Morro Bay City Council
January 14, 2025

CITY OF MORRO BAY
City Council Regular Meeting Agenda

Tuesday, January 14, 2025, 5:30 p.m.

Veterans Memorial Hall, 209 Surf St., Morro Bay, CA
Public Participation
Public participation is offered in the following ways:
• Community members may attend the meeting in person at the Morro Bay Veterans Hall.

Alternatively, members of the public may watch the meeting and speak during general Public Comment or on a specific agenda item by logging into the Zoom webinar using the information provided below. Please use the "raise hand" feature to indicate your desire to provide public comment.
•
Zoom webinar link:
https://us02web.zoom.us/j/82722747698?pwd=aWZpTzcwTHlRTk9xaTlmWVNWRWFU QT09
•
• Password: 135692
Or Telephone Attendee: 1 (408) 638-0968 or 1 (669) 900-6833 or 1 (346) 248-7799; Webinar ID: 827 2274 7698; Password: 135692: Press *9 to raise hand for public comment.
•
• Meetings are also broadcast on cable Channel 20 and streamed on the City's website.

Community Members are encouraged to submit agenda correspondence via email to the City Council at [email protected] prior to the meeting. Agenda correspondence received by 10:00 a.m. on the meeting day will be posted on the City website. •
Pages

1. ESTABLISH QUORUM AND CALL TO ORDER

2. MOMENT OF SILENCE

3. PLEDGE OF ALLEGIANCE

4. REPORTS

4.a Closed Session Report

4.b Mayor and Councilmembers' Reports, Announcements and Presentations

4.c City Manager Reports, Announcements and Presentations

4.d Subcommittee Reports - Verbal Update of Current Subcommittee Activities

1. Water Reclamation Facility & Morro Bay / Cayucos Sanitary District JPA

2. Morro Bay Power Plant (Vistra)

3. Offshore Wind Energy

4. Downtown Design District

5. RECOGNITION AND PRESENTATIONS

5.a City of Morro Bay Years of Service Awards 6

5.b Proclamation Recognizing Big Brothers Big Sisters during National Mentoring Month

6. PUBLIC COMMENT
Members of the audience wishing to address the Council on City business matters not on the agenda may do so at this time. For those desiring to speak on items on the agenda, but unable to stay for the item, may also address the Council at this time.

Public comment is an opportunity for members of the public to provide input to the governing body. To increase the effectiveness of the Public Comment Period, the City respectfully requests the following guidelines and expectations be followed:
•
Those desiring to speak are asked to complete a speaker slip, which are located at the entrance, and submit it to the City Clerk. However, speaker slips are not required to provide public comment. •
When recognized by the Mayor, please come forward to the podium to speak. Though not required, it is helpful if you state your name, city of residence and whether you represent a business or group. Unless otherwise established by the Mayor, comments are to be limited to three minutes.
•
All remarks should be addressed to Council, as a whole, and not to any individual member thereof.
•
The Council respectfully requests that you refrain from making slanderous, profane or personal remarks against any elected official, commission and/or staff.
•
Please refrain from public displays or outbursts such as unsolicited applause, comments or cheering.
•
Any disruptive activities that substantially interfere with the ability of the City Council to carry out its meeting will not be permitted and offenders will be requested to leave the meeting.
•
Your participation in City Council meetings is welcome and your courtesy will be appreciated.
•
The Council in turn agrees to abide by its best practices of civility and civil discourse according to Resolution No. 07-19.
•

7. CONSENT AGENDA
Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. The public will also be provided an opportunity to comment on consent agenda items.

Recommended Action
Approve consent agenda items 7.a through 7.f as submitted.

7.a Approval of Minutes
(City Clerk)
Recommended Action
Approve as submitted.

1. December 10, 2024 - Special Council Meeting 15

2. December 10, 2024 - Regular Council Meeting 18

3. December 16, 2024 - Special Closed Session Meeting 24

4. December 19, 2024 - Special Council Meeting 26

7.b Approval of Proclamations
(City Clerk)

1. Proclamation recognizing Big Brothers Big Sisters of San Luis Obispo County during the month of January as National
Mentoring Month
29 7.c Adoption of Resolution No. 01-25 Establishing the 2025 City Council Meeting Calendar and Budget Development Schedule
30 (City Manager)
Recommended Action
Adopt Resolution No. 01-25 approving the 2025 City Council Meeting Calendar and Budget Development Schedule.

7.d Approval of Agreement for Consolidation of Morro Bay Transit Services into San Luis Obispo Regional Transit Authority
46 (Public Works Department)
Recommended Action
Approve the Agreement for Consolidation of Morro Bay Transit Services (the Agreement) into San Luis Obispo Regional Transit Authority (RTA), after Interim City Attorney final review and any non-substantive revisions, and authorize the Mayor to execute the Agreement. If following Council’s approval of the Agreement at this meeting there are any substantive changes negotiated, such revisions will be re-presented to the Council for approval.

7.e Adopt Resolution No. 02-25 Authorizing the City Manager to Execute an Agreement with the California Department of Corrections and 85

Rehabilitation for Inmate Work Crews
(Public Works Department)
Recommended Action
Adopt Resolution No. 02-25 authorizing the City Manager to execute an agreement with the California Department of Corrections and Rehabilitation for inmate work crews.

7.f Adoption of Resolution No. 03-25 Approving the Assignment of Assumption and Conditionally Authorizing the Mayor to Execute Documents Necessary for the Assignment and Assumption at Lease Site 53-56/53W-56W and Accepting Deeds of Trust Related Thereto 116
(Harbor Department)
Recommended Action
Adopt Resolution No. 03-25 allowing the Mayor to authorize the assignment and assumption, and authorizing the Mayor to execute necessary documents, and accepting deeds of trust related thereto regarding sale of the leasehold interest at Lease Site 53-56/53W-56W (Estero Inn, 501 Embarcadero) to Russel Curtis, Don Nelson, Daniel McCall, and Justin Laribee (LLC Pending), with documents subject to approval of the City Attorney.

8. PUBLIC HEARING ITEMS
None.

9. BUSINESS ITEMS

9.a Advisory Board Interviews and Appointments 120
(City Clerk)
Recommended Action
Conduct interviews to fill upcoming vacancies on the Planning Commission, Public Works Advisory Board, Harbor Advisory Board and Recreation & Parks Commission.

9.b Request to form the Waterfront Master Plan Advisory Committee (WMPAC)
162
(Community Development Department)
Recommended Action
Confirm the makeup of the Waterfront Master Plan Advisory Committee (WMPAC) and initiate a recruitment process.

9.c Update on Fiscal Year (FY) 2023-24 and 2024-25 City Council Goals and Action Items
164
(City Manager)
Recommended Action

Receive a progress report on the City Council goals, goals’ statements, and action Items, acknowledge accomplishments and overall workload; and provide direction on remaining goals.

10. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS

11. ADJOURNMENT
The next Regular Meeting will be held on January 28, 2025.

This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall, 595 Harbor Street, Morro Bay, CA 93442 for any revisions or call the Clerk's office at (805) 772-6205 for further information.

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection upon request by calling the City Clerk's office at (805) 772-6205.

In compliance with the Americans Disability Act, if you need special assistance to participate in a City meeting, please contact the Clerk's office 24 hours prior to the meeting to insure reasonable arrangements can be made to provide accessibility to the meeting.

Years Of
Service Awards
2024

10 Years Of
Service

Gina Arias
Administrative Technician
Public Works Department

Eli Hunter
Consolidated Maintenance Worker I
Public Works Department

Tony Mosqueda
Police Commander
Police Department

15 Years Of
Service

Alex Tapia
Utility Operator Multiple Cert
Public Works Department

30 Years Of
Service

Janeen
Burlingame
Management Analyst
Public Works Department

1 MINUTES - MORRO BAY CITY COUNCIL

SPECIAL MEETING OF CITY COUNCIL
December 10, 2024, 4:00 p.m.

Veterans Memorial Hall, 209 Surf St., Morro Bay, CA
Members Present: Mayor Carla Wixom
Council Member Zara Landrum
Council Member Laurel Barton
Council Member Cyndee Edwards
Council Member Jennifer Ford
Staff Present: City Manager Yvonne Kimball
City Attorney Chris Neumeyer
City Clerk Dana Swanson
Finance Director Emily Conrad
Community Development Director Airlin Singewald
Police Chief Amy Watkins
Harbor Vitality Director Chris Munson
Fire Captain Michael Talmadge
City Engineer Cindy Cecil
_____________________________________________________________________

1. ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom called the meeting to order at 4:02 p.m. with all members present.

2. PUBLIC COMMENT FOR ITEMS ON THE AGENDA
https://youtu.be/gH4sZwShcYM?si=Sn_ZrVPLbvc0M0qw&t=75
 Aaron Ochs, Morro Bay, thanked Council Members Barton and Ford for their service and expressed gratitude for Citizens for Estero Bay Preservation support of Measure A-24. He suggested the City inform the Coastal Commission and California Energy Commission Vistra did not complete good faith negotiations with the City and did not exercise all remedies available prior to opting in to AB 205.
 Barry Branin, Morro Bay, expressed appreciation for members of the Council and community members who supported Measure A-24.  Clint Weirick, on behalf of Senator John Laird, congratulated the newly elected members and thanked Council Members Ford and Barton for their service.

2  Janice Peters, Morro Bay, thanked the outgoing and congratulated newly elected council members
 Christine Johnson, Morro Bay, offered sincere thanks for outgoing Council Members Barton and Ford and welcomed newly seated Council Members Eckles and Luffee.
 Aislyn and Alexa Ford expressed pride and admiration for their mom's service on the City Council, thanked Council Member Barton for her service, and congrulated newly elected Council Members Eckles and Luffee.
 Lynda Merrill, Morro Bay, thanked Council Members Ford and Barton for their dedication to the City.
 Julie Cravotto, on behalf of Assemblymember Dawn Addis and their office, thanked outgoing council members and recognized Council Member Ford's dedication to the City and State.
 Diego Amaro thanked Council Member Ford for her dedication to the City of Morro Bay.
 Betsy Gaudette-Cross, Morro Bay, expressed her appreciation for the City Council.
 Assemblymember Dawn Addis welcomed the new members to the Council and thanked outgoing Council Members Ford and Barton for their incredible work.
 Alexis Arrazola thanked Council Member Ford for her service.

End of public comment.

3. SPECIAL MEETING AGENDA ITEM(S)

3.a RESOLUTION DECLARING RESULTS OF THE NOVEMBER 5, 2024

GENERAL MUNICIPAL ELECTION, AND ADOPTION OF ORDINANCE
NO. 659 (MEASURE A-24)
https://youtu.be/gH4sZwShcYM?si=6p2QyZTru9t4wse8&t=1236 Motion by Council Member Ford
Seconded by Council Member Barton

1. Adopt Resolution No. 72-24 declaring the results of the November 5, 2024, General Municipal Election, and

2. Direct staff to update the language in the General Plan consistent with Measure A-24 with all due haste, and

3. Direct staff to initiate the process for a Zoning Code amendment to indicate that changing the land use designation for the specific parcels requires voter approval in accordance with Measure A-24.

3 Ayes (5): Mayor Wixom, Council Member Landrum, Council Member Barton, Council Member Edwards, and Council Member Ford CARRIED (5 to 0)

3.b COMMENTS BY CURRENT MAYOR AND COUNCIL MEMBERS
https://youtu.be/gH4sZwShcYM?si=agUzdOp7yQPs0tXU&t=1376

3.c OATH OF OFFICE FOR MAYOR-ELECT, CARLA WIXOM, AND

COUNCIL MEMBERS-ELECT, JEFF ECKLES AND BILL LUFFEE
https://youtu.be/gH4sZwShcYM?si=MYlqEwWlzGebMzk2&t=2509

3.d COMMENTS BY NEWLY ELECTED MAYOR AND COUNCIL MEMBERS https://youtu.be/gH4sZwShcYM?si=u0VJr5oXuw4d9KI-&t=2688

4. ADJOURN
The meeting adjourned at 5:00 p.m.

Respectfully submitted,
/s/ Dana Swanson, City Clerk
_________________________
Dana Swanson
Clerk

1 MINUTES - MORRO BAY CITY COUNCIL

REGULAR MEETING
December 10, 2024, 5:30 p.m.

Veterans Memorial Hall, 209 Surf St., Morro Bay, CA
Members Present: Mayor Carla Wixom
Council Member Cyndee Edwards
Council Member Jeff Eckles
Council Member Zara Landrum
Council Member Bill Luffee
Staff Present: City Manager Yvonne Kimball
City Attorney Chris Neumeyer
Community Development Director Airlin Singewald
Finance Director Emily Conrad
Police Chief Amy Watkins
Harbor Vitality Director Chris Munson
Fire Captain Michael Talmadge
City Engineer Cindy Cecil
_____________________________________________________________________

1. ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom called the meeting to order at 5:30 with all members present.

2. MOMENT OF SILENCE

3. PLEDGE OF ALLEGIANCE

4. REPORTS

4.a Closed Session Report
No closed session meeting was held.

4.b Mayor and Councilmembers' Reports, Announcements and Presentations
https://youtu.be/gH4sZwShcYM?si=7o9DWQkZUIF5pXcL&t=3572

4.c City Manager Reports, Announcements and Presentations https://youtu.be/gH4sZwShcYM?si=RVXWWpJx8Wc0ePQv&t=4025

4.d Subcommittee Reports - Verbal Update of Current Subcommittee Activities

2 https://youtu.be/gH4sZwShcYM?si=2JAghVh-fl3gV9w0&t=4195 a. Water Reclamation Facility & Morro Bay / Cayucos Sanitary District JPA
b. Morro Bay Power Plant (Vistra)
c. Offshore Wind Energy
d. Downtown Design District

5. RECOGNITION AND PRESENTATIONS

6. PUBLIC COMMENT
https://youtu.be/gH4sZwShcYM?si=J7rDut9lI9Sfi1Lx&t=4259  Linda Winters, Morro Bay, commented on the successful Thanksgiving Day event and celebrated the large number of guests served at Monday Night Dinners.
 Sugar Cliff, Grandma's Mercantile on Main Street, announced downtown businesses will have extended evening shopping hours Friday, December 20th.
 Garry Johnson, Morro Bay, appreciated the continued tradition of Caroling Cops and congratulated new Council Members.
 Betty Winholtz, Morro Bay, requested an update on needed sidewalk repairs following the fiber optic undergrounding by Astound.  Kiernan Cottle, Morro Bay, commented on the need for more support of the unhoused.
 Paul Donnelly, Morro Bay, congratulated newly elected members and urged the City to immediately send Measure A-24 to the Coastal Commission.
 Nicole Dorfman, resident and representative of REACT Alliance, was pleased to learn Equinor paused their work on offshore wind and read a statement by Morro Bay Commercial Fishermen's Organization discussing an event that occurred on the east coast.
 Dina Lundquist, Morro Bay Chamber of Commerce, looked forward to continued collaboration with the City Council and staff, anticipating 2025 will be an exciting year for the Chamber and the city.
 An unnamed resident urged the City to preserve visitor parking as required in the Black Hill Villas CC&R's.
 Linda Donnelly, Morro Bay, requested clarification on subcommittee reporting and the appropriate contact to address an overgrown tree in her neighborhood.

3  Margaret Carman, Morro Bay, urged the City to look into the proposed changes to South Bay Blvd. considered in the Morro Bay Estuary Climate Resiliency Transportation Plan.
 Wendy Wendt, First 5 San Luis Obispo County, shared an update regarding the We Are the Care initiative and announced upcoming events.  Judy Setting, Morro Bay, celebrated the passage of Measure A-24 and requested an ordinance to restrict the use of drones in residential neighborhoods.

End of public comment.

Mayor Wixom responded to questions raised during public comment.

7. CONSENT AGENDA
https://youtu.be/gH4sZwShcYM?si=ug849wOLmVCJXLSG&t=6361 Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. The public will also be provided an opportunity to comment on consent agenda items.

Mayor Wixom opened public comment for items on the Consent Agenda; seeing none, the public comment period was closed.

Motion by Council Member Edwards
Seconded by Council Member Landrum
Approve Items 7.a through 7.f as submitted.

Ayes (5): Mayor Wixom, Council Member Edwards, Council Member Eckles, Council Member Landrum, and Council Member Luffee
CARRIED (5 to 0)

7.a Approval of Minutes
Approve as submitted.
a. November 12, 2024 - Regular Council Meeting
b. November 12, 2024 - Special Closed Session Meeting

7.b Fiscal Year (FY) 2023-24 Status Report on Receipt and Use of Development Impact Fees (Annual Report and Five-Year Findings re Unexpended Funds)
Adopt Resolution No. 73-24 accepting the Fiscal Year (FY) 2023-24 status report on receipt and use of Development Impact Fees.

7.c Authorization for Attendance at the C-MANC Annual Washington, D.C., "Washington Week" Meetings

4 Authorize a three-person delegation to attend the California Marine Affairs and Navigation Conference (C-MANC) 2025 “Washington Week” meetings in Washington, D.C. slated for February 10 – 14, 2025, and to represent the City’s interests in the nation’s capital. It is anticipated the Mayor, City Manager and Harbor Vitality Director will attend the Conference; however, staff recommends the Council authorize Council Member Landrum, as the liaison to the Harbor Advisory Board, as an alternate to be the third representative should one of the others be unable to attend.

7.d Acceptance of Two Hazard Mitigation Grants: 1) Advanced Assistance - Floodproof Reverse Osmosis Water Treatment Facility Building Grant - DR4683-AP01233; and 2) Advanced Assistance - Storm Drain Assistance Grant - DR4683-AP01231
Adopt Resolution No. 74-24 and Resolution No. 75-24, accepting the award of the following grants:

1. Floodproof Reverse Osmosis Water Treatment Facility Grant totaling $306,197.32 for studying and identifying the most effective mitigation project to protect the City’s reverse osmosis water treatment facility from floodwaters,

2. Storm Drain Assessment Grant totaling $1,075,944.20 for evaluating storm drain issues and conducting a watershed management plan to mitigate flooding risks in select areas of Morro Bay, and

3. Approve and sign Cal OES Form 130, which allows the approved Authorized Agent(s) to execute for and on behalf of the City of Morro Bay.

7.e League of California Cities 2024 Annual Conference - Attendance Report
Receive and file.

7.f Consider Resolution No. 76-24 Approving Designation of City's Agents in Applying for Reimbursement from the Cal OES and FEMA for possible future disaster related expenses and authorizing City's agents to take all necessary actions for reimbursements Adopt Resolution No. 76-24 approving the Designation of Applicant’s Agent Resolution and authorizing the City Manager, or designee, to take all necessary actions to apply to California Governor’s Office of Emergency Services (Cal OES) and Federal Emergency Management Agency (FEMA) for reimbursement of eligible City costs resulting from possible future disaster events.

8. PUBLIC HEARING ITEMS

9. BUSINESS ITEMS

5 9.a Appointment of Mayor Pro Tempore; Appointment of
Representatives on Discretionary Boards; approval of Council Liaison Assignments and various Council Sub-Committees for 2025 https://youtu.be/gH4sZwShcYM?si=Q0w93Y3UJvCixuds&t=6420 Mayor Wixom opened public comment on Item 9.a; seeing none, the public comment period was closed.

Council Member Edwards appreciated the thoughtfulness given to the appointments and requested consideration of appointing an alternate position for the City's delegate to the REACH Economic Roundtable. The request did not receive majority support given they meet twice annually.

Motion by Council Member Landrum
Seconded by Council Member Luffee
Appoint Council Member Cyndee Edwards as Mayor Pro Tempore; appoint representatives to serve on the various County or Regional Discretionary Boards; and approve Council Liaison Assignments and Council Sub-Committees for calendar year 2025 as shown on the attached appointment list.

Ayes (5): Mayor Wixom, Council Member Edwards, Council Member Eckles, Council Member Landrum, and Council Member Luffee CARRIED (5 to 0)

10. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
https://youtu.be/gH4sZwShcYM?si=rJawNY6D54XwJiz7&t=6743 Council Member Landrum requested review of the Short Term Rental ordinance to look for opportunities to reduce the numbers and clarification as to whether new permits are being issued. Staff agreed to bring an update to Council as the annual renewal process is completed, no later than April.

Council Member Landrum requested and received full support for consideration of establishing campaign contribution limits.

Council Member Eckles requested and received support for consideration of a facade improvement program (business improvement opportunity).

Mayor Wixom requested and received support to add Performance Evaluation of the City Attorney per Government Code section 54957 to the December 16th Closed Session Agenda.

11. ADJOURNMENT
The meeting adjourned at 6:35 p.m.

6 /s/ Dana Swanson, City Clerk

1 MINUTES - MORRO BAY CITY COUNCIL

CLOSED SESSION MEETING
December 16, 2024, 9:00 a.m.

City Hall Conference Room
595 Harbor Street, Morro Bay, CA 93442
Members Present: Mayor Carla Wixom
Council Member Cyndee Edwards
Council Member Jeff Eckles
Council Member Zara Landrum
Council Member Bill Luffee
Staff Present: City Manager Yvonne Kimball
City Attorney Chris Neumeyer
Assistant City Attorney Lona Laymon
Community Development Director Airlin Singewald
Harbor Vitality Director Chris Munson
_____________________________________________________________________

1. ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom called the meeting to order at 9:00 a.m. with all members present.

2. SUMMARY OF CLOSED SESSION ITEMS

3. CLOSED SESSION PUBLIC COMMENT
 Semu Torres, Site Coordinator for Family Partnership Charter School, encouraged the City to purchase Morro Elementary and allow the Charter School to remain at that location.
 Blake Thorin encouraged the City to purchase the Morro Elementary property and allow Family Partnership Charter School to rent classroom space.
 Shy Gardner, Los Osos, commented on the positive impact Family Partnership Charter School has had on her daughter and encouraged the City to purchase the property.
 Amber Moore, Los Osos, expressed her appreciation for Family Partnership Charter School.

End of public comment.

4. THE COUNCIL WILL CONVENE IN CLOSED SESSION

2 4.a CONFERENCE WITH REAL PROPERTY NEGOTIATOR -
GOVERNMENT CODE SECTION 54956.8
Property: Lease Site 86/86W, 801 Embarcadero, The Libertine Pub Property Negotiators: Eric Newton
Agency Negotiators: Chris Munson, Harbor Vitality Director; Yvonne Kimball, City Manager; and Chris Neumeyer, City Attorney Negotiations: Price and Terms of Payment

4.b CONFERENCE WITH REAL PROPERTY NEGOTIATOR -
GOVERNMENT CODE SECTION 54956.8
Properties: APNs 066-280-045 and 066-044-011, 1130 Napa Ave., Morro Elementary School
Property Negotiators: San Luis Coastal Unified School District Agency Negotiators: Yvonne Kimball, City Manager; Airlin Singewald, Community Development Director; and Chris Neumeyer, City Attorney Negotiations: Price and terms of payment

4.c PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Conduct an employee evaluation of the City Attorney pursuant to Government Code Section 54957.

4.d PUBLIC EMPLOYEE DISCIPLINE, DISMISSAL OR RELEASE
Consideration of discipline, dismissal or release of a public employee pursuant to Government Code Section 54957.

Title: City Attorney

4.e PUBLIC EMPLOYEE APPOINTMENT
Consider the appointment of a City Attorney pursuant to Government Code Section 54957.

5. RECONVENE IN OPEN SESSION
The City Council reconvened in Open Session. The Council did not take any reportable action in accordance with the Brown Act.

6. ADJOURNMENT
The meeting adjourned at 12:16 p.m.

Respectfully submitted,
/s/ Dana Swanson, City Clerk

1 MINUTES - MORRO BAY CITY COUNCIL

SPECIAL MEETING OF CITY COUNCIL
December 19, 2024, 5:30 p.m.

Veterans Memorial Hall, 209 Surf St., Morro Bay, CA
Members Present: Mayor Carla Wixom
Council Member Cyndee Edwards
Council Member Jeff Eckles
Council Member Zara Landrum
Council Member Bill Luffee
Staff Present: City Manager Yvonne Kimball
City Clerk Dana Swanson
_____________________________________________________________________

1. ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom called the meeting to order at 5:30 p.m. with all members present.

2. PUBLIC COMMENT FOR ITEMS ON THE AGENDA
https://youtu.be/v2VfouX7W7c?si=siq2k08y64FckIzU&t=41
 Janice Peters, Morro Bay, offered her support for retaining Mr. Schultz.  Linda Winters, Morro Bay, was supportive of hiring Mr. Schultz.  Jeremiah O'Brien, Morro Bay, welcomed Mr. Schultz back to the city if that's the direction of Council.
 Judy Setting, Morro Bay, asked the Council vote to terminate the agreement with Brown, Williams and Sorensen and execute and agreement with Mr. Schultz.
 Jeff Heller, Morro Bay, questioned why the decision to terminate the Brown Williams Sorensen contract was made so quickly and was concerned about the loss of institutional knowledge. He suggested Council develop policies and procedures to closely monitor consultant fees.

End of public comment.

3. SPECIAL MEETING AGENDA ITEM(S)

3.a Consideration of Termination of the Agreement with Burke, Williams & Sorensen, LLP for City Attorney Services

2 https://youtu.be/v2VfouX7W7c?si=e9XJpouBLINQ-tpA&t=637 City Manager Kimball briefly introduced the item.

Motion by Mayor Wixom
Seconded by Council Member Luffee
Direct staff to proceed with termination of the Agreement with Burke, Williams & Sorensen (BWS) to allow for a successor agreement, with the exception of closure on ongoing items between either BWS and Interim City Attorney or BWS and the City Manager.

Ayes (5): Mayor Wixom, Council Member Edwards, Council Member Eckles, Council Member Landrum, and Council Member Luffee CARRIED (5 to 0)

3.b Approval of Agreement with Robert Schultz for Interim City Attorney Services
https://youtu.be/v2VfouX7W7c?si=z-ne4h_xY3tqL3w0&t=1263 City Manager Kimball briefly introduced the item and Mayor Wixom invited Mr. Schultz to the podium to respond to Council inquiries.

Following Council questions and discussion, there was consensus to strike the last sentence in Section 13 - Conflict of Interest and direct staff to verify whether a section title was missing in the paragraph following Section 15 - Indemnification.

Motion by Mayor Wixom
Seconded by Council Member Luffee
Approve and authorize the Mayor to execute an Agreement with Robert W. Schultz for Interim City Attorney Services with the changes discussed.

Ayes (5): Mayor Wixom, Council Member Edwards, Council Member Eckles, Council Member Landrum, and Council Member Luffee CARRIED (5 to 0)

4. ADJOURN
The meeting adjourned at 6:06 p.m.

Respectfully submitted,
/s/ Dana Swanson, City Clerk

3 _________________________
Dana Swanson
Clerk

A PROCLAMATION OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY RECOGNIZING

BIG BROTHERS BIG SISTERS OF SAN LUIS OBISPO COUNTY DURING NATIONAL MENTORING MONTH ON THEIR 30TH ANNIVERSARY AND FOR THEIR

QUALITY YOUTH MENTORING PROGRAMS

CITY COUNCIL
City of Morro Bay, California
WHEREAS, Big Brothers Big Sisters of San Luis Obispo County’s mission is to create and support one-to-one mentoring relationships to ignite the power and promise of you; and WHEREAS, Big Brothers Big Sisters of San Luis Obispo County has provided 30 years of life-changing mentoring programs that promote education, healthy relationships, positive selfesteem and life-long growth; and WHEREAS, Big Brothers Big Sisters’ volunteer mentors have improved the lives of more than 4,000 local children since opening in 1995; and
WHEREAS, Big Brothers Big Sisters’ mentoring programs are an evidence-based, prevention program with statistically significant effectiveness at reducing drug use and violence, and improving youth mental health and academic performance; and WHEREAS, 98% of children in Big Brothers Big Sisters’ program graduate from high school and 75% continue their post high school education; and WHEREAS, volunteer mentors and professional staff support family wellness and ensure that child safety standards are met; and
WHEREAS, Big Brothers Big Sisters of San Luis Obispo County’s volunteers invested over 19,200 hours of volunteer time in 2024, which is valued at $643,008 by The Independent Sector; and
WHEREAS, Big Brothers Big Sisters of San Luis Obispo County has been honored with numerous awards by Big Brothers Big Sisters of America, including the prestigious 2023 Growth Award; and
WHEREAS, the County of San Luis Obispo formally recognizes the month of January as National Mentoring Month and embraces the vision that all children should achieve their full potential.

NOW, THEREFORE, BE IT RESOLVED that Morro Bay City Council does hereby recognize Big Brothers Big Sisters of San Luis Obispo County, on their 30th Anniversary year, for the quality youth mentoring programs that they provide for the children and families in San Luis Obispo County.

IN WITNESS WHEREOF I have hereunto
set my hand and caused the seal of the City
of Morro Bay to be affixed this 14th day of
January 2025
___________________________________

CARLA WIXOM, MAYOR
City of Morro Bay, California Page 29 of 176
Prepared By: DS Dept Review: ________
City Manager Review: _YK City Attorney Review: _RWS___
Staff Report
TO: Honorable Mayor and City Council DATE: January 2, 2025 FROM: Yvonne Kimball, City Manager
SUBJECT: Adoption of Resolution No. 01-25 Establishing the 2025 City Council Meeting Calendar and Budget Development Schedule

RECOMMENDED ACTION
Adopt Resolution No. 01-25 approving the 2025 City Council Meeting Calendar and Budget Development Schedule.

ALTERNATIVES
The Council may alter the proposed meeting calendar and schedule.

FISCAL IMPACT
None

BACKGROUND/DISCUSSION
Strategic Planning and Budget Calendar
Over the past several years, City Council has adopted an annual calendar that incorporates the strategic planning and budget discussions in a methodical way to link those efforts. Adoption of a calendar by resolution informs the community of the planned dates for important work on the City’s goals and objectives, adoption of the budget, and more.

Beginning in January, staff will initiate the community outreach process to solicit input for the City goals. Outreach efforts will include at minimum, a community survey, advisory body engagement and feedback, and outreach to the business and tourism groups. Input collected from those engagements will be provided to City Council in advance of a facilitated community forum to take place in late March/early April. The forum will serve as another opportunity for members of the community to participate and share suggestions about the City goals and provide the Council an opportunity to establish goals and prioritize short-term actions for Fiscal Years 2025-26 and 2026-

27. Following the forum, staff will fine tune and bring back a plan for City Council consideration and adoption in late April.

With regard to the budget process, the calendar provides two budget study sessions in late May to provide City Council with an overall financial picture for the City and allow for review of each department’s proposed budgets and consideration of adjustments, as necessary, to balance the budget. Council then has two regular meetings in June to formally consider and adopt the annual AGENDA NO: 7.c
MEETING DATE: January 14, 2025

budget prior to year-end.
2025 Meeting Calendar
A Council meeting schedule which includes proposed regular meetings, as well as proposed special meetings and study sessions (known as of the date of this report) is provided for in Exhibit A to Resolution No. 01-25.

Budget Calendar
Exhibit B to Resolution No. 01-25 includes the Fiscal Year (FY) 2025-26 Budget calendar which lays out the projected schedule for the staff development, public briefing, Citizens Finance Advisory Committee consideration, Council review, and eventual Council approval of the FY 2025-26 Operating and Capital Budget. Staff is recommending that Council hold their study session meetings on back-to-back days in May. Council would reserve the regularly scheduled June 10, 2025 Council meeting date to formally adopt the FY 2025-26 Budget (with June 24 th as a backup date if needed).

CONCLUSION
Staff recommends Council adopt Resolution No. 01-25 that includes the City Council’s Meeting Calendar, as well as Budget Development Schedule for calendar year 2025.

ATTACHMENTS

1. Resolution No. 01-25 with Exhibits A and B

2. Resolution No. 83-18 Establishing Strategic Framework Policy

3. FY 2023-24 and 2024-25 Adopted City Goals and Action Items

RESOLUTION NO. 01-25

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY, CALIFORNIA
ADOPTING THE 2025 CITY COUNCIL MEETING CALENDAR

AND BUDGET DEVELOPMENT SCHEDULE

T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City Council adopts an annual calendar providing for the orderly course of business and to provide transparency and accountability to the public; and WHEREAS, in accordance with the Strategic Planning Framework Policy established by Resolution No. 83-18, the City Council adopts a schedule for the development of the annual budget.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, the 2025 City Council Meeting Calendar is adopted, as set forth in Exhibit A, and the Budget Development schedule is adopted, as set forth in Exhibit B.

PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on this 10th day of January 2025 on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:

CARLA WIXOM, Mayor
ATTEST:

DANA SWANSON, City Clerk

Reso. 01-25 Exhibit A
2025 Meeting Calendar
January 14
Regular Meeting
January 28
Regular Meeting
February 11
Regular Meeting
February 25
Budget Forecast Study Session
Regular Meeting
March 11
Regular Meeting
March 25
Regular Meeting
April 8
Regular Meeting
April 22
Regular Meeting
May 13
Regular Meeting
May 27
Budget Study Session #1
Regular Meeting
May 28
Budget Study Session #2 (if needed)
June 10
Budget Adoption
Regular Meeting
June 24
Regular Meeting
July 8

HOLIDAY BREAK
July 22
Regular Meeting
August 12
Regular Meeting
August 26
Regular Meeting
September 9
Regular Meeting
September 23
Regular Meeting
October 14
Regular Meeting
October 28
Regular Meeting
November 12 (Wed.)
Regular Meeting
November 25

HOLIDAY BREAK
December 9
Regular Meeting
December 23

HOLIDAY BREAK

Reso. No. 01-25 - Exhibit B
Budget Development Calendar
Fiscal Year 2025-26
 February Finance prepares budget framework, training, and instructions  Feb 18 FY 2024-25 Measure Q/E Midyear budget presentation to CFAC  Feb 25 FY 2024-25 Midyear Budget Presentation to Council  March Departments prepare FY 2025-26 budget submittals  April 16 New Capital Requests PWAB Review
 April City Manager/Exec Team budget meetings; draft budget development  April Preliminary Council input on budget and/or fiscal policies if needed  May 8 City Manager delivers draft proposed budget numbers to Council  May 20 CFAC reviews budget and provides input, emphasis on Measure Q/E  May 27 Council Budget Study Session #1 (Special or Regular Meeting)  May 28 Council Budget Study Session #2 (if needed)
 Jun 10 Budget Adopted at Council Meeting
 Jun 24 Backup date for Budget Adoption
Legend
o Council Meetings
o Advisory Board Meetings
o Internal Staff Actions

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Prepared By: __JB__ Dept Review: GK
City Manager Review: _YK___ City Attorney Review: _RWS__ Staff Report
TO: Honorable Mayor and City Council DATE: January 8, 2025 FROM: Greg Kwolek, Public Works Director
Janeen Burlingame, Management Analyst
SUBJECT: Approval of Agreement for Consolidation of Morro Bay Transit Services into San Luis Obispo Regional Transit Authority

RECOMMENDED ACTION
Approve the Agreement for Consolidation of Morro Bay Transit Services (the Agreement) into San Luis Obispo Regional Transit Authority (RTA), after Interim City Attorney final review and any non-substantive revisions, and authorize the Mayor to execute the Agreement. If following Council’s approval of the Agreement at this meeting there are any substantive changes negotiated, such revisions will be re-presented to the Council for approval.

ALTERNATIVES
Alternatively, the City Council could not authorize execution of the Agreement and provide other direction to staff.

BACKGROUND/DISCUSSION
At the City Council’s September 10, 2024, meeting, the Council authorized staff to take steps to consolidate Morro Bay Transit (MBT) into RTA whereby RTA would take over administration, maintenance, and operation of MBT services. City and RTA staff have prepared an agreement to achieve consolidation, with RTA to begin administration, operations, and maintenance of MBT on June 1, 2025.

Attachment 1 is the final draft Agreement for approval consideration that outlines a scope of work identifying the service level and fare structure at the time RTA will take over operations of the MBT, as well as identifying the transit vehicles and equipment whose ownership and maintenance responsibility will be transferred to the RTA. Per the Agreement, the City will retain local control of routes, service schedule, and fare structure, while RTA will be responsible for analysis and recommendations to the City Council regarding these items. Annually, RTA will prepare and submit to City a detailed proposal and budget to provide services identified in the Agreement for consideration and approval. Once the budget is approved, RTA would submit the annual Transportation Development Act (TDA) claim to the San Luis Obispo Council of Government (SLOCOG) for the budgeted amount from the City’s TDA allocation from the State.

Of note, the Agreement includes a provision for the ability to terminate prior to the end of the term by giving 180-day written notice and outlines a process for how transferred vehicles or equipment to RTA would be transferred back to the City.

AGENDA NO: 7.d
MEETING DATE: January 14, 2025

The Agreement was scheduled for RTA Board review and approval at its January 8, 2025 meeting.

The Board authorized the RTA Executive Director and/or the Board President to execute the Agreement to operate and administer MBT services.

Several Rural Transit Fund (RTF) projects currently awarded by SLOCOG to the City for various projects would be transferred to RTA for completion, pending Agreement approval and execution.

Attachment 2 is a joint letter to SLOCOG from City staff and RTA detailing the projects associated with the transfer and requesting SLOCOG transfer the City awarded RTF funds to RTA for this purpose. As SLOCOG is responsible for administering all TDA and RTF funds in San Luis Obispo County, it is included as a signatory of the Agreement. Once final costs and credits from RTF are calculated, staff will bring back to the City Council at mid-year budget review an allocation request to complete the transfer of funds from the City’s restricted Transit Fund to the RTA per the agreement. At that time, the City Council may decide how to expend the remainder of the funds; for example, remaining Transit Fund monies may be allocated to paving or bike facility projects.

ATTACHMENTS

1. Agreement for Consolidation of MBT services into RTA

2. Letter (12/23/24) to Request Redirection of Awarded MBT Rural Transit Funds

3. City Council 9/10/24 Staff Report Regarding Consideration of Consolidation of MBT Administration, Operations, and Maintenance into the RTA

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AGREEMENT FOR

CONSOLIDATION OF MORRO BAY TRANSIT SERVICES INTO SAN LUIS OBISPO

REGIONAL TRANSIT AUTHORITY
THIS AGREEMENT is entered into this day of , by and
between the CITY OF MORRO BAY, (hereinafter referred to as “CITY”), the San Luis Obispo Council of Governments, (hereinafter referred to as “SLOCOG”), and the SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY, (hereinafter referred to as “RTA”).

WITNESSETH:

WHEREAS, CITY has been responsible for local transit and other local transportation services within and immediately adjacent to the incorporated areas of the City not considered part of the regional transportation system; and WHEREAS, CITY is the direct recipient of Transportation Development Act (TDA) funds, which is comprised of Local Transportation Funds (LTF) and State Transit Assistance (STA) funds; and
WHEREAS, CITY is projected to receive a total of $618,244 in LTF funds in fiscal year 2024-25; and
WHEREAS, CITY is projected to receive a total of $60,988 in STA funds in fiscal year 2024-25; and
WHEREAS, in fiscal year 2024-25, CITY budgeted $346,089 of its LTF allocation for local public transit services and $237,363 of its LTF allocation for regional RTA transit services. The remaining TDA funds are available to meet local bicycle, pedestrian and streets/roads needs; and
WHEREAS, CITY desires consolidation of its local public transit services into RTA to take advantage of efficiencies and cost-savings that result from such consolidation; and
WHEREAS, SLOCOG is responsible for planning and administering all TDA and Rural Transit Funds in San Luis Obispo County; and
WHEREAS, RTA is responsible for regional transit and other regional transportation services, and is deemed trained, experienced, expert and competent to perform such services on behalf of CITY; and
WHEREAS, RTA is presently providing similar coordinated/consolidated services to South County Transit, to the City of Paso Robles, and to the County of San Luis Obispo; and

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WHEREAS, said agreements have been beneficial to RTA, South County Transit, the City of Paso Robles, and the County of San Luis Obispo; and WHEREAS, CITY desires to cease direct management of local public transit services in CITY limits.

NOW THEREFORE, the parties do mutually agree as follows:

1. Transfer of All Future Transit Obligations. CITY hereby transfers all obligations to provide local public transit services to RTA. RTA will operate all local public transit services in CITY as specified in Section 2 based on recommendations in the July 2019 Morro Bay Transit Short Range Transit Plan 2019-2023 and subsequent service level changes that resulted from the COVID-19 pandemic.

2. Scope of Services. Pursuant to this Agreement, RTA shall provide to CITY the services identified in Attachment “A” attached hereto as if entirely set forth herein.

3. Compensation. CITY shall permit RTA to directly submit an annual TDA claim to SLOCOG for local public transit services, a sum not to exceed RTA’s actual cost of operating said services. Said compensation will be developed in the following manner: RTA shall annually submit to the City Public Works Director by March 1 a detailed proposal to provide the services identified in Attachment “A” and an associated amount of compensation for providing those services for the subsequent fiscal year. The City Public Works Director shall annually provide written consent to the proposal, including the service level and amount of compensation by April 1 unless the proposal is determined to be unreasonable.

Any annual proposal the Public Works Director determines to be unreasonable will be placed on a City Council agenda and an RTA Board of Directors agenda so that it may be considered and mutually agreed upon by these respective boards prior to May 1. CITY shall provide written direction to SLOCOG that the agreed upon amount of compensation should be allocated to the RTA directly from the share of TDA monies allocated to the CITY through the SLOCOG allocation process. RTA will be responsible for submitting a claim for these monies to SLOCOG during the subsequent fiscal year for deposit directly into RTA’s account. RTA shall account for CITY monies separately from all other monies received.

4. Transfer of Funds. Any fully-funded but not yet completed CITY transit projects that remain as of June 1, 2025 will be completed by CITY using transit funds. RTA will provide technical assistance as appropriate. CITY shall transfer all noncommitted monies remaining in its transit fund to RTA by the effective date of this Agreement. SLOCOG shall transfer all Rural Transit Funds previously allocated to CITY to RTA upon ratification of this agreement by the SLOCOG Board of Directors. RTA will use these monies to fund CITY transportation services and will account for these monies separately. This is a one-time transfer.

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5. Transfer of Vehicles and Equipment. CITY shall transfer ownership of and responsibility for all vehicles and transit vehicle-specific equipment by the effective date of this Agreement to RTA. A list of these vehicles and equipment is included in Attachment “B”. Both CITY and RTA agree that the fair market value of the vehicles and equipment is $464,357 amount (the “Vehicle Transfer Value”).

6. Term of Agreement. This Agreement shall commence effective June 1, 2025 and shall continue, until and unless terminated earlier as provided herein. RTA will furnish sufficient personnel to complete all phases of the tasks.

7. Termination of Agreement for Convenience of Either Party. Either party may terminate this Agreement at any time by giving to the other party One Hundred Eighty (180) days written notice of such termination. Termination shall have no effect upon the rights and obligations of the parties arising out of the transaction occurring prior to the effective date of such termination. RTA shall use budgeted funds to pay for all work satisfactorily completed prior to the effective date of such termination.

In the event that this Agreement is terminated for convenience pursuant to this Section 7, RTA and CITY shall jointly cause to have the vehicles and equipment that were transferred to RTA pursuant to Section 5 above appraised (the “Updated Appraisal”). In the event any vehicles or equipment have been replaced or used, then any replacement vehicle or equipment shall be substituted for the equipment identified in Attachment “B” for such appraisal. If any of the vehicles in Attachment B have been “surplused” and RTA does not replace that vehicle with a new vehicle, then no vehicle will be included in the updated appraisal. Once the Updated Appraisal is complete, the Updated Appraisal shall be compared with the Vehicle Transfer Value to determine whether an equalizing payment is needed by either RTA to CITY or from CITY to RTA. By way of example, if the Vehicle Transfer Value is $150,000 and the Updated Appraisal equals $100,000, then a payment of $50,000 shall be made from RTA to CITY. RTA and CITY may agree on other arrangements in lieu of an equalizing payment.

8. Termination of Agreement for Cause. If, through any cause within its control, either party fails to fulfill in a timely and professional manner its obligations under this Agreement, or if either party violates any of the terms or provisions of this Agreement, either party shall have the right to terminate this Agreement effective immediately upon giving written notice thereof to the party provided that the terminating party provides the breaching party notice of breach and a reasonable opportunity to cure the breach. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. RTA shall use budgeted funds to satisfactorily complete all work commenced prior to the effective date of such termination.

9. Modification. This Agreement, together with Attachment “A,” (Scope of Work) and Attachment “B” (Vehicles and Equipment) constitutes the entire understanding of

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the parties hereto and no changes, amendments, or alterations shall be effective unless in writing and signed by both parties.

10. Non-Assignment of Agreement. Inasmuch as this Agreement is intended to transfer all local public transit services to RTA, RTA shall not assign, transfer, delegate, or sublet this Agreement or any interest herein without the prior written consent of the CITY Public Works Director, and any such assignment, transfer, delegation, or sublet without CITY’s prior written consent shall be considered null and void.

11. Covenant. The validity, enforceability and interpretation of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California.

12. Enforceability. The invalidity and unenforceability of any terms or provisions hereof shall in no way affect the validity or enforceability of any other terms or provisions.

13. Employment Status. RTA shall, during the entire term of the Agreement, be construed to be an independent agency, and shall in no event be construed to be an employee of CITY. RTA understands and agrees that its employees are not, and will not, be eligible for membership in or any benefits from any CITY group plan for hospital, surgical or medical insurance, or for membership in any CITY retirement program, or for paid vacation, paid sick leave, or other leave, with or without pay, or for any other benefit which accrues to a CITY employee.

14. Warranty of RTA. RTA warrants that it is properly certified and licensed under the laws and regulations of the State of California to provide the services herein agreed to.

15. Conflicts of Interest. No officer, employee, director or agent of CITY shall participate in any decision relating to this Agreement which affects his personal interest or the interest of any corporation, partnership, or association in which he is directly or indirectly interested; nor shall any such person have any interest, direct or indirect, in this Agreement or the provisions thereof.

16. Indemnification. RTA shall defend, indemnify and hold harmless CITY, its officers and employees from all claims, demands, damages, costs, expenses, judgments, attorney fees, or other losses that may be asserted by any person or entity, including RTA, either alleged or that arise out of, or are related to any act or omission of RTA relating to and in the performance under this Agreement. The obligation to indemnify shall be effective and shall extend to all such claims or losses in their entirety. However, this indemnity will not extend to any claims or losses arising out of the sole negligence or willful misconduct of the CITY, its officers and employees.

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17. Insurance Requirements. RTA, at its sole cost, shall purchase and maintain the insurance policies set forth below on all of its operations under this Agreement. All of the insurance companies providing insurance for RTA shall have, and provide evidence of, an A.M. Best & Co. rating of A:VII or above, unless exception is granted by CITY’s Public Works Director. Further, all policies shall be maintained for the full term of this Agreement and related warranty period if applicable.

A. Scope and Limits of Required Insurance Policies
1) Commercial General Liability
Policy shall include coverage at least as broad as set forth in Insurance Services Office Commercial General Liability Coverage (CG 00 01) with policy limits of not less than $5 (five) million dollars combined single limit per occurrence, $5 (five) million general aggregate, and $5 (five) million products and completed operations aggregate. Policy shall be endorsed with the following specific language or contain equivalent language in the policy:
a) The CITY, its officers, employees, agents and
volunteers, are named as an additional insured for all
liability arising out of the operations by or on behalf of the named insured in the performance of this
Agreement.
b) The insurance provided herein shall be considered and endorsed as primary coverage to the CITY with respect
to any insurance or self-insured retention maintained by the CITY. Further, the CITY’s insurance shall be
considered excess insurance only and shall not be
called upon to contribute to this insurance.
c) The policy shall allow and be endorsed to include waiver of subrogation in favor of the CITY, its officers, officials, employees and agents.
d) The policy shall not be cancelled or materially changed without first giving thirty days prior written notice to the CITY Public Works Director. If a carrier will not provide the required notice of cancellation, the RTA shall
provide written notice to the CITY of a cancellation no later than ten (10) business days before cancellation.

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2) Business Automobile Policy
Policy shall include coverage at least as broad as set forth in the liability section of Insurance Services Office Business Auto Coverage (CA 00 01) with policy limits of no less than $5 (five) million dollars combined single limit for each occurrence. Said insurance shall include coverage for owned, non-owned, and hired vehicles. Policy shall be endorsed with the following specific language or contain equivalent language in the policy:
a) The CITY, its officers, employees, agents and volunteers, are named as an additional insured for all liability arising out of the operations by or on behalf of the named insured in the
performance of this Agreement
b) The policy shall not be cancelled or materially changed without first giving thirty days prior written notice to the CITY Public Works Director. If a carrier will not provide the required notice of cancellation, the RTA shall provide written notice to the City of a cancellation no later than ten (10) business days before cancellation.
c) The policy shall allow and be endorsed to include a waiver of subrogation in favor of the City, its officers, officials, employees, and agents.
3) Worker’s Compensation / Employer’s Liability Insurance a) Worker’s Compensation: policy shall provide statutory limits as required by State of California. Policy shall allow and be endorsed with the following specific language:
i. RTA and its insurer shall waive all rights of subrogation against the CITY, its officers, employees, volunteers
and agents for workers’ compensation losses arising
out of this Agreement.
ii. The policy shall not be cancelled or materially changed without first giving thirty (30) days prior written notice to the CITY Public Works Director. If a carrier will not
provide the required notice of cancellation, the RTA
shall provide written notice to the City of a cancellation no later than ten (10) business days before
cancellation.

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b) Employer’s Liability: policy shall provide $1 million dollars per accident for bodily injury or disease.

B. Deductibles and Self-Insurance Retentions
All deductibles and/or self-insured retentions which apply to the insurance policies required herein will be declared in writing and approved by CITY prior to commencement of this Agreement.

C. Documentation
Prior to commencement of work and annually thereafter, upon renewal or change, for the term of this Agreement, RTA will provide the CITY Public Works Director properly executed certificates of insurance clearly evidencing the coverage, limits, and endorsements specified in this Agreement. Further, at the CITY’s request, the RTA shall provide certified copies of the insurance policies within thirty days of request.

D. Absence of Insurance Coverage
CITY may direct RTA to immediately cease all activities with respect to this Agreement it is determines that RTA fails to carry, in full force and effect, all insurance policies with coverage levels at or above the limits specified in this Agreement. Any delays or expense caused due to stopping of work and change of insurance shall be considered RTA’s delay and expense.

18. Notices. Any notice required to be given pursuant to the terms and provisions hereof shall be in writing, and shall be sent by certified or registered mail to:

CITY:

City of Morro Bay
Public Works Department
595 Harbor Street
Morro Bay, CA 93442
RTA:

SLO Regional Transit Authority
253 Elks Lane
San Luis Obispo, California 93401

19. Progress Reports. RTA shall submit brief progress reports the CITY, progress reports accompanied by invoices shall describe the work performed, plus any problems anticipated in performing said work in future. Said reports shall be optional upon written approval by the CITY Public Works Director.

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20. Copyright. Any reports, maps, documents or other materials produced in whole or part under this Agreement shall be the property of CITY, and shall not be subject to any application for copyright by or on behalf of the RTA.

21. Findings Confidential. No reports, maps, information, documents, or any other materials given to or prepared by RTA under this Agreement which CITY requests, in writing, to be kept confidential, shall be made available to any individual or organizations by RTA without the prior written approval of CITY Public Works Director. However, RTA shall be free to disclose such data as is publicly available, already in its possession, or independently developed.

IN WITNESS WHEREOF, this AGREEMENT has been executed by the parties hereto, upon the date first above written.

CITY RTA and SLOCOG
ATTEST:

City Clerk of The City of Morro Bay
[SEAL]
ATTEST:

Executive Director
RTA
Executive Director
SLOCOG

APPROVED AS TO FORM AND
LEGAL EFFECT:

ROBERT W. SCHULTZ
City of Morro Bay Counsel
By:

Interim City Attorney
Date:

APPROVED AS TO FORM AND
LEGAL EFFECT:

RITA NEAL
County Counsel
By:

Assistant County Counsel
Date:

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CITY
Mayor
City of Morro Bay
Date:

RTA & SLOCOG
President
RTA Board of Directors
Date:

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ATTACHMENT “A”

SCOPE OF WORK
Transit services administered and operated by RTA and part of this agreement include local public transit services in the incorporated and adjacent areas of the City of Morro Bay and not considered part of the RTA regional transportation system.

The intent of the agreement is for RTA to consolidate local public transit services into RTA. RTA will serve as the direct recipient of all transit-specific Transportation Development Act (TDA) funds apportioned to CITY, and will seek available Federal Transit Administration (FTA) funds to partially fund local public transit services. CITY will retain local control relating to levels of service and fare structure. The following list is not meant to be all inclusive:

RTA-PROVIDED TRANSIT VEHICLE, MANAGEMENT, ADMINISTRATIVE, FINANCIAL

SERVICES

1. Operate local public transit services as recommended in the July 2019 Morro Bay Transit Short Range Transit Plan 2019-2023 and subsequent service level changes that resulted from the COVID-19 pandemic outlined in the 2024 Transit and Trolley route flyers in Attachment C.

2. Provide data collection, reconciling and monitoring of local public transit services to appropriate transportation monitoring agencies including, but not limited to the San Luis Obispo Council of Governments (SLOCOG), the FTA, and the State of California.

3. Provide route analysis for effectiveness and efficiency and report to CITY on an as-needed basis, including making recommendations regarding potential changes in service levels or fare structure for CITY consideration of approving for implementation.

4. Monitor system-wide on-time performance

5. Assist SLOCOG in the development and implementation of future Short Range Transit Plans.

6. Attend meetings with CITY as needed to address local public transit issues as they arise.

7. Prepare annual budget for local public transit services.

8. Prepare and administer annual TDA claim, for local public transit services.

9. Prepare and submit annual State Controller’s Report.

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10. Coordinate and conduct all audits/reviews, including the annual TDA fiscal and compliance audit, the FTA Triennial Review, and the TDA Triennial Audit.

11. Develop and submit grant applications to fund local public transit services, including the purchase of vehicles and equipment that will be owned by RTA and used to provide local public transit services in the CITY.

12. Develop and implement marketing plans to promote local public transit services.

13. All financial and budgetary reports outlined herein shall provide sufficient detail so as to report CITY transportation services separately from all other RTA regional transportation services.

14. Provide bus stop maintenance for local and regional transit bus stops in CITY.

15. Provide a trolley with driver for up to 7 CITY events each fiscal year. The CITY would submit a request to RTA with sufficient notice before the event and include details about day, time, location, and/or routing.

The CITY is agreeing to provide to RTA the following services for the CITY’s actual cost of providing these services plus administrative overhead. The following list is not meant to be all inclusive:

CITY-PROVIDED ASSETS AND SERVICES

1. CITY shall provide use of the existing passenger transfer area located on Harbor Street adjacent to Morro Bay Park. CITY shall be responsible for emptying trash cans and maintaining the decorative lighting located at the passenger transfer area. RTA shall be responsible for maintenance of the transit shelter.

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ATTACHMENT “B”

VEHICLES AND EQUIPMENT
The following list of CITY-owned vehicles and equipment will be transferred on an as-is, where-is basis on the effective date of this Agreement.

Vehicles
City
ID Type of Service
Seating
Capacity1 Year Make Model Asset
Value
Vehicle
License # VIN
B3 Deviated Fixed Route 14 2024 Ford E-450 Starcraft Allstar $ 95,222 1697140 1FDFE4FN8SDD04898 T6 Trolley Fixed Route 22 2019 Ford F-53 Hometown Villager $ 108,957 1277949 1F66F5DYXK0A04214 T1 Trolley Fixed Route 30 2024 Ford F-53 Hometown $ 239,938 1577203 1F66F5DN8N0A03332 1Total ambulatory capacity; each vehicle has 2 wheelchair spaces Non-Vehicle Equipment Asset Value Life Yrs.

City Park Transit Shelter* $ 20,239 20
*Does not include decorative light poles near shelter
Date Acquired
5/1/2023

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ATTACHMENT “C”
2024 TRANSIT AND TROLLEY

ROUTING AND SERVICE DAYS/TIMES
The CITY’s most current Short Range Transit Plan was adopted by its City Council on February 25, 2020 a few weeks before the COVID-19 pandemic emergency response began in March 2024 resulting in service days and hours of operation for the deviated fixed route and seasonal trolley service changing from that outlined in the adopted Short Range Transit Plan. The route flyers in this Attachment reflect the current service levels for the deviated fixed route and seasonal trolley services.

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December 23, 2024
San Luis Obispo Council of Governments
Attn: Pete Rodgers, SLOCOG Executive Director
1114 Marsh Street
San Luis Obispo, CA 93401
Re: Request Rededication of RTF Funds Awarded to Morro Bay Transit Dear Mr. Rodgers,
As you know, the City of Morro Bay and the San Luis Obispo Regional Transit Authority (RTA) are working to consolidate Morro Bay Transit (MBT) services into the RTA, with a likely effective date of June 1, 2024.

Among the many tasks we are jointly investigating is how to meet the City’s obligations for projects funded through the SLOCOG Rural Transit Fund (RTF). This memorandum provides a summary of the four RTF awarded projects, including a status update for each. At the end of this memorandum, I will recommend a number of steps that the City, the RTA and SLOCOG officials can undertake in the coming weeks to redirect RTF awards toward necessary upgrades to MBT vehicles in preparation for consolidation and the conduct of a SRTP update study.

Status of RTF Awarded Projects:

1. Zero Emission Bus Plan (FY21/22, $40,000 with no local match) – this project would have procured consultant services to complete the CARB-required ICT Fleet Rollout Plan.

Subsequent to the RTF award, City staff worked with CARB to develop the Fleet Rollout Plan in-house. CARB provided confirmation on October 3, 2023 that the Fleet Rollout Plan meets all requirements. Status: Complete, and funds can be redistributed.

2. Automated Fare Collection System (FY21/22, $74,000 with no local match) – this project would have retrofitted automated fareboxes onto two cutaway vans, and retrofitted CAD/AVL systems onto the two cutaway vans and three trolleys. Status: Not started.

3. Comprehensive Operational Analysis (FY23/24, $60,000 with no local match) – this project would “right-size” transit services. It should be noted that the City’s Short Range Transit Plan (SRTP) was adopted by the City Council a few weeks before the COVID-19 pandemic, which had a profound and continuing impact on Morro Bay Transit ridership. Status: Not started pending execution of consolidation agreement between the City and RTA.

4. Purchase New Transit Vehicle (FY24/25, $140,800 plus $19,200 local match) – this project would have issued a purchase order through the CalACT/Basin Transit Purchasing Cooperative. However, due to on-going discussions about consolidating with the RTA, this project has been put on hold. Status: On hold pending execution of consolidation agreement between the City and RTA.

In summary, SLOCOG has awarded a total of $314,800 in RTF to the City, in addition to the $19,200 the City has committed in local matching funds. Together, these two funding sources total $334,000 for the City’s transit projects.

Cost Estimates for MBT Vehicle Upgrades
The Class C – Starcraft Allstar vans used on the MBT deviated fixed-route service are essentially the same ones used by the RTA for its Route 15 service that operates between Morro Bay and San Simeon. The difference is that the MBT vehicles do not utilize on-vehicle security systems or GPSbased passenger information systems. In order to more effectively use resources across both systems under eventual consolidation, the MBT vehicles should be “upgraded” to match RTA cutaway vehicles and include elements that enhance the passenger riding experience, such as a GPS-based computer-aided dispatch / automatic vehicle location (CAD/AVL) system, geo-located passenger boarding/alighting data, a security camera system, a passenger wi-fi system, an airbornepathogen scrubber/ionizer system, and automated fare systems.

Table 1 below depicts the estimated costs for these upgrades, based on the RTA’s recent purchase of vehicle number 2431 that was placed into revenue service at the beginning of summer 2024.

Trolleys
New Retrofit Retrofit
1 1 2
Class C - Starcraft Allstar 16+2 $160,720 Sep-2023 purchase & 5% CPI $160,720 N/A N/A $160,720 Connexionz CAD/AVL $15,400 Connexionz quote 8/2023 $15,400 $15,400 $30,800 $61,600 Odyssey Farebox $29,500 2401 order from Gillig $29,500 N/ANote 1 N/A $29,500 SafeFleet 9-Camera Security System $8,495 2431 Cutaway quote Included $8,495 $16,990 $25,485 Rotating Driver Barrier $1,395 2431 Cutaway quote Included $1,395 $2,790 $4,185 Climate Comfort Tech. Air Cleaner/Ionizer $3,950 2431 Cutaway quote Included N/ANote 1 $7,900 $7,900 Motorola XPR 555Oe Two-Way Radio $2,520 2431 Cutaway quote Included $2,520 $5,040 $7,560 Destination Sign $5,240 2431 Cutaway quote Included $5,240 N/A $5,240 Stop Request System (w/ sign) $1,000 2431 Cutaway quote $1,000 $1,000 $2,000 $4,000 Sportsworks Bike Rack (Apex 2‐Fat Tire‐Stainless) $3,850 2431 Cutaway quote Included N/A $7,700 $7,700 Third-party vendor costs to retrofit equipment $2,000 Discussions with vendors Included $2,000 $4,000 $6,000 $206,620 $36,050 $77,220 $319,890
Note 1: RTA can donate a spare GFI farebox and a spare Ionizer for use on MBT unit B2.

Table 1: Capital Costs to Transition Morro Bay Transit Vehicles to RTA Specifications Subtotals/Total
Cutaway Vans
Costs
Item
Estimated
cost from
last RTA
Purchase Quote Source Subtotal
Table 1 above shows an overall need for $319,890 to implement the following:

1. Purchase one new replacement Starcraft cutaway van that includes all RTA-specified improvements shown in Table 1. The City recommends that the RTA directly undertake this procurement on the City’s behalf so that the region can be assured the vehicle is operationally consistent with other RTA vehicles, and is compliant with existing CAD/AVL and other systems.

2. Retrofit MBT’s 2024 vehicle B3 with those improvements that would be included in the new vehicle, but with an important distinction – the RTA would install a used GFI automated farebox and a used air scrubber/ionizer that were removed from a recently decommissioned bus. MBT vehicle B2 would not be needed upon consolidation and thus would not be upgraded with any RTA-specified systems; it would be salvaged upon delivery of the new replacement vehicle discussed above.

3. Retrofit two trolleys that are actively used in seasonal services with pertinent RTA-specified systems. Note that the trolley upgrades would not include a GFI Odyssey farebox or a destination sign, since those elements are not necessary for seasonal trolley services. In addition, the oldest two trolleys (vehicles T4 and T5) would be salvaged following execution of the consolidation agreement – thereby reducing the trolley fleet from four to two vehicles.

Please note that the costs shown in Table 1 above are best estimates, but that we will need to revisit final costs once we get firm bids from the vendors.

The City is also desirous of conducting a focused study to help guide MBT services in light of the proposed consolidation and changes resulting from the COVID pandemic. The consultant completing the RTA’s SRTP has provided a proposal on June 18, 2024 that would require $60,550, as shown in the table on page 15 of the attached. As indicated, the study could kick-off in February 2025, with completion in late-fall – in time for Morro Bay’s FY26-27 budget-making efforts.

In summary, the City has identified a total need of $380,440 for these important planning and vehicle upgrades efforts. The City has identified transit fund balance monies that could be used to make up the $46,440 shortfall after all existing RTF awards to the City are redistributed to the RTA.

Recommendations to Address Vehicle Upgrade & Planning Needs I believe that SLOCOG, RTA and City officials should work together to redirect already awarded RTF grant funds from the City to the RTA in order to upgrade the fleet so that it is compatible with the RTA’s deviated fixed-route vehicles and to undertake the SRTP side study. Upon completion of the upgrades identified in Table 1 above, this would immediately provide an enhanced passenger experience and permit the RTA to begin collecting real-time operating data. The SRTP study will help the City guide MBT services over the next five to seven years.

To move this process along, an Agreement among SLOCOG, RTA and the City of Morro Bay would include language that would allow the RTA to purchase the replacement vehicle, manage the vehicle upgrades, and administer the RTF on the City’s behalf, while also meeting SLOCOG’s requirements.

Should the RTA and City ultimately fail to execute an agreement to consolidate in early 2025, all transit-related assets would revert back to the City.

Please do not hesitate to reach out to me or Geoff Straw with any questions. We look forward to discussing these proposals with you and your SLOCOG team.

Sincerely,

Janeen Burlingame Geoff Straw
Management Analyst RTA Executive Director
Attachment: Proposal for Additions to SRTP to Address Morro Bay and Atascadero ________________________________________________________________________________ www.morrobayca.gov (805) 772-6261 www.facebook.com/CityofMorroBay

1 Geoff Straw, General Manager
San Luis Obispo Regional Transit Authority
253 Elks Lane
San Luis Obispo, CA 93401
RE: Proposal for Additions to Joint SRTP To Address
Morro Bay and Atascadero
Dear Mr. Straw:

Per your request, this letter is to outline the scope of work and cost estimate associated with expanding the scope of the joint San Luis Obispo Regional Transit Authority / City of San Luis Obispo Short Range Transit Plan (SRTP) to include evaluation of the transit programs currently serving the City of Morro Bay and the City of Atascadero. Specifically, these evaluations will assume provision of transit services by the RTA. Separate scopes and cost estimates are provided for Morro Bay and for Atascadero.

MORRO BAY SRTP SCOPE OF WORK
TASK 1 – Existing Transit Conditions, Evaluation of Current Services & Past Recommendations Conduct Initial “Kickoff” Virtual Meeting
After a review of prior studies and documents available on-line, the Consultant Team will develop and provide to City and RTA staff a list of desired data items. In an effort to keep project costs at a minimum, LSC proposes to hold an initial “kick-off” meeting via teleconference between the Consultant Team, City staff, RTA staff and other stakeholders (at the City’s discretion) early in the process.

The kick-off meeting will have a number of goals, including the following:
• A detailed discussion about expectations regarding communications between LSC and City staff during the course of the study including monthly progress reports. • Identification of the key issues at stake in the study, as well as local interest groups and stakeholders.
• A frank discussion of the current status of transit services in the area, including both existing strengths and shortcomings.

2 • Identification of external factors (such as planning processes in other jurisdictions, or relationships with private partners) that will impact the transit “environment” over the coming five-to-ten years.
• A review of the proposed work tasks, budgets, and schedule, which will culminate on a final and agreed upon work program with a project timeline, detailed steps, and associated allocated costs.

The Consultant Team will provide a summary of the meeting discussion to ensure accurate interpretation of study concerns and issues.

Existing Transit Conditions
In an effort to gain a clear understanding of the community and setting in which transportation services may be provided, the Study Team will prepare a profile of demographic and economic conditions in the City of Morro Bay and the surrounding area:

Population Characteristics Review – The first step in the transit planning process is to identify concentrations of population which are typically transit dependent. This includes youth, elderly, financially disadvantaged, disabled, and households with no vehicle available. Graphics will be prepared displaying the demographic information with overlying routes and services in order to display areas of concentrated transit-dependent populations and level of transit services provided. As a basis to estimate future transit demand, LSC will evaluate projected population change by age group, which can be gathered from the California Department of Finance as well as potential new development in the area.

Travel Behavior and Patterns – A review of current travel patterns and characteristics will provide insight into the travel needs of residents and visitors in Morro Bay. A primary part of this analysis includes reviewing commuter modes of travel and origin-destination patterns, as commuters serve as an important segment of the transit rider population. As such, the US Census Longitudinal Employer Household Dynamics survey and other commuter databases will be reviewed.

Changes in Transit Generators
LSC will review land use plans that have the potential to change transit needs and service areas over the coming five years. In addition, and planned changes in schools or social service programs will be identified and considered.

3 Current Services Evaluation
LSC will prepare a summary of existing fixed route/Call-A-Ride and trolley services serving the City of Morro Bay. To the degree that available existing data allows, the summary will include existing routes and schedules, historical and current ridership by route, ridership by time of day and weekday/Saturday/Sunday, vehicle fleet, vehicle maintenance/operations facility and arrangements, passenger amenities, and fare structure. Ridership data by stop will also be reviewed as available.

System Performance Analysis
An important part of a transit planning study is to review the productivity and efficiency of existing transit services so as to identify routes/services with high/low demand as well as provide direction for the alternatives analysis later in the study. First, a cost allocation model will be developed for Morro Bay Transit. This model will assign all existing operating costs to the appropriate service variable (annual vehicle miles and hours), so that operating costs for each route/service can be estimated. Next, the Consultant Team will review the following performance measures by route:
− Passenger-trips per vehicle hour
− Passenger-trips per vehicle mile
− Operating cost per passenger-trip
− Operating cost per vehicle hour
− Operating subsidy per passenger-trip
− Farebox recovery ratio
A summary will be developed highlighting the most efficient and least efficient Morro Bay Transit services.

Next, LSC will review any adopted performance standards or goals found in previous transit plans, regional transportation plans, and the operations contract. LSC will develop a set of draft performance goals and standards for Morro Bay Transit services based on existing standards for Morro Bay and actual performance of similar transit systems in Central and Northern California.

These standards can be both quantitative and qualitative in nature and include but not be limited to: passengers per hour, farebox ratio, subsidy per trip, and on-time performance. LSC will compare actual performance of Morro Bay Transit services to the proposed draft standards.

Past Recommendations
The Study Team will review pertinent recent planning documents in order to gain an understanding of the regulatory and institutional context of the study effort. In particular, the most recent SRTP, the Regional Transportation Plan/Sustainable Communities Strategy for San Luis Obispo County, the City of Morro Bay General Plan, the most recent two Triennial Performance Audits, Unmet Transit Needs Minutes, and any other documentation of transit needs.

4 After the completion of Task 1, Technical Memorandum One will be prepared and will include the results of the existing conditions and current services analysis. The document will be produced in Word and Excel and PDF format, with GIS Arc Info graphics, as appropriate and provided electronically to RTA staff. After sufficient time to review the document, LSC will schedule a conference call to discuss the document with RTA and City staff.

Task 1 Deliverable
Technical Memorandum Number One: Existing Conditions
• Socio-Economic Profile
• Existing Transit Conditions Report with Service Map
• Current Services Evaluation Summary
• Past Recommendations
Task 2 – Service Alternatives and/or Improvements
As part of this task, a wide variety of service alternatives or potential improvements will be analyzed based on work performed thus far, including input from discussion with stakeholders, staff, community members and surveys. Alternatives will be designed to meet the projected needs of the transit system over the next five years. The following information will be provided for each alternative:
• Type of service to be offered.
• Operating characteristics, including service areas, routes and schedules, hours of operation, vehicle mileage, ridership, etc.
• Ridership impacts, disaggregated by type of rider. In particular, LSC will compare the potential for additional new riders versus the impact of any service modifications on existing ridership.
• Financial characteristics including operating, capital and administrative costs as well as fares, advertising, tax, and other revenues.
• Provisions for meeting elderly and disabled needs in general and the requirements of the ADA in particular.

The first alternative will consider provision of existing services by the RTA. This will use RTA cost models and driver scheduling parameters to define costs of the existing services. We will assume that existing City of Morro Bay transit vehicle assets would be provided to RTA. We will

5 also review the potential viability and advantages/disadvantages of use of City facilities for vehicle storage, driver check in / check out and vehicle fueling.

Beyond the alternative of RTA operating existing Morro Bay transit services, LSC will evaluate potential service alternatives as follows:
• Route modifications to provide enhanced service in existing areas • Changes to the Morro Bay Trolley to better attract visitors and tourists • Changes in span of service
• Viability of microtransit service to replace portions or all of the fixed route during various days and hours of service.
• Review opportunities for increased coordination with regional transit providers (such as the implementation of more transfer opportunities with RTA).

The alternatives performance analysis will reveal which alternatives are the most cost effective and provide the most mobility for city residents. The qualitative benefits of each alternative will also be considered, such as the benefit of serving a disadvantaged neighborhood even if it does not meet performance standards. This comprehensive analysis will culminate in Technical Memorandum 2: Service Alternatives Analysis.

Next, the Study Team will schedule a virtual meeting to discuss Tech Memo 2 with RTA and City staff and choose preferred alternatives. The presentation will summarize all work performed to this point and make preliminary service plan recommendations.

Task 2 Deliverable
Technical Memorandum Number 2: Service Alternatives Evaluation • Alternatives Analysis
• PowerPoint Presentation
Task 3 – Service Plan, Capital Plan, Financial Plan, Marketing Strategies Service Plan
Based on input, LSC will finalize the preferred service plan elements to be included as part of the Five-Year Short Range Transit Plan.

6 Capital Plan
This task will coincide with and support the findings and recommendations of Task 3 and the recommended Service Plan by identifying the appropriate equipment and facility needs for operating transit services over the plan period, specifically as pertains to recommended service changes. In particular, the capital alternatives will evaluate the:
• Acquisition of vehicles, specific to service recommendations and with consideration for alternative fuels, capacity considerations, ADA considerations, and passenger amenity improvements.
• Replacement of vehicles as needed to maintain a safe and efficient fleet. • Transit passenger facilities, including bus stop amenities, potential central transfer point and bicycle amenities. This will include the development of a list of recommended bus stop locations and amenities based on available boarding and alighting counts. • Transit operations facility plan defining where specific functions (vehicle storage, vehicle fueling, maintenance and driver reporting) will occur.

Potential funding sources for capital acquisitions will be identified in the Financial Plan section.

Financial Plan
To effectively develop a reliable transit plan, it is necessary to identify future funding sources for the planned service and capital alternatives developed as part of the Short Range Transit Plan. In coordination with City staff, the consultant will prepare a list of funding source assumptions such as Transportation Development Act and Federal Transit Administration (FTA) grant programs for potential City of Morro Bay transit revenues over the short-term. Next, both the operating and capital alternatives will be used to forecast future potential financial requirements of the Short Range Transit Plan. Through an iterative process, differing capital and service improvement plans can be evaluated to ensure that an adequate funding balance is maintained through the life of the plan. This task will result in a fiscally constrained financial plan that includes analyses of revenue and expenditures through 2029. It will include evaluation of aligning fares with other existing RTA fares.

At the end of this task, LSC will put together and Technical Memorandum 3: Administrative Draft Report which will include the results of Tasks 1 – 3 including a recommended Service Plan, Capital Plan, Financial Plan and Performance Goals and Standards (Task 1). The document will be provided to City staff in both Microsoft Word and Adobe Acrobat format for easy review and comment.

7 Task 3 Deliverable
Administrative Draft Report
• Results of Tasks 1 – 3
• Service Plan
• Capital Plan
• Financial Plan
TASK 4 – Five Year Transit Plan
Public Draft Short Range Transit Plan
After sufficient time for review and comment on the Administrative Draft Report by RTA and City Staff, LSC will incorporate comments and prepare a Public Draft version of the report which will include an Executive Summary. The Public Draft Short Range Transit Plan will be available on the internet, distributed to interested stakeholders, as well as presented virtually to City decisionmakers and the RTA Board.

For public review, the report will be posted on the Morro Bay Transit website and the RTA website. The web postings will include links to a www.surveymonkey.com survey questionnaire and comment box, where the public can confidentially provide direct feedback on the Public Draft Plan.

Final Short Range Transit Plan
Once the Draft Short Range Transit Plan has been reviewed by the RTA and City staff, Public Works Advisory Board, interested stakeholders, City Council, and the public, comments will be addressed and the document will be revised as necessary. This will become the Final Short Range Transit Plan. As part of this process, LSC will hold a conference call with RTA and City staff to ensure that the Final Plan fully addresses all input.

Task 4 Deliverables
Public Draft Five Year Short Range Transit Plan
Draft Plan PowerPoint Presentation
Final Short Range Transit Plan

8 ATASCADERO SRTP SCOPE OF WORK
TASK 1 – Existing Transit Conditions, Evaluation of Current Services & Past Recommendations Conduct Initial “Kickoff” Virtual Meeting
After a review of prior studies and documents available on-line, the Consultant Team will develop and provide to City staff a list of desired data items. In an effort to keep project costs at a minimum, LSC proposes to hold an initial “kick-off” meeting via teleconference between the Consultant Team, City staff, RTA staff and other stakeholders (at the City’s discretion) early in the process.

The kick-off meeting will have a number of goals, including the following:
• A detailed discussion about expectations regarding communications between LSC and City staff during the course of the study including monthly progress reports. • Identification of the key issues at stake in the study, as well as local interest groups and stakeholders.
• A frank discussion of the current status of transit services in the area, including both existing strengths and shortcomings.
• Identification of external factors (such as planning processes in other jurisdictions, or relationships with private partners) that will impact the transit “environment” over the coming five-to-ten years.
• A review of the proposed work tasks, budgets, and schedule, which will culminate on a final and agreed upon work program with a project timeline, detailed steps, and associated allocated costs.

The Consultant Team will provide a summary of the meeting discussion to ensure accurate interpretation of study concerns and issues.

Existing Transit Conditions
In an effort to gain a clear understanding of the community and setting in which transportation services may be provided, the Study Team will prepare a profile of demographic and economic conditions in the City of Atascadero and the surrounding area:

Population Characteristics Review – The first step in the transit planning process is to identify concentrations of population which are typically transit dependent. This includes youth, elderly, financially disadvantaged, disabled, and households with no vehicle available. Graphics will be prepared displaying the demographic information with overlying routes and services in order to

9 display areas of concentrated transit-dependent populations and level of transit services provided. As a basis to estimate future transit demand, LSC will evaluate projected population change by age group, which can be gathered from the California Department of Finance as well as potential new development in the area.

Travel Behavior and Patterns – A review of current travel patterns and characteristics will provide insight into the travel needs of residents and visitors in Atascadero. A primary part of this analysis includes reviewing commuter modes of travel and origin-destination patterns, as commuters serve as an important segment of the transit rider population. As such, the US Census Longitudinal Employer Household Dynamics survey and other commuter databases will be reviewed.

Changes in Transit Generators
LSC will review land use plans that have the potential to change transit needs and service areas over the coming five years. In addition, and planned changes in schools or social service programs will be identified and considered.

Current Services Evaluation
LSC will prepare a summary of existing on-demand services serving the City of Atascadero. To the degree that available existing data allows, the summary will include existing schedules, number of vehicles in operation by hour and day of week, historical and current ridership, ridership by time of day and weekday, ridership by zone, ridership by specific location, vehicle fleet, vehicle maintenance/operations facility and arrangements, passenger amenities, and fare structure.

System Performance Analysis
An important part of a transit planning study is to review the productivity and efficiency of existing transit services so as to identify routes/services with high/low demand as well as provide direction for the alternatives analysis later in the study. First, a cost allocation model will be developed for Atascadero Dial-A-Ride. This model will assign all existing operating costs to the appropriate service variable (annual vehicle miles and hours), so that operating costs for each route/service can be estimated. Next, the Consultant Team will review the following performance measures:
− Passenger-trips per vehicle hour
− Passenger-trips per vehicle mile
− Operating cost per passenger-trip
− Operating cost per vehicle hour
− Operating subsidy per passenger-trip
− Farebox recovery ratio
Next, LSC will review any adopted performance standards or goals found in previous transit plans, regional transportation plans, and the operations contract. LSC will develop a set of draft

10 performance goals and standards for Atascadero Dial-A-Ride services based on existing standards for Atascadero and actual performance of similar transit systems in Central and Northern California. These standards can be both quantitative and qualitative in nature and include but not be limited to: passengers per hour, farebox ratio, subsidy per trip, and on-time performance. LSC will compare actual performance of Atascadero Dial-A-Ride services to the proposed draft standards.

Past Recommendations
The Study Team will review pertinent recent planning documents in order to gain an understanding of the regulatory and institutional context of the study effort. In particular, the most recent SRTP, the Regional Transportation Plan/Sustainable Communities Strategy for San Luis Obispo County, the City of Atascadero General Plan, the most recent two Triennial Performance Audits, Unmet Transit Needs Minutes, and any other documentation of transit needs.

After the completion of Task 1, Technical Memorandum One will be prepared and will include the results of the existing conditions and current services analysis. The document will be produced in Word and Excel and PDF format, with GIS Arcinfo graphics, as appropriate and provided electronically to RTA staff. After sufficient time to review the document, LSC will schedule a conference call to discuss the document with RTA and City staff.

Task 1 Deliverable
Technical Memorandum Number One: Existing Conditions
• Socio-Economic Profile
• Existing Transit Conditions Report with Service Map
• Current Services Evaluation Summary
• Past Recommendations
Task 2 – Service Alternatives and/or Improvements
As part of this task, a wide variety of service alternatives or potential improvements will be analyzed based on work performed thus far, including input from discussion with stakeholders, staff, community members and surveys. Alternatives will be designed to meet the projected needs of the transit system over the next five years. The following information will be provided for each alternative:
• Type of service to be offered.
• Operating characteristics, including service areas, hours of operation, vehicle mileage, ridership, etc.

11 • Ridership impacts, disaggregated by type of rider. In particular, LSC will compare the potential for additional new riders versus the impact of any service modifications on existing ridership.
• Financial characteristics including operating, capital and administrative costs as well as fares, advertising, tax, and other revenues.
• Provisions for meeting elderly and disabled needs in general and the requirements of the ADA in particular.

The first alternative will consider provision of existing services by the RTA. This will use RTA cost models and driver scheduling parameters to define costs of the existing services. We will assume that existing City of Atascadero Dial-A-Ride vehicle assets would be provided to RTA.

We will also review the potential viability and advantages/disadvantages of use of City facilities for vehicle storage, driver check in / check out and vehicle fueling.

Beyond the alternative of RTA operating existing Atascadero Dial-A-Ride services, LSC will evaluate potential service alternatives as follows:
• Conversion to an app-based microtransit service
• Changes to the service area
• Changes in hours of service and provision of Saturday and Sunday service. • Review opportunities for increased coordination with regional transit providers (such as the implementation of more transfer opportunities with RTA).

The alternatives performance analysis will reveal which alternatives are the most cost effective and provide the most mobility for city residents. The qualitative benefits of each alternative will also be considered, such as the benefit of serving a disadvantaged neighborhood even if it does not meet performance standards. This comprehensive analysis will culminate in Technical Memorandum 2: Service Alternatives Analysis.

Next, the Study Team will schedule a virtual meeting to discuss Tech Memo 2 with RTA and City staff and choose preferred alternatives. The presentation will summarize all work performed to this point and make preliminary service plan recommendations.

Task 2 Deliverable
Technical Memorandum Number 2: Service Alternatives Evaluation • Alternatives Analysis
• PowerPoint Presentation

12 Task 3 – Service Plan, Capital Plan, Financial Plan, Marketing Strategies Service Plan
Based on input, LSC will finalize the preferred service plan elements to be included as part of the Five-Year Short Range Transit Plan.

Capital Plan
This task will coincide with and support the findings and recommendations of Task 2 and the recommended Service Plan by identifying the appropriate equipment and facility needs for operating transit services over the plan period, specifically as pertains to recommended service changes. In particular, the capital alternatives will evaluate the:
• Acquisition of vehicles, specific to service recommendations and with consideration for alternative fuels, capacity considerations, ADA considerations, and passenger amenity improvements.
• Replacement of vehicles as needed to maintain a safe and efficient fleet. • Transit operations facility plan defining where specific functions (vehicle storage, vehicle fueling, maintenance and driver reporting) will occur.

Potential funding sources for capital acquisitions will be identified in the Financial Plan section.

Financial Plan
To effectively develop a reliable transit plan, it is necessary to identify future funding sources for the planned service and capital alternatives developed as part of the Short Range Transit Plan. In coordination with City staff, the consultant will prepare a list of funding source assumptions such as Transportation Development Act and Federal Transit Administration (FTA) grant programs for potential City of Atascadero Dial-A-Ride revenues over the short-term. Next, both the operating and capital alternatives will be used to forecast future potential financial requirements of the Short Range Transit Plan. Through an iterative process, differing capital and service improvement plans can be evaluated to ensure that an adequate funding balance is maintained through the life of the plan. This task will result in a fiscally constrained financial plan that includes analyses of revenue and expenditures through 2029. It will include evaluation of aligning fares with other existing RTA fares.

13 At the end of this task, LSC will put together and Technical Memorandum 3: Administrative Draft Report which will include the results of Tasks 1 – 3 including a recommended Service Plan, Capital Plan, Financial Plan and Performance Goals and Standards (Task 1). The document will be provided to City staff in both Microsoft Word and Adobe Acrobat format for easy review and comment.

Task 3 Deliverable
Administrative Draft Report
• Results of Tasks 1 – 3
• Service Plan
• Capital Plan
• Financial Plan
TASK 4 – Five Year Transit Plan
Public Draft Short Range Transit Plan
After sufficient time for review and comment on the Administrative Draft Report by RTA and City Staff, LSC will incorporate comments and prepare a Public Draft version of the report which will include an Executive Summary. The Public Draft Short Range Transit Plan will be available on the internet, distributed to interested stakeholders, as well as presented virtually to City decisionmakers and the RTA Board.

For public review, the report will be posted on the Atascadero website and the RTA website.

The web postings will include links to a www.surveymonkey.com survey questionnaire and comment box, where the public can confidentially provide direct feedback on the Public Draft Plan.

Final Short Range Transit Plan
Once the Draft Short Range Transit Plan has been reviewed by the RTA and City staff, Public Works Advisory Board, interested stakeholders, City Council, and the public, comments will be addressed and the document will be revised as necessary. This will become the Final Short Range Transit Plan. As part of this process, LSC will hold a conference call with RTA and City staff to ensure that the Final Plan fully addresses all input.

14 Task 4 Deliverables
Public Draft Five Year Short Range Transit Plan
Draft Plan PowerPoint Presentation
Final Short Range Transit Plan

COST SUMMARY
abor requirements and detailed cost estimates have been developed for the study Scope of Work. We have estimated the cost of the scope of services at $60,550 for Morro Bay Transit Services as shown in Table 1 and $58,790 for Atascadero Dial-A-Ride as shown in Table 2.

SCHEDULE
Proposed schedules to complete the work plans for the Morro Bay Short-Range Transit Plan and Atascadero Dial-A-Ride Short Range Transit Plan are presented in Tables 3 and 4, respectively.

We are eager to begin work on this important study and look forward to your response to this proposal. We would be happy to provide additional information regarding our past work and qualifications, or to make a formal presentation to your selection committee, at your discretion.

Thank you for the opportunity to present our proposal.

Respectfully Submitted,
LSC Transportation Consultants, Inc.
by ______________________________
Genevieve Evans, AICP, Principal
L

15 TABLE 1: Fee Schedule
Morro Bay Short Range Transit Plan
Principal-In Senior Senior Graphics Clerical
Charge Advisor Planner Planner Support Support Total Total Task Description $265 $250 $145 $125 $95 $85 Hours Cost 1 Existing Conditions
Conduct Virtual Kickoff Meeting 2 2 2 2 0 2 10 $1,740
Existing Transit Conditions 1 1 8 24 8 0 42 $5,435
Current Services Evaluation 2 2 8 32 8 0 52 $6,950
Past Recommendations 2 0 4 4 0 0 10 $1,610
Subtotal 7 5 22 62 16 2 114 $15,735
2 Service Alternatives and/or Improvements
Service Alternatives Analysis 24 8 8 40 12 0 92 $15,660 Subtotal 24 8 8 40 12 0 92 $15,660
3 Service Plan, Capital Plan, Financial Plan
Service Plan 8 4 4 4 12 8 40 $6,020
Capital Plan 4 2 5 0 0 0 11 $2,285
Financial Plan 12 4 0 8 0 0 24 $5,180
Subtotal 24 10 9 12 12 8 75 $13,485
4 Transit Plan
Public Draft Short Range Transit Plan 16 4 24 0 8 8 60 $10,160 Final Short Range Transit Plan 12 1 8 0 4 4 29 $5,310
Subtotal 28 5 32 0 12 12 89 $15,470
Total Hours 83 28 71 114 52 22 370
Total Personnel Cost $21,995 $7,000 $10,295 $14,250 $4,940 $1,870 $60,350 LSC Additional Expenses
Travel (Mileage) $0
Travel Lodging and Meals $0
Printing/Copying $100
Phone/Postage/Delivery $100
Subtotal: Other Expenses $200
Total Study Costs $60,550
Personnel and Hourly Rates Totals

16 TABLE 2: Fee Schedule
Atascadero Short Range Transit Plan
Principal-In Senior Senior Graphics Clerical
Charge Advisor Planner Planner Support Support Total Total Task Description $265 $250 $145 $125 $95 $85 Hours Cost 1 Existing Conditions
Conduct Virtual Kickoff Meeting 2 2 2 2 0 2 10 $1,740
Existing Transit Conditions 1 1 8 24 8 0 42 $5,435
Current Services Evaluation 2 2 8 24 8 0 44 $5,950
Past Recommendations 2 0 4 4 0 0 10 $1,610
Subtotal 7 5 22 54 16 2 106 $14,735
2 Service Alternatives and/or Improvements
Service Alternatives Analysis 24 8 8 40 8 0 88 $15,280
Subtotal 24 8 8 40 8 0 88 $15,280
3 Service Plan, Capital Plan, Financial Plan
Service Plan 8 4 4 4 8 8 36 $5,640
Capital Plan 4 2 5 0 0 0 11 $2,285
Financial Plan 12 4 0 8 0 0 24 $5,180
Subtotal 24 10 9 12 8 8 71 $13,105
4 Transit Plan
Public Draft Short Range Transit Plan 16 4 24 0 8 8 60 $10,160 Final Short Range Transit Plan 12 1 8 0 4 4 29 $5,310
Subtotal 28 5 32 0 12 12 89 $15,470
Total Hours 83 28 71 106 44 22 354
Total Personnel Cost $21,995 $7,000 $10,295 $13,250 $4,180 $1,870 $58,590 LSC Additional Expenses
Travel (Mileage) $0
Travel Lodging and Meals $0
Printing/Copying $100
Phone/Postage/Delivery $100
Subtotal: Other Expenses $200
Total Study Costs $58,790
Personnel and Hourly Rates Totals

17 Task Description
TASK 1 Existing Conditions
TASK 2 Service Alternatives and/
or Improvements
TASK 3 Service Plan, Capital
Plan, Financial Plan
TASK 4 Transit Plan
Meetings KO VM VM
Deliverables TM1 TM2 TM3 DR FR
Meetings/Outreach = KO = Kick Off; VM = Virtual Meetings; Deliverables = TM (Technical Memorandum); AD = Admin Draft; DR = Draft Report; FR = Final Report Apr May June July Aug Sept Oct Nov
Table 3: Morro Bay Short Range Transit Plan Schedule
2025
Feb Mar

18 Task Description
TASK 1 Existing Conditions
TASK 2 Service Alternatives and/ or
Improvements
TASK 3 Service Plan, Capital Plan,
Financial Plan
TASK 4 Transit Plan
Meetings KO VM VM
Deliverables TM1 TM2 TM3 DR FR
Meetings/Outreach = KO = Kick Off; VM = Virtual Meetings; Deliverables = TM (Technical Memorandum); AD = Admin Draft; DR = Draft Report; FR = Final Report Oct Nov
Table 4: Atascadero Short-Range Transit Plan Schedule
2025
Feb Mar Apr May June July Aug Sept

Prepared By: CM Dept Review: GK
City Manager Review: YK City Attorney Review: RWS
Staff Report
TO: Honorable Mayor and City Council DATE: January 6, 2025 FROM: Damaris Hanson, Acting Public Work Director
Carlos Mendoza, Maintenance Division Manager
SUBJECT: Adopt Resolution No. 02-25 Authorizing the City Manager to Execute an Agreement with the California Department of Corrections and Rehabilitation for Inmate Work Crews

RECOMMENDED ACTION
Adopt Resolution No. 02-25 authorizing the City Manager to execute an agreement with the California Department of Corrections and Rehabilitation for inmate work crews.

FISCAL IMPACT
Yearly budgeted amounts range from $9,000-$20,000, which falls within the Public Works Department FY24-25 Operating Budget.

BACKGROUND
The California Department of Corrections and Rehabilitation (CDCR) offers a unique program to assign inmate work crews comprised of qualified inmates to perform maintenance work in partnership with outside agencies under certain circumstances.

Generally, inmate work crews may provide general clean-up and other activities mutually agreed upon, such as graffiti and litter removal, painting, weed abatement, miscellaneous landscaping work, etc. During work assignments, the work is overseen by City maintenance staff and the inmates are overseen by CDCR. Utilization of inmate work crews for maintenance tasks enhances Public Works Maintenance capacity. The City has contracted with the CDCR for inmate work crews from the California Men’s Colony under this program for over thirty years.

DISCUSSION
Since the last agreement between the City and CDCR, CDCR has implemented a more formal process that now requires a Council resolution authorizing the City Manager to enter into the agreement. The attached Resolution No. 02-25 has been prepared to authorize the execution of the agreement with CDCR for inmate work crews. Upon execution by the City AGENDA NO: 7.e
MEETING DATE: January 14, 2025

Manager and CDCR, this agreement would be retroactive to July 1, 2024, and end on June 30, 2028.

CONCLUSION
Staff recommends the Council adopt Resolution No. 02-25.

ATTACHMENTS

1. Resolution No. 02-25

2. Agreement with CDCR Men’s Colony

RESOLUTION NO. 02-25

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY, CALIFORNIA

AUTHORIZING THE CITY MANAGER TO EXECUTE

AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF CORRECTIONS

AND REHABILITATION FOR INMATE WORK CREWS

T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City of Morro Bay has, for the past thirty-four years, utilized work crews from the California Men’s Colony to provide general clean-up and other activities mutually agreed upon; and
WHEREAS, the City of Morro Bay desires to continue to contract for such services; and WHEREAS, to continue those services, the City of Morro Bay and the California Department of Corrections and Rehabilitation wish to enter into a new four-year term agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows:

1. The City Council approves entering into a new agreement (the “Agreement”) effective, July 1, 2024 through June 30, 2028 with the California Department of Corrections and Rehabilitation for Inmate Community Service Work Crews in an annual amount not to exceed the annual allocation of funds approved by the City Council for this activity in each fiscal year during the term of the Agreement.

2. The City Manager, or his or her designee, is authorized to execute the Agreement and any related documents on behalf of the City.

PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on this 14th day of January 2025 on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:

CARLA WIXOM, Mayor
ATTEST:

DANA SWANSON, City Clerk

2. The term of this Agreement is:

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

INMATE COMMUNITY SERVICE WORK CREWS
(Reimbursement)

1. INTRODUCTION/SERVICE
The California Department of Corrections and Rehabilitation (CDCR), California Men’s Colony (CMC) located at Highway #1, San Luis Obispo, CA 93409 shall provide inmate community service work crews to perform community crew services for City of Morro Bay owned properties effective July 1, 2024 to June 30, 2028. The City of Morro Bay, located at 595 Harbor St, Morro Bay, California 93442, is the recipient of the services and is known herein as “Contractor”.

This contract shall provide a meaningful, useful, and manageable work program as part of the work incentive of inmates at CMC to render a public service. Under no circumstances are inmates or CDCR employees to be considered employees or agents of the City during the term of their assignment to projects.

Services to be provided by CDCR inmate work crews shall consist of the following but not limited to:

Graffiti removal
Litter removal
Painting
Streambed maintenance
Community event clean-up
Weed abatement
Miscellaneous landscaping work
Pruning trees and shrubs
General clean-up, and other activities mutually agreed upon.

2. CONTRACTOR RESPONSIBILITIES
a. Designate a Project Coordinator (PC) representative for each assignment project who will assist and give instructions and technical supervision for each project performed by inmates, as well as deadlines for projects, if applicable. b. Ensure inmate work crews are not used in lieu of paid staff or in violation of the Public Contract Code(s).
c. Ensure that there is no commingling of inmate crews with the public or Contractor staff other than the immediate technical direction by Contractor to ensure quality control of the work to be performed.
d. Provide training to inmate crews in all safety procedures and a safe working environment. CDCR realizes and acknowledges that the performance of work in and around the work sites can be hazardous and that injuries to workers can occur which cannot be reasonably avoided by any of the parties hereto. However, the Contractor

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

agrees not to assign any inmate work crews to work in any area which the Contractor knows to be unsafe or in a dangerous condition.
e. Provide assignments and necessary equipment, materials, plans, technical guidance, and supplies as necessary for all projects to be completed except when agreed upon in advance that CDCR will furnish all or part. Provide any special clothing and/or safety equipment required in addition to what CDCR provides.
f. Provide any heavy equipment necessary for the completion of projects and personnel to operate the heavy equipment.
g. Maintain all equipment in good working condition. The cost of equipment, materials, and supplies will be at the sole expense of the Contractor. h. Ensure that all equipment necessary to complete project is delivered to the worksite. i. Provide traffic control and adequate equipment/materials (i.e. barricades, cones and signs, etc.) to ensure safety of all workers.
j. Provide portable toilets on or adjacent to the worksite. k. Report all disputes/concerns from the community, labor unions and contractor staff.

Contractor shall inform the Contract Manager within seven (7) days in writing. l. Contractor staff working in and around inmates will be familiar with the laws, rules and regulations governing conduct in associating with prison inmates. A summary of the law, rules, and regulations is attached as Exhibit D, Item 27. Contractor is responsible for ensuring employees adhere to the laws, rules and regulations relating to inmates. m. Contractor will provide an area within their jurisdiction, wherein equipment, tools and supplies are stored for use by the Off Reservation Work Detail (ORWD) work crews.

These areas will provide reasonable security from public intrusion and/or access by unauthorized persons. These areas will be available for routine search and inspection by CDCR during business hours and with reasonable notification to the Contractor, during non-business hours.

3. CDCR RESPONSIBILITIES
a. Assign qualified custodial qualified inmate workers to perform general labor on the properties under the jurisdiction of the Contractor. Under no circumstances will said work crew be used on public works projects requiring skilled labor or projects requiring public bidding.

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

b. Reject any project that could jeopardize the use of inmate laborers or bring undue criticism to the use of this resource.
c. Maintain, through proper classification procedures, a list of approved inmate to be utilized as off-reservation work detail workers.
d. Determine the quantity of inmates that will be committed to a specific work site based on safety/security factors. Inmate work crew size will be determined by CDCR. e. Be responsible for maintaining a daily log and control of all tools, equipment and fuel assigned to the inmate work crew. All tools must be accounted for at the end of each day.
f. Provide custody supervision for the discipline, security, control, welfare and safety of inmates, contractor staff and the general public.
g. Bear any obligations to provide worker’s compensation insurance to the assigned inmate workers and custody staff to the extent that such obligations may apply, except as specified by law (Section 3370-3371, Labor Code).
h. Perform all necessary paperwork including but not limited to, hours worked, department served, travel logs, and invoicing for services.
i. Provide transportation of inmate work crews to the worksite and for their return to CMC at the end of each workday.
j. Provide gloves and protection coveralls for the inmate work crews. Provide inmates with all personal protective equipment and/or safety gear for each project as necessary. The CDCR will provide first aid kits as required by the Division of Occupational Safety and Health (CAL/OSHA).
k. Ensure the inmate work crew wears all safety equipment provided at all times. The Contractor is responsible for instructing which safety item must be worn at the worksite. l. To provide sack lunches for inmates at the work project. m. Temporarily suspend work on any project without prior notification based on unforeseen custodial or situational circumstances. Written notification will be given if suspension will exceed 24 hours. Contractor agrees that scheduled work crew activities may be delayed and/or cancelled as a result of CMC security issues such as lockdowns and/or inclement weather that poses a security hazard such as fog. The CDCR shall not be liable for any delay.

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

n. Ensure that inmate work crews shall not be assigned project work on or adjacent to private or public school grounds, day care centers, etc. while in session. o. Ensure that inmate work crews shall not operate any tools, equipment, or motorized vehicles that they have not been trained or authorized to use. p. Ensure inmate workers are not allowed to operate any mobile equipment on a public road, except in extreme emergency, and must report such instance to the inmate work crew supervisor immediately following the emergency as outlined in the California Code of Regulations, Title 215, and Section 3408, VEHICLES.

4. LIABILITY
a. Neither Contractor, nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CDCR under or in connection with any work, authority or jurisdiction not delegated to Contractor under this Agreement. It is also agreed that, pursuant to Government Code (GC) Section 895.4, CDCR will fully indemnify and hold Contractor harmless for any liability imposed for injury (as defined by GC Section 810.8) occurring by reason of anything done or omitted to be done by CDCR under or in connection with any work not delegated to Contractor under this Agreement.
b. Neither CDCR, nor any officer or employee thereof will be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Contractor under this Agreement. It is also agreed that, pursuant to GC Section 895.4, Contractor shall fully indemnify and hold CDCR harmless for any liability imposed for injury (as defined by GC Section 810.8) occurring by reason of anything done or omitted to be done by Contractor under or in connection with any work not delegated to CDCR under this Agreement.
c. Nothing in this Agreement is intended to, nor shall operate so as to abrogate any legal immunity afforded either CDCR or Contractor, including, but not limited to, immunities provided by GC Sections 844.6, 845.8, or similar such immunities afforded under law. d. It is understood that the contractual relationship of CDCR and City is that of independent Contractor. The agents and employees of CDCR on assignment to Contractor are not, and shall not be considered employees or agents of Contractor.

5. WORK SCHEDULE
Upon mutual agreement by both parties, inmate crews and custodial staff shall be provided to the Contractor between the hours of 7:30 a.m. and 3:30 p.m. up to four (4) days per week, Monday through Thursday. Except in cases of emergency, there shall be no project work on

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

Friday, Saturday, Sunday or those holidays defined in GC Section 6700 through 6705 as designated holidays for state employees. Work schedule shall commence and end at CMC.

The maximum hours allowed per day for custody staff and inmate workers is nine (9) hours.

6. DISCIPLINE
Discipline of the inmate workers is the sole responsibility of CDCR staff. Contractor, whenever possible, assists Correctional Officers in control of inmate in emergency situations on work locations under the guidance of custody staff. Contractor personnel shall report through established channels all acts of inmate workers contrary to law, regulations, or City rules.

7. ACCIDENT/DAMAGES
Damage caused to the Contractor’s equipment due to abuse, unauthorized alterations, misuse, use of unauthorized agents, vandalism or negligence by the State or its officers, agents, employees, or CDCR inmates, shall be paid for by CDCR except on a time and material basis. Such repairs will be performed by the Contractor.

8. ADDITIONAL TERMS
In the event of a conflict between the terms and conditions as set forth in this Scope of Work and the terms and conditions set forth in other exhibits, the terms and conditions set forth in the Scope of Work shall prevail/control.

9. NOTICES
Notices (correspondence) to be given between the parties shall be in writing. Addresses are as follows:

Public Information Officer
Lt. Trad Eilers
California Men’s Colony
P.O. Box 8101
San Luis Obispo, CA 93409
Phone Number: (805) 547-7948
California Men’s Colony Contract Liaison
Anthony Starry, Business Services Officer I
California Men’s Colony
P.O. Box 8101
San Luis Obispo, CA 93409
Phone Number: (805) 547-7950
[email protected]

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

Correspondence Contact:

City of Morro Bay
Clem, Facilities Lead Worker
955 Shasta Avenue
Morro Bay, CA 93442
Phone Number: (805) 540-9561
@morrobayca.gov

10. CDCR
Should questions or problems arise during the term of this contract, the Contractor should contact the following offices:
 Reimbursement/Payment Issues:

Accounting Services Branch-Rancho Cucamonga
Phone Number: (909) 483-1545
[email protected]
 Scope of Service/Performance Issues:

Public Information, Contract Manager
Phone Number: (805) 547-7950
[email protected]
 General Contract Issues:

Office of Business Services
Contracts Management Branch
Phone Number: (279) 210-3438
Email: [email protected]

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions for Reimbursements Rev. 12/2023

1. Invoicing and Payment (reimbursement contracts)
a. The CDCR will submit an Invoice to the Contractor, by the 10th day of each month for the preceding month’s services; based on the rates specified in Exhibit B-1, Rate Sheet, which is attached hereto and made part of this Agreement. b. Invoices will be due within thirty (30) days of the statement date and shall be remitted to the appropriate CDCR Accounting office below:

California Department of Corrections and Rehabilitation (CDCR) ASB – Rancho Cucamonga
Attention: Accounts Receivable
PO Box 6000
Rancho Cucamonga, CA 91729-6000

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit B-1 Rate Sheet
1 INMATE COMMUNITY SERVICE WORK CREWS
(Reimbursement)

Contractor shall reimburse CDCR monthly in arrears, as follows:

Correctional Officer Reimbursement* $700.00 Per day
Correctional Officer Reimbursement (three (3) hours or less)* $350.00 Per day Crew Inmate $2.25 Per day
Leadman Inmate $3.00 Per day
Mileage Reimbursement $1.80 Per mile
*This amount may increase per contract negotiations at any time during the agreement term.* Any changes to the Correctional Officer reimbursement rate as a result of the contract negotiations will require a formal amendment to the contract.

Effective January 1, 2017, the reimbursement authority for guarding costs will be based upon actual salary (including pay differentials) plus benefits incurred for the officer providing this assignment. If the officer providing this assignment is performing an overtime shift, then the officer’s overtime pay will be reimbursed. This will ensure appropriate reimbursement, thereby assisting with accountability and cost-containment measures.

CMC will submit a detailed statement to Contractor each month which sets forth days, hours per day worked, miles traveled to and from CMC and number of inmates in the workforce assigned to Contractor in the month immediately preceding. CMC will add 30% to the monthly statement to the Contractor (10% to be placed in the Inmate Welfare Fund plus 20% for administrative costs).

Contractor will pay said statement within twenty (20) days after receipt thereof.

CMC shall have sole responsibility for disbursement of these payments to the personnel involved.

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 08/2024

1. Contract Disputes with Public Entities (Supersedes provision number 6, Disputes, of Exhibit C)
As a condition precedent to Contractor’s right to institute and pursue litigation or other legally available dispute resolution process, if any, Contractor agrees that all disputes and/or claims of Contractor arising under or related to the Agreement shall be resolved pursuant to the following processes. Contractor’s failure to comply with said dispute resolution procedures shall constitute a failure to exhaust administrative remedies.

Pending the final resolution of any such disputes and/or claims, Contractor agrees to diligently proceed with the performance of the Agreement, including the delivering of goods or providing of services. Contractor’s failure to diligently proceed shall constitute a material breach of the Agreement.

The Agreement shall be interpreted, administered, and enforced according to the laws of the State of California. The parties agree that any suit brought hereunder shall have venue in Sacramento, California, the parties hereby waiving any claim or defense that such venue is not convenient or proper.

A county, city, district or other local public body, state board or state commission, another state or federal agency, or joint-powers authority shall resolve a dispute with CDCR, if any, through a meeting of representatives from the entities affected. If the dispute cannot be resolved to the satisfaction of the parties, each entity may thereafter pursue its right to institute litigation or other dispute resolution process, if any, available under the laws of the State of California.

2. Confidentiality of Data
All financial, statistical, personal, technical and other data and information relating to State’s operation, which are designated confidential by the State and made available to carry out this Agreement, or which become available to the Contractor in order to carry out this Agreement, shall be protected by the Contractor from unauthorized use and disclosure.

If the methods and procedures employed by the Contractor for the protection of the Contractor’s data and information are deemed by the State to be adequate for the protection of the State’s confidential information, such methods and procedures may be used with the written consent of the State. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data already rightfully in the Contractor’s possession that is independently developed by the Contractor outside the scope of the Agreement or is rightfully obtained from third parties.

No reports, information, inventions, improvements, discoveries, or data obtained, repaired, assembled, or developed by the Contractor pursuant to this Agreement shall be released, published, or made available to any person (except to the State) without prior written approval from the State.

Contractor by acceptance of this Agreement is subject to all of the requirements of California Government Code Section 11019.9 and California Civil Code Sections 1798, et seq., regarding the collection, maintenance, and disclosure of personal and confidential information about individuals.

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 08/2024

3. Accounting Principles
The Contractor will adhere to generally accepted accounting principles as outlined by the American Institute of Certified Public Accountants. Dual compensation is not allowed; a contractor cannot receive simultaneous compensation from two or more funding sources for the same services performed even though both funding sources could benefit.

4. Taxes
Unless required by law, the State of California is exempt from federal excise taxes.

5. Right to Terminate (Supersedes provision number 7, Termination for Cause, of Exhibit C) The parties hereto agree that either party may cancel this Agreement by giving the other party written notice thirty (30) days in advance of the effective date of such cancellation. In the event of such termination, the State agrees to pay Contractor for actual services rendered up to and including the date of termination.

The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

6. Contract Suspension
Notwithstanding any other provisions of this Agreement, pursuant to a Governor’s Executive Order or equivalent directive, such as a court order or an order from a federal or state regulatory agency, mandating the suspension of state contracts, the State may issue a Suspension of Work Notice. The Notice shall identify the specific Executive Order or directive and the Agreement number(s) subject to suspension. Unless specifically stated otherwise, all performance under the Agreement(s) must stop immediately upon receipt of the Notice. During the period of contract suspension, Contractor is not entitled to any payment for the suspended work. Once the order suspending state contracts has been lifted, a formal letter from the Department will be issued to the Contractor to resume work.

7. Extension of Term
When it is determined to be in the best interest of the State, this Agreement may be amended to extend the term at the rates agreed upon by CDCR and the Contractor.

8. Contractor Employee Misconduct
During the performance of this Agreement, it shall be the responsibility of the Contractor whenever there is an incident of use of force or allegation(s) of employee misconduct associated with and directly impacting incarcerated individual and/or parolee rights, to immediately notify the CDCR of the incident(s), to cause an investigation to be conducted, and to provide CDCR with all relevant information pertaining to the incident(s). All relevant information includes, but is not limited to: a) investigative reports; b) access to incarcerated

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 08/2024

individuals/parolees and the associated staff; c) access to employee personnel records; d) that information reasonably necessary to assure CDCR that incarcerated individuals and/or parolees are not or have not been deprived of any legal rights as required by law, regulation, policy and procedures; and e) written evidence that the Contractor has taken such remedial action, in the event of unnecessary or excessive force, or employee misconduct with incarcerated individuals and/or parolees, as will assure against a repetition of incident(s) or retaliation. To the extent that the information provided by the Contractor fails to so assure CDCR, CDCR may require that any implicated Contractor staff be denied access to and the supervision of CDCR incarcerated individuals and/or parolees at the facility and access to incarcerated individual and/or parolee records. Notwithstanding the foregoing, and without waiving any obligation of the Contractor, CDCR retains the power to conduct an independent investigation of any incident(s). Furthermore, it is the responsibility of the Contractor to include the foregoing terms within any and all subcontracts, requiring that subcontractor(s) agree to the jurisdiction of CDCR to conduct an investigation of their facility and staff, including review of subcontractor employee personnel records, as a condition of the Agreement.

9. Subcontracting
Services provided are to be performed primarily with the staff of the public entity or, in the case of educational institutions, auxiliaries or foundations, by the faculty, staff or students associated with the particular institution. Agreements are not to be used by state agencies to circumvent the competitive bidding requirements of Public Contract Code Section 10340.

If more that twenty-five (25) percent of the total contract amount or $50,000.00, whichever is less, is subcontracted, non-competitive bid approval must be obtained from the Secretary of CDCR and the Department of General Services prior to the commencement of services, unless the subcontract was competitively bid or the subcontractor(s) also qualifies as a state agency, governmental agency, or joint power.

10. Subcontractor/Consultant Information
Contractor is required to identify all subcontractors and consultants who will perform labor or render services in the performance of this Agreement. Additionally, the Contractor shall notify the Department of Corrections and Rehabilitation, Office of Business Services, in writing, within ten (10) working days, of any changes to the subcontractor and/or consultant information.

11. Liability for Nonconforming Work
The Contractor will be fully responsible for ensuring that the completed work conforms to the agreed upon terms. If nonconformity is discovered prior to the Contractor’s deadline, the Contractor will be given a reasonable opportunity to cure the nonconformity. If the nonconformity is discovered after the deadline for the completion of the project, CDCR, in its sole discretion, may use any reasonable means to cure the nonconformity. The Contractor shall be responsible for reimbursing CDCR for any additional expenses incurred to cure such defects.

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 08/2024

12. Temporary Nonperformance
If, because of mechanical failure or for any other reason, the Contractor shall be temporarily unable to perform the work as required, the State, during the period of the Contractor’s inability to perform, reserves the right to accomplish the work by other means and shall be reimbursed by the Contractor for any additional costs above the Agreement price.

13. Contract Violations
The Contractor acknowledges that any violation of Chapter 2, or any other chaptered provision of the Public Contract Code (PCC), is subject to the remedies and penalties contained in PCC Sections 10420 through 10425.

14. Employment of Ex-Offenders
Contractor cannot and will not either directly, or on a subcontract basis, employ in connection with this Agreement:
a. Ex-Offenders on active parole or probation, who have been on active parole or probation during the last three years preceding their employment;

1. Contractor shall only employ ex-offenders who can provide written evidence of having satisfactorily completed parole or probation, and who have remained off parole or probation, and have had no arrests or convictions within the past three years. b. Ex-offenders convicted of drug trafficking in a prison/jail; escape or aiding/abetting escape; battery on a Peace Officer or Public Official; arson offenses; or, any violations of Penal Code Sections 4570-4574 (unauthorized Communications with Prisons and Prisoners Offenses).
c. Ex-Offenders are required to register as a sex offender pursuant to Penal Code Section 290.
d. Any ex-offender who has an offense history involving a “violent felony” as defined in subparagraph (c) of Penal Code Section 667.5; or
e. Any ex-offender in a position which provides direct supervision of parolees.

An ex-offender whose assigned duties involve administrative or policy decision-making, accounting, procurement, cashiering, auditing, or any other business-related administrative function shall be fully bonded to cover any potential loss to the State or contractor. Evidence of such bond shall be supplied to CDCR prior to employment of the ex-offender.

15. Conflict of Interest
The Contractor and their employees shall abide by the provisions of Government Code (GC) Sections 1090, 81000 et seq., 82000 et seq., 87100 et seq., and 87300 et seq., Public Contract Code (PCC) Sections 10335 et seq. and 10410 et seq., California Code of Regulations (CCR), Title 2, Section 18700 et seq. and Title 15, Section 3409, and the Department Operations Manual (DOM) Section 31100 et seq. regarding conflicts of interest.

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 08/2024

a. Contractors and Their Employees
Consultant contractors shall file a Statement of Economic Interests, Fair Political Practices Commission (FPPC) Form 700 prior to commencing services under the Agreement, annually during the life of the Agreement, and within thirty (30) days after the expiration of the Agreement. Other service contractors and/or certain of their employees may be required to file a Form 700 if so requested by the CDCR or whenever it appears that a conflict of interest may be at issue. Generally, service contractors (other than consultant contractors required to file as above) and their employees shall be required to file an FPPC Form 700 if one of the following exists:
(1) The Agreement service has been identified by the CDCR as one where there is a greater likelihood that a conflict of interest may occur; (2) The Contractor and/or Contractor’s employee(s), pursuant to the Agreement, makes or influences a governmental decision; or
(3) The Contractor and/or Contractor’s employee(s) serves in a staff capacity with the CDCR and in that capacity participates in making a governmental decision or performs the same or substantially all the same duties for the CDCR that would otherwise be performed by an individual holding a position specified in the CDCR’s Conflict of Interest Code.
b. Current State Employees
(1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
(2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. (3) In addition to the above, CDCR officials and employees shall also avoid actions resulting in or creating an appearance of:
(a) Using an official position for private gain;
(b) Giving preferential treatment to any particular person; (c) Losing independence or impartiality;
(d) Making a decision outside of official channels; and (e) Affecting adversely the confidence of the public or local officials in the integrity of the program.
(4) Officers and employees of the Department must not solicit, accept or receive, directly or indirectly, any fee, commission, gratuity or gift from any person or business organization doing or seeking to do business with the State. c. Former State Employees
(1) For the two year (2-year) period from the date he or she left state employment, no former state officer or employee may enter into an Agreement in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the Agreement while employed in any capacity by any state agency.
(2) For the twelve-month (12-month) period from the date he or she left state employment, no former state officer or employee may enter into an Agreement with any state agency if he or she was employed by that state agency in a policymaking position in the same general subject area as the proposed Agreement within the 12-month period prior to his or her leaving state service.

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 08/2024

In addition to the above, the Contractor shall avoid any conflict of interest whatsoever with respect to any financial dealings, employment services, or opportunities offered to incarcerated individuals or parolees. The Contractor shall not itself employ or offer to employ incarcerated individuals or parolees either directly or indirectly through an affiliated company, person or business unless specifically authorized in writing by CDCR. In addition, the Contractor shall not (either directly, or indirectly through an affiliated company, person or business) engage in financial dealings with incarcerated individuals or parolees, except to the extent that such financial dealings create no actual or potential conflict of interest, are available on the same terms to the general public, and have been approved in advance in writing by CDCR. For the purposes of this paragraph, “affiliated company, person or business” means any company, business, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind which has any ownership or control interest whatsoever in the Contractor, or which is wholly or partially owned (more than 5% ownership) or controlled (any percentage) by the Contractor or by the Contractor’s owners, officers, principals, directors and/or shareholders, either directly or indirectly. “Affiliated companies, persons or businesses” include, but are not limited to, subsidiary, parent, or sister companies or corporations, and any company, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind that is wholly or partially owned or controlled, either directly or indirectly, by the Contractor or by the Contractor’s owners, officers, principals, directors and/or shareholders.

The Contractor shall have a continuing duty to disclose to the State, in writing, all interests and activities that create an actual or potential conflict of interest in performance of the Agreement.

The Contractor shall have a continuing duty to keep the State timely and fully apprised in writing of any material changes in the Contractor’s business structure and/or status. This includes any changes in business form, such as a change from sole proprietorship or partnership into a corporation or vice-versa; any changes in company ownership; any dissolution of the business; any change of the name of the business; any filing in bankruptcy; any revocation of corporate status by the Secretary of State; and any other material changes in the Contractor’s business status or structure that could affect the performance of the Contractor’s duties under the Agreement.

If the Contractor violates any provision of the above paragraphs, such action by the Contractor shall render this Agreement void.

Members of boards and commissions are exempt from this section if they do not receive payment other than payment for each meeting of the board or commission, payment for preparatory time and payment for per diem.

16. Compliance with Legal Requirements
The Contractor shall be aware of and comply with all Federal and State statutes, rules, regulations, and CDCR policies and directives (“CDCR Policies”) applicable to the Contract.

CDCR policies shall include, but are not limited to the Department Operations Manual (DOM), California Code of Regulations Title 15, any policy memoranda issued by the CDCR Secretary or jointly with the Receiver, California Correctional Health Care Services (CCHCS), and any similar department-wide guidance that may be issued by proper

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 08/2024

authority, of which the Contractor has been informed by CDCR or has been published on the CDCR public internet web site, CDCR.ca.gov.

17. Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

18. GenAI Technology Use & Reporting
During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors.  Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology. At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract.  The State is entitled to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable level of risk to the State.

19. Travel
Contractor’s rates shall include all travel expenses required to perform services in accordance with this contract.

20. Notification of Personnel Changes
Contractor must notify the State, in writing, of any changes of those personnel allowed access to State premises for the purpose of providing services under this Agreement. In addition, Contractor must recover and return any State-issued identification card provided to Contractor’s employee(s) upon their departure or termination.

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 08/2024

21. Security Clearance/Fingerprinting
The State reserves the right to conduct fingerprinting and/or security clearance—through the Department of Justice, Bureau of Criminal Identification and Information (BCII)—prior to award and at any time during the term of the Agreement, in order to permit Contractor (and/or Contractor employee) access to State premises. The State further reserves the right to terminate the Agreement should a threat to security be determined.

22. Computer Software
Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws.

23. Expendable Equipment
Expendable equipment is defined as expendable items which change with use and have a unit acquisition cost of less than $5,000 per unit (i.e. fax machines, computers, printers, etc.). Title to any expendable equipment purchased or built with State funds as part of this agreement will vest in the State. The Contractor must retain a listing of expendable equipment purchases that are considered “theft-sensitive” items, such as cameras, calculators, two-way radios, computer equipment, etc., for audit purposes. Upon completion or termination of the agreement, Contractors are required to leave all expendable equipment for use by subsequent contractors or for the State to dispose of accordingly. The State may authorize the continued use of such equipment for work to be performed under a different agreement.

The cost of expendable equipment purchased should be comparable to the prevailing price for similar items in the surrounding area.

24. Electronic Waste Recycling
The Contractor certifies that it complies with the requirements of the Electronic Waste Recycling Act of 2003, Chapter 8.5, Part 3 of Division 30, commencing with Section 42460 of the Public Resources Code, relating to hazardous and solid waste. Contractor shall maintain documentation and provide reasonable access to its records and documents that evidence compliance.

25. Liability for Loss and Damages
Any damages by the Contractor to the State’s facility including equipment, furniture, materials or other State property, will be repaired or replaced by the Contractor to the satisfaction of the State at no cost to the State. The State may, at its option, repair any such damage and deduct the cost thereof from any sum due Contractor under this Agreement.

26. Disclosure
Neither the State nor any State employee will be liable to the Contractor or its staff for injuries inflicted by incarcerated individuals or parolees of the State. The State agrees to disclose to the Contractor any statement(s) known made by any incarcerated individual or parolee

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 08/2024

which indicate violence may result in any specific situation, and the same responsibility will be shared by the Contractor in disclosing such statement(s) to the State.

27. Additional Disclosure
Neither the State nor any State employee will be liable to the Contractor or its staff for any injuries caused by exposure to any blood borne pathogens, aerosol transmissible diseases, or communicable diseases. Contractor agrees that it shall comply fully with all applicable Cal/OSHA regulations concerning protection of the Contractor’s employees from diseases; including Title 8, California Code of Regulations section 5193 (Blood Borne Pathogens), and Title 8, section 5199 (Aerosol Transmissible Diseases). Contractor agrees to indemnify, defend, and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any of the Contractor’s employees arising out of exposure to any blood borne pathogen, aerosol transmissible disease, or communicable disease during the Contractor’s performance of the Agreement.

28. Workers’ Compensation
Contractor hereby represents and warrants that Contractor is currently and shall, for the duration of this agreement, carry workers’ compensation insurance, at Contractor’s expense, or that it is self-insured through a policy acceptable to CDCR, for all of its employees who will be engaged in the performance of this agreement. Such coverage will be a condition of CDCR’s obligation to pay for services provided under this agreement.

Prior to approval of this agreement and before performing any work, Contractor shall furnish to the State evidence of valid workers’ compensation coverage. Contractor agrees that the workers’ compensation insurance shall be in effect at all times during the term of this agreement. In the event said insurance coverage expires or is canceled at any time during the term of this agreement, Contractor agrees to give at least thirty (30) days prior notice to CDCR before said expiration date or immediate notice of cancellation. Evidence of coverage shall not be for less than the remainder of the term of the agreement or for a period of not less than one year. The State reserves the right to verify the Contractor’s evidence of coverage. In the event the Contractor fails to keep workers’ compensation insurance coverage in effect at all times, the State reserves the right to terminate this agreement and seek any other remedies afforded by the laws of this State.

Contractor also agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all of Contractor’s workers’ compensation claims and losses by Contractor’s officers, agents and employees related to the performance of this agreement.

29. Insurance Requirements
Insurance as required herein shall be a condition of the State’s obligation to pay for services provided under this Agreement. Prior to approval of this Agreement and before performing any work, Contractor and any subcontractor shall furnish to the State evidence of valid coverage. The following shall be considered evidence of coverage: A certificate of insurance, a “true and certified” copy of the policy, or any other proof of coverage issued by Contractor’s insurance carrier. Binders are not acceptable as evidence of coverage.

Providing evidence of coverage to the State conveys no rights or privileges to the State, nor

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 08/2024

does it insure any State employee or insure any premises owned, leased, used by or otherwise or under the control of the State. It does, however, serve to provide the State with proof that the Contractor and any subcontractors are insured at the minimum levels required by the State of California.

Contractor agrees that any liability insurance required in the performance of this Agreement shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires or is canceled during the term of this Agreement, Contractor shall provide the State within five (5) business days of receipt by contractor a copy of any notice of cancellation or non-renewal of insurance required by the contract. Evidence of coverage required in the performance of this Agreement shall not be for less than the remainder of the term of this Agreement or for a period of not less than one year. The State and the Department of General Services (DGS) reserve the right to verify the Contractor’s evidence of coverage; evidence of coverage is subject to the approval of the DGS. In the event the Contractor fails to keep insurance coverage as required herein in effect at all times, the State reserves the right to terminate this Agreement and to seek any other remedies afforded by the laws of the State of California.

Contractor hereby represents and warrants they (and any subcontractors) are currently and shall for the duration of this Agreement be insured. Contractor shall provide proof of selfinsurance against:
 All self-insured public entities MUST provide proof of self-insurance as specified under the Agreement.

30. Tuberculosis (TB) Testing
In the event that the services required under this Agreement will be performed within a CDCR institution/parole office/community-based program, Contractors and their employees who are assigned to work with, near, or around incarcerated individuals/parolees shall be required to be examined and tested or medically evaluated by a licensed healthcare provider for TB in an infectious or contagious stage prior to the performance of contracted duties, and at least once a year thereafter (within 12 months of their initial or previous TB test under this contract), or more often as directed by CDCR.

Contractors and their employees who have any contact (physical or nonphysical) with incarcerated individuals/parolees, shall be required to furnish to the CDCR Program/Institution Contract Manager, at no cost to CDCR, a documented Tuberculosis (TB) evaluation/test for TB infection (Tuberculin Skin Test (TST) or a blood test Interferon Gamma Release Assay (IGRA) completed within (30) thirty days of the start date of the services and be certified to be free of TB in an infectious or contagious stage by a licensed healthcare provider prior to assuming their contracted duties and annually thereafter.

The following provisions apply to services provided on departmental and/or institution grounds:

31. Blood borne Pathogens
Provider shall adhere to California Division of Occupational Safety and Health (CAL-OSHA) regulations and guidelines pertaining to blood borne pathogens.

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 08/2024

32. Primary Laws, Rules, and Regulations Regarding Conduct and Association with State Prison incarcerated individuals and Division of Juvenile Justice Wards Individuals who are not employees of the California Department of Corrections and Rehabilitation (CDCR), but who are working in and around incarcerated individuals who are incarcerated, or wards who are housed within California’s institutions/facilities or camps, are to be apprised of the laws, rules and regulations governing conduct in associating with prison incarcerated individuals or wards. The following is a summation of pertinent information when non-departmental employees come in contact with prison incarcerated individuals or wards.

By signing this contract, the Contractor agrees that if the provisions of the contract require the Contractor to enter an institution/facility or camp, the Contractor and any employee(s) and/or subcontractor(s) shall be made aware of and shall abide by the following laws, rules and regulations governing conduct in associating with prison incarcerated individuals or wards:
a. Persons who are not employed by CDCR, but are engaged in work at any institution/facility or camp must observe and abide by all laws, rules and regulations governing the conduct of their behavior in associating with prison incarcerated individuals or wards. Failure to comply with these guidelines may lead to expulsion from CDCR institutions/facilities or camps.

SOURCE: California Penal Code (PC) Sections 5054 and 5058; California Code of Regulations (CCR), Title 15, Sections 3285 and 3415, and California Welfare and Institutions Code (WIC) Section 1712.
b. CDCR does not recognize hostages for bargaining purposes. CDCR has a “NO HOSTAGE” policy and all prison incarcerated individuals, wards, visitors, and employees shall be made aware of this.

SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3304 and Title 9, Section 30936; WIC
Section 1712.
c. All persons entering onto institution/facility or camp grounds consent to search of their person, property or vehicle at any time. Refusal by individuals to submit to a search of their person, property, or vehicle may be cause for denial of access to the premises.

SOURCE: PC Sections 2601, 5054 and 5058; CCR, Title 15, Sections 3173, 3177, 3288, and Title 9, Sections 30275 and 30958: WIC 1712.
d. Persons normally permitted to enter an institution/facility or camp may be barred, for cause, by the CDCR Director, Warden, and/or Regional Parole Administrator.

SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3176 (a) and Title 9, Section 30275; WIC Section 1712.
e. It is illegal for an individual who has been previously convicted of a felony offense to enter into CDCR adult institutions/facilities or camps, or youth institutions/facilities or camps in the nighttime, without the prior approval of the Warden or officer in charge.

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 08/2024

It is also illegal for an individual to enter onto these premises for unauthorized purposes or to refuse to leave said premises when requested to do so. Failure to comply with this provision could lead to prosecution.

SOURCE: PC Sections 602, 4570.5 and 4571; CCR, Title 15, Sections 3173 and 3289; WIC Section 1001.7.
f. Encouraging and/or assisting prison incarcerated individuals to escape, is a crime. It is illegal to bring firearms, deadly weapons, explosives, tear gas, drugs or drug paraphernalia on CDCR institutions/facilities or camp premises. It is illegal to give prison incarcerated individuals or wards firearms, explosives, alcoholic beverages, narcotics, or any drug or drug paraphernalia, including cocaine or marijuana. It is illegal to give wards sex oriented objects or devices, and written materials and pictures whose sale is prohibited to minors.

SOURCE: PC Sections 2772, 2790, 4533, 4535, 4550, 4573, 4573.5, 4573.6 and 4574; WIC Section 1152, CCR, Title 9, sections 30976 and 30945; WIC Section 1001.5.
g. It is illegal to give or take letters from incarcerated individuals or wards without the authorization of the Warden or officer in charge. It is also illegal to give or receive any type of gift and/or gratuities from prison incarcerated individuals or wards.

SOURCE: PC Sections 2540, 2541 and 4570; CCR, Title 15, Sections 3010, 3399, 3401, 3424, 3425 and Title 9, Section 31609; WIC Section 1712. h. In an emergency situation the visiting program and other program activities may be suspended.

SOURCE: PC Section 2601; CCR, Title 15, Section 3383, and Title 9, Sections 30935 and 30275.
i. For security reasons, visitors must not wear clothing that in any way resembles state issued prison incarcerated individual or ward clothing (blue denim shirts, blue denim pants).

SOURCE: CCR, Title 15, Section 3174 (b) (1) and Title 9, Section 30275. j. Interviews with SPECIFIC INCARCERATED INDIVIDUALS are not permitted.

Conspiring with an incarcerated individual to circumvent policy and/or regulations constitutes a rule violation that may result in appropriate legal action. Interviews with individual wards are permitted with written consent of each ward if he is 18 years of age or older, or with written consent of a parent, legal guardian, or committing court, if 17 years of age or younger.

SOURCE: CCR, Title 15, Sections 3261.5, 3315 (a) (3) (X), and 3177 and Title 9, Section 31100(a)(1).

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 08/2024

33. Clothing Restrictions
While on institution grounds, Contractor and all its agents, employees, and/or representatives shall be professionally and appropriately dressed in clothing distinct from that worn by incarcerated individuals at the institution. Specifically, blue denim pants and blue chambray shirts, orange/red/yellow/white/chartreuse jumpsuits and/or yellow rainwear shall not be worn onto institution grounds, as this is incarcerated individual attire. Contractor should contact the institution regarding clothing restrictions prior to requiring access to the institution to assure the Contractor and their employees are in compliance.

34. Tobacco-Free Environment
Pursuant to Penal Code Section 5030.1, the use of tobacco products by any person on the grounds of any institution or facility under the jurisdiction of the Department of Corrections and Rehabilitation is prohibited.

35. Prison Rape Elimination Policy
CDCR maintains a zero tolerance for sexual misconduct in its institutions, community correctional facilities, conservation camps and for all offenders under its jurisdiction. All sexual misconduct is strictly prohibited.

CDCR is committed to providing a safe, humane, secure environment, free from sexual misconduct. This will be accomplished by maintaining a program to ensure education/prevention, detection, response, investigation and tracking of sexual misconduct and to address successful community re-entry of the victim.

All Contractors and their employees are expected to ensure compliance with this policy as described in Department Operations Manual, Chapter 5, Article 44.

If you are providing services for the confinement of our incarcerated individuals, you and your staff are required to adopt and comply with the PREA standards, 28 Code of Federal Regulations (CFR) Part 115 and with CDCR’s Department Operations Manual, Chapter 5, Article 44, including updates to this policy. This will include CDCR staff and outside audit personnel (who also conduct PREA audits of state prisons) conducting audits to ensure compliance with the standards.

As a Contractor with CDCR, you shall not assign an employee to a CDCR facility or assign an employee to duties if that employee will have contact with CDCR incarcerated individuals, if that employee has 1) engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997); 2) been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or 3) has been civilly or administratively adjudicated to have engaged in the activity described in this section.

The Contractor shall conduct a criminal background records check for each contract employee who will have contact with CDCR incarcerated individuals and retain the results for audit purposes. By signing this contract the Contractor agrees to ensure that all of the mandates of this Prison Rape Elimination Policy are complied with. Material omissions, by

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 08/2024

the contract employee, regarding such misconduct or the provision of materially false information, shall be grounds for removal from institutional grounds.

Contract employees, who have contact with incarcerated individuals, shall be provided training via the Exhibit titled; “PRISON RAPE ELIMINATION POLICY, Volunteer/Contractor Informational Sheet” to learn their responsibilities under the agency’s sexual abuse and sexual harassment prevention, detection, and response policies and procedures. A copy of this signed informational sheet will be provided to the institution before a contract employee may have contact with incarcerated individuals.

Any contract employee who appears to have engaged in sexual misconduct of an incarcerated individual shall be prohibited from contact with incarcerated individuals and shall be subject to administrative and/or criminal investigation. Referral shall be made to the District Attorney unless the activity was clearly not criminal. Reportable information shall be sent to relevant licensing bodies.

36. Security Regulations
a. Unless otherwise directed by the entrance gate officer and/or Contract Manager, the Contractor, Contractor’s employees and subcontractors shall enter the institution through the main entrance gate and park private and nonessential vehicles in the designated visitor’s parking lot. Contractor, Contractor’s employees and subcontractors shall remove the keys from the ignition when outside the vehicle and all unattended vehicles shall be locked and secured while on institution grounds. b. Any State- and Contractor-owned equipment used by the Contractor for the provision of contract services, shall be rendered temporarily inoperative by the Contractor when not in use, by locking or other means unless specified otherwise. c. In order to maintain institution safety and security, periodic fire prevention inspections and site searches may become necessary and Contractor must furnish keys to institutional authorities to access all locked areas on the worksite. The State shall in no way be responsible for Contractor’s loss due to fire. d. Due to security procedures, the Contractor, Contractor’s employees and subcontractors may be delayed at the institution vehicle/pedestrian gates and sally ports. Any loss of time checking in and out of the institution gates and sally ports shall be borne by the Contractor.
e. Contractor, Contractor’s employees and subcontractors shall observe all security rules and regulations and comply with all instructions given by institutional authorities. f. Electronic and communicative devices such as pagers, cell phones and cameras/microcameras are not permitted on institution grounds. g. Contractor, Contractor’s employees and subcontractors shall not cause undue interference with the operations of the institution.
h. No picketing is allowed on State property.

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 08/2024

37. Gate Clearance
Contractor and Contractor’s employee(s) and/or subcontractor(s) must be cleared prior to providing services. The Contractor will be required to complete a Request for Gate Clearance for all persons entering the facility a minimum of ten (10) working days prior to commencement of service. The Request for Gate Clearance must include the person’s name, social security number, valid state driver’s license number or state identification card number and date of birth. Information shall be submitted to the Contract Liaison or his/her designee. CDCR uses the Request for Gate Clearance to run a California Law Enforcement Telecommunications System (CLETS) check. The check will include Department of Motor Vehicles check, Wants and Warrants check, and Criminal History check.

Gate clearance may be denied for the following reasons: Individual’s presence in the institution presents a serious threat to security, individual has been charged with a serious crime committed on institution property, inadequate information is available to establish positive identity of prospective individual, and/or individual has deliberately falsified his/her identity.

All persons entering the facilities must have a valid state driver’s license or photo identification card on their person.

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit E CDCR 2301 PREA Policy Information for Volunteers and Contractors CDCR 2301 PREA Policy Information for Volunteers and Contractors – Part A Rev. 12/2023

The Prison Rape Elimination Policy for the California Department of Corrections and Rehabilitation (CDCR) is explained on this informational sheet. As a volunteer or private contractor who has contact with CDCR offenders, it is your responsibility to do what you can, within the parameters of your current assignment, to reduce incidents of sexual violence, staff sexual misconduct, and sexual harassment and to report information appropriately when they are reported to you or when you observe such an incident. For purposes of this Policy, the word “staff” includes volunteers and private contractors.

Historical Information
Both the Congress and State Legislature passed laws, the Federal Prison Rape Elimination Act (PREA) of 2003, the Sexual Abuse in Detention Elimination Act, Chapter 303, Statutes of 2005, and most recently the United States, Department of Justice Final Rule; National Standards of 2012 to help prevent, detect, and respond to sexual violence, staff sexual misconduct, and sexual harassment behind bars. It is important that we, as professionals, understand all aspects of these laws and our responsibilities to help prevent, detect, and respond to instances by offenders and staff.

CDCR Policy
The CDCR policy is found in Department Operations Manual (DOM), Chapter 5, Article 44. PREA addresses five types of sexual offenses. Sexual violence committed by offenders against offenders encompasses: abusive sexual contact, non-consensual sex acts, and sexual harassment by an offender. Other sections covered by PREA include staff sexual misconduct towards an offender and staff sexual harassment towards an offender.

CDCR’s policy provides for the following: • CDCR is committed to continuing to provide a safe, humane, secure environment, free from offender on offender sexual violence, staff sexual misconduct, and sexual harassment. • CDCR maintains zero tolerance for sexual violence, staff sexual misconduct, and sexual harassment in its institutions, community correctional facilities, conservation camps, and for all offenders under its jurisdiction. • All sexual violence, staff sexual misconduct, and sexual harassment is strictly prohibited. • This policy applies to all offenders and persons employed by the CDCR, including volunteers and independent contractors assigned to an institution, community correctional facility, conservation camp, or parole.

Retaliatory measures against employees or offenders who report incidents of sexual violence, staff sexual misconduct, or sexual harassment as well as retaliatory measures taken against those who cooperate with investigations shall not be tolerated and shall result in disciplinary action and/or criminal prosecution. Retaliatory measures include, but are not limited to: • Coercion. • Threats of punishments. • Any other activities intended to discourage or prevent staff or offenders from reporting incident(s).

Professional Behavior
Staff, including volunteers and private contractors are expected to act in a professional manner while on the grounds of a CDCR institution and while interacting with other staff and offenders. Key elements of professional behavior include: • Treating everyone, staff and offenders alike, with respect. • Speaking without judging, blaming, or being demeaning. • Listening to others with an objective ear and trying to understand their point of view. • Avoiding gossip, name calling, and what may be perceived as offensive or "off-color" humor.

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit E CDCR 2301 PREA Policy Information for Volunteers and Contractors CDCR 2301 PREA Policy Information for Volunteers and Contractors – Part A Rev. 12/2023

• Taking responsibility for your own behavior.

Preventative Measures
You can help reduce sexual violence, staff sexual misconduct, and sexual harassment by taking various actions during the performance of your duties as a volunteer or private contractor.

The following are ways in which you can help: • Know and enforce the rules regarding the sexual conduct of offenders. • Be professional at all times. • Make it clear that sexual activity is not acceptable. • Treat any suggestion or allegation of sexual violence, staff sexual misconduct, and sexual harassment as serious. • Follow appropriate reporting procedures and assure that the alleged victim is separated from the alleged predator. • Never advise an offender to use force to repel sexual advances.

Detection
All staff, including volunteers and private contractors, is responsible for reporting immediately and confidentially, to the appropriate supervisor any information that indicates an offender is being, or has been, the victim of sexual violence, staff sexual misconduct, or sexual harassment.

After immediately reporting to the appropriate supervisor, you are required to document the information you reported. You will be instructed by the supervisor regarding the appropriate form to be used for documentation.

You will take necessary action (i.e., give direction or press your alarm) to prevent further harm to the victim. Staff, including volunteers and private contractors, will request the victim does not: 1) Shower; 2) Remove clothing without custody supervision; 3) Use the restroom facilities; and 4) Consume any liquids.

I have read the information above and understand my responsibility to immediately report any information that indicates an offender is being, or has been, the victim of sexual violence, staff sexual misconduct, or sexual harassment.

Volunteer/Contractor Name (Printed) Date Signed
Signature of Volunteer/Contractor Current Assignment within Institution Contact Telephone Number Supervisor in Current Assignment

City of Morro Bay Agreement Number C5612532
California Department of Corrections and Rehabilitation (CDCR) Exhibit E CDCR 2301 PREA Policy Information for Volunteers and Contractors CDCR 2301 PREA Policy Information for Volunteers and Contractors – Part B Rev. 12/2023

PART B shall only be completed by contractors who, in the course of their assigned duties, have contact with inmates.

Duty to Report
You are required to answer the following questions:
1) Have you ever engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, other institution?
Yes No If yes, provide the date of the incident and the facility name in the space below. 2) Have you ever been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse?
Yes No If yes, provide the date of the incident and the county in the space below. 3) Have you ever been civilly or administratively found to have engaged in the activity described in question (2) above?
Yes No If yes, provide the date of the incident and the county in the space below. 4) Have you ever received any disciplinary action as a result of allegations of sexual harassment of an inmate in a prison, jail, lockup, community confinement facility, or other institution? Yes No If yes, provide the date of the incident and the facility name in the space below.

If you answered “Yes” to any of the questions, please provide the date of the incident and the facility name/county where it occurred:

As a contract employee, you have a continuing duty to promptly report, and you are required to notify your employer and the Appointing Authority of the Institution to which you are assigned if the answer to any of the above questions changes.

I hereby certify that there are no misrepresentations, omissions, or falsifications, and that all answers are true and correct. I understand and agree that if any material facts are discovered which differ from those facts stated by me on this form, my services to the California Department of Corrections and Rehabilitation will be discontinued and my contract employer will be notified.

Signature: Date
Printed
Date:

Facility/County Name:

Prepared By: ___CM_____ Dept Review: _____ ___
City Manager Review: ___YK_____ City Attorney Review: ___RWS___ Staff Report
TO: Honorable Mayor and City Council DATE: January 6, 2025 FROM: Chris Munson, Harbor Vitality Director
SUBJECT: Adoption of Resolution No. 03-25 Approving the Assignment and Assumption and Conditionally Authorizing the Mayor to Execute Documents Necessary for the Assignment and Assumption at Lease Site 53-56/53W-56W and Accepting Deeds of Trust Related Thereto

RECOMMENDED ACTION
Adopt Resolution No. 03-25 allowing the Mayor to authorize the assignment and assumption, and authorizing the Mayor to execute necessary documents, and accepting deeds of trust related thereto regarding sale of the leasehold interest at Lease Site 53-56/53W-56W (Estero Inn, 501 Embarcadero) to Russel Curtis, Don Nelson, Daniel McCall, and Justin Laribee (LLC Pending), with documents subject to approval of the City Attorney.

ALTERNATIVES
Do not approve Resolution No. 03-25.

FISCAL IMPACT
There is no fiscal impact to this action.

BACKGROUND
The Estero Inn lease site has been under the ownership of the Estero Inn LLC since 2017, which is owned by Chris and Cynthia Kostecka. The site was completely redeveloped in 2008, in conjunction with execution of a new 50-year master lease that expires in 2058.

This assignment and assumption is subject to the normal assignment and assumption approval process as outlined in the lease. The Estero Inn LLC is a tenant in good standing.

DISCUSSION
The Estero Inn LLC has applied to have this lease agreement assigned to and assumed by Russel Curtis, Don Nelson, Daniel McCall, and Justin Laribee (LLC Pending). The group has successfully operated the 456 Embarcadero Inn & Suites. The applicant stated that acquiring Estero Inn will provide an opportunity for strategic synergies between the two properties. While the Estero Inn caters to higher paying guests seeking a waterfront experience, 456 Embarcadero offers more rooms at a slightly lower price point, delivering a premier hotel experience at an affordable rate. Within the next 12 months, the applicant will seek to negotiate a new lease with the City, maintaining the same terms but extending the lease duration to the maximum period allowable.

AGENDA NO: 7.f
MEETING DATE: January 14, 2025

As with all of our waterfront leases, this lease agreement stipules such an assignment and assumption approval cannot be unreasonably withheld by the City, provided the proposed new master tenant “is financially reliable and qualified to conduct the business” for which the lease was granted.

The application fee and documents necessary for the assignment are submitted and financial and other reviews of Russel Curtis, Don Nelson, Daniel McCall, and Justin Laribee (LLC Pending) are complete, and staff see no reason the assignment and assumption should not be conditionally approved.

In addition, Russel Curtis, Don Nelson, Daniel McCall, and Justin Laribee (LLC Pending) are requesting City Council approval of a new Deed of Trust with Bank of the Sierra against the leasehold interest in the amount of $2,750,000 for the purchase of the lease site. The Harbor Department Lease Management Policy stipulates the City will not approve financing related to a lease site unless such financing is for sole investment upon the lease site or for City requested public improvements.

Resolution No. 03-25 will allow Russel Curtis, Don Nelson, Daniel McCall, and Justin Laribee (LLC Pending) to record the necessary deeds of trust, as long as the deed of trust and all relevant documents to be signed by the Mayor are reviewed and approved by the City Attorney. After the applicants have successfully formed the LLC, the LLC’s name will be used for the deed of trust and relevant documents after reviewed and approved by the City Attorney.

CONCLUSION
Staff recommends the City Council adopt Resolution No. 03-25 approving the assignment and assumption and authorizing the Mayor to execute all necessary documents for the assumed and new debt to Russel Curtis, Don Nelson, Daniel McCall, and Justin Laribee (LLC Pending), as approved by the City Attorney.

ATTACHMENT

1. Resolution No. 03-25

RESOLUTION NO. 03-25

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY, CALIFORNIA
ASSIGNING LEASE SITE 53-56/53W-56W TO RUSSEL CURTIS, DON NELSON,

DANIEL MCCALL, AND JUSTIN LARIBEE (LLC PENDING) AND CONDITIONALLY

AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS NECESSARY FOR A NEW LOAN FOR THE LEASE AGREEMENT AT LEASE SITE 53-56/53W-56W WITH

RUSSEL CURTIS, DON NELSON, DANIEL MCCALL, AND JUSTIN LARIBEE LOCATED AT 501 EMBARCADERO ROAD, MORRO BAY AND ACCEPTING A

DEED OF TRUST RELATED THERETO

T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City of Morro Bay is the lessor of certain properties on the Morro Bay Waterfront described as City Tidelands leases and properties; and WHEREAS, since 2008, Chris and Cynthia Kostecka, Estero Inn, LLC has been the lessee of Lease Site 53-56/53W-56W, located at 501 Embarcadero; and WHEREAS, Estero Inn, LLC is selling the leasehold interest and improvements to Russel Curtis, Don Nelson, Daniel McCall, and Justin Laribee, members of a to be formed LLC; and
WHEREAS, the applicant has satisfactorily submitted the necessary documents for Assignment and is a tenant in good standing: and
WHEREAS, the applicant’s lender, Bank of the Sierra against, is requesting approval of a deed of trust to secure the Financing using the lease as security; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows:

1. The City Council approves Assignment of the leasehold interest to Russel Curtis, Don Nelson, Daniel McCall, and Justin Laribee (LLC Pending).

2. The Mayor is hereby authorized to execute said assignment, as approved by the City Attorney.
//
//
//
//
//
//
//

3. The Mayor is hereby directed to execute, as necessary, any and all documents, as approved by the City Attorney, necessary to consummate the deed of trust desired by Russel Curtis, Don Nelson, Daniel McCall, and Justin Laribee (LLC Pending).

PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of January 2025 on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:
______________________________
Carla Wixom, Mayor
ATTEST:
_____________________________
Dana Swanson, City Clerk

Prepared By: ___DS__ Dept Review:____________
City Manager Review: _YK_____ City Attorney Review: ________

Staff Report
TO: Honorable Mayor & City Council DATE: January 6, 2025 FROM: Dana Swanson, City Clerk
SUBJECT: Advisory Board Interviews and Appointments

RECOMMENDED ACTION
Conduct interviews to fill upcoming vacancies on the Planning Commission, Public Works Advisory Board, Harbor Advisory Board and Recreation & Parks Commission.

ALTERNATIVES
The Council may choose not to fill one or more of the vacancies and direct staff accordingly.

BACKGROUND/DISCUSSION
Annual appointments to the various City Advisory Bodies are made in January of each year. The Advisory Body Handbook, last adopted by City Council in October 2024, outlines the recruitment procedures and membership requirements for all advisory bodies. Additionally, the City Council Policies & Procedures Manual, also updated in September 2024, describes the appointment procedures and process for Advisory Body appointments. Notices that the City was accepting applications were placed on the City website and “e-notification” service, listed in the annual Local Appointments List (Maddy Act Notice) posted in the City Hall and Library kiosks, published in the Estero Bay News, and distributed via City’s Facebook page. Applications were accepted from November 13 – December 20, 2024.

The following individuals submitted applications (Attachment 1) and will be available for interview by the City Council. The Council may make appointments either by motion, second and voice vote or the Council may vote by written ballot with the results announced by Councilmember and her vote read into the record by the City Clerk.

Harbor Advisory Board – Marine Oriented Business
1 vacancy for a 4-year term ending Jan. 31, 2029

1. Marshall Witkowski
Harbor Advisory Board – MBCFO representative
1 vacancy for a 4-year term ending Jan. 31, 2029

1. Jeremiah O’Brien
AGENDA NO: 9.a
MEETING DATE: January 14, 2025

Planning Commission
2 vacancies for a 4-year term ending Jan. 31, 2029

1. Jim Duffy

2. Tony de Fazio

3. Sean Hanlon

4. Stephen McConnell

5. Mary Witkowski
Public Works Advisory Board
2 vacancies for a 4-year term ending Jan. 31, 2029

1. Laurie Beale

2. Paul Donnelly

3. Betsy Gaudette-Cross
Recreation & Parks Commission
2 vacancies for a 4-year term ending Jan. 31, 2029

1. Rachael Grace Leonti

2. Drew Sidaris

3. Betty Winholtz

ATTACHMENTS & REFERENCE DOCUMENTS

1. Applications

2. Link to current Local Appointment List

3. Link to Advisory Body Handbook & By-laws

4. Link to Council Policies & Procedures Manual

Application Review, Jan 6, 2025
Advisory Body Member
City of Morro Bay
Personal Info
Phone number
(other)
Email
Address
--
Social Media
--Websites
--
Source
Applied through your website's jobs page
Responsibility
Recruiter
Rachael Hendricks
Coordinator
--
Marshall Witkowski
Candidate Application
Job Post Questions
I would like to be considered for appointment to the following Commission/Advisory Body:

Harbor Advisory Board - Marine-Oriented Business
Please provide your residential address.

Are you registered to vote in the City of Morro Bay?
Yes
What's your highest level of education, institution name, and field of study? Masters, UC Berkeley, Business Administration
Are you currently or have you previously served on a board, commission, committee, or other public body? If yes, which one and when? What do you feel were the advisory body’s major accomplishment(s) during your tenure? No.
1 Powered by Greenhouse

What experience, technical training and skills qualify you for an appointment, considering your experience and activities in business, labor, professional, social, or other organizations?
- Former Naval Officer with experience in managing day-to-day harbor activities and maintenance. - Mechanical and Nuclear engineer
- I run a science and technology consulting business which identifies small energy businesses which have dual use applications for the Federal Government.
- I have experience managing multi-million dollar projects for Fortune 100 companies such as Walmart and Google.

Why are you interested in serving on this advisory board, commission, or committee? I live in Morro Bay, plan to retire here, and am raising my children here. I'm interested in ensuring the harbor and our waterfront properties continue to be assets to our community.

I have read the Advisory Bodies Handbook regarding the expectations and responsibilities of this Commission/Advisory Board/Committee and, should I be appointed, am able and willing to devote the necessary time to perform the required duties. https://www.morrobayca.gov/DocumentCenter/View/8325/Advisory-Bodies-Handbook-and-By-Laws?bidId= Yes
2 Powered by Greenhouse

Application Review, Jan 6, 2025
Advisory Body Member
City of Morro Bay
Personal Info
Phone number
(other)
Email
Address
--
Social Media
--Websites
--
Source
Applied through your website's jobs page
Responsibility
Recruiter
Rachael Hendricks
Coordinator
--
Jeremiah OBrien
Candidate Application
Job Post Questions
I would like to be considered for appointment to the following Commission/Advisory Body:

Harbor Advisory Board - Morro Bay Commercial Fisherman's Association (MBCFO) Please provide your residential address.
. MB
Are you registered to vote in the City of Morro Bay?
Yes
What's your highest level of education, institution name, and field of study? high school
1 Powered by Greenhouse

Are you currently or have you previously served on a board, commission, committee, or other public body? If yes, which one and when? What do you feel were the advisory body’s major accomplishment(s) during your tenure? I am very pleased to sit on the Harbor Advisory Board as I love Morro Bay and the people in it.The HAB during my time there has helped with decisions relating to the Maintenance and construction of projects from parking issues to camping and eel grass. The HAB works very hard to assist the City and Harbor Dept.

What experience, technical training and skills qualify you for an appointment, considering your experience and activities in business, labor, professional, social, or other organizations?
I have been in business most of my life. Most of my life has been spent on the waterfront or the water it self. My experience directly relates to the water front and the knowledge it takes to keep one running. The organizations that I am affiliated with are The Morro Bay Commercial Fishermens Org.( VP) The Morro Bay Maritime Museum (board member) The Morro Bay Community Quota Fund Founding board member.

Why are you interested in serving on this advisory board, commission, or committee? Serving our community is truly my pleasure. I arrived here in 1980 and it was love at first sight. That love has grown so serving our community is a wonderful thing.My experience on and around the water is an asset in this service.

I have read the Advisory Bodies Handbook regarding the expectations and responsibilities of this Commission/Advisory Board/Committee and, should I be appointed, am able and willing to devote the necessary time to perform the required duties. https://www.morrobayca.gov/DocumentCenter/View/8325/Advisory-Bodies-Handbook-and-By-Laws?bidId= Yes
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Application Review, Jan 6, 2025
Advisory Body Member
City of Morro Bay
Personal Info
Phone number
(other)
Email
Address
--
Social Media
--Websites
--
Source
Applied through your website's jobs page
Responsibility
Recruiter
Rachael Hendricks
Coordinator
--

JIM DUFFY
Candidate Application
Job Post Questions
I would like to be considered for appointment to the following Commission/Advisory Body:

Planning Commission
Please provide your residential address.
, Morro Bay 93442
Are you registered to vote in the City of Morro Bay?
Yes
What's your highest level of education, institution name, and field of study? Masters degree, University of Oregon, Architecture
Are you currently or have you previously served on a board, commission, committee, or other public body? If yes, which one and when? What do you feel were the advisory body’s major accomplishment(s) during your tenure? Please see my resume for list of boards, committees and dates. I feel very proud that while I was a board member of the San Luis Obipspo Chamber of Commerce, we formulated the initial concept for a Regional Economic Development organization that has resulted in the formation of REACH. 1 Powered by Greenhouse

What experience, technical training and skills qualify you for an appointment, considering your experience and activities in business, labor, professional, social, or other organizations?
Please see my resume and cover letter for a list of experience and skills Why are you interested in serving on this advisory board, commission, or committee? My wife and I recently moved to Morro Bay because over almost 40 years of visiting, we have always appreciated the unique qualities of this coastal gem. I'm passionate about community development and long range planning that respects the history of a place but also envisions what can improve a place over time for future generations to thrive.

I have read the Advisory Bodies Handbook regarding the expectations and responsibilities of this Commission/Advisory Board/Committee and, should I be appointed, am able and willing to devote the necessary time to perform the required duties. https://www.morrobayca.gov/DocumentCenter/View/8325/Advisory-Bodies-Handbook-and-By-Laws?bidId= Yes
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Ten Over Studio, Inc.
805.541.1010
539 Marsh Street
San Luis Obispo, CA
[email protected]
tenoverstudio.com
RESUME

PROFESSIONAL SUMMARY
Visionary architect and land development expert with over 35 years of experience in designing and executing transformative projects across the West Coast. Founder and leader of TEN OVER STUDIO, a multidisciplinary design firm dedicated to sustainable, design-forward solutions. Expertise includes large-scale redevelopment, master planning, and innovative architectural design for private developers and public entities. Enthusiastic about community service and leveraging design to enhance quality of life.

PROFESSIONAL EXPERIENCE
• TEN OVER STUDIO – San Luis Obispo, CA
2014 – Present
• JIM DUFFY ARCHITECTURE & PLANNING – San Luis Obispo, CA 2009-2014
• RRM DESIGN GROUP – San Luis Obispo, CA
2004-2009
• TBG ARCHITECTS & PLANNERS – Eugene, OR
1997 - 2004
• ACKER ARCHITECTS – Portland, OR
1995 - 1997
• WADDLE DESIGN – Portland, OR
1993-1995
• BENSON ARCHITECTURAL GROUP – Long Beach, CA
1988 - 1993

CIVIC ENGAGEMENT & LEADERSHIP
• Morro Bay Chamber of Commerce – Board Member
Present
• Building A Better SLO – Founder & Member
2021 - Present
• REACH Council – Member
2021 - Present
• Habitat for Humanity of SLO County – Chair & Member
2016 - 2023
• San Luis Obispo Chamber of Commerce – Board Member
2016 - 2020
• San Luis Obispo Architectural Review Commission – Chair & Member 2008 - 2014
• San Luis Obispo Downtown Association – Board Member
2008 - 2014

EDUCATION
• Masters Degree - Architecture
University of Oregon
• Bachelors Degree Architecture – Environmental Studies & Urban Planning University of California Santa Barbara

Ten Over Studio, Inc.
805.541.1010
539 Marsh Street
San Luis Obispo, CA
[email protected]
tenoverstudio.com

JIM DUFFY
Morro Bay, CA 93442
[email protected]
December 5, 2024

MORRO BAY CITY COUNCIL
Morro Bay City Hall, Morro Bay, CA 93442
Dear Members of the City Council,
I am thrilled to apply for a position on the Morro Bay Planning Commission. My wife and I recently relocated to Morro Bay from San Luis Obispo, drawn by this community’s unique charm and exceptional quality of life.

With over 45 years of professional experience in land development and architectural design, I am eager to contribute my expertise to serve the city I now proudly call home.

Throughout my career, I have worked in cities across the West Coast, including Portland, Eugene, and Bend, Oregon, as well as Los Angeles, Long Beach, Santa Cruz, San Jose, Santa Barbara, and various communities throughout the Central Coast. My portfolio of work spans large-scale planned developments, community master planning, and individual parcel projects for private developers and public entities. Locally, I contributed to plans for improving the Morro Bay Marina and Harbor District Office under Rick Algert’s leadership, as well as renovation concepts for the Morro Bay Natural History Museum in collaboration with California State Parks.

As the founder and president of TEN OVER STUDIO, I am proud to work with our team of over 30 design professionals dedicated to delivering sustainable, design-forward projects. Guided by our mission "to leave the world better than we found it," our firm integrates architectural, landscape, and interior design with media and rendering services to provide a holistic design experience that brings our clients’ visions to life.

I also bring substantial experience in public service. I served as a member and chair of the San Luis Obispo Architectural Review Commission, which gave me firsthand insight into the critical role of advisory bodies in shaping city policy. This experience has deepened my appreciation for balancing community input, municipal resources, and long-term planning to create solutions that serve the collective good.

In addition, I have been active in civic and nonprofit leadership. I served on the boards of the San Luis Obispo and Morro Bay Chambers of Commerce and am a founding member of Building A Better SLO, a lecture series promoting best practices in community design and planning on the Central Coast. My nonprofit board service also includes Habitat for Humanity, the REACH Council, and the San Luis Obispo Downtown Association.

If appointed, I will bring fairness, collaboration, and a commitment to ethical decision-making to the Planning Commission. My deep experience in land use planning, sustainable design, and stakeholder engagement positions me to contribute meaningfully to Morro Bay’s ongoing success and prosperity.

Thank you for considering my application. I would be honored to serve this vibrant community and would welcome the opportunity to discuss how my background aligns with the Commission’s objectives.

Sincerely,

Application Review, Jan 6, 2025
Advisory Body Member
City of Morro Bay
Personal Info
Phone number
(other)
Email
Address
--
Social Media
--Websites
--
Source
Applied through your website's jobs page
Responsibility
Recruiter
Rachael Hendricks
Coordinator
--
Tony de Fazio
Candidate Application
Job Post Questions
I would like to be considered for appointment to the following Commission/Advisory Body:

Planning Commission
Please provide your residential address.
, Morro Bay, CA 93442
Are you registered to vote in the City of Morro Bay?
Yes
What's your highest level of education, institution name, and field of study? Bachelor of Architecture from Cal Poly San Luis Obispo; 42 years of life on this planet Are you currently or have you previously served on a board, commission, committee, or other public body? If yes, which one and when? What do you feel were the advisory body’s major accomplishment(s) during your tenure? No
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What experience, technical training and skills qualify you for an appointment, considering your experience and activities in business, labor, professional, social, or other organizations?
Please refer to my attached Resume and Cover Letter, which outline my skills and professional experience that make me qualified for an appointment.

Why are you interested in serving on this advisory board, commission, or committee? Please refer to my attached Cover Letter that provides a statement regarding my interest in serving on the Planning Commission.

I have read the Advisory Bodies Handbook regarding the expectations and responsibilities of this Commission/Advisory Board/Committee and, should I be appointed, am able and willing to devote the necessary time to perform the required duties. https://www.morrobayca.gov/DocumentCenter/View/8325/Advisory-Bodies-Handbook-and-By-Laws?bidId= Yes
2 Powered by Greenhouse

Application Review, Jan 6, 2025
Advisory Body Member
City of Morro Bay
Personal Info
Phone number
(other)
Email
Address
--
Social Media
--Websites
--
Source
Applied through your website's jobs page
Responsibility
Recruiter
Rachael Hendricks
Coordinator
--
Stephen McConnell
Candidate Application
Job Post Questions
I would like to be considered for appointment to the following Commission/Advisory Body:

Planning Commission
Please provide your residential address.

Are you registered to vote in the City of Morro Bay?
Yes
What's your highest level of education, institution name, and field of study? Some College
Are you currently or have you previously served on a board, commission, committee, or other public body? If yes, which one and when? What do you feel were the advisory body’s major accomplishment(s) during your tenure? No
1 Powered by Greenhouse

What experience, technical training and skills qualify you for an appointment, considering your experience and activities in business, labor, professional, social, or other organizations?
General Contractor
Why are you interested in serving on this advisory board, commission, or committee? I love Morro Bay.

I have read the Advisory Bodies Handbook regarding the expectations and responsibilities of this Commission/Advisory Board/Committee and, should I be appointed, am able and willing to devote the necessary time to perform the required duties. https://www.morrobayca.gov/DocumentCenter/View/8325/Advisory-Bodies-Handbook-and-By-Laws?bidId= Yes
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PROFESSIONAL:
>Self-employed General Contractor B-682235
>Associate degree Art History
>MBPD Citizen's Academy
>Architecture & design geek
>Full grasp of San Luis Obispo history, including Morro Bay, Highway 1, Camp San Luis and Atascadero
>Travel and visit coastal communities up and down California coast regularly >Deep local social media audience
>Honest relationships with multiple waterfront business owners and lease-holders >Full awareness of Morro Bay's perception in surrounding communities >Emphasis on Historical preservation, Design corridor, view-shed, balance, color and landscaping. >40-year grasp of construction budgets, timelines, CC&R's and accessibility >Understand the working harbor's impact
PERSONAL:
>Want to see Embarcadero happy and downtown thriving.
>Want to grow the tourist demographic
>Want to *grey* the line between Visitor-serving and Neighborhood-serving >Would love to see a Centennial Parkway plan in place Market-to-water >Remove the 5 remaining detours on the Harbor Walk
>Want COMB to benefit financially from multiple property holdings. >Want Morro Bay beautiful and wealthy.

Application Review, Jan 6, 2025
Advisory Body Member
City of Morro Bay
Personal Info
Phone number
(other)
Email
Address
--
Social Media
--Websites
--
Source
Applied through your website's jobs page
Responsibility
Recruiter
Rachael Hendricks
Coordinator
--
Mary Witkowski
Candidate Application
Job Post Questions
I would like to be considered for appointment to the following Commission/Advisory Body:

Planning Commission
Please provide your residential address.
, Morro Bay, CA, 93442
Are you registered to vote in the City of Morro Bay?
Yes
What's your highest level of education, institution name, and field of study? B.S. English, U.S. Naval Academy
1 Powered by Greenhouse

Are you currently or have you previously served on a board, commission, committee, or other public body? If yes, which one and when? What do you feel were the advisory body’s major accomplishment(s) during your tenure? Yes, HAB from 5/21 to current (1/25).

I completed an analysis of the P&L, identified and kicked-off two grant applications, completed an analysis and recommendation of the waterfront leases, as well as an analysis of vessel fees.

With three different Harbor Directors during my tenure and other factors, I found that the impact of the HAB is limited, and I'd like to be involved in helping the City of Morro Bay in a deeper way.

What experience, technical training and skills qualify you for an appointment, considering your experience and activities in business, labor, professional, social, or other organizations?
I have leadership experience from my time serving as a Naval Officer as well as top business experience from working at companies such as Google and Amazon. In addition to my experience managing multi-million dollar businesses, my family has been in SLO County for five generations, and I am highly invested in its caretaking.

Why are you interested in serving on this advisory board, commission, or committee? I'm interested in listening to the needs and desires of the community members and translating them to the best possible outcomes in each micro decision and long-term planning exercise.

I have read the Advisory Bodies Handbook regarding the expectations and responsibilities of this Commission/Advisory Board/Committee and, should I be appointed, am able and willing to devote the necessary time to perform the required duties. https://www.morrobayca.gov/DocumentCenter/View/8325/Advisory-Bodies-Handbook-and-By-Laws?bidId= Yes
2 Powered by Greenhouse

Application Review, Jan 6, 2025
Advisory Body Member
City of Morro Bay
Personal Info
Phone number
(other)
Email
Address
--
Social Media
--Websites
--
Source
Applied through your website's jobs page
Responsibility
Recruiter
Rachael Hendricks
Coordinator
--
Laurie Beale
Candidate Application
Job Post Questions
I would like to be considered for appointment to the following Commission/Advisory Body:

Public Works Advisory Board
Please provide your residential address.

Are you registered to vote in the City of Morro Bay?
Yes
What's your highest level of education, institution name, and field of study? J.D., University of Washington School of Law
Are you currently or have you previously served on a board, commission, committee, or other public body? If yes, which one and when? What do you feel were the advisory body’s major accomplishment(s) during your tenure? Yes. Public Works Advisory Board. Work on the water reclamation facility, traffic circle proposal for Atascadero/Main intersection.
1 Powered by Greenhouse

What experience, technical training and skills qualify you for an appointment, considering your experience and activities in business, labor, professional, social, or other organizations?
Knowledge of federal and state environmental laws and permitting procedures.

Why are you interested in serving on this advisory board, commission, or committee? I enjoy volunteering in my community and being involved in local government.

I have read the Advisory Bodies Handbook regarding the expectations and responsibilities of this Commission/Advisory Board/Committee and, should I be appointed, am able and willing to devote the necessary time to perform the required duties. https://www.morrobayca.gov/DocumentCenter/View/8325/Advisory-Bodies-Handbook-and-By-Laws?bidId= Yes
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•2015 NOAA General Counsel’s Award, by Lois J. Schiffer, NOAA General Counsel.
•2013 NOAA Administrator’s Award, by Kathryn D.

Sullivan, PhD.
•2013 NOAA General Counsel’s Award, by Lois J. Schiffer, NOAA General Counsel.
•2008 NOAA General Counsel’s Award.
1999-2007 Attorney, Stoel Rives LLP, Seattle, Washington. ● NOAA General Counsel’s AwardRepresent private and
public entities in environmental litigation under the
Administrative Procedure Act, Endangered Species
Act, Magnuson-Stevens Fishery Conservation and
Management Act, Marine Mammal Protection Act,
Clean Water Act, Federal Power Act, & National
Environmental Policy Act.
● Prepared and filed motions, briefs, and declarations, and appeared and argued before Ninth Circuit and
D.C. Circuit Courts of Appeals and federal district
courts in Washington, Oregon, Hawaii, and the District
of Columbia.

EDUCATION
1998 Juris Doctor, University of Washington School of Law, Seattle, Washington, With High Honors.
1986 Bachelor of Arts, University of Notre Dame, Notre Dame, Indiana, Cum Laude.

VOLUNTEER ACTIVITIES
2022-2025 Board Member/Chair, Morro Bay Public Works Advisory Board.
2016-2021 Volunteer puppy raiser, Guide Dogs for the Blind. 2

Application Review, Jan 6, 2025
Advisory Body Member
City of Morro Bay
Personal Info
Phone number
(other)
Email
Address
--
Social Media
--Websites
--
Source
Applied through your website's jobs page
Responsibility
Recruiter
Rachael Hendricks
Coordinator
--
Paul Donnelly
Candidate Application
Job Post Questions
I would like to be considered for appointment to the following Commission/Advisory Body:

Public Works Advisory Board
Please provide your residential address.
, Morro Bay, CA.

Are you registered to vote in the City of Morro Bay?
Yes
What's your highest level of education, institution name, and field of study? College.

Are you currently or have you previously served on a board, commission, committee, or other public body? If yes, which one and when? What do you feel were the advisory body’s major accomplishment(s) during your tenure? Formerly served on several committees as detailed in the attached resume. 1 Powered by Greenhouse

What experience, technical training and skills qualify you for an appointment, considering your experience and activities in business, labor, professional, social, or other organizations?
Licensed as a Registered Civil Engineer and Professional Land Surveyor in the states of California and Hawaii.

Employed for over 27 years with the San Luis Obispo County Public Works Department until retirement.

Why are you interested in serving on this advisory board, commission, or committee? I would like to offer my expertise on matters that concern the city Public Works Department.

I have read the Advisory Bodies Handbook regarding the expectations and responsibilities of this Commission/Advisory Board/Committee and, should I be appointed, am able and willing to devote the necessary time to perform the required duties. https://www.morrobayca.gov/DocumentCenter/View/8325/Advisory-Bodies-Handbook-and-By-Laws?bidId= Yes
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RESUMÉ - December 2024
Paul F. Donnelly
Morro Bay, CA 93442
Professional Registrations/Licenses:

California Professional Engineer - Civil (PE 52216)
California Professional Land Surveyor (PLS 5897)
Hawaii Professional Engineer - Civil (PE 12671)
Hawaii Professional Land Surveyor (PLS 12908)
Employment Background:

December 16, 2011 to Present, Retired, and occasionally, have reported on cases as a Technical Expert for the California Board of Registration for Professional Engineers, Land Surveyors and Geologists.

August 6, 1984 to December 16, 2011, County of San Luis Obispo - Department of Public Works (formerly County Engineering Department), San Luis Obispo, California.

Duties; Project Manager of Major Storm Drain Diversion Project in Cayucos, CA.

Project Manager of River Road Bridge Replacement Project over the Salinas River in San Miguel, CA.

Project Manager of Moonstone Beach Drive Bridge Replacement Project over Leffingwell Creek in Cambria, CA. (ASCE Award)
Project Manager of 2 bridge replacement projects on San Simeon Creek Road.

Project Manager of Main Street Bridge Replacement Project in Cambria, CA.

Project Manager and Resident Engineer for the construction of the Chorro Valley Pipeline Project of the State Water Project – Coastal Branch Aqueduct Project Engineer in Design Division, designing highway improvements, determining public right of way for design projects and managing major capital projects.

Project Engineer in Office of County Surveyor, checking and reviewing subdivision maps and plans. Did the construction inspection for those subdivision improvements.

Project Engineer in Hydraulic Planning, planning and managing local pipeline projects for the State Water Project
Project Manager in Transportation, managing highway and bridge projects.

Survey Crew Supervisor and Crew Chief.

RESUMÉ, Paul F. Donnelly - Page 2
March 15, 1982 to August 3, 1984, Westland Engineering of San Luis Obispo, California.

Duties; Designer/Surveyor/Draftsman on various land development projects in San Luis Obispo and Santa Barbara Counties.

November 30, 1981 to March 12, 1982, City of San Luis Obispo - Community Development Department, San Luis Obispo, California.

Duties; Draftsman/Graphic Arts Specialist
June 19, 1979 to August 21, 1981, City of Pasadena - Public Works Department, Pasadena, California.

Duties; Surveyor/Draftsman/Designer
February 1979 to June 1979, County of Los Angeles - Arboretum and Botanical Gardens in Arcadia, California
Duties; Gardener/Student Worker
Educational Background:

September 1981 to June 1984, Cal Poly University - San Luis Obispo, California Major; Civil Engineering
September 1978 to June 1981, Pasadena City College - Pasadena, California Major; Civil Engineering Technology (Surveying)
February 1974 to January 1976, Pasadena City College - Pasadena, California Major; Forestry
September 1968 to June 1972, Rosemead High School - Rosemead, California Honors; Achievement Award in Mathematics from the Bank of America Contestant - Annual Mathematics Contest, Poly Royal SLO (1972) Extracurricular Studies:

University of California - Institute of Transportation Studies Computer Aided Design and Drafting (CADD)
Geometric Highway Design
Highway Drainage Design
University of California Extension - Berkeley
Management of Water in California
University of California Extension - Santa Barbara
Water Marketing

RESUMÉ, Paul F. Donnelly - Page 3
Columbia University Extension - Jackson, California
Emergency Trench Shoring
California Council of Civil Engineers
Drainage Law
Law Firm of Hatch & Parent - Santa Barbara, California
Water Rights Law ( 9 week course study)
Ductile Iron Pipe Research Association
Ductile Iron Pipe Seminar
County of San Luis Obispo Personnel Department
Supervisory Academy Training Courses
American Institute for Professional Training and Development Construction Management
Construction Scheduling and Delay Claims Analysis
SkillPath Seminars
Successful Project Management
National Geodetic Survey (NGS Pacific Region)
Digital Leveling Training at Operating Engineers in Kahuku, Hawaii Certificates:

United States Coast Guard Auxiliary
Advanced Coastal Navigation
Boating and Seamanship Skills
California Department of Transportation (Caltrans)
Construction Materials Testing
Campbell Pacific Nuclear Corporation
Radiation Safety and Use of Nuclear Gage
Other Affiliations:

City of Morro Bay, California
Former Councilmember
Former Chairman of the Street Advisory Committee
Former Chairman of the Street and Tree Advisory Committee Former County Advisor to the Water Advisory Board
Former member of the original Public Works Advisory Board Former member of the Water Reclamation Facility Citizen’s Advisory Committee

RESUMÉ, Paul F. Donnelly - Page 4
Economic Opportunity Commission of San Luis Obispo County Former Boardmember
Nacimiento Participants Advisory Committee (NPAC)
Former Chairman
National Society of Professional Surveyors (NSPS)
Former Member
Hawaii Land Surveyors Association (HLSA)
Former Associate Member
California Land Surveyor’s Association (CLSA)
Former Member
American Society of Civil Engineers (ASCE)
Former Member

Application Review, Jan 6, 2025
Advisory Body Member
City of Morro Bay
Personal Info
Phone number
(other)
Email
Address
--
Social Media
--Websites
--
Source
Applied through your website's jobs page
Responsibility
Recruiter
Rachael Hendricks
Coordinator
--
Betsy Gaudette-Cross
Candidate Application
Job Post Questions
I would like to be considered for appointment to the following Commission/Advisory Body:

Public Works Advisory Board
Please provide your residential address.
., Morro Bay CA 93442
Are you registered to vote in the City of Morro Bay?
Yes
What's your highest level of education, institution name, and field of study? Masters in Educational Technology, Fresno Pacific Univ., Education 1 Powered by Greenhouse

Are you currently or have you previously served on a board, commission, committee, or other public body? If yes, which one and when? What do you feel were the advisory body’s major accomplishment(s) during your tenure? Throughout my career I have been on numerous committees from PTA President, to on my church board, local teachers union rep to board officer in our local union. The last few years or teaching I was a State Council Rep for the California Teachers Association (CTA) and a state rep for the National Educator Association (NEA). These positions represented the teachers of Tulare County and the State of California. These were elected positions.

What experience, technical training and skills qualify you for an appointment, considering your experience and activities in business, labor, professional, social, or other organizations?
My experiences encompass over 50 years of working - from working in retail and being a bank teller in college, and then teaching elementary and high school, negotiating, working with people, educating myself, being involved, and caring about my community and fellow man. I could write a book if I answered this question completely. Suffice it to say, my experiences and education are expansive.

Why are you interested in serving on this advisory board, commission, or committee? I am very interested in becoming more involved in the community, in protecting the quality of life and being a contributor to this town. I love working with people and learning new things. And even though I do not have experience in Public Works, I have the ability to learn and be a positive contributor to the committee.

I have read the Advisory Bodies Handbook regarding the expectations and responsibilities of this Commission/Advisory Board/Committee and, should I be appointed, am able and willing to devote the necessary time to perform the required duties. https://www.morrobayca.gov/DocumentCenter/View/8325/Advisory-Bodies-Handbook-and-By-Laws?bidId= Yes
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Application Review, Jan 6, 2025
Advisory Body Member
City of Morro Bay
Personal Info
Phone number
(other)
Email
Address
--
Social Media
--Websites
--
Source
Applied through your website's jobs page
Responsibility
Recruiter
Rachael Hendricks
Coordinator
--
Rachael Grace Leonti
Candidate Application
Job Post Questions
I would like to be considered for appointment to the following Commission/Advisory Body:

Recreation & Parks Commission
Please provide your residential address.
morro bay
Are you registered to vote in the City of Morro Bay?
Yes
What's your highest level of education, institution name, and field of study? Bachelors
Are you currently or have you previously served on a board, commission, committee, or other public body? If yes, which one and when? What do you feel were the advisory body’s major accomplishment(s) during your tenure? No
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What experience, technical training and skills qualify you for an appointment, considering your experience and activities in business, labor, professional, social, or other organizations?
I am a passionate mother who loves making parents feel safe! Why are you interested in serving on this advisory board, commission, or committee? I am looking to improve safety in local parks
I have read the Advisory Bodies Handbook regarding the expectations and responsibilities of this Commission/Advisory Board/Committee and, should I be appointed, am able and willing to devote the necessary time to perform the required duties. https://www.morrobayca.gov/DocumentCenter/View/8325/Advisory-Bodies-Handbook-and-By-Laws?bidId= Yes
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Rachael Keim
(Cell)

EDUCATION
BA in Science of Nursing – AZUSA PACIFIC UNIVERSITY, Azusa, CA Critical Care Fellowship Atlanta Medical Center 2019-2020

PROFESSIONAL EXPERIENCE
Neurovascular Intensive Care Unit Nurse (Float to Cardiovascular ICU, Surgical ICU, and Vascular ICU, Wellstar Atlanta Medical center, February 2019- present Travel Critical Care Registered Nurse (Float to all Critical Care units) Lenox Hill Hospital, April 2020- present

RESEARCH / FIELD WORK EXPERIENCE
 INTERRUPTIONS IN NURSE HUDDLE, Bergen, Norway 2017, Hardsplass University

PUBLICATIONS

1. Giske T, Melas SN, Einarsen KA. The art of oral handovers: A participant observational study by undergraduate students in a hospital setting. J Clin Nurs. 2018;27:e767–e775. https://doi.org/10.1111/jocn.14177

HONORS / AWARDS
Nomination for Atlanta Journal Constitution Nurse of the Year Atlanta Medical Center January 2020
DAISY Award Atlanta Medical Center February 2020

MEMBERSHIPS / AFFILIATIONS
American Heart Association 2018-present
American Association of Critical Care Nurses 2019-present Chair for Neurovascular ICU Practice Council Wellstar Atlanta Medical Center 2019-2020

Application Review, Jan 6, 2025
Advisory Body Member
City of Morro Bay
Personal Info
Phone number
(other)
Email
Address
--
Social Media
--Websites
--
Source
Applied through your website's jobs page
Responsibility
Recruiter
Rachael Hendricks
Coordinator
--
drew sidaris
Candidate Application
Job Post Questions
I would like to be considered for appointment to the following Commission/Advisory Body:

Recreation & Parks Commission
Please provide your residential address.

Morro Bay Ca 93442
Are you registered to vote in the City of Morro Bay?
Yes
What's your highest level of education, institution name, and field of study? Three years Valley community collage, one year U.C.L.A. General studies, Film and Television production.

Are you currently or have you previously served on a board, commission, committee, or other public body? If yes, which one and when? What do you feel were the advisory body’s major accomplishment(s) during your tenure? I am currently a Recreation and Parks commissioner. Some of the accomplishments during my tender include converting an under utilized roller rink into pickleball courts. Supporting the building of a bicycle motocross track. 1 Powered by Greenhouse

What experience, technical training and skills qualify you for an appointment, considering your experience and activities in business, labor, professional, social, or other organizations?
As an assistant director and entertainment manager I have managed film, television and stagehand crews often numbering over fifty people. I was the liaison between the studios and the film/TV crews at MGM, Warner Bros., Paramount and others.

Why are you interested in serving on this advisory board, commission, or committee? I would like to continue to contribute to the community and as a Parks and Recreation commissioner I can in a way that I feel is important.

I have read the Advisory Bodies Handbook regarding the expectations and responsibilities of this Commission/Advisory Board/Committee and, should I be appointed, am able and willing to devote the necessary time to perform the required duties. https://www.morrobayca.gov/DocumentCenter/View/8325/Advisory-Bodies-Handbook-and-By-Laws?bidId= Yes
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14 years experience as a parks and recreation commissioner. My back round includes over 20 years management positions in the film, television and casino entertainment.

I would like to re apply for the recreation and parks commission in order to continue to make a positive contribution to the city and people of Morro Bay.

Application Review, Jan 6, 2025
Advisory Body Member
City of Morro Bay
Personal Info
Phone number
(other)
Email
Address
--
Social Media
--Websites
--
Source
Applied through your website's jobs page
Responsibility
Recruiter
Rachael Hendricks
Coordinator
--
Betty Winholtz
Candidate Application
Job Post Questions
I would like to be considered for appointment to the following Commission/Advisory Body:

Recreation & Parks Commission
Please provide your residential address.

Are you registered to vote in the City of Morro Bay?
Yes
What's your highest level of education, institution name, and field of study? Master of Counselor Education from The University of Iowa Are you currently or have you previously served on a board, commission, committee, or other public body? If yes, which one and when? What do you feel were the advisory body’s major accomplishment(s) during your tenure? I am currently finishing a term for a Rec/Park Commissioner; duration 1 year.

I was on the MB city council from 2002-2010.
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What experience, technical training and skills qualify you for an appointment, considering your experience and activities in business, labor, professional, social, or other organizations?
As a former city council member, I am familiar with city procedures. As a former church youth director in Colorado for 3 years, I was responsible for the physical facilities (an organized campground facility and a wilderness camping site) , programming, scheduling, and fiscal budgets.

Why are you interested in serving on this advisory board, commission, or committee? Recreation and Parks are a quality of life benefit for living in MB, for adults and children. Care needs to be taken to maintain our standards.

I have read the Advisory Bodies Handbook regarding the expectations and responsibilities of this Commission/Advisory Board/Committee and, should I be appointed, am able and willing to devote the necessary time to perform the required duties. https://www.morrobayca.gov/DocumentCenter/View/8325/Advisory-Bodies-Handbook-and-By-Laws?bidId= Yes
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Prepared By: ___AS____ Dept Review: ____AS_____
City Manager Review: _YK_______ City Attorney Review: __RWS __ Staff Report
TO: Honorable Mayor and City Council DATE: December 10, 2024 FROM: Airlin Singewald, Community Development Director
SUBJECT: Request to form the Waterfront Master Plan Advisory Committee (WMPAC)

RECOMMENDED ACTION
Confirm the makeup of the Waterfront Master Plan Advisory Committee (WMPAC) and initiate a recruitment process.

ALTERNATIVES

1. Direct staff to alter the WMPAC makeup to reflect the Council’s desired composition for the committee.

2. Direct staff to delay initiation of the WMPAC until after the Waterfront Master Plan Update consultant is chosen.

FISCAL IMPACT
The City received a $750,000 planning assistance grant from the California Coastal Commission to fund an update to the 1996 Waterfront Master Plan. City staff may charge the grant and/or the City’s $75,000 match contribution for staff time to form the WMPAC. Essentially, there will be no additional fiscal impact on the City’s general plan as staff time can be considered towards in-kind matching fund.

BACKGROUND
The City’s Waterfront Master Plan has not been updated since it was first adopted in 1996. The Waterfront Master Plan is a vision for the future development, land use, circulation, and infrastructure for both sides of the Embarcadero from Tidelands Park to Morro Rock.

The City’s “blueprint” for future growth and development – the General Plan / Local Coastal Program (“Plan Morro Bay”) - was updated in 2021. Policy LU-8.1 of Plan Morro Bay directs the City to update the 1996 Waterfront Master Plan with a focus on addressing issues of sea level rise and future planning for Morro Rock.

On August 20, 2024, the City Council authorized City staff to apply for a $750,000 Local Coastal Program planning grant from the California Coastal Commission. The Council also directed staff to expand the Waterfront planning area to include the former wastewater treatment plant and areas potentially affected by offshore wind development.

AGENDA NO: 9.b
MEETING DATE: January 14, 2025

2 On October 9, 2024, the California Coastal Commission approved the City’s grant application. Task 3 of the grant scope states: the City will form a Waterfront Master Plan Advisory Committee (WMPAC) consisting of community members and local stakeholders to act in an advisory capacity and provide recommendations to the Planning Commission and City Council for consideration. The WMPAC will hold monthly public meetings to provide recommendations on policy and design components on the WMP. The estimated completion date for the Waterfront Master Plan Update is November 30, 2026.

The WMPAC would serve in a similar capacity as the advisory committee formed for the City’s 2021 General Plan / Local Coastal Program Advisory Committee (GPAC). The GPAC consisted of 9 “at large” members appointed following a citywide recruitment and interviews.

DISCUSSION
The WMPAC should consist of a broad representation of waterfront interests, including commercial fishing, master leaseholders, tourism and business entities, and environmental protection. WMPAC membership would ideally possess a balance of technical expertise (e.g., finance, engineering, architecture, planning, environmental science, business, etc.) and more general community member perspectives.

Although there is no established number of participants for the WMPAC, Staff recommends the Council direct staff to initiate the formation of a nine (9) member WMPAC, consisting of five (5) existing advisory committee members, one (1) master leasehold, and three (3) at large community members. The advisory committees and master leaseholders would nominate and appoint their respective members. At Council’s direction, City staff would initiate a recruitment for the three (3) large community members and invite applicants to interview with the City Council for final selection.

Given the City Council appoints the WMPAC, individual council members are not recommended to serve on the WMPAC.

Staff recommended WMPAC formation:
 Planning Commission – 1 member
 Harbor Advisory Board – 1 member
 City Finance Advisory Committee - 1 member
 Public Works Advisory Committee – 1 member
 Parks and Recreation Committee - 1 member
 Embarcadero Master Leaseholders – 1 member
 At large community members – 3 members
Staff intends to implement a hybrid approach that utilizes in-house resources and consulting expertise while collaborating with the WMPAC for the Waterfront Master Plan Update. One of the initial tasks for the WMPAC, once it is formed, will be working with Planning staff and consultants to define a high level scope of work for the updated master plan within the grant perimeter.

ATTACHMENT(S)
None

Prepared By: _YK _______Dept Review: ______
City Manager Review: __ YK______ City Attorney Review: ______ Staff Report
TO: Honorable Mayor and City Council DATE: January 8, 2025 FROM: Yvonne Kimball, City Manager
SUBJECT: Update on Fiscal Year (FY) 2023-24 and 2024–25 City Council Goals and Action Items

RECOMMENDED ACTION
Receive a progress report on the City Council goals, goals’ statements, and action Items; acknowledge accomplishments and overall workload; and provide direction on remaining goals.

ALTERNATIVES
None

FISCAL IMPACT
There is no immediate fiscal impact related to the recommendation, however, many of the action items have associated fiscal impacts, some of which will result in costs to the City and other items may bring revenue enhancements to the City.

BACKGROUND/DISCUSSION
In April 2023, the Council adopted a set of goals, goals statements and short-term action items following a deliberated process.

The Council adopted four goals for FY 2023-24 and FY 2024-25:

1. Public Infrastructure

2. Economic Vitality

3. Housing / Homelessness Response

4. Community Engagement
Each of the goals have several corresponding action items. Together there are 27 short-term action items. As of December 2024, all but 6 action items have been considered completed or nearly completed. Some action items have evolved into more defined subsets of action plans, which would need further work and are recommended to be considered in the upcoming FY 2025- 2027 goal setting process.

AGENDA NO: 9.c
MEETING DATE: January 14, 2025

A few more items have been completed, or nearly completed, since the last update in August. They are:

Public Infrastructure:
 Street Paving Highlights: Due to funding allocations made by the City Council supporting paving work, the City has completed numerous street paving projects thus far during the 2- year goals period:
 $1.4 million paving project completed in August 2023
 Radcliff neighborhood street repairs completed in 2024  Greenwood, Bolton, Laurel, Cuesta neighborhood street repairs completed in 2024  Jamaica, Panorama, Island, Tide neighborhood street repairs completed in 2024  Rehabilitation of Police Parking Lot and Lila Keiser Park Parking Lot completed in April 2024
 Bi-weekly Public Works Maintenance crew pothole and patch digout repairs (ongoing)  Tuscan Road slide stabilization and road repair project completed in December 2024 The $4.5 million pavement rehabilitation project currently in progress, the largest City paving project ever, is anticipated to be completed by April 2025.  Council Chambers: This goal includes two projects, 1) audio visual upgrades and 2) implementation of a web-based agenda management system for closed captioning and improved accessibility for visually impaired and efficiency in agenda and staff report production. For the first project, which is underway, the City Council communicated to staff its desire to receive detailed cost and other information about audio visual system options at their meeting on October 8, 2024. As a result, the City released an RFP for the development of three audio visual system design options; the City Council will have the opportunity to select the option to implement at their meeting in April, and purchase and installation of the system will occur subsequently. For the second project, the web-based management system, eScribe, has been completed and the transition to this system is in effect.  Capital Needs Assessments: This goal includes two projects, 1) an assessment of harbor facilities and 2) and assessment of all other city facilities, including parks, City buildings, and other infrastructure. This goal was modified to support City Council in the effort to secure Congressional funding for harbor revetment repairs due to the critical nature of this infrastructure and the unknown impacts of the heavy storms of 2023. As such, the City combined the resources of both projects to focus solely on an assessment of the revetments supporting the harbor. This project is near completion. The City’s consultant, Brady Engineering, prepared a draft revetment assessment report which was reviewed by staff in November. The final report and cost estimates for potential projects resulting from the report is expected to be received in early 2025.
 Public safety needs assessment: The Community Risk Assessment and Standards of Cover report for the Fire Department is expected by the end of January. The Police Department and Harbor Department portion of the report is anticipated in March.

Economic Vitality:
 Monitor and stay engaged in Offshore Wind. Filling the vacancy of the Harbor Vitality Director will significantly support this goal. Additionally, the hiring of an Assistant to the City Manager has greatly improved staff capacity to accomplish this and other community driven goals.

Housing and Homelessness Response:
 Continue participation in SLO County’s 5-year plan, Seashell Estates property Community Engagement:
 Develop and implement outreach and communication plan, Leverage partnerships with Chamber, Visit Morro Bay, local service clubs, etc., Explore available communication tools.

Again, the hiring of an Assistant to the City Manager has greatly improved staff capacity to accomplish these community driven goals.

Some goals are still in progress or have evolved into new areas of focus that staff seeks Council direction. They are:

Public Infrastructure
 Due to the modification of the capital assessments goal described above, the City will still need direction on whether a City-wide capital assessment, including office space capacity assessment, remains a Council priority.

Economic Vitality
 Market Plaza development: This topic of discussion continues to evolve. Council directed staff to reject all and any pending proposals in September. It would make sense to clarify or reaffirm the scope before additional resources, both public and private, are further spent. Staff plans to bring discussion forward in March 2025.
 Review of City-owned properties and strategies to optimize revenues. The City owns real estate properties; some are occupied for long term uses, such as the library property, the Chamber/Visit Morro Bay property, and two residential rental properties. Key opportunity properties that are impactful would include 781 Market St. and surrounding properties, 231 Atascadero Rd., 160 Atascadero Rd., 525 Harbor Street. 1130 Napa (Morro Elementary) has also been considered for exploration which a decision has been made given the circumstances. Updating the Lease Management Policy has been brought up by council members. Moving forward, it is recommended to consider and prioritize all of the above in the 2025-2027 goal discussions.
 Presentation of Paid Parking Study and propose a pilot program. A presentation of the 2022 parking study has been completed and a paid parking program at the Rock parking lot was directed late 2023. Since then, staff has been working with Coastal Commission to obtain necessary approval of the pilot paid parking program. We also continue to monitor the congestion issues on Embarcadero, especially on the stretch from Rock parking lot to Beach St. We have concluded a well implemented parking management strategy including timed parking enforcement and possible paid parking at the Rock parking lot will be essential to improve safety, address congestion and meet infrastructure needs. The Police Chief is leading a steering committee consisting of community stakeholders and City staff to look into implementation details. The goal is to implement the above strategies concurrently by June 30, 2025.

Housing
 Identify affordable housing incentive program: This has evolved into the discussions with the Downtown Design District (DDD). The final DDD public meeting is still in the works and will be complete by spring. This has been delayed due to the consideration of BESS related urgency ordinance.

Community Engagement
 Development Historical Preservation Ordinance using draft ordinance prepared by Historical Society as a starting point. A new ordinance requires substantial resources to develop. The DDD discussion has identified that the first achievable step is to work with the Morro Bay Historical Society to generate a list of properties of historical interest or value. The Community Development Department will present the Council with a framework for a historic preservation ordinance by June 30, 2025. The framework will outline the basic components of a potential historic preservation ordinance for Council discussion and direction to staff.

In addition to the progress listed in the 27 goals, we also accomplished the following in the last year:
 Camping ordinance adoption. Noticeable improvements were made along Quintana and other camp sites.
 Partnership with the Fire Safe Council to conduct a hazard fuels cleanup along Quintana Road.
 Partnership with San Luis Obispo County on the Alert SLO project for enhanced community notifications. This program will launch publicly January 15th and allow the city to send nonemergency notifications to the public similar to reverse 911.  Closed out WRF’s two major contracts totaling over $120 million.  Completed Lift Station 1 Force Main Replacement project, which fixed a sewer leaky due to an old sewer main under Highway 1.
 Completed installation of flashing crosswalk on Morro Bay Boulevard to support Police Department staff safety.
 Completed Elena/Juniper Emergency Storm Drain Repair project.  Completed Sequoia Court Emergency Storm Drain Repair project.  Completed Ironwood Storm Drain Replacement project.
 Completed Water Tank Rehabilitation project involving six of the City’s drinking water tanks.  Completed Local Roadway Safety Plan project.
 Completed Speed Survey project.
 Completed grant-funded EV Charging Station project.
 Completed a variety of park improvement projects, including tennis court rehab, pickleball court resurfacing, and Franklin Park improvements.
 Completed sidewalk replacements at various locations to correct ADA deficiencies in downtown Morro Bay and Atascadero Road.
 Completed zoning code update and received certification by the California Coastal Commission.
 Continued to partner with private partners to improve the city’s broadband fiber-optic infrastructure. Morro Bay is one of the most “fiber connected” cities on the Central Coast.  Successfully produced the city’s 60th anniversary celebrations.  Successfully hosted the 2023 and the 2024 Ironman Triathlon events.  Continued to partner with private partners to improve the city’s broadband fiber-optic infrastructure. We are one of the most “fiber connected” cities on the Central Coast.  Negotiated and entered into 3-year contracts with all bargaining groups. Addressed the results of the 2023 Compensation Study.
 Recruitment of three director positions and four manager level positions. All recruitments were done through in-house resources.
 New Council orientation and onboarding
It is appropriate to acknowledge that there is a full list of existing or unfinished priorities from previous cycles that staff also has to tackle. Examples are:

 Waterfront Master Plan update
 WRF remaining tasks: IPR, decommissioning
 3300 Panorama project processing
 Water supply portfolio review
 BESS urgency ordinance; aftermath of the BESS application change and monitor CEC process
 Business license administration inhouse change
 Fiscal Year 2025 -2027 City goal setting and strategic planning efforts.

ATTACHMENT(S)

1. FY 2023-24 & 2024-25 Goals, Goals’ Statements & Action Items

2. Progress report

Goal #1: Public Infrastructure
Item # Action Items Departments Involved Lead Department DECEMBER 2024 STATUS NEXT STEPS 1) Street Paving Public Works Public Works
Bring construction management and construction contracts to City Council on 8/27/24; prior miles stones: - with weather consideration performed small work weekly mostly in North Morro Bay. - finalized contract to enable a Contractor short-term rehab of Preston Ln. -paved PD parking lot and Lila Keiser parking$4M MAJOR paving proceeded in December. scheduling complications. Construction completion scheduled for April.

Crack sealing and base digouts and replacements to be completed in January 2025. Slurry and cape seal to begin in February 2025, weather dependent. Striping to be completed afterwork roadwork. 2) Complete Capital Needs Assessments Public Works, Harbor Public Works Review and provide comments to the consultant on the draft revetment wall assessment report when received. When the final assessment report is received, present a summary of the findings to Council.

The Brady draft harbor revetment assessment was reviewed by the City in November. The final report and cost estimate for potential projects resulting from the report is expected to be submitted in January 2025. The report will be distributed for review. Council reconsideration of priority, i.e., city facility needs, city offices best use evaluation study. 3) Complete Development Impact Fee Study Admin Svcs, Public Works, Comm Dev, Harbor, Fire, Police Admin Services Staff working with DTA (consultant) to gather all relevant data necessary for completing a study. Provide all data to DTA by the end of Janaury 2025. Review draft report in March. Take final report to Council in April. 4) Update Council Chamber: A/V upgrades, web-based agenda management system for closed captioning and improved accessibility for visually impaired Public Works, City Clerk, IT Public Works RFP for design and installation services released on Dec., 13, 2024, and will close on January 22, 2025.

Once consultant is selected for design and installation services (anticipated early February), consultant will prepare detailed cost estimates for three build out scenarios, and staff will bring these scenarios to council for approval (anticipated late March). The new system will then be ordered and installed (anticipated May-July depending on lead times of A/V hardware).

Goal Statements: (1) Assess and provide report on state of infrastructure including streets, sewer lines, sidewalks, storm drains and Harbor Infrastructure; (2) January 2023 storm response and future mitigation; (3) Repair, update and enhance Veterans Hall so it can continue to serve the community; (4) Striping program to improve sidewalks, crosswalks & accessible parking. 1/9/2025 Page 172 of 176 1 of 5
5)
Prioritize storm recovery efforts, maximizing FEMA/insurance reimbursement opportunities; Hazard mitigation / climate resiliency (grant funding opportunities) Public Works, Admin Services, Risk Mgmt, Comm Dev Public Works All FEMA requested information to date has been provided. FEMA reviews are ongoing. Five projects have been deemed ineligible due to existing damage prior to additional storm damage, one of which has been transfered to FHWA for reimbursement and is under review. Completed milestones: New curb and gutter installed at corner of Shasta and Pacificwhich resolved ongoing drainage issues; collapsed storm drain on Embarcadero at Beach was replaced in summer; collapsed storm drain between Ironwood and Juniper, Paula and Avalon, was replaced in October; Sequoia Court Storm Drain lining/replacement was completed in November; Storm damaged drains on Quintana near Dolly’s Donuts and on Main St. near the bike park, are scheduled to be replaced in January. Lastly, we received good news that the City has been awarded two $1 Cal OES Hazard Mitigation grants, $287,085 for RO Treatment Plant floodproofing and $1,008,900 for Morro Creek Watershed flood analysis and development of a flood management plan.

Ongoing effort. Continue storm drain system maintenance; implementing the new grant; seek partnership opportunities with regional agencies for solutions to lower Morro Creek issues. 6) Public safety needs assessment (Standards of Cover) Fire, Police Fire Report is expected in a few weeks.

Community risk Assessment and standards of Cover for Fire Department expected by January 30th, 2025. police and Harbor portion expected March or April per consultant. 7) Improve streetscape with road striping, parking lines & curb painting Public Works Public Works See street paving goal above. See street paving goal above.

Not yet initiatedUnderwayNearing CompletionComplete
1/9/2025 Page 173 of 176 2 of 5
Goal #2: Economic Vitality
Item # Action Items Departments Involved Lead Department December 2024 Status NEXT STEPS 1) Market Plaza development opportunities Comm Dev, City Manager Comm Dev On October 8, 2024, Council directed staff to return to Council with a Draft RFP for review and consideration. Staff to prepare a Draft RFP per Council direction, and present to Council for consideration of next steps. 2) Monitor and stay engaged in offshore wind development Council Sub-Committee, City Manager, Harbor, Community Development City Manager
An MOU with County may be formed by the end of 2024, regarding a grant for port feasiblity study; filling vacancies that can stay focused on this Harbor Vitality Dir, Assistant to the CM, and the CDD are engaged. 3)
Pursue grant opportunities, including RFP for full-service grant writer & grant administration (if succerssrful); Coleman Beach area; Climate Action Plan & Waterfront Master Plan; DBW grant funding for boat ramp replacement All Finance
Utilizing grants that have been awarded; continued working with Townsend as grant resources; waterfront master plan award; Fire - two grant applications pending; Harbor / City Manager expect SLO County wind funding RFP in December 2023; City Manager connecting w/ state and federal lobbyists re: funding for infrastructure, community facility improvements, harbor dredging.

Fire Department-SAFER grant and AFG grand from FEMA not received. Second grant from California Office of Traffic Safety was awarded and a second set of battery powered extrication tools have been received. 4) Review of City-owned properties, strategy to optimize use or revenues. Explore use of commercial realtor to manage commercial rental property City Manager, Comm Dev, Harbor, Admin Svcs Comm Dev, Finance, Harbor Ongoing. Real property discussions as needed. A few important sites: 781 Market St., 231 Atascadero, 1130 Napa, 525 Harbor, 160 Atascadero, etc. Decision on Morro Elem.; 578 Embarcedero apt. lease update.

Ongoing and consideration of future goal setting with more defined focus. A possible consideration of lease management policy update has been brought up for the consideration of FY 25-27 city goals. 5) Streamline permit processing for residential (including ADUs) and commercial development (also supports Housing goal) Comm Dev Comm Dev Update: the Coastal Commission approved the City's Zoning Code on March 15, 2024. Update: the Coastal Commission approved the City's Zoning Code on March 15, 2024. 6) Presentation to Council on Paid Parking Study and proposed Pilot Program; implement, as directed. City Manager, Police Department, Comm Dev, Harbor, City Manager, Police (porject lead), Harbor, Community Dev., Public Works obtain Coastal approval, design process, implement paid parking at Morro Rock; Police Chief to form a parking management steering committee in Janurary 2025; need to obtain Coastal approval, design process, implement pilot paid parking at Morro Rock by Summer 2025 Not yet initiatedUnderwayNearing CompletionComplete
Goal Statements: (1) Pursue grant writing opportunities; (2) Evaluate opportunities for City-owned properties; (3) Streamline permit process for residential and commercial development. 1/9/2025 Page 174 of 176 3 of 5
Goal #3: Housing / Homelessness Response
Item # Action Items Departments Involved Lead Department DEC 2024 Status Next Steps 1)
Housing Element Program Implementation (Housing by-right Policy and Objective Design Guidelines projects underway - $275K rec'd in grant funding) Comm Dev Comm Dev Completed as of March 15, 2024. Completed as of March 15, 2024. 2)
Review possible upzone from low density to medium or height density for the Seashell Estates property located off of Teresa Drive for possible housing project Comm Dev Comm Dev
The Seashell Estates is a master-planned community located north of Highway 1 and west of the Bayside Care Center nursing home with a proposal of ten (10) single family homes, ten (10) attached junior accessory dwelling units (ADUs) and ten (10) detached ADU, for a total of 30 residential units in a residential low density (RL) zone. Building architecture will consist of asphalt or composite flat roof shingles that are a coherent part of the building form, and materials will include earth-toned or muted redwood or ceder siding board and wood shingles. Some might recall a Seashell housing project that ended withdrawing in 2023. To find out how this new proposal related to the previous one, and any questions, please contact Kim Fowler project changed; Tentative PC hearing in Febuary 2025
3) Explore achievable options at the City level (emergency warming shelters, pallet homes, etc.) City Manager, Fire, Comm Dev, Police City Manager Ongoing effort can be on new opportunities, such as working with county's Homelessness "home key"program, and new grant for encampment cleaning up. Ongoing effort can be on new opportunities, such as working with County's Homelessness "home key" program, and new grant for encampment cleaning up. 4) Continue participation in County's Regional Housing & Infrastructure Plan Comm Dev Comm Dev SLOCOG finalized and published the Regional Housing and Infrastructure Framework in August 2023. SLOCOG finalized and published the Regional Housing and Infrastructure Framework in August 2023.5) Continue participation in the County-wide 5-year Strategic Plan to address Homelessness; Homeless Outreach Case Manager City Manager, Comm Dev, Police, Fire City Manager Ongoing effort can be on new opportunities, such as working with county's Homelessness "home key"program, and new grant for encampment cleaning up. Ongoing effort can be on new opportunities, such as working with County's Homelessness "home key"program, and new grant for encampment cleaning up. 6) Identify affordable housing incentive program Comm Dev Comm Dev The DDD Ad-hoc Subcommittee work will culminate with a public forum to be held in the fall of 2024- delayed due to BESS urgency ordinance option research. Comm Dev is working with Subcommittee to organize a public forum.

The DDD Ad-hoc Subcommittee work will culminate with a public forum to be held in early 2025. Comm Dev is working with Subcommittee to organize a public forum. 7) Speed up processing of ADU permits to increase availability of affordable housing Comm Dev Comm Dev The Pre-Designed ADUs are complete. CDD staff is finalizing the public brochure, checklist, and website announcements. The Pre-Designed ADUs are complete. CDD staff is finalizing the public brochure, checklist, and website announcements.

Not yet initiatedUnderwayNearing CompletionComplete
Goal Statements: (1) Identify low-income housing opportunities; (2) Explore achievable options for unhoused residents; (3) Speed up processing of ADU permits 1/9/2025 Page 175 of 176 4 of 5
Goal #4: Community Engagement
Item # Departments Involved Lead Department Dec 2024 Status Next Steps 1) Leverage partnerships with Chamber, Visit Morro Bay, local service clubs and community organizations, and other event hosts All City Manager enhance partnerships through interactions with council and staff enhance partnerships through interactions with council and staff 2) Explore/assess available communication tools All City Clerk the assistant to the CM to coordinate city wide communication needs, including website updates - rec (short-term goal for next cycle).

Has began to design surveys for next goal setting cycle 3) Conduct joint Council/advisory board meetings periodically and consider biannual or annual advisory board report to Council City Manager, Admin Svcs, Comm Dev, Public Works, Harbor, Recreation & All dept Mayor and Council complete, with the joint meeting effort will continue as necessary. Complete, with the joint meeting effort will continue as necessary. 4) Develop Historic Preservation Ordinance using draft ordinance prepared by Historical Society as a starting point Comm Dev Comm Dev This action item will be partially addressed through the Downtown Design District recommendations to create an inventory of character defining buildings. Comm Dev will present the Council with a framework for a historic preservation ordinance by June 30, 2025. The framework will outline the basic components of a potential historic preservation ordinance for Council discussion and direction to staff.

This action item will be partially addressed through the Downtown Design District recommendations to create an inventory of character defining buildings. Comm Dev will present the Council with a framework for a historic preservation ordinance by June 30, 2025. The framework will outline the basic components of a potential historic preservation ordinance for Council discussion and direction to staff. 5)
Continue MBPD Citizens Academy; consider Community Academy and other opportunities for project / community outreach, including study sessions and workshops
All City Manager a citizens academy is long term goal. Hiring of the Asst to CM would enhance coordinated efforts. a citizens academy is long term goal. Hiring of the Asst to CM would enhance coordinated efforts. 6) Develop and implement outreach and communication plan using different formats to reach broad spectrum of residents All Depts. & council members City Manager, City Clerk Hire the Assistant to the CM to coordinate website update, design and publish a variety of information flyers, coordinate cross-departmental activities, draft communication plan, manage and streamline communication actions.

Assist to CM hired.
7) Ad hoc Committee review of Planning Process Comm Dev Comm Dev Accomplished in light of zoning code adoption. Recommending implementation and possible review in future if necessary.

Accomplished in light of zoning code adoption. Recommending implementation and possible review in future if necessary.

Not yet initiatedUnderwayNearing CompletionComplete
Goal Statements: (1) Build relationships and improve the purpose of advisory bodies to attract and retain members; (2) Hold community workshops and study sessions on upcoming development; (3) Improve City website and social media presence 1/9/2025 Page 176 of 176 5 of 5