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HomeMy WebLinkAboutJuly to DecemberAGENDA - CITY OF MORRO BAY Special Meeting December 20, 1979, 6:00 p.m. City Hall Conference Room (1) Telephone bid award (2) Community Promotion bid award (3) Visitor Information Service bid award MINUTES - MORRO BAY CITY COUNCIL Special Meeting December 20, 1979, 6:00 p.m. City Hall Conference Room The meeting was called to order at 6:00 p.m. by Mayor Shelton PRESENT: Councilmen Cantine, Harmon, Reasor, and Mayor Shelton ABSENT: Councilman Rosenberg STAFF PRF.SFNT- Donald F. Guluzzy, City Administrator Bill George, Chief Building Inspector (1) Bid Award: Communications Design for Telephone System MOTION: Mayor Shelton moved that Resolution No. 61-79 be read by title only. The motion was seconded by Councilman Harmon and carried by roll call vote with Councilman Rosenberg absent. (2) Community Promotions Contract and Visitor Information Center Contract MOTION: Mayor Shelton moved that the Community Promotions Contract and the Visitor Information Center Contract be scheduled for the January 14, 1979 City Council meeting. The motion was seconded by Councilman Harmon and carried with Council- man Rosenberg absent. MOTION: Mayor Shelton moved the meeting adjourn to Executive Session to discuss litigation. The motion was seconded by Councilman Cantine and carried with Councilman Rosenberg absent. At 6:20 p.m. Councilman Harmon left the meeting. The meeting adjourned to Executive Session at 6:20 p.m. and re- turned to Regular Session at 6:50 p.m. MOTION: Mayor Shelton moved the meeting adjourn to January 14, 1980, for a Regular Council meeting, at 7:30 p.m. in the Recreation Hall. The motion was seconded by Councilman Cantine and carried with Councilmen Rosenberg and Harmon absent. The meeting adjourned at 6:50 p.m. Recorded by: DONALD F. GULUZZY City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting' December 17, 1979, 5:15 p.m. City Hall Conference Room The meeting was called to order at 5:15 p.m. by Mayor Shelton. ROLL CALL Present: Councilmen Cantine, Reasor,',Rosenberg, and Mayor Shelton Absent: Councilman Harmon STAFF PRESENT Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney Elizabeth Penny, Deputy -City Clerk Mr. Guluzzy addressed the issue that was discussed at the previous City Council meeting concerning the validity of deputy city clerks checking the signatures on recall and initiative petitions, rather than the city clerk. He stated this is allowed by law. Mr. Guluzzy reviewed the certificates of sufficiency for the two recall petitions (Councilmen Cantine and Harmon) and the one initiative petition (community promotions) stating that there is enough valid signatures in favor of these matters so that they can be placed on the election ballot. Mr. LeSage reviewed five resolutions dealing with the election. They were as follows: (1) Resolution calling and giving notice of the holding of a general election to be held on April 8, 1980; (2) Resolution requesting County of San Luis Obispo to provide specified services to the City of Morro Bay in the conduct of the April 8, 1980 election; (3) Resolution adopting regulations for candidates for elective office pertaining to materials submitted to electorate and the costs involved; (4) Resolution providing for the filing of rebuttal arguments for City measures submitted at election; and (5) Resolution authorizing certain City Council members to file a written argument regarding a City measure. Mr. LeSage noted that items (4) and (5) are optional and the Council is not required to adopt these resolutions. At 5:25 p.m. Councilman Reasor arrived. Councilman Rosenberg asked what the latest date the initiative petition addressing annexations should be submitted in order to be placed on the April election ballot. Mr. LeSage stated the petitions should probably be in no later than December 31, 1979. The City Council and staff discussed the cutoff date for the sub- mittal of the initiative petition regarding annexations. 0 0 MINUTES - MORRO BAY CITY COUNCIL Special Meeting, December 17, 1979 Page 2 MOTION: Mayor Shelton moved that Resolution No. 57-79 be read by title only. The motion was seconded by Councilman Cantine and carried with Councilman.Harmon absent. Mr. Guluzzy read Resolution No. 57-79 by title only. "Resolution of the City Council of the City of Morro Bay requesting the Board of Supervisors of the County of San Luis Obispo to render specified ser- vices to said City relating to the conduct of a general municipal elec- tion to be held in said City on Tuesday, April 8, 1980." MOTION: Mayor Shelton moved that Resolution No. 57-79 be approved. The motion was seconded by Councilman Cantine and carried with Councilman Harmon absent. MOTION: Mayor Shelton moved that Resolution No. 58-79 be read by title only. The motion was seconded by Councilman Cantine and carried with Councilman Harmon absent. Mr. Guluzzy read Resolution No. 58-79 by title only. "Resolution of the City Council of the City of Morro Bay calling and giving notice of the holding of a general municipal election to be held in said City on Tuesday, April 8, 1980, for the election of certain officers of said City as required by the provisisions of the laws of the State of California relating to general law cities and for the submission to the qualified electors of said City of a question relating to recall of councilmen and for the submission to the qualified electors of said City of a certain question, proposition or measure relating to an initiative ordinance of the people of the City of Morro Bay limiting and regulating the expenditure of City funds for community promotion purposes." MOTION: Mayor Shelton moved that Resolution No. 58-79 be approved. The motion was seconded by Councilman Cantine and carried with Councilman Harmon absent. The City Council discussed Resolution No. 59-79's Section 1 re- lating to the number of words that shall be allowed for candidate's statements. The Council established 200 words. MOTION: Mayor Shelton moved that Resolution No. 59-79 with the 200 words stipulation relating to candidate's statements be read by title only. The motion was seconded by Council- man Reasor and carried with Councilman Harmon absent. Mr. Guluzzy read Resolution No. 59-79 by title only. "Resolu- tion of the City Council of the City of Morro Bay adopting regulations for candidates for elective office, pertaining to materials submitted to the electorate and the costs thereof for the general municipal election to be held in said City on Tuesday, April 8, 1980." MINUTES - MORRO BAY CITY COUNCIL Special Meeting, December 17, 1979 Page 3 MOTION: Mayor Shelton moved that Resolution No. 59-79 be approved. The motion was seconded by Councilman Reasor and carried with Councilman Harmon absent. Councilman Rosenberg and Mayor Shelton stated they would support Resolution No. 60-79, and felt even though it is optional, it should be adopted by the Council. The City Council discussed with the City Attorney the optional feature of this resolution. MOTION: Mayor Shelton moved that Resolution No. 60-79 be read by title only. The motion was seconded by Councilman Reasor and carried with Councilman Harmon absent. Mr. Guluzzy read Resolution No. 60-79 by title only. "Resolution of the City Council of the City of Morro Bay providing for the filing of rebuttal arguments for City measures submitted at municipal elections." MOTION: Mayor Shelton moved that Resolution No. 60-79 be approved. The motion was seconded by Councilman Reasor and carried with Councilman Cantine voting no and Councilman Harmon absent. The City Council discussed the resolution authorizing certain Council members to file a written argument regarding a city measure and decided since it is optional that they would not adopt it. MOTION: Mayor Shelton moved the meeting adjourn to Thursday, December 20, 1979 at 6:00 p.m. in the City Hall Conference Room for a Special Meeting. The motion was seconded by Councilman Reasor and carried with Councilman Harmon absent. The meeting adjourned at 6:15 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Penny Deputy City Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned Meeting December 12, 1979, 5:15 p.m. City Hall Conference Room The meeting was called to order at 5:20 p.m. by mayor Shelton. PRESENT: Councilmen Cantine, Harmon, Reasor, and Mayor Shelton ABSENT: Councilman Rosenberg STAFF PRESENT Donald F. Guluzzy, City Administrator Michael T. Le Sage, City Attorney Tom MCGonagill, Finance Director John Bressan, Public Services Director Elizabeth Penny, Deputy City Clerk Mr. Guluzzy advised the Council that he would be certifying the two recall petitions for Councilmen Cantine and Harmon and the initi- ative petition for community promotion funds as having sufficient signatures to be placed on the ballot. Mr. Gaines quoted a section from the Elections Code that states that the City Clerk must check the signatures, and not a Deputy City Clerk. He then sited a couple of court cases that pertained to this issue. Mr. LeSage stated that he would have to review this matter and research the court cases before he would be able to respond to the issue. The City Council and City Attorney briefly discussed what would be involved if it was found that a City Clerk must check the signatures and a Deputy City Clerk could not do so. Mr. Difley stated he does not feel that the certification should read that Donald F. Guluzzy, City Clerk, made the examination of the signatures and found them to be sufficient, because he did not actually do it. Mr. Gaines stated the words used in the certification of the initiative petition are not correct and should be revised to read: "City of Morro Bay City Clerk's certificate to an initiative ordinance limiting and regulating the expenditure of city funds for community promotion purposes." The Council concurred with the requested revision made by Mr. Gaines and instructed staff to make the appropriate changes. MINUTES - MORRO BAY CITY COUNCIL Adjourned Meeting, December 12, 1979 Page 2 Mr. Guluzzy stated he has contacted P.O.S.T. in regards to how they feel about using assessment centers for the selection of Police Chiefs and they are very supportive of them. Therefore he requested the Council adopt a resolution authorizing the expenditure of funds for this purpose. MOTION: Mayor Shelton moved that Resolution No. 62-79 be read by title only. The motion was seconded by Councilman Reasor and carried with Councilman Cantine voting no. Mr. Guluzzy read Resolution No. 62-79 by title only. "Resolu- tion authorizing transfer of $4,500 from 1978/79 fund balances to 1979/80 non -department contract services." MOTION: Mayor Shelton moved that Resolution No. 62-79 be adopted. The motion was seconded by Councilman Reasor and carried with Councilman Cantine voting no and Councilman Rosenberg absent. Councilman Cantine stated he voted against the resolution because he does not feel the procedure set up is proper, matters that should have been addressed, e.g., integrity, have been omitted, the expense involved for a City the size of Morro Bay and in light of Proposition 13 is not justified. Break: 5:55 p.m. Reconvened: 6:02 p.m. Downtown Redevelopment Richard Hill stated his firm does economic redevelopment consulting work. The process to establish a redevelopment program is to: (1) activate the redevelopment agency. The City Council would either select it or select a board that would serve in this capacity; (2) identify an area that would then be assessed to see if redevelopment makes sense; (3) formal adoption of a plan would be done which would stipulate what is to be done. Some of the pitfalls that the City must face is the fact that Gann is trying to stiffle redevelopment, the cost -factor in revitalizing an area, and Proposition 13 and 4. At 6:30 p.m. Mayor Shelton had to leave the meeting. Mr. Risley expressed concern about whether senior citizen sites and centers would be addressed in the redevelopment proposal/plan. Mr. Gaines questioned whether the redevelopment could include the north Morro Bay area also, or only the downtown/Embarcadero area. Mr. Hill stated it would be best if it was done separately. MINUTES - MORRO BAY CITY COUNCIL Adjourned Meeting, December 12, 1979 Page 3 Mr. Guluzzy recommended that the Council adjourn the meeting to December 17, 1979 at 5:15 p.m. to allow staff to research the areas of concern brought up as it relates to the certification of the recall and initiative petitions. MOTION: Councilman Reasor moved the meeting adjourn to Monday, December 17, 1979,.at 5:15 p.m. in.the City Hall Conference Room. The motion was seconded' by Councilman Harmon and carried with Councilman Rosenber and Mayor Shelton absent. The meeting adjourned at 7:10 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Penny Deputy City Clerk 0 r1 L CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL December 10, 1979, 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR A-1 Minutes of the November 13, 1979 Regular Meeting. A-2 Minutes of the November 14, 1979 Study Session. A-3 Minutes of the November 14, 1979 Executive Session. A-4 Minutes of the November 19, 1979 Special Meeting. B. UNFINISHED BUSINESS B-1 Ordinance No. 171 adopting the updated City Codes. (second reading) B-2 Ordinance No. 173 adopting Community Housing Project regulations (second reading) C. NEW BUSINESS C-1 Resolution No. 53-79 approving Step II Engineering Design Services and Preparation of plans and specifications for construction of the WWTP. C-2 Resolution No. 54-79 amending Joint Powers Agreement for medical and dental insurance benefits for City employees. C-3 Resolution No. 55-79 renaming Del Mar Park to Roger Silacci Park. C-4 Resolution No. 56-79 adopting Capital Improvement Program for fiscal year 1979/80. D. HEARINGS, APPEARANCES, AND REPORTS D-1 Report by Morro Bay Motel Association concerning Community Promotions for the City of Morro Bay D-2 Public Hearing: Morro Bay Garbage request for rate increase. D-3 Public Hearing: Appeal of Planning Commission decision by Robert J. Blake regarding extension of conditional use permit for residence/office complex at 464 Main Street. D-4 Public Hearing: Ordinance No. 174 to allow home occupations to be approved administratively rather than by Council approval. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 10, 1979, 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order with the Pledge of Allegiance at 7:30 p.m, by Mayor Shelton. Reverend Dear gave the invocation. ROLL CALL Present: Councilmen Cantine, Harmon, Reasor, and Mayor Shelton Absent: Councilman Rosenberg STAFF PRESENT Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney Tom McGonagill, Finance Director John Bressan, Public Services Director T. Keith Gurnee, Community Development Director PUBLIC COMMENT Dale Reddell stated that Councilmen Cantine and Reasor had accused him of accepting special favors from the past Council and asked them to explain what they meant by this statement. Councilmen Cantine and Reasor stated they had no comment to make. Dale Reddell stated that he had picked up a copy of the CAL News- letter in the City Hall building and asked if city staff and time had been used in any way as it relates to distributing the newsletter, etc. Mr. Reddell noted that the front page of the City Council's newsletter shows a picture with a caption reading: "City employees hard at work improving Wastewater Treatment Facilities." He then stated the people shown in the picture are not City employees. Al Schwartz asked the City Attorney whether it is considered a •illegal. act to leave a CAL Newsletter at the City Hall building. Mr. LeSage stated he would have to research this matter and report back to the Council. AWARD PRESENTATION Mayor Shelton presented the American Law Enforcement Award to John Malmquist, II. CONSENT CALENDAR A-1 Minutes of the November 13, 1979 Regular Meeting. MINUTES - MORRO BAY CITY COUNCIL December 10, 1979 Regular Meeting Page 2 A-2 Minutes of the November 14, 1979 Study Session. A-3 Minutes of the November 14, 1979 Executive Session. A-4 Minutes of the November 19, 1979 Special Meeting. Mayor Shelton stated that no action would be taken by the Council on the Consent Calendar because the minutes had not been completed by staff. B. UNFINISHED BUSINESS B-1 Ordinance No. 171 adopting the updated City Codes. MOTION: Councilman Harmon moved that Ordinance No. 171 be read by title only. The motion was seconded by Councilman Reasor and carried with Councilman Rosenberg absent. Mr. Guluzzy read Ordinance No. 171 by title only. "An Ordinance Amending Certain Sections of Ordinance No. 157 and Title 14 of the Morro Bay Municipal Code." MOTION: Councilman Harmon moved that this constitute the second reading of Ordinance No. 171 and that it be approved as recommended by staff. The motion was seconded by Mayor Shelton and carried with Councilman Rosenberg absent. B-2 Ordinance No. 173 adopting Community Housing Project regulations. MOTION: Mayor Shelton moved that Ordinance No. 173 be read by title only. The motion was seconded by Councilman Reasor and carried with Councilman Rosenberg absent. Mr. Guluzzy read Ordinance No. 173 by title only. "Ordinance Repealing Sections 17.48.240 and 17.48.250 of the Morro Bay Municipal Code and Adding a New Section 17.49.010 Entitled Community Housing Project Regulations." MOTION: Mayor Shelton moved that this constitute the second reading of Ordinance No. 173 and that it be approved as recommended by staff. The motion was seconded by Councilman Reasor and carried with Councilman Rosenberg absent and Councilman Harmon voting no. C. NEW BUSINESS C-1 Resolution No. 53-79 approving Step II Engineering Design Services and Preparation of Plans and specifications for construction of the Wastewater Treatment Plant. MOTION: Councilman Cantine moved that Resolution No. 53-79 be read by title only. The motion was seconded by Councilman Harmon and carried with Councilman Rosenberg absent. MINUTES - MORRO BAY CITY COUNCIL December 10, 1979 Regular Meeting Page 3 Mr. Guluzzy read Resolution No. 53-79 by title only. "Resolu- tion authorizing the firm of Brown and Caldwell Consulting Engineers of Pasadena, California to perform Step II Engineering Design Services." MOTION: Councilman Cantine moved that Resolution No. 53-79 be approved. The motion was seconded by Councilman Reasor and carried by roll call vote with Councilman Rosenberg absent. C-2 Resolution No. 54-79 amending Joint Powers Agreement for medical and dental insurance benefits for City employees. Mr. Guluzzy stated the purpose of the resolution is to amend the JPA so that the health benefits coverage for the City will be self - funded through the JPA with the Central Coast Self -Insurance Fund. The current members of the JPA voted in favor of having the medical and dental benefits self -funded. This would not change any of the benefits that the City currently provides to its employees. Mr. LeSage stated that he needed additional time to review the resolution to be sure everything was in order. MOTION: Mayor Shelton moved that Resolution No. 54-79 be read by title only. The motion was seconded by Councilman Cantine and carried with Councilman Rosenberg absent. Mr. Guluzzy read Resolution No. 54-79 by title only. "Addendum to Joint Powers Agreement Establishing the Central Coast Self -Insurance Fund." MOTION: Mayor Shelton moved that Resolution No. 54-79 be approved subject to the City Attorney's review and approval. The motion was seconded by Councilman Cantine and carried with Councilman Rosenberg absent. Break: 8:40 p.m. Reconvened: 8:50 p.m. C-3 Resolution No. 55-79 renaming Del Mar Park to Roger Silacci Park. :George Getty spoke in support of the proposed name change noting that Mr. Silacci promoted little league and basketball in Morro Bay and put forth much energy toward the youth. He then read into the record a letter of support from the Booster's Club. He noted that Pacific Gas and Electric, Dave Braga the previous Parks and Recreation Director, and Babe Ruth Baseball have all expressed their support of the name change. Tom Courtney, President of Babe Ruth League, read a letter of support for the name change into the record. MINUTES - MORRO BAY CITY COUNCIL December 10, 1979 Regular Meeting Page 4 Mayor Shelton stated the Council requested the Parks and Recreation Commission to examine the process for the naming of parks. The Commis- sion has chosen to hold off doing this and is still recommending that Del Mar Park be changed to Roger Silacci Park. Councilman Reasor stated he is concerned about naming public facilities after individuals, but would not mind naming events after people. The Parks and Recreation Commission should have taken time to develop a policy for the naming of parks. Councilman Harmon stated that he somewhat agrees with Councilman Reasor. He suggested as an alternative to naming a park after Roger Silacci that the baseball field or a particular event be named after him. Mayor Shelton stated the City has already set a precedent for naming parks, e.g. Keiser Park and Monte Young Park. Therefore, the Parks and Recreation Commission did not feel it was inconsistent with their past actions. Mayor Shelton stated he would recommend this matter be continued to the next meeting to allow for additional public input. Mr. Getty stated the Parks and Recreation Commission voted unani- mously to rename Del Mar Park to Roger Silacci Park, and it should not be shelved and put off. The City already has a precedent of naming parks after people. The City Council requested that staff research the naming of Del Mar Park further to see if it was originally named by an ordinance and if changing the name would require an ordinance revision. Mayor Shelton requested this matter be scheduled for a public hearing at the January 14, 1980 City Council meeting. The Council concurred. C-4 Resolution No. 56-79 adopting Capital Improvement Program for fiscal year 1979/80. Mr. Guluzzy reviewed the resolution with the Council noting the following budget items that would be approved: Water Management Study, Wastewater Treatment Plan, Harbor Dredging and improvements, Del Mar Park, Mass Transportation Program, Capital Equipment Program, Beach Street Stabilization, Storm Drainage Improvements, and Road Resurfacing Improvements. MOTION: Councilman Harmon moved that Resolution No. 56-79 be read by title only. The motion was seconded by Councilman Reasor and carried with Councilman Rosenberg absent. MINUTES - MORRO BAY CITY COUNCIL December 10, 1979 Regular Meeting Page 5 D. HEARINGS,.APPEARANCES, AND REPORTS D-1 Report by Morro Bay Motel Association concerning Community Pro- motions for the City of Morro Bay. Fred Smith, President of the -Motel Association, stated the Asso- ciation feels that the City of Morro Bay could best be promoted by placing monthly, 1/4 page advertisements in Sunset Magazine. The use of billboards along the highway advertising Morro Bay is also a good way to attract people to the City. He noted there are two such bill- boards --one east of Paso Robles and one north of Paso Robles. Mr. Smith stated the Motel Association would be willing to discuss newspaper, radio, and television advertisements with the City, but that they feel the use of Sunset Magazine and billboards will bring the largest re- sponse. Mr. Smith requested the Council provide $4,500 to pay for the billboard signs and $32,841 to pay for the advertisements in the Sunset Magazine for one year. Tina Francis stated that she feels that people -to -people adver- tising is the best. As long as the motels provide good service, than that is the best advertising. Mayor Shelton noted that it would be necessary to development some way to document whether this type of advertising effectively works at drawing people to Morro Bay. He then stated that he would like to see concrete data backing up the request, and whether year-round advertising is necessary or not. The Council concurred and requested this infor- mation for the January 14, 1980 meeting. MOTION: Councilman Cantine moved that the City Council deny the Motel Association's request for funds for the purpose of Community Promotions. The motion was seconded by Mayor Shelton and carried with Councilman Rosenberg absent. Break: 10:20 p.m. Reconvened: 10:30 p.m. D-2 Public Hearing: Morro Bay Garbage request for rate increase. Pat Wagner of Morro Bay Garbage stated the rates have not been increased since February, 1975. Fuel and operation costs have doubled and Morro Bay Garbage can no longer keep up with the tremendous growth in expenses. Mr. Wagner stated he would like for everyone to go to curb service. Mayor Shelton stated because this rate increase has not been reviewed by staff, that he would like for it to be scheduled for the January 14, 1980 meeting. The Council concurred. 0 9 MINUTES - MORRO BAY CITY COUNCIL December 10, 1979 Regular Meeting Page 6 D-3 Public Hearing: Appeal of Planning Commission decision by Robert J. Blake regarding extension of conditional use permit for residence/office complex at 464 Main Street. Mr. Gurnee stated staff and the Planning Commission strongly feel this project is inconsistent with the Land Use Element and General Plan. He then stated if the Council upholds the appeal, then staff would request the matter be referred back to the Planning Commission for re -design and consideration. Mr. Blake reviewed a letter to the Council dated November 14, 1979 which provided the background of the original application for a use permit, the circumstances surrounding his request for an exten- sion on the use permit, and how he feels the proposed project meets the General Plan's stated goals. Councilmen Harmon and Reasor stated they would support the Planning Commission's recommendation. MOTION: Mayor Shelton moved that the Planning Commission decision be upheld based on the following findings: (1) that the project is inconsistent with the Land Use Element of the General Plan and (2) that the project would allow the en- croachment of office uses further south from the downtown area. The motion was seconded by Councilman Cantine and carried with Councilman Rosenberg absent. D-4 Public Hearing: Ordinance No. 174 to allow home occupations to be approved administratively rather than by Council approval. Mr. Gurnee reviewed the proposed Home Occupation Ordinance with the Council noting the general requirements for home occupations, home occupations that would be prohibited and the enforcement. Councilmen Cantine and Reasor stated they would like a provision within the ordinance that would allow for people to appeal a decision made by the Community Development Director to the Planning Commission. MOTION: Mayor Shelton moved that Ordinance No. 174 be amended to reflect an appeal process of the Community Development Director's decision to the Planning Commission. The motion was seconded by Councilman Cantine and carried with Council- man Rosenberg absent. MOTION: Mayor Shelton moved that Ordinance No. 174 as amended, be read by title only. The motion was seconded by Councilman Cantine and carried with Councilman Rosenberg absent. Mr. Guluzzy read Ordinance No. 174 by title only. "An Ordinance amending the Morro Bay Municipal Code Adding a New Section 17.48.270 Regarding Home Occupations." MINUTES - MORRO BAY CITY COUNCIL December 10, 1980 Regular Meeting Page 7 MOTION: Mayor Shelton moved that this constitute the first reading of Ordinance No. 174 as amended. The motion was seconded by Councilman Cantine and carried with Councilman Rosenberg absent. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Councilman Cantine stated that he would like for the Mayor to designate a Councilman to serve on the Water Advisory Committee and the Transportation Committee as of January 1, 1980, because he would be resigning from serving on these committees. Mayor Shelton stated he would like for the Council to think about whether they would like to serve on either of the committees and let him know as soon as possible so that he could appoint the representative to the committees. Mayor Shelton asked what the status of the lease law request was. Mr. LeSage stated the matter needs to be scheduled for a City Council meeting for discussion. Mayor Shelton requested that staffreview the City Attorney's memo concerning the lease law to see if there are any alternatives available to the City, and if so, to schedule it for a hearing in January. Mayor Shelton read a resolution into the record from the League of California Cities regarding the 2% sales tax, wherein it is being requested this matter be placed upon the City's ballot for the election. He requested staff research this and see what alternatives are avail- able to having an advisory election. Mayor Shelton stated he has seen the same people requesting in- formation from the City for quite some time and asked if they have been going through the City Administrator and how much City staff time is being spent on providing this information. He then requested that the City Administrator ask the various departments for a report concerning this matter. The Council concurred. E-2 City Attorney Mr. LeSage requested an Executive Session to discuss pending litigation. E-3 City Administrator Mr. Guluzzy advised the Council that he had received a petition relative to a revision of a parking plan and that staff would review the matter and report to Council on it. MINUTES - MORRO BAY CITY COUNCIL December 10, 1979 Regular Meeting Page 8 Mr. Guluzzy requested the Council authorize a transfer of $4,500 from the 1978/7.9 fund balances to the 1979/80 non -departmental contract services for the purpose of completing the selection, recruitment, psychological profiles, physical examinations, and the hiring of an assessment center for the position of Police Chief. MOTION: Mayor Shelton moved that Resolution No. 62-79 be read by title only. The motion was seconded by Councilman Reasor and carried with Councilman Rosenberg absent. Mr. Guluzzy read Resolution No. 62-79 by title only. "Resolution authorizing Transfer of $4,500 from 1978/79 fund Balances to 1979/80 Non -Departmental Contract Services." Councilman Harmon stated he did not feel a $4,500 expenditure is necessary. MOTION: Mayor Shelton moved that Resolution No. 62-79 be approved. The motion failed for lack of a second. Mayor Shelton, Councilmen Harmon, and Reasor requested this item be scheduled for the December 12, 1979 meeting. Councilman Cantine did not concur with this request. MOTION: Mayor Shelton moved the meeting adjourn to Executive Session The motion was seconded by Councilman Reasor and carried with Councilman Rosenberg absent. The meeting adjourned to Executive Session at 11:47 p.m. and returned to Regular Session at 12:03 p.m. MOTION: Mayor Shelton moved the meeting adjourn to Wednesday, December 12, 1979, at 5:15 p.m. in the City Hall Conference Room for a Study Session. The motion was seconded by Councilman Reasor and carried with Councilman Rosenberg absent. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Penny Deputy City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting December 3, 1979, 5:30 p.m. City Hall Conference Room The meeting was called to order at 5:30 p.m. by Mayor Shelton. ROLL CALL Present: Councilmen Harmon, Reasor, Rosenberg, and Mayor Shelton Absent: Councilman Cantine STAFF PRESENT Donald F. Guluzzy, City Administrator John Bressan, Public Services Director Elizabeth Penny, Deputy City Clerk Capital Improvement Budget Mr. Guluzzy reviewed with the City Council a very rough estimate of the capital improvement needs and revenue -expenditure means of financing these improvements. They were as follows: Sewer Utility Costs and Needs Low Projection High Projection Operation and maintenance Capital Recovery) Costs (Dep.) Capital Improvements Plant Collection system TOTAL ESTIMATED COSTS Present 1979/80 Sewer Budget Projected revenues: Projected expenditures: OPERATING DEFICIT: Water Utilit Operation and maintenance Capital Improvement TOTAL $285,500 $250,000 ($750,000) ($700,000) ($ 50,000) $585,500 $120,000, $144,000 ($ 24,000) $358,500 $400,000 ($850,000) ($750,000) ($100,000) $858,500 1983/84 1.98,3/84 Low Projection High Projection $360,000 $465,000 $825,000 $400,000 $515,000 $915,000 Combined Sewer and Water $39.70/month $54.28/month 0 MINUTES - MORRO Special Meeting, Page 2 Harbor Trust BAY CITY COUNCIL December 3, 1979 Revenues est. Expenditures Dock repair Reserve for dredging APPROPRIATED 1979/80 $213,000 $169,000 $ 10,000 $ 30,000 $209,000 1983/84 1983/84 Low Projection High Projection $256,000 $252,000 $ 10,000 $ 30,000 $292,000 Public Services Street Program Embarcadero Costs $265,000 $275,000 $ 10,000 $ 35,000 $310,000 Traffic signalization $ 200,000 Parks, new street construction, parking lot, realignment $ 600,000 Undergrounding, additional street work $ 320,000 Den -bulk and other property $ 600,000 SUB -TOTAL 1,720,000 Public Services Street Program Downtown Redevelopment Costs Reconstruction of Morro Bay Boulevard and Undergrounding Street reconstruction and realignment Property acquisition Parking lot construction Street trees, landscaping SUB -TOTAL TOTAL Net Cost to Taxpayers Sewer Water Downtown/Embarcadero TOTAL $ 320,000 $ 600,000 $ 500,000 $ 500,000 $ 50,000 1,970,000 $3,690,000 $14.52/month $31,94/month $ 5.00/month $51.46/month Mayor Shelton asked what alternatives are available to the City. Mr. Guluzzy stated the City can seek federal and state grants and is currently looking into possibly replacing the 2" to 3" lines with the assistance of Farmer's Home Administration. At.6:15 p.m. Councilman Harmon arrived. Mr. Guluzzy stated that the Council should consider creating a harbor district or port authority. If the harbor is self-sufficient then it will not impact upon the City's taxpayers and the users would pay for the system. 0 MINUTES - MORRO BAY CITY COUNCIL Special Meeting, December 3, 1979 Page 3 Mayor Shelton suggested that the residents pay half of the cost and the City pay half of the cost. This matter should be put before the citizens to vote upon. Mr. Guluzzy stated the Dial -A -Ride system needs to be looked at to see whether it is cost-effective. Electric buses and fixed routes also needed to be looked into. MOTION: Councilman Rosenberg moved that staff be directed to develop a resolution to be presented at the December 10, 1979 City Council meeting for adoption of the Capital Improvement Pro- gram. The resolution should include: Water Management Study, Wastewater Treatment Plant, Harbor Dredging and Improvements, Del Mar Park, Mass Transportation Program, Capital Equipment Program, Beach Street Stabilization, Storm Drainage Improve- ments, and Road Resurfacing Improvements. The motion was seconded by Mayor Shelton and carried with Councilman Cantine absent. MOTION: Mayor Shelton moved the meeting adjourn to December 10, 1979, at 7:30, p.m., in the Recreation Hall for the Regular City Council meeting. The motion was seconded by Councilman Harmon and carried with Councilman Cantine absent. The meeting adjourned at 7:15 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Penny Deputy City Clerk 0 0 CITY OF MORRO BAY STUDY SESSION AGENDA MORRO BAY CITY COUNCIL NOVEMBER 28, 1979, 5:15 p.m. (1) Police Chief Selection Process (2) City Administrator Status Report: (a) Topics for Second City Newsletter to be published (b) Police Chief Selection Process - Timetable and Reorganization. (c) Annual Report (d) Recall Petitions (e) J.P.A. Amendment Medical/Dental Benefits (f) Program Budget (g) Updated Council -Administrator Policy Calendar (h) Initiative for Community Promotion Spending limitation (i) Tidelands Suit meeting held on 11-28-79 MINUTES - MORRO BAY CITY COUNCIL Study Session November 28, 1979, 5:15 p.m. City Hall Conference Room The meeting was called to order at 5:15 p.m. by Mayor Shelton. ROLL CALL Present: Councilmen Harmon, Reasor, Rosenberg and Mayor Shelton] Absent: Councilman Cantine STAFF PRESENT Donald F. Guluzzy, City Administrator John Bressan, Community Services Director Vaughn Castle, Acting Police Chief Jim Miller, Police Investigator Sharon Lilley, Acting Deputy City Clerk (1) Police Chief Selection Process Don Guluzzy stated that December 15th was the final filing date for Police Chief candidates to submit their resumes for consideration. Mr. Guluzzy stated that he would hope that the final appointment would be made by January 5, 1980. The City Administrator stated that he still did not know the desire of the Council as far as proceeding with an assessment center approach for the hiring process for the Police Chief. If this technique is utilized, then Mr. Guluzzy stated that he would need additional time to prepare the information that would be required. Mr. Guluzzy explained that he had already received two proposals for conducting an assessment center: one was from Cooperative Personnel Services and the other was from Alternative Management Services. A third proposal is yet to come in. Mayor Shelton expressed his only concern with this process was if there was a way to screen the final candidates to determine if their interest was serious and would they accept the appointment if it were offered to them. Mr. Guluzzy responded that to date, 54 applications had already been received, and that he had begun the screening process over the weekend. He stated that 20 of the candidates were top notch and had extensive experience. Mr. Guluzzy further stated that he would conduct investigation reports on the top 3 candidates before the final choice was made. Mt. Guluzzy stated that it would cost approximately between $2,200 and $3,800 to conduct an assessment center. A cost of $4,500 would also include food, lodging, and travel expenses for the candidates. MINUTES - MORRO Study Session - Page 2. WCITY COUNCIL • 11/28/79 Mayor Shelton stated that he did not have any negative feelings regarding the assessment center approach and the Council concurred. The Council then gave direction.fo_ the_Cty Administrator to place this item on the December 10, 1979 agenda to get approval for a budget transfer of funds. Councilman Rosenberg asked how the interviewing schedule would go? Mr. Guluzzy stated that the candidates would spend two days with a professional firm to obtain psychological examinations on December 17th & 18th and then on December 19th, would be interviewed by the City Administrator and the City Council. Mayor Shelton opened the meeting to public comment. Ruth Blanco, S.E.I.U. representative, stated that she knows the representative from Alternative Management Services and feels that his low bid is due to the fact that this is a new firm and that they are probably looking for work. However, she is concerned about his lack of experience and whether he would do the kind of job that we are looking for. Ms. Blanco stated that if the City is going to use the assessment center approach, then we should consider paying a little more but getting well qualified people who are experienced in providing this kind of service. (2) City Administrator Status Report: (a) Topics for Second City Newsletter to be published The second newsletter will be published in the Sun -Bulletin. Potential topics for consideration include: 1. Biographies of department heads 2. New complaint system and telephone system 3. Property Maintenance Code 4. 10% Design Report 5. Result of responses from first newsletter survey 6. Recruitment of Police Chief 7. Capital Improvement Program 8. Local Coastal Plan 9. Citizen Involvement and Participation (i.e. Harbor Advisory Committee) 10. JPA - Medical/Dental Benefits Councilman Reasor arrived at 5:30 p.m. The City Administrator asked for feedback from the Council regarding the topic suggestions for the next newsletter. MINUTES - MORRO BAY CITY COUNCIL Study Session 11/28/79 Page 3. Councilman Rosenberg suggested that the next issue focus on organizational aspects of the City: how the City is organized, who heads the departments and what the department does, how they handle'complaints, and telephone numbers for various departments. Councilman Rosenberg also suggested that we have a summary column in which items can be listed that are currently going on within the City but don't have room to cover in the newsletter. He suggested that if people want more information on a certain topic, a specific person and/or telephone number could be listed for them to contact. Councilman Reasor suggested that perhaps the Veteran's Hall could be reserved and citizens in the community could be invited to meet the City Council and City Staff. He would like to see the newsletter used for those items that are coming up in the near future and for the purpose of keeping the citizens informed and covering those issues that are not covered by the local newspapers. We should be discussing the long term projects that will affect the community. Mayor Shelton then asked what the newsletter should cover? Councilman Reasor stated that it should cover the Local Coastal Plan, the J.P.A. and the 10% Design Report (only on projected costs). He also stated that he does not want to see biographies covered in the newsletter of City.Staff. He suggested that another format could be used --a handout could be prepared and left on the front counter for people to pick-up. Councilman Harmon stated that he did not want to see the J.P.A. or 10% Design Report included because he felt that there had already been sufficient coverage. Mayor Shelton stated we should discuss the various departments and the chain of command of staff and what each department does. The Mayor asked for a consensus of the Council. The following topics were decided upon for coverage in the next newsletter: 1. New complaint system and telephone system 2. Property Maintenance Code 3. Citizen Involvement and Participation 4. J.P.A. *5. Description of Department Heads *The Mayor suggested this topic as an alternate story, if there is room in the next newsletter. Councilman Rosenberg stated that he feels the departments are not equipped to handle lots of citizens inquiries. E MINUTES - MORRO BAY CITY COUNCIL Study Session 11/28/79 Page 4. It was the consensus of the City Council to include all of the topics that were suggested in the next newsletter. Councilman Rosenberg stated that he would like to review the text of the next newsletter before it goes out. Councilmen Harmon and Reasor agreed. Mr. Guluzzy stated that he has no problem with this request other than the time deadline and getting the Council to agree if a change needs to be made. Councilman Rosenberg requested that the Council be given a copy of the newsletter so that they could note any changes which they felt needed to be made. If the City Council and/or City Administrator do not agree on a suggested change, it must come back to the Council for a vote. Councilman Rosenberg stated that he really objected to one of the sentences in the first newsletter, and he would have voted against the newsletter ever going out. The consensus of the Council was to try this method or review. Councilman Rosenberg stated that he may suggest a change and the City Administrator would agree with it, but that the rest of the Council would not see that change until after the newsletter would come out. He stated that this could be a problem but that he was willing to take his chances. (b) Police Chief Selection Process - Timetable & Reorganization The City Administrator stated that there is currently 19 employees within the Police Department. In a report that was submitted by P.O.S.T., they recommended 18 full-time personnel. Mayor Shelton requested that the proposed reorganization be postpones until the June budget session. Councilman Reasor agreed. Mr. Guluzzy stated we should have two patrol officers in the field on each shift and we are currently down to one officer which means there is little coverage on the north end of town. An additional officer would provide another patrol officer in the field and would relieve the Police Chief from having to serve as a back-up officer. Chief Castle stated that he conducted a survey of 10 cities of comparable size and that Morro Bay is the furthest behind in numbers of personnel. Mr. Guluzzy presented a breakdown of the department as follows: (1) Police Chief, (4) Sergeants, (2) Investigators, (7) Police Officers, (4) Dispatchers, and (1) Typist Clerk Mr. Guluzzy stated that under the current proposal, the personnel would be reorganized as follows: (1) Police Chief, (4) Sergeants, (2) Investigators, (8) PoliceCOf%ficers, (4) Dispatchers MINUTES - MORRO BAY CITY COUNCIL Study Session 11/28/79 Page 5. Mr. Guluzzy clarified that Dale Salyer was not included in either of these two breakdowns. Chief Castle stated that the grant that Dale Salyer is working under is going very well and there is good reason to believe that the grant will continue. Therefore, it is not expected that he will return to the department for at least 2-3 years or maybe not at all. Councilman Reasor expressed his concern about the grant position terminating and then not having an open slot for Dale Salyer to return to within the department. Mr. Guluzzy and Chief Castle agreed that attrition would probably take care of that. Chief Castle stated that the officer he has in mind for this additional position would probably accept the appointment on a temporary basis based upon those conditions. Councilman Rosenberg stated that what we need to look at is the proper staffing level for the department 8 patrol officers. He stated we need to look at what it takes to get the work done. Chief Castle stated that most of the complaints received are traffic control problems and that they are occurring because he is unable to field (2) police officers in the day adequately to cover the problems arising during the day. Councilman Reasor stated that he would like to see the P.O.S.T. survey report that was done. Mr. Guluzzy stated the he would get back to the Council with this information. Mayor Shelton had to leave the meeting at 6:15 p.m. and appointed Council Reasor as Mayor Pro Tempore in his absence. Chief Castle stated that if you are not involved in shift work, that it is very difficult to understand the needs of a department on a 24 hour basis. Chief Castle stated that his recommendation was for at least 8 officers to get the job done adequately. He said he could get by with 7 officers but that he could not provide 2 officers in the field at all times. Mr. Guluzzy stated that he would like to have a special meeting on December 20th to discuss the telephone bids. The Council concurred. (c) Annual Report Mr. Guluzzy stated that he is still working on the Annual Report and that he would discuss it later. (d) Recall Petitions Mr. Guluzzy stated that he wanted to keep the Council informed on the recall and that petitions had been received today and that Elizabeth would begin the task of verifying the signatures on Monday, December 3, 1979. MINUTES - MORRO BA)SITY COUNCIL • Study Session 11/28 9 Page 6. (e) J.P.A. Amendment Medical/Dental Benefits Mr. Guluzzy stated that he would like to place this item on the December loth agenda for Council action. Mr. Guluzzy stated that he had met with all three union representatives and other members of the city staff in an open meeting with a representative from Kindler & Laucci to discuss their proposal for Medical/Dental benefits. (f) Program Budget Councilman Reasor asked that the Finance Director work up something showing how the reserve system works indicating the obligated vs the unobligated fund balance. Mr. Guluzzy stated that he would also like to add projected assessment dates of everything that is coming up. (g) Updated Council -Administrator Policy Calendar The City Administrator did not discuss this item. (h) Initiative for Community Promotion Spending Limitation Mr. Guluzzy stated that he had not heard a thing on this item. He also said that he assumed that the Mayor had written a letter but that he would check into the matter. Councilman Rosenberg asked what the status of the Citizen's Advisory Committee was? He stated that the Council has not received any word from that committee in some time and stated that he would like to get a report from them on the formation of the Promotion's Committee. Mr. Guluzzy stated that he would like to have a Special Meeting held on December 3rd (Monday) at 5:30 p.m. in the Conference Room to discuss the Capital Improvements Program. The Council concurred. (i) Tidelands Suit Meeting Held on November 28, 1979 Mr. Guluzzy stated that this item would have to be discussed in Executive Session. MOTION: Councilman Harmon moved that the meeting be adjourned to Executive Session to discuss litigation. The motion was seconded by Mayor Pro Tempore Reasor and unanimously carried. The meeting adjourned to Executive Session at 6:38 p.m. MOTION: Mayor Pro Tempore Reasor moved that the meeting be adjourned to the Special Meeting scheduled for Monday, December 3, 1979, in the City Hall Conference Room, to discuss the Capital Improvements Program. The motion was seconded by Councilman Rosenberg and was unanimously carried. The meeting adjourned at 7:03 p.m. MINUTES - MORRO BAAITY COUNCIL • Study Session 11/28/79 Page 7. Recorded by: DONALD F. GULUZZY, City Clerk By: Sharon Lilley Acting Deputy City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL November 26, 1979, 5:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Award Presentation --Sergeant John Malmquist Public Comment A. CONSENT CALENDAR A-1 Minutes of the October 10, 1979 Adjourned Meeting. A-2 Minutes of the November 13, 1979 Regular Meeting. A-3 Minutes of the November 14, 1979 Executive Session. A-4 Expenditure Report from October 1 through October 31, 1979. (RECOMMEND APPROVAL) A-5 Resolution No. 52-79 accepting negotiated exchange of property tax revenue base from County of San Luis Obispo to City of Morro Bay. (RECOMMEND APPROVAL) B. UNFINISHED BUSINESS B-1 5:50 p.m. Senior Citizens' Center lease agreement. B-2 6:15 p.m. Harbor Advisory Board's recommendation regarding Harbor Patrol Officer. (RECOMMEND DISAPPROVAL) C. NEW BUSINESS C-1 6:35 p.m. Extension of time of construction under lease for slip sites located south of T-Pier. C-2 7:00 p.m. Ordinance No. 171 adopting various Uniform Codes. (RECOMMEND APPROVAL) C-3 7:05 p.m. Amendment to Community Transit Services, Incorporated agreement. (RECOMMEND APPROVAL) D. HEARINGS, APPEARANCES, AND REPORTS D-1 7:05 p.m. Public Hearing: 10% Design Report. D-2 7:45 p.m. Public Hearing: rate increase. D-3 8:10 p.m. Public Hearing: D-4 9:10 p.m Public Hearing: collection service. Brown and Caldwell presentation of Bay Ambulance request for mileage Community Housing Ordinance No. 173. Request for rate increase for garbage E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney --Executive Session (T-Pier discussion). E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 26, 1979 Morro Bay Recreation Hall The meeting was called to order at 5:40 p.m. by Mayor Shelton with the Pledge of Allegiance. A moment of silence followed for invocation. ROLL"CALL Present: Councilmen Harmon, Reasor and Mayor Shelton Absent: Councilmen Cantine and Rosenberg STAFF PRESENT Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney John Bressan, Public Services Director T. Keith Gurnee, Community Development Director Tom McGonagill, Finance Director Tricia J. Witt, Secretary Mayor Shelton stated that items A-2 and A-3, Minutes of the November 13, 1979 Regular Meeting and Minutes of the November 14, 1979 Executive Session re- spectively, were not included in the package and would be pulled and scheduled for a later date. Award Presentation to be made to John Malmquist II, would not be made that evening and would be presented when rescheduled. Mayor Shelton stated that item D-4, Request for Rate Increase for Garbage Collection Service, would not be heard and would be rescheduled. PUBLIC COMMENT No public comment A. CONSENT CALENDAR A-1 Minutes of the October 10, 1979 Adjourned Meeting A-4 Expenditure Report from October 1 through October 31, 1979. (Recommend Approval) A-5 Resolution No. 52-79 accepting negotiated exchange of property tax revenue base from County of San Luis Obispo to City of Morro Bay (Recommend Approval) Councilman Reasor stated he had a question with reference to Item A-4. How much would the city be asked to pay for their share of the exchange of property tax revenue. MINUTES - MORRO BAY (& COUNCIL • November 26, 1979 Page Two Mr. Guluzzy stated the full cost to cover would be $132,000. MOTION: Mayor Shelton moved that Consent Calendar Items A-1, A-4 and A-5 be approved as recommended by staff. The motion was seconded by Councilman Reasor and carried unanimously by roll call vote with Councilmen Cantine and Rosenberg being absent. B. UNFINISHED BUSINESS , B-1 Senior Citizens' Center Lease Agreement. Mr. Guluzzy discussed the seniors citizens' lease agreement and stated that the Board of Directors of the Morro Bay Senior Citizens, Inc. had agreed to furnish personnel for telephone reference service; the publication of a monthly newsletter. The newsletter would include a listing of all programs and activities available to senior citizens at the facility, the keeping of records as required by the Park and Recreation Department concerning use of public buildings and grounds. Mr. Guluzzy stated that the City Park and Recreation Department would agree to furnish janitorial service for the maintenance of the center and if the need arose, for expansion and the acquisition of funds, the Seniors would be permitted by the City Council of Morro Bay to pursue the modifications in accordance with all applicable codes. Mr. Guluzzy informed the Council as to the use of the present senior citizens center. The center would be used by other organizations within the city when not in use by the seniors. The seniors had been before the County Board of Supervisor's with a request for appropriation. The Supervisor's agreed to appropriate $6,000 for 1979/80 provided they have a ten (10) year agreement with the city. City Attorney, Mike Le Sage, stated the lease with the seniors represents a departure from a typical city lease. Insurance provided from lessee and indemnity in favor of the city. In this case, the city is maintaining the premises to insure that if injury is incurred, the city will be liable. Mr. Le Sage stated that this is not written into a typical lease. He also noted that the city will be providing both maintenance and utilities. Mayor Shelton stated that the representatives of the Senior Citizens have worked together to provide for themselves a place to get together. There is an opportunity to move into a more centralized location and the Mayor felt this was a step in the right direction. Molly Bruno, representative for the senior citizens, stated the seniors were very agreeable to what the city had presented. Mr. Gaines asked if a letter could perhaps be written by the Mayor to guarantee the ten year lease for the seniors. In this way, they would be assured of the city's intent in regards to the center. MINUTES - MORRO :BAY •Y COUNCIL • November 26, 1979 Page Three Mr. Guluzzy stated that the guarantee was in affect as long as all requirements are met by the city and the seniors. MOTION: Councilman Reasor moved that the City Administrator and Mayor be authorized to sign this Lease Agreement. The City Administrator or Mayor be directed to send a letter to the Board of Supervisors indicating the city's intent to provide a senior citizens center for the next ten years. The motion carried unanimously by roll call vote with Councilmen Cantine and Rosenberg being absent. B-2 Harbor Advisory Board's recommendation regarding Harbor Patrol Officer. Mr. Guluzzy stated that the recommendation for the Harbor Patrol Officer did not come from the Harbor Advisory Committee. As directed by Council, staff reviewed public safety along the waterfront and sent their report to Council. Staff felt the cost of between $10,000 and $12,000 without any benefit to the city did not warrant the patrol officer status. The area discussed in the report recommended the communication problem be resolved with the use of "walkie talkies", change of schedules to allow a police officer to be available for the night duty, and the possible change of title to patrol officer. Councilman Harmon asked if this would constitute overtime funds or would this be taken in by the regular schedule. Mr. Guluzzy stated this would have to be negotiated, although there would probably be some additional monies expended. Mayor Shelton asked if any data on burglaries and offenses had been taken near the harbor. He also noted that without the ability to carry firearms it is difficult to apprehend a suspect. Discussion followed pertaining to rescheduling within the Police Department, the possible need for additional employees, and crime increase on the waterfront. It was stated by Mr. Cliff Smith of the Harbor Advisory Committee that it was not the Harbor Board that had recommended the patrol officer and the board was surprised to see themselves as the recommending body. Mayor Shelton asked that the Harbor Committee look at this analysis and recommend their findings to the Council. Mr. Smith stated looking at the status the peace officer has, issuance of citations, etc., committee will be coming up with some recommendation along this line. Mr. Ron Baglor spoke from the audience and informed the Council that he was the owner of a boat that had recently been broken into. He stated his agreement to the hiring of a night watchman, if only to let people know that someone is present. Councilman Reasor stated he would like to follow staff's recommendation on this item. MINUTES - MORRO BAY .•Y COUNCIL November 26, 1979 Page Four MOTION: Councilman Reasor moved that the Council deny Public Safety Committee's recommendation recommending the Harbor Patrol Officer status and accept staff recommendation in the matter at this time. Motion was seconded by Councilman Harmon and carried unanimously by roll call vote with Councilmen Cantine and Rosenberg being absent. C. NEW BUSINESS C-1 Extension of Time of Construction under Lease for Slip Sites Located South of T-Pier. Mr. Ray Gallo stated that the lease provides for a plan to be submitted to the Council and then approval of that plan along with submission to involved agencies, such as the Corp of Engineers. Approval for extension to be completed by December, 1979. Leaseholders must construct improvements as planned and as permits given or thelease would be lost. Mr. Gallow asked for continuance for at least 90 days. If the Council agrees to follow suggested settlement of the entire problem, extension of time would have to be more considerable. Mr. Gallo stated they are trying to get together the total package and the 90 day extension should be sufficient. Councilman Reasor asked if rent had been paid on the lease site other than the T-Pier. Mr. Gallo.• indicated that it had. Mayor Shelton stated that he could support an extension of 30 or 60 days and noted that if the city and Mr. Gallo arrived at an impasse, Mr. Gallo would probably opt for some kind of construction program. Mr. Gallo stated that if the city could act on the proposal within 30 days he and his colleagues would be ready. MOTION: Mayor Shelton moved that time for construction of the lease site located south of the T-Pier be extended 60 days from December 31, 1979. Councilman Harmon asked for justification that the proposal would be ready no later than the extended time period. Mr. Gallo stated that the proposal before the Council was justification in itself. The city felt it was a misuse of the area and it was at the city's instigation and request that discussion was even brought up. The motion was seconded by Councilman Reasor and carried unanimously by roll call vote with Councilmen Cantine and Rosenberg being absent. C-2 Ordinance No. 171 Adopting Various Uniform Codes. (Recommend Approval) Mr. Guluzzy stated that the City Council had a second reading on this ordinance which was introduced at the November 12, 1979 Council meeting. The MINUTES - MORRO BAY November 26, 1979 Page Five .Y COUNCIL • ordinance up -dates the Uniform Building Code, Plumbing Code, Mechanical Code and Housing Codes. The State Legislature in 1970 required all cities and counties to adopt the same codes as the State of California for residential construction. There was no public comments or comments from the City Councilmen. MOTION: Mayor Shelton moved that Ordinance No. 171 be read by title only. The motion was seconded by Councilman Reasor and carried with Councilmen Cantine and Rosenberg being absent. Mr. Guluzzy read Ordinance No. 171 by title only. "An Ordinance Amending Certain Section of Ordinance No. 157 and Title 14 of the Morro Bay Municipal Code." MOTION: Mayor Shelton moved this constitute the first reading of Ordinance No. 171. The motion was seconded by Councilman Reasor and carried unanimously with Councilmen Cantine and Rosenberg being absent. C-3 Amendment to Community Transit SerVices,'Inc' Agreement.(Recommend Approval) Mr. Guluzzy stated that this item to be heard was an amendment to the existing contract the city has with Community Transit Services, Inc. to pay for the cost of the maintenance and operation for the run to Cambria via Cayucos. Basically what this agreement deals with is an amendment to the old contract and brings it up to full "snuff" with the new one. The agreement talks about a $7,100 increase on a cost plus basis. Mr. Guluzzy stated the service is five days a week, Monday through Friday, with a run on Saturday and is spelled out in the contract: three round trips daily, Monday through Friday via Cayucos; no service on Sunday or on the following holidays: New Years Day, Thanksgiving and Christmas. Councilman Reasor stated that he would like to know what the city's cost would be for this service. He understood that the county would be bearing a good deal of the cost. Mr. Guluzzy stated that the City of Morro Bay would be paying $6,048 plus 10% and a $504 plus 10% in effect. What this represents is the city's share of the 225 funding. MOTION: Mayor Shelton moved for the amendment to the agreement with Community Transit Services, Inc. as recommended by staff. Motion was seconded by Councilman Reasor and carried unanimously by roll call vote with Councilmen Cantine and Rosenberg being absent. D. HEARINGS. APPEARANCES AND REPORTS D-1 Brown and Caldwell Presentation of 10% Design Report. Mr. Guluzzy introduced the firm of Brown and Caldwell, consulting engineers for the City of Morro Bay, who are providing Step II Engineering MINUTES - MORRO BAY # COUNCIL • November 26, 1979 Page Six Design Services and the Preparation of Plans and Specifications for the construction of the Wastewater Treatment Plant. Mr. Hoover stated that what has been submitted is the first stage of the Engineering Report to the city. This report is a prescribed submittal mandated by the State of California. Mr. Hoover proceeded to review and make presentation of his report dated November 19, 1979 addressed to the city and which detailed the following topics: Evaluation of Ocean Discharge Facilities, Reclaimed Water Quality Study, Evaluation of Innovative Aspects of Treatment Access, Recommended Design Project, Grit, Screenings and Sludge Cake Disposal Study, and Ten Percent Design Report. MOTION: Councilman Harmon moved that approval be granted to the project report and that staff be directed to proceed with negotiations of the project for design by December 10. Motion was seconded by Councilman Reasor and carried unanimously by roll call vote with Councilmen Cantine and Rosenberg being absent. D-2 Bay Ambulance Request for Mileage Rate Increase Mr. Guluzzy stated that the city has received a request from Bay Ambulance for a rate increase of 60t. Mr. Guluzzy made mention of the gas rate increase over the past year and the present rates as charged by San Luis Ambulance, Five Cities, North County, Professional and Bay Ambulance Service. The 60t mileage rate increase request is per patient mile and actual operational mileage is more than twice the patient mileage. The City Council was asked to note also that the collections of patient billings is about 70%. The hearing was open to the public. Mr. Howard Gaines, speaking from the audience, asked if Medicare did not pay for ambulance service. Mr. Barker of the Bay Ambulance Service stated that 80% of allowable charges are paid. On allowable charges, if an ambulance run is okayed by Medicare, they will pay 80% of the fee. Mayor Shelton questioned Mr. Barker, as to what Medicare allows for a run to San Luis Obispo. Mr. Barker stated that Medicare would pay back about 50% of what the present bill would be. Mayor Shelton asked for staff recommendation. Mr. Guluzzy stated that the request looked,reas'onable-- rates and costs have risen in the past year -- both he and Mr. McGonagill, Finance Director, agreed that it is a request that should be given Council approval. Mr. McGonagill stated that the city did not ask for a complete analysis because Mr. Barker provided a profit and loss statement the previous year. MINUTES - MORRO BAY A COUNCIL • November 26, 1979 Page Seven MOTION: Mayor Shelton moved, on the basis of Mr. Barker's presentation that the price for patient mileage be increased to $3.60 from the current $3.00. Motion was seconded by Councilman Reasor and passed unanimously on roll call vote with Councilmen Cantine and Rosenberg being absent. D-3 Community Housing Ordinance No. 173. Mr. Guluzzy stated that this is the second hearing on this Ordinance. A draft was presented at the last Council meeting; this document presented tonight reflects all changes asked by the Council. Mr. Gurnee, Community Development Director, stated this third draft contains rewording shown in italics as well as provisions deleted. Mr. Gurnee stated that one problem area was the requirement that a finding be made that vacancies in the units proposed for conversion have not been created or increased for the purpose of preparing the building for a Community Housing Conversion Project. Mr. Gurnee stressed that this is an important finding. It must be recognized that the finding could not be made if eviction of tenants is for the purpose of conversion. Hearing was open to the public Mr. Bruce Risley, speaking from the audience, asked if the proposed ordinance protects the people of Morro Bay any more than Coastal Commission guidelines. Mr. Gurnee stated that the current guidelines with the Coastal Commi- ssion is that 25% of the units of 16 or more are to be for low to moderate income. Coastal Commission guidelines are more restrictive than this. Notifi- cation, tenant rights -- we have more than Coastal Commission requires. Councilman Reasor stated that from his readings, it seemed the City of San Luis Obispo is far more protective of the tenant than Morro Bay. Mr. Gurnee stated they have a stronger provision as to whether conversion should be allowed at all. This does not affect tenant protection. Councilman Harmon mentioned one small revision in the first section, letter K. Mr. Harmon suggested that the word "clear" be inserted so as to have the stipulation read "Provide owners and landlords of apartments with clear pro- cedures and rules they can use to initiate community housing conversion projects. It was unanimously agreed by the council to have this change made. Mr. Harmon also stated his feeling for voting against the entire ordi- nance stating that he felt there was no problem with the current number of housing rentals within the city. Mayor Shelton stated the importance for a first reading at the present and a second reading at the next meeting. MINUTES - MORRO BAY •Y COUNCIL • November 26, 1979 Page Eight MOTION: Mayor Shelton moved that Ordinance No. 173 be read by title only. The motion was seconded by Councilman Reasor and carried unanimously by roll call vote with Councilmen Cantine and Rosenberg being absent. Mr. Guluzzy read Ordinance No. 173 by title only. "An Ordinance Repealing Section 17.48.240 and 17.48.250 of the Morro Bay Municipal Code and Adding a New Section 17.49.101 Entitled Community Housing Project Regulations." MOTION: Mayor Shelton moved this constitute the first reading of Ordinance No. 173. The motion was seconded by Councilman Reasor and carried with Councilman Harmon voting no; Councilmen Cantine and Rosenberg being absent. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Mayor Shelton stated that he would like to look at the possibility of having a study session with less than three members of the council present. He stated he would like a study session for the forthcoming Wednesday to discuss the process of selection for Chief of Police, the proposal received from the consulting firm relating to the process of selection. Councilman Harmon raised the been vacated by the Chamber of Commerce a new lease be drawn up. City Administrator issue of the Harbor building that has . He stated that the council requested Mr.'Guluzzy stated that the city had received approval for the Wastewater Treatment Program reclamation study for Step 2. Mr. Guluzzy also stated the need for a new Xerox machine in the Public Services and Police Departments -- he would be sending the Council information relating to the cost, rental, etc. of additional machines. Mayor Shelton asked if the city did actually need the additional machines; did the volume of work in those departments warrant the expense. Mr. Guluzzy stated that he was in the process of determing those issues. Mr. Guluzzy informed the council the "No Smoking" ordinance letter had been sent to restaurant owners. .In regard to the Harbor building vacancy, Mr. Guluzzy stated that there was one interested party. However, this would be going out to bid, with a minimum bid of $200 a month. Mr. Guluzzy indicated that Tom McGonagill would be working on the prospective tenants as well as any needed permits. Councilman Reasor asked what the restricted use on the location would be. MINUTES - MORRO BAY .Y COUNCIL November 26, 1979 Page Nine Mr. Guluzzy indicated that it was the recommendation of the Community Development Department and the Planning Commission that it be marine related. MOTION: Mayor Shelton moved the meeting adjourn to Executive Session to discuss the Brebe's T-Pier. The motion was seconded by Councilman Reasor and carried unanimously with Councilmen Cantine and Rosenberg being absent. The meeting adjourned at 8:10p.m. to Executive Session and returned to Regular Session at 9:45 p.m. Recorded by: Donald F. Guluzzy, City Clerk By: Tricia Witt Acting Deputy City Clerk V CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL November 19, 1979, 7:00 p.m. Special Meeting City Hall Conference Room (1) Request for Administrative Assistance. (2) Police Department staff and budget transfer. (3) Personnel Executive Session. [�J A G E: N D A Personnel Executive Session: November 19, 1979 (1) Discussion of Council -Administrator Accomplishments to Date (2) Discussion of Respective Roles of Council and Administrator (a) Discussion of Council Expectations (b) Discussion of Administrator Expectations of Each Role Within Context of ICMA Code of Ethics (3) Evaluation Session (a) Discussion of Strengths of City Administator (b) Discussion of Weaknesses of City Adm� inistrator MINUTES - MORRO BAY CITY COUNCIL Special Meeting November 19, 1979, 7:00 p.m. City Hall Conference Room The meeting was called to order at 7:00 p.m. by Mayor Shelton. ROLL CALL Present: Councilmen Cantine, Harmon, Reasor, Rosenberg, and Mayor Shelton Absent: None STAFF PRESENT Donald F. Guluzzy, City Administrator Elizabeth Penny, Deputy City Clerk Administrative Assistance Request Mr. Guluzzy reviewed five alternatives relating to the hiring of .ministrative Assistant with the Council. Councilman Cantine expressed concern with the request stating he would like to see an additional alternative, that being the person hired be a part of the Department of Finance and Administration. This would then lower the salary. He stated he does not want approximately $25,000 to go for salary, but that he would support this money being utilized for a "grants effort". Councilman Harmon stated he would support alternative #1. Mayor Shelton stated that he disagrees with the rationale used as a basis for formulating the salary. He did not feel that Morro Bay should be compared to cities that have a population of 20,000. Councilman Rosenberg stated that he has a problem with putting this additional person into an already existing department. He felt this would be inefficient and would add to the Finance Director's al- ready overburden of work. MOTION: Councilman Rosenberg moved that the City Administrator be authorized to hire an administrative assistant at a salary not to exceed $20,462.26. Duties will consist of risk management, grantsmanship, general administrative responsi- bilities as needed by administrator, and personnel activities, but will not assume direct supervision over any department. City Administrator is authorized to transfer $20,462.26 from Parks and Recreation budget to Department of Administrative Services. The motion was seconded by Councilman Harmon. MINUTES - MORRO BAY CITY COUNCIL November 19, 1979 Special Meeting Page 2 Councilman Cantine stated that he objects to the motion and does not see the necessity of adding an additional department to the hierarchy of the City. The motion carried with Councilmen Cantine and Reasor voting no. Police Department Staff and Budget Transfer Mr. Guluzzy recommended (1) the Council authorize staff to trans- fer the Clerk Typist III from the Police Department to the Department of Administrative Services and (2) authorize $6,875.00 for personnel costs to hire an eighth police officer for patrol and transfer one existing police officer to perform records work, dispatching, and other administrative duties and responsibilities, and $900.00 for a new typewriter to be added to the Administrative Services budget. Mayor Shelton stated since this is not a long-term permanent change in the Police Department that he would support the recommendation. The circumstances involved here warrant this change and the Police Depart- ment will operate more efficiently with this modification. Councilmen Reasor and Cantine expressed concern with the hiring of an additional police officer on a temporary basis because the police chief would naturally want to strengthen the department as much as possible and would not want to give up the officer at a later date. Councilman Harmon stated he would support the proposal as recom- mended by staff. Councilman Rosenberg stated when he rode in the patrol car he be- came more aware of the responsibilities and duties of the patrol officers. He stated the City is understaffed. Every time a silent alarm goes off two officers must report and then write up a report. Councilman Rosenberg stated there was some type of call every 15-20 minutes. Councilman Reasor stated he rode in a patrol car during the week and the unit did not receive one call. Mayor Shelton stated after additional consideration and dilibera- tion of the issue that he had changed his mind. P.O.S.T. did a study for the City stating that six patrol officers were adequate for the City. He asked in light of Proposition 13 and 4 can the City justify the need the an of patrol officer since Morro Bay already has eight. MOTION: Councilman Harmon moved that the City Council authorize the City Administrator to transfer the Clerk Typist III from the Police Department to the Department of Administrative Services and authorize $6,875.00 for personnel costs and $900.00 for new typewriter to be added to the Administrative Services budget from the General Fund 1978/79 balance. The motion was seconded by Councilman Reasor. 0 MINUTES - MORRO BAY CITY COUNCIL November 10, 1979 Special Meeting Page 3 Councilman Rosenberg stated he would like for the Police Chief to provide a report to the Council addressing the issue of whether he feels an additional patrol officer is needed for the department. The motion carried unanimously by roll call vote. MOTION: Mayor Shelton moved the meeting adjourn for a personnel Executive Session. The motion was seconded by.Councilman Harmon and carried unanimously. The meeting adjourned to Executive Session at 7:50 p.m. and returned to Regular Session at 9:05 p.m. MOTION: Mayor Shelton moved the meeting adjourn to November 26, 1979 for a Regular Meeting at the Recreation Hall at 7:30 p.m. The motion was seconded by Councilman Harmon and carried unanimously. The meeting adjourned at 9:05 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Penny Deputy City Clerk A G E N_D A_ City Council Capital Improvements Review Session November 17, 1979 9:30 a.m.-�12_:15p•m. Recreation Hall Discussion Time Budget Discussion Item 9:30 - 10:00 a.m. Storm Drainage Improvements �10.:-00---11.:30-.a..m..-;' Road-Resur-facing Program_-' 11:30 - 12:00 noon Beach Street Bluff Stabilization 12:00 noon - 12:15 Summary and Recap of Projects Tentatively Approved Appropriations Budget Item Amount Water Management Study $ 88,800 Wastewater Treatment Plant $741,329 Harbor Dredging and Improvements $315,044 Del Mar Park $189,515 Mass Transportation Program $167,305 Capital Equipment Program $278,486 0 CITY OF MORRO BAY STUDY SESSION AGENDA MORRO BAY CITY COUNCIL November 14, 1979, 5:15 p.m. City Hall Conference Room (1) City Administrator's request for administrative assistance. (5:15 p.m. - 5:45 p.m.) (2) Executive Session to discuss personnel. (5:45 p.m. - 6:15 p.m.) (3) Municipal Services Incorporated proposal for potential rede- velopment services for the Downtown/Embarcadero area. (6:15 p.m. - 7:00 p.m.) MINUTES - MORRO BAY CITY COUNCIL Study Session November 14, 1979, 5:15 p.m. City Hall Conference Room The meeting was called to order at 5:20 p.m. by Mayor Shelton. ROLL CALL Present: Councilmen Cantine, Harmon, Reasor, Rosenberg, and Mayor Shelton Absent: None STAFF PRESENT Donald F. Guluzzy, City Administrator Elizabeth Penny, Deputy City Clerk Mr. Guluzzy advised the Council that Manny DeDeos of Municipal Services Incorporated would not be able to attend the meeting, there- fore item (3) "Municipal Services Incorporated proposal for potential redevelopment services for the downtown/embarcadero area" was can- celled. (1) City Administrator's Request for Administrative Assistance. Mr. Guluzzy presented his report dated October 5, 1979 noting the following: (1) the purpose and duties of the position, (2) pro- posed salary range, (3) qualifications of the position, and (4) role of the city administrator. Mayor Shelton and Mr. Guluzzy discussed the proposed salary range for the administrative assistant position and how it relates to the salary of department heads. Councilman Reasor arrived at 5:27 p.m. Councilman Cantine stated (1) he feels the proposal is a very poor structure for the City; (2) it is not in keeping with the Spirit of 13 of cutting down on personnel and overhead; (3) that the things that the City Administrator states he would be able to do should be done by the various department heads; and (4) he does not feel the position's duties and responsibilities warrant the proposed salary. Councilman Cantine and Mr. Guluzzy discussed in detail the func- tion and title of the position proposed. Councilman Rosenberg stated (1) he feels the position is warranted; (2) the Council should draw up guidelines and goals for the proposed position, and (3) that the ultimate choice should be left with the city administrator. MINUTES - MORRO BAY CITY COUNCIL November 14, 1979 Study Session Page 2 Councilman Reasor stated (1) he disagrees with Councilman Rosenberg; (2) he wants the other City department heads to have the opportunity to grow and develop and to go on to become city administrators if they so choose; (3) an account clerk III could be hired to do the grantsmanship; and (4) Proposition 13 needs to be considered. Councilman Harmon stated (1) is called; (2) the issue involved and (3) he would support the City he does not care what the position is that the work needs to be done; Administrator's request. Mayor Shelton stated (1) the Council must realize that there is work that needs to be done; (2) Mr. Guluzzy has made a recommendation concerning the accomplishment of these tasks; (3) the Council could assess in six months whether the tasks as outlined are being completed as anticipated; (4) he would like to see the request scheduled for a public hearing; and (5) the salary should be looked at closely as it relates to being at a level of department heads. Mayor Shelton and Councilman Reasor expressed concern about the proposed salary being at a level of a department head, and yet nog having to be in a supervising capacity. Mr. Guluzzy stated he would like to use the assessment center pro- cess in selecting the Chief of Police. The center would serve as an oral board, screen the applicants down to the top 15 and then to the top 6, run them through various management exercises; and then rank the candidates. The cost would be about $3,800.00 if CPS performed the work. Councilman Cantine expressed concern in the area of organizational crime stating he would like to see the candidate's evaluated and checked out in this area. He then stated he would like for the City Administrator to provide a list of the successive steps that will be involved in the selection process of the Police Chief. Councilman Rosenberg stated the use of an assessment center would draw out information that cannot be obtained from resumes and role- playing situations are used as a tool. He then stated because Morro Bay is a small city it is very important that the Police Chief possess certain qualities. The Council should make a list of the things that they would like to see in a Chief of Police. Mayor Shelton stated this matter should be scheduled for a Regular Council Meeting and a calendar of events provided to the Council. Mayor Shelton left at 6:40 p.m. MOTION: Councilman Rosenberg moved the meeting adjourn to Executive Session. The motion was seconded by'Councilman Reasor and carried with Mayor Shelton absent. MINUTES - MORRO BAY CITY COUNCIL November 14, 1979 Study Session Page 3 The meeting adjourned to Executive Session at 6:40 p.m. and returned to Regular Session at 6:57 p.m. MOTION: Councilman Rosenberg moved the meeting adjourn to Monday, November 19, 1979 for a Special Meeting. The motion was seconded by Councilman Harmon and carried with Mayor Shelton absent. The meeting adjourned at 6:57 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Penny Deputy City Clerk • CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL November 13, 1979, 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR A-1 Minutes of the October 10, 1979 Adjourned Meeting. A-2 Minutes of the October 22, 1979 Regular Meeting. A-3 Minutes of the October 22, 1979 Executive Session. A-4 Expenditure Report: September 1, to September 31, 1979. (RECOMMEND APPROVAL) A-5 Resolution No. 53-79 approving CETA Public Service Employment Worksite Agreement for fiscal year 1980. (RECOMMEND APPROVAL) B. UNFINISHED BUSINESS B-1 Ordinance No. 172 for Federal flood insurance protection. C. NEW BUSINESS C-1 Resolution No. 54-79 accepting storm drain easement and direc- ting recordation for Jennie Gillespie. C-2 Resolution No. 55-79 approving submission of amended Annual Transportation Claim. C-3 Bay Ambulance Service request: 60fi increase in mileage rate. C-4 Covenant agreement: Al Meyers residence located at 257 Main. D. HEARINGS, APPEARANCES, AND REPORTS D-1 City Administrator's report re: newspaper's alledged staff morale problem and City Council meddling. D-2 Public Hearing: Community Housing Ordinance No. 173. D-3 Public Hearing: Visitor Information Center Contract. D-4 Public Hearing: Community Promotions Contract. E. INDIVIDUAT.'DETERMINATION AND''/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 13, 1979, 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order with the Pledge of Allegiance at 7:30 p.m. by Mayor Shelton. Reverend Dear gave the invocation. ROLL CALL Present: Councilmen Cantine, Harmon, Reasor, Rosenberg, and Mayor Shelton Absent: None STAFF PRESENT Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney Tom McGonagill, Finance Director John Bressan, Public Services Director T. Keith Gurnee, Community Development Director Elizabeth Penny, Deputy City Clerk PUBLIC COMMENT Dale Reddell asked if the City Administrator had received a legal opinion about who is allowed to view the recall petitions. Mr. Guluzzy stated the City Attorney researched the matter and the City Clerk or Deputy City Clerk will be the only persons allowed to see the recall petitions. If there is any problem concerning suffi- ciency then the proponents would be allowed to view the petitions. Councilman Cantine asked whether he would be able to view the recall petitions pertaining to himself. Mr. LeSage stated he would not be permitted to do so. Councilman Reasor asked whethera person can remove their name from the recall petition if they feel they have been misled and did not actually want to sign the petition. Mr. Reddell stated the person could send a letter to the City Clerk requesting that their name be removed from the recall petition, but that this must be done prior to the recall petitions being sub- mitted. The City Council directed Mr. LeSage to research the procedure for removing names from the recall petitions and report back to the Council. MINUTES - MORRO BAY CITY COUNCIL November 13, 1979 Regular Meeting Page 2 Mr. Reddell stated as of November 8, 1979 over 1,300 signatures have been collected and only 1,270 signatures are needed. Cliff Smith of the Harbor Advisory Board invited the City Council to attend a meeting at the Veteran's Hall on November 15, 1979. John Richards from the Cooperative Extention of the University of California will be presenting a systems and approach program pertaining to harbor development. A. CONSENT CALENDAR A-1 Minutes of the October 10, 1979 Adjourned Meeting. A-2 Minutes of the October 22, 1979 Regular Meeting. A-3 Minutes of the October 22, 1979 Executive Session. A-4 Expenditure Report: September 1, to September 31, 1979. (RECCOMEND APPROVAL) A-5 Resolution No. 51-79 approving CETA Public Service Employment Worksite Agreement for fiscal year 1980. (RECOMMEND APPROVAL) Mayor Shelton reviewed the Consent Calendar. Councilman Harmon pulled item A-1 for correction. MOTION: Councilman Cantine moved that Consent Calendar items A-2 through A-5 be approved. The motion was seconded by Councilman Harmon and carried unanimously by roll call vote. A-1 Minutes of the October 10, 1979 Adjourned Meeting. Councilman Harmon requested the Deputy City Clerk check her notes concerning page 3, the first motion because the minutes state that Councilman Reasor made and seconded the motion. The City Council concurred and continued item A-1 to the November 26, 1979 meeting. B. UNFINISHED BUSINESS B-1 Ordinance No. 172 for Federal flood insurance protection. Mr. Guluzzy briefly reviewed Ordinance No. 172 with the City Council noting this to be the second reading. MOTION: Mayor Shelton moved that Ordinance No. 172 be read by title only. The motion was seconded by Councilman Cantine and carried unanimously. Mr. Guluzzy read Ordinance No. 172 by title only. "Flood Damage Prevention --Statutory authorization, Findings of Fact and Purpose and Objectives." MINUTES - MORRO BAY CITY COUNCIL November 13, 1979 Regular Meeting Page 3 MOTION: Councilman Cantine moved that Ordinance No. 172 be approved and that this constitute the second reading. The motion was seconded by Councilman Harmon and carried unanimously by roll call vote. C. NEW BUSINESS C-1 Resolution No. 50-79 accepting storm drain easement and direc- ting recordation for Jennie Gillespie. Mr. Bressan stated the easement is for the construction of a storm drain from Magilside Drive down to Front Street. The storm drain is necessary in order to prevent the flooding of properties in the area and to prevent further erosion of the bluff face. Betty Floercky, Harbor View Motor Lodge, asked where the ease- ment was going to located because during bad rain storms the water and mud run onto her property. Mr. Bressan stated there would be a slot drain that would take care of the drainage coming down Magilside Drive. He outlined the location of the storm drain from Magilside Drive to Front Street on a map for Mrs. Floercky. Mr. Bressan concluded his comments stating the mud and water runoff problems should be mitigated with the in- stallation of the easement. MOTION: Mayor Shelton moved that the easement be allowed and the Mayor and City Clerk be authorized to sign the documents for recordation. The motion was seconded by Councilman Rosenberg and carried unanimously by roll call vote. C-2 Resolution No. 49-79 approving submission of amended Annual Transportation Claim. Mr. Guluzzy stated there is an additional $118,725.00 avail- able for the Dial -A -Ride service. MOTION: Councilman Harmon moved that Resolution No. 49-79 be read by title only. The motion was seconded by Councilman Cantine and carried unanimously. Mr. Guluzzy read Resolution No. 49-79 by title only. "Reso- lution approving submission of City of Morro Bay amended Annual Transportation Claim pursuant to the State of California Transpor- tation Development Act of 1971 as amended to January 1, 1979." MOTION: Councilman Harmon moved that Resolution No. 49-79 be approved. The motion was seconded by Councilman Cantine. MINUTES - MORRO BAY CITY COUNCIL November 13, 1979 Regular Meeting Page 4 Councilman Cantine expressed concern with the allocation of the funds going primarily to the Dial -A -Ride system and the Regional Handicapped System and not as large of sum to the North Coastal Transit System. The motion carried by roll call vote with Councilman Cantine voting no. C-3 Bay Ambulance Service request: 60C increase in patient mileage rate. Mr. Guluzzy stated because of the increase of maintenance ex- pense and the rise in the cost of gasoline, the Bay Ambulance Service has requested a 60G increase in mileage rate. Mr. Barker, Bay Ambulance Service referred to his letter dated November 6, 1979 outlining the justification for the rate increase. Mr. Gaines questioned if the cost is based upon a roundtrip. Mr. Barker stated the cost is based on per patient mile. Councilman Cantine and Mayor Shelton stated they would like for additional information to be obtained concerning the request and schedule it for a public hearing at the November 26, 1979 meeting. The City Council concurred. C-4 Covenant agreement: Al Meyers residence located at 257 Main. Mr. LeSage stated he reviewed the covenant agreement and would recommend page 4, number 8, be revised to read: "The license shall continue so long as the owner of record of either or both lots 8 and 9 continues as lessee of the adjoining city lease site 37W granted herein shall be deemed to be personal and shall not bind the land..." Mrs. Kolb distributed a letter dated November 13, 1979 to the Council addressing parking for the Myers property. She felt the covenant did not conform'to the City code and also that approval of the covenant by the City Council should only become effective upon approval by the Coastal Commission. Mrs. Kolb and Mr. LeSage reviewed and discussed the various aspects outlined in the letter dated November 13, 1979 from Joanne Fenton, Attorney for Mrs. Kolb. Mr. Myers stated that he had an agreement with his brother and that they decided they wanted to split the property because they each wanted to build a house. The covenant agreement ties the parking together in a joint agreement. 0 MINUTES - MORRO BAY CITY COUNCIL November 13, 1979 Regular Meeting Page 5 Councilman Rosenberg expressed concern with the City acquiring the right-of-way considering the trade-off the City will be getting. He did not feel it was a fair stipulation to place upon Mr. Myers. Councilman Cantine expressed concern that the necessary access is not provided on the property. Councilman Reasor stated he feels the City's ordinance is specific as it relates to the Planning Commission looking at the adequacy/inadequacy of parking, and should therefore be followed. Mayor Shelton expressed concern with the entire project because he felt the covenant agreement is still a fragment of the original proposal. He felt the covenant and restrictions should be examined by the Planning Commission. Mayor Shelton also stated this matter must be looked at from a long-term standpoint. He concluded his comments stating the Planning Commission is established for the pur- pose of reviewing these types of things and making recommendations to the City Council, therefore, he felt the Commission should be given the opportunity to do so. Mr. Gurnee stated at the previous Council meeting it was deter- mined that the Meyers' residence should proceed and the garage con- struction should be put into an overall master plan. As a condition of lifting the stop -work order covenants should be developed and signed. He stated that all uses and the landscaping would have to be so noted in the Master Plan. Mayor Shelton expressed concern with the development of the covenants not incorporating the restrictions concerning the garage. He did not feel that the Master Plan would be sufficient to insure that this was done. Mr. Gurnee stated if the Meyers did not complete the garage as it will be outlined in the Master Plan, then they would not receive their entitlements. Councilman Harmon stated that any objections he had previously have been worked out and that he feels there is sufficient leverage within the requirements of the Master Plan to insure that the neces- sary work is completed. MOTION: Councilman Rosenberg moved that the agreements be approved and the Mayor and City Clerk be authorized to sign them relative to the Meyers' holdings as amended. The motion was seconded by Councilman Harmon. MINUTES - MORRO BAY CITY COUNCIL November 13, 1979 Regular Meeting Page 6 Councilman Cantine stated there is no reason that the house should be held up any longer. He also stated that he feels the pro- visions of providing parking is the only suitable use for the land as it relates to the Tidelands and the Marina. Councilman Cantine said he would vote for the motion reluctantly because he does not want to set a precedent, but that he does want to insure that permanent access and parking in a situation like this merits priority action. He concluded his comments stating before the Council grants any Tidelands lease that the Council should achieve permanent access and the parking required for the Tidelands. The motion carried by roll call vote with Mayor Shelton voting no. D. HEARINGS, APPEARANCES, AND REPORTS D-1 City Administrator's report re: newspaper's alleged staff morale problem and City Council meddling. Mr. Guluzzy advised Council that he had met with the City's de- partment heads and City Hall staff concerning the above and submitted the following results: (1) overall morale in City Hall is not low, but the anti -government mode engendered by Prop 13, recession, and high inflation have created a negative atmosphere have made the tasks of working in government more difficult and trying; (2) the absence of department heads during the transition phase of the City caused staff concerns; (3) the need for the City Council and City Administrator to address their respective roles; and (4) the role of citizen ad -hoc committees. Mayor Shelton recommended the City Council accept the report and instruct the City Administrator to submit additional information as it becomes available. The City Council concurred. Break: 9:40 p.m. Reconvened: 9:48 p.m. D-2 Public Hearing: Community Housing Ordinance No. 173 Mr. Gurnee reviewed the ordinance with the City Council noting that the Council's corrections proposed at the November 5, 1979 meeting had been incorporated. He expressed concern with Section 17.49.070.B containing a "loophole" relating to vacancies occuring from expiration of lease or eviction of tenants, the Planning Commis- sion would not be able to find that these vacancies were purposely created to allow the conversion. The City Council discussed the ordinance in great length making recommended changes. MINUTES - MORRO BAY CITY COUNCIL November 13, 1979 Regular Meeting Page 7 MOTION: Councilman Cantine moved that staff be directed to revise the ordinance with the changes the Council discussed and present the ordinance at the November 26, 1979 meeting. The motion was seconded by Mayor Shelton and carried unanimously by roll call vote. D-3 Public Hearing: Visitor Information Center Contract. Councilman Rosenberg briefed the Council about the development of the contract, how he had worked with the San Luis Obispo Chamber of Commerce, their relationship with the City, etc. Mr. Gaines expressed concern with the Council addressing the visitor information center contract prior to seeing the results of the initiative petition dealing with the spending of the community promotion funds. Councilman Cantine left the meeting at 11:05 p.m. and returned to the meeting at 11:07 p.m. Mr. Campbell stated that he is concerned with the relationship between the City and the Chamber of Commerce. MOTION: Mayor Shelton moved that the second "WHEREAS" read as follows: "WHEREAS, City desires to have a firm to perform certain visitor and tourist information services for City; and" The motion was seconded by Councilman Harmon and carried with Councilmen Harmon, Reasor and Mayor Shelton voting yes; and Councilman Rosenberg voting no; and Council- man Cantine abstaining. MOTION: Mayor Shelton moved that the first paragraph words "a non- profit organization" be deleted. The motion was seconded by Councilman Harmon and carried unanimously. MOTION: Mayor Shelton moved that page 2, item 2 read as follows: "Awardee will maintain a public office within City of Morro Bay at a location acceptable to the City Council, and will maintain a staff capable of operating a visitor information center." The remainder of the first sentence should be deleted. The motion was seconded by Councilman Harmon and carried with Councilman Harmon and Mayor Shelton voting yes; Councilmen Cantine and Reasor abstaining; and Councilman Rosenberg voting no. MOTION: Mayor Shelton moved that page 2, item 2, second sentence read as follows: "Said office will provide information to resi- dents, visitors, and business and professional people." The motion was seconded by Councilman Harmon and carried unani- mously. MINUTES - MORRO BAY CITY COUNCIL November 13, 1979 Regular Meeting Page 8 MOTION: Mayor Shelton moved that page 3, item "a" read as follows: "F.irm>willemploy sufficient and competent personnel to carry on the duties and responsibilities herein described." The motion was seconded by Councilman Harmon and carried unani- mously. MOTION: Councilman Rosenberg moved that page 4, item "4a" read as follows: "Commencing and continuing to June 30, 1980, City shall pay Firm the sum of per year, payable in monthly installments..." The motion was seconded by Councilman Harmon and carried with Councilmen Harmon, Rosenberg, and Mayor Shelton voting yes; and Council- men Cantine and Reasor abstaining. MOTION: Councilman Rosenberg moved that staff be directed to request appropriate bids for the Visitor Information Center contract as amended, and that the City Attorney insert the appropriate clauses within the contract dealing with liability and in- surance. The motion was seconded by Councilman Harmon and carried by toll,•call:,vote..with.Councilmen Harmoh,--Rosenbergr, and Mayor Shelton voting yes; and Councilmen Cantine and Reasor voting no. D-4 Public Hearing: Community Promotions Contract. Mayor Shelton stated that he would like for page 2 to be revised with a provision that would insure that the City of Morro Bay is being promoted and not the organization that would be doing the promotional work. Councilman Harmon stated the term non-profit corporation should be deleted and read organization. Mr. Le Sage stated the contract should be amended to include in- surance provisions. MOTION: Councilman Rosenberg moved that the City Council direct staff to request that bids be submitted to do the City's community promotions and incorporate the above recommendations into the contract. The motion was seconded by Councilman Harmon and carried unanimously by roll call vote. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Councilman Rosenberg asked for a status report concerning the parking on Morro Bay Boulevard. MINUTES - MORRO BAY CITY COUNCIL November 13, 1979 Regular Meeting Page 9 Mr. Bressan provided a report noting that staff had discussed vari- ous parking proposals and traffic routing of this area and that a parking space analysis was also being conducted. Councilman Harmon asked what the status of the Harbor Advisory Board's recommendation concerning a harbor patrol officer. Mr. Guluzzy stated this matter would be assessed by staff and placed upon the next Council agenda. Councilman Harmon asked if there was any additional information concerning the possibility of getting a bus shelter over the bus stop in Morro Bay. Mr. Bressan stated the Kiwanis Club and the Fire Chief are dis- cussing this matter at this time. MOTION: Councilman Rosenberg moved the meeting continue to 12:30 p.m. The motion was seconded by Mayor Shelton and carried with Councilman Harmon voting no. The City Council discussed Morro Bay's requested subscription of water from Naciamento Lake, the possibility of having to lessen the request and the need for additional figures from Mr. Milne at the County. The Council decided to schedule this matter for additional discussion at the November 26, 1979 Council meeting. E-2 City Attorney None. E-3 City Administrator Mr. Guluzzy requested the Council authorize the Water Management Plan contract between the City of Morro Bay and Brown and Caldwell be increased from $55,000 and not to exceed $59,000. MOTION: Mayor Shelton moved that the City Council raise the dollar figure from $55,000 and not to exceed $59,000 for the Water Management Plan contract between the City and Brown and Caldwell. The motion was seconded by Councilman Rosenberg and carried unanimously by roll call vote. Mr. Guluzzy advised the Council that the no -smoking ordinance has been reprinted onto a single sheet and will be mailed to all the restaurants. Mr. Guluzzy advised the Council that the Senior Citizen's lease agreement would be scheduled for a public hearing on November 26, 1979. 0 MINUTES - MORRO BAY CITY COUNCIL November 13, 1979 Regular Meeting Page 310;': ! MOTION: Mayor Shelton moved the meeting adjourn to Wednesday, November 14, 1979, at 5:15 p.m. for a Study Session in the City Hall Conference Room. The motion was seconded by Councilman Rosenberg and carried unanimously. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Penny Deputy City Clerk ly Administrator Report Donald F. Guluzzy, City Administrator A G E N D A Report No. 11-10-79 Date CITY COUNCIL CAPITAL 'IMPROVEMENTS REVIEW SESSION November 10, 1979, 9:30 a.m. - 1:30 p.m., Council Chambers Discussion Time ' Budget Item 9:30-9:50 a.m. I Water Management Study 9:50-10:10 a.m. II Wastewater Treatment Plant 10:10-10:30 a.m. III Harbor Dredging and Improvements 10:30-10:40 a.m. IV Del Mar Park 10:40-11:00 a.m. V Mass Transportation Program 11:00-12:10 p.m. VI Capital Equipment Program 11:00-11:30 a.m. .(a) Purchase of new fire truck 11:30-11:40 a.m. (b) Purchase of new computer 11:40-11:42 a.m. (c) Purchase of copying machine (already purchased) 11:42-12:10 p.m. (d) Purchase of 2 new compact cars for replacement of: (1) 1966 Ford Custom (80,000 miles); (2) 1969 Chevy Impala (80,000 miles). Plymouth Volarie and Dodge Aspen are dealer estimated at $6,100 each. 12:10-12:30 p.m 12:30-1:00 p.m. 1:00-1:30 p.m. (e) Replacement of 82 wharfhead fire hydrants $55,000 (f) Purchase of street paving machine (8' width)$25,00q (g) Purchase of telephone system $44,000 595 Harbor Street Morro Bay, Califomia 93442 (805) 772-2212 CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL October 22, 1979, 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR A-1 Minutes of the October 8, 1979 regular meeting. A-2 Expenditure Report for the period covering September 1, 1979 through September 30, 1979 (RECOMMEND APPROVAL) A-3 Renewal of Mutual Aid Agreement between the City of Morro Bay and the County Fire Department. (RECOMMEND APPROVAL) A-4 Resolution No. 52-79 approving Notice of Completion and final acceptance of street resurfacing on South Bay Boulevard, Harbor Street, and Monterey Street. (RECOMMEND APPROVAL) A-5 Resolution No. 51-79 approving Notice of completion of construc- tion project for storm drains on Sienna -Sandalwood; Avalon -Ironwood Phase II; Main Street to Cypress Street; Pacific to Market Street; and Tulare to Ridgeway. (RECOMMEND APPROVAL) B. UNFINISHED BUSINESS None. C. NEW BUSINESS C-1 Ordinance No, 172 for Federal flood insurance protection. C-2 Resolution No. 50-79 approving Joint Powers Agreement between the City of Morro Bay and the South Bay Fire Department. D. HEARINGS, APPEARANCES', AND REPORTS D-1 Grace Hedges of the Police Chief Executive Ad -Hoc Committee pre- senting profile concerning position of Police Chief. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator Executive Session with Attorney Michael T.'LeSage to discuss T-Pier and other pending matters. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 22, 1979, 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order with the Pledge of Allegiance at 7:30 p.m, by Mayor Shelton. Reverend Dear gave the invocation. Present: Councilmen Cantine, Harmon, Reasor, Rosenberg, and Mayor Shelton Absent: None STAFF PRESENT Tom McGonagill, Finance Director Michael T. LeSage, City Attorney John Bressan, Public Services Director Bernie Zerr, Fire Chief Elizabeth Penny, Deputy City Clerk PUBLIC COMMENT No public comments were offered. A. CONSENT CALENDAR A-1 Minutes of the October 8, 1979 regular meeting. A-2 Expenditure Report for the period covering September 1, 1979 through September 30, 1979 (RECOMMEND APPROVAL) A-3 Renewal of Mutual Aid Agreement between the City of Morro Bay and the County Fire Department. (RECOMMEND APPROVAL) A-4 Resolution No. 52-79 approving Notice of Completion and final acceptance of street resurfacing on South Bay Boulevard, Harbor Street, and Monterey Street. (RECOMMEND APPROVAL) A-5 Resolution No. 51-79 approving Notice of Completion of construc- tion project for storm drains on Sienna -Sandalwood; Avalon -Ironwood Phase II; Main Street to Cypress Street; Pacific to Market Street; and Tulare to Ridgeway. (RECOMMEND APPROVAL) Mayor Shelton reviewed the Consent Calendar and requested items A-1 and A-2 be pulled. The Council concurred. MOTION: Councilman Harmon moved that Consent Calendar items A-3 through A-5 be approved. The motion was seconded by Mayor Shelton and carried unanimously by roll call vote. A-1 Minutes of the October 8, 1979 regular meeting. MINUTES - MORRO BAY CITY COUNCIL October 22, 1979, Regular Meeting Page 2 Mayor Shelton noted that the Deputy City Clerk had not made the appropriate correction from the previous meeting, to the August 27, 1979 minutes on page 10. Mayor Shelton stated Steve MacElvaine's comment should read as it was originally submitted and the correction should have been made on Mayor Shelton's comment that was continued from page 9 to read: "...agree with Mrs. Rowland's suggestion of 1,500 acre feet..." A-2 Expenditure Report for the period covering September 1, 1979 through September 30, 1979 (RECOMMEND APPROVAL) Mayor Shelton stated since the Expenditure Report was distributed at the Council meeting, that he has not had sufficient time to review it, therefore, he requested it be continued to the October 22, 1979 meeting. The Council concurred. MOTION: Mayor Shelton moved that item A-1 be approved as amended. The motion was seconded by Councilman Cantine and carried unanimously by roll call vote. B. UNFINISHED BUSINESS None. C. NEW BUSINESS C-1 Ordinance No. 172 for Federal Flood Insurance Protection. Mr. Bressan stated this is an ordinance that is required by the Federal government. He noted that public hearings concerning the ordi- nance had been held, and that approval was a formality so that the ordinance could be incorporated into the City's Code. MOTION: Councilman Reasor moved that Ordinance No. 172 be read by title only. The motion was seconded by Councilman Harmon and carried unanimously. Mr. McGonagill read Ordinance No. 172 by title only. "Flood Damage Prevention Ordinance." MOTION: Councilman Reasor moved this constitute the first reading of. Ordinance No. 172. The motion was seconded by Council- man Cantine and carried unanimously by roll call vote. C-2 Resolution No. 50-79 approving Joint Powers Agreement between the City of Morro Bay and South Bay Fire Department. 0 MINUTES - MORRO BAY CITY COUNCIL October 22, 1979 Regular Meeting Page 3 Chief Zerr stated the purpose of the agreement is to (1) share fire fighting training facilities and (2) share equipment -and re- sources whenever possible in order to avoid duplicating costs. Councilman Rosenberg suggested item #8 be amended to read: "...In the event of any such termination, unless such parties otherwise agree in writing, such training facility and all other equipment obtained under the Joint Powers Agreement shall become the sole property of the City or County as determined by mutual agreement. If mutual agreement cannot be reached the equipment shall be sold. Upon the effective date of such termination, City shall pay to County or County shall pay to City the joint ventures percentage interest in the market value of im- provements or equipment within (1) one year,..." The Council concurred. MOTION: Mayor Shelton moved that Resolution No. 50-79, as amended, be read by title only. The motion was seconded by Councilman Rosenberg and carried unanimously. Mr. McGonagill read Resolution No. 50-79 by title only. "Reso- lution approving Joint Powers Agreement between the City of Morro Bay and the South Bay Fire Department." MOTION: Councilman Rosenberg moved that Resolution No. 50-79, as amended be approved. The motion was seconded by Mayor Shelton and carried unanimously by roll call vote. D. HEARINGS, APPEARANCES','AND REPORTS D-1 Police Chief Executive Ad -Hoc Committee Report. Grace Hedges, of the Police Chief Executive Ad -Hoc Committee read into the record the Committee's report based upon their meeting of October 15, 1979. She noted the members of the committee; provided an overview of the present Police Department; discussed the development of a profile for filing the position of Chief of Police noting the qualities to look for in the person; and the publications that the position should be advertised in. Mayor Shelton stated he would send letters to the members of the Committee thanking them for their efforts. Councilman Cantine stated he is concerned with a couple of areas that have not been addressed by the Committee which are: the drug problem in the Morro Bay High School and all youth activities. He then stated in addition to the Ad -Hoc Committee's report, he would like for a group of professionals to make recommendations to the Council of qualities to look for in a Chief of Police. Councilman Cantine concluded his comments stating that he would like to devote a portion of a City Council meeting or Executive Session to discuss this matter to make sure the Council has all of the professional guidance in making the selection of Chief of Police. MINUTES - MORRO BAY CITY COUNCIL October 22, 1979, Regular Meeting Page 4 Mayor Shelton stated the City's ordinance reads that the City Administrator shall make the final selection of Chief of Police. He then stated he does not feel the City Administrator should have the sole authority to make the final selection. The City Council should give specific and concrete direction as to what kind of a Chief of Police the Council wants. Councilman Rosenberg suggested that the Council develop a profile on the Chief of Police position, pass it by resolution, and provide it to the administrator for guidance. Mrs. Hedges stated the committee did discuss the drug problem, but did not feel a step-by-step report of each individual area should be done, but provided more general qualitites. Councilman Reasor requested the Deputy City Clerk research the September 12, 1979 minutes and/or tape to see if there was an actual vote taken and the composition of the vote as it relates to who will make the selection of Chief of Police. The Council concurred. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Councilman Rosenberg stated he rode with the police patrol on Saturday and suggested that the other Councilmembers take advantage of this. It was not only educational as to what the Police Depart- ment does, but it assisted in seeing what some of the problems the Police are faced with, how they deal with them, and the courteous attitude the officers have. Councilman Rosenberg addressed the issue of curb parking in front of the theatre. The Council's original objective was to maintain two hour parking during the day, and have a loading zone only when the theatre was open. The Council directed staff to paint the curb green and initiate an ordinance revision that would effect this change. It turns out that the ordinance already exists and it is Section 10.36.120 entitled "Curb Markings". There is an amendment to the section dealing with a white (loading) zone that states: "a loading zone in front of a theatre is not applicable when the theatre is closed." The problem is, if the Council goes back and paints the curb white, most people are not aware of the section in the City's ordinanc as stated above, and will treat it as a loading zone and the Council will have the same problem as before. Councilman Rosenberg then sug- gested that the curb be painted white again, but post a sign clari- fying the City's intent. The Council discussed with John Bressan the historical use of the parking in front of the theatre, the possibility of needing an ordi- nance change, the posting of a sign in the area, and the effects these changes would have on the area in terms of parking. MINUTES - MORRO BAY C•Y COUNCIL • October 22, 1979, Regular Meeting Page 5 Councilman Cantine suggested the sign read: "Unloading Only 6:00 p.m. to 2:00 p.m." rather than reading: "Three Minute Parking". MOTION: Councilman Rosenberg moved that the City council's intent is: (1) have two parking spaces in front of the theatre, (2) re- vert to a white zone, and (3) errect appropriate sign. The motion was seconded by Councilman Cantine and carried unani- mously. Councilman Rosenberg addressed two draft contracts relating to a Visitor Information Center and Community Promotions. He noted a cor- rection to the Visitor Information Center contract, item 4(a), stating it should not state an explicit dollar figure. Ile then suggested the two contracts be scheduled for the November 13, 1979 Council meeting. MOTION: Mayor Shelton moved that the two contracts relating to a Visitor Information Center and Community Promotions be scheduled for a public hearing at the November 13, 1979 meeting. The motion was seconded by Councilman Rosenberg and carried unanimously. Councilman Rosenberg asked what the status of the Ci.ty's news- letter is. Mr. McGonagill stated the newsletter is at the printers and will be delivered by Postal Instant Press by November 6, 1979. Councilman Cantine stated he feels it is an absolutely inappro- priate act not to submit the completed newsletter to the Councilmin its final form prior to dissemination. He then stated the reason he feels this way is because the draft newsletter that he saw was a totally ineffective newsletter, therefore, the newsletter should have returned to Council prior to distribution. Mayor Shelton stated it is too late to do anything about it, if the Council wanted to write the newsletter then they should have done so, but since the Council directed the City Administrator to write it then the Council must deal with it on this basis. Councilman Rosenberg stated he would like to have the City Admini- strator's report concerning his request for assistance scheduled for a Council meeting under "New Business". Councilman Reasor expressed concern with the City's ordinance as it relates to the relationship and/or authority of the City Admini- strator and City Council. The ordinance does not grant the Council the right to participate in any of the department head hires other than the City Administrator, City Attorney, and City Engineer. The City of San Luis Obispo provides that all decisions of the City MINUTES - MORRO BAY CITY COUNCIL October 22, 1979, Regular Meeting Page 6 Administrator are subject to review or approval by the City Council. He stated he is concerned with Morro Bay's ordinance because the Council must essentially be responsible for the person who is placed in a critical position, e.g. Chief of Police. Since the Council is responsible for this, the Council should at least have some means of providing input to the hiring of this person. He then requested the Council review the City of San Luis Obispo's ordinance as it relates to the relationship of the Council and City Administrator and consider it as an amendment to the Morro Bay City's ordinance. The Council requested that staff obtain a copy of San Luis Obispo's ordinance as it relates to the above matter and forward it to Council for review. Councilman Rosenberg stated he is opposed to the concept being proposed and that the problem is that no one wants to delegate manage- ment. He stated he feels the Council should work towards developing a good working relationship with staff, rather than setting these types of controls. Councilman Cantine stated because the City is so small, he feels the Council does need to get involved in the hiring of department head personnel, therefore he stated he would support Councilman Reasor's suggestion. The City Council stated they would be holding a meeting with the City Administrator in the future to discuss their working relationship, etc. Mayor Shelton stated he would like for staff to be directed to review the City's lease law for the following: (1) whether our law en- forcement people are using the ordinance as a guideline when they go out after a complaint, (2) are the animal control people using this as a guideline when they respond to a complaint, and (3) is this the best the City can do to control the negligence of unleased animals in the community. He then stated the reason he wants this report is to see whether the Council can develop a finer ordinance, or whether the current ordinance is adequate, and if the City is enforcing it correctly. The Council concurred. Councilman Rosenberg stated the County has the actual housing faci- lity for the animals, but the Morro Bay Police Department usually receive the complaint calls. The Police Department cannot do anything with the animals because they have no where to put them. They cannot transport the animal in the back of a police car because the State will not permit the City to then use that vehicle for the transport of people. Also, there is the problem of taking a police officer and police car out of the City to the County facilities. He then suggested this matter be scheduled for a Study Session for further discussion. MINUTES - MORRO BAY CITY COUNCIL October 22, 1979 Regular Meeting Page 7 Mr. Campbell stated everyone is passing the buck. The Morro Bay Police Department will not answer a complaint on a dog unless there is an injury involved. They tell you to call the pound and the pound tells you to call someone else. Mr. Campbell asked about getting the weeds abated in the area of the Harbor Street tract. Mayor Shelton stated he would direct the City Administrator to re- spond to Mr. Campbell's concerns upon his return from the ICMA Con- ference. Mayor Shelton stated he would like to request the Council estab- lish a policy of granting a three minute maximum time allowance for each individual who speaks under the "Public Comments" portion of the agenda. The reason for this is because the Public Comments portion of. the agenda is being abused. If the public wants more than three minutes then the item should be placed on a Council agenda. He then stated he would keep track of the time. MOTION: Mayor Shelton moved that the City Council establish a policy that would limit and prescribe a three minute time limit to each individual who speaks under the "Public Comments portion of the agenda", and direct staff to make a notation on the City Council agendas under "Public Comments", in parenthesis to read: "If the presentation by the individual, or organi- zation making the presentation, is in excess of three minutes that the item should be agendaized under public hearing." The motion died for lack of a second. Councilmen Cantine and Harmon and Rosenberg stated they were not prepared to respond to the motion at this time. Mayor Shelton stated he would bring this matter up at the next Council meeting for Council action. Councilman Cantine stated he would like to have an Executive Session to discuss personnel with Council members only. E-2 City Attorney Mr. LeSage requested an Executive Session to discuss litigation. E-3 City Administrator None. • 0 MINUTES - MORRO BAY CITY COUNCIL October 22, 1979 Regular Meeting Page 8 MOTION: Mayor Shelton moved the meeting adjourn to Executive Session to discuss litigation. The motion was seconded by Councilman Reasor and carried unanimously. The meeting adjourned at 9:17 to Executive Session and returned to Regular Session at 10:10 p.m. Recorded by: Donald F. Guluzzy, City Clerk By: Elizabeth. Penny Deputy City Clerk f- ob a CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL STUDY SESSION October 10, 1979, 5:15 p.m. to 7:00 p.m. City Hall Conference Room (1) 5:15 p.m. - 6:00 p.m. Presentation by Richard Fisher regarding housing proposal. (2) 6:00 p.m. - 6:30 p.m. Discussion of city administrator's request for personnel assistance and status report. (3) 6:30 p.m. - 7:00 p.m. Executive Session concerning personnel matters. t MINUTES - MORRO BAY CITY COUNCIL Adjourned Meeting October 10, 1979, 5:15 p.m. City Hall Conference Room The meeting was called to order at-5:20 p.m. by Mayor Shelton. ROLL CALL Present: Councilmen Cantine, Harmon, Reasor, Rosenberg, and Mayor Shelton Absent: None STAFF PRESENT Donald F. Guluzzy, City Administrator T. Keith Gurnee, Community Development Director John Bressan, Public Services Director Bernie Zerr, Fire Chief Vaughn Castle, Acting Police Chief Elizabeth Penny, Deputy City Clerk B. HEARINGS, APPEARANCES, AND REPORTS B-5 Public hearing on second draft of the Community Housing Ordinance that would regulate condominiums and condominium conversions. Mayor Shelton stated because of the time constraints involved with the Study Session, the numerous items to complete, and the lack of public attendance, he requested that the Community Housing Ordinance be scheduled for a public hearing at the October 22, 1979 City Council meeting. The Council concurred. D. NEW BUSINESS D-1 Renewal of Mutual Aid Agreement between the City of Morro Bay and the County Fire Department. Chief Zerr stated the agreement is basically the same as the one approved in 1974. He then stated he would like for the agreement to be open/end with a 30 days notice of termination in writing. Mayor Shelton expressed concern with Morro Bay's Fire Department responding to calls from the area of where the bridge is located by the dump on Turri Creek Road, because the County is not providing any kind of reimbursement to the City. Councilmen Cantine and Reasor concurred. Councilman Cantine stated he would like for the County to be con- tacted to see if there could be some off -setting rewards from the County to the City, in exchange for services provided by Morro Bay's Fire Department. Councilman Reasor and Mayor Shelton concurred. MINUTES - MORRO BAY CITY COUNCIL October 10, 1979 Adjourned Meeting Page 2 MOTION: Mayor Shelton moved that the City Administrator and Mayor be directed to sign the Mutual Aid Agreement with the State Department of Forestry and San Luis Obispo County Fire Department. The motion was seconded by Councilman Reasor. Councilmen Reasor, Rosenberg, and Cantine stated they would like to continue this matter to the next meeting to allow staff time to contact the County concerning any possible trade-offs for services. Councilman Harmon stated he would like to have this matter placed on the Consent Calendar of the October 26, 1979 meeting. Mayor Shelton withdrew his motion and Councilman Reasor withdrew his second to the motion. D-2 Resolution No. 48-79 designating Morro Bay's selection of Federal Aid Urban Project(s). Mr. Bressan stated staff would recommend the City Council support two projects--(1) overlay of pavement for Main Street from Yerba Buena to Elena with an estimated cost of about $75,000 and (2) install a traffic actuated traffic signal at the intersection of Main Street and Route #41. This also involves on and off ramps for State Route #1. This would be a joint State/City project at a cost of about $60,000. Mayor Shelton asked if there are any other areas in Morro Bay that warrant signalization. Mr. Bressan stated there are about four areas in the City that need to be signalized and that are eligible for FAU funding to some degree. He then stated if the Council supports the overlay project it could probably be completed within fiscal year 1979/80 and the signalization would take about two years to complete because of neces- sary approvals from the State. Councilman Reasor expressed concern with the proposed signaliza- tion project at Highway 41 stating he had spoke to several people in the area who feel there is not a need for a signal, and that the four- way stop works very well. He concluded his comments stating he did not support the project when it was previously discussed, and that he does not support it now because he does not feel it is needed at this time. Councilman Cantine stated the Morro Bay Boulevard merchants are concerned with "breaking up the speed" on Morro Bay Boulevard and a police car is not the answer. The two criticals points are Kern and Morro Bay Boulevard; and Napa and Morro Bay Boulevard. Therefore, he stated he would like for a study to be done of Morro Bay Boulevard along with a proposal prior to instituting signalization at Main Street and Route #41. MINUTES - MORRO BAY CITY COUNCIL October 10, 1979 Adjourned Meeting Page 3 Mr. Bressan stated he has already started doing an indepth survey involving the pedestrian crossing times, traffic counts and movement, etc. So far, the survey indicates that stop signs are not warranted and that there is not a speed problem on Morro Bay Boulevard because the average speed is 26 m.p.h. Mayor Shelton stated he would like to hold.off this discussion until the Council receives a full, indepth.analysis from the Public Services Department concerning the traffic situation. He then sug- gested that a time be set aside for that particular portion of the request that relates to the Highway #1 area signalization and go with the overlay of pavement project at this time. Councilman Rosenberg stated he is not ready to totally reject the Highway #41 project. He stated it is necessary for the Council to see the results of the study and the data that pertains to this project, and the Morro Bay Boulevard traffic circulation prior to making a determination on it. MOTION: Councilman Cantirie moved that Resolution No. 48-79, fourth paragraph be amended to read: "The City Council of the City of Morro Bay request that the proposed Federal Aid project be an overlay of pavement for Main Street from Yerba Buena to Elena and any other projects as may be deter- mined by staff and approved by Council. The City Council requests approval of said project by the State Department of Transportation and the Federal Highway Administration as a Federal Aid Urban Project." The motion was seconded by Councilman QReasor)jarid car'ri'ed, unanimou'sly:, MOTION: Mayor Shelton moved that Resolution No. 48-79, as amended, be read by title only. The motion was seconded by Councilman Cantine and carried unanimously. Mr. Guluzzy read Resolution No. 48-79 by title only. "Resolution of the City Council of the City of Morro Bay requesting the State Department of Transportation of Federal Highway Administration to approve Federal Aid Urban project for the City of Morro Bay urban area." MOTION: Councilman Cantine moved that the City Council approve R?�so- lution No. 48-79 as amended. The motion was seconded by Councilman Reasor and carried unanimously by roll call vote. E. INDIVIDUALDETERMINATION AND/OR ACTION E-1 City Council Mayor Shelton stated the County Water Advisory Committee formed a committee which he will serve on, to examine each of the cities who are subscribers to Naciemiento water. The committee will be devising a formula to reduce the requested subscriptions because the cities are over -subscribed for the amount of water available. He stated as he receives additional information he will advise Council. MINUTES - MORRO BAY CITY COUNCIL Adjourned Meeting, October 10, 1979 Page 4 Mayor Shelton stated if any Councilmember is interested in attending the Small Cities Conference in Pacific Grove on October 29, 1979 to contact him for additional information. Mayor Shelton stated he would like for staff to provide a report to the Council at the next meeting, if possible, addressing the news- paper article on staff. morale and Council meddling. The reason is because this type of report in the newspaper needs to be validated. The Council concurred. Councilman Rosenberg addressed the issue of insurance contained in the draft senior citizen's lease agreement stating his understanding is that there is a need to have formal Council direction on this issue. Councilman Cantine stated he had spoke with Jim Gouldsbrough and that it is his understanding that a much simpiler form of agreement is being formulated and the lease may not be necessary. Therefore, the insurance could fall under the City's coverage if it is not a lease. Mr. Guluzzy stated it should be a mandatory requirement that any non-profit organization provide liability insurance and this is backed up by the City's insurance carrier. Councilman Rosenberg stated he would like for the Council to set a policy concerning the insurance for all non-profit organizations. Mayor Shelton stated he feels that this is an insurance ripoff to require every group to have liability insurance before they can rent a public building. He stated the senior citizens have been per- forming services for the City for quite some time that would have to be performed by the Recreation Department if the seniors were not doing them. They have been insured under the City partly because they do perform these services. The seniors are only changing to another building, but will still be performing the same services. The City is getting insurance rates at a cost that is much less then the City has ever had to pay. Mayor Shelton concluded his comments noting that the seniors wanted a lease agreement so they would be eligible to receive funding from the County. MOTION: Councilman Cantine moved that the City Council have no further discussion until a proposal is received from the senior citizens. The motion failed for lack of a second. MOTION: Mayor Shelton moved that the Senior Citizen's Incorporated not be required, when they move to the new building, to pro- vide liability insurance. The motion was seconded by Council- man Harmon. MINUTES - MORRO BAY CITY COUNCIL Adjourned Meeting, October 10, 1979 Page 5 Councilman Cantine stated he does not want to establish a precedent concerning the insurance discussion. He then stated he would like to go with the same type of agreement that San Luis Obispo City has with their senior citizens. Councilman Reasor expressed concern with the fact that the City does not require other groups, (e.g. square dancers that use the Recre- ation Hall for their dancing) to have insurance, therefore, he did not feel it is necessary for the seniors to provide liability insurance because they could be covered under the City's insurance: The motion carried with Councilmen Cantine and Reasor abstaining. E-2 City Attorney None. E-3 City Administrator None. The City Council discussed the scheduling of the Community Housing Ordinance and felt it should be scheduled for a special meeting rather than waiting until the October 22, 1979 regular meeting. MOTION: Councilman Cantine moved the meeting adjourn to the October 10, 1979 Study Session, in the City Hall Conference Room. The motion was seconded by Councilman Reasor and carried unani- mously. The meeting adjourned at 6:25 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Penny Deputy City Clerk 6 i MINUTES - 140RRO BAY CITY COUNCIL Study Session October 10, 1979, 6:30 p.m. City Hall Conference Room The meeting was called to order at 6:30 p.m. by Mayor Pro Tem Cantine. ROLL CALL Present: Councilmen Cantine, Reasor, and Rosenberg Absent: Mayor Shelton and Councilman Harmon STAFF PRESENT Donald F. Guluzzy, City Administrator T. Keith Gurnee, Community Development Director John Bressan, Public Services Director Bernie Zerr, Fire Chief Vaughn Caslte, Police Chief Elizabeth Penny, Deputy City Clerk (1) Presentation by Richard Fisher regarding housing proposal. Mr. Fisher advised the City Council that he had presented to the Planning Commission on February 6, 1979, a senior citizens project that had been worked on for over a year with an investment,. so far, of seve- ral thousands of dollars. He noted at that time the project site was located at Ironwood and Atascadero Road, but a new site became available that is far superior, that is located behind the Catholic Church and Safeway. Before any more money is spent for the project he stated he would like to have the backing of the community and the local admini- strative boards. Mr. Fisher noted, in the future, certain commitments would have to be made in order to meet the requirements of Farmer's Home Administration (FHA). Mr. Fisher then reviewed the new proposed site stating (1) it has all the commercial development within easy walking distance of it and (2) the homes are low -rental housing. There has'been an Advisory Com- mittee set up that will conduct a survey that will provide feedback from the community concerning the proposed project. Mr. Fisher stated FHA will require a letter from the City, stating the City's approval of the project, and a report concerning the pro- gressive work being done on the solution to the water/sewer moratorium. The Committee will meet with Coastal Commission staff and request their cooperation on solving the water problem. Mr. Fisher noted the following: (1) an environmental determination would have to be made by the Planning Commission; (2) the Committee would then meet .with the State Architecture Department; (3) the Committee would go into schematic drawings and submit MINUTES - MORRO BAY CITY COUNCIL October 10, 1979 Study Session Page 2 a feasibility package which would require the City's letter of support of the project and certification of the availability of water and sewer connections; (4) the Planning Commission would then have to approve the working drawings of the application submittal; and (5) then final submittal would have to be approved by the appropriate body, e.g. Planning Department, Planning Commission, or City Council. Shirley Fisher introduced the Advisory Board as follows: Molly Bruno, Father Erickson, Lila Keiser, Reverend Robert McCullagh, Don Miller, Ed Peckenpaugh, Bruce Risley, and Father Sweeney. Mrs. Fisher stated the purpose of the Board is to make recommendations and set the priorities for the project based upon the survey. She then stated that the Committee is open to input from the Council and Planning Commis- sion for the formulation of the survey questions. Mike Brady, Architect, stated he has assisted in developing the survey questionaire based upon the requirements of FHA. The programing aspect, at this point, would deal with the goals and the Advisory Com- mittee would provide input to the adjustment of the goals and gathering the facts and the needs of the user. As the Committee progresses through the programming it will be developing design statements which will be keyed into the concept for establishing the required criteria. After the concept is approved, the Committee will develop preliminary schematics. Councilman Rosenberg stated he supports the concept, but that he has concerns about the progression of steps outlined by the Committee as it relates to the resolution of the water and sewer problems that the City has. In the future, the Council will have to deal with who will receive water and how much water will be given. Councilman Rosenberg concluded his comments stating he does not see any way that the City will have its supplemental water within a year. Mr. Brady stated the Committee will be working with the City in developing the Master Water Plan. Mr. Fisher stated the Committee needs to get together with the various governmental bodies involved and work on the resolution of this problem. There needs to be a commitment from the City Council, giving direction to the staff to expedite the solution of the mora- torium. The time frame involved for a preliminary submittal that would go to the National Agency could take up to 6 months. Mr. Fisher con- cluded his comments stating he needs a commitment from the Council that the project would be a priority and that the Council would direct staff to direct their energies to the project. MINUTES - MORRO BAY CITY COUNCIL October 10, 1979 Study'Session Page 3 Councilman Cantine stated based upon the time frame presented, that he would be reluctant to give Mr. Fisher any encouragement on the project, as it relates to the Coastal Commission meeting the time frame that the Committee has established. He then stated the Council would have to consider the project priorities of individuals who have purchased lots and have been demanding for some time the right to develop their lots. These projects could possibly be of a higher priority than one single large project. Mr. Brady suggested the Council consider giving the project a letter of priority intent. MOTION: Councilman Reasor moved the meeting adjourn to October 22, 1979, in the Recreation Hall at 7:30 p.m. for a Regular Meeting. The motion was seconded by Councilman Rosenberg and carried with Mayor Shelton and Councilman Harmon absent. The meeting adjourned at 7:10 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Penny Deputy City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL October 8, 1979, 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment Proclamations A. CONSENT CALENDAR A-1. Minutes of the August 13, 1979 regular meeting. A-2 Minutes of the August 27, 1979 regular meeting. A-3 Minutes of the August 27, 1979 executive session. A-4 Minutes of the August 29, 1979 executive session. A-5 Minutes of the September 11, 1979 regular meeting. A-6 Minutes of the September 11, 1979 executive session. A-7 Expenditure report for the period covering August 1, 1979 to August 31, 1979. (RECOMMEND APPROVAL) A-8 Acknowledgement and Agreement between the City of Morro Bay and People's Self -Help Housing for receipt of $4,500.00 from City for minor/emergency home repair services to senior citizens and disabled persons in Morro Bay. A-9 Disability Insurance for all Morro Bay Reserve Firefighter's for 1979/80 fiscal year amounting to $220.00 annually. B. HEARINGS, APPEARANCES', AND REPORTS B-1 Local Library Users United request that the City Council endorse the library tax on the November 16, 1979 ballot. B-2 Agreement between the City of Morro Bay and Senior Citizen's Corporation for use of the Teen Center on an interim basis for a Senior Citizen's Center. B-3 Review of findings and other mandatory items that were approved by the Planning Commission for the Morro Avenue Condominium Development proposal. B-4 Appeal of Planning Commission decision by Elenor Kolb concerning approval of a plan change that would allow the ,construction of a garage/carport to serve Al Meyers residence to be constructed at 261 Main Street within three feet of her property line and a request to revoke the Building Permit issued for the residence. B-5 Public hearing on second draft of the Community Housing Ordinance that would regulate condominiums and condominium conversions. 9 • City Council Agenda October 8, 1919 Page 2 B-6 Report by the Public Safety Committee relative to harbor patrol officers. B-7 Human Resources Committee nominations for the Public Safety Ad -Hoc Committee which will help develop a profile of qualifications in conjunction with City Administrator for Chief of Police. C. UNFINISHED BUSINESS None. D. NEW BUSINESS D-1 Renewal of Mutual Aid Agreement between the City of Morro Bay and the County Fire Department. D-2 Resolution No. 48-79 designating Morro Bay's selection of Federal Aid Urban Project(s). E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 8, 1979, 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Shelton with the Pledge of Allegiance. Wendell Weaver, Chaplain gave the invocation. ROLL CALL Present: Councilmen Cantine, Harmon, Reasor, Rosenberg, and Mayor Shelton Absent: None STAFF PRESENT Donald F. Guluzzy, City Administrator Michael T. Leaage, City Attorney John Bressan, Public Services Director T. Keith Gurnee, Community Development Director Elizabeth Penny, Deputy City Clerk Mayor Shelton stated that item B-2, "Agreement Between the City of Morro Bay and Senior Citizen's Corporation for Use of the Teen Center on an Interim Basis for a Senior Citizen's Center", has been pulled from the agenda, at the senior citizen's request, and will be scheduled at another time when advised by the senior citizens. Councilmen Harmon and Rosenberg asked if this matter could be discussed among the Council so that guidance could be provided to the City Administrator for negotiatiing with the seniors. Mayor Shelton stated he did not feel this matter should be dis- cussed under "Hearings, Appearances and Reports" since it has been requested to be pulled from the agenda. He then suggested, as an alternative, that it be discussed under "Individual Determination and/ or Action" by the Council. The Council concurred. PUBLIC COMMENT Mrs. McWilliams thanked the Diffleys for the time that they volun- teered to assist the City in getting a reasonable and serviceable sewer system. She then stated she is happy to pay the sewer charge and that she is a senior citizen. Mrs. McWilliams concluded her comments stating that she would like for the community to get together so that the Council can get on with their work. Mr. Lemmons stated there was recently a League of California Cities meeting in San Francisco that Morro Bay sent a couple of Council and staff members to. He then stated there were two resolutions that were passed by the General Assembly of the League that dealt with the control of narcotics paraphenalia. He read the two resolutions into the record. 0 r MINUTES - MORRO BAY CITY COUNCIL October 8, 1979 Regular Meeting Page 2 Mr. Lemmons stated he is concerned about Councilman Rosenberg speaking against the adoption of the two resolutions. He then stated if it is the Council's policy to not support resolutions of this nature, then the resolution should be brought before the public for comment prior to voting upon them. If this is not the policy of the Council, then it was poor judgement on the part of any representative of Morro Bay to think that the citizens of Morro Bay would not be in- terested in doing anything to reduce the drug problems. Councilman Rosenberg stated there were about 70 resolutions and about 4 of the resolutions were proposed the day before voting upon them and were not available ahead of time (initiative resolutions). All of the resolutions went through specialized committees and no one received copies of the resolutions prior to the day that they were voted upon. He then stated because of the magnitude of the resolutions and various cities attending the meeting, (about 400 cities) that it is impossible to get a Council policy on all of the resolutions. He then stated on 99% of the resolutions there was not a City position taken. On those resolutions that'did require a City position be taken he stated that he did vote the policy of the City. He then stated his opposition to the two resolutions that Mr. Lemmons referred to is not because he supports drugs, but because of the word "paraphenalia". The word could include tweezers, eye droopers, spoons, hairpins, darning needles, etc. and this is too broad'and'goes beyond the boundary lines of reasonable law, therefore Councilman Rosenberg stated he voted against the two resolutions. Mr. Lemmons stated the voting was not upon legislation, but upon a resolution requesting that the League support legislation which would be written at a latter time, therefore, the term "paraphenalia" could be striken when it is written. He stated his main reason for his concern is that the League of California Cities is a very influen- tial group in the State, and they are trying to strengthen the drug control laws in the State and Morro Bay's representative voted against it. Mr. Reddell stated the people who are involved in the recall elec- tion are not against the sewer tax, but against Councilmen Cantine and Harmon's campaign. They lied by saying if elected they would take off the sewer charge and they did, but they have reenacted it after they have been voted in. Councilman Cantine stated that this is the type of "big lie accu- sation" that is totally'unsupported by the facts. He stated he walked the town from one end•to another and every place he went the question of finances came up and the sewer tax was not a significant part of his campaign. When asked about the sewer tax he stated there would have to be some kind of tax or a"bond issue to pay for the wastewater treatment plant and that he intended to do what he could to get the City on a self-supporting basis. 0 0 MINUTES - MORRO BAY CITY COUNCIL October 8, 1979 Regular Meeting Page 3 Councilman Harmon had no comments to make. Mr. Gaines stated the City pays a fee to the California League of Cities. They are a lobbiest group, namely for city administrators and they do not represent the people, but represent special interests. In regards to the water/sewer situatiol the previous Council supported a sewer charge per cubic foot. He concluded his comments stating the only fair way is to make the sewer charge per toilet. Mr. Risley thanked and commended the Council for the steps that they have taken on public safety. He then sited Piney Way as an example. Mr. Campbell stated when the City incorporated the City essentially adopted the citizens in the City boundaries just as an individual adopts a child. Whatever problems that child has the parents are responsible for, just as the City is responsible for the citizens in the Morro Bay community. The City said they would provide water, streets, services, utilities for the citizens of the city.. The last line of the Pledge of Allegiance states "...fdr'liberty and justice for all," and he stated the Council is not treating the citizens of Morro Bay with justice for all as long as they support, by their actions or silence, the water moratorium. Mr. Campbell then stated the Water Committee is not doing anything to find water, or to help the people who want to build, and one day someone will bring suit against the City and this matter will go to court. Mr. Campbell then addressed the issue of a senior citizen center) vs. a community center. He stated he thought this was resolved before and the City was going to support a community center, and it is not going to be solely for senior citizens. Mr. Campbell concluded his comments stating the sewer tax elected most of the current Council. While campaigning door-to-door they stated they would appeal the sewer tax. .PROCLAMATIONS Mayor Shelton stated he has received two proclamations which he was going to sign. One proclaims the "International Day of the Child" and the other proclaims October as the "Employ the Handicapped Month." A. CONSENT CALENDAR A-1 Minutes of the August 13, 1979 regular meeting. A-2 Minutes of the August 27, 1979 regular meeting. A-3 Minutes of the August 27, 1979 executive session. A-4 Minutes of the August 29, 1979 executive session. A-5 Minutes of the September 11, 1979 regular meeting. A-6 Minutes of the September 11, 1979 executive session. A-7 Expenditure report for the period covering August 1, 1979 to August 31, 1979. (RECOMMEND APPROVAL) MINUTES - MORRO BAY CITY COUNCIL October 8, 1979 Regular Meeting Page 4 A-8 Acknowledgement and Agreement between the City of Morro Bay and People's Self -Help Housing for receipt of $4,500.00 from City for minor/emergency home repair services to senior citizens and disabled persons in Morro Bay. A-9 Disability Insurance for all Morro Bay Reserve Firefighter's for 1979/80 fiscal year amounting to $220.00 annually. Councilman Rosenberg requested that items A-2 and A-5 be 'pulled for correction. Mayor Shelton requested item A-3 also be pulled for correction. The Council concurred. MOTION: Councilman Reasor moved that Consent Calendar items A-1, A-4, and A-6 through A-9 be approved as recommended by staff. The motion was seconded by Councilman Cantine and carried unani- mously by roll call vote. A-2 Minutes of the August 27, 1979 regular meeting. Councilman Rosenberg corrected page 4, first motion to read: "...moved that Ordinance No. 170 as amended, be read by title only..." Mayor Shelton corrected page 10, continuation'of h'•is--comment from page 9 to read:(. "...stated he would agree with Mrs. Rowland's sug- gestion of 1,500 acre feet of water. A-5 Minutes of the September 11, 1979 regular meeting. Councilman Rosenberg corrected page 6, his third paragraph comment to read: "...intent of the Council, e.g., safety issues and also the intense discussions Councilman Rosenberg held with the Chamber of Commerce..." Councilman Cantine stated although approval had already been granted for item A-1, he requested Miss Penny check the tape concerning page 8, his comment, the final sentence. Mayor Shelton stated that he had no corrections to make to item A-3, and that his correction was on item A-2 only, MOTION: Councilman Rosenberg moved that the City Council approve items A-2, A-3, and A-5 as amended. The motion was seconded by Mayor Shelton and carried unanimously by roll call vote. B. HEARINGS, APPEARANCES, AND REPORTS B-1 Local Library Users United request that the City Council endorse the library tax on the November 6, 1979 ballot. MINUTES - MORRO BAY CITY COUNCIL October 8, 1979 Regular Meeting Page 5 John Wilson, President of Local Libraries Users United (LLUU) stated the LLUU was formed for the purpose of supporting libraries. Mr. Wilson stated this is the International Year of the Child. The children are to be watched over and guided because they will take our place in this community, in national government, and in the world. Therefore, it is the adults duty to see to the training, entertain- ment, and upbringing of the children. Mr. Wilson noted a child does not always receive the necessary training at home to recognize evil, tyranny, etc. The schools are too busy teaching to be able to convey the idea of what's evil and what isn't. One of the biggest places that this can be taught to the children is through the libraries. Mr. W_.lson stated the libraries have available the listings of local tour groups, local night clubs, and movies. It is also a place where large print books are available and braile books for the blind. The library can serve as a study hall for school children, and is a school for cooks, mechanics, macrame, knitting etc. It is the most diversified item in the entire community based on what it will serve a person. Mr. Wilson stated libraries are funded partially by the tax on the houses and real estate which is at a rate of about 15t. This money, because of Proposition 13, was cut drastically. The libraries are about $300,000 short which would keep the libraries operating at the level . that they are now. A portion of the funding comes from the State bail- out funds and the library reserves. If there is no money to replace the library reserves after they are depleted, then the library services will be cut. Mr. Wilson concluded his comments stating that a tax of $5.00 per household is the only legal way that this could be done in the State. Therefore, the LLUU request that the City Council endorse this tax. Mr. Strickler asked why a slightly worn book is discarded from the library and hauled away to the dump. Mr. Perkins, Director of the County Library stated the books are patched and for many years the books have not been taken to the dump. When books are phased out they are sold to people. Mr. Gaines asked why the LLUU did not direct their efforts to the State and County government. Mr. Perkins stated they are addressing the state government and have a funding bill there. The LLUU is also addressing the Board of Supervisors.' MINUTES - MORRO BAY CITY COUNCIL October 8, 1979 Regular Meeting Page 6 Councilman Cantine stated as a resident he would be glad to con- tribute to maintain the Morro Bay library. The Morro Bay Library is dependent upon the County library for services. He then stated that he agrees with Mr. Gaines that this should be handled by the various bodies of the State. He concluded his comments stating that he would like a tax to come in from the top as a constitutional assessment against everyone in the State. Mayor Shelton stated in regards to Mr. Gaines suggestion and what the people voted for in Proposition 13 there were some so-called un- knowns that the people really knew about when they were voting. The people said if Proposition 13 does any harm then it will be brought before the people to vote upon it to see if modification is necessary. He then stated he feels the proposal by the LLUU is in that spirit, and that it is an opportunity for the people to vote on whether they want additional taxation on libraries. He stated the libraries provide a very basic need and that he would support the proposal. Councilman Rosenberg stated he believes in libraries, education, and thinking human beings. He stated he supports libraries and would support paying the $5.00 per year. He did not feel the Council should take a stand on this matter,^but as individuals the Council could say whatever they want to. -The reason for his view is that he does not feel that the Council should take a stand on this type of matter and try to sway the people's vote. Councilman Harmon stated he is supportive of libraries, but he would not support the proposal as a City Councilman because he does not feel it is equitable and would not like to see the Council take a position for or against its. Councilman Reasor stated he agrees somewhat with Councilman Rosenberg. As an individual he stated he would speak out in support of libraries, but as a City Councilman, he does not feel he should take a stand one way or the other. MOTION: Councilman Cantine moved that the City Council endorse the efforts of the Local Libraries Users United to get equitable legislation to finance libraries for the protection against the effects of Proposition 13. The motion was seconded by Mayor Shelton and carried unanimously by roll call vote. B-3 Review of findings and other mandatory items that were approved by the Planning Commission for the Morro Avenue (Condominium Development) proposal.' Mr. Gurnee stated staff recommends that the Council approve the final tract map 778 which is in compliance with the tentative map for a nine unit condominium complex known as Sea Rock Condominiums at Harbor Street and Dunes. Council needs to approve the tract map with MINUTES - MORRO BAY CITY COUNCIL October 8, 1979 Regular Meeting Page 7 the findings that it is consistent with the Subdivision Map Act and approve the CC&R's. The CC&R's are standard, except for one provision, that does not allow children under the age of 18 to live in the units. Mayor Shelton asked what alternatives are available in regards to the "no children" stipulation in the covenants. Mr. Gurnee stated he has a letter from the developer stating they would be willing to allow children to live in the units if the Council so desires, but would prefer not to have children. Mayor Shelton stated he would like for the "no children under the age of 18" clause to be strickened from the covenants because he does not want to set a precedent for future tract approvals. Councilman Rosenberg stated the more sensitive we are to minority groups the more bigoted we also become. Some people would rather not live in close proximity to children, and they should be allowed to exer- cise this right and have that option. Mayor Shelton stated with the proposed restriction it would be applying a legal covenant that no one under the age of 18 could live there irrevocably. Therefore, he stated a buyer -seller agreement or deed restriction could be done rather than a stipulation in the covenants. MOTION: Mayor Shelton moved that the City Council delete from the :..%. covenents the stipulation that states persons under the age of 18 can not live in the units. The motion was sec- onded by Councilman Harmon. Councilman Cantine stated if there is no urgency in approving the tract map, that he would like to have this matter researched further for the various alternatives that are available. Mrs. McMahan, applicant stated there is no play area for children and that is why the stipulation has been requested. She also stated that it is very urgent that approval be obtained this evening because of financial constraints and problems. Mayor Shelton stated he would like to have a report on this matter so that the Council, in the future, will know the various options avail- able. The motion carried unanimously by roll call vote. MOTION: Councilman Cantine moved that the City Council adopt the following findings of fact: MINUTES - MORRO BAY CITY COUNCIL October 8, 1979 Regular Meeting Page 8 (1) That the proposed map is consistent with applicable general and specific plans. (2) That the design or improvement of the proposed subdi- vision is consistent with applicable general and specific plans. (3) That the site is physically suitable for the type.of development. (4) That the site is physically suitable for the proposed density of development. (5) That the design of the subdivision or the proposed improvements is not likely to cause substantial environ- mental damage or substantially and avoidably injure fish or wildlife or their habitat. (6) That the design of the subdivision or the type of improve- ments is not likely to cause serious public health problems. (7) That the design of the subdivision or the type of improve- ments will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The motion was seconded by Mayor Shelton and carried unani- mously by roll call vote. Break: 9:00 P.M. Reconvened: 9:10 p.m. Mayor Shelton requested that items B-6 and B-7 be heard before item B-5 because they would not take as long. The Council concurred. B-6 Report by the Safety Committee relative to harbor patrol officers. Don Sedgley, Chairman of Public Safety Committee, stated that Grace Hedges, Joe Colouch, and Bob Dengler are also members of the committee. He stated they met three times since the Council commis- sioned them. They have discussed various items that are important to public safety.' There has been one item that has been dormit in Morro Bay and that is public safety on the bay. The committee would recom- mend that the harbor patrolmen be reinstated to the Safety Employees Association with full police power. Implementation should be of concern to staff, and not to the committee. The reason for the recommendation is to reduce theft and vandalism on the water; and to dispel the atti- tude among the criminally inclined "that once it is dark and foggy you can get away with anything on the water." MINUTES - MORRO BAY CITY COUNCIL October 8, 1979 Regular Meeting Page 9 Councilman Rosenberg stated when the Council formed the committee it was directed to address the area of emergency plans and asked if the committee would be discussing this issue. Mr. Sedgley stated the committee will be following up this direc- tion in the near future. Mayor Shelton requested that staff examine the committee's recom- mendation regarding public safety on the bay and report back to the Council at the October 22, 1979 meeting. The Council concurred. B-7 Human Resources Committee nominations for the Public Safety Ad -Hoc Committee which will help develop a profile of qualifications in conjunction with City Administrator for Chief of Police. Jody Giannini, Chairman, stated in regards to the profile of the Chief of Police several people have been contacted about serving on the Committee. He then recommended the Council appoint the following indi- viduals: Ed Musloff who is a teacher at the Morro Bay High School and is highly regarded in the community; Sharon Fitzsimmons who owns Virg's Landing and is concerned with the future of Morro Bay; Joe Colouch and Grace Hedges from the Public Safety Committee; and Dick Miller, former San Luis Obispo City Administrator. If the Council wants another area of representation Mr. Giannini stated he would be open for additional persons to serve on the committee,'but would not like to have more than seven individuals. Councilman Cantine stated he has some suggestions of persons to serve on the committee and would talk them over with Mr. Giannini within the next couple'of days. - Councilman Rosenberg stated he would not mind postponing this matter to the Wednesday night Study Session to allow Councilman Cantine to make his suggestions to Mr. Giannini, but would not like to continue it for two more weeks. Mayor Shelton concurred. MOTION: Councilman Rosenberg moved that the ad -hoc committee for pro- filing the Police Chief include Ed Musloff, Sharon Fitzsimmons, Joe Couluch, Grace Hedges, and Richard Miller with the provi- sion that the Council can chose to add additional persons to the committee in the future, and that the Human Resources Com- mittee and City Administrator get moving on this as quickly as possible and attend the first meeting. The motion was seconded by Mayor Shelton and carried unanimously by roll call vote. B-4 Appeal of Planning Commission decision by Elenor Kolb concerning approval of a plan change that would allow the consturction of'a garage/carport to serve Al Meyers residence to be constructed at 261 Man Street within three feet of her property line and a re- quest to revoke the building permit issued for the residence. MINUTES - MORRO BAY CITY COUNCIL October 8, 1979 Regular Meeting Page 10 Mr. Gurnee stated the appeal relates to the construction of a residence on the waterfront at 261 Main Street owned by Al Meyers. Mrs. Kolb's appeal is (1) a decision by Planning Commission to allow the construction of a garage/carport to serve the residence which would be constructed three feet from her property line and (2) a re- quest that the Council rule that the Building Permit for the entire residence is invalid and should be reconsidered in light of a Master Plan. The residence had a stop -work order placed on it when it became apparent that the retaining wall, that makes up part of the lot, for this residence was too close to the property line, and required a change in the garage that concerned the Planning Department in that they may not be able to meet the reqirements of the Municipal Code for two covered parking spaces. The submission of a covenant that would cover both pieces of property that were once commonly owned would guarantee that the facilities needed for the dockage permit would not be jeopardized by the future sale of this property. He stated he re- ceived two signed copies of the covenant which is one of the conditions for lifting the stop -work order and also received the submittal for an overall Master Plan for the property. Councilman Harmon stated he would like to hear separate arguments relating to each of the appeal matters. Councilman Cantine stated he feels that the two items are so inter- twined that he would like to discuss them jointly. Councilman Reasor, Rosenberg, and Mayor Shelton concurred. Joanne Fenton, attorney representing Elenor Kolb, stated Mrs. Kolb is appealing the Planning Commission's decision. There has not been anything before the Planning Commission except a modification to the garage, therefore, in appealing the Planning Commission's decision Mrs. Kolb addressed herself to the garage only. The real issue here is do the Meyers have a valid Building Permit. The permit was for both the residence and the garage, they were not two separate permits. The Planning Commission was not permitted to consider the residence at their meeting. Mrs. Kolb wants to have Morro Bay's ordinances enforced and applied to everyone, and there is a record of instances where the City's ordinances have not been followed. There is a public interest involved here as well as the interest of Mrs. Kolb. The property involved deals with the development of bayfront property, which is one of Morro Bay's primary assets. There is also a public in- terest in having the City's ordinances followed. The reference made to litigation as a basis for decision is not a proper basis to use for making a decision, and she requested this not be used, but use the basis of what the public interest is and whether or not the Council is going to enforce the ordinances of the City. MINUTES - MORRO BAY CITY COUNCIL October 8, 1979 Regular Meeting Page 11 Mrs. Fenton stated a garage structure has been approved by the Planning Commission. A person can come before the Planning Commission to get a lessoning of requirements but a person cannot come to the Planning Commission to have the whole project reviewed. The property owners can come before the Planning Commission on an invalid permit and obtain further dispensation for non-standard structures, but the Planning Commission has been told that they can not review the residence which is a part of the same Building Permit. They did not consider any other possible placement for the garage. Since this is not a substandard piece of property and the garage does not have to be in any one particular lo- cation, Mrs. Kolb would like for the Council to consider moving the garage structure nearer to Main Street. The purpose of this would be to allow a larger breezeway between the residence and the garage which is the way the buildings were originally designed. It also protects the view from Main Street, as well as protecting the view from Mrs. Kolb's property. The existing residence has 119 feet of a firewall and there is a minimum breezeway of 8 feet. The effect of this is to preclude either public or private views because of this structure. She is also requesting that a full-size garage be approved. The applicants received approval from the Planning Commission for a sub -standard garage and the only reason they wanted this garage was because of the inconvenience to the applicants which is not a valid reason to not follow the City's ordi- nance. If the Meyers are not held to the standard of the ordinance then Mrs. Kolb would request that they have to apply for a variance after getting the other'approvals that have been omitted. These approvals should be considered in the context of a plan. The Planned Develop- ment Ordinance states specifically that there shall be a Master Plan and a Specific Plan. The ordinances sets forth a number of issues that must be addressed in the 'General Plan and there is no assurance that these will be covered"in the Master Plan. The Planning Commission and City Council should have a plan that shows the boundaries of the entire property; every use that is proposed of that property; every structure that is to be built on the property; setbacks being requested both be- tween the structures on the property and as they relate to adjacent property.. Mrs. Kolb also requests that the Council find the Building Permit for the garage and house to -be invalid. When a person comes in for a Building Permit this action is deemed to be a nondiscretionary approval and the Environmental Quality Act is not generally applied to a Building Permit. But anytime a person must come in for a discretionary approval, and that would include a plan, whether it is a General, Specific, or Master Plan, Conditional Use Permit, or a Variance; a determination of whether the Environmental Quality Act applies and whether an EIR is going to be required must'be done. There has never been a total dis- cretionary look at what is being proposed on these properties, nor has there been a determination whether SEQUA applies. MINUTES - MORRO BAY CITY COUNCIL October 8, 1979 Regular Meeting Page 12 There has not been compliance with the Planned Development Ordi- nance. In looking at the ordinance it appears that there are standards that are applied to the PD zone and these are the standards that relate to the use that is specified for the property under the General Plan of the City. In this area there is an R-4 overlay which is basically a planned development with the standards of the R-4 zone applied. Since that zone does not permit 0 setbacks and requires a 5 foot setback from the property line, Mrs. Kolb feels if there is anything less than that that there should be a variance or else you are rezoning the property. The specific ordinance violations are as follows: (1) the violation of the Planned Development Ordinance in that there is no General Plan, no Specific Plan, and no Conditional Use Permit. The Conditional Use Permit expired; and (2) there is a violation of the setbacks which is required in that portion of the residence are right on the property line and a three foot setback was only.required for the garage; SEQUA has been bypassed by failre to follow the ordinance; approval of an undersized garage with no Variance being required. The PD zone is to allow some kind of deviation from minimum but there is nothing that suggests you should ask for less than the minimum requirements in a PD zone. In Mrs. Kolb's appeal she requested that you declare the permit invalid, and she is not asking for revocation of the permit. The general rule of law is that no interest can vest under an invalid per- mit. This matter has been handled by licensed architects throughout and has had the benefit of legal counsel at various times, therefore the applicants are not unfamiliar with the City requirements. The question is whether the Council is going to enforce the City's ordi- nances for the Meyers as they are enforced for other individuals. She stated when building permits are issued in violation, even on minor matters, people either pay a fine or else go back for the necessary permits, therefore,'Mrs. Kolb feels this is the very least the Council can require on a major project that will effect the waterfront. She also stated the statement in the report that has the idea put forth or if you don't approve this house then you won't get the marina. Mrs. Kolb would ask this be disregarded in the decision -making process since it is an emotional factor. The time to begin enforcement is when you find violation. Jerry Mason, attorney representing Mr, and Mrs..Meyers stated in regards to the question of whether the permit was validly issued, Mrs. Fenton stated this issue was not addressed by the Planning Commission, which is true. This was on the advice of the city attorney who advised the Planning Commission that the project under the ordinance was cate- gorically exempt. In addition, the city attorney advised the Planning Commission that even -if the permit had been invalid in issuing, because the applicants had'expended money in good faith in connection with the advancement of the project had acquired a vested right in the completion of the project. The Meyers are trying to complete a single-family resi- dence on property that has been in the family since the 1920's. MINUTES - MORRO BAY CITY COUNCIL October 8, 1979 Regular Meeting Page 13 He noted that Mrs. Kolb has opposed the Meyers in the construction of their single-family residence and has six residences on adjoining property. A property owner has the right to construct a single-family residence on his property assuming there is some sensitivity to the public interest and the fact that the Planning Commission has validated this project shows this to be true. What is before the Council is whether they are going to be able to change a garage to a carport. Mrs. Fenton claims that the carport as proposed is going to be substandard, but the reason it is going to be substandard is because the Planning Commission cut down the width to give Mrs. Kolb a three foot setback line on the Meyers property. The Meyers have been engaged in this project since 1975 and have $15,000 in the residence, $50,000 in the dock area, and 5 years of time on the prooject. Dorothy Cutter expressed concern that there are things about the total project that have not been looked at by the Planning Commission. The ordinance is very specific and it states that there should be a Master Plan, Specific Plan, and a General Plan for the property. She then stated that she has several questions concerning the property and has not had the opportunity to see a whole plan, and discuss it with the Planning Commission. She wanted to know how it is determined (1) if there is enough parking for the development, and (2) where to enter the property since there is a mixed use of commercial, residential, and an area with boats. She concluded her comments stating her main concern is the traffic flow and how is it determined if it is adequate unless it is viewed totally. Mrs. Kolb, appeallant, asked if the Master Plan that has been sub- mitted includes the residence. The ordinance requires that a General Plan and Specfic Plan be submitted. When those plans are submitted will the Planning Commission have an opportunity to look at the residence. Mr. Gurnee stated the Specific Plan and General Plan requirements of the ordinance have not always been applied. The Master Plan issue relates to the other permit that the Council is not considering and that is because the Planning Commission considered a negative declaration for the other project and required the submission of landscaping, parking, plans for restrooms as conditions of the negative declaration to be re- viewed by the Planning Commission before any building permit was issued. Mrs. Kolb asked if it is possible to have a General and Specific Plan which"satisfies the ordinance and excludes a residence that has not yet been built. Mr. Gurnee stated according to the Planned Development Ordinance, if there was an interpretation made that any project on the waterfront should require a General and Specific Plan the specific requirements of the ordinance as to what constitutes the General Plan would involve a residence. MINUTES - MORRO BAY CITY COUNCIL October 8, 1979 Regular Meeting Page 14 Mrs. Kolb then asked if a house had ever been built in a PD zone that has not come before the Planning Commission. Mr. Gurnee stated not that he knows of. He then stated the way that PD zones in the City has been implemented in the past is based upon tradition and past precedence. Mrs. Kolb stated the ordinance specifies any building constructed in a PD zone requires a Use Permit and anything that requires a Use Permit requires that a General and Specific Plan be done. Mr. Gurnee stated that that is how staff would interpret the ordi- nance if there was a "clean slate", but this isn't the situation. Mrs. Kolb then stated that while the house went before the Coastal Commission that the Meyers went one year and seven months without taking any action on the house whatsoever. She then stated that one piece of the property was purchased in 1936 and the other in 1939 and has not been in the Meyers family since 1920. She concluded her comments stating that she has never opposed the house neither at a local level or at the Coastal Commission level. Her only concern is that it is built according to the City's ordinance. - Mrs. Fenton requested a short break to confer with her client. Break: 10:20 p.m. Reconvened: 10:25 p.m. Mrs. Fenton stated she is concerned with the idea that the City Council cannot consider the entire project at this time. There was a Conditional Use Permit that was issued to the Meyers that expired. Even though they did take some time to go before the Coastal Commission, there was a long period of inactivity in terms of coming before public agencies and pursuing the process they have to follow and to contribute that delay to Mrs. Kolb is unfair. If the Council doesn't enforce the ordinances then who will. She then sited Section 1720010 "Duty" of the City's ordi- nance. A Conditional Use Permit that expired and someone in the City issued a Building Permit contrary to the provisions of the ordinance because there was no Conditional Use Permit operative at the time of issuance of that Building Permit. Therefore, it is the duty of the City Council to see that this ordinance is enforced. Mrs. Fenton stated a vested right is when a person has obtained all of the necessary permits required for the project and then expended money for some kind of work on the ground. There are cases where thousands of dollars have been spent on projects and people still do not have vested rights because either they did not have all the permits they needed, did not have a valid permit, or else the expenditure was not made at the time they had the permit or was not for work on the ground. She concluded her comments stating that Mrs. Kolb has been denied due process, and so has everyone who could have had their chance to make their comments on the Conditional Use Permit. MINUTES - MORRO BAY CITY COUNCIL October 8, 1979 Regular Meeting Page 15 Mayor Shelton asked what the City's ordinance says about a dif- ferent structure being designed by a different architect relating to one Conditional Use Permit. Mr. Gurnee stated that the previous Planning Director, Mr. Nuzum indicated that no new Use Permit was required and that they could work it out as a plan change. There is no documentation in the files that substantiates this. Mr. Gurnee stated his opinion is that the new residence should have come back for Planning Commission review before a Building Permit was issued. Mr. LeSage stated the City's practice had been in requesting uses within an established PD zone to require a PD review and that occurred in 1975 when the Meyers first came in with an application for a house. After receiving PD review in 1975 the Meyers sought Coastal Commission approval and ran into difficulties relating to the two-story house and the Coastal Commission wanted a one-story house. The Meyers had to fire the architect they had and hire another architect and then go to the State Commission. In June 1979 the applicant came in and picked up the Building Permit that the Planning Department issued. He then sited City Ordinance section No. 17.36.020(b) major sub- section B. A house replacing another house is replacing a similar use and the code section specifically authorizes the Planning Department to make that determination and provide the procedure for going to the Planning Commission if that determination cannot be made. Mr. LeSage stated in his opinion, when the Planning Department issued the permit there was a determination by the City that one use was being replaced by a similar use. He then stated once a Building Permit is issued and there is good faith reliance, substantial expenditure on the ground (which we have here), then a vested right has occurred. The General and Specific Plan was not the practice of the City at the time the project was beginning, the City's practice was to do a PD review. The Use Permit wasn't required, the Planning Department deter- mined that it was not required, they issued a Building Permit, and there was reliance on that permit. In regards to the carport he sited the City's code section no. 17.24.090. Mr. LeSage concluded his comments stating that he does not feel the Council has the right to revoke the permit. Mr. Gurnee read into the record a letter from Jim Maul, Architect, to the Meyers dated January 4, 1978. Mayor Shelton stated the permit was issued in 1975 which subse- quently became invalid because of time. The applicants came to the Planning Department through Mr. Maul and said they had some modifica-. tions and he said under Section 2 he could give them a Section 2 modi- MINUTES - MORRO BAY CITY COUNCIL October 8, 1979 Regular Meeting Page 16 fication, but he gave them a Building Permit to and not a modification of an existing building. that constitute a clear, completion of the the for that initial PD review. construct a new building The question is does requirements or the basis Councilman Cantine stated he is willing to say it is an invalid Building Permit but desires that the residence be allowed to proceed and get the necessary documents, e.g., Master Plan. He stated the pro- ject makes the best use of the lot and does not inflict an unreasonable burden on the adjoining neighbor. Councilman Cantine concluded his comments stating he hopes this will (1) honor the fact that the processes the Council has worked through are indefensible and (2) that the City does have an obligation to the appellant and applicant. Mayor Shelton asked if there are any conditions that Councilman Cantine would impose on the applicant for the continuation of the project. Councilman Cantine stated he would want the garage moved, the pro- cessing of the Master Plan and any other plans that the Planning Director thinks is appropriate. Councilman Rosenberg stated the alternatives are to (1) cut down the three foot setback on the Kolb's side to e.g., 2 feet; and (2) move the garage and encroach into the parking area for the dock. Mayor Shelton stated the issue of a vested right is a legal issue and a legal issue should be determined in court. 'He stated he feels the ordinance has been violated and his job is to uphold the City ordi- nance consistently and the permit that was presented is not valid. Councilman Harmon stated he would agree with city attorney, and the residence as amended by the Planning Commission, should be allowed to proceed; that is the Council should deny the appeal. Councilman Reasor stated he, would have to accept the appeal on the garage to move it further up the hill next to the proposed parking area. He then stated he feels the proposed house is appropriate for the lot; that it is not objectional; he has no problem with the views, but he is bothered by the garage because in the original plans there was quite a space between the two buildings. He also stated he does not see any reason, when there'is existing property there, why the City should do something less than a standard of the City's ordinance. Councilman Rosenberg stated he does not see any appropriate way to stop the house, that there is a vested right involved here already. He also stated if the City went through the entire process correctly that the City might not get anything better for all the parties concerned. He stated he would like to proceed with the idea that there is not a MINUTES - MORRO BAY CITY COUNCIL October 8, 1979 Regular Meeting Page 17 vested right already as it relates to the garage. If there is not a vested right in the garage then the permit is incorrect and the building of that should be stopped until it can be considered as a part of the overall Master Plan by the Planning Commission. The Planning Commission should not have any power to modify in any way the residence. MOTION: Mayor Shelton moved the meeting continue until the completion of item B-4. The motion was seconded by Councilman Cantine and carried with Councilman Harmon voting no. Councilman Harmon left the meeting at 12:05 p.m. MOTION: Councilman Cantine moved that the City Council uphold the appeal on a full-size garage and it should be located closer to Main Street to allow for a larger breezeway and that it should be revamped, revised, and reviewed in the context of a Master Plan to be approved by the Planning Commission. The motion was seconded by Councilman Rosenberg. The motion car- ried by roll call vote with Councilman Harmon absent. MOTION: Councilman Cantine moved that the City Council deny Elenor Kolb's appeal to reconsider the entire residence based on the previous motion on the basis that review of the plan is most appropriate for the site. Councilman Rosenberg stated if Councilman Cantine would add some- thing within the motion about vested right that he would second the motion. The motion was seconded by Councilman Reasor. Councilman Rosenberg and Mayor Shelton stated they could not support the motion, therefore, -`the motion failed with Councilmen Reasor and Cantine voting yes, Councilman Rosenberg and Mayor Shelton voting no, and Councilman Harmon absent. MOTION: Councilman Cantine moved that the City Council determine the following:' There were errors in issuing the building permit. The building permit was issued in June, 1979. The existing residence was removed and there was excavation subsequent to the building permit being issued for a new residence. The issuance of a permit in June, 1979 was the result of the Planned De- velopment review in 1975. On this basis they (the Meyers) are authorized to proceed with the construction of the residence with occupancy; subject to the approval and construction of the garage; and subject to execution and approval of the covenants. The motion was'seconded by Councilman Rosenberg and carried with Mayor Shelton voting no and Councilman Harmon absent. MINUTES - MORRO BAY CITY COUNCIL October 8, 1979 Regular Meeting Page 18 Mrs. Kolb stated she would like to have a copy of all of the docu- ments that were used as a basis for the Council's decision and that were made a part of record by this hearing. Mayor Shelton stated based on past Council policy, when a regular City Council meeting is not completed on the scheduled meeting night, that the meeting adjourn to the Study Session evening for completion prior to the Study Session beginning. He also stated that due to the remainiing portion of the regular meeting agenda to be completed coupled with the Study Session agenda that it would have to be adjusted because there is not sufficient time to address all of the issues. MOTION: Mayor Shelton moved the meeting adjourn to Wednesday, at 5:00 p.m. to continue the October 8, 1919 regular meeting. The motion was seconded by Councilman Rosenberg and carried with Councilman Harmon absent. The meeting adjourned at 1:00 a.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Penny Deputy City Clerk # 0 City Administrator Report Report No. Donald F Guluzzy, City Administrator Date CITY. OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL STUDY SESSION September 12, 1979, City Hall Conference 5:00 p.m. - 7:00 p.m. Room (1) Personnel replacements and additions (2) City Administrator Status Report 595 Harbor Street Morro Bay, California 93442 (805)772-2212 0 MINUTES - MORRO BAY CITY COUNCIL Study Session September 12, 1979, 5:00 p.m. City Hall Conference Room The meeting was called to order at 5:15 p.m. by Mayor Shelton. PRESENT: Councilmen Harmon, Reasor, Rosenberg, and Mayor Shelton ABSENT: Councilman Cantine STAFF PRESENT Donald F. Guluzzy, City Administrator John Bressan, Public Services Director Elizabeth Penny, Deputy City Clerk (1) Personnel replacements and additions. Mr. Guluzzy stated since Dave Braga, Parks and Recreation Director has resigned effective September 28, 1979, that he would like to appoint Kathy LaHargoue Parks and Recreation Supervisor to the position of Parks and Recreation Superintendent. He noted her salary would not change and this matter has been discussed with her. Mr. Guluzzy then requested the Council authorize him to recruit a person with a MPA degree with expertise in public administration at a salary of $22,000 which is the same as Mr. Braga's salary. The area of risk management, some of the administrative reports that must be done would be what this person would do. Mr. Guluzzy stated the Finance Director is very busy with the County, the audit, grantsmanship, double bookkeeping sys- tem, etc, and is not available to assist him with some of the above administrative matters. Councilman Rosenberg stated he sees this position as having the function of an administrative assistant, but that the position would not be a supervising position and would be equivalent to a department head. Mayor Shelton stated that he recognizes that Mr. Guluzzy and Mr. McGonagill are innundated with work, but he is concerned if things catch up then there might be too much staff. Mr. Guluzzy stated he does not agree because there are so many problems in the City and things that must be changed within the City, things updated, the sewer project is overwhelming by itself, the hiring of the Chief of Police, city committees, entire personnel system, etc. Mayor Shelton stated he would like a full report concerning this addressing questions like (1) do we need more chiefs, or more people that are actually doing the work, (2) assess whether we need a depart- ment head or someone that researches, writes, etc. Councilman Reasor stated he would like to have someone in a position less than a department head, and suggested a position of analyst. MINUTES - MORRO BAY CITY COUNCIL September 12, 1979'Study Session Page 2 Mr. Guluzzy stated that management is becom`incj} a full-time job in trying to keep up on new developments and because of changing laws relating to workman's compensation, rehabilitation, and medical benefits. There are a number of areas in finance that need to be addressed that may effect the bailout funds or SB325 funds the City receives. The City Council and administration discussed the pros and cons of having an assistant city administrator, analyst, or worker aspects in length. The City Council requested that Mr. Guluzzy provide a report to the Council that would outline the specific functions that the pro- posed person would perform, and also a job description. Councilman Reasor left the meeting at 5:57 p.m. and returned at 6:00 p.m. Mayor Shelton stated the Council could address in the next budget session, the proposed reorganization. Mr. Guluzzy requested clarification concerning the Chief of Police position. He stated he would like to meet with the Public Safety Com- mittee to discuss this with them. Mr. Guluzzy noted that he has spoke to various persons in the community in regards to this. P.O.S.T. has done an administrative analysis.of the Police,Department and has a re- port on the problems that currently exist in the department. He stated he would like to work out a profile with the committee and then go out for the recruitment of the Chief of Police. Councilman Rosenberg stated the Public Safety Committee's function is to deal with the long-range issues in this area, and the Ad -Hoc Committee was formed so that individuals outside of the City of Morro Bay, with expertise in the area of Police Administration, could be brought in to assist with the development of selection/hiring criteria and what the role of the City Council and City Administrator would be in the final phase. The ad' -hoc committee will develop"the profile only. Mayor Shelton stated he would like to be involved in the final selection of the Chief of Police. Councilman Rosenberg stated he would like to be involved in the interviewing of the Chief of Police in an advisory capacity, but that the selection should be left up to the administrator. Mayor Shelton stated the previous city administrator invited the Council in to the interviews and each councilmember and administrator had an equal vote concerning the selection. MINUTES - MORRO BAY CITY COUNCIL September 12, 1979 Study Session Page 3 Mr. Guluzzy stated he has a problem with that because he feels that he is responsible for the hiring and firing of the department heads. He also stated he feels that there is difference between being a policy -maker and an administrator. Mayor Shelton stated the Council could change the code so that they could be involved in the selection procedure, but would appre- ciate being included without having to do something like this. Mr. Guluzzy stated a professional likes to relate to a profes- sional and does not want to be hired by politicians because they may feel tainted. He stated he does not feel the Council should be in- volved in this procedure. Councilman Rosenberg stated it is necessary to trust the City Administrator's judgement and hold him accountable for his selection, but not for the Council to choose someone and then have the administra- tor be accountable for the Council's decision. Councilman Harmon stated he agrees with Councilman Rosenberg. He stated he would like to be involved in the interviewing process, but that the final decision be left with the city administrator. Councilman Reasor stated he would like to participate in the pro- cess as much as possible. Since the code reads as it does, he stated he would agree with Councilmen Harmon and Rosenberg to participate in the interviewing process and leave the final selection to the City Administrator. Mayor Shelton left the meeting at 6:37 p.m. (2) City Administrator Status Report Mr. Guluzzy brought up the issue of paying time and one-half to clerical personnel. He stated the only other city in the county that does not pay time and one-half for overtime is Arroyo Grande. The overtime would be compensated either at time off or on a cash basis. Councilmen Harmon, Reasor, and Rosenberg stated they would support the recommendation. Mr. Guluzzy stated staff will go before the Regional Water Quality Control Board on October 12, 1979 to try and get a total lifting of the moratorium on the City. Mr. Guluzzy stated he has been comparing Pacific Telephone's phone system for the City to two private firm's telephone systems. He stated the Telephone West system is used by Vetter Corporation and it appears this system would be the best and most cost-effective for the City of Morro Bay. He then advised Council he would provide additional infor- mation in the future. MINUTES - MORRO BAY CITY COUNCIL September 12, 1979 Study Session Page 4 Mr. Guluzzy advised Council that he had spoke to Molly Bruno con- cerning the agreement for the senior citizen's lease. He stated this matter will be scheduled for public hearing on October 8, 1979. Mr. Guluzzy advised Council that he has the following major items that have been requested to be placed on the October 8, 1979 agenda: (1) property maintenance code; (2) Elenore Kolb appeal, (3) Dorn/Hartzell agreement, (4) community housing ordinance, and (5) home occupation ordinance. Councilman Reasor suggested holding the Property Maintenance Code to the October 22, 1979 meeting. Councilman Rosenberg stated he would like for the Kolb, Dorn, and Community Housing Ordinance items to be set for the October 8, 1979 meeting. Mr. Guluzzy advised Council that the local Coastal Planner, Bill Campbell has been doing some research on the redevelopment of the down- town and has spoke with a couple of firms who specialize in this area. He stated he would provide Council with additional information as he receives it. Mr. Guluzzy stated the breakfast meeting between the merchants and the Council will be scheduled for September 28, 1979 and that a copy of the invitation will be sent to Council for information purposes. MOTION: Councilman Reasor moved the meeting adjourn 1979 for a regular meeting at the Recreation motion was seconded by Councilman Harmon and Councilman Cantine and Mayor Shelton absent. The meeting adjourned at 6:50 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Penny Deputy City Clerk to October 8, Hall. The carried with i 41 CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL September 11, 1979, 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR 1. Minutes of the June 27, 1979 executive session. 2. Minutes of the July 9, 1979 executive session. 3. Minutes of the July 11, 1979 adjourned meeting. 4. Minutes of the July 25, 1979 adjourned meeting. 5. Minutes of the August 13, 1979 regular meeting. 6. Minutes of the August 13, 1979 executive session. 7. City Attornye's fee for the 1979/80 fiscal year to be increased from $40 per hour to $55 per hour. (City Administrator recommends approval.) B. HEARINGS, APPEARANCES, AND REPORTS None. C. UNFINISHED BUSINESS 1. Ordinance No. 170 designating no -smoking areas in certain public places. (City Administrator recommends approval.) D. NEW BUSINESS 1. Bid award to Xerox Corporation in the amount of $16,386.40 for the purchase of a Xerox 4500 to replace the Xerox 2400 in City Hall. (City Administrator recommends approval.) 2. Transfer $7,708.35 from unobligated reserves to Police Department for the purpose of paying the 88.5 sick days accrued by Richard A. Schacht, former Chief of Police. (City Administrator recommends approval.) 3. Resolution No. 47-79 adopting salary ranges and steps for employees for 1979/80 fiscal year and transfer $18,000 from unobligated reserve. (City Administrator recommends approval.) E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Administrator 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 11, 1979, 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Shelton with the Pledge of Allegiance. Mayor Shelton gave the invocation since Reverend Dear, City Chaplain was unable to be present. ROLL CALL Present: Councilmen Harmon, Reasor, Rosenberg, and Mayor Shelton Absent: Councilmen Cantine STAFF PRESENT Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney Tom McGonagill, Finance Director Elizabeth Penny, Deputy City Clerk PUBLIC COMMENT Lois Rowland stated she represents People United for Responsible Government (PURG) and that PURG has filed the necessary papers to ini- tiate a recall election for Councilmen Cantine and Harmon. Mrs. Rowland stated that Councilman Harmon has received his papers, but because Councilman Cantine is absent his papers will be sent to his house by certified mail. Mrs. Rowland then read into the record the following reasons for the recall of Councilmen Cantine and Harmon: Councilman Rosenberg arrived at 7:33 p.m. (1) violated campaign promise to repeal sewer tax by imposing new tax, placing greater burden on retired and low-income minimum water users. (2) Participated in inept hiring practices of City personnel. Ignored own advertised job criteria. (3) Spent thousands of dollars for consultant to evaluate consultant, then ignored recommendations of own consultant. (4) Despite campaign promises, water shortages still unresolved. Appointed committee chairman who publicly opposed solution to water problems. (5) Ineptness, indecision, and vacillation, causing over a half -million dollars increased costs for wastewater treatment plant project. Delays further compound effects of inflation on final costs. 9 MINUTES - MORRO BAY CITY COUNCIL September 11, 1979 Regular Meeting Page 2 (6) Made a mockery of a public hearing February 26th by passing an emergency ordinance based on false information. Mrs. Rowland then noted that the following three additional reasons for the recall pertain only to Councilman Cantine: (1) Campaigned to solidify the community, but in truth has polarized it by supporting unwarranted attacks on the business community. (2) Unwilling to accept responsibility for official affairs. (3) Displays vindictiveness, arrogance, childishness, and rudeness in public meetings and public statements. Mrs. Rowland then noted that the following three additional reasons for the recall pertain only to Councilman Harmon: (1) Fiscal irresponsibility. Campaigned to reduce the budget; in fact, approved 1978/79 budget considerably larger. (2) Campaigned for harbor improvements, then voted against building new docks. (3) Unwilling to accept responsibility for conduct of City affairs. Dick Haddock asked if there was any additional information available concerning the article in the paper about people who want to build condo- miniums and give some wells to the City. Mr. Guluzzy stated the City has not received any additional infor- mation, but that the City is expecting a letter from Ray Gallo enumera- ting the issues. Mr. Moody stated he is representing his mother who lives alone in an R-1 area and has been assessed a dual sewer tax of $7.00 instead of $3.50. There is a non -connected garage with a commode and a lavatory in it, but it has never been used or rented out. He stated his mother lives on Social Security, therefore, he requested this additional $3.50 be negated. The City Council directed staff to research this matter and report back to Council. A. CONSENT CALENDAR A-1 Minutes of the June 27, 1979 executive session. A-2 Minutes of the July 9, 1979 executive session. A-3 Minutes of the July 11, 1979 adjourned meeting. 9 MINUTES - MORRO BAY CITY COUNCIL September 11, 1979 Regular Meeting Page 3 A-4 Minutes of the July 25, 1979 adjourned meeting. A-5 Minutes of the August 13, 1979 regular meeting. A-6 Minutes of the August 13, 1979 executive session. A-7 City Attorney's fee for the 1979/80 fiscal year to be increased from $40 per hour to $55 per hour. (City Administrator recom- mends approval.) Councilman Rosenberg requested that item A-5 be pulled. The Council concurred. MOTION: Councilman Harmon moved that Consent Calendar items A-1 through A-4 and A-6 and A-7 be approved. The motion was seconded by Mayor Shelton. Miss Penny requested clarification concerning the approval of A-1 as to whether the approval was with the recommended changes from Councilman Cantine or as submitted by staff. Mayor Shelton stated approval is based upon submittal by staff. The motion carried with Councilman Cantine absent. A-5 Minutes of the August 13, 1979 regular meeting. Councilman Rosenberg requested the deputy city clerk to check her notes for additional motions concerning the Chamber of Commerce discussion and present the minutes for approval at the next meeting. The Council concurred. B. HEARINGS, APPEARANCES,AND REPORTS None. C. UNFINISHED BUSINESS C-1 Ordinance No. 170 designatingino-smoking areas in certain public) places. (City Administrator recommends approval.) Mr. Guluzzy briefly reviewed the ordinance with the Council and noted that this was the second reading and would recommend the Council approve it as submitted. No public or Council comments were offered. MOTION: Mayor Shelton moved that Ordinance No. 170 be read by title only. The motion was seconded by Councilman Harmon and carried with Councilman Cantine absent. MINUTES - MORRO BAY CITY COUNCIL September 11, 1979 Regular Meeting Page 4 Mr. Guluzzy read Ordinance No. 170 by title only. "An Ordinance designating no -smoking areas in certain public places." MOTION: Mayor Shelton moved this constitute the second reading of Ordinance No. 170. The motion was seconded by Councilman Rosenberg and carried with Councilman Cantine absent. D. NEW BUSINESS D-1 Bid award to(Xerox Corporation)in the amount of $16,386.40 for the purchase of a Xerox 4500 to replace the Xerox 2400 in City Hall. (City Administrator recommends approval.) Mr. Guluzzy stated the City Hall xerox machine is 15 years old and has daily jams and breakdowns. He stated the purchase of a copy machine was put out to bid, and four bids were received. Only two of the bids received met the bid specifications --IBM and Xerox. Staff is recommending the purchase of the Xerox machine in the amount of $16,386.40 and this money has been budgeted in the 1979/80 capital improvement budget. MOTION: Mayor Shelton moved that the City Council authorize staff to award the bid to replace the Xerox machine in the City Hall building to Xerox Corporation in the amount of $16,386.40 to purchase the Xerox 4500. The motion was seconded by Council- man Reasor and carried by roll call vote with Councilman Cantine absent. Mr. Campbell stated he is not questioning the need for a copy machine, but feels that funds should be spent on the streets in Morro Bay. He noted that the streets in North Morro Bay are especially bad and in need of repair. Councilman Rosenberg noted that the City would be purchasing the Xerox 4500 rather than leasing the machine which is what is currently being done. He also noted that the new Xerox 4500 would have the capability of copying on both sides of the paper which would save on costs. D-2 Transfer $7,708.35 from unobligated reserves to Police Department for the purpose of paying the 88.5 sick days accrued by Richard A. Schacht, former Chief of Police. Mr. Guluzzy stated this matter has been discussed in executive session and staff has met with the City's attorney, Richard Schacht, and Mr. Schacht's attorney concerning a potential disability hearing. Staff has negotiated with Mr. Schacht concerning a settlement and Mr. Schacht is willing to forego the disability hearing in exchange for payment of 88.5 sick days accrued which would amount to $7,708.35. MINUTES - MORRO BAY CITY COUNCIL September 11, 1979 Regular Meeting Page 5 MOTION: Councilman Rosenberg moved that the City Council authorize staff to transfer $7,708.35 from unobligated reserves to the Police Department for the purpose of paying the 88.5 sick days accrued by Richard A. Schacht, former Chief of Police and authorize the Mayor and City Administrator to sign the agreement. The motion was seconded by Councilman Harmon and carried with Councilman Cantine absent. D-3 Resolution No. 47-79 adopting salary ranges and steps for employees for 1979/80 fiscal year and transfer $18,000 from unobligated re- serve. (City Administrator recommends approval.) Mr. Guluzzy stated the resolution represents the negotiated settle- ment for salary increases for the firefighter, police, and general employees. He then requested that the Council approve a transfer of $18,000 from unobligated reserve to cover the salary increases for fiscal year 1979/80. Councilman Reasor asked if the resolution included the additional 1 1/28 for the firefighters that is over and above the 10% increase given to the firefighters, police, and general employees. Mr. Guluzzy stated that the additional 1 1/2% increase making the firefighter's increase 11 1/2% is included within the resolution. Mayor Shelton stated he would like to discuss the City Admini- strator's salary increase separately, namely when the Council does the evaluation of his job performance. The Council and Administrator briefly discussed when the City Administrator should.receive a salary increase. MOTION: Councilman Rosenberg moved that Resolution No. 47-79 be amended to include a 10% salary increase for the City Administrator. The motion was seconded by Mayor Shelton and carried with Councilman Cantine absent. MOTION: Councilman Rosenberg moved that Resolution No. 47-79 as amended be read by title only. The motion was seconded by Councilman Reasor and carried with Councilman Cantine absent. Mr. Guluzzy read Resolution No. 47-79 by title only. "Resolution establishing salary ranges and steps for employee classifications, de- scribing methods of advancement and superseding previous salary reso- lutions in conflict." MOTION: Councilman Rosenberg moved that Resolution No. 47-79 as amended be approved. The motion was seconded by Mayor Shelton and carried by roll call vote with Councilman Cantine absent. MINUTES - MORRO BAY CITY COUNCIL September 11, 1979 Regular Meeting Page 6 E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Councilman Rosenberg stated he has heard that the Chamber of Commerce has voted to vacate the building that they are currently operating out of, therefore, he stated he would like to move on de- claring that building as a source of funds or putting it out to bid with some guidelines for the use, e.g, water -related use. He stated if this is confirmed that the Chamber is vacating the building he would like for staff to submit to Council some proposals. Councilman Rosenberg stated he met with Dave Garth, SLO City's Chamber of Commerce Director and discussed the relationship they have with the City of SLO. He stated if the Council does decide to have a visitor information center, then the building that the Chamber is in now could be considered for the building for the visitor information center. Mr. Guluzzy advised the Council that he received the Chamber of Commerce's audit report. Councilman Rosenberg stated prior to his commenting on the Notice of Intent to have a recall of Councilmen Cantine and Harmon, that he would like to see what the acutal details of this matter are. Councilman Rosenberg stated he is very concerned with the one -page advertisement that appeared in the Sun Bulletin entitled "We Apologize" He stated he felt it was absolutely atrocious and that it is the kind of activity that polarizes the community. He stated he felt the adver- tisement is one-sided and implies that the action of the City Council was arbitrary and that the Council was trying to get rid of the parking space and was an anti -business move. The ad completely ignored the intent of the Council, e.g., discussions Councilman Rosenberg held with the Chamber of Commerce and the Public Services Director in an attempt to get replacement parking spaces. The ad completely ignored the fact that the Council is willing to go to an ordinance change so that the hardware shop could have two parking spaces in front of the business. He then stated he was infuriated when he saw the various businesses posting this ad in front of their stores. He felt this was a terrible image to project for visitors coming to the City. Councilman Reasor asked what the hold up on the construction of the restroom on the Embarcadero by the harbor office was. Mr. Guluzzy stated he did not know, but would look into the matter and report back to Council on this. Councilman Reasor noted that the discussion concerning the Pro- perty Maintenance Code for the City had an effect in the area of Shasta, Harbor, and Main streets. MINUTES - MORRO BAY CITY COUNCIL September 11, 1979 Regular Meeting Page 7 Mayor Shelton stated he would like to make the following appoint- ments to the Finance Committee: Howard Gaines, Carl Ansberry, Jim Goldsbrough, Paul Nelson, and Milt Levy. He then stated he would like to appoint Don Bailey to the Environmental Resources Committee to replace Chuck Orr. He then stated he would send a letter to these people giving them specific direction. Councilman Rosenberg asked what the role of the Finance Committee is specifically. Mayor Shelton stated the Finance Committee examines the financial activities connected to the City from budgeting to capital expenditures and makes recommendations to the City Council. Mr. Guluzzy stated there are some problems with some of the people serving on the committees as it relates to their request for information. He stated he would like to establish a standard operating procedure of giving the City a certain amount of notice and time to assemble the in- formation. The Council concurred. Mayor Shelton asked what the status of preparing the bid speci- facations for community promotion was. Councilman Rosenberg stated he would like for staff and the Chamber to review the contract between SLO City and SLO's Chamber of Commerce in relation to developing the bid specifications. He suggested this matter be scheduled at'a City Council Study Session for conceptual approval. Mayor Shelton stated he would like for a copy of the contract to be sent to the Chamber of Commerce Board. Mayor Shelton stated the(S-enior Citizens) have a building which they have been occupying for five years through the City's Recreation Department. They have been asked to move and they are reluctant to move because of an agreement which is suppose to be drawn up for the other building which has not been done. He asked what the hang up is. Mr. Guluzzy stated the senior citizen's attorney is holding up the matter. He is suppose to develop a final draft agreement.' Council's direction was to put together an agreement that would give them a site as an interim measure so they can'go out and solicit federal, state, etc. funds. Staff is recommending that the $10,000 that has been set aside be used for upgrading of the parking lot and the undergrounding of the utilities, and some minor repairs of the interiors. Mr. Guluzzy stated he then reported back to Council at the following meeting and discussed this matter with them. The seniors then stated they had the possibility of getting $6,000 from the County, but needed a 10 year commitment concerning the site, but the Council had stated, that particular evening, that a two to three year agreement was a reason- able period of time to seek grants and would not commit themselves to MINUTES - MORRO BAY CITY COUNCIL September 11, 1979 Regular Meeting Page 8 any long-term lease or agreement with anyone at this time. Based upon this the draft was put together and is now being finalized by the senior citizen's attorney. Mayor Shelton asked if the agreement was the vehicle that would allow the seniors to get the money from the County. Councilman Rosenberg stated the agreement was so the seniors could prove that they have land allocated to them so they could get federal funds. During this time, the County came back and stated as a part of this agreement they need a 10 year committment and the Council said no to this. Mayor Shelton expressed concern with the situation stating the Council's credibility is suffering because this matter has been pending since April and it is almost October.. Councilman Rosenberg asked if the seniors could move into the Teen Center prior to the improvements being made. Mr. Guluzzy stated staff feels based upon the Council's past direction, the intent was to have the improvements made prior to the senior citizens occupying the building. Mayor Shelton stated the $10,000 was clearly for a senior citizens's building site and not a parking lot. Mr. Guluzzy stated the $10,000 was available for improvements. Staff's suggestion was to take the $10,000 to improve the parking lot to create 10 parking spaces, create underground utilities and bring interior "up to snuff." Rather than committing the money to a specific group staff recommended the money be spent for a public facility. Mayor Shelton stated he would like to get the seniors in the building and get the long-term agreement done. The $10,000 was specifically for a Senior Citizen's Community Building only and not for renovation of the existing Teen Center or for a parking lot. MOTION: Mayor Shelton moved that the $10,000 that was earmarked for a Senior Citizen's Community Center building remain in obli- gated funds for that purpose. The motion was seconded by Councilman Reasor. Mr. Campbell stated he understood that the senior citizens were not going to be the only group using the building, therefore, he agreed with Mr. Guluzzy that it should be called a public facility. MINUTES - MORRO BAY CITY COUNCIL September 11, 1979 Regular Meeting Page 9 The motion carried by roll call vote with Councilman Cantine absent. / MOTION: Councilman Rosenberg moved that the City Council authorize a transfer of $5,000 from unobligated reserve to non -departmental for the purpose of upgrading the Teen Center prepatory to use by the senior citizens. The motion was seconded by Mayor Shelton and carried by roll call vote with Councilman Cantine absent. Councilman Rosenberg stated he would like staff to contact the senior citizens and let them know what has transpired this evening and provide them an estimated dated of when they can move into the building. Councilman Reasor stated staff should look into red rock rather than asphalt for the parking lot. Councilman Harmon suggested than an agenda committee be formed consisting of the Mayor and Mayor Pro Tem. The purpose of the commit- tee would be to advise the City Administrator of what to place on the agendas, length, etc. Mayor Shelton stated he would suggest the Council provide staff with direction to resolve this matter, to balance the agenda in terms of length, and to solicit comments from the Council concerning the agenda. Councilman Rosenberg stated he disagrees with the suggestion. He feels the compiling of the agenda is the Mayor and City Administrator's responsibility. He stated he appreciates the goal, but would not sup- port the suggestion as presented. Councilman Reasor stated he is not for or against Councilman Harmon's suggestion. Mayor Shelton suggested in the past it has not been a process of sitting down to examine what is on the agenda and discuss possible al- ternatives of scheduling items, etc. He stated he could set aside a specific time to review the agenda and if there is something that is being placed on the agenda that he does not agree with that he could canvas the council and seek direction from them regarding this matter. The council concurred. Councilman Harmon asked if the Council would be receiving a copy of the Harbor Advisory Board minutes. Mr. Guluzzy stated as soon as he receives a copy of them that he will forward a copy to the Council. He stated that the HAB's second meeting was cancelled because Mr. Gurnee was ill and unable to attend, but there will be another one called soon and a copy of the HAB's agenda will be furnished to Council. MINUTES - MORRO BAY CITY COUNCIL September 11, 1979 Regular Meeting Page 10 E-2 City Attorney Mr. LeSage requested an executive session to discuss litigation. / E-3 City Administrator Mr. Guluzzy advised Council that he had met with Brown and Caldwell (B and C) on Wednesday, September 5, 1979 and discussed the problems and progress; other elements of the(_Wastewater Treatment Plant the 10% de- sign report and the five elements. He also stated he negotiated the Water Management Plan contract, and received from them the revised draft and the results of the negotiations. Jim Snow from the State Water Re- sources Control Board attended the meeting in the afternoon on September 5th. The State does not have many problems with the elements of the Water Management Plan that have been put together and revised. The Council previously authorized the execution of an agreement and there is a draft put together for the compensation, scope of services, and the 5700-41 forms. The contract for basic engineering services would be $52,336 and the fixed professional fee would be $6,264. Special engi- neering services would be as needed and only upon written authorization by the City Administrator acting as project officer not to exceed $20,000. This shall not be increased without an amendment to the agreement. B and C will hire a sub -contractor to do some of the work relative to the Water Management Study. The State will be sent a copy of this agree- ment. Mr. Guluzzy then reviewed the first status report from B and C on the Wastewater Treatment Plant. The element relative to the outfall is about two weeks behind because of additional field work that must be done. He also stated there is some confusion about who owns the outfall, whether it is Texaco or the City. The City has written to Texaco and re- quested permission to cut a chunk out about the surf line so the City can look inside the pipe and see its corrosiveness. The second element is on the water reclamation scheme in terms of the analysis they are doing there. The City negotiated an agreement with Mr. Domenghnini to allow B and C to drill lb test holes to check the land for reclamation. Mr. Guluzzy advised the Council that shortly staff would be asking B and C to attend a City Council meeting to present their report publicly. Mr. Guluzzy stated he has received a draft from the Department of Water Resources in regards to an alternate source study which Mr. Gurnee, Mr. Bressan, and himself will be reviewing and presenting to Council. Mr. Guluzzy noted that Mr. Sheahan will serve as the overall pro- ject manager for the Water Management Study. Mr. Guluzzy advised Council that he has completed the newsletter and it has been sent to the printer and the printer will set it up in the format in which it will be mailed to the residents, make the necessary deletions, etc. 0 MINUTES - MORRO BAY CITY COUNCIL September 11, 1979 Regular Meeting Page 11 Councilman Reasor asked if the Council was going to have the oppor- tunity to review the newsletter. Mr. Guluzzy stated he would like to.just go ahead and have it printed and sent out. He noted that he had contacted two professional journalists who critiqued it with him. Mr. Guluzzy stated the next Council Study Session has been scheduled from 5:00 p.m. to 7:00 p.m. in the City Hall Conference Room to discuss personnel matters and the status report. Councilman Harmon asked if there was any section in the agreement with B and C to look at the Chorro Creek Basin. Mr. Guluzzy stated that along with Domenghni, Giannini, etc. any possible alternate water sources would be dealt with by B and C and is outlined in the Scope of Services. MOTION: Mayor Shelton moved the meeting adjourn to executive session. The motion was seconded by Councilman Reasor and carried with Councilman Canine absent. The meeting adjourned to Executive Session at 9:00 p.m. and re- turned to Regular Session at 9:50 p.m. MOTION: Mayor Shelton moved the meeting adjourn to September 12, 1979 for a Study Session in the City Hall Conference Room to be- gin at 5:00 p.m. The motion was seconded by Councilman Reasor and carried with Councilman Cantine absent. The meeting adjourned at 9:50 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Penny Deputy City Clerk 0 CITY OF MORRO BAY Joint Study Session between the City Council and Planning Commission August 29, 1979, 7:30 p.m. Morro Bay Recreation Hall (1) 7:30 p.m. - 8:30 p.m. Discussion of Property Maintenance Code between the City Council and Planning Commission. (2) 8:30 p.m. - 9:00 p.m. Discussion of City Newsletter with the City Council. (3) 9:00 p.m. Executive Session to discuss personnel with the City Council. r • • MINUTES - MORRO BAY CITY COUNCIL AND PLANNING COMMISSION Joint Study Session August 29, 1979, 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Acting Mayor Harmon. ROLL CALL Present: Councilmen Harmon, Reasor, and Rosenberg and Commissioners Hofstead and Kelsay Absent: Councilman Cantine and Mayor Shelton; and Commissioners Elster, Paul, and Peters STAFF PRESENT Donald F. Guluzzy, City Administrator T. Keith Gurnee, Community Development Director Elizabeth Penny, Deputy City Clerk (1) Property Maintenance Code Mr. Gurnee stated staff has been working on developing the Property Maintenance Code since May. The Property Maintenance Code defines twenty-six categories of various property maintenance nuisances in- cluding abandoned buildings, diseased trees, accumulated trash, deteri- orating structures, weeds, and campers parked for inordinante periods of time in yard areas. Mr. Gurnee showed several slides that were taken throughout Morro Bay that depicted areas needing property maintenance. They included examples of a storage building next to a residence that is deteriorating; abandoned buildings; substandard homes; illegal hookups of trailers; abandoned business signs that are no longer in business (Cozy Motel); Red and Reamer storage yard; cars parking; Paynes Music (paint peeling off of wall) which is located in central downtown area; the corner of Harbor and Embarcadero there is a dirt parking lot with weeds that charges for parking; the old "Airport" building is being used as a resi- dence; the Brebe's T=Pier; outdoor storage of dumpsters that are not screened and are out in the public right-of-way; on Scott Street there is a lot of storage sheds,'dumping grounds, people park buses, boats, campers, in the frontyard setbacks which is against the code; bluff erosion; a house that is full of garbage and has garbage setting outside. Mr. Gurnee then reviewed the current code enforcement problems and his proposed code enforcement program. Mr. Gurnee reviewed Ordinance No. 167 which would amend the code section dealing with maintenance of property and public nuisances. The sections are as follows: (1) purpose and intent; code enforcement MINUTES - CITY COUNCR/PLANNING COMMISSION • August 29, 1979 Joint Study Session Page 2 official; maintenance of property nuisance unlawful; abatement of nuisance; right of entry; first notice --finding of nuisance; second notice --hearing to abate nuisance; hearing by code enforcement official; presentation and service of order to abate; appeal procedure; abatement by city; cost accounting --notification; assessment --lien; and alterna- tive actions available. Councilman Rosenberg stated he agrees with the objective and feels that a Property Maintenance Code is necessary. He then stated there needs to be some kind of a mechanism to use as a guideline for inter- pretation. In regards to #16 he felt staff was trying to interpret someone's motives and should be rewritten to meet the actions that are intended; #25 the phrase "so out of harmony" needs to be tightened up; and #28(i) the phrase "immoral acts" is too broad. Councilman Reasor stated he feels the Property Maintenance Code is really needed. It is necessary to get rid of nonconforming uses and the illegal hook-ups of trailers that serve as permanent residents. Number 19 should only address abandoned vehicles but provisions for parking in streets for families, that may have more cars than driveway space must be made. Commissioner Hofstead stated she felt there should be some pro- visions made to allow people to report a violation without having to give their name because of possible retaliation from their neighbors. Councilman Rosenberg stated he would like to see some attention given to the upgrading of e.g., Morro Bay Boulevard with planters, benches, etc. He stated this is an area that the City could work with the Chamber of Commerce on. Mr. Campbell stated he agrees with the City Council 100% con- cerning the Property Maintenance Code, but that the City must set an example, e.g., the lease law requirement that has not been enforced for years. The Council and Planning Commission discussed the City's trash pick-up program that occurs'in April and suggested that two trash pick- ups be scheduled per year, rather than the one. They felt this would eliviate some of the Property Maintenance Code problems that were men- tioned by Mr. Gurnee. At 8c47'p.m. the Planning Commission left. (2) Newsletter Mr. Guluzzy stated he had tried to develop a simple newsletter using easy to understand English. He advised Council that the depart- ment heads had reviewed the newsletter. He also noted the time con- straints involved in getting the newsletter completed. 0 MINUTES - CITY COUNCIL/PLANNING COMMISSION August 29, 1979 Joint Study Session Page 3 Councilman Reasor expressed concern with the budget session; he feels that there is an invalid comparison relating to the figures. He suggested the figures compare last year's budget to this year's budget. He was also concerned with the terminology utilized in the newsletter. He felt if the newsletter was longer than two pages, then it would probably not even get read. Councilman Reasor concluded his comments stating he would like for each individual topic to be from five to seven sentences long. Councilman Rosenberg stated he feels the wastewater treatment plant project and the water situation in Morro Bay are the most im- portant items, and should definately be included within the first newsletter. He suggested these items be addressed by dealing with the following: (1) why Morro Bay is not meeting the Federal requirements; (2) as a result of Morro Bay not meeting the Federal requirements Morro Bay has a building and water moratorium placed upon it; (3) explain what steps have been taken by the City to alleviate this, e.g., Phase I and Phase II of the wastewater treatment plant being implemented and the cost involved; (4) comment on the City's current plan; and (5) what does the future of Morro Bay look like. Councilman Rosenberg stated the text concerning the Water Manage- ment Plan was fine. He then addressed the Long -Term Water Study stating that it is a very important item, and that he would like to see it rewritten so that it does not sound like a "typical governmental document", and to give it life. He suggested that the resolution that is quoted within the text, as being adopted by the Council, should go further by explaining briefly its contents and advising the public that they can obtain 'a copy of it at City Hall. Councilman Rosenberg stated the text concerning the sewer use fee should explain how the City arrived at the rate of'$1.75. Councilman Rosenberg stated he has the same concerns as Councilman Reasor does as it relates to the City's municipal budget. He stated the budget must address how much more is the 1979/80 budget than the 1978/79 budget; and what will the citizens of Morro Bay be getting for the increase in the budget: He also stated that the reorganization of the City should either be addressed within the first or second news- letter. Councilman Rosenberg stated he feels the Police Department status report should be dropped from the first newsletter because it does not have the magnitude of importance as, e.g., the wastewater treatment plant does. Councilman Rosenberg stated he feels the text on the Human Resources Committee is fine, but that he would suggest that a tele- phone number and a contact person be included within the item. 0 0 MINUTES - CITY COUNCIL/PLANNING COMMISSION August 29, 1979 Joint Study Session Page 4 Councilman Rosenberg suggested the questionnaire be rewritten with a single question asking the citizens the following: "Which way would you rather see the newsletter distributed? with the water bills (50% each month), _printed in the Sun Bulletin, or door-to-door. Councilman Rosenberg stated he would like for the next newsletter to include something about the centralized PBX telephone number and the citizen complaint system. Councilman Harmon suggested that the sewer use fee, budget, wastewater treatment plant, and the Human Resources Advisory Com- mittee item be included in the next newsletter. He also stated that the final printed copy is very important and that the print should not be too small. MOTION: Councilman Rosenberg moved that the meeting adjourn to Execu- tive Session. The motion was seconded by Councilman Reasor and carried with Councilman Cantine and Mayor Shelton absent. The meeting adjourned to Executive Session at 9:30 p.m. and returned to the Study Session at 10:00 p.m. MOTION: Councilman Rosenberg moved that the meeting adjourn to Tuesday, September 11, 1979 at 7:30 p.m. for the Regular Meeting. The motion was seconded by Councilman Reasor and carried with Councilman Cantine and Mayor Shelton absent. The meeting adjourned at 10:00 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Penny Deputy City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL August 27, 1979, 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR 1. Minutes of the June 27, 1979 executive session. 2. Minutes of the July 9, 1979 regular meeting. 3. Minutes of the July 9, 1979 executive session. 4. Minutes of the July 23, 1979 regular meeting. 5. Minutes of the July 23, 1979 executive session. 6. Minutes of the July 25, 1979 executive session. 7. Financial statement for the period covering July 1, 1979 to July 31, 1979. (RECOMMEND APPROVAL) 8. Resolution No. 45-79 expressing appreciation from Morro Bay's City Council to Congressman Leon Panetta for his assistance in getting the Corps of Engineers to proceed with the dredging of Morro Bay's harbor. 9. Resolution No. 43-79 approving contract with the California Highway Patrol for Abandoned Vehicle Abatement Participation. 10. Use Permit Agreement between Roandoak of God and the City of Morro Bay to use the "Boone Ranch Wellsite" from July 1, 1979 through June 30, 1980. (RECOMMEND APPROVAL) B. HEARINGS', APPEARANCES,AND REPORTS Ordinance No. 170 designating no -smoking areas in certain public places. C. UNFINISHED BUSINESS None. D. NEW BUSINESS 1. • Review of Housing Element amendments as recommended for approval by the Planning Commission. 2. Resolution No. 44-79 approving a five year agreement between Pacific Gas and Electric Company and the City of Morro Bay for use of PG&E's properties by the City for the Lila Keiser Park area. 3. Approval of Collective Bargaining Agreements with Police, Fire, and City Employees Associations. 4. Council will consider a response to the County's request for tentative subscriptions for. the Naciamento water, project. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 27, 1979, 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Shelton with the Pledge of Allegiance. Reverend Dear, City Chaplain gave the invocation. ROLL CALL Present: Councilman Harmon, Reasor, Rosenberg, and Mayor Shelton Absent: Councilman Cantine STAFF PRESENT Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney Tom McGonagill, Finance Director John Bressan, Public Services Director T. Keith Gurnee, Community Development Director Elizabeth Penny, Deputy City Clerk PUBLIC COMMENT Mr. Gaines referred to an article in the Telegram Tribune con- cerning Morro Bay Chamber of Commerce's expenditure of $58,000 for the 1978/79 fiscal year. He then asked when the City would receive the Chamber's financial statement. Mrs. Keiser spoke as a member of the Chamber of Commerce stating that the financial statement has been completed and that the City should have received a copy by now. The City Council directed staff to see if the financial state- ment had been received, and if not, to contact the Chamber for a copy. CONSENT CALENDAR A-1 Minutes of the June 27, 1979 executive session. A-2 Minutes of the July 9, 1979 regular meeting. A-3 Minutes of the July 9, 1979 executive session. A-4 Minutes of the July 23, 1979 regular meeting. A-5 Minutes of the July 23, 1979 executive session. A-6 Minutes of the July 25, 1979 executive session. A-7 Financial statement for the period covering July 1, 1979 to July 31, 1979 (RECOMMEND APPROVAL) A-8 Resolution No. 45-79 expressing appreciation from Morro Bay's City Council to Congressman Leon Panetta for his assistance in getting the Corps of Engineers to proceed with the dredging of Morro Bay's harbor. MINUTES - MORRO BAY CITY COUNCIL August 27, 1979 Regular Meeting Page 2 A-9 Resolution No. 43-79 approving contract with the California Highway Patrol for Abandoned Vehicle Abatement participation. A-10 Use Permit Agreement between Roandoak of God and the City of Morro Bay to use the "Boone Ranch Wellsite" from July 1, 1979 through June 30, 1980. (RECOMMEND APPROVAL) Councilman Rosenberg pulled items A-9 and A-10, Councilman Reasor pulled item A-4, and Mayor Shelton pulled items A-1 and A-3. MOTION: Councilman Reasor moved that the City Council approve items A-2 and A-5 through A-8. The motion was seconded by Council- man Rosenberg and carried by roll call vote with Councilman Cantine absent. A-1 Minutes of the June 27, 1979 executive session. A-3 Minutes of the July 9, 1979 executive session. A-4 Minutes of the July 23, 1979 regular meeting. The City Council stated they would discuss items A-1 and A-3 under executive session. Councilman Reasor addressed item A-4 and noted a correction to the minutes concerning a motion that reads that it was made and seconded by the same Councilman. He stated he would review this matter with the deputy city clerk. The Council concurred and continued item A-4 to the next meeting. A-9 Resolution No. 43-79 approving contract with the California Highway Patrol for Abandoned Vehicle Abatement participation. A-10 Use Permit Agreement between Roandoak of God and the City of Morro Bay to use the "Boone Ranch Wellsite" from July 1, 1979 through June 30, 1980. (RECOMMEND APPROVAL) Councilman Rosenberg addressed item A-9 by expressing concern that there might be hidden costs to the City and that the State does not cover the entire expense. Mr. LeSage stated this is a program the City is already involved with and it is just a matter of renewal and there is no cost to the City. Councilman Rosenberg addressed item A-10 expressing concern with the low cost of rent being charged. Mr. LeSage stated the low-cost rent is in exchange for a 10 year agreement for use of the water well on the property. MOTION: Councilman Rosenberg moved that the City Council approve items A-9 and A-10. The motion was seconded by Mayor Shelton and carried by roll call vote with Councilman Cantine absent. MINUTES - MORRO BAY CITY COUNCIL August 27, 1979 Regular Meeting Page 3 B. HEARINGS, APPEARANCES, AND REPORTS B-1 Ordinance No. 170 designating.no-smoking areas\in certain public places. Mr. Guluzzy briefly reviewed the proposed ordinance and advised Council that it had been published in its entirety in the newspaper. Bob Thomas stated he feels the Council is on the right track; that non-smokers have rights too; and that the proposed ordinance is not strong enough. Mr. Thomas then stated in waiting rooms, libraries, etc. a separate room should be designated for smokers, because if the smoking section is in the same room as the non-smoking section, the non-smoker would still be affected. He also stated that smoking in outside areas, e.g., grand stands causes problems. Mr. Thomas did not feel that smoking within lobbies should be permitted because children travel through the lobbies. If smoking is going to be per- mitted in lobbies then he felt that two lobbies should be provided. Mr. Thomas concluded his comments stating Morro Bay's No -Smoking ordi- nance should be similar to the County of San Luis Obispo. Carol Lutz stated the smoking and non-smoking sections in the restrooms should be separate. She also stated since Morro Bay's restaurants seating capacity is small in comparison to San Luis Obispo restaurants, that the seating capacity of 50 or more persons require the posting of "No Smoking" signs within eating establishments be lowered to e.g., 25. Mr. Diffley advised the Council of the practice of several restau- rants as it relates to smoking and non-smoking sections as follows: Sebastians posts a sign in lobby; Apple Farm posts a sign outside; This Old House has the hostess ask people if they prefer to sit in the smoking or non-smoking section; because of the L-shape layout of Corcoran's it has problems keeping the smokers from the non-smokers and the hostess is responsible for this; Motel Inn has no problems and signs are posted; and Wine Street Inn is on a voluntary basis. Mr. Difley then referred to an article from the Los Angeles Times that talks about the effects of smoking upon children who live with parents who smoke. The effects include bronchitis and various allergies. He then talked about the effects of "side stream smoke" on non-smokers. Councilman Rosenberg stated he feels it is the County and City's responsibility to limit air pollution as much as possible, therefore, he stated he would support the ordinance. He also stated he supports the mandatory provision, the posting of signs outside should be optional, and the idea of separate smoking rooms is a good idea but is not economi- cally feasible for the small businesses in Morro Bay. MINUTES - MORRO BAY CITY COUNCIL August 27, 1979 Regular Meeting Page 4 Councilman Reasor stated he has mixed emotions about passing another law and telling someone they cannot do something. He then / stated he would support the ordinance being on an optional basis for restaurants to post signs, and that separate rooms are not affordable for Morro Bay's small restaurants. Councilman Harmon stated he agrees with Councilmen Rosenberg and Reasor. He too noted that he is reluctant to legislate the qualities that are necessary for clean air, but would like to see the businesses support no -smoking areas because it makes sense. Councilman Harmon concluded his comments stating he would support the mandatory pro- vision. Mayor Shelton expressed concern with the City mandating rules on the people, but stated this is an area that does need to be addressed. He then stated he would like to see public restaurants have both smoking and non-smoking sections available. Councilman Rosenberg suggested Ordinance No. 170 be amended as follows: (1) change section 4(a) "Eating Establishments" to sub- section (g) under Section 3, this would change the optional clause to be mandatory; (2) new subsection (g) (first change) read: "...seating 50 or more persons, must post "No Smoking" signs within the eating es- tablishment ."; and (3) new subsection ;g)'(second revision) delete "shall" and insert: "...within the establishment as provided herein - above may at his discretion, cause to be posted..." MOTION: Councilman Rosenberg moved that Ordinance No. 170 as amended be read by title only . The motion was seconded by Councilman Harmon and carried unanimously. Mr. Guluzzy read Ordinance No. 170 by title only. "Ordinance designating no -smoking areas in certain public places." MOTION: Councilman Rosenberg moved this constitute the first reading of Ordinance No. 170. The motion was seconded by Councilman Harmon and carried by roll call vote with Councilman Cantine absent. Mayor Shelton introduced Supervisor Steve MacElvaine to the public. D. NEW BUSINESS D-1 Review of Housing Element amendments as recommended for approval by the Planning Commission. MINUTES - MORRO BAY CITY COUNCIL' August 27, 1979 Regular Meeting Page 6 Amendment No. 3: Page 12. Under "Housing Problems" add a new su -paragraph "e" under paragraph 3 as follows: "e. All of these factors, coupled with moratoriums on water and sewer hookups and changes in financing favoring condo- minium development over apartments, are expected to give rise to condominium conversions and the problems of tenant displacement, reductions in the City's rental housing stock, and rising rents that can accompany such conversions." Amendment No. 4: Page 13. Add.a new sub -section "9" as follows: "9. Pressures to convert existing apartments are expected to increase in Morro Bay. Unless properly controlled and regulated, the conversion of apartments to condominiums could cause significant displacement of existing residents, remove units from the rental housing market, and cause an increase in rents which could seriously affect low to moderate income housing opportunities in the City of Morro Bay." Amendment No. 5: Page 16. Change the third sentence in the first paragrph and add a new second and third paragraph to read as follows: "...The latest in multiple family y housing, condominiums and condominium conversions, have also found their way to Morro Bay. "Condominium: is not so much a particular type of unit as it is a form of ownership whereby a portion of a larger price of property, building, or airspace is owned or otherwise controlled by an individual owner or owners. Lands zoned for multi -family use have increasingly gone the way of condominiums rather than rental apartments. And as both land and water have become scarce in Morro Bay, con- versions of existing apartment buildings to condominiums are one of the few types of development that can occur under the water and sewer moratoriums that affect the City." So far, many of the condominiums and most of the condominium conversions that have been approved by the City share many of the same problems as apartments when it comes to the poor design and lack•of amenities that typify multi -family housing in Morro Bay. The motion was seconded by Councilman Rosenberg and carried by roll call vote with Councilman Cantine absent. 4 MINUTES - MORRO August 27, 1979 Page 5 BAY CITY COUNCIL Regular Meeting Mr. Gurnee advised the Council that the Planning Commission on August 6, 1979 adopted a series of Housing Element amendments and a negative declaration as a part of that action. It is now necessary that the Council adopt the amendments so the Housing Element can be updated to reflect condominiums and condominium conversions. This is a requirement by law. After these amendments are adopted the second draft of the condominium conversion ordinance will be reviewed at a joint meeting of the Planning Commission and City Council. He then briefly summarized the five proposed amendments to the Housing Element. Mayor Shelton opened the public hearing. No public comments were offered. Mayor Shelton closed the public hearing. MOTION: Mayor Shelton moved that the City Council approve the following five amendments to the Housing Element: Amendment No. 1: Page 9. Add a new objective as follows: "Condominiums and Condominium Conversions The City should devise an ordinance and development standards to govern the development of condominium and condominium conversions in Morro Bay. Further, the City should make special provisions in the ordinance that would be designed to achieve the following purposes and intents regarding condominium conversions: (a) Protect the buyers of converted condominiums (b) Protect the tenants occupying the units to be converted (c) Assist and ease tenant relocations (d) Protect the supply of rental housing (e) Improve the site, buildings, and units (f) Facilitate home ownership by tenants and low to moderate income people." Amendment No. 2: Page 11. Add a new sub -section "ll" to "Housing Trends" as follows: "ll. Lands zoned for multi -family use have increasingly gone the way of condominiums rather than rental apartments -- a trend expected to continue. Further, both developable land and water have become scarce in Morro Bay, conversions of existing apartment buildings to condominiums are one of the few types of development that can occur under the water and sewer moratoriums that affect the City. While a source of least cost purchase housing, condominium conversions pose a number of social, economic, and design problems that should be addressed by the City before they are allowed to occur." 0 MINUTES - MORRO BAY CITY COUNCIL August 27, 1979 Regular Meeting Page 7 D-2 Resolution No. 44-79 approving a five year agreement between Pacific Gas and Electric Company and the City of Morro Bay ( for use of PG&E's properties by the City for the" Lila Keiser. Park area.' �. ) Mr. Guluzzy advised Council that this matter is still under nego- tiations and requested it be continued to another Council meeting with the date uncertain. The Council concurred. D-3 Approval of Collective Bargaining Agreements with Police, Fire, and City Employees Associations. Mr. Guluzzy reviewed the three contracts with the Council noting (1) all of the contracts exclude department heads; (2) the firefighters contract is for 11 1/2% increase for 1979/80 because Morro Bay's fire- fighters' salaries are lower than all of San Luis Obispo County and surrounding areas firefighters; and (3) a comparative analysis of the firefighter's salaries will be done so that the positions may be brought up to parity with other cities. Mr. Guluzzy concluded his comments stating if the Council approves the three contracts that a salary reso- lution would be presented at the next Council meeting. Councilman Reasor stated he has a problem with the Firefighter's contract and would like to discuss it further. Councilman Rosenberg stated (1) he is supportive of a two year con- tract so that the City does not have to spend the time next year in negotiations, (2) during the budget process next year a definite amount of money will be able to be set aside for salaries; (3) inflation this year is going to be 13% and the City is lucky to be able to pay only 10% salary increases; and (4) there is a need to have a better balance in the area of salaries for the firefighters. Councilman Harmon had no comments. Mayor Shelton stated the Los Angeles Cost -of -Living Index was used as a guide in determining the salary increases. He then stated he would support the three Memorandums of Understanding. MOTION: Councilman Reasor moved that the City Council approve the City Employee's Association and Peace Officer's Association Contracts and authorize the Mayor and City Clerk to sign them. The motion was seconded by Councilman Harmon and carried with Councilman Cantine absent. Councilman Reasor stated he could not support the 11 1/28 salary increase to the firefighters because the extra 1 1/2% increase is based upon data that has been furnished from the firefighters. Until the City can substantiate the inequity of the firefighter's salary he did not feel the increase should be granted. Councilman Reasor noted that the City agreed to conduct a salary analysis within one and one- half years. He concluded his comments stating he would support a 10% increase, but not an 11 1/28 increase. 4 MINUTES - MORRO BAY CITY COUNCIL August 27, 1979 Regular Meeting Page 8 Councilman Harmon stated since the additional 1 1/28 increase is still under what comparable fire departments pay their firefighters he would still stupport the 11 1/2% increase. Mayor Shelton stated because the City failed to conduct the com- parability study last year he feels that it is fair to grant the 11 1/2% increase this year while the study is being completed. The additional 1 1/2% increase will not cause the firefighter's salaries to go above or match other surrounding cities. Councilman Reasor stated factors such as population, types of fires that the firemen come in contact with, the area, etc. must be considered when making an assessment for the salaries. MOTION: Mayor Shelton moved that the City Council approve the Fire- fighter's Memorandum of Understanding and authorize the Mayor and City Clerk to sign. The motion was seconded by Councilman Harmon and carried by roll call vote with Councilman Reasor voting no and Councilman Cantine absent. / D-4 Council will consider a response to the County 's request for ( tentative subscriptions for the7Naciamento water project. Mr. Guluzzy advised the Council that the County has requested that the City of Morro Bay provide them with an idea of what the City wants to request for subscription for water services from the Naciamento water project because the County is considering a bond issue. Mr. Gurnee stated staff would recommend the Council request 1,500 to 3,000 acre feet of water be allocated to the City of Morro Bay from the Naciamento water project. Mrs. Keiser stated she feels that the City should ask for at least 2,000 acre feet of water. She also stated she had spoke to Clint Milne from the County and he advised her that if the City does not ask for enough that Morro Bay would have no recourse. Mrs. Rowland stated she feels that 1,500 acre feet of water is not a sufficient amount to request. She also noted that about 10% of the water would be lost in dissapation during its transport. All of the other communities are over -subscribing the amount of water and Morro Bay should also. Mr. Campbell expressed concern with the City subscribing to only 1,500 acre feet of water. He refered to the situation that Morro Bay is in as it relates to Whale Rock. He stated he would like for the City to subscribe to 3,000 acre feet of water. MINUTES - MORRO BAY CITY COUNCIL August 27, 1979 Regular Meeting Page 9 / Mr. Difley asked what the cost involved would be. Mr. Gurnee stated this can not be determined at this time until additional review and planning is done, right now the City only has a range to work with. Mr. Lemons stated he feels the City should request 3,000 acre feet of water. Because of Morro Bay's severe water problem, the City should be exploring all possible sources of supplemental water. He also stated he does not feel the City should depend upon water wells as a primary source of water. Councilman Rosenberg stated he feels strongly that the City should not indicate an interest of less than 3,000 acre feet of water, and that he would even support 3,300 acre feet. He also stated he would like for the city attorney to look into riparian rights of the water. Councilman Reasor stated he would like to know what rights the City has gained by the suit as it relates to the riparian rights in the valley. He felt the City would be able to use some of the surplus water in the valley, but that the quality would probably not get any better. Salt water intrusion cannot be prevented and the City might have to deal with this in the future. He also expressed concern with the cost to the citizens of Morro Bay and felt the City should only subscribe to the amount of water that is needed and not over -subscribe. Councilman Harmon stated the Council does not have the final figures as to what we can use as a City. He also stated this issue is being looked at in a vacuum whereby the maximum allocation assumes that we are not going to get any more water within the next six to eight years. He stated he feels there is other water sources that are available to the City and that he is not willing to make the above assumption, therefore, he stated he would support staff's recommen- dation of a minimum of 1,500 and a maximum of 3,000 acre feet of water. Mayor Shelton stated since he has lived in the City, that Morro Bay has been seeking 3,300 acre feet of water per year from Naciamento. He noted that the figures are based upon 1974 data. Mayor Shelton also stated he the community is skeptical concerning the 3,300 figures be- cause Morro Bay's population is only 9,000 and they question why the City wants 3,300 acre feet of water which would have a projected buildout of doubling in the 'next 20 years. The City.is only going to be using about 1,500 acre feet, but paying for 3,300 acre feet. The County does not want to provide the City with figures for 2,000 acre feet because in the past Morro Bay's subscription has been for 3,300. The City must first decide what it wants in terms of buildout in the next 20 years, e.g., 15,000, 13,000, 26,000 and these are the three alternatives that 0 MINUTES - MORRO BAY CITY COUNCIL August 27, 1979 Regular Meeting Page 10 that have been presented to the Council as it relates to the water needs. Mayor Shelton stated he would agree with Mrs. Rowland's suggestion of L1),�5,00 acre feet of water. Supervisor Steve MacElvaine stated the situation involved here is there are more subscribers than there is water. For example, if the City feels that 2,000 acre feet of water is what is necessary for Morro Bay, with all of the other cities involved setting specific numbers ex- ceed 1,500, then percentage reductions will have to be done. Therefore, Morro Bay must realize that there will be some cutback. He stated he sees no reason why SLO County could not deliver the 1,500. There are current efforts to build a tunnel between San Antonio Lake and Naciamento take which would balance out in heavy rain years; there is a project underway to build a hydro -electric dam or plant into the existing San Antonio Dam which should be able to reduce some of our pumping costs. There will be a terminal reservior in North Mountain in the transmission facility of 900 acre feet so there should be no problem in getting the water even in a drought year. The County is trying to find out what do the County -wide subscribers want first and then the developments around the lake, e.g., Oak Shores, Heritage Ranch would have an opportunity to receive an allocation. Supervisor MacElvaine concluded his comments by advising the Council to leave some flexibility because there are going to have to be cutbacks. Councilman Reasor left the meeting at 10:06 p.m. and returned at 10:08 P.M. Councilman Rosenberg suggested that the City request 3,000 to 3,100 acre feet of water from the County, but also request figures for planning purposes of 1,500 to 2,000 acre feet of water. Mayor Shelton stated he would like to also see the figures involved for 2,000 acre feet, but as far as the request to the County he would support 3,000 acre feet. MOTION: Councilman Rosenberg moved that the City Council (1) support 3,100 acre feet of water as the figure submitted to the County, (2) request a figure analysis be done for 1,500, 2,000 and 2,500 acre feet; and (3) that a letter be drafted to Mr. Milne concerning these requests. The motion was seconded by Mayor Shelton. Councilman Reasor stated the only way that he would support the motion is that that figures can be changed and that it is only a ten- tative figure. He stated he would like to see some figures come out that are realistic advising the residents how much it is going to cost each month. He concluded his comments stating he supports the remainder of the motion and reiterated the fact that approval of the motion would MINUTES'- MORRO BAY CITY COUNCIL August 27, 1979 Regular Meeting Page 11 be only with the understanding that this is a tentative figure and in no way obligates Morro Bay to any quantity of water stated here and it can be changed up until "X" amount of time. Councilman Harmon stated he does not support the proposal, but agrees with staff's recommendation. He then stated he feels that Morro Bay is the only City in the County that is out of water and we have the strongest case for receiving the amount of water we ask for. The motion carried with Councilman Harmon voting no and Councilman Cantine absent. Break: 10:30 p.m. Reconvened: 10:38 p.m. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Councilman Harmon asked what date the Harbor Advisory Committee met. Mr. Guluzzy stated the Committee met on Wednesday, August 22, 1979 and will be meeting again on September 6th. He also stated in the future he would like to schedule a joint meeting between the Harbor Advisory Board and the City Council. Councilman Harmon asked if the City has received any bids on the Visitor Information Center. Mr. Guluzzy stated he has not done anything on this matter because of other priorities. Councilman Rosenberg stated he understood that the Council re- quested staff put together a request for bids noting the performance criteria which would then come back to the Council for review. Councilman Harmon asked when the City Council/City Administrator evaluation would take place. The Council decided to await Councilman Cantine's return from vacation prior to scheduling this matter. Councilman Reasor stated he would like to discuss the City Admini- strator's job performance amongst the Council first, and then with the Administrator. The Council concurred. Councilman Harmon asked if anything had been resolved with Brebe's T-Pier. Mr. Guluzzy stated he had contacted Mr. Gallo and is awaiting his call to firm -up the meeting date. MINUTES - MORRO BAY CITY COUNCIL August 27, 1979 Regular Meeting Page 12 Councilman Harmon asked if there is any additional information about the bus shelter for SLO Transit. Mr. Guluzzy stated he has not had an opportunity to do anything in this area. Councilman Harmon asked if the City could go ahead and begin looking into the Chorro Basin, Giannini's well, and other options or wait until the Water Management Study is done. Mr. Guluzzy stated he would be meeting with Brown and Caldwell on September 5, 1979 to discuss the final agreement for the Water Manage- ment Study. Councilman Harmon asked what the procedure of putting a ballot measure on the next election would be. Mr. LeSage stated he would research this matter and report back to Council. / Mayor Shelton stated he received a letter from the Babe Ruth Baseball Organization requesting that the existing Del Mar Par pro- posal be called Roger D. Silacci Park. This man has worked fothe youth in the community very vigorously. He was killed at work in an accident and there are a lot of people in the community who have a high regard for this man. He requested that Council seriously consider this proposal to designate the park the tRoger D. SilaccilPark. Councilman Rosenberg stated he would like to receive a recommen- dation from the Parks and Recreation Commission concerning this matter. The Council concurred. Mayor Shelton stated he would write a letter to the Parks and Recreation Commission asking them to make a recommendation concerning the possible re -naming of bel Mar Park. Mayor Shelton asked if there had been any resolution or modifi- cation to the issue of the curbing in the downtown area. Mr. Bressan stated staff has changed the type of parking from loading zone only to limited time parking in front of the theatre. Mayor Shelton expressed concern with this because of the conflict with the theatre opening at 7:00 p.m. and this is usually the on and off loading area for the theatre. He asked if there was any marking that could negate the possibility of unrestricted parking occuring. MINUTES - MORRO BAY CITY COUNCIL August 27, 1979 Regular Meeting Page 13 Mr. Bressan stated there would have to be a change in the ordinance that would state by special conditions that parking is restricted after / 6:00 p.m. in the green zone. Councilman Rosenberg stated he feels a modification of the ordi- nance and the erection of a sign that prohibits parking in that area after 6:00 p.m. would provide the parking during the day, the red zone that we need, and provide the clear zone to the theatre after 6:00 p.m. The City Council directed staff to examine the alternatives avail- able and look into modifying the ordinance. E-2 City Attorney Mr. LeSage referred to a letter from Mr. Domenghini concerning his allowing the City to go on his property and drill ten test holes so that the quality of his water may be tested. He requested that the Council authorize the Mayor and City Clerk to sign an agreement to do this work. MOTION: Councilman Reasor moved that the City Council authorize the Mayor and City Clerk to sign the agreement with Domenghini Trust as recommended in the letter. The motion was seconded by Councilman Rosenberg and carried with Councilman Cantine absent. E-3 City Administrator Mr. Guluzzy stated the City recevied four bids for a copy machine, but only two of the bids met the specifications. He noted that $15,000 is proposed in the Capital Improvement Budget for a copier machine. He then stated he would recommend the purchase of a Xerox 4500. The City Council directed Mr. Guluzzy to place this matter on the next Council agenda (September 11, 1979) for approval. Mr. Guluzzy referred to a matter that he had discussed with Council a few months ago concerning the possibility of providing the reserve firefighters with disability insurance. The cost would be $220 for the year to cover all of the City's firefighters. Mayor Shelton stated he would like to see a written proposal con- cerning this matter by addressing (1) what will it cost the City, (2) what will it cost the firefighters, (3) address if there is any poten- tial liability and(4) submit it to the Council at the September 11, 1979 meeting for review. • 0 MINUTES - MORRO BAY CITY COUNCIL August 27, 1979 Regular Meeting Page 14 Mr. Guluzzy advised the Council because of September 1, 1979 being California Admission's Day, which is a legal holiday, the Council meeting would have to be held on September 11, 1979. Mr. Guluzzy stated in regards to the September 24, 1979 Council meeting, because of the problem with not having a quorum because of the League of California Cities Annual Meeting in San Franciso from September 22-25, 1979 he suggested the meeting be cancelled. The Council concurred that the September 24, 1979 meeting should be can- celled and the next regular meeting would be on October 8, 1979. Mayor Shelton advised Council that he would not be able to attend the Wednesday evening study session because he has to teach classes on Wednesday nights for the semester. Mr. Guluzzy stated he would like to have an executive session to discuss personnel. MOTION: Mayor Shelton moved the meeting adjourn to Executive Session to discuss personnel. The motion was seconded by Councilman Reasor and carried with Councilman Cantine absent. The meeting adjourned to Executive Session at 11:30 p.m. and returned back to the Regular Meeting at 11:38 p.m. MOTION: Councilman Reasor moved the meeting adjourn to Wednesday, August 29, 1979, in the Recreation Hall for a Joint Study Session between the City Council and Planning Commission at 7:30 p.m. The motion was seconded by Councilman Rosenberg and carried with Councilman Cantine absent. The meeting adjourned at 11:38 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Penny Deputy City Clerk CITY OF MORRO BAY - STUDY SESSION AGENDA - MORRO BAY CITY COUNCIL August 15, 1979, 7:30 p.m. MORRO BAY RECREATION HALL (1) 7:30 p.m. - 8:30 p.m. Property Maintenance Code. (2) 8:30 p.m. Executive Session --Personnel Matters Including Evaluation. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 13, 1979, 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Shelton with the Pledge of Allegiance. Reverend Dear, City Chaplain gave the invocation. ROLL CALL Present: Councilmen Cantine, Harmon, Reasor, Rosenberg, and Mayor Shelton Absent: None STAFF PRESENT Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney Tom McGonagill, Finance Director John Bressan, Public Services Director. Elizabeth Penny, Deputy City Clerk PUBLIC COMMENT No public comments were offered. A. CONSENT CALENDAR A-1 Minutes of the June 27, 1979 adjourned meeting. A-2 Minutes of the June 27, 1979 executive session. A-3 Minutes of the July 9, 1979 regular meeting. A-4 Minutes of the July 23, 1979 regular meeting. A-5 Minutes of the July 23, 1979 executive session. A-6 Minutes of the July 25, 1979 executive session. A-7 Expenditure Report for the period covering July 1, 1979 to July 31, 1979. (RECOMMEND APPROVAL) A-8 Resolution No. 41-79 approving amendment to Local Agency -State Agreement dated February 13, 1979. A-9 Claim against the City filed by Douglas Paul Snyder for damages to his car windshield by a baseball. (RECOMMEND DENIAL) Mayor Shelton requested that items A-1, A-4, A-8, and A-9 be approved as submitted. Councilman Reasor stated he had a correction to the minutes for item A-4 and requested this item be pulled from the Consent Calendar. The Council concurred. MOTION: Councilman Reasor moved that the City Council approve items A-1, A-8, and A-9. The motion was seconded by Councilman Harmon and carried unanimously by roll call vote. MINUTES - MORRO BAY CITY COUNCIL August 13, 1979 Regular Meeting Page 2 The Council continued items A-2 through A-7 to the August 27, 1979 meeting. B. HEARINGS, APPEARANCES', AND -REPORTS None. C. UNFINISHED BUSINESS C-1 Resolution No. 39-79 adopting a Code of Ethics for elected and appointed officials and employees of the City of Morro Bay. Mr. Guluzzy reviewed the proposed Code of Ethics with the Council and advised them he had met with the secretaries, department heads, and the three City unions to discuss his proposal with them. Mayor Shelton stated that the majority of the proposed Code of Ethics is already contained under State law, therefore, he asked what purpose would a Code of Ethics for the City of Morro Bay serve. Mr. Guluzzy stated the Code of Ethics, as proposed, is stronger is some areas than the State law. Councilman Cantine expressed concern in the following areas: (1) penalty for violating Code of Ethics is not spelled out; (2) the City Administrator should not be put into the position of judging the conduct of any elected or appointed official except at the City Council's request; (3) Section 11 "Procedure for Processing Alleged Violations" should address only City employees and not elected offi- cials; (4) five days to appeal an alleged violation is not sufficient time therefore, he suggested a minimum of two working weeks. Councilman Rosenberg stated he felt Section 11 of the proposed Code of Ethics should not be limited to only legislative issues and that it should encompass e.g. litigation. He also stated he feels that 10 working days would be best for the appeal procedure rather than five. Councilman Rosenberg concluded his comments stating he has no problem with the City Administrator making a judgement on elected officials because this is done on a State level. Councilman Reasor questioned the necessity of a Code of Ethics and whether it should be applicable to the elected officials since the State law covers elected officials and the majority of the areas contained in the proposed Code of Ethics have already been addressed at a State level. He also stated he does not feel the City Admini- strator should be the reviewing officer for any appointed or elected official. Mayor Shelton stated the Code of Ethics is much more concrete than what the City has had in the past. He also stated he feels it is a valuable tool for all employees and elected or appointed officals because it provides a vehicle for enforcement. The State MINUTES - MORRO BAY CITY COUNCIL August 13, 1979 Regular Meeting Page 3 of California's conflict of interest does not have enough details as to what can or cannot be done. Councilman Cantine reiterated the need for a penalty section denoting the types of punishments that can occur if a violation of the Code of Ethics occurs. Mr. Campbell stated persons that are appointed to serve on commi- ttees should be looked at very carefully, otherwise they will be able to "run scott free". Mr. Palmer stated if an employee is reprimanded then the Council can review it after the City Administrator. If the situation is something financial, then the Council should automatically review the situation in an Executive Session. Councilman Rosenberg noted in the proposed Code of Ethics the person who has made the original complaint does not have a right of appeal under Section 11. MOTION: Councilman Rosenberg moved the Council approve the following amendments to the proposed Code of Ethics: (1) Section 10: first paragraph: ...interest in any legislation or other official action of the Council shall disclose..."; (2) sec- tion 11, first paragraph: Whenever a complaint regarding this Code of Ethics is received from the public or other individual, it shall be..."; and (3) Section 11, under "Appeal Procedure" the first paragraph: ...in writing to the City Council through the City Clerk within 10 working days or the decision shall..." The motion was seconded by Mayor Shelton and carried with Councilman Cantine voting no. MOTION: Councilman Cantine moved that (1) Section 11, 1st paragraph read: ...from the public or other individual concerning a city employee shall be...", (2) Section 11, 2nd paragraph read: ...involves the City Administrator or any appointed or elected official, the City Council...", and (3) Section 11, 3rd paragraph relative to a City Councilman or the Mayor, said Councilman or Mayor shall not participate..." The motion failed for lack of a second. MOTION: Councilman Rosenberg moved that Resolution No. 39-79 as amended be read by title only. The motion was seconded by Councilman Harmon and carried with Councilmen Cantine and Reasor voting no. Mr. Guluzzy read Resolution No. 39-79 by title only. "Resolution adopting a Code of Ethics for all elected and appointed governmental officials and employees of the City of Morro Bay." MINUTES - MORRO August 13, 1979 Page 4 BAY CITY COUNCIL Regular Meeting MOTION: Councilman Rosenberg moved that Resolution No. 39-79 as amended be approved. The motion was seconded by Mayor Shelton and carried with Councilmen Cantine and Reasor voting no. Councilmen Reasor and Cantine stated they felt the State law is adequate as it relates to public officials and feels matters dealing with City employees could be handled administratively, rather than adopting a Code of Ethics which would "clutter up the books". D. NEW BUSINESS D-1 Resolution No. 38779 approving transfer of leasehold interest in / lease sites nos.(93, 94, 95, 93W, 94W, and 95W�from Mildred L. Dennis to Edward E. and Barbara J. Lindquist and Susan B. and Larry B. Hutchinson. Mayor Shelton questioned whether the City has the right to place conditions, e.g. the City would like to see something accomplished on a lease site, upon a lease site transfer. Mr. Le Sage stated when there is a modification to the use of a lease site, then the City has the right to review the lease and con- sider placing conditions of approval upon the lease site. Whenever a lease site is transfered, but the use does not change, then the City does not have the right to place any additional conditions upon the lease site. MOTION: Mayor Shelton moved that Resolution No. 38-79 be read by title only. The motion was seconded by Councilman Reasor and carried unanimously. Mr. Guluzzy read Resolution No approving assignment of lease sites from Mildred L. Dennis to Edward E. and Susan B. Hutchison." 38-79 by title only. "Resolution nos. 93, 94, 95, 93W, 94W, and 95W and Barbara J. Lindquist and Larry B. MOTION: Mayor Shelton moved that Resolution No. 38-79 be approved. The motion was seconded by Councilman Reasor and carried unanimously by roll call vote. D-2 Resolution No. 40-79 adopting the 1979/80 final operating (budget� Mr. Guluzzy reviewed the chart of revenues for the City noting the sources that the City receives its money, from e.g., taxation; property; water and sewer utilities; surplus and equipment reserve; licenses and permits; current services; fines and forfeits; and miscellaneous. He also stated it is estimated the City will receive MINUTES - MORRO BAY CITY COUNCIL August 13, 1979 Regular Meeting Page 5 about $100,000 from the State for bailout funds. Mr. Guluzzy then reviewed the expenditures/appropriations which breakdown into the various programs which is compiled of the City Council, City Attorney, City Administrator, Community Development, Planning and Building for Administrative Services including (Finance, and Personnel) Capital Improvement Program (which is not being adopted tonight, but is a part of this), Human Resources for Police Department, Fire Department, Recreation, Non -Departmental, Public Services Department (hiring of 1 maintenance worker, 1 wastewater treatment plant operator, 1 planner, 2 additional engineering aides, 2 engineering technicians, and 1 assistant civil engineer), hiring of a clerk receptionist to answer the new telephone system and to handle the citizen complaint system. Mr. Hempenius asked how much revenue the City receives because of tourists. Mr. Guluzzy stated in 1978/79 the City received $199,757 bed tax and is estimating $180,000 from bed tax for 1979/80 fiscal year. He also stated the sales and use taxes are estimated at $410,000. Mr. Guluzzy concluded his comments noting that $31,000 is being budgeted for community promotions. Mr. Hempenius and Mayor Shelton had a lengthy discussion con- cerning the breakdown of the community promotion funds ($31,000), namely the amount to be allocated for tourism. Mr. Red expressed concern with the proposed hiring of additional planning staff when there is a lack of work to be done since the City has a moratorium placed upon it and building will not take place for the next three to five years. Councilman Rosenberg stated the staff would be working on various items including the Water Management Study, Capital Improvement Program, General P1an,'Condominium Conversion Ordinance, etc. Mr. Hempenius suggested monies from unobligated reserve be allo- cated for the purpose of revitalizing the downtown area, since the Council expressed a desire to upgrade the downtown previously. MOTION: Councilman Cantine moved that Resolution No. 40-79 be read by title only. The motion was seconded by Councilman Harmon and carried unanimously. Mr. Guluzzy read Resolution No. 40-79 by title only. "Resolution adopting the 1979/80 final operating budget." Councilman Rosenberg expressed concern with the fifth paragraph of the proposed resolution noting that the sentence does not append the 1979/80 budget to the resolution. He suggested the resolution read: ...approves and adopts the 1979/80 final fiscal year budget as attached as Exhibit A of the City of..." C. • MINUTES - MORRO BAY CITY COUNCIL August 13, 1979 Regular Meeting Page 6 MOTION: Councilman Cantine moved that Resolution No. 40-79, fifth paragraph be amended to read: ...approves and adopts the 1979/80 final fiscal year budget as attached as Exhibit A of the City of..." The motion was seconded by Councilman Rosenberg and carried unanimously. MOTION: Councilman Cantine moved that Resolution No. 40-79 as amended be read by title only. The motion was seconded by Councilman Rosenberg and carried unanimously. Mr. Guluzzy read Resolution No. 40-79 by title only. "Resolution adopting the 1979/80 final operating budget." MOTION: Councilman Cantine moved that Resolution No. 40-79 as amended be adopted. The motion was seconded by Councilman Rosenberg and carried unanimously by roll call vote. D-3 Authorize execution of contract with Brown and Caldwell Engineering to conduct4Water Management Study Mr. Guluzzy reviewed the draft contract with the Council noting the Water Management Study would cost about $40,000 to $55,000. He also stated Jim Snow of the State Water Resources Control Board is happy with the proposed scope of work and has estimated 1 1/2 to 2 weeks to review the document. Mr. Guluzzy concluded his comments stating it would take about 6 to 9 months to complete the Water Manage- ment Study. MOTION: Councilman Rosenberg moved that staff be authorized to execute the contract at a level not to exceed $55,000 with Brown and Caldwell to complete the Water Management Study subject to final approval by the State. The motion was seconded by Councilman Cantine and carried unanimously by roll call vote. Mr. Guluzzy noted that 87 1/2% of the cost to complete the Water Management study will be picked up by the State. D-4 Ordinance No. 170 designating{no-smoking area in certain public places. Mr. Guluzzy reviewed a letter he received from Arthur C. Jack of the Consumers Advisory Committee to the Health Agency dated March 31, 1979 which requests that Morro Bay, along with the other cities in the San Luis Obispo County, adopt a no -smoking ordinance. This would bring the City into unity with the County. Mr. Guluzzy then reviewed a letter he received from'Dr. Howard Mitchell of the SLO County Health Agency, dated August 13, 1979 stating his strong support for a no - smoking ordinace. Dr. Mitchell's letter also noted his strong support for restaurants to have smoking and non-smoking sections. MINUTES - MORRO BAY CITY COUNCIL August 13, 1979 Regular Meeting Page 7 Mrs. Diffley read a letter into the record on behalf of Mission Coast Lung Association. The letter expressed concern with the effects of smoking, e.g., chronic bronchitis, asthma, heart disease, etc., and stated the Association supports the adoption of a non-smoking ordinance. Mrs. Orvas stated she supports the adoption of a non-smoking ordinance and feels it is long overdue. Smoking is a personal habit and when non-smokers are in public places that do not have restricted smoking areas, the non-smokers are forced to join the habit. Dr. Kolb stated he supports the ordinance. Mayor Shelton stated he would like to see the non-smoking ordi- nace scheduled for a public hearing at the August 27, 1979 meeting. Councilman Rosenberg stated he feels it is the government's re- sponsibility to protect the rights of common property, e.g., water, air, etc. Therefore, Councilman Rosenberg expressed his strong sup- port for a non-smoking ordinance. He concluded his comments stating he is concerned with the sentence in section 4 which reads: An owner of an eating establishment who provides "No Smoking" areas within the establishment as provided hereinabove shall cause to be posted in a conspicuous location outside of the establishment a sign that informs the general public that "No Smoking" areas are provided within." He felt this statement is not necessary. Councilman Cantine stated he would like to see the ordinance scheduled for a public hearing. The Council scheduled the non-smoking oridnance for a public hearing on August 27, 1979. Break: 9:48 p.m. Reconvened: 9:55 p.m. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Jody Giannini, Chairman of the Citizen's Human Resources Advisory Committee provided a report to the Council concerning the Committee's activities over the last 8 weeks. He stated he had placed news re- leases in the Sun Bulletin requesting individuals with expertise in various areas to submit their names to serve on advisory committees for the City. MINUTES - MORRO BAY CITY COUNCIL August 13, 1979 Page 8 Mr. Giannini stated the Human Resources Advisory Committee feels that the Public Safety Committee should be given a list of topics as a base from which to start. It will be up to the committee as to when and where they will meet; they will elect a chairman; minutes of each meeting will be taken; and they will be under the guidance of the Human Resources Committee. The intended purpose of the committee is to estab- lish community desires in the areas that might be considered in the public safety department. The committee could also develop a disaster preparation plan and develop flood and earthquate plans. Mr. Giannini then recommended that Donald Sedgley a retired mechanical engineer that has operated the Outboard Service in Morro Bay since 1972; Robert Dengler an assistant highway engineer for the State of California; Joe Colouch who owns Joe's Exxon and has been a resident of Morro Bay since 1952; Bob Spinellini who owns the Tradewind's Motel; and Grace Hendges who has been a resident of Morro Bay for 25 years, a housewife, and manages the Morro Bay Marina be appointed to serve on the Public Safety Committee. Mr. Giannini then addressed the area of selecting a Chief of Police and suggested the Council allow an ad hoc committee to be formed with Persons who reside outside of Morro Bay to serve on it for the purpose of developing the selection criteria. He then suggested the committee be comprised of two people from the elementary schools, 1 person from the junior and senior high schools, 1 downtown merchant, and 1 person from the waterfront businesses. Councilman Cantine commended the Human Resources Committee's efforts and then addressed the need for the committee to have a direc- tive from the Council in the development of a profile for the Chief of Police. 'Councilman Cantine stated he would like to know what the back- ground and expertise of the people that will be serving on the committee is to see if any additions or deletions should be made; the sequence of steps involved in advertising; screening, and appointment; and the Council should provide the committee with a specific list of items that the committee should consider. Mr. Giannini reviewed some of the areas that the committee is looking towards which are as follows: (1) are.current levels of law enforcement adequate, if not, what areas need emphasis, (2) are current allocations of public resources for public safety services proper and adequate, (3) what levels of traffic enforcement are desirable for the community, (4) what public safety facilities are needed to meet the future needs, (5) should peace officer authority be given to the har- bor patrol, etc. 0 MINUTES - MORRO BAY CITY COUNCIL August 13, 1979 Regular Meeting Page 9 Mr. Giannini requested the Council provide concept approval of the public safety committee and support the persons recommended to serve on the committee. Mayor Shelton asked how the Human Resources Committee arrived at a recommendation of five persons to serve on the Public Safety Committee. Mr. Giannini stated the Human Resources Committee tried to get as broad of a background of people as possible without getting too many individuals. MOTION: Councilman Rosenberg moved that the Council Human Resources Advisory Committee be advised that (1) they are generally on the right track, (2) the first two tasks of the committee would be to recommend nominees and guidelines for setting up of the ad hoc committee for the selection criteria of the Police Chief and the preparation of emergency plans and (3) the Mayor appoint Donald Sedgley, Robert Dengler, Joe Colouch, and Grace Hedges to the Public Safety Committee. Mr. Giannini stated he is hoping to have a report from the Com- munity Promotions Committee within the next two meetings. Mr. Guluzzy stated the City has on record a resolution that authorized work on the Zanzibar Associates Tract No. 733 which stated that all of the work would have to be done and then the bond would be released. They have now requested that the bond be released by the City. He then advised Council that the Public Services Department has inspected the work and the recommendation is that,90% of the total bond ($45,325) be released and that the other 10% of the bond be re- leased contingent upon (1) all dirt, rubble, and dibris generated from the construction site be removed from the City right-of-way in the area of Main Street and Zanzibar Street and (2) that the water system be tested to see the results of the color formed bacteria which should be less than 2.2 MPN/100ml as required by the State Health Department. The $4,432.50 (10%) will be released one year later. Mr. Guluzzy concluded his report by advising the Council that it appears that the architect needs the money for other projects. Staff recommends these funds be released contingent upon the above two conditions being met. MOTION: Mayor Shelton moved that the City Council support staff's recommendation. The motion was seconded by Councilman Rosenberg and carried unanimously by roll call vote. Councilman Rosenberg stated the matter of funds for community promotion needs to be addressed since the City is already into the 1979/80 fiscal year. MINUTES - MORRO BAY CITY COUNCIL August 13, 1979 Regular Meeting Page 10 MOTION: Councilman Rosenberg moved that the City Council direct staff to request bids to run a.visitor information center for the City and the contract include performance criteria and accounting expenses. The approximate expenditure would be $16,000 and the rent for the building would be about $2,000 to $3,000 which should be included within the bid. The motion was seconded by Councilman Harmon. Councilman Reasor and Cantine stated until the issue of the Chamber of Commerce's surplus funds is resolved they could not support putting community promotions out to bid. The motion carried with Councilmen Cantine and Reasor voting no. MOTION: Councilman Rosenberg moved that the City Council direct staff to execute a rent-free lease with the Chamber of Commerce for the current facility for the remainder of this fiscal year. The motion failed for lack of a second. Councilman Rosenberg stated he would like to ensure that the re- mainder of the money, whatever is left over after executing the contract go to the Community Promotions Committee so they can begin work on their task. MOTION: Councilman Harmon moved that the city attorney be directed to draw up a lease for the harbor office building in the amount of $200.00 per month, for one year for whoever wants it. The motion was seconded by Councilman Rosenberg. Councilman Rosenberg expressed concern with the relationship be- tween the Council and the Chamber of Commerce. Councilman Harmon stated he feels whoever makes a bid for the promotional services for the City would include the amount for rent within it. The money would be transferred from the City to them so that everything is documented in writing and nothing is left open for criticism. Councilman Rosenberg stated he would only support that view if the Chamber was permitted to at least remain in the building until that decision and bid has been accepted. Mayor Shelton stated he feels this would put the relationship between the City and whoever rents the building on a business basis. Therefore, he stated he would support the motion. MINUTES - MORRO BAY CITY COUNCIL August 13, 1979 Regular Meeting Page 11 Councilman Cantine stated he feels that the building that the Chamber of Commerce is currently in is a good location, therefore he stated he wants it to be part of the bids that are submitted. The motion carried with Councilmen Cantine and Reasor voting no. Mr. Campbell stated based upon the motion that has been made, that he would like the record to reflect his desire to rent the building upon the termination of the current lease at the end of the fiscal year. MOTION: Councilman Rosenberg moved that the City Council grant the Chamber of Commerce the first right of refusal on the lease of the current Chamber of Commerce building. The motion was seconded by Councilman Harmon. Councilman Cantine expressed concern with the following: (1) carry over funds, (2) he is not satisfied that the Board of Directors reflects the objectives of the City Council and the City of Morro Bay properly, and (3) the Chamber has some administrative problems. Councilman Cantine concluded his comments stating that until he has had additional dialogue concerning these areas, that he could not support the proposal. Councilman Reasor expressed concern with the surplus funds that the Chamber of Commerce has and the fact that the Chamber has not fulfilled its goals for the 1978/79 fiscal year. Mr. Hempenius stated the surplus funds is due to the fact the Chamber received funding so late last fiscal year. The motion failed with Councilmen Cantine, Reasor, and Mayor Shelton voting no. Councilman Cantine stated he would like for the Council's staff reports for each agenda item to be individually done and placed with each item rather than on one single page. Councilman Rosenberg stated this would require additional paper and the way that it is done none only requires one or two sheets. The Council directed Mr. Guluzzy to report back to the Council on this matter as to why he prepares his reports as he does, and if there are any alternatives. Councilman Cantine stated he would like for the Council to adopt a resolution thanking Congressman Leon Panetta for his assistance in getting the harbor dredging done. 0 MINUTES - MORRO August 13, 1979 Page 12 BAY CITY COUNCIL Regular Meeting MOTION: Councilman Cantine moved that the City Council direct staff to prepare a resolution thanking Congressman Leon Panetta for his assistance in getting the harbor dreding done. The motion was seconded by Councilman Harmon and carried unani- mously. Councilman Cantine referred to a letter dated July 5, 1979 that requests a reply by September 3 from Mr. Milne of the County in re- gards to Nacimiento Lake. He then stated that he would be gone from August 19 through September 14, 1979. The Council stated they would like to discuss this matter at the August 27, 1979 meeting. Councilman Cantine asked whether the City has received Coastal Commission approval of the wastewater treatment plant, if the Brown and Caldwell contract has a date of completion in it, and is there a new schedule reflecting the procedure since the City has a four to five month delay. Mr. Guluzzy stated the City has not received Coastal Commission approval yet and will be appearing before the Coastal Commission in September, there is no completion date in the Brown and Caldwell con- tract, and no new schedule has been developed yet. Councilman Harmon asked what the status of the Harbor Advisory Board having its first meeting was. Mr. Guluzzy stated he sent the members of the Harbor Advisory Board a letter requesting they attend an organizational meeting on August 23, 1979. Mayor Shelton made the following appointments to the Environmental Resources Committee: Victor Armstrong, Peter Diffley, Tina Francis, Ann Kelsay, Maurice Macare' Chuck Orr, Charles Palmer, Ralph Peters, and Ray Williams. He then stated that the ERC's first charge would be to examine alternate sources of water. E-2 City Attorney Mr. LeSage requested an executive session to discuss litigation and Mr. Guluzzy stated he would also like to discuss labor negotiations. E-3 City Administrator Mr. Guluzzy advised the Council that the City can receive reim- bursement on abandoned vehicle abatement at the rate of $35 per vehi- cle up to a maximum of $875. He then read Resolution No. 43-79 into the record. 9 • . J MINUTES - MORRO BAY CITY COUNCIL August 13, 1979 Regular Meeting Page 13 The City Council requested this item be scheduled for the August 27, 1979 Council meeting. Mr. Guluzzy advised Council that he has withdrawn as the hearing officer for the disability hearing concerning Richard A. Schacht, the former Chief of Police because there is the possibility of himself being declared by the courts as not being impartial. Therefore, he recommended the Council appoint Mr. Paul Baxter who works for the County of SLO to serve as hearing officer. MOTION: Councilman Cantine moved that the City Council appoint Paul Baxter to serve as hearing officer in the disability hearing of Richard A. Schacht. The motion was seconded by Councilman Reasor and carried uanimously by roll call vote. MOTION: Mayor Shelton moved the meeting adjourn to Executive Session to discuss personnel and litigation. The motion was seconded by Councilman Reasor and carried unanimously. The meeting adjourned to Executive Session at 11:35 p.m. and re- turned to Regular Session at 1:00 p.m. MOTION: Mayor Shelton moved the meeting adjourn to August 15, 1979 for a Study Session at the Recreation Hall. The motion was seconded by Councilman Reasor and carried unanimously. The meeting adjourned at 1:00 a.m. Recorded by: DONALD F. GULUz2Y, City Clerk By: Elizabeth Penny Deputy City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL August 13, 1979, 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR 1. Minutes of the June 27, 1979 adjourned meeting. 2. Minutes of the June 27, 1979 executive session. 3. Minutes of the July 9, 1979 regular meeting. 4. Minutes of the July 23, 1979 regular meeting. 5. Minutes of the July 23, 1979 executive session. 6. Minutes of the July 27, 1979 executive session. 7. Financial statement for the period covering July 1, 1979 to July 31, 1979. (RECOMMEND APPROVAL) 8. Resolution No. 37-79 approving amendment to Local Agency - State Agreement dated February 13, 1979. 9. Claim against the City filed by Douglas Paul Snyder for damages to his car windshield via a baseball. (RECOMMEND DENIAL) B. HEARINGS, APPEARANCES, AND REPORTS None. C. UNFINISHED BUSINESS 1. Resolution No. 39-79 adopting a Code of Ethics for elected and appointed officials and employees of the City of Morro Bay. D. NEW BUSINESS 1. Resolution No. 38-79 approving transfer of leasehold interest in lease sites nos. 93, 94, 95, 93W, 94W, and 95W from Mildred L. Dennis to Edward E. Lindquist, Barbara J. Lindquist, Susan B. Hutchinson, and Larry B. Hutchinson. 2. Resolution No. 40-79 adopting the 1979/80 final opera- ting budget. 3. Authorize execution of contract with Brown and Caldwell Engineering to conduct Water Management Study. 4. Ordinance No. 170 designating no -smoking areas in certain public places. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Administrator 4 CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL JULY 25, 1979, 7:30 P.M. MORRO BAY RECREATION HALL Unfinished Business (1) Code of Ethics (2) Joint Powers Agreement with South Bay Fire Department (draft ordinance) New Business (1) Property Maintenance Code (2) City Administrator's Status Report MINUTES - MORRO BAY CITY COUNCIL Study Session July 25, 1979, 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Acting Mayor Pro Tem Reasor. ROLL CALL Present: Councilmen Harmon, Reasor, and Rosenberg Absent: Councilman Cantine and Mayor Shelton STAFF PRESENT Donald F. Guluzzy, City Administrator T. Keith Gurnee, Community Development Director Bernie Zerr, Fire Chief Elizabeth Penny, Deputy City Clerk (1) Code of Ethics Mr. Guluzzy advised the Council that he had reviewed the Code of Ethics with the city employees, secretaries, department heads, and the three union representatives. He then reviewed the various sections of the Code of Ethics with the Council. Councilman Reasor stated he does not feel the first paragraph of Section 10 is necessary because the State already requires it. He also expressed concern with the proposed Section 11 which would grant the city employees a right to appeal, which they do not have now. He asked Mr. Guluzzy if any other city in San Luis Obispo County had adopted a Code of Ethics. Mr. Guluzzy stated the cities in San Luis Obispo County have not, but many other cities throughout the State of California have. Councilman Rosenberg stated he would like to broaden Section 10 to include "other official City Council matters" and not only legis- lation. Under Section 11 he suggested the first sentence of each paragraph read: Whenever a complaint regarding an aledged violation concerning this Code of Ethics is received... In regards to Section 11 the "appeal procedure" as it relates to a complaint against the City Council or City Administrator, he stated he would like for a method to be developed to handle this. Also under this section, Councilman Rosenberg suggested that the first paragraph read: ...in writing to the City Council through the City Clerk within ten working days..." and the second paragraph read: ...the City Attorney and render an advisory opinion to the person seeking..." MINUTES - MORRO BAY CITY COUNCIL July 25, 1979, Study Session Page 2 Councilman Harmon stated he had no comments and would support the Code of Ethics being scheduled for a regular Council meeting. Councilman Reasor stated in regards to gifts and favors, he felt the FEP has certain standards and guidelines in their reporting, and what is being proposed is stronger than the State law, therefore he questioned whether this section should be included within the Code of Ethics. The City Council directed Mr. Guluzzy to discuss this matter with the city attorney, make the necessary revisions proposed by the Council, and to then schedule the Code of Ethics at a regular City Council meeting. / (2) (-Joint Powers Agreement with South Bay Fire Department. Mr. Guluzzy stated Bernie Zerr, Fire Chief and the South Bay Fire Department discussed the possibility of developing a Joint Powers Agreement to share costs with them for the purchase of an excavation tool, firefighter's training facilities, equipment, re- sources, etc. Fire Chief Zerr stated the entire objective of the JPA is to be more cost-effective. He advised Council that this is a concept that is being used by many fire departments. He also stated a training facility is very important and currently the City of Morro Bay does not have one. The firefighters drill and train in the streets, or on private property, therefore, the City is always facing a liability problem in this area. Fire Chief Zerr stated he would like to look into the possibility of developing an area on Chorro Creek Road for the training facilities. Councilman Harmon stated he supports the concept. The only prob- lem with the proposed JPA is that the total percentage is based on an assessed valuation. Because South Bay's population is probably -about double the size of Morro Bay, Morro Bay would in essence pay for more than our share. He also stated he would like for the Cayucos Fire Department to be included when reseraching the program's feasibility. Fire Chief Zerr stated the more people Morro Bay can get to parti- cipate, the less the cost will be to the City. He also stated he would be contacting the Department of Forrestry to see if they would be interested. Councilman Rosenberg stated he supports the concept, but has some concerns with the following areas: (1) Item #3 should state the formula and evaluate each item individually, e.g. cost of installing equipment, cost of maintaining equipment, etc.; (2) Item #8 is not MINUTES - MORRO BAY CITY COUNCIL July 25, 1979, Study Session Page 3 fair and he suggested it read: ...the City shall pay to the county the percentage of the market value of the improvements within thirty (30) days..." The county should not receive the same proportion of their contribution over the number of years they belonged. He then asked Chief Zerr to contact the city attorney to see if the number of days in section #8 could be changed from 30 days to 120 days. Council- man Rosenberg concluded his comments asking whether the City is in a position to have a JPA communication equipment. Chief Zerr stated the City has direct communication with the Cayucos Fire Department and the Department of Forrestry at this time. Councilman Reasor then addressed the number of incidents that occur in Morro Bay verses South Bay. He stated he felt South Bay would probably use the equipment more than Morro Bay, therefore, this factor would have to be taken into consideration. He also expressed concern with the need for a penalty clause to be incorporated within the JPA in case a member drops out. Councilman Rosenberg stated the following needs to be addressed: (1) if a member drops out from participating in the JPA, the equip- ment would have to be divided up or that particular city's share pur- chased from them and (2) who would get the equipment if the entire JPA terminated. MOTION: Councilman Rosenberg moved the meeting continue from 9:30 p.m. to 9:45 p.m.. The motion was seconded by Councilman Harmon and carried with Councilman Cantine and Mayor Shelton absent. (3) Status Report Mr. Guluzzy advised the Council that the Property Maintenance Code discussion will be continued to the next study session on August 15, 1979. Mr. Guluzzy advised Council that he had talked with the State Department of Water Resources relative to the long-range water study that must be done, over and above the Water Management Plan, by Brown and Caldwell. The State has given conditional approval on this. The long-range study will have more details regarding the alternate water sources available to Morro Bay, whereas, the State is primarily interested in the quality of Morro Bay's water. (4) Financial Statements The City Council discussed the need to have financial statements from prospective lease site owners who are going to be transferring to other individuals. They stated they would like to know the primary stockholders of a corporation, and that this information would be con- fidential. 9 MINUTES - MORRO BAY CITY COUNCIL July 25, 1979, Study Session Page 4 (5) Coast Guard Mr. Guluzzy advised the Council that the lease for the Coast Guard is up for renewal and that he does not have any guidelines to follow as to what to charge them for the upcoming year. He stated the building is currently leased to them for $35 and he suggested it be raised to $50 per month. The dock space is leased for $50 per year and he suggested it be raised to $50 per month. The City Council directed Mr. Guluzzy to check with Monterey to see what they charge. The Council pointed out the fact that since the Coast Guard does provide a service by helping Morro Bay's busi- nesses, the City in turn charges low rentals on the two buildings. MOTION: Councilman Harmon moved the meeting adjourn to August 13, 1979 at 7:30 p.m. for the regular Council meeting. The motion was seconded by Councilman Rosenberg and carried with Councilman Cantine and Mayor Shelton absent. The meeting adjourned at 9;50 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Penny Deputy City Clerk 6 MINUTES - MORRO BAY CITY COUNCIL Adjourned Meeting July 25, 1979, 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Acting Mayor Pro Tem Reasor. ROLL CALL Present: Councilmen Harmon, Reasor, and Rosenberg Absent: Councilman Cantine and Mayor Shelton STAFF PRESENT Donald F. Guluzzy, City Administrator T. Keith Gurnee, Planning Director Bernie Zerr, Fire Chief Elizabeth Penny, Deputy City Clerk E-3 City Administrator Mr. Guluzzy advised Council that Keith Gurnee and John Bressan had compiled a very rough draft report for the Council to review as it relates to possible access grant funds from the Coastal Conservancy. Mr. Gurnee reviewed with the Council the potential locations for street -end dockage/access points as follows: Harbor Street, Pacific Street, Front Street, and Marina Street. Staff recommends Harbor Street. He also reviewed the various approaches the Council could utilize in proceeding with the application for grant funding as follows: Dockage only; pier structure of viewing platform only; combination viewing platform and docks; and the viewing pier now and the dock construction later. Staff recommends the application be made for the viewing pier now and the dock construction later. Mr. Gurnee also advised the Council that the Coastal Conservancy will give priority in the awarding of grants to those local public agencies which evidence an ability to provide an amount of funding equal to the Conservancy grant. Councilman Rosenberg stated the viewing pier would cost about $30,000 and the slips would cost about $20,000. The City Council discussed the various locations for street -end dockage/access and projects available for grant funding. Due to the fact the grant funds that are given to the City must be matched with City funds, the Council determined it would be best to utilize funds from unobligated reserve for this purpose. They also discussed what would be most cost-effective in terms of doing the viewing pier now and the dock construction later or doing it all at once. MINUTES - MORRO BAY CITY COUNCIL Adjourned Meeting, July 25, 1979 'Page 2 Councilman Reasor suggested the Council authorize staff to design a viewing platform for $30,000 with the idea in mind that it would be adaptable for tie-in to dockage at a later date. The reasons for his suggestion were as follows: (1) Because funding would probably not be for about a year an assessment of the City's finances would be done, (2) a determination as to where the Council wants to actually do the project could be researched thoroughly, (3) this would also allow time for the entire Council to provide input regarding the project, and (4) this would allow time for the Harbor Advisory Board to also review the proposal. The Council concurred. MOTION: Councilman Rosenberg moved that Resolution No. 38-79 be read by title only. The motion was seconded by Councilman Harmon and carried with Councilman Cantine and Mayor Shelton absent. Mr. Guluzzy read Resolution No. 38-79 by title only, "Resolution approving the application for Coastal Conservancy Public Access Grant Project". MOTION: Councilman Rosenberg moved that Resolution No. 38-79 be approved. The motion was seconded by Councilman Harmon and carried with Councilman Cantine and Mayor Shelton absent. WEED ABATEMENT Mr. Guluzzy advised the Council that it would be necessary for the Council to adopt an addendum to Resolution No. 35-79. A "Resolution establishing charges for Weed Abatement." The addendum spells out additional parcels of land that were not included within Resolution No. 35-79 which will allow the County Assessor to place a lien against these properties that were abated by the City of Morro Bay. MOTION: Councilman Harmon moved that the City Council adopt the addendum, as proposed by staff, to Resolution No. 35-79. The motion was seconded by Councilman Rosenberg and carried with Councilman Cantine and Mayor Shelton absent. EXECUTIVE SESSION Mr. Guluzzy requested an Executive Session to discuss labor negotiations. Councilman Rosenberg stated he would also like to discuss a legal matter in Executive Session and requested that Keith Gurnee, Planning Director, be present for this item of discussion. MOTION: Councilman Rosenberg moved the meeting adjourn to Executive Session for 10 minutes. The motion was seconded by Councilman Reasor and carried with Councilman Cantine and Mayor Shelton absent. MINUTES - MORRO BAY CITY COUNCIL Adjourned Meeting, July 25, 1979 Page 3 The meeting adjourned to Executive Session at 8:30 p.m. and returned back to the Adjourned Meeting at 8:43 p.m. MOTION: Councilman Harmon moved the Adjourned Meeting adjourn to August 4, 1979, at 9:00 a.m. in the Recreation Hall for a budget session. The motion was seconded by Councilman Rosenberg and carried with Councilman Cantine and Mayor Shelton absent. The meeting adjourned at 8:43 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Penny Deputy City Clerk i 1 • CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL JULY 23, 1979, 7:30 P.M. MORRO BAY RECREATION HALL Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR A-1 Minutes of the May 29, 1979 adjourned regular meeting. A-2 Minutes of the June 25, 1979 regular meeting. A-3 Minutes of the June 27, 1979 executive session. A-4 Expenditure Statement covering period of June 1, 1979 through June 30, 1979. (RECOMMEND APPROVAL) A-5 Resolution No. 36-79 granting the Fireman's Muster Use Permit. A-6 Agreement with County Sheriff's Department for reimbursement of cost for acting Chief of Police. A-7 Ratification of transfer of funds ($1,500) from Finance/Personnel costs to Fire Department for fire hydrant replacement at the intersection of Main and Bonita streets. A-8 Resolution No. 35-79 authorizing County Assessor to place pro- perty liens on all property owners in Morro Bay who did not comply with Weed Abatement law. B. HEARINGS, APPEARANCES, AND REPORTS None, C. UNFINISHED BUSINESS None. D. NEW BUSINESS D-1 Planned Development review by Sylvester Antone Tug Service, Inc. to construct pier structure and parking on lease site #4 (501 Embarcadero). D-2 Ten year lease with Robert M. Ashurst to use and operate. State well #29S/llE32K2. City will be responsible for all maintenance and repairs to said well and appurtenances. E. INDIVIDUAL DETERMINATION 'AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator 4P MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 23, 1979, 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Pro Tem Cantine with the Pledge of Allegiance. Reverend Dear, City Chaplain gave the invocation. ROLL CALL Present: Councilmen Cantine, Harmon, Reasor and Rosenberg Absent: Mayor Shelton STAFF PRESENT Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney Tom McGonagill, Finance Director Bernie Zerr, Fire Chief T. Keith Gurnee, Planning Director Elizabeth Penny, Deputy City Clerk PUBLIC COMMENT Leonard Chopantia stated he feels the City needs to work towards getting the City's streets paved better. A. CONSENT CALENDAR A-1 Minutes of the May 29, 1979 adjourned regular meeting. A-2 Minutes of the June 25, 1979 regular meeting. A-3 Minutes of the June 27, 1979 executive session. A-4 Expenditure Statement covering period of June 1, 1979 through June 30, 1979. (RECOMMEND APPROVAL) A-5 Resolution No. 36-79 granting the Fireman's Muster Use Permit. A-6 Agreement with County Sheriff's Department for reimbursement of cost for acting Chief of Police. A-7 Ratification of transfer of funds ($1,500) from Finance/Personnel costs to Fire Department for fire hydrant replacement at the intersection of Main and Bonita streets. A-8 Resolution No. 35-79 authorizing County Assessor to place pro- perty liens on all property owners in Morro Bay who did not comply with Weed Abatement law. Mayor Pro Tem Cantine reviewed the Consent Calendar and requested that item A-3 be pulled for correction and held to the next regular meeting. The Council concurred. MINUTES - MORRO BAY CITY COUNCIL July 23, 1979, Regular Meeting Page 2 MOTION: Councilman Reasor moved the Consent Calendar items A-1, A-2, and A-4 through A-8 be approved as recommended by staff. The motion was seconded by Councilman Harmon and carried with Mayor Shelton absent. B. HEARINGS, APPEARANCES, AND REPORTS None. C. UNFINISHED BUSINESS None. D. NEW BUSINESS D-1 Planned Development review by Sylvester Antone Tug Service, Inc. to construct pier structure and parking on lease site #4 (501 Embarcadero). Mr. Gurnee reviewed the staff report with the Council and stated the Planning Commission considered the application from Sylvester Tugs to build a pier structure on lease site #4 extending from the top of the revetment wall to the pilings now holding existing floating dockage. Staff recommends that the Council revise their policy re- quiring a flat 12-foot lease side clearance for structures on all water leases and approve the plans for pier and parking development as submitted by Sylvester Tugs. Mr. Gurnee then advised the Council that the Planning Commission's recommendation is to'consider the Council's existing lease side clearance policy and approve the plan submitted by Sylvester Tugs subject to three conditions. MOTION: Councilman Harmon moved that the Council revise their current policy as follows: "All water structures shall be subject to a minimum 12 foot lease side clearance unless the Planning Commission can make the findings that the locations of the proposed structures and any boating operations to serve these structures will not cause any interference with the struc- tures or boating operations of neighboring leaseholds." The motion was seconded by Councilman Reasor and carried with Mayor Shelton absent. MOTION: Councilman Reasor moved that the City Council approve the plan submitted by Sylvester Tugs subject to the following conditions: (1) that no boat parking, loading, or unloading shall occur between the proposed pier and the north lease side line; MINUTES - MORRO BAY CITY COUNCIL July 23, 1979, Regular Meeting Page 3 (2) that the revetment wall be repaired or reconstructed to City specifications; and (3) that the existing six foot high"solid wooden fence be extended toward the waterfront to conceal the garage and work yard areas associated with the Sylvester Tug building subject to the approval of staff. The motion was seconded by Councilman Rosenberg and carried with Mayor Shelton absent. f D-2 Ten year lease with Robert M. Ashurst to use and operate State r well 29S/llE32K2.1 City will be responsible for all maintenance and repairs to.said well and appurtenances. Mr. Guluzzy reviewed the proposed agreement between the City of Morro Bay and Robert M. Ashurst and noted the following: (1) Mr. Ashurst shall grant to the City the use and operation of State well #29S/llE32K2 for a period of 10 years and (2) the City shall pay Mr. Ashurst $130 per month or the amount of slip rental charged to Mr. Ashurst by the City, whichever is greater. Mr. LeSage advised the Council that he had met with Mr. Ashurst and Mr. Guluzzy prior to drawing up the agreement. He also stated that Mr. Ashurst will have the right to use not more than 50 gallons of water per minute, free of charge, for domestic use and minor irriga- tion. MOTION: Councilman Reasor moved that the City Council approve the agreement and authorize the Mayor and City Clerk to execute it. The motion was seconded by Councilman Harmon and carried with Mayor Shelton absent. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Councilman Harmon stated he would like to see a program estab- lished that would test the water on the Giannini Ranch, see how much water is available from the ranch, and whether it is related to the rest of the basin. Mr. Guluzzy stated this issue will be addressed in the Water Management Study by Brown and Caldwell. Councilman Harmon asked if any additional information had been received as it relates to the Toro Creek Basin, e.g., who owns the water rights, how much water is in the creek, is it available, etc. MINUTES - MORRO BAY CITY COUNCIL July 23, 1979, Regular Meeting Page 4 Mr. Guluzzy stated he would have to check this matter out further before he could respond to Councilman Harmon's questions. Councilman Harmon suggested the Executive Session, which was pre- viously discussed, scheduled for August 20, 1979 be held sooner. Mr. Guluzzy stated it could be held just as soon as the Mayor returns from vacation. Councilman Cantine suggested continuation of the budget hearing be scheduled for the Wednesday, July 25th Study Session. Councilman Harmon stated he would prefer to schedule one Saturday to complete the review of the budget. Mr. Gurnee stated he is still gathering comments regarding the Property Maintenance Code and would like for this item to be pulled from the July 25th Study Session. Councilman Cantine stated he feels that the Council must address the need for additional staffing in the Planning Department and the Public Services Department. Councilman Rosenberg stated he feels discussion of the budget should occur on a Saturday rather than on a Wednesday. He then sug- gested if there is time on Wednesday, since the Property Maintenance Code has been pulled from the agenda, that the City Newsletter be scheduled for discussion. The City Council scheduled August 4, 1979 at 9:00 a.m. in the Recreation Hall to discuss the budget. E-2 City Attorney Mr. LeSage requested an Executive Session. E-3 City Administrator Mr. Guluzzy advised the Council that the Coastal Conservancy is interested in a joint agreement with the City of Morro Bay in the acquisition of land adjacent to the P.G.&E. plant. He stated the only cost to the City would be for staff time (7 hours) to develop the application. The money would come from an environmental fund and could be utilized for future development or preservation. He advised the Council that the property, known as Den -bulk is currently desig- nated by the City's General Plan as open space. He also stated staff is looking into the possibility of mariculture being done on this property. MINUTES - MORRO BAY CITY COUNCIL July 23, 1979, Regular Meeting Page 5 Mr. Guluzzy advised the Council of an access program which could grant the City up to $15,000 with the City matching the $15,000 for the purpose of e.g., street -end docks or platforms. Staff is requesting the Council authorize the City to make application for the funds. The City Council and staff discussed the type of project they feel would be the best for the City of Morro Bay. MOTION: Councilman Harmon moved that the City Council authorize the City to make application for the acquisition of the Den -bulk property. The motion was seconded by Councilman Rosenberg and carried with Mayor Shelton absent. MOTION: Councilman Harmon moved that the City Council authorize the City Administrator to make application for a proposal for matching funds from the State for an access project, with said proposal to come back to Council for approval prior to submittal. The motion was seconded by Councilman Reasor and carried with Mayor Shelton absent. Mr. Guluzzy stated he and John Bressan met with Brown and Caldwell to sign the agreement and discuss the Environmental Protection Agency (EPA) requirements. He then stated they also discussed the Water Management Study and have developed a Phase 1 Plan for implementation. Mr. Guluzzy also noted they had met with the State to discuss the draft proposal. This morning Mr. Guluzzy had a conference call with the State and they indicated that there does not appear to be any problems with the proposal. Brown and Caldwell will draft a contract for completion of the Water Management Study Phase 1 and send the City and State a copy of it. It is estimated that the Study will cost between $45,000 and $50,000 and staff would recommend the Council hire Brown and Caldwell to complete Phase 1 of the Water Management Study subject to approval by the State. Mr. Guluzzy stated he would like for the Council to adjourn its regular meeting to Wednesday, July 25, 1979 so Council action may be taken on a couple of matters that evening. Mr. Guluzzy advised the Council he had appeared before the Regional Water Quality Control Board in Santa Barbara on July 20th and requested they lift the sewer ban. There was a split vote of 4-4 with 1 member absent. The Board requested the City furnish them with additional data to include the results of our plant modification that the City just completed. They did not have any evaluation data on it and they wanted to see what differences would be made if any in the quality of the effluent. Mr. Guluzzy also advised the Council that the 4-5 month delay that the City has experienced is due to the State and EPA, not Morro Bay. MINUTES - MORRO BAY CITY COUNCIL July 23, 1979, Regular Meeting Page 6 Mr. Guluzzy advised the Council that he had met with the Senior Citizens' attorney, Mark Woolpert; Senior Citizens' representative, Molly Bruno; city attorney, Michael T. LeSage; and himself to discuss a lease agreement for a Senior Citizens' site. He advised the Council that the seniors have requested money from the Board of Supervisors for their site. The Supervisors have agreed to grant them $6,000 pro- viding the City will sign a 10 year lease agreement with the seniors. Councilman Cantine stated the Council previously agreed to make available a site to the seniors for grant application purposes. Supervisor MacElvaine had discussed this with Councilman Cantine and advised him that the money did not have to be used at this time and could be held to be used for a structural use in the future. Council- man Cantine stated he does not feel the site (Teen Center) should be "tied up" for 10 years in order to receive the $6,000 now. Mr. Guluzzy stated he understands that the $6,000 would be for utilities and minor repairs. Councilman Reasor stated he is concerned with a 10 year lease agreement for the Teen Center to be used for the Senior Citizens' site and would prefer to grant them the use of a room as opposed to the entire site. Mr. Guluzzy advised Council that the Weed Abatement Program is almost completed, except for about 10-12 lots that are too hilly to be done with the City's equipment. Therefore, a private contractor will have to be hired to do them. Councilman Cantine reviewed a supplement to the Joint Powers Agreement for the North Coastal Transit and requested that the Council support it. MOTION: Councilman Reasor moved that the City Council authorize the Mayor and City Clerk to sign the supplement to the Joint Powers Agreement for the North Coastal Transit. The motion was seconded by Councilman Harmon and carried with Mayor Shelton absent. Mr. Guluzzy discussed the City Newsletter with the Council and recommended the newsletter be mailed directly to the Morro Bay resi- dent's homes. He also stated he felt staff should prepare the news- letter to ensure objectivity and suggested the following topics for the first newsletter: (1) status report regarding the wastewater treatment plant and Water Management Study; (2) status report regarding Police Department; (3) information concerning the Human Resources Advisory Committee; and (4) 1979/80 budget. MINUTES - MORRO BAY CITY COUNCIL July 23, 1979, Regular Meeting Page 7 Councilman Cantine stated he feels the newsletter should be done on a monthly basis rather than a quarterly basis. He also stated by placing the newsletter on the front door, a lot of people would just throw it away and not even look at it. Mr. Gurnee stated San Luis Obispo city has been through all of the various alternatives that the Council is considering now and have determined the best method is to publish the newsletter on a quarterly basis in the Telegram -Tribune using a quarter page. Councilman Harmon stated that the newsletter would be missed by a lot of people in the newspaper, he does not like the time lag involved with the water bills, and that he feels door-to-door deli- very would be best because everyone in the City would receive the newsletter. He also stated he feels publication on a quarterly basis would be sufficient. Councilman Reasor stated he feels the newspaper would be the best method to start with and suggested a questionnaire be published with the newsletter to poll its effectiveness by asking people to respond to the newsletter. Also, considering the cost -factor using half a page to print a newsletter in the paper would cost less than door-to-door delivery. Councilman Reasor stated if this method did not work he would suggest trying People's Postal Service. He also stated he felt a short note should be placed on the front page of the Sun -Bulletin stating the City Newsletter can be found on page "x" Councilman Rosenberg stated he would support staff's recommenda- tion for the Newsletter to be mailed directly to the resident's homes or as an insert in the water bills. He also stated he feels the Newsletter should be a separate item and not be included within the newspaper or at least until people are accustom to seeing the news- letter and then consider converting to the newspaper. Councilman Rosenberg also stated a door-to-door basis would ensure that everyone in the City would get it. After further discussion Councilmen Reasor and Rosenberg stated they would support the first issue of the newsletter being done on a door-to-door basis with a notation placed in it stating that the future newsletters would appear in the Sun -Bulletin rather than being done door-to-door. Councilman Cantine stated he would like for the first newsletter to be publised prior to the City's election to let the citizens know what the various issues are. Councilman Harmon expressed concern in reaching the citizens of Morro Bay that do not receive the newspaper, therefore, he felt the door-to-door basis would best serve the entire community. 0 Ll MINUTES - MORRO BAY CITY COUNCIL July 23, 1979, Regular Meeting Page 8 The Council discussed the assemblance of the newsletter and deter- mined that staff would put it together, place it in the Council's boxes for review, and if there are any major changes to be made then to bring it before the Council at a meeting. MOTION: Councilman Rosenberg moved that the City Council instruct the City Administrator to proceed with the creation and dis- tribution of the City Newsletter as follows: (1) the first issue should be published within one month, (2) the second issue should be published in two months, (3) the first issue should be distributed as the City Administrator has recom- mended using People's Postal Service, (4) the second issue shall be printed as'a part of the Sun -Bulletin, (5) a feed- back mechanism (from citizens to City) should be included in the newsletter, and (6) staff shall report back to Council with the first proposed newsletter. The motion was seconded by Councilman Reasor. Mr. Cambell questioned whether the City should publish a news- letter because of the high cost involved and the fact the City receives free coverage of issues of concern to the citizens of Morro Bay via the Sun -Bulletin. He also stated the newsletter will be a report that re- flects favorable to the Council and administration. Councilman Rosenberg stated newspaper reporters tend to focus on disasters, but there are a lot of things that the citizens should know that do not attract newspaper reporters to write about. The motion carried with Mayor Shelton absent. Harbor Dredging Mr. Guluzzy advised the Council that he would be meeting with the Corps of Engineers and a representative of Congressman Panetta's office on Tuesday, July 31, 1979 at 10:00 a.m. to discuss the harbor dredging. Harbor Advisory Board Mr. Guluzzy advised the Council he has been trying to contact the various principal and alternate members of the Harbor Advisory Board (HAB) but has had some problems in reaching several of the members. Councilman Cantine suggested delegating the setting up of the HAB to a couple of the members of the Board. Executive Session Mr. Guluzzy stated he would like to discuss legal matters, per- sonnel, and negotiations in an Executive Session. 0 MINUTES - MORRO BAY CITY COUNCIL July 23, 1979, Regular Meeting Page 9 Councilman Harmon brought up the possible need for a shelter being placed over the bus stop to shield people from wind and/or rain. MOTION: Councilman Harmon moved that the City Council authorize the City Administrator to look into whether or not a shelter needs to be placed over the bus stop and report back to Council. The motion was seconded by Councilman Cantine and carried with Mayor Shelton absent. Capital Improvement Program Mr. Guluzzy advised the Council that staff has completed the draft Capital Improvement Program (CIP) and will be reviewing it with the department heads. After their review, the CIP will be for- warded to the Planning Commission and City Council for review. MOTION: Councilman Reasor moved the meeting adjourn to Executive Session with the understanding that the Council will return to open session and adjourn to July 25th to continue with item "E-3--City Administrator report". The motion was seconded by Councilman Rosenberg and carried with Mayor Shelton absent. The meeting adjourned to Executive Session at 9:45 p.m. and returned back to the Regular Meeting at 10:55 p.m. MOTION: Councilman Reasor moved the meeting adjourn to Wednesday, July 25, 1979, in the Recreation Hall, to continue with item E-3 of the regular meeting, followed by the Study Session. The motion was seconded by Councilman Harmon and carried with Mayor Shelton absent. The meeting adjourned at 10:57 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Penny Deputy City Clerk 6 6 MINUTES - CITY COUNCIL/PLANNING COMMISSION Joint Study Session July 11, 1979, 8:10 p.m. Morro Bay Recreation Hall The meeting was called to order at 8:10 p.m. by Mayor Pro Tem Cantine. ROLL CALL PRESENT: Councilmen Cantine, Harmon, Reasor, and Rosenberg Commissioners Elster, Hofstead, Paul, and Peters ABSENT: Mayor Shelton and Chairman Kelsay Staff Present Donald F. Guluzzy, City Administrator John Bressan, Public Services Director Elizabeth Penny, Deputy City Clerk ,f Discussion of Condominium Conversions Mr. Gurnee stated that condominium conversions involve the legal subdivision of an apartment building to individual dwelling units that are then sold. The reasons they are becoming so popular is because they allow potential homeowners to purchase housing, and in the eyes of landlords condominium conversions are lucrative. Conversions offer a large profit that can be made in a short period of time for developers. Because Morro Bay has a building mora- torium, developers can convert apartments into condominiums without being confronted with the building limitations in the City. Unless condominum conversions are controlled, the number of rental units will decrease. �" -y conversions that take place, and are unregulated, will effect hour Iopportunities in Morro Bay. Morro Bay's population consists of F ons on, fixed incomes and the elderly. Gurnee then reviewed the HUD defined annual income for the "vei ow income", the "low income" and the "moderate income". He stated a large percentage of Morro Bay's population cannot afford to purchase or rent condominiums. Mr. Gurnee advised the Council and Commission that with the adop- tion of a Condominium Conversion Ordinance, that amendments to the Housing Element must be made because it is a requirement of the Govern- ment Code. Mr. Gurnee then reviewed how staff suggests condominium con- version controls be addressed noting how to protect buyers, protect tenants, assisting the tenants move, protecting supply of rental housing, improving site, buildings, and units, and facilitating home ownership. He also reviewed the proposed amendments to the Housing Element which would require the addition of the six section as mentioned above. Mr. Gurnee then reviewed the proposed condonominium conversion ordinance with the Council and Commission. He also reviewed his pro- posed schedule for completion of adoption of the ordinance and revising the Housing Element. Commissioner Peters suggested that the ordinance be written in terms of the percentage of the annual rent rather than a dollar amount which would save in making revisions. MINUTES - CITY COUNCIL/PLANNING COMMISSION July 11, 1979, 8:10 p.m. Page 2 Commissioner Elster expressed concern with the compliance -factor involved with the ruling that requires a set number of units be re- served for low-income housing. This will necessitate the developer imposing a higher rate on the balance of the units to compensate for the loss on the low rentals. Councilman Rosenberg expressed concern regarding maintenance and upkeep of units which had a variance in price from e.g., $100,000 to $50,000 per unit on the same street. He did not feel that the level of upkeep would be the same. He also asked what type of deed restric- tions can be placed upon the units. Mr. Gurnee stated he would like to leave this matter up to the developer to work with the Planning Commission and Planning Department on. Commissioner Hofstead stated there is a need for the City to get and maintain control on the number of condominium conversions,.that take place in the City, along with developing standards for the actual conversions. Councilman Harmon expressed concern with the balance of the re- quirements of the rights of the tenants. Councilman Reasor expressed concern with some of the requirements placed upon the builders or sellers. A condominium conversion should make sure the buildings are sound and that they meet the requirements of open space and the availability of vacant rental units. He also was concerned with the requirement allowing tenants to have a vote as to whether the apartment should convert to a condominium. As the ordinance is proposed, as few as three tenants opposing the conversion could take the developer's right away from converting. The vacancy rate is very important and needs to be considered. He also expressed concern with the requirement of having to reimburse people up to $1,000 for moving expenses. Councilman Reasor and Mr. Gurnee discussed the common open space of horizontal conversions and vertical conversions. Councilman Rosenberg stated he does not feel the proposed ordi- nance has any concern for the person who owns the property and that there are too many unnecessary restrictions placed upon the potentital developers. He then submitted the following suggestions: Because common walls are involved in condominiums the walls should be up to code, e.g., restrictions on sound -proofing walls, smoke detectors. He expressed concern over the number of regulations and inspections that the City is proposing to require on condominium conversions. The fees involved for these reports and inspections that are required must be passed on to the buyer by the developer. He suggested as an alternative that a brochure be printed to educate potential buyers as to what they should look for and questions they should ask in regards to a condominium. MOTION: Councilman Reasor moved the meeting extend past 9:30 p.m. to allow Councilmen Rosenberg, Cantine, and Commissioner Paul to comment on the proposed Condominium Conversion Ordinance. The motion was seconded by Councilman Harmon and carried unanimously with Mayor Shelton and Chairman Kelsay absent. MINUTES - CITY COUNCIL/PLANNING COMMISSION July 11, 1979, 8:10 p.m. Page 3 Councilman Rosenberg expressed concern with page 6, section 5; page 7, section B-2; page 8, section A's wording; and page 9, sec- tion F's wording. Councilman Rosenberg and Commissioner Hofstead discussed the pros and cons of laundry facilities being provided with condominium conversions. They considered the fact that there are laundromats within Morro Bay and also the cost of gasoline to travel to them. Commissioner Paul stated he feels the proposed ordinance is too restrictive especially on the property owner. The ordinance as pro- posed would stop any condominium development in Morro Bay. The cost to the builder would be too much. If there is a problem with low-cost housing he felt it should not be addressed along with the Condominium Conversion Ordinance. Councilman Cantine stated he did not wish to give his comments at this time. Mr. Campbell stated the Council should support the person with the capital. If a person has money to make he should be allowed to do so. He also stated he agrees with Councilman Rosenberg's comments. Ron DeCarling, County Planning Department, stated he feels the ordinance appears to be a workable one. He also stated in regards to Councilman Rosenberg's concern as it relates to maintenance of e.g., $100,000 homes vs. $50,000 units, that this would not be of a concern because homeowner associations are established with condomi- niums to handle the necessary maintenance. He then stated he feels the proposed ordinance reflects Morro Bay in light of the housing situation. Mr. Gurnee suggested the Council and Commission authorize staff to proceed with the processing of the negative declaration and the housing element revisions and that a joint study session then be held to address these issues. The Council and Commission concurred. MOTION: Councilman Rosenberg moved the meeting adjourn to July 9, 1979 at 7:30 p.m. in the Recreation Hall for the Council's regular meeting. The motion was seconded by Councilman Harmon and carried unanimously. The meeting adjourned at 9:50 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Penny Deputy City Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned Meeting/Study Session July 11, 1979, 6:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 6:30 p.m Cantine. ROLL CALL by Mayor Pro Tem Present: Councilmen Cantine, Harmon, Reasor, and Rosenberg ABSENT: Mayor Shelton Staff Present Donald F. Guluzzy, City Administrator Tom McGonagill, Finance Director John Bressan, Public Services Director Bernie Zerr, Fire Chief Elizabeth Penny, Deputy City Clerk A-3 Consent Calendar item continued from July 9, 1979 meeting. Resolution No. 32-79 approving submission of City of Morro Bay Annual Transportation Claim. MOTION: Councilman Rosenberg moved the City Council approve item A-3 as recommended by staff. The motion was seconded by Councilman Reasor and carried with Mayor Shelton absent. Discussion of Proposed Reorganization as it relates to Budget MOTION: Councilman Reasor moved that account #4004, "tax revenue" by revised as follows: (1) sales taxes will be reduced from $434,670 to $410,000 for fiscal year 1979/80 and. (2) bed taxes be reduced from $189,000 to $180,000 for fiscal year 1979/80. The motion was seconded by Councilman Harmon and carried with Mayor Shelton absent. This means that taxes shall be reduced to $336,700 overall, bringing the total tax revenue to $1,044,950. Mayor Pro Tem Cantine addressed the issue of the proposed Director of Administrative Services. He then stated he had spoke with several people in the community and they strongly support leaving the Parks and Recreation Department as it is currently structured. Councilman Rosenberg stated he feels it is more efficient to place "maintenance" into one category. He also stated he feels the Council should support the City Administrator and that it is the Administrator's job to do how he feels he can best accomplish it. Mayor Pro Tem Cantine stated he does not feel it is necessary to "dismember" the Parks and Recreation Department. Councilman Reasor stated he would support'Public Services doing the necessary parks maintenance rather than the Parks and Recreation Department. He also stated the Recreation Director does not have to only do recreation -oriented duties, but could be assigned other duties. Councilman Reasor concluded his comments stating he wants a good over- all program -in the Recreation Department. 0 MINUTES - MORRO BAY CITY COUNCIL July 11, 1979, 6:30 p.m. Page 2 Councilman Harmon stated he agrees with Councilman Reasor and Rosenberg. Councilman Cantine stated he feels the Finance Director position should be given the title of Director of Administration and Finance. Councilman Rosenberg stated he is strongly against Councilman Cantine's proposal because the Finance Director's duties are such that there is no leeway to take on additional duties of another depart- ment. He also stated he feels the issue of the position of Director of Administrative Services and Finance is being looked at from a per- sonnel standpoint rather than a management standpoint. Councilman Harmon stated he feels some of the responsibilities that are outlined for the Director of Administration to assume be removed from that position and the Finance Director position be up- graded to the position of Director of Administrative Services. MOTION: Councilman Cantine moved that the title "Director of Admini- strative Services" be the Director of Finance. The motion was seconded by Councilman Hamon. Mr. Guluzzy stated he assumes that with the proposed motion that he, as City Administrator, will name the Director of Finance and Administrative Services. The motion carried with Councilman Rosenberg voting no and Mayor Shelton absent. Councilman Cantine stated, for the record, this matter has been discussed with Mayor Shelton. MOTION: Councilman Cantine moved that insurance, grant processing, public information, and word processing be removed from that section. The motion died for lack of a second. Councilman Cantine stated he feels the Parks and Recreation Program is one of the most important elements that the City has. He also stated that the proposed reorganization does not give him any assurance that it will continue in this manner. The City Council discussed the Parks and Recreation supervisor position and responsibilities of that person. Councilman Reasor stated he wants a strong Recreation Department to the degree that it involves the City's senior population moreso. MOTION: Councilman Cantine moved that the Director of Parks and Recreation be equivalent at a grade of $20,000. The motion was seconded by Councilman Reasor. Councilman Rosenberg stated he is opposed to this. He feels the recreation supervisor should be at the level she is presently and add one additional person to the department that is knowledgeable about recreation at a level of about $10,000. The motion failed with Councilman Cantine and Harmon voting yes, Councilmen Reasor and Rosenberg voting no, and Mayor Shelton absent. MINUTES - MORRO BAY CITY COUNCIL July 11, 1979, 6:30 p.m. Page 3 Councilman Reasor stated he voted no because the title, "Parks and Recreation Director" was brought in, and that gives the connotation of going back to maintenance of parks. He felt this was combining the three functions. MOTION: Councilman Harmon moved that insurance, grant processing, and public information be attached to the functions of the Recre- ation Department. The motion was seconded by Councilman Cantine and carried with Councilman Rosenberg voting no and Mayor Shelton absent. Mr. Campbell stated he would like to have a retyped budget sub- mitted because there have been so many changes that confusion is re- sulting. Mr. Gaines stated the Parks and Recreation Director should be able to handle grants already because he deals with recreational grants now as it is. Councilman Rosenberg stated he does not feel this is an appropriate reorganization as the Council has revised it, because it is directed towards personnel. MOTION: Councilman Rosenberg moved the meeting adjourn to June 11, 1979 at 8:10 p.m. in the Recreation Hall for the Council's Joint Planning Commission/City Council Study Session. The motion was seconded by Councilman Harmon and carried unanimously. The meeting adjourned at 8:00 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Penny Deputy City Clerk MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 9, 1979, 7:30 P.M. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Shelton with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL Present: Councilmen Cantine, Harmon, Reasor,.Rosenberg, and Mayor Shelton Absent: None STAFF PRESENT T. Keith Gurnee, Planning Director Michael T. LeSage, City Attorney Tom McGonagill, Finance Director George Chrissakis, City Engineer Sharon Lilley, Acting Deputy City PUBLIC COMMENT (Acting City Administrator) Clerk Mrs. Lois Rowland, Chairman of the Water Front Task Force, discussed the concern of her committee regarding the long over due dredging of the harbor. Mrs. Rowland stated that her task force went to the Board of Directors of the Chamber of Commerce and as a result, they drafted a resolution which they are going to present to the legislatures and to the Corps of Engineers requesting assistance with the dredging of the harbor. Mrs. Rowland requested the support of the City Council and stated that she would read the resolution. Councilman Cantine stated that he and Councilman Reasor spoke with Senator Hayakawa's Administrative Assistant and also with Congressman Panetta and that they stated that the Corps of Engineers was short of funds and -that the dredging of the harbor was not an -emergency action. Councilman Cantine stated that the City did have $200,000 in the budget for dredging but would not have sufficient funds for dredging of the moorings unless there was assis- tance from the Corps of Engineers. Councilman Cantine stated that Congressman Panetta had stated that this money needed for assistance for our dredging project had already been expended on other projects, although the money had been earmarked for Morro Bay.Harbor Dredging. Confirmation was later received from Congressman Panetta's office stating yes the money had been earmarked.and that we could expect assistance from the Corps of Engineers as this item is placed on their priority list and are encouraged that this will be accomplished this year. Councilman Cantine stated that this resolution should be sent forward in support -of the actions which have already taken place by the Morro Bay City Council. Mrs. Nancy Culver, Citizens Action.League, stated that on July 5, 1979, the Board.of Directors passed a recommendation for consideration by the City Council. The recommendation is as follows: That the City Council make as a matter of policy to appoint one member of the City staff as ex-officio member of each citizens' advisory committee appointed by the City Council. 6 MINUTES - MORRO BAY CITY COUNCIL July 9, 1979, 7:30 P.M. Page Two Mrs. Culver stated that this procedure would assist in eliminating problems of communication and produce a greater coordination of efforts between advisory committees and the Council. Councilman Rosenberg stated that he would forward this recommendation ..to the Resources Committee as they are formulating a policy on citizens' advisory comimittees. Mr. Campbell stated that there is a serious problem with street maintenance in that weeds have been up -rooting the streets and sidewalks (i.e. Norwich). Mr. Campbell stated that it is not a good idea for the City to have improvement projects within. the City if they are not going to maintain them. He stated that the remainder of the streets are as deteriorated if not in worse condition. Mr. Campbell suggested that a weed or soil steroid be used to control the weed problem from _eroding the streets which would be fairly inexpensive. Mr. Campbell referred to an article in the paper which recently critized the Parks and Recreation Director. Mr. Campbell stated that he does not understand why Councilman Cantine has publicly critized Mr. Braga. Furthermore, Mr. Campbell feels that Director Braga has done a "fine job" for the City of Morro Bay. Councilman Cantine stated that the paper was completely wrong in its reporting and that he had gone to Director Braga's office on the following day and explained that he did not complain about Mr. Braga as a'Recreation Director. Councilman Cantine explained that the discussion had come about.concerning his fight with the Council to have a strong Recreation Department and that Mr. Guluzzy had stated that that was only .a portion of Mr. Braga's duties. Councilman Cantine stated that he had said Mr. Braga could have done a better job on the senior citizen report had he been performing his job as Parks and Recreation Director on a full-time basis. Councilman Cantine also expressed his desire to have someone more than a Recreation Supervisor to run the Recreation Department. The public comment was closed to the public. A-1 Minutes of the June 25, 1979 regular meeting A-2 Minutes of the June 27, 1979 executive session A-3 Resolution No. 32-79 approving submission of City of Morro Bay Annual Transportation Claim Mayor Shelton reviewed all items on the Consent Calendar. Mayor Shelton then requested that Items A-1 & A-2 be deferred until the next regular City Council meeting for presentation. A-3 Resolution No. 32-79 Annual Transportation Claim Councilman Cantine asked Mr. Gurnee whether or not this claim was more or less than the one submitted for last year. Mr. Chrissakis stated that the claim for this year was less than that of last year. However, last year included a surplus from the previous year. Mr. Chrissakis stated what the City is claiming is that portion which.we were allowed. Councilman Cantine asked if there was any reason why we couldn't ask for more. Mr. Chrissakis stated that there was no reason why we couldn't ask for more, however, he didn't feel that we would get it. Councilman.Cantine stated that he had attended a Council of Governments meeting and that other cities requests were approved with no problem. Councilman Reasor suggested that this item be deferred until Wednesday, June 11, 1979. The Council agreed. 0 6 MINUTES - MORRO July 9, 1979, 7 Page Three BAY CITY COUNCIL 30 p.m. Councilman Harmon asked if there were any funds available for a shelter at the connecting bus stop for San Luis Obispo? Councilman Cantine stated that he had not heard of any proposal for a shelter. MOTION: Councilman Harmon moved that Itam A-3 of the Consent Calendar be moved to Wednesday night, June 11, 1979, Study Session. The motion was seconded by Councilman Reasor and was unanimously carried. B. HEARINGS, APPEARANCES, AND REPORTS B-1 Environmental Resources Committee report relating to long-term Water Policy Mr. Diffley, Chairman of the Environmental Resources Committee, stated that detailed background information was gathered regarding the basic water situation. Mr. Diffley stated that the committee was emphasising two points in their report: 1. The growth of the City duirng the next 20 years will be limited by the capacity of the new wastewater treatment plant. This is the valve which controls the water supply. 2. Before the City can take action to solve the water problem, decisions on the following must be made: a) sources of water b) cost c) quantity set by wastewater treatment plant d) cost & timing Mr. Diffley further stated that in order for these decisions to be made, it will require maximum participation on the parts of the citizens within the community. Mr. Diffley stated that the committee recommends that the Council institute a workshop with a focus on local water resources which might be developed; successful solutions which have been developed elsewhere; realistic costs and projections; and finally as a -result of this analysis, prepare a long range solution to the water problem. Mr. Diffley suggested that the workshops make use of local, county and state specialists who could provide current data to the City for review. Perhaps a task force could be developed incorporating local citizens for their input. Mr. Campbell asked Mr. Diffley where he got his facts regarding limited building taking place in Morro Bay? Mr. Diffley responded that this was due to the present condition of the coastal aquifers which the Department of Water Resources has advised us are being over drafted. Mr. Diffley stated that the experts have said that no building can take place until we solve our water problems. As a direct result of this, we have the Building Moratorium in affect in the City of Morro Bay. Mr. Jerry Hempenius asked how much longer are we going to search for water? Mayor Shelton responded that most of the material in old reports, supports Nacimiento. However, Mayor Shelton stated that we need to look at other alternatives as well. Councilman Cantine stated that when it became clear that the California Aqueduct System would not be available to Morro Bay, there was no doubt that the next push would be for Nacimiento water. Councilman Cantine stated at the County Water Advisory Committee, several members raised the question of local projects being developed MINUTES - MORRO July 9, 1979, 7 Page Four BAY CITY COUNCIL 30 p.m. with the money that had accumulated for the California Aqueduct System. Councilman Cantine stated that the State indicated under a new policy that if you could indicate a cost-effective benefit for the County, they could be considered under the California Aqueduct System Financing Program. Councilman Cantine stated that as far as he is concerned, he will seek to have the City achieve position on the local project alternatives well in advance of the Nacimiento project going before the voters. Mr. Ross referenced a statement made by Clint Milne regarding the length of time required to complete a dam project (approximately 20 years). Mr. Diffley stated that the Nacimiento project would require a reservoir. Mr. Diffley also stated that Whale Rock had spilled twice in the last two years. Mr. Campbell asked under what conditions can we open up that valve at the Whale Rock for water? Mr. LeSage stated that we have a year to year contract and that we have no water rights for continued extraction of water, and it can only be utilized in a time of emergency. Ralph Peters asked.Mr. Diffley how long his proposed workshop would be, when would it take.place, and who would the speakers be? Mr. Diffley responded that suggestions for guest speakers -could include Chuck Lawrence (he spoke in Santa Barbara) or Ken Schwartz (S.L.O.); and possibly the Department of Water Resources could send someone. It was suggested that the workshop could be held over a weekend. Mr. Diffley stated that he would like to see the groundwork begun by late August or September and have it finished by December. Mayor closed this item to public hearing. Councilman Rosenberg asked the Planning Director for his input and reaction to the proposed workshop concept. Mr. Gurnee stated that any solution to Morro Bay's water problems will require a very solid support on the part of the citizens and he doesn't feel that there will be that kind of support because of the confusion over the issue. Councilman Rosenberg stated that he feels it is an excellent idea and feels that the E.R.C. has been waiting for direction from the Council to proceed and suggested that perhaps direction be given to either Mr. Gurnee or to the advisory committee to begin work on it. Mayor Shelton suggested that perhaps it would be more appropriate to direct the City Administrator and he could then in turn give it to the appropriate staff and they could coor- dinate this effort. Councilman Rosenberg stated that he is endorsing this report and thinks that some direction should be given so that the advisory committee can proceed. Mayor Shelton thanked Mr. Diffley and his committee for their efforts in providing this report and giving the Council direction with specific recommendations. Councilman Reasor stated that he would also support this committee report. He stated that he has always had the feeling that whoever had recommended water for Morro Bay in the past, choose what they wanted and then built up the facts to support this choice rather then looking at the other alternatives. 46 MINUTES - MORRO BAY CITY COUNCIL July 9, 1979, 7:30 p.m. Page FIVE Councilman Harmon asked what the costs would be to conduct the proposed workshop in terms of staff hours and expenses for potential guest speakers, etc. Mr. Gurnee stated that this has not been determined at this point. However, he belives that the intent of the committee is to use local resources as much as possible. Councilman Rosenberg stated that perhaps $1,000 or less would be a good estimate. Councilman Rosenberg stated that information from Santa Barbata is not being transmitted up here and it would be valuable to have someone from that County to discuss the water issue. Mayor Shelton suggested that staff come back to the Council with a workshop plan including a specific calendar. Mayor Shelton stated that he would like to be general in his direction to Mr. Guluzzy and would like to let Mr. Guluzzy delegate the staff that he wants to work on a proposal as to how they are going to present this workshop. MOTION: Councilman Rosenberg moved that he would like the report of the E.R.C. incorporated within the specific actions relative to the implementation of the water policy. The motion was seconded by Councilman Harmon and was unani- mously carried. RECESS: 9:06 p.m. RECONVENED: 9:19 P.M. B-2 Long -Term water Policy Mr. Gurnee presented his report regarding the proposed long- term water Resolution discussing briefly the points of specific concern. Mr. Gurnee stated that this resolution is not intented to be a work program but rather a statement of policy on behalf of the Council as a part of procurement. Mayor Shelton opened this item to public hearing. Councilman Harmon suggested an addition to #G regarding a delivery system. Mr. Gurnee stated that it could be included in the resolution. Mr. Gurnee stated that he could add a sub -section under G to include the following: "To examine the potential water savings of correcting the leakage problem of the current system The Council agreed. MOTION: Councilman Rosenberg moved that Resolution No. 37-79 be read by title only. The motion was seconded by Councilman Cantine and was unanimously carried. Mr. Gurnee read Resolution No. 37-79 by title only. MOTION: Councilman Cantine moved that Resolution No. 37-79 be approved as amended (addition of sub -section under #G). The motion was seconded by Mayor Shelton and was unani- mously carried by roll call vote. 2 B-3 Request for a three month extension of the Condominium Conversion Moratorium to allow presentation of draft ordinance at July 11, 1979 meeting I Mr. Gurnee stated that he had drafted the Condominium Conver- sion Ordinance and that they are available to the public over the counter at the Planning Department. Mr. Gurnee stated that it would need to go through the following steps before it could be adopted: 4 MINUTES - MORRO BAY CITY COUNCIL July 9, 1979, 7:30 p.m. Page SIX It would need an amendment to the Housing Element; Negative Declaration status; and approval from the Planning Commission and City Council. Mr. Gurnee stated that because this process is so lengthy, he would recommend an extension of the Condominium Con- version Moratorium to allow sufficient time for the review of the proposed drafted ordinance. Mr. Gurnee proposed a 3-6 month extension. Mayor Shelton opened this item to public hearing. Mr. Gurnee stated that he .was recommending that this be presented this Wednesday night at a joint study session meeting between the Council and the Planning Commission as a presentation of this ordinance and some of the conditions in Morro Bay. Councilman Cantine stated that he feels that this document will need public exposure for a better understanding of the Ordinance. Mr. Gurnee stated that condominium conversion regu- lations are very complex. Mr. Gurnee stated that he-had"consulted with 14 different cities and each of them has a different approach. We are consistent with what other communities have done in their regulations. Mr. Diffley requested information about the basic need for this condominium conversion moratorium. Mr. Gurnee stated that with a lack of developing standards within the City ordinance for con- dominium conversions, ultimately people could be evicted without recourse (this would affect mainly elderly and low income people). This control is to protect housing rental supply from being converted over to condominiums. Mr. Gurnee stated that those areas affected most are the urban and coastal areas. Mr. Gaines asked about the number of apartments which could potentially be converted to condominiums. Mr. Gurnee stated that there were 865 multi -dwelling units which could be converted. Mayor Shelton closed this item to public hearing. Councilman Reasor stated that he had originally recommended this control over condominium conversion. He stated that he would like to see this adopted with the extension of 3 months. Councilman Harmon concurred. A discussion followed regarding the time frame needed to complete the revisions on the regulations. Councilman Cantine stated that he would defer to the judgement of the Planning Director. Councilman Rosenberg stated that he feels it will take longer than 3 months.because he sees no protection for the property owners and this is a real conern'of his. Councilman Rosenberg suggested that staff propose a work schedule to work within. A brief discussion followed regarding the effective date of the extension of the Condominium Conversion Moratorium to provide additional time for the preparation of the draft ordinance. Mr. LeSage stated that the 3 month extension would be effective from that night's meeting (7-9-79). 0 • MINUTES - MORRO BAY CITY COUNCIL July 9, 1979, 7:30 p.m. Page SEVEN Mr. Gurnee stated that there are several policy issues in this ordinance that the Council is going to have to deal with for the first time. MOTION: Councilman Cantine moved that the be extended three (3) months from was amended to include that staff a plan of work for accomplishment motion was seconded by Councilman carried by roll call vote. D. NEW BUSINESS date of Ordinance 158 this date. The motion be directed to formulate of that objective. The Reasor and was unanimously D-1 Award of storm drain bids for construction of storm drains at Sienna and Sandalwood for $20,765; Tulare and Ridgeway for $19,800; Main and Cypress for $10,800; Pacific and Market for $6,050; and Avalon Street for $31,860. (RECOMMEND APPROVAL) Mr. Gurnee stated that a transfer of funds in the amount of $5,285. would be necessary to accomplish this project which is the difference between the budget amount and the cost of the project. MOTION: Mayor Shelton moved that a transfer voucher of $5,285 be approved and that the bid for storm drain project (in 5 different locations) be awarded to Melcher Construction Company. The motion was seconded by Councilman Reasor and was unanimously carried by roll call vote. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Councilman Rosenberg stated.that Mr. Guluzzy's Status Report Summary Sheet has been needed for some time. Councilman Rosenberg requested this summary sheet so that Council could be kept up to date with those items which were being worked on by staff and those items which still needed Council action. Councilman Harmon asked about the status on the Harbor Advisory Committee. Mayor Shelton responded that the members as well as their alternates had been appointed. The Committee consists of the following: Commercial Fisherman: Sports Fishing: Marine Supply: Fishing Processing: Cliff Smith Dick Sylvester (alternate) Mike Fitzsimmons Mark Tognazzini (alternate) Orvis Stacy Doug Riddell (alternate) Wes Jackson Armis Huse (alternate) Water Related Business:Reg Whibley Ed Carnegie (alternate) Mayor Shelton stated that he did provide a press release regarding these appointments. T t MINUTES - MORRO BAY CITY COUNCIL July 9, 1979, 7:30 p.m. Page EIGHT MOTION: Councilman Rosenberg moved that we request the Harbor Advisory Committee as their first task, to come up with a plan of work for the next 12 months and establish with staff a joint meeting with the City Council. The motion was seconded by Councilman Cantine and was unanimously carried. Councilman Harmon asked that some decision be made regarding the newsletter. Councilman Cantine stated that in Mr. Guluzzy's memo, he stated that the Council had not given him direction. MOTION: Mayor Shelton moved that Mr. Guluzzy be directed to initiate a newsletter. The motion was seconded by Councilman Reasor.. Councilman Rosenberg stated that Mr. Guluzzy had presented five different alternatives and the question is how do we want Mr. Guluzzy to implement the newsletter. MOTION: Mayor Shelton amended his original motion to include that Mr. Guluzzy bring before the City Council at the next regular meeting, the newsletter presentation. The motion was seconded by Councilman Reasor and was unanimously carried. E-2 City Attorney The City Attorney had nothing to report. E-3 Mr. Guluzzy was not present and Mr. Gurnee (the Acting City Administrator) had nothing to report. MOTION: Mayor Shelton moved that this meeting be adjourned until 6:30 p.m. on Wednesday, July 11, 1979. The motion was seconded by Councilman Harmon and was unanimously carried. Councilman Cantine requested a short executive session to discuss litigation. MOTION: Mayor Shelton moved that the meeting be adjourned to Executive Session and upon the completion of this meeting, will return to an adjourned Study Session to be held at 6:30 p.m. on Wednesday, July 11, 1979, at the Morro Bay Recreation Hall. The motion was seconded by Councilman Harmon and was unanimously carried. The meeting was adjourned at 10:26 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Sharon A. Lilley Acting Deputy City Clerk