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HomeMy WebLinkAboutJuly to December (2)CITY OF MORRO BAY REGULAR MEETING - DECEMBER 22, 1980 RECREATION HALL, 7:30 PM Call to Order Pledge of Allegiance - Horace Strong, American Legion Invocation - Rev. Paul Dear, First Christian Church A. CONSENT CALENDAR (RECOMMEND APPROVAL) A-1 Expenditure Report for November, 1980. A-2 Rejection of Bids for Fuel Pumps. A-3 Request to Vacate a Portion of South Street Between Monterey and Napa Streets. A-4 Morro Bay Garbage Franchise Amendment Agreement. A-5 Appointment of John Bressan as Project Manager and Grant Reviewer for EPA Clean Water Grant. A-6 Authorize Filing of Phase III, LCP Grant Application. A-7 Denial of Claim by Jonathan Clinard and Refer to Insurance Carrier. A-8 Approval of November 24, 1980 City Council Minutes A-9 Resolution of Appreciation for Coastal Conservancy Assistance to the City of Morro Bay. B. NEW BUSINESS B-1 Ordinance Amending Section 7.28 of the Morro Bay Municipal Code. B-2 Request from Los Angeles County to Support Legislation Regarding Fire Retardant Roofs. PUBLIC HEARINGS, REPORTS, AND APPEARANCES C-1 Appeal by John Askin on Boat Slip Waiting List. C-2 Deanna Davis Request for Lease Extension on Lease Site 68 and 68W. C-3 Lease Site Report by City Administrator. C-4 Appointments to be made in 1981 for boards and commissions. D. ITEMS OF INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator I� • 9 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 22, 1980 Recreation Hall, 7:30 PM The meeting was called to order by Mayor Warren M. Dorn at 7:30 PM. The pledge of allegiance was led by Horace Strong of the American Legion and the invocation was given by Rev. Paul Dear of the First Christian Church. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem ABSENT: Herminia Ward, Councilwoman STAFF: Kent M. Taylor, Acting City Administrator Michael T. LeSage, City Attorney John Bressan, Director of Public Services Murrel Crump, Community Development Director Bernie Zerr, Fire Chief Bonita Murray, Deputy City Clerk A. CONSENT CALENDAR A-1 Expenditure Report for November, 1980. A-2 Rejection of Bids for Fuel Pumps. A-3 Request to Vacate a Portion of South Street Between Monterey and Napa Streets. A-4 Morro Bay Garbage Franchise Amendment Agreement. A-5 Appointment of John Bressan as Project Manager and Grant Reviewer for EPA Clean Water Grant. A-6 Authorize Filing of Phase III, LCP Grant Application. A-7 Denial of Claim by Jonathan Clinard and Refer to Insurance carrier. A-8 Approval of November 24, 1980 City Council Minutes A-9 Resoluton of Appreciation for Coastal Conservancy Assistance to the City of Morro Bay. Kent Taylor read the items on the Consent Calendar to the Council and the public present. Item A-4 has been rescheduled for the January 12, 1981 meeting. Mayor Pro-Tem Lemons asked that Item A-3 be held until later in the meeting and discussed at that time. MOTION: Mayor Pro-Tem Lemons moved for the approval of the Consent Calendar with the exception of Item A-3. This was seconded by Mayor Dorn and so carried. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 22, 1980 Page Two B. NEW BUSINESS B-1 ORDINANCE AMENDING SECTION 7.28 OF THE MORRO BAY MUNICIPAL CODE. Mr. Taylor stated that this ordinance amendment would make it illegal to throw stones, wound or otherwise maliciously hurt any species of wild birds within the City. MOTION: Councilwoman Deutsch moved that Ordinance Amending Section 7.28 of the Morro Bay Municipal Code be read by title only and that this constitutes the first reading. This was seconded by Mayor Pro-Tem Lemons and carried unanimously by roll call vote. Kent Taylor read this ordinance by title only - "An Ordinance Amending Section 7.28 of the Morro Bay Municipal Code." B-2 REQUEST FROM LOS ANGELES COUNTY TO SUPPORT LEGISLATION REGARDING FIRE RETARDANT ROOFS. Mr. Taylor had reqeived a request from Los Angeles County asking for all cities and counties to support a building code requirement for fire retardant roofs for new construction. There is no objection from the staff level on this. However, we would prefer local control on this rather than state control. If Council would like to support this legislation, a letter stating this would be sent to the legislators and Board of Supervisors in Los Angeles County. MOTION: Mayor Pro-Tem Lemons moved that this request for support of legislation from Los Angeles County on fire retardant roofs for new construction be noted as received and filed. This was seconded by Councilman Anderson and so carried. C. PUBLIC HEARINGS, REPORTS, AND APPEARANCES C-1 APPEAL BY JOHN ASKIN ON BOAT SLIP WAITING LIST. Mr. Taylor stated that the question before the Council is whether or not this individual meets the criteria for a commercial fisherman. Due to repairs on his boat, it was difficult for him to meet the definition of a fisherman. The Harbor Advisory Board felt that this individual should be denied a place on the waiting list until such time as he qualifies as a commercial fisherman: John Bressan gave a brief background on this matter. He felt that if Mr. Askin was allowed to be placed on the waiting list, then the application period should be reopened again for 60 days as others did not apply who didn't meet the strict interpretation of this ordinance. Jack Hanson, a member of the Board of Directors for the Fisherman's Association, said it was his Association's position that they would like to have the strict interpretation of this ordinance upheld. Mr. McSpadden read an article on the Morro Bay City Council's decision from a magazine and felt that a fisherman should be able to prove $5,000 worth of income during the year to be classified as a commercial fisherman. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 22, 1980 Page Three John Askin stated that he moved to Morro Bay after retiring and bought his boat intending to fish commercially. However, he had no intention of fishing six to eight months out of the year. He felt that he was a taxpayer and does business in this city. He didn't feel that other commercial fishermen who do not spend dollars in this city should be allowed a slip over individuals like himself. Ron Myer felt that the Council had passed a good ordinance and the qualifications for a commercial fisherman were very lenient. He felt there was no possible way a person can make a living on $5,000 income and would be in favor of denying the appeal. MOTION: Councilman Anderson moved that the ordinance be upheld and that Mr. Askin be denied his appeal. This was seconded by Mayor Dorn. On a roll call vote: Anderson - yes; Deutsch - no; Dorn - yes; Lemons - yes. The motion was carried by a majority vote. C-2 DEANNA DAVIS REQUEST FOR LEASE EXTENSION ON LEASE SITE 68 AND 68W. Deanna Davis has a 20 year lease that expires in February, 1981. She originally requested an extension of 20 years. The lease is based on dollar improvements. Mr. Taylor stated he had met with the applicant and her attorney. The original county lease states that an extension may be granted for a period of time or less. It is the goal of the Council to have all of the property under city leases. City leases grant a fair return to the City rather than the county lease. The applicant felt she was entitled to a lease extension for a certain period of time and the staff didn't agree. The compromise worked out was a five year extension on the county lease and then the applicant would enter into a long term city lease at that time. Rodger Anderson disqualified himself on this matter. Deanna Davis stated that she understood the compromise agreement as outlined. Howard Gaines felt that it was up to the Council to " determine what the ' improvements of the lease were, whether or not they have been kept up, and ascertain what the current assessed value of the property is by the County Assessor. He also felt that an extension of the lease on a month to month basis should be required until these conditions are met. Since Proposition 13, Kent Taylor stated that the County Assessor does not assess property on an annual basis. However, the City could request that this be done. One of the main questions here is how to phase out county leases. Councilwoman Deutsch felt that this extension might set a precedent for others with county leases and did not want to do that. Mayor Pro-tem Lemons stated that inflation alone would increase the value of the property and allow for an extension on the county leases. Mr. LeSage stated that Council could grant an extension on a month -to -month basis pending Council's determination of what the policy will be on the county leases. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING- DECEMBER 22, 1980 Page Four MOTION: Mayor Pro-Tem Lemons moved that we approve a lease extension for Deanna Davis (Lease Site 68 and 68W) on a month -to -month basis until a determination on all the county leases is made. This was seconded by Councilwoman Deutsch and so carried. Mr. Taylor stated that the study would be in three phases and would be completed for the Council's final decision in approximately 90 days. C-3 LEASE SITE REPORT BY CITY ADMINISTRATOR Mr. Taylor stated that he viewed the task as being a three phase one. Phase 1 - We need to do a better job of stepped up enforcement of the leases. Staff is recommending the hiring of a property management firm to identify the obligations of both the leaseholder and the City. Phase 2 - Take the necessary steps to insure that the leases are managed on a continuous basis. Phase 3 - Identification and development of policy issues which should be brought to the Council along with alternatives so that the Council can adopt sound, businesslike lease policies for the Embarcadero area. On the recommendation of the county staff, we have been talking to California West, Inc., a property management firm, to do the Phase 1 work. We have an estimate of $3,500 for this work and a guarantee that it will be completed within 60 days. Staff is recommending that Council approve in principle to hire California West to do this work and authorize the Mayor to execute an agreement with California West, Inc. The objectives outlined by California West are (1) organization of lease files; (2) identification of leaseholder obligations; (3) work with the County Assessor's Office to accomplish updating of lease site property; (4) prepara- tion of application forms; (5) preparation of a summary document for Council and Staff; and (6) review all of the applicable city reports related to the Tidelands and their leases. Mayor Dorn stated that straightening out the leases is one of the major goals of this Council and felt that we should commence this job as soon as possible. Mr. Robert Crawford volunteered his services to the City to help on the leases. He is a retired internal auditor of the American Can Company. Mr. Taylor stated that there were no formal bidding procedures utilized on this since staff felt that this Phase 1 work should be completed as soon as possible. If Council decides to proceed with Mr. Crawford's request, it will take more time and this work will be postponed for possibly another 30 days. MOTION: Councilwoman Deutsch moved that this matter be held in abeyance until the next scheduled meeting to allow Mr. Crawford time to review the files. This was seconded by Mayor Dorn and so carried. C-4 APPOINTMENTS TO BE MADE IN 1981 FOR BOARDS AND COMMISSIONS Under. state law, Council is required to post a listing of vacancies which are slated to occur on city boards and commissions during the upcoming calendar year. Mr. Taylor provided Council with a listing that will be posted. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 22, 1980 Page Five Mayor Pro-Tem Lemons mentioned that June Hofstead's position on the Planning Commission expires as of December 31, 1980. Mr. LeSage stated that the Council does have the right to appoint someone to this position since it had been previously posted. MOTION: Councilwoman Deutsch moved that June Hofstead be reappointed to the Planning Commission to serve another four year term. This was seconded by Mayor Dorn and so carried. A-3 REQUEST TO VACATE A PORTION OF SOUTH STREET BETWEEN MONTEREY AND NAPA STREETS. Mayor Pro-Tem Lemons requested that this item now be heard. He asked if this area in question will be affected by the LCP and all of the problems in this. Murrel Crump stated that this is part of the area covered in the LCP. He did not know whether this area will be part of the consideration in the Coastal Plan. It is more subject to circulation element. MOTION: Mayor Pro-Tem Lemons moved that this vacating of a portion of South Street be held in abeyance until after the LCP is accepted. This was seconded by Councilman Anderson and carried unanimously by roll call vote. D. ITEMS OF INDIVIDUAL DETERMINATION AND/OR ACTION D-1 JOINT MEETING REQUESTED BY SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT BOARD Staff has received a request from the School District to hold a joint meeting with the Council to discuss the possibility of renting classrooms to businesses. This would provide additional money for the district and allow them to keep both schools open. Mr. Taylor asked the Council if they would be agreeable to meeting with the School Board sometime during January. There was no objections to this by the Council. D-2 RESPONSE BY THE COUNTY OF SAN LUIS OBISPO REGARDING URBAN RESERVE LINE. The City Administrator had sent a letter to the County requesting them to reconsider the urban reserve line. The County Planning Director has sent a response saying that the City request a County General Plan Amendment. The appropriate time to consider this would be in April, 1981. Mr. Taylor asked for Council's direction on whether or not they wish staff to file any application needed to go before the Board in April. MOTION: Councilwoman Deutsch moved that staff be directed to file all appropriate forms requesting a County General Plan Amendment. This was seconded by Councilman Anderson and so carried. D-3 REQUEST OF RAY GALLO TO ADDRESS THE COUNCIL REGARDING PROPOSED CITY ANNEXATION. Mr. Taylor suggested that this matter be held until Mr. Gallo appears. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 22, 1980 Page Six D-4 LEASE VIOLATIONS - GRAHAM'S LANDING. At the November 24 meeting, this matter was brought before the Council. The final decision was to have the individuals request permission for a new use to their lease. Mr. Taylor stated that this action was followed up with a letter. At this point, we have not heard back from the leaseholders. Staff is recommending that the city attorney send a letter to the leaseholders and advise them to make the proper application. If they do not do this, they are in violation of the lease and appropriate action will be taken. This was concurred to by the Council and the city attorney will send the appropriate letter. D-5 FORMATION OF ADVISORY COMMITTEE FOR CALIFORNIA DEPARTMENT OF WATER RESOURCES WATER MANAGEMENT STUDY. Mr. Taylor stated that in August of this year the City entered into an agree- ment with the Department of Water Resources to conduct the water management investigation in cooperation with the City. Under this agreement, a committee is to be formed to advise the State and the City in the conduct of the investigation and also to disseminate information as it is developed. The member- ship of the advisory committee is to include a broad range of interests including but not limited to agriculture, domestic, commercial and.industrial water users, government agencies, environmentalists, land developers and the general public. Staff is bringing this to Council's attention so official appointments can be made at the January 12, 1981 meeting. D-6 SUPPORT OF SPECIAL LEGISLATION TO FUND COASTAL PRESERVATION PROJECTS. Mr. Taylor stated that Peter Grenell had advised the City that the mood in Sacramento seems to be very positive to submitting special legislation to provide funding for special coastal projects. Mr. Grenell suggested that the City consider supporting legislation which would include this funding. Staff is recommending that a letter be sent to Mr. Grenell and our legislators supporting this legislation. MOTION: Mayor Pro-Tem Lemons moved that staff send a letter to Peter Grenell and our local legislators supporting special legislation to provide funding for special coastal projects. This was seconded by Mayor Dorn and so carried. Mayor Dorn stated that there are Proposition 1 monies available for coastal projects and we could ask our legislator or assemblywoman to initiate this. He felt that citizen input should be obtained on areas within the community that we might want money for special projects. Then we could request a special meeting with Mello and Hallet. Mr. Taylor stated that Mary Sanders has been given the responsibility on this and all suggestions will be given to her. D-7 RESIGNATION OF CITY ENGINEER Mr. Tayl.or stated that he had just received a letter of resignation from George Chrissakis, Cityy Engineer, effective January 31, 1981. He is retiring. Mr. Taylor 60euco mina proved. Council accept Mr. Chrissakis' letter of resignation, which MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 22, 1980 Page Seven D-8 SONIC CABLE TV. Peter Diffley asked what the status is on the Sonic Cable TV matter. Mr. Taylor stated that a meeting has been scheduled for December 29. Sonic has hired a special consultant to help them prove their case of good service in Morro Bay. Staff may have a report for Council at the next meeting. D-9 APPOINTMENT OF ARTHUR P. BAXTER II AS CITY ADMINISTRATOR AND CITY CLERK. Mr. Taylor read a resolution appointing Paul Baxter as city administrator and city clerk for the City of Morro Bay. Mr. Baxter would officially start his duties as of January 5, 1981. MOTION: Mayor Pro-Tem Lemons moved for the adoption of this resolution appointing Arthur P. Baxter II as City Administrator and City Clerk. This was seconded by Councilman Anderson and so carried. D-10 RESOLUTION NO. 108-80, ACCEPTING THE RESIGNATION OF KENT M. TAYLOR AS ACTING CITY ADMINISTRATOR AND CITY CLERK. Bonita Murray read this resolution to the Council and public present. MOTION: Mayor Pro-Tem Lemons moved for the adoption of Resolution No. 108-80. This was seconded by Councilman Anderson and so carried. D-11 GREAT AMERICAN FISH COMPANY AGREEMENT Mr. LeSage stated that the GAFCO Agreement had been -signed after some discussion and minor changes. Each Council member had received a copy of the agreement with the changes highlighted for their information. D-12 YEOMAN LEASE - LEASE SITE 128-133, 128W-133W. Mr. LeSage submitted a Memorandum of Lease he had received from Title Insurance and Trust Co. on the Yeoman Lease. This memorandum does nothing more than notice the lease for recordation. MOTION: Mayor Pro-Tem Lemons moved that the Mayor and City Clerk be authorized to sign a Memorandum of Lease on the Yeoman Lease. This was seconded by Councilman Anderson and carried unanimously by a roll call vote. D-13 BREBES AGREEMENT Mr. LeSage stated that the agreement is signed but there is a change that will be reported back to the Council at the next meeting. MOTION: Mayor Pro-Tem Lemons moved that the meeting be adjourned. This was seconded by Councilman Anderson and so carried. 10 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - December 22, 1980 Page Eight The meeting was adjourned at 9:25 PM. Respectfully submitted, KENT M. TAYLOR, Acting City Clerk by Bonita Murray, Deputy /ity Clerk 4 6 CITY OF MORRO BAY REGULAR MEETING - DECEMBER 8, 1980 RECREATION HALL, 7:30 PM Call to Order Pledge of Allegiance - Horace Strong Invocation - Reverand Bob Whaley, Calvary Baptist Church A. CONSENT CALENDAR (RECOMMEND APPROVAL) A-1 Planning Commission Resolution No. 31-80, Determination of Permitted Accessory Use in the C-1 Zone. A-2 Award of Bid No. 21-80, "Two -Way Mobile Radio" to Motorola, Inc., Bakersfield. A-3 Approval of Written Contract Agreement for Morro Bay Chamber of Commerce to Perform Community Promotion Activities for 1980/81. Bid was awarded at October 27, 1980 Council Meeting. A-4 Approval of Minutes for October 27, 30, November 6, 10, M& Executive Session Minutes of October 27, November 6, 10, 24. A-5 Request by Victor Mack for Refund on Building Permits 19616 and 19456 in the Amount of $549.25. B. UNFINISHED BUSINESS B-1 Ordinance No. 190, An Ordinance.Amending Chapter 9.16 of Title 9 of the Morro Bay Municipal Code. C. NEW BUSINESS C-1 Local Coastal Plan Consulting Services/Status Report. D. PUBLIC HEARINGS, APPEARANCES AND REPORTS D-1 Petition Against Cat Trappings. E. ITEMS OF 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 8, 1980 Recreation Hall, 7:30 PM The meeting was called to order by Mayor Warren M. Dorn at 7:30 PM. The pledge of allegiance was led by Al Olson, Police Chief, and the invocation was given by Reverance Bob Whaley of Calvary Baptist Church. ROLL CALL PRESENT: Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman ABSENT: Rodger Anderson, Councilman STAFF: Kent M. Taylor, Acting City Administrator Michael T. LeSage, City Attorney John Bressan, Director of Public Services Murrel Crump, Community Development Director Ann McKibbin, Administrative Assistant Al Olson, Police Chief Bonita Murray, Deputy City Clerk A. CONSENT CALENDAR A-1 Planning Commission Resolution No. 31-80, Determination of Permitted Accessory Use in the C-1 Zone. A-2 Award of Bid No. 21-80, "Two -Way Mobile Radio" to Motorola, Inc., Bakersfield. A-3 Approval of Written Contract Agreement for Morro Bay Chamber of Commerce to Perform Community Promotion Activities for 1980/81. Bid was awarded at October 27, 1980 Council Meeting. A-4 Approval of Minutes for October 27, 30, November 6, 10, Executive Session Minutes of October 27, November 6, 10, 24. A-5 Request by Victor Mack for Refund on Building Permits 19616 and 19456 in the Amount of $549.25. Kent Taylor, Acting City Administrator, read the Consent Calendar items to the Council and the public present. Mayor Pro-Tem Lemons stated that he would abstain from voting on Item A-3.; Item A-1. Mayor Pro-Tem Lemons asked if this was for a general application or for a specific parcel. Mr. Taylor stated that this would apply to anyone else in the same general situation. Item A-5. Councilwoman Deutsch asked if this amount was the full amount of the permits or if deductions had been made for services conducted. Mr. Taylor stated that the amount was for the amount wherein work had not been done, i.e., plan checks, etc. • 1 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 8, 1980 Page Two MOTION: Councilwoman Deutsch moved for the approval of the Consent Calendar. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. (Mayor Pro-Tem Lemons did abstain on Item A-3.) B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 190, AN ORDINANCE AMENDING CHAPTER 9.16 OF TITLE 9 OF THE MORRO,BAY MUNICIPAL CODE. Mr. Taylor stated that this ordinance prohibits the unauthorized firing of firearms within the City limits. This is for second reading. The only change in this reading was that the permission be granted for a permit from the Police Chief rather than the City Council. MOTION: Councilwoman,_Ward 'moved that Ordinance No. 190 be read by title only. This was seconded by Mayor Dorn and carried unanimously by roll call vote. Kent Taylor read Ordinance No. 190 by title only - "An Ordinance Amending Chapter 9.16 of Title 9 of the Morro Bay Municipal Code." MOTION: Councilwoman Deutsch moved for the adoption of Ordinance No. 190 and that this constitutes the second reading. This was seconded by Mayor Dorn and carried unanimously by roll call vote. C. NEW BUSINESS C-1 LOCAL COASTAL PLAN CONSULTING SERVICES/STATUS REPORT. Mr. Taylor stated that we are in the final stages of completing the land use map documents. Our coastal planner, Joe O'Hagan, has resigned and in order to complete the work and begin the Phase 3 Work Program, staff is submitting a recommendation to hire M. R. Enterprises on a consulting basis to assist with the completion of the LCP. The work has been divided into two categories: (1) preparing the basic work program - $700; (2) preparation of the housing element - $1,799. Mr. Taylor stressed that this is work that has already been approved by the Council and would have been done by Joe O'Hagan. Murrel Crump, Community Development Director, stated that the LCP has two distinct parts. The Land Use Plan has various components, 13 of which the City of Morro Bay must address. The other part of the LCP is the implementing ordinances and codes. There was a lengthy discussion on the plan. Mayor Pro-Tem Lemons asked what will happen if Morro Bay doesn't get their Coastal Plan done until after July 1? Murrel Crump stated that approval would then be granted by the State since the Regional Coastal Commission will not -be in existence after July 1. However, the State may decide to have the local commissions continue if a lot of the cities do not have their plans completed. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 8, 1980 Page Three Michael LeSage stated that the sooner the plan is completed and approved, the City will get a return of local control. MOTION: Mayor Pro-Tem Lemons moved that Council approve entering into an Agreement with M. R. Enterprises to assist the City in completing the Local Coastal Plan and that the amount not exceed $2,499. This was seconded by Mayor Dorn and carried unanimously by roll call vote. D. PUBLIC HEARINGS, APPEARANCES AND REPORTS D-1 PETITION AGAINST CAT TRAPPINGS. Mr. Taylor stated that a petition has been submitted to the City against cat trapping. The County will loan traps for catching stray, wild and nuisance cats in the neighborhoods. The Animal Control Department requires the people who use these traps to turn any animals over to their department. Mrs. Swiderski stated that an individual was trapping cats in her neighborhood and taking them out of the City and abandoning them. Her request is to consider making a law in the City to prohibit trapping of cats. Mr. Taylor stated that he had discussed this with Al Olson, Police Chief, and Mr. Dollahite, Animal Regulations Department. State law recognizes that a dog is something you can own, but a cat cannot be owned since they are considered a "free spirit." Mr. Taylor stated that he could not recommend a new ordinance or program that disallows cat trapping as the City does not have funds available to enforce such a program. He felt this is an emotional issue and one not easily resolved. Al Olson, Police Chief, stated that his department is faced with a determination that cats are not property that can be owned. There are current laws for grand theft dogs, but nothing for cats. There is a major problem enforcing them. Mrs. Anita Swiderski presented a petition against a particular individual in her neighborhood who has been trapping cats. This individual has allegedly been baiting his traps with fish and then disposing of the animals in a questionable manner. Since collecting signatures, she has been informed that several individuals have tried to prevent this same individual from trapping cats. This is a widespread problem in Morro Bay. Most concerned citizens call Animal Regulations to learn there is no enforcement to see if the individuals who do trap animals turn them in to their department. Mrs. Swiderski felt it was unfair to lure animals to traps which wouldn't normally be attracted to that particular yard. Mr. Dollahite, Animal Regulation Department, stated that cat trapping is a problem throughout the County, and felt there is two sides to this issue. Cat trapping is a necessity, especially in Morro Bay since it is a bird sanctuary. The main reason for cat trapping is bites. People have a tendency to feed wild cats who eventually may bite an individual. If the cat cannot be located, the individual must go througha series of rabies shots. This falls under State law,. Nuisance cats are another problem, especially around children. When MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 8, 1980 Page Four cats start using one particular area for defecation, the smell draws other cats. Mr. Dollahite stated that Penal Code 597 makes it a felony to abandon cats. However, enforcement of this is very costly. His department does supply traps to individuals for a five day period. According to State and County laws, all animals trapped must be turned over to the Animal Regulation Department within 24 hours. The owners of any dog turned in to his department is cited and/or charged an impounding fee. Since cats aren't private property, an impounding fee cannot be charged. A cat owner can only be charged for board. Cats are only held for 72 hours in accordance with California State law. For licensed dogs, the holding period is longer. If a cat has identification when turned in, it is immediately returned to the owner. In the City of Morro Bay there are five full time cat trappers. Three of these individuals turn cats in daily. Since Morro Bay contracts with the County Animal Regulations for all animal control, Al Olson asked what effect it would have on our contract if the City Council passed an ordinance to prohibit cat trapping? Mr. Dollahite stated that such an ordinance would have to be approved by the City Council and the Board of Supervisors. All cities in the County must have compatible laws. One City can't go off on their own as it would create enforcement problems. An individual from the audience suggested that anyone trapping cats place a sign stated they do this. There was a lengthy discussion on this matter. Mayor Pro-Tem Lemons felt this is a problem in Morro Bay due basically to four to six people who trap cats.- Passing an ordinance to prohibit the trappings would be like passing a gun control law that criminals will ignore anyway. He suggested a neighborhood watch program similar to the one used by schools. MOTION: Councilwoman Deutschmovethat a committee consisting of the city admin- istrator, city attorney and police chief review this problem and report back to the Council. This was seconded by.Councilwoman Ward and carried unanimously by a roll call vote. There was a brief recess called by Mayor Dorn. The meeting was recessed at 9:00 PM and reconvened at 9:10 PM. E. ITEMS OF INDIVIDUAL DETERMINATION AND/OR ACTION E-1 RECONSTRUCTION OF WASTEWATER GRANTS FOR THE CITY OF MORRO BAY. At the last budget workshop Council indicated a strong concern to have the records "cleaned up" on the Wastewater Treatment Grant in case the City were MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 8, 1980 Page Five ever audited. The records need to be in an auditable state or else the City may be forced to pay money back on the plant construction. Staff has requested a proposal from an auditing firm, Knight, Towle, Sage and Johnson. They have submitted a proposal of $7,000 - $8,000. The specific items that would be accomplished are: (1) examination of the City's wastewater grants; (2) testing the related expenditures and receipts for compliance to grant requirements (3) work with city personnel to develop an accounting system to accumulate costs on the grants and reconcile the detailed accounting records to the City's general ledger system for issuance and report to the city showing the status of the wastewater grants and giving recommendations for future accounting. Mr. Taylor recommended that Council approve in principle the entering into a contract with Knight, Towle, Sage & Johnson for an amount not to exceed $8,000 and authorize the City Administrator to execute this agreement. Councilwoman Deutsch wondered how many of our grants needed to be reconstructed and if it was wise to do it piecemeal or if the City should hire someone who has this ability. She also wondered if we were approaching the right firm or if this was a job for a grantsman? Mr. Taylor felt an auditing firm is needed and this particular firm has the needed experience with this grant. He also felt that staff was worried about this particular grant and it is a necessity. Mayor Dorn asked if a bid or quote was received from Alexander Grant? No bid had been received by them. Tom McGonagill stated that the City is completing the Phase II portion of the grant. Most of the expnditures to this point have been for contractual services and some consulting. The problem is when the City goes into Phase III of the Construction Grant. You then must keep track of the contractors, costs, inventories, equipment supplies, tagging, identifying, etc. This is when you can get into trouble. He felt it was imperative that something be done on this grant quickly. Mayor Dorn asked Mr. McGonagill what other grants needed to be straightened out. Mr. McGonagill stated that the UMTA Grant, Del Mar Park Grant, Police Services Contract for the Youth, etc. may need staff's attention. MOTION: Councilwoman Deutsch moved that staff ask Knight, Towle, Sage & Johnson for a set price, talk to Cambria Community Services District on their experience with Knight, Towle, Sage & Johnson and obtain a bid from Alexander Grant. This was seconded by Mayor Dorn and so carried. E-2 REPAIR OF MOTOR AT WASTEWATER TREATMENT PLANT. Mr. Taylor stated that the Public Services Department advised his office last week that the sludge recirculation pump was failing and needed to be replaced. We have issued the purchase order to replace this pump, and funds will need to be transferred from the Contingency Fund. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 8, 1980 Page Six Mayor Pro-Tem Lemons asked if this expenditure would be grant refundable. Mr. Taylor stated that it would not be refundable since this falls under the "caretaker" job. E-3 STATUS REPORT ON YEOMAN LEASE. Mr. Taylor stated that Production Credit Association has decided that they do not need a Trust Deed on this matter. E-4 GRANT APPLICATION - BIKE PATHS Mr. Taylor stated that Cal Trans has money available for bike paths on a 90% reimbursement basis. The deadline for applying is today, but the City will get more time in which to submit the grant. Staff would like authorization to submit the application to Cal Trans to seeif we qualify for money on construction of a bike path. The main area discussed for such a project is Main Street to the high school. Councilwoman Deutsch felt this would be a great advantage for the children going to school. John Bressan stated that the bike path is designed to start from Surf Street, which is basically at the top of the hill, down to the point where you go under the underpass. There is then a question as to the route to take based upon the right -a -way from P.G.&E. or Cal Trans to parallel the freeway. The City may have to pay for either one or the other. The funds avialable amount to 90 percent to the State bike program and it is 10 percent matching grant. It is estimated roughtly that the job will be a minimum of $100,000 because there is a bridge required that will run the cost up. The material used will be concrete. Since the amount of this would exceed the amount available, SB325 money would be available in addition. MOTION: Mayor Pro-Tem Lemons moved that staff apply for grant funds from Cal Trans to enable the City to construct a bike path. This was seconded by Councilwoman Ward and so carried. E-5 GOLF COURSE AND MARINA John Bressan needs Council's authorization for staff to send a letter stating the City is interested in the concept of managing the golf course and marina. Jim Qualye of the State Parks and Recreation Department stated he was surprised that we even had an interest init.since they didn't have a formal letter of interest. The State would like to have a new contractor by June. Mr. Bressan stated that he was preparing a report on his meeting with Qualye. He requested that staff be authorized to proceed with a preliminary survey on what the existing services are and what the cost of exchange and/or cost of maintenance over the period of operation. This would allow the City to make an intelligent decision on this matter. The marina has currently 80 slips. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 8, 1980 Page Seven MOTION: Councilwoman Ward moved that we accept staff's recommendation to request to look further into running the Marina and to reaffirm the position and operation agreement for the golf course and the sandspit. This was seconded by Mayor Pro-Tem Lemons and so carried. E-6 WATER MORATORIUM IMPOSED BY THE COASTAL COMMISSION Mayor Dorn read the mandate issued by the Coastal Commission when imposing the building moratorium on the City of Morro Bay on December 14, 1977. In order to get this whole thing in perspective, he suggested that the City Attorney write a letter to the Commission stating that we do have an adequate water supply for building and that there is no reason for this moratorium. Mr. Taylor felt that in terms of the water report being completed by Brown and Caldwell, it might be best to wait until the final report has been submitted before confronting the Coastal Commission. This might be premature until the final water management report is received. Mayor Pro-Tem Lemons agreed .to this logic. However, Mayor Dorn still felt very strongly that the City does have plenty of water and the moratorium should be lifted. The Council requested Mike LeSage to write a letter to the Commission on this matter. E-7 GAINES SUIT - CHAMBER OF COMMERCE Mr. LeSage stated that the judge overruled the demurer in the Gaines case. Basically the judge is pointing out that it is doubtful that the amount.spent - five percent - limitation is invalid. That the restriction to the five percent is valid on Measure A. The complaint is based primarily on whether or not the City complied with the procedures. This issue may have to go on to trial before it is resolved. MOTION: Since there was no further business, Mayor Pro-Tem Lemons moved that the meeting be adjourned to executive session following which the meeting will be adjourned to Friday, December 12, 1980. This was seconded by Councilwoman Ward and so carried. The meeting was adjourned into executive session at 10:05 PM. The meeting was reconvened and adjourned at 10:25 PM. Respectfully submitted, KENT M. TAYLOR, Acting City Clerk by Bonita Murray, Deputy City Clerk i AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING, NOVEMBER 24, 1980 • RECREATION HALL, 7:30 PM 11 • Call to, Order Pledge of Allegiance - Horace Strong Invocation - Reverand Del Blanks (Christian Life Center) A. CONSENT CALENDAR A-1 Award of Bid to Lewis Painting to paint Vet's Hall, Recreation Hall, Public Services Office, Dial -A -Ride Building and City Hall. A-2 Assignment of -Lease Site 73 and 73W to Dale C. Mitchell and Katherine Kruger Mitchell. A-3 Expenditure Report for October, 1980. A-4 Request of Dale C. Mitchell and Katherine Kruger Mitchell to have permitted use of Lease Site 73 and 73W changed. B. UNFINISHED BUSINESS B-1 Ordinance No. 190, An Ordinance Amending Chapter 9.16 of Title 9 of the Morro Bay Municipal Code. Second Reading. C. PUBLIC HEARINGS, APPEARANCES AND REPORTS C-1 Sonic Cable TV Rate Increase. C-2 Gladys Walton Request for Council Reconsideration of Parking Requirements at 206 Main Street. C-3 Finicky Fish - deGarimore - Lease Site 128. C-4 Graham's Landing - Hutchison and Lindquist - Lease Sites 93, 94, 95, 93w, 94W and 95W. C-5 Report by City Administrator Concerning Administration of Lease Sites. D. ITEMS OF INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 24, 1980 • RECREATION HALL, 7:30 PM Mayor Warren M. Dorn called the meeting to order at 7:30 PM. Horace Strong of the American Legion led the pledge of allegiance and Reverand Del Blanks of the Christian Life Center gave the invocation. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman ABSENT: None STAFF: Kent M. Taylor, Acting City Administrator Michael T. LeSage, City Attorney John Bressan, Director of Public Works Murrel Crump, Community Development Director Bill George, Building Inspector Ann McKibbin, Administrative Assistant Al Olson, Police Chief Bonita Murray, Deputy City Clerk A CONSENT CALENDAR A-1 Award of Bid to Lewis Painting to paint Vet's Hall, Recreation Hall, Public Services Office, Dial -A -Ride Building and City Hall. A-2 Assignment of Lease Site 73 and 73W to Dale C. Mitchell and Katherine Kruger Mitchell. A-3 Expenditure Report for October, 1980., A-4 Request of Dale C. Mitchell and Katherine Kruger Mitchell to have permitted use of Lease Site 7.3 and 73W changed. Kent Taylor, Acting City Administrator, read the consent calendar to the Council and the members of the public present. Mr. Taylor stated that there was one correction in the material for permitted lease uses of lease sites 73 and 73W. The permitted uses should include candle shop, retail gift sales, and rental of boat slips. MOTION: Councilwoman Deutsch moved that the Consent Calendar be approved. This was seconded by Councilman Anderson and so carried. B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 190, AN ORDINANCE AMENDING CHAPTER 9.16 OF TITLE 9 OF THE MORRO BAY MUNICIPAL CODE. Second Reading. Kent Taylor stated that this ordinance had been amended at the last meeting • to allow private individuals to use a bow and arrow in the privacy of their own backyards without violating this ordinance. This is now for second reading. • 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 24, 1980 Page Two Mayor Pro-Tem Lemons asked if the written permission for obtaining permission to shoot or discharge any pistol, revolver, gun or any firearm of any description not in necessary self defense or in the performance of official duty should be from the Police Chief rather than the City Council. Al Olson, Police Chief, felt that he would like the matter researched, developed and cleared through the Police Department rather than the City Council. Michael LeSage, City Attorney, stated that this ordinance could be amended to reflect that written permission be obtained from the Police Chief. Mayor Dorn asked if this ordinance involved wildlife, birds, etc. He had received a letter from Sandoval who asked that this matter be researched. Al Olson stated that there is an ordinance in the municipal code which proclaims Morro Bay as a bird sanctuary. Mike LeSage stated that this section of the ordinance could be changed to allow for protection of the birds in Morro Bay. MOTION: Mayor Pro-Tem Lemons moved that Ordinance 190, Section 9.16.020 be changed to reflect that written permission be obtained from the Police Chief rather than the City Council. This was seconded by Councilman Anderson and so carried. MOTION: Mayor Pro-Tem Lemons moved that Ordinance 190 as amended be read by title only and that this constitutes the first reading. This was seconded by Councilman Anderson and carried unanimously by a roll • call vote. Kent Taylor read Ordinance No. 190 by title only - "An Ordinance Amending Chapter 9.16 of Title 9 of the Morro Bay Municipal Code." C. PUBLIC HEARINGS, APPEARANCES AND REPORTS C-1 SONIC CABLE TV RATE INCREASE. Kent Taylor stated that this matter is before the Council for a public hearing. The alternatives available to the Council are (1) to enter into an interim rate increase with Sonic Cable TV while our rate study is being completed; (2) llow Sonic Cable TV to deregulate as provided by AB 699 legislation; (3) enter into a long term agreement with Sonic Cable TV allowing them a negotiated rate increase; or (4) file suit against Sonic Cable TV with the intention of preventing the company from increasing its rates without Council approval. Mr. Taylor stated that he and Michael LeSage had met prior to the meeting with representatives of Sonic Cable TV. The company is not willing to enter into an interim rate increase with this city on the same basis as other cities in the County. Mr. Taylor felt that the options now available to the City are to (1) file suit against Sonic Cable TV or (2) allow Sonic Cable TV to deregulate and set their own rates.. Councilman Anderson asked if the City didn't have a right at the end of the rate study to negotiate a new contract if we did not press for deregulation. • Mr. Raylor stated that the Cable TV company has agreed to cooperate only with those cities who have agreed to an interim rate study. Therefore, the money allocated by the Council to enter into a rate study will not be used for this purpose. Michael LeSage stated that the franchise agreement does allow the City to examine their books and records. This may be another option. • 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 24, 1980 Page Three Michael LeSage felt that Councilwoman Ward may have a conflict of interest since she does own and operate a motel. Councilwoman Ward did.not agree but would not take part in the proceedings. Mayor Pro-Tem Lemons stated that if Sonic was allowed to deregulate, that would mean they could charge 75 percent of whatever the consumer price index was. In a sense, he felt that this would regulate them to some extent. Michael LeSage stated that some cities have allowed the cable companies to deregulate but demand all the information each year to establish the cable company meets the criteria. The deregulation statute has a lot of commitments to it that must be met. Councilman Anderson asked what.the approximate expenses would be if the City did decide to file suit against Sonic Cable TV? Michael LeSage stated that the issue is so important statewide that it will be a test case, which requires a lot of money. Mr. LeSage mentioned that one of the weakest points with the AB 699 is that it allows a change to occur in an existing agreement. Kent Taylor stated that Council might wish to have Michael LeSage contact some specialized legal service in this area to get an idea of the legal costs that would be involved and a comment on our legal position. Mr. LeSage felt that some time is needed to thoroughly review the current franchise agreement as staff does have some questions regarding it. • Councilwoman Deutsch thought that the Council had decided at the October 30 meeting to take Sonic Cable TV to court. The matter had been postponed in order to have this public hearing. Mr. Taylor stated that the Council can go ahead and proceed with the suit or they could wait and request additional information from staff, i.e., legal fees, etc. A member of the public felt that the citizens were over a barrel. They didn't like the idea of older people in the City who are living on fixed incomes not being able to afford this increase. They also asked for a reason on the rate increase. Mayor Dorn stated that the company claimed they were losing money each month and had to borrow money. Mr. LeSage stated that.this is strictly a policy issue. The Council can (1) Proceed with the suit, (2) let the company deregulate, or (3) agree to an increase over a four year term. Mayor Dorn stated that he would rather see the City join with another city to share costs of a legal suit and/or rate study, which he felt should be pursued. Mayor Pro-Tem Lemons felt that representatives of Sonic and staff should negotiate for a long term contract, which would allow us to answer the question, what is a fair rate, etc.? Mr. Taylor stated that the.:company would be willing to set a long term rate increase. • Howard Gaines suggested that a letter be sent to the Attorney General's Office to ascertain the power of .the Council in this matter to set a rate increase. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 24, 1980 Page Four MOTION: Mayor Pro-Tem Lemons moved that we instruct staff to attempt to begin negotiations with Sonic Cable TV for a long term agreement with a negotiated rate increase. If this solution fails, then he moved that staff return for further Council action. This was seconded by Councilman Anderson. On a roll call vote: Anderson, yes; Deutsch, no; Dorn, no; Lemons, yes; Ward, no. Councilwoman Deutsch again stated her view that the Council had voted at a previous meeting to pursue legal action against Sonic Cable TV and the matter had been postponed until this public hearing. Mr. LeSage restated his belief that Councilwoman ward not vote in case this matter did go to court. MOTION: Councilwoman Deutsch moved that staff write Sonic Cable TV a letter stating we would like to continue our negotiations toward a settle- ment of the matter based upon a study of their records. Council should make a decision based upon the response of Sonic Cable TV to our attempts to negotiate. This was seconded.by Mayor Dorn. On a roll call vote: Anderson, yes; Deutsch, yes; Dorn, yes; Lemons, yes; Ward, abstain. C-2 GLADYS WALTON REQUEST FOR COUNCIL RECONSIDERATION OF PARKING REQUIREMENTS • AT 206 MAIN STREET ' Mr. Taylor stated that Mrs. Walton would like some wording changes in the covenant that was approved by the Council. Mrs. Walton would like to make a presentation to the Council as to the reasons why she would like these changes to be made. In order to comply with the City's municipal code, it is necessary for the property owner to execute the declaration of covenant, which dedicates the five parking spaces on 206 Main Street as the parking area for individuals visiting 225 Main Street. Mrs. Walton stated that an added section was put in the covenant following the last meeting when this was approved. Her children claim that the said parking spaces shall be provided at the exclusive use of the property at 225 Main Street and they would like to have added 206 Main Street. She stated that when the moratorium is lifted, she would like to apply for a permit to build a caretakers cottage on 206 Main Street. Michael LeSage stated that the covenant can be amended to read that the parking spaces at 206 Main Street shall be provided for the use of the property at 225 Main Street and 206 Main Street. However, he would like another sentence added stating "not less than five spaces will be made available for parking for the exclusive use of 225 Main Street." MOTION: Councilwoman Deutsch moved that the Declaration of Covenant be amended as stated by Michael LeSage and that Gladys Walton and her children • sign the covenant as agreed. This was seconded by Mayor Dorn and so carried. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 24, 1980 Page Five • C-3 FINICKY FISH - DeGARIMORE - LEASE SITE NO. 128. Mr. Taylor stated that the deGarimore's have requested reconsideration by the City Council of the percentage of sales required by the lease agreement. They question the ability of a fish market to operate in an economical and sensible way on a City lease site if such a percentage is required. Mr. Taylor stated that staff has met with the deGarimore's and their attorney, Mr. Sinsheimer, and they have agreed that the terms of their contract continue in effect until such time as the study of both the City's lease policy and the current status of all city leases is completed. The study should be completed within the next three to four months. Staff will present Council at the December 22 meeting with specific recommenda- tions to correct administrative deficiencies on the leases. Mr. LeSage stated that there is a discrepancy between the County and City lease agreements which makes it difficult to compete on the waterfront. He stated that the Council will try to reappraise the leases when there is a change of ownership, etc. This would make the County leases in compliance with the City leases. C-4 GRAHAM'S LANDING - HUTCHISON AND LINDQUIST - LEASE SITES 93, 94, 95, 93W, 94W AND 95W Rodger Anderson excused himself from this portion of the meeting due to a conflict • of interest. Keith George, attorney for Graham's Landing, circulated pictures of the operation that is in existence at the present time at Graham's Landing. This particular issue was not brought to his client's attention until September of this year. It was the city's belief that they were in violation of their lease: (1) sale of beer and wine; (2) delicatessen was in operation; (3) sale of antiques. They were asked to stop the lease or apply for a modification of the lease. They have a county lease, and the rent is based on a percentage of assessed value and not on gross. The permitted uses include floats, boat rentals, boat repairs, boat buildings, party boats, taxi service, cafe and boat launching facilities. In 1970 the lease was changed to include gift shop. It is the opinion of his client that there could be several interpretations of the documentation. They were not in violation of the lease. They had taken over the operation in 1979, ad always pay the rent. They took the existing tackle shop and moved it into approximately 1/3 of the square.footage. A partition was put between the tackle shop and then in the front 2/3 of the building we put a cafe. His client's only intention was to upgrade the facility. They are trying to make it into a year round operation. In December, 1979, they applied to the ABC to get an off premises license to sell beer and wine to be used on the party boats. They also started proceedings to get an on -location license to sell .it on land. Some of the pertinent facts here - we acquired the off -sale license, the county health officer passed inspection, and Bill George inspected the premises in August. Bill George stated they did not obtain the required building permits. He wrote a letter indicating .these violations, which they deny receiving. • Keith George stated that the definition of a cafe according to Webster's dictionary is a formal restaurant that sells alcoholic beverages. He stated that the permit allows an operation of a cafe and party boats, which would include the sale of alcoholic beverages. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 24, 1980 • Page Six Mike LeSage stated that this is one case of the delicatessen being another cafe. He stated that when the lease says cafe - that means one cafe - not two or more. The beer and wine sales on the premises is a new one. There is nothing in the lease that states this can be on.the premises. Councilwoman Deutsch asked if they couldn't apply for the change in their lease to allow the uses. Mike LeSage stated that 'they do not want to apply and make an admission that these are not permitted uses. This would be detrimental to their legal position. Michael LeSage stated that the opportunity exists when a major change occurs for the city to convert the county lease to a city lease. Keith George felt that the lease should not be changed since the sale of the property is enhanced by a county lease and it is figured into the purchase price of the property. Mr. LeSage stated that the Council is faced with a unilateral change. It is an opportunity to insist on a city lease. He didn't feel that anywhere in the lease that the sale of beer and wine is a permitted use. It is a major change in the lease. There was a lengthy discussion on this matter whereby both sides kept restating their positions. Mayor Pro-Tem Lemons asked if Council were to require that they request that they • include the sale of beer and wine and other changes, this would not preclude us to continue this operation until a period of time when that could be ascertained. Mr. LeSage.stated that council has the.option of making a decision tonight or waiting until the uses are determined by the Planning Commission for a waterfront use. Mr. Hutchison stated that the on -sale or off -sale license for beer and wine sales can be used interchangeably according to the law. This was just approved. Mayor Pro-Tem Lemons stated that he would have to agree with the city attorney inthat the use is not covered in the lease. However, that is not to say that he wouldn't agree to it being a use but thought it was incumbant on the lessees to request that from the Planning Commission since they are in a PD zone. MOTION: Councilwoman Deutsch moved that we advise Graham's Landing to either cease the activities that are not permitted in their lease or request a change in the lease uses. This motion died for a lack of a second. Keith George still maintained that the uses were permitted as stated under the.lease. MOTION: Mayor Pro-Tem Lemons moved that staff be directed to assist Keith George and his clients to start the necessary PD process and whatever permits are necessary in a timely manner. There is no intent to shut down the present operation of Graham's Landing while this process is • going on or to prejudice this case. If this is not done, staff was requested to bring this back to Council. This was seconded by Councilwoman Ward. On a roll call vote: Lemons - yes; Deutsch - yes; Ward - yes; Dorn - no. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 24, 1980 Page Seven C-5 REPORT BY CITY ADMINISTRATOR CONCERNING ADMINISTRATION OF,LEASESITES. Kent Taylor stated that staff would like to come back to Council with recommenda- tions to clean up this problem of the leases. We are planning to bring a specific list of recommendations to the Council'on December 22. We do need a set of procedures, a recordkeeping system and we have inadequate staff at the moment. He stated that it wouldn't be cost proficient to the City to have an audit on each lease site. Staff will be meeting with a property management firm this week to see how they could help to solve the problem. We have also talked to the County Assessor, Dick Frank, and he stated that his office will devote complete cooperation to the City to clean up staff communication problems there. The final determination is going to be staffing - either temporary or permanent. Mr. Taylor felt this is typically a public works function and this is the area it should be assigned. The overall recommendation would be to return to the Council on December 22 for a long term soluton to correct these management problems. MOTION: Councilwoman Deutsch moved that Council support the City Administrator and allow him to come back to Council on December 22 with a list of recommendations to solve our current lease situation. This was • seconded by Mayor Dorn and so carried. Howard Gaines stated that the City should be moving in the Prop. 13 direction. Michael LeSage stated that when talking to Dick Frank, the County Assessor, he mentioned that he would like to be appraised of those sites that change, etc. We will also develop a procedure for providing the tax assessor's office with any changes, etc. D. ITEMS OF INDIVIDUAL DETERMINATION AND/OR ACTION D-1 TOXIC WASTE ORDINANCE Mr. Taylor stated that the Planning Commission at its September 2 meeting made a motion to ask the Council's guidance on a toxic waste ordinance. If'the Council feels they would like to have such an ordinance, the Planning Commission will proceed to draft one. Mr. Taylor's only concern was that staff time not be taken away from the Local Coastal Plan to complete this work. Bill George stated that this matter was brought before the Planning Commission when Chevron applied for a use permit to use their pipelines to carry toxic waste material. Even though Chevron did withdraw their request, the Planning Commission denied it. He felt this was not a high priority matter but they did want to bring it up to the Council. This matter was left as discussed with no action being taken at this time. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 24, 1980 • Page Eight D-2 MYERS-SITES MATTER Kent Taylor stated that we have received a communication from Michael LeSage on this matter. Mr. and Mrs. Sites, who sublease from Myers, owe the City $10,046.44 in lease payments. The question is whether it be a lump sum payment or distributed over a few months. Staff is recommending that this amount be paid in a lump sum since it is back due. MOTION: Councilwoman Deutsch moved that the Sites be required to make a lump sum payment to the City for the back rent due in the amount of $10,046.44. This was seconded by Councilwoman ward and so carried. D-3 WATER EQUIVALENCY QUESTION Councilwoman Deutsch excused herself from this portion of the meeting due to a conflict of interest. Mr. Taylor stated that Ray Gallo had made a request for his cleints to discuss the water equivalency question. The property is in escrow and Council's direction is required on this matter. Mr. Gallo's clients are developers of the Stocking property. Mr. Gallo is requesting an appeal before the Council to speak on the staff equivalency as originally granted. • Bill George stated that Council had passed Municipal Code 13.20.080 which states that water equivalencies are non -transferable. At this time, the individual is selling the project. Normally the procedure would be fore the new buyer to reapply for a building permit and an allocation of the water. Ray Gallo stated that all they are asking is that the project be sold with the water. It really has no significance if the developer or a buyer does the same developing. The new buyer would have the option to reject the whole project and go with a new project wherein he would have to reapply for the building permits and water equivalency. He felt that the equivalency follows the project so that there is -no way he isgoing to gain by doing this. Michael LeSage stated that the Council had the two ordinances before them - the old one and the current one. The old one was a little bit looser in its prohibition and said that the water equivalency permits are not transferrable. The new section states that a water equivalency shall be awarded to a specific project. You have the same property but a different person. The obvious meaning is that you can't transfer this water equivalency to another person on another sale. But, it does go along with it. Bill George stated that Keith Gurnee's intent was to keep someone from going on a project and selling it out to a developer. A water equivalency is not issued until the building permit is given. In this case, the building permit has not been granted. • Mr. Gallo stated that in this case where the estate has substantial taxes and the widow is not in a position to develop the property, it cries for a sale. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 24, 1980 Page Nine • If the Council prohibits this sale, the widow will be forced to develop the property at a great hardship. He further stated that the water equivalency had been approved by the State Water Resources Board, City Council, Planning Department and Coastal Commission. MOTION: Councilwoman Ward moved that the water equivalency on this particular property be allowed to be transferred with the sale of the property provided that the project remain the same. This was seconded by Mayor Dorn. On a roll call vote: Ward, yes; Dorn, yes; Anderson, yes; Lemons, yes. Mayor Pro-Tem Lemons asked staff to prepare an amendment that will clarify this particular question on water equivalency. D-4 SENIOR CITIZENS VAN Mayor Pro-Tem Lemons stated that he has received a number of phone calls regarding the Senior Van. This van is being utilized on the days when it is scheduled to go to San Luis Obispo for doctors appointments, shopping, etc. On occasion, the scheduled trip has been cancelled because the Dial -A -Ride buses are inoperative. This has been the practice in the past. He asked if staff couldn't represent a report on this problem at the next meeting. • John Bressan stated that he has instituted a plan into operation regarding the senior van, which he felt the Council should be aware of. A set of guidelines have been set. (1) If there is medical appointment scheduled in San Luis Obispo on the appropriate day (Monday or Thursday), the Senior Van goes to San Luis Obispo without question. (2) If there is a scheduled shopping trip only to San Luis Obispo, if one Dial -A -Ride bus is out of service and it is felt that the van is needed to supplement the Dial -A -Ride system, then the trip to San Luis Obispo will be cancelled provided it is not the second time it is cancelled in a row. If it is.the second time, then the requirements are that two Dia-A-Ride buses must be out of service. He felt that this would be a good balance and allow the seniors to make their doctors appointments. Councilwoman Deutsch felt that since the Senior Van is used whenever a Dial -A -Ride bus is inoperative, then a Dial -A -Ride Bus should be made available whenever the Senior Van is inoperative on the days scheduled to make the trip to San Luis Obispo. John Bressan stated that according to the SB325 funding, the Dial -A -Ride buses are for use onlywithinthe City limits, not to San Luis Obispo. He also didn't feel that the Senior Van should be used only for six hours a week on the two trips to San Luis Obispo. This isn't the best utilization of a vehicle. The mechanics employed by Public Works do keep the vehicles in top running condition and they*are checked before each trip. Councilwoman Deutsch felt that the plan worked out by John Bressan was a good one. • MOTION: Mayor Pro-Tem Lemons moved that the meeting be adjourned to executive session on applications for the City Administrator's position, and MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 24, 1980 Page Ten • adjourn the meeting following this executive session. This was seconded by Councilman Anderson and so carried. The meeting was adjourned into executive session at 11:15 PM. The meeting was reconvened at 11:40 PM for adjournment. Respectfully submitted, KENT M. TAYLOR, Acting City Clerk by Bonita Murray, Deputy ity Clerk • CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING, November 10, 1980 Recreation Hall, 7:30 PM Call to Order Pledge of Allegiance - Horace Strong Invocation - Reverand Thomas D. Dillard A. CONSENT CALENDAR A-1 Resolution No. 102-80, Approving Transfer of Excess Land Interest and Redemption Funds to the Capital Fund Wastewater Treatment Plant. A-2 Appointment of Bill Pierotti as Acting City Treasurer. A-3 Resolution No. 103-80, Commending Donald F. Guluzzy As Morro Bay City Administrator/City Clerk B. UNFINISHED BUSINESS B-1 Ordinance No. 186, Amending Section 16 of the Ordinance 100 and Section 17.48.130 of the Morro Bay Municipal Code. B-2 Ordinance No. 190, Firearms and Missiles. C. PUBLIC HEARINGS, APPEARANCES AND REPORTS C-1 Graham's Landing - Lindquist and Hutchinson, Lease Sites 93, 94, 95, 93W 94W and 95W. C-2 Discussion of Assignment of Lease by a Trustee for Stephen Yeoman and Virginia Yeoman of Pacific Shellfish Company D. ITEMS OF INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator MINUTES - CITY OF MORRO BAY REGULAR MEETING - NOVEMBER 10, 1980 RECREATION HALL, 7:30"PM Mayor Warren M. Dorn called the meeting to order at 7:30 PM. Horace Strong, American Legion Member, led the Pledge of Allegiance. Reverand Thomas D. Dillard, United Methodist Church, gave the invocation. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor Herminia Ward, Councilwoman ABSENT: John Lemons, Mayor Pro-Tem STAFF: Kent M. Taylor, Acting City Administrator Michael T. LeSage, City Attorney John Bressan, Director of Public Works Murrel Crump, Community Development Director Ann C. MCKibbin, Administrative Assistant Al Olson, Police Chief Bonita Murray, Deputy City Clerk Mayor Dorn asked Councilman Anderson to introduce his wife as she was present at the meeting. On behalf of the Council, Mayor Dorn congratulated Michael LeSage on the birth of his fourth son, David Anthony. A. CONSENT CALENDAR A-1 Resolution No. 102-80, Approving Transfer of Excess Land Interest and Redemption Funds to the Capital Fund Wastewater Treatment Plant. A-2 Appointment of Bill Pierotti as Acting City Treasurer. A-3 Resolution No. 103-80, Commending Donald F. Guluzzy As Morro Bay City Administrator/City Clerk. Acting City Administrator Kent Taylor read the consent calendar to the Council and public present. MOTION: Councilwoman Deutsch moved that the Consent Calendar be approved. This was seconded by Councilman Anderson and so carried. B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 186, AMENDING SECTION 16 OF THE ORDINANCE 100 AND SECTION 17.48.130 OF THE MORRO BAY MUNICIPAL CODE. Kent Taylor stated that this ordinance is for second reading and approval by the City Council. This ordinance deals with porch., landing place or stairway projections. MOTION: Councilwoman Deutsch moved that Ordinance No. 186 be read by title only. This was seconded by Councilwoman Ward and so carried. MINUTES - Morro Bay City Council Regular Meeting - November 10, 1980 Page Two Kent Taylor read Ordinance No. 186 by title only - "An Ordinance Amending Section 16 of Ordinance 100 and Section 17.48.130 of the Morro Bay Municipal Code." MOTION: Councilwoman Deutsch moved that this constitutes the second reading of Ordinance No. 186 and that it be approved. This was seconded by Councilwoman Ward and so carried. B-2 ORDINANCE NO. 190, FIREARMS AND MISSILES Kent Taylor stated that this ordinance is for second reading and approval by the City Council. This proposed ordinance was recommended by Chief Olson and it is similar to other ordinances that other municipalities have. Councilman Anderson was concerned that use of bows and arrows by private individuals in their own back yards would be in violation of this ordinance. Al Olson stated that there have been no problems with bow and arrow use but also felt this should be kept in the ordinance in order for it to have some teeth to it. However, it is not the Police Department's intent to sneak around and cite people on use in their own yards. Michael LeSage stated that the words "or private individuals" could be inserted in Section 9.16.040 after the words "established archery clubs." This was agreed to by all concerned. MOTION: Councilwoman Deutsch moved that Ordinance No. 190, as amended, be read by title only and that this would constitute the first reading. This was seconded by Councilman Anderson and so carried. Kent Taylor read Ordinance No. 190, as amended, by title only - "An Ordinance Amending Chapter 9.16 of Title 9 of the Morro Bay Municipal Code." C. PUBLIC HEARINGS, APPEARANCES AND REPORTS C-1 GRAHAM'S LANDING - LINDQUIST AND HUTCHINSON, LEASE SITES 93, 94, 95, 93W, 94W AND 95W. Kent Taylor stated that a request had been submitted by Michael Collins, attorney for Graham's Landing, that this matter be postponed until the November 24 meeting to allow time for pictures to be developed in this matter. Michael LeSage stated that he would like to request that Mr. -Collins submit a' written request to the office regarding this postponement. This was agreed to by Mr. Collins, who was present at the meeting. Therefore, the request for a postponement was agreed to by all Council members present and the matter will be heard at the November 24, 1980 City Council Meeting. Howard Gaines stated that he would like to be heard on this matter at this time rather than wait for it to be heard on November 24: The Council agreed to this request but stipulated that he would not be heard on this matter at the next regular meeting. 0 MINUTES - Morro Bay City Council Regular Meeting - November 10, 1980 Page Three Mr. Gaines asked Council if all the leases were to be reviewed at this time or if they were being reviewed as they came up for renewal/transfer? Michael LeSage stated that this question on the lease use had been brought to his attention by the City staff and it is not a lease transfer/change. Mr. Gaines felt that all of the leases should be reviewed. Under Proposition 13, lease- hold improvements are the same as property improvements. At the time a lease is transferred, Mr. Gaines felt that these leases should be re -appraised. Michael LeSage stated he had planned to recommend to Council that a property management firm or an accounting firm be hired to go through all of the leases and bring them up to date. C-2 DISCUSSION OF ASSIGNMENT OF LEASE BY A TRUSTEE FOR STEPHEN YEOMAN AND VIRGINIA YEOMAN OF PACIFIC SHELLFISH COMPANY Kent Taylor stated that this is an assignment of a trust deed to PCA. It was Council's consensus at the last meeting that the proponents of the lease should be present to explain why their request should be granted. Mrs. Virginia Yeoman stated that they have requested a loan from PCA for the acquisition of the lease. Michael LeSage stated that once the property has been encumbered, your hands are tied. However, there is nothing that would prohibit this in the current lease agreement, but he couldn't understand why PCA would require this. Mrs. Yeoman mentioned that this is the first time that PCA has made a loan for a dock as they usually make loans for farm related materials or boats. They were just taking precautions. Councilwoman Deutsch requested that a representative from PCA contact Mike LeSage about this assignment of a trust deed, which was agreed to by Mrs. Yeoman. Mayor Dorn stated that this matter would then be continued at the November 24 meeting. Howard Gaines asked that he be heard on this matter rather than wait for the entire matter to be discussed at the November 24 meeting. This was agreed to by all Council members present. Mr. Gaines felt that where the City performs work on behalf of lenders, etc., we should be charging for these services. He felt a percentage of the overhead, etc. should be charged and the City should stop "giving away" services. D. ITEMS OF INDIVIDUAL DETERMINATION AND/OR ACTION D-1 T-PIER AGREEMENT. Michael LeSage stated that he was not present when Council discussed this. He wanted Council to know that he had added a clause to the lease which states "if the lease area is expanded that the lease rental will continue at the same rate as under the existing lease." The existing lease has a reduced rental, which expires in 1982. The Council members felt that this did not create a problem since any expansion work would not be completed by 1982 with all the permits, etc. that are needed to begin construction. MINUTES - Morro Bay City Council ' Regular Meeting - November 10, 1980 Page Four Ron Myers stated that the Great American Fish Company was granted a reduced lease rental with a yearly review basis. He asked if this matter was being followed up? Michael LeSage stated that he was working on this. Mr. Myers also asked if something could be done to correct the inadequacies between the County leases and the City leases. Since the county leases are so much lower, it puts some lease holders at a distinct disadvantage. Michael LeSage stated that this matter does exist but the solution needed to be corrected by the County. The percentage paid on a county lease is of the appraised value set by the County Assessor's Office. The only present opportunities you have under the present leases are (1) change of use, (2) the lease is transferred and presently reassessed, (3) we can again meet with the County Assessor's Office and come closer to the appraised value. D-2 EVALUATION OF LEASE AGREEMENTS Michael LeSage recommended that the Council either hire an accounting firm or real estate consultant firm to review all the lease files. The present City staff are not capable, timewise, to handle this type of project. It is going to take someone's full time and effort. This individual would be assisting Kent Taylor, Acting City Administratbr, the Finance. Director and the City Attorney. Councilwoman Deutsch agreed wholeheartedly that someone should be hired to review the leases. However, she felt that someone with an accounting background would serve our needs best, and felt that the expense of an accounting firm could be avoided by advertising for someone to help on a month to month basis. Kent Taylor mentioned to the Council that he was currently looking into this matter and would report back at the next meeting with proposals and alternatives on this matter. D-3 Michael LeSage requested a short executive session after this meeting to discuss the Tidelands matter. D-4 Kent Taylor asked for Council's guidance on the location of the anchor that Council had accepted as a gift from Andy Satko. This has been before the Planning Commission and they recommended the Dunes Street Park as their primary choice. If another location is deemed more practical at a future date, it would not be difficult to move the anchor at that time. MOTION: Councilwoman Deutsch moved that Council approve the location of the Dunes Street Park for the anchor. This was seconded by Councilman Anderson and so carried. D-5 Councilwoman Deutsch felt it was important to direct and encourage staff to take care of the items that were mentioned in Don Guluzzy's status report. She felt that the most important priorities were: (1) obtaining estimates on the cost of establishing a fixed asset account on a timely basis. MINUTES - Morro Bay City Council Regular Meeting - November 10, 1980 Page Five (2) obtain a bid from Alexander Grant for re -constructing our grant files as quickly as possible. She felt we are in great danger of having to repay funds simply because we don't have an adequate accounting system. (3) correct all the internal problems as stated in the audit in our Water Department, accounts receivable and payroll in order that we may get on a businesslike basis for running the City. Kent Taylor stated that staff had planned to place the audit report on a future agenda for public hearing. Staff has a meeting with the auditors to discuss their reoommendations since we do have some questions. This would be placed on the agenda after that meeting. (4) establish a plant ledger for the City. Kent Taylor stated that this is being done by Bill Pierotti, Acting Finance Director. D-6 T-PIER AGREEMENT Councilwoman Ward asked if the agreement on the T-Pier had been signed by all parties. Michael LeSage stated that he had revised.the agreement and had requested staff tb submit a map with this agreement showing the changes. This has been completed and will be sent for signature tomorrow. D-7 PROPOSITION ONE Mayor Dorn stated that since Proposition One has been passed by the voters, Morro Bay will be entitled to get funds for the sandspit. This is very important to Morro Bay. He will be travelling to Sacramento on November 18-19 for a meeting on this matter. D-8 LOCAL COASTAL PLAN Howard Gaines commented that the Local Coastal Plan must be completed by July, 1981. A lot of the cities are behind in their plans and and are being granted a six month extension in order to have the plans completed. He noted that Pismo Beach are advertising for hearings and asked what the status of our plan is. Mr. Taylor stated that the draft is slated to be done this month and the hearings to being after the first of the year. Murrel Crump stated that the hearings will probably take two months to complete. The next phase of the LCP would be to update the general plan. There is currently no schedule for this work at this time. Therefore, a six month extension may be needed. Mayor Dorn stated that the sooner the City adopts a plan, the sooner we can get out from under the Coastal Commission. A citizen asked what the status was on the water situation, which would allow us to have the building moratorium lifted. Councilman Anderson stated that a draft proposal was submitted, and we now have 45 days in which to make any comments, etc. and the final report should be out in January. He also mentioned that there is some question as to who imposed the building moratorium. Y MINUTES - Morro Bay City Council Regular Meeting - November 10, 1980 Page Six The meeting was adjourned into executive session at 8:30 PM. The meeting was reconvened into regular session again at 8:45 PM. MOTION: Councilwoman Ward moved that the meeting be adjourned. This was seconded by Councilman Anderson and so carried. The meeting was adjourned at 8:45 PM. Respectfully submitted, KENT M. TAYLOR, Acting City Clerk y, by Bonita MurraDeputy City Clerk 0 0 AGENDA - CITY OF MORRO BAY SPECIAL MEETING, NOVEMBER 6, 1980 City Hall Conference Room, 5:00 PM A. OLD BUSINESS A-1 Sonic Cable TV Matter. WORKSHOP SESSION B-1 First Quarter Budget Report. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - NOVEMBER 6, 1980 CITY HALL CONFERENCE ROOM, 5:00 PM The special meeting of the Morro Bay City Council was called to order at 5:00 PM by Mayor-Pro-Tem Lemons. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman John Lemons, Mayor Pro-Tem Herminia ward, Councilwoman ABSENT: Warren M. Dorn, Mayor STAFF: Kent Taylor, Acting City Administrator Michael LeSage, City Attorney Ann MCKibbin, Administrative Assistant Bonita Murray, Deputy City Clerk A. OLD BUSINESS A-1 SONIC CABLE TV MATTER. The meeting was adjourned into executive session to discuss the matter before Council. The meeting was called back into regular session at 5:15 PM. Mayor Pro-Tem Lemons stated that this item is on the agenda and Council has a copy of Sonic's declaration to deregulate, a copy of the interim rate agreement, and the charges for service to different cities in California and San Luis Obispo County. Members of Sonic Cable TV are present. The Council can take further action or decide not to do anything from their October 30 meeting. Michael LeSage, City Attorney, suggested that it might be in the Council's best interest to hold this matter until Monday, for the regularly scheduled meeting. Mr. LeSage stated that the other cities have agreed to an interim rate increase which would establish what the rate of return is and give the Council some kind of criteria if the rate increase were to be allowed. If, with the benefit of the rate study, you find that the rates are currently adequate, Sonic could then elect to challenge this and deregulate. Mr. LeSage wondered if it wouldn't be wise to wait for this rate study. There was some discussion on the right of Sonic to deregulate. Councilman Anderson stated that the comments he had heard from the public were more concerned with the quality of service rather than the increase in rates. Mr. LeSage stated that another option would be to allow Sonic to deregulate, which would in turn require Sonic to install a public service channel. Mr. LeSage stated that Sonic offered to increase .the rate from 3% - 4%, which would raise the franchise revenues by $1,800 and also included HBO revenues at 1/2 of 3%, which would amount to approximately $4,450 annual increase to the City. MOTION: Councilwoman Deutsch moved that this matter with Sonic Cable TV be scheduled for a public hearing with proper notice on November 24 to :SPECIAL MEETING MINUTES Morro Bay City Council - November 6, 1980 Page Two allow.for public comment. This was seconded by Councilwoman Ward and so carried. Mr. Bill Hargan of Sonic Cable TV gave the Council a copy of Grover City's agreement for a permanent rate increase, which was a unanimous decision of their Council. MOTION: Councilwoman Deutsch moved that the meeting be adjourned. This was seconded by Councilwoman Ward and so carried. The meeting was adjourned at 5:30 PM. Respectfully submitted, KENT M. TAYLOR, Acting City Clerk by Bonita Murray, Deputy City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING, October 30, 1980 City Hall Conference Room, 7:00 P.M. Call to Order ITEMS FOR DISCUSSION 1. Ordinance No. 190, Firearms and Missiles, First Reading. 2. Resolution.No. 101-80, Approving An Agreement Establishing An Interim Rate Increase Under Certain Conditions for Sonic Cable TV, A Franchisee of the City of Morro Bay. 3. Settlement of Brebes T-Pier Lease Sites 105.3W, 106W-108W, 111.5W. 4. Re -assignment of City Engineer Position. 5. Status Report on Fire Department Reorganization Analysis. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting October 30, 1980 Morro Bay City Hall Conference Room The meeting was called to order at 7:00 P.M. by Mayor Dorn. ROLL CALL PRESENT: Councilmen Anderson, Deutsch, Lemons, Ward and Mayor Dorn ABSENT: None Mr. Guluzzy stated that this meeting had been adjourned from last Monday evening. 1) Ordinance Number 190, Firearms'a6d Missiles, First Reading. Mr. Guluzzy stated the first item for'discussion-was Ordinance No. 190, Firearms and Missiles, First Reading. This item had been referred back to the City Attorney for revision. Councilman Anderson mentioned he had some previous concern with regards to that section dealing with sling shots, bows and arrows but after discussion regarding those concerns, he felt they had been removed. MOTION: Councilman Lemons moved that Ordinance No. 190 be read by title only. Motion was seconded by Councilwoman Ward and carried unanimously by roll call vote. Mr. Guluzzy read Ordinance No. 190 by title only: "An Ordinance Amending Chapter 9.16 of Title 9 of the Morro Bay Municipal Code." MOTION: Councilman Lemons moved the first reading of Ordinance No. 190 be approved. Motion was seconded by Councilwoman Ward and carried unanimously by roll call vote. 2) Settlement and 111.5W reement of Brebe's T-Pier Lease Sites 105.3W. 10614-108W An outline of the settlement proposal was presented by Mr. Guluzzy, showing basic terms of agreement as reached between the city and Brebe's lease partners. Two basic proposals were presented: one which would be to forgive past due rent owed for the T-Pier (109P and 109PW). In this agree- ment, the City would agree to pay Brebes a total sum of $45,000 to be paid in two installments: $22,500 by Janaury 5, 1981 and $22,500 by January 5, 1982. The second proposal would have the city and Brebes mutually releasing each other from any claims, etc. and at the same time, Great American Fish Company would assign 39' of Lease Site 111.5W to the city. The city, in turn, would consent to a 15' expansion of the existing restaurant and bar for any use allowed in their present waterward lease along the entire front of the existing restaurant in the undeveloped portion of Lease Site 111 with a three foot (3') City Council Adjournef'eeting October 30, 1980 40 Page Two setback between Lease Site 110W and 109P. The city would also allow a thirty foot (30') expansion waterward of the restaurant in the undeveloped area of Lease Site 110W in front of the existing restaurant. Mr. Guluzzy noted to the Council that on the bottom of Page 1, the next to the last sentence should be reworded to read "Further, the CITY OF MORRO BAY consents to a waterward expansion of the restaurant in the undevel portion of Lease Site 111.5W, 30 feet in front of the waterward line of The first sentence on Page 2 should be corrected to read: OW and/or IIZ..SW the 3 foot setback area between the 110W ease ine an t e 109P easeline...." Councilman Lemons asked if an addition could be made on 110W that the city would still require a three foot walkway. Councilman Anderson stated that the three foot walkway is a Coastal Commission requirement. Further discussion followed in regards to the language structure of this lease sentence. Councilwoman Deutsch noted that the indemnification clauses had been deleted from both the Brebes Agreement and the Great American Fish Company Agreement. It was the consensus of the Council these clauses be reinserted. Mr. Ogle assured the Council there would be no objection on either his part or the other partners on the reinsertion of these sections. Another issue that was brought up was the Coastal Conservancy bid to renovate the T-Pier. Since the Coastal Conservancy costs,are fixed, any delay in executing the:Brebes Lease Agreement would eventually burden the city with a larger share of the total costs. The execution of the Brebes Agreement is important, also, in that only after the signing of this agreement by both the city and Brebes will the agreement with Great American Fish Company be executed. Mr. Bruce Risley, speaking from the audience, felt the public had not been fully informed of the property involved and what would be done with that property. Mr. Bressan, Public Services Director pointed out to Mr. Risley, using aerial photos, the location of the involved Lease Sites and those portions of the T-Pier to be removed, restroom locations', etc. Discussion followed among the Council in regard to city acquisition, reasons for settlement, and potential costs and savings to the city. MOTION: Councilman Lemons moved the agreement settlement, as drawn up by City Attorney Michael Le Sage, with the corrections as noted, be accepted as presented. The motion was seconded by Councilwoman Ward and carried unanimously by roll call vote. City Council AdjourneM11eeting October 30, 1980 Page Three 3) Resolution No. 101-80, Approvinq an Aqreement Establishinq an interim Kate increase Under Certain Conditions for Sonic Cable a franchisee Mr. Guluzzy stated that Sonic Cable had requested an increase in their monthly service rate to their Morro Bay customers. The other cities involved in the rate increase, as well as Morro Bay, had met previously to discuss this price change October 24. As Sonic had already billed their customers for an increase to $8.00 from the present $5.75, the company, to prevent any problems, came in to establish an interim increase agreement. A credit would be given if an interim rate lower than the billed $8.00 was agreed upon. Mr. Guluzzy explained the rate increase as it would affect homes, mobile - homes, motels and commercial buildings. Mayor Dorn mentioned that he had a call from the Mayor of Arroyo Grande earlier in the day asking the City of Morro Bay to hold off at the present time until all cities involved in the price hike could again meet and establish an interim rate. Discussion followed after Mr. Guluzzy outlined the two choices open to the Council: 1) if an interim rate was not affected by November 1, 1980, the rate as spelled out by Sonic would be in effect; 2) the Council could try to work out an agreement, or legally try to prevent an increase, thus testing the recently passed AB 699 giving the cable television companies the right to increase their rates. The majority of Council felt the quality and service of the cable company was poor thereby not meriting an increase. Councilman Lemons argued, however, that if the interim rate asked by Sonic of $7.25 was not voted upon, the $8.00 rate to be charged would cost the residential users more. Councilwoman Deutsch voiced her opinion that the company was not deserving of any increase. MOTION: Councilwoman Deutsch moved that Council instruct Mr. Le Sage, City Attorney, to proceed with the necessary steps to enjoin the Sonic Cable TV Company from raising the current cost level until the Council has received a completed study. Further, that Mr. Le Sage be requested to ask Sonic Cable to drop their arbitrary deadline of November 1, 1980 to December 1, 1980. Motion was seconded by Mayor Dorn and passed on a 3-2 roll call vote. Mr. Farrell, attorney representing Sonic Cable TV, indicated to Council that litigation would not be a simple injunction action, but a damaging action and urged Council to discuss the matter with their City Atotrney, not present at this meeting. Councilman Lemons discussed the point that if an interim rate had been adopted, assuming there are 3,300 subscribers, in that six months period there would be an estimated $14,000 savings that would have accrued to the people of the city. City Council Adjourn eeting October 30, 1980 Page Four Councilwoman Ward felt that AB-699 was taking the ball completely out of the hands of the city so as to have all control over future increases. MOTION: Councilman Anderson moved that there be a substitute motion on the first motion made by Councilwoman Deutsch, to recon- sider the interim rate increase. The motion was seconded by Councilman Lemons and failed on a 3-2 roll call vote. MOTION: Councilman Lemons moved Council accept a one month increase of $8.00 to residences and $3.10 for motels and commercial buildings so as to permit a rate study to be completed. Motion was seconded by Councilman Anderson and failed on a 3-2 roll call vote. Original motion by Councilwoman Deutsch to stand. 4) Re -assignment of City Engineer Position. Mr. Guluzzy briefly stated that John Bressan was requesting Council approval for the re -assignment of the City Engineer's position to the Public Services Director. Mr. Bressan outlined for the Council the cost savings that would occur over the next year_and a_half_if Mr, Chrissakis was assigned to the ci.ty's - Wastewater Treatment Plant and replaced by Mr. Bressan acting as both Public I Services Director and City _-Engineer.____ Council agreed that one person should be acting as both Public Services Director and City Engineer, but questioned the fact that Mr. Bressan was requesting the addition of an administrative aide to assist him with those duties now being handled by Mr. Chrissakis. It was agreed upon by the Council that Councilman Lemons and Acting City Administrator Kent Taylor would talk with Mr. Chrissakis regarding the re -assignment. 5) Status Report on Fire Department Reorganization Analysis. Mr. Guluzzy stated. that. Mr. Coleman, Chief of the San Clemente Fire Department had concluded his analyzati.on of the city's Fire Department and had submitted his findings to him. Chief Coleman had stated to Mr. Guluzzy that he was positive about the discussions he had had With both Chief Zerr and the other firemen. Chief Coleman's main objective in the investigation was to try and get the department back on a working relationship among themselves. Chief Coleman indicated he would be holding a workshop with the men regarding their positions and inter -office relationship. City Council Adjourn eeting October 30, 1980 Page Five Acting City Administrator Kent Taylor was advised and will follow up. MOTION: Councilwoman Deutsch moved the meeting be adjourned to the next regular meeting of November 10, 1980. Motion was seconded by Councilman Lemons and passed unanimously on roll call vote. The meeting adjourned at 10:30 P.M. RECORDED BY: DONALD F. GULUZZY, City Clerk By: Tricia Witt Acting Deputy City Clerk /A ,P40 CITY OF MORRO BP AGENDA - MORRO E REGULAR MEETING, Recreation Hall, Call to Order Pledge of Allegiance Invocation - Rev. Ri CONSENT CALENDAR Resolution No. 96-80, Approving Bid Award to Wide -One Corporation for $31,761.84 for purchase of handicap -lift equipped bus which will be 80% funded by UMTA grant. Resolution No. 97-80, Approving Bid Award to Pioneer Transit for the removal and purchase of encroaching sand from Coleman Park. Pioneer Tran will pay the City 30 cents per cubic yard. Resolution No. 98-80, Approving Bid Award to Spring Toyota for $9,156 for two administrative pool cars. Denial of Claim Against the City by AAA Club of So. California. Council will deny all claims and refer said claims to City insurance carrier. Approval of Expenditure Report for September, 1980. Approval of Minutes of September 22, 29 and October 3, 1980 Meetings. Resolution No. 95-80, Approving Application for Grant Funds Under the Solid Waste Management Act of 1980. Resolution No. 94-80, Authorizing City Administrator to be the Project Officer for the City of Morro Bay.in Conjunction with the State Coastal Conservancy Standard Agreement Regarding the Urban Waterfront Restoration Program. OLD BUSINESS Amending Purchasing Ordinance No. s and Equipment. Second Reading. Proposed Modifications to Police Building. Resolution No. 99-80, Approving Bid Award to Motorola fc Purchase of Pagers for the Fire Department. Appointment of an Acting City Administrator for the City Resolution No. 81-80, Authorizing City Administrator of Bay to Execute an Agreement with Management Personnel. Ordinance No. 190, Firearms and Missiles, First Reading. Ordinance No. 186, Amending Section 16 of Ordinance 100 of the Morro Bay Municipal Code, on First Reading. Revision of Contract Language in the Health Benefit Plan Morro Bay. D. PUBLIC HEARINGS, REPORTS AND APPEARANCES 1 -1 Public Hearing to Consider Bid Award for Community Promotion Activities. E. INDIVIDUAL ITEMS OF DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator 0 0 MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 27, 1980 RECREATION HALL, 7:30 PM The meeting was called to order at 7:30 PM by Mayor Pro-Tem Lemons. Horace Strong of the American Legion led the Pledge of Allegiance and Reverend Richard Love gave the invocation. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilman STAFF: Don Guluzzy, City Administrator Michael T. LeSage, City Attorney Kent M. Taylor, Acting City Administrator Murrel Crump, Community Development Director John Bressan, Director of Public Works Al Olson, Police Chief Bernie Zerr, Fire Chief Bonita Murray, Deputy City Clerk A. CONSENT CALENDAR A-1 Resolution No. 96-80,'Approving Bid Award to Wide -One Corporation for $31,761.84 for purchase of handicap -lift equipped bus which will be 80% funded by UMTA grant. A-2 Resolution No. 97-80, Approving Bid Award to Pioneer Transit for the removal and purchase of encroaching sand from Coleman Park. Pioneer Transit will pay the City 30 cents per cubic yard. A-3 Resolution No. 98-80, Approving Bid Award to Spring Toyota for $9,156 for two administrative pool cars. A-4 Denial of Claim Against the City by AAA Club of So. California. Council will deny all claims and refer said claims to City insurance carrier. A-5 Approval of Expenditure Report for September, 1980. A-6 Approval of Minutes of September 22, 29 and October 3, 1980 Meetings. A-7 Resolution No. 95-80, Authorizing City Administrator to be the Project Officer for the City of Morro Bay in conjunction with the State Coastal Conservancy Standard Agreement Regarding the Urban Waterfront Restoration Program. Don Guluzzy read the Consent Calendar to the Council and members of the public present. Item A-3. Mayor Pro-Tem Lemons asked for a clarification of this item. Don Guluzzy stated that the cars are 1980 Toyota Tercels for a total purchase price of $9,156. This is the fifth time the City has gone out to bid for administrative pool cars. MOTION: Councilman Anderson moved for the approval of the Consent Calendar. Councilwoman Ward seconded this and it was carried unanimously by a roll call vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 27, 1980 Page Two B. OLD BUSINESS B-1 ORDINANCE NO. 184, AMENDING PURCHASING ORDINANCE NO. 164 PROVIDING FOR THE PURCHASE OF SUPPLIES AND EQUIPMENT. Second Reading. Don Guluzzy gave a brief summary of this ordinance and stated that it would authorize more freedom and flexibility in the bidding process. Mayor Pro-Tem Lemons asked if we could restrict future automobile buys to American made cars when we go to bid. Mike LeSage stated that there is a "buy American" Act on certain state laws. He was not sure whether or not the courts have upheld this. He stated that he would research this and report back to the Council at the next meeting. MOTION: Mayor Pro-Tem Lemons moved for the approval of Ordinance No. 184, and that this constitutes the second reading. Councilwoman Deutsch seconded the motion and it was passed unanimously. C. NEW BUSINESS C-1 PROPOSED MODIFICATIONS TO POLICE BUILDING. Don Guluzzy stated that this is a request for modifications to the Police Building for the improved safety of the personnel in the Department. The present plate glass does not provide enough safety for the personnel. The cost estimate is $3,000 for a combination of slump block, decorative block and a redwood border. Councilwoman Ward stated that the Police Building is in a poor location and does have a terrible front that is a danger to the personnel. She felt it would be extremely expensive if this proposal were not approved. Mayor Pro-Tem Lemons asked what the status of the Police Department budget was? Mr. Guluzzy stated that the budget is so austere thattliera would be no funds available at this time for the proposed modifications. Mayor Dorn asked if there were any federal funds available for this type of work? Chief Olson stated that these types of funds are practically nonexistent. Mayor Pro-Tem Lemons stated that :he would rather take the money needed for this modification out of the current Police Budget and later in the year transfer the funds. Chief Olson stated that there are dollars available in salaries since they have been down two people for a period of two months. This money could be used. MOTION: Mayor Pro-Tem Lemons moved that the modifications to the Police Department be authorized without the transfer at the present time of funds from Contingency Reserve. Councilwoman Ward seconded this and it was passed unanimously by roll call vote. C-2 RESOLUTION NO. 99-80, APPROVING BID AWARD TO MOTOROLA FOR $6,924 FOR THE PURCHASE OF PAGERS FOR THE FIRE DEPARTMENT. • • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 27, 1980 Page Three Mr. Guluzzy stated that an additional $924.99 is needed for the purchase of pagers for the Fire Department due to the fact that the prices had risen and for the modifications of the existing pagers. Councilwoman Deutsch asked if the total cost would then be $6,924.99, which Mr. Guluzzy affirmed. MOTION: Mayor Pro-Tem Lemons moved for the approval of Resolution No. 99-80. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. C-3 RESOLUTION APPOINTING AN ACTING CITY ADMINISTRATOR FOR THE CITY OF MORRO BAY. Mr. Guluzzy stated that this resolution is needed to allow the new Acting City Administrator/Acting City Clerk to be paid effective October 27, 1980'and his position to become effective November 1, 1980. MOTION: Mayor Pro-Tem Lemons moved that Kent Taylor be appointed as Acting City Administrator/Acting City Clerk and that Council should thank the County Administrator and Board of Supervisors for their cooperation. He further moved that the Mayor and City Clerk be authorized to sign an agreement to pay for Mr. Taylor's services to begin October 27 and for Mr. Taylor to assume the office on November 1, 1980. This was seconded by Mayor Dorn and unanimously agreed to by all present. A citizen from the audience asked what the salary of the new Acting City Administrator would be. Mayor Pro-Tem Lemons stated that the salary would not exceed the present salary of Mr. Guluzzy. Carl Landsbury felt that the Administrative Assistant for the City should be the Acting City Administrator rather than go outside to fill the vacancy. Councilman Anderson stated that Ms. MCKibbin was not interested in the permanent position of City Administrator and is involved with other projects that need her expertise at this moment. A five minute recess was called at 8:15 PM to allow the Council to be introduced to Mk. Taylor. The meeting was called back to order by Mayor Dorn at 8:25 PM. C-4 RESOLUTION NO. 81-80, AUTHORIZING CITY ADMINISTRATOR TO EXECUTE AN AGREEMENT WITH MANAGEMENT PERSONNEL. Don Guluzzy stated that this matter has been brought before Council on at least three occasions to discuss conditions of employment, holidays, vacation, sick leave, etc. This would be for a term of two years with dismissal capabilities. Mr. Guluzzy went over all of the department heads who would be affected by this agreement. He also mentioned that he would not have a finance director, administrative assistant and director of administrative services. There will be only two positions and one of the above titles will be eliminated. Mr. LeSage stated that he had some doubts about the Fire Chief and Police Chief positions and would like some time to research this matter. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 27, 1980 Page Four MOTION: Councilwoman Deutsch moved that we adopt Resolution No. 81-80 with Mr. LeSage further researching those positions that are under contract. This was seconded by Mayor Dorn and so carried. C-5 ORDINANCE NO. 190, FIREARMS AND MISSLES, First Reading. Don Guluzzy stated that this ordinance would amend Chapter 9.16 of Title 9 of the Morro Bay Municipal Code and replace it with Sections 9.16.010 - 9.16.040. The intent of the ordinance is to prohibit anyone from shooting or discharging any pistol, revolver gun or firearm of any description that is not necessary for self defense or performance of their official duty within the city limits without the written permission of the Council. Archery Clubs would be exempt from this provision. It also includes prohibition of any person who willfully and maliciously throw stones or any hard substances at, against or upon any house or building in the City of Morro Bay. Chief Olson stated that we don't currently have any ordinance like this in the Municipal Code. His officers are responding weekly to firearm violations and felt that we do need an ordinance like this especially since Morro Bay is a bird sanctuary. There was a question as to whether this could amend the existing code or be an addition. Mike LeSage suggested that this matter be postponed until Thursday, October 30, to enable staff to research thiq. matter. Mayor Dorn stated that this matter will be held over until Thursday as requested by the city attorney, which was agreed to by all present. C-6 ORDINANCE NO. 186, AMENDING SECTION 16 OF ORDINANCE 100 AND SECTION 17.48.130 OF THE MORRO BAY MUNICIPAL CODE. First Reading. Don Guluzzy mentioned that this ordinance deals with porch, landing place or stairway projections. This should be amended to read as initially intended by the Community Development Department. MOTION: Councilwoman Deutsch moved that Ordinance 196 be read by title only. This was seconded by Mayor Pro-Tem Lemons and so carried. Don Guluzzy read Ordinance No. 186 by title only - "An Ordinance Amending Section 16 of Ordinance 100 and Section 17.48.130 of the Morro Bay Municipal Code." MOTION: Councilwoman Deutsch moved that this constitutes the first reading of Ordinance 186. This was seconded by Mayor Dorn and so carried. C-7 REVISION OF CONTRACT LANGUAGE IN THE HEALTH BENEFIT PLAN FOR THE CITY OF MORRO BAY. Don Guluzzy stated that a previous Council authorized Council and their dependents to receive health benefits. This change in the contract wording was never done. The second part of this request would allow part-time employees to receive pro-rata benefits under the contract. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 27, 1980 Page Five MOTION: Councilwoman Deutsch moved that we allow the revision in the health benefit contract to allow part-time employees (20 hours per week) and the Council to receive health benefits. This was seconded by Councilwoman Ward and so carried. D. PUBLIC HEARINGS, REPORTS AND APPEARANCES D-1 PUBLIC HEARING TO CONSIDER BID AWARD FOR COMMUNITY PROMOTION ACTIVITIES. Mayor Pro-Tem Lemons excused himself from this portion of the meeting. Don Guluzzy stated that the lone bidder for the Community Promotion bid was the Chamber of Commerce. He felt that there were some items that should be reviewed in this bid before Council approves this contract as listed in his memo to Council (see Attachment A). Councilwoman Deutsch felt that the chamber's hands should not be tied when referring to no profit can be made on promotional activities. An example given was the Fourth of July parade whereby the Chamber does all of the advertising, promotion, coordinating, etc. and then decides to sell balloons. Since they made a profit of $5.50, then they cannot be reimbursed for any advertising or expenses. She was totally in disagreement on this point and felt that the City did trust the Chamber and there was such a small amountof money to be allocated that we shouldn't be concerned about this. Michael LeSage stated that Measure A is before the Courts now and it raises the legal questions and it may not be decided at this stage. They may need a trial to know whether it is valid. We should proceed on the premise that it is valid until we are told otherwise. Mr. LeSage further stated that the act allows the Council to pay the Chamber for community promotion. If the Chamber puts on an event that is decided to promote the community and also receives funds, then the concern is perhaps you aren't paying for community promotion. Mr. LeSage personally felt that the Chamber could be paid for a promotional event even though they make money from the project. Judy Kerestan of the Chamber of Commerce stated that (1) an event is not just promoted and the City billed for expenses simply because the Chamber thinks it is a thingto promote. An interest has been expressed by the City. (2) All of the expenses for the booths, etc. were kept separate and none of these expenses were turned in for City reimbursement. (3) All of the expenses, except office expenses, are verified. MOTION: Councilwoman Deutsch moved that we accept the bid from the Chamber of Commerce for Community Promotion and Visitor Information as submitted and that the City Attorney draw up a contract to be signed by the Mayor and City Clerk. Councilwoman Ward seconded this motion and it was unanimously approved by all present. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 27, 1980 Page Six E. INDIVIDUAL ITEMS OF DETERMINATION AND/OR ACTION E-1 SPECIAL WORKSHOP MEETING Don Guluzzy stated that there will be a special workshop meeting on November 6 to discuss the budget report for the quarter ending September 30. Ray Wood, from Alexander Grant, Tom McGonagill, Bill Pierotti, Ann MCKibbin, and Don Guluzzy will all be present at this meeting if Council is available. All Council members present agreed to the meeting on November 6 at 5:00 PM. E-2 SONIC CABLE TV Don Guluzzy requested that this meeting be adjourned to Thursday, October 30 to discuss an interim rate increase for Sonic Cable TV. Mr. LeSage and he met with representatives of Sonic Cable TV and Sonic feels they fall under deregulation of AB 699. If this were the case, we would try to legally enjoin them. Sonic Cable TV representatives- ave met with all the cities in San Luis Obispo County that are concerned and have negotiated an interim rate increase with each city, to be approved by each respective City Council. Mayor Dorn was concerned about the quality of service. He was wondering why the public should pay more if the improvement of service has not been made. Mr. Guluzzy stated that hopefully this will be corrected. An interim rate of $7.25 has been negotiated with Sonic for the City of Morro Bay for a period not to exceed six months, which would give Morro Bay time to conduct a rate analysis. At that time, Council would have full justification for whatever rate increase will be involved. As of this interim rate agreement, the City would also receive three percent of one-half of theirHBOrevenue that we are,not entitled to at the present time. This meeting was agreed to by all Council members present. E-3 RECRUITMENT PROCESS FOR THE CITY ADMINISTRATOR POSITION. Don Guluzzy requested that a representative of Council be named to work with Ann. McKibbin on any directionand/or decisions that need to be made. John Lemons and Dorotha Deutsch volunteered to be the liaison between Council and staff on this project. Don Guluzzy went over the various steps that he.felt should be used for obtaining a city administrator - oral board, assessment center. He also mentioned that there were several top notch city administrators from other cities that would be available to assist the Council and sit on an oral board. Councilwoman Deutsch felt that an Oral Board with the appropriate city administra- tors would be essential. However, she did not feel an assessment center was needed, since one was not used when Mr. Guluzzy was hired and Council felt they got the best person for the job at that time. Mayor Pro-Tem Lemons was concerned about committing themselves to an oral board at this meeting. He asked if Council couldn't commit themselves to the idea of an oral board but decide at a later date who will sit on this board. This was agreed to by all present. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 27, 1980 Page Seven E-4 FINANCE DIRECTOR A new finance director has been appointed - Gere Sibbach. He will be available to start work for the City on January 1 due to the fact that he is currently in the middle of an audit at _his present job and will not be able to be released from his job until that time. Bill Pierotti, the Acting Finance Director, will be able to serve the City until the permanent Finance Director can take over the duties of the position. E-5 REASSIGNMENT OF CITY. ENGINEER POSITION. Don Guluzzy stated that he would like to recommend to Council that they appoint John Bressan as the City Engineer. There is a need for a full-time construction manager and residential engineer to handle the outfall and plant modification and upgrading with the sewer plant, which George Chrissakis would handle. Mr. Guluzzy read the duties and responsibilities of the City Engineer. There are currently two vacancies in the Public Services Department that John will need to fill. One position is an administrative analyst, who would be responsible for a lot of the daily workload that John currently handles. The other position would be some alternative way in which to help Bill George on his building inspections, which John is reviewing. Mr. Guluzzy suggested that John Bressan be appointed as City Engineer and that his salary would be $31,164/year. Jody Giannini spoke in favor of John Bressan and the fine job he has done. He felt that John should be supported in this position. Mr. Guluzzy stated that Mr. Chrissakis' time would not be allocated (100%) to the Plant. The preparation time on the construction plant would be paid under a grant - approximately six months of the staff time or 3/10th of the staff year. Bernie Zerr suggested that possibly his department could help in the building inspection area. It was decided by all council members present that this matter would be held over until Thursday for a final decision. Mayor Pro-Tem Lemons asked that staff come back with answers to some questions he had on this matter for the Thursday meetig. (1) Who handles the building plan checks? (2) What increase in salary costs will this proposed change have? E-6 ELECTRICAL PROBLEMS IN THE POLICE DEPARTMENT Mr. Guluzzy stated that we have had some problems with the electrical system in the Police Department. Bill George has reviewed this and recommended immediate repairs, which we have done. Staff will obtain an estimate for the remainder of the work that needs to be completed. Al Olson stated that it was hard to give an accurate estimate at this time because the building had, over the years, suffered lot of neglect and a close guesstimate would be $1500-$2000. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 27, 1980 Page Eight E-7 COMMENDATION FOR MISBETH WOLLAM Mayor Pro-Tem Lemons submitted a resolution commending Misbeth Wollam for her years of service to San Luis Obispo County as County Clerk. She will be retiring at the end of this year. MOTION: Mayor Pro-Tem Lemons moved that Resolution No. 100-80 Honoring Misbeth Wollam be approved. Councilwoman Ward seconded the motion and it was so carried. E-8 YEOMAN LEASE - LEASE SITES 130-133 Michael LeSage stated that the Yeomans are requesting that we assign their lease by trust deed to Production Credit Association. Mr. LeSage went over the legal aspects of granting such a request. He felt that the language of the lease has been adequate in the past for banks and lending institutions and that Council should not start at this time in making exceptions. However, by changing a few words in the addendum that was submitted by Production Credit Association, the agreement would be acceptable. Councilwoman Deutsch felt that this amended addendum should be approved, which would give the Yeoman's some negotiating power. However, Councilman Anderson felt that this just might open a "can of worms" that Council did not intend. Jody Giannini stated that he felt the future in lending would be from Production Credit and that their requirements are a little different from other lending institutions. Mike LeSage suggested to Council that it might be wise to ask a representative of Production Credit Association to explain their terms and conditions in financial arrangements. MOTION: Councilman Anderson moved that staff invite the Yeoman's to the next regularly scheduled Council meeting to discuss why the changes are required. This was seconded by Councilwoman Deutsch and so carried. E-9 Michael LeSage requested an executive session to discuss the T-Pier settlement agreement. The meeting was recessed into executive session at 9:50-PM. The meeting was reconvened at 10:30 PM MOTION: Mayor Pro-Tem Lemons moved that.the meeting be adjourned to Thursday, October 30 at 7:00 PM in the City Hall Conference Room. This was seconded by Councilwoman Deutsch and so carried.. The meeting was adjourned at 10:30 PM. Respectfully submitted, - DON LALDF. GULUZZY, City Clerk by Bonita Murray, Deputy City Clerk - - r/ -1 , / MINUTES - MORRO BAY CITY COUNCIL ADJOURNED MEETING - OCTOBER 14, 1980 CITY HALL CONFERENCE ROOM - 7:00 PM The meeting was called to order by Mayor Pro-Tem Lemons at 7:05 PM. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman ABSENT: Warren M. Dorn, Mayor STAFF: Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney John Bressan, Director of Public Services Al Olson, Police Chief Ann McKibbin, Administrative Assistant Bernie Zerr, Fire Chief Bonita Murray, Deputy City Clerk D-4 APPEAL BY GLADYS WALTON FOR A WATER METER Michael LeSage stated that he had prepared a covenant at Council's direction from an earlier meeting. It did state that the ground cover should be used for safety reasons and suggested that lot book reports on 225 Main Street and 206 Main Street be requested of Mrs. Walton so we know the legal owners and have them on record. John Bressan stated that the shrub height is restricted to two feet and his suggestion would!be to allow low ground cover instead of shrubs. Mrs. Walton felt that technically she should be allowed to have water since the permit for the floating docks could not have been granted unless there is a parking lot. Mayor Pro-Tem Lemons asked if there wasn't any reason that a connection couldn't be provided near the fire hydrant and a flat rate be charged to Mrs. Walton. This would alleviate granting a water meter in this time of shortage. Mr. LeSage stated that he could insert a clause in the covenant stating that the City is providing water strictly for landscaping and no other purpose. Councilman Anderson mentioned to Mrs. Walton her plans for a caretakers cottage to be built on this lot as part of her further development should wait until the moratorium is lifted. Mr. LeSage stated he would insert the following wording in the covenant to be signed by Mrs. Walton: "The City of Morro Bay has consented to supply water to the property located at 206 Main Street for the purpose of watering and maintaining the landscaping only. Declarants recognize and agree that the water to be supplied to the property located at 206 Main_ Street is supplied_ strictly for watering of landscaping only, for_no other purpose ,._and_specifically_ not for any building or structure on the property. Declarants further understand and agree that water for any structure on said property can be obtained only as available and pursuant to then existing practices of the City of Morro Bay." MINUTES - MORRO BAY CITY COUNCIL Adjourned Meeting - October 14, 1980 Page Two MOTION: Councilwoman Deutsch moved that Gladys Walton be granted water from the City and charged a flat rate for this water and sign and agree to the covenant as amended. This was seconded by Councilwoman Ward and so carried. C-3 REQUEST TO DELAY ACTION FOR DEL MAR PARK CONSTRUCTION BIDS. John Bressan stated that the bids received are $92,000 over bid. He would like Council direction on this. There are two alternatives that can be taken. (1) Staff can ask the State for additional funds. We would be asking for $100,000 which would give us some leeway. There is a good possibility that this would get be granted'. However, the City would have to match funds of approximately $23,000 - $25,000. (2) Staff could reject all bids on the basis that the bids are too high and the City does not wish to fund additional expenses. ,Staff can then re -design the bid specifications and re -bid the project. Mayor Pro-Tem Lemons stated that he did not feel comfortable in accepting bids. _ that are 20 percent higher than the original estimate. There was further discussion on this matter by all present." - MOTION: Councilwoman Deutsch moved that we reject all bids and authorize staff to redesign the project and go out to bid again. This was seconded by Councilwoman Ward and so ordered. D-5 PLANNING COMMISSION VACANCY. Mr. Guluzzy stated that there is a current vacancy since the resignation of Ralph Peters. The position has been posted the required number of days. There was considerable discussion on all the candidates for this position. All the candidates are known to the Council and felt that any of them would do a fine job. MOTION: Councilwoman Deutsch moved that June Cunningham be appointed to the Planning Commission for the unexpired term of Ralph Peters. This was seconded by Councilman Anderson and so carried. E. INDIVIDUAL ITEMS OF DETERMINATION AND/OR ACTION E-1 SONIC CABLE TV MATTER. Mr. Guluzzy stated that representatives of Sonic Cable TV have met with staff. Sonic plans to raise their rates in Morro Bay from $5.75 to $8.00. We jointly discussed having a study done by an outside firm and this study has been under- taken and.it is in progress. Sonic feels they have the right to raise their rates according to AB699. If the Council is opposed to this, staff suggests that Council try to stop them in a legal way. MINUTES - MORRO BAY CITY COUNCIL Adjourned Meeting - October 14, 1980 Page Three Mr. LeSage felt that Sonic did not meet all of the criteria for deregulation. There are 4000 houses in Morro Bay and virtually all have cable tv. It seems that if they are not under this AB 699 that we take some step to enjoin them from this. MOTION: Mayor Pro-Tem Lemons moved that we authorize staff to join with other cities, if feasible, and if not to report back at the next meeting with another alternative. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. E-2 VALUE ENGINEERING CONTRACT WITH J. M. MONTGOMERY. Mr. Guluzzy stated that the original dollar amount for the Value Engineering Contract did not include any estimate for work done by Brown & Caldwell. Representatives of Brown & Caldwell did attend the meetings where their expertise was needed and the City had no other option or course of action. The increased cost to the City will be $5,000. This money does not fall under the grant funds but we will submit it to the State for approval. This is being submitted to Council for your information only. The meeting was adjourned into executive session at 8:20 PM and reconvened at 9:10 PM. E-3 MANAGEMENT CONTRACTS Mr. Guluzzy and staff went over the management contracts with Council item by item. The management contract, itself, will be put on the October 27 agenda for Council approval. E-4 CITY ADMINISTRATOR DISCUSSIONS Mayor Pro-Tem Lemons stated that staff has advertised for a city administrator in the ICMA newsletter and Jobs Available. October 27, 1980 has been set as the closing date. Mr. Guluzzy stated that he had talked to a number of city managers who would be willing to sit on an oral board for this position. He stated that Council is faced with either going with an interim city administrator or hiring the individual you want. The County has an individual who would be willing to act in an interim position. Mayor Pro-Tem Lemons asked if it was possible to find out whaf,kind of arrangements were made and what the last interim city administrator made, housing agreement, etc., which Mr. Guluzzy stated would be made available to Council. An executive session was called at 9:35 PM. The meeting was reconvened at 9:55 PM. MOTION: Councilwoman Deutsch moved that the meeting be -adjourned. This was seconded by Councilman Anderson and so carried. The meeting.was adjourned at 9:55 PM. Respectfully submitted, DONA D F. GUL U,)) City Clerk /DUriFC�C y Bonita Murray, D puty ty Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING, OCTOBER 13, 1980 Recreation Hall, 7:30 P.M. Call to Order Pledge of Allegiance Invocation A. CONSENT CALENDAR A-1 Resolution No. 89-80, Authorizing renewal of a contract with the California Highway Patrol for Abandoned Vehicle Abatement participation during FY 1980-81. (RECOMMEND APPROVAL) A-2 Resolution No. 90-80, Revised Handicap Transit Budget. (RECOMMEND APPROVAL) A-3 E. E. Reid Claim Against the City: Council will deny claim and refer said claim to City's insurance carrier. .(RECOMMEND APPROVAL) A-4 Resolution No. 91-80, Supporting Proposition One which places before the voters of California a bond measure to provide funding for acquisition and development of parks and recreation programs. (RECOMMEND APPROVAL) A-5 Expenditure Report for August, 1980. (RECOMMEND APPROVAL) A-6 Resolution No. 92-80, Honoring Retiring First District Supervisor Hans Heilmann. (RECOMMEND APPROVAL) A-7 Coastal Commission Permit allowing installation of traffic access signs to coastal points in Morro Bay. B. UNFINISHED BUSINESS B-1 Staff report on San Luis Obispo County Hot Line, Inc. B-2 Ordinance No. 184, Amending Purchasing Ordinance. C. NEW BUSINESS C-1 C-2 C-3 C-4 C-5 C-6 C-7 ME Request by Morro Bay Fuel Dock, Inc. for extension of lease sites 30W - 33W. Request by Associated Divers to sub -lease office space to Associated Pacific Constructors, Incorporated. Request to delay action for Del Mar Park Construction bids. Ordinance No. 185, Amending Title VII of the Morro Bay Municipal Code. PUBLIC HEARINGS, REPORTS AND APPEARANCES D-1 8:00 PM, T-Pier Public Hearing AGENDA - MORRO BAY CITY COUNCIL -2- D-2 9:30 PM, Appeal by Joan Leifhelm of the Flower Pot is contesting a decision by the Planning Commission. D-3 9:45 PM, Public Hearing on Red Parking Zones and Excessive Speeding on Morro Bay Blvd. D-4 10:15 PM, Appeal by Gladys Walton for a water meter. D-5 Consideration of filling vacancy on Planning Commission. 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 13, 1980 — -- -- ---- - -_ _ Recreation Hall, 7:30 PM The meeting was called to order by Mayor Pro-Tem Lemons at 7:30 PM. Horace Strong led the pledge of allegiance. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman ABSENT: Warren M. Dorn, Mayor STAFF: Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney John Bressan, Director of Public Services Murrel Crump, Community Development Director Ann McKibbin, Administrative Assistant Al Olson, Police Chief Bonita Murray, Deputy City Clerk Mayor Pro-Tem Lemons made an announcement stating that any items on the agenda that are not heard by 11:00 PM will be continued for hearing tomorrow night, October 14, 1980, in the City Hall Conference Room. A. CONSENT CALENDAR A-1 Resolution No. 89-80, Authorizing renewal of a contract with the California Highway Patrol for Abandoned Vehicle Abatement participation during FY 1980-81. A-2 Resolution No. 90-80, Revised Handicap Transit Budget. A-3 E. E. Reid Calim Against the City. Council will deny. claim and refer said claim to city's insurance carrier. A-4 Resolution No. 91-80, Supporting Proposition One which places before the voters of California a bond measure to provide funding for acquisition and development of parks and recreation programs. A-5 Expenditure Report for August, 1980. A-6 Resolution No. 92-80, Honoring Retiring First District Supervisor Hans Heilmann. A-7 Coastal Commission Permit allowing installation of traffic access signs to coastal points in Morro Bay. Don Guluzzy read the consent calendar to the Council members and the members of the public present. Item A-4. Howard Gaines felt that the voters themselves should be allowed to decide individually whether or not they wish to support this proposition and not the City Council. MINUTES - MORRO BAY CITY COUNCIL Regular. Meeting - October 13, 1980 Page Two Item A-5. Howard Gaines had a few questions on the expenditure report and asked for some clarification of these items. All the questions were answered to Mr. Gaines' satisfaction. Mayor Pro-Tem Lemons suggested that the expenditure report be made available to Mr. Gaines before the meetings. If Mr. Gaines then had any questions about an individual item, he could then get his answers from the staff before the meetings and thus negate the necessity of,reviewing this during the Council meetings. MOTION: Councilman Anderson moved for the approval of the Consent Calendar. This was seconded by Councilwoman Deutsch and so carried. B. UNFINISHED BUSINESS B-1 STAFF REPORT ON SAN LUIS OBISPO COUNTY'HOTLINE, INC. Mr. Guluzzy stated that this is an excellent service provided for the citizens of Morro Bay for people who are in need or,)have a problem .and" wish to talk to some- one. He recommended that Council should appropriate the requested amount of $500 to this program. Mayor Pro-Tem Lemons asked if this money couldn't be taken from the Physical Protecton of People section of the budget and at the end of the fiscal year this amount could be transferred back into the account if needed. Mr. Guluzzy stated that it could be handled this way, but staff would come back at the end of the year for a budget transfer at that time. MOTIN: Councilwoman Deutsch moved that we approve the appropriation of $500 out of the existing Physical Protection of People and Property part of the budget to Hotline, Inc. This was seconded by Councilwoman Ward and carried unanimously by roll call .vote. B-2 ORDINANCE N0: 184; AMENDING PURCHASING ORDINANCE. Mr. Guluzzy stated that this ordinance would amend the existing purchasing ordinance. He went over each item and explained the reason behind each proposed amendment. Mayor Pro-Tem Lemons felt that there was a conflict with the last sentence in subsections j and k. Michael LeSage suggested that the words be delted from the ordinance so that there is no conflict in meaning. MOTION: Councilman Anderson moved to have Ordinance No. 184, as amended., read by title only. This was seconded -by Councilwoman Deutsch and so carried. Mr. Guluzzy read Ordinance No. 184 by title only - "An Ordinance Amending Ordinance No. 164 Providing for the Purchase of Supplies and Equipment." MOTION: Councilman Anderson moved that Ordinance No. 184, as amended, be approved on first reading. Councilwoman Ward seconded.this and it was so carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 13, 1980 Page Three C. NEW BUSINESS C-1 REQUEST BY MORRO BAY FUEL DOCK, INC. FOR EXTENSION OF LEASE SITES 30W-33W. Mr. Guluzzy stated that Morro Bay Fuel Dock, Inc. has applied for an extension of their lease for 30-year period. He felt that a shorter time period, such,as 15 years, would be more acceptable. Mr. LeSage felt that Council should request documentation be submitted on this request. Mr. Harvey Peterson of the firm stated that documentation is available for Council's review. Councilwoman Deutsch asked why they were requesting an extension of the lease at this time when the lease isn't near the expiration date. Mr. Peterson stated that the improvements had just been completed and he felt that while the information was fresh on everyone's mind, it would be a pertinent time to submit it for Council approval. Mr. LeSage stated that typically these requests do come in when the leases are expiring, but there is nothing wrong with submitting the information now. Mr. Guluzzy stated that staff would look at the records that Mr. Peterson has on the improvements and report back to Council. C-2 REQUEST BY ASSOCIATION DIVERS TO SUB -LEA: TO ASSOCIATED PP Mr. Guluzzy stated that staff would recommend that Council approve this sub -lease. MOTION: Councilwoman Deutsch moved that Resolution No. 93-80, Approving a Sub -lease on Lease Sites 52 and 52W to Associated Pacific Constructors, Incorporated be approved. This was seconded by Councilwoman Ward and so carried. C-4 thru C-8 ORDINANCE NO. 185 - 189. Mr. Guluzzy stated that these items have been rescheduled to a future meeting since more work needs to be done before final submission to the Council. D. PUBLIC HEARINGS, REPORTS AND APPEARANCES. D-1 T-PIER PUBLIC HEARING. Mayor Pro-Tem Lemons requested that speakers not restate facts from previous meetings or what other speakers may have stated. Mr Guluzzy stated that the City has been reviewing the T-Pier situation for some time and staff has tried to pull together a summary. There are two major alternatives - private and public. Mr. Guluzzy went over the two major alternatives proposed as outlined in Exhibit One of these minutes. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 13, 1980 Page Four Mr. LeSage felt that Council should be aware that there are three leases involved. (1) The Great American Fish Company - as part of the settlement proposal, they are offering 39 feet, without which we do not have a chance of recapturing this area. (2) Lease Sites 109P and 109PW - this is one one side of the dispute. We feel that the lessees are obligated to rebuild and they feel they are not obligated. (3) Lease Sites 105.3W - 108W - this area under the proposed plan, which was approved by the Planning Commission, would be largely utilized by the wharf. He also went over the key issues and differences between the two proposals - installation of a public hoist, number of slips available for commercial use, rates charged for use of this T-Pier and the cost. Councilman Anderson stated that if we approved the public settlement, the City would have two hoists available for use. Would there be any restrictions put on the use of these hoists? Mr. Grenell stated that the hoists are provided at a reasonable cost to the wharf. The Coastal Conservancy has not taken the position as to how they will be used. Mr. Grenell stated that the Coastal Conservancy approved last Thursday a grant totalling $367,000 for the T-Pier. The recovery of funds will be approximately $147,000 over a ten-year period. The reason the grant was less than anticipated was that there would be some cost benefits available such as help from the Conservancy Corps, etc. The meeting was now open for public comment. Bruce Risley, Reg Whibley, Jody Giannini, Ed Ewing, Ray Gallo, Rich Bobbins, Howard Gaines, Cliff Smith, and Joe Giannini all spoke on this subject and gave their thoughts and view points. A brief recess was called during the public portion at 9:15 PM and reconvened at 9:25 PM. Mayor _Pro-Tem Lemons closed_the_pu6lc_hearing on the T-Pier matter. Councilman Anderson stated that one of the reasons we live in a small community is to get away from the bureaucracy of the big cities. He asked if there will be any strings tied to the city's hands by inviting the Coastal Conservancy to come in with their proposal? Mr. Guluzzy stated that the City will have (1) the financial obligations and (2) be tied to an agreement whereby the T-Pier will be used first for commercial fishing only. Mr. Grenell of the Coastal Conservancy stated that $367,000 has been set aside for this project. Should there be any delays due to litigation, etc., the money will still be allocated to the City if they decide to go with the Coastal Conservancy plan. Councilwoman Ward stated that she had an attorney review the lease contract and finds that all three leases are being lumped together when in fact we should be dealing with the T-Pier. She felt that at no time was Brebes Fisheries granted permission to withhold rent. MOTION: Councilwoman Ward moved that Brebes Fisheries be served three days notice to pay the amount due or we will file suit for unlawful detainer. The motion died for lack of second. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 13, 1980 Page Five Mayor Pro-Tem Lemons felt that the Council should address first and foremost the issues - whether or not to go with the Hittle or Conservancy proposal. MOTION: Councilwoman Ward moved that the City go public at this time and accept the Coastal Conservancy Grant for the T-Pier. This was seconded by Mayor Pro-Tem Lemons and carried unanimously by roll call vote. C-3 REQUEST TO DELAY ACTION FOR DEL MAR PARK CONSTRUCTION BIDS. John Bressan asked that this matter be delayed until tomorrow night's meeting since it would involve quite a length of time. This was agreed to by everyone present. D-2 APPEAL BY JOAN LEIFHELM OF THE FLOWER POT - CONTESTING A DECISION BY THE PI ROO rn PMC Tnm Mrs. Leifhelm stated that she is contesting a decision by the Planning Commission to allow her to sell flowers on her own property outside her building. She stated that this is the.third time she has attempted to obtain a permit for this use. Councilwoman Deutsch asked if she planned on having a single cart on private property and the response was yes. Murrel Crump, Community Development Director, stated that this was simply a policy decision of the Planning Commission based on parking requirements. He felt that if the Council approved her plan, there should be some conditions relating to the length of time this can occur. MOTION: Councilwoman Deutsch moved that Council approve Mrs..Leifhelm's plan to have her flower cart on private property for a period of two months. If at that time the City has not received any complaints, then Mrs. Leifhelm can request a permit for a longer length of time provided that the cart is moved at the end of each day. This was seconded by Mayor Pro-Tem Lemons and so carried. D-3 PUBLIC HEARING ON RED PARKING ZONES AND EXCESSIVE SPEEDING ON MORRO BAY BLVD. Mr. Guluzzy stated that staff is recommending to the Council that we oppose the placement of a stop sign on Morro Bay Boulevard and also to return eight parking spaces in the downtown area from red zones. Al Schwartz of the Downtown Association felt that senior citizens and young children crossing the street to school need additional help in crossing Morro Bay Boulevard. He felt that one of the many problems was speeding, and they would like to make the downtown area a safer place to shop. Al Olson, Police Chief, stated that one of the solutions to the speeding problem will be to provide more radar enforcement on Morro Bay Boulevard, which they will do as soon as it is returned from the repair shop - probably by the end of October. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 13, 1980 Page Six Bruce Risley stated he was on the safety committee that originally took away some of the parking spaces in the downtown area. He had some suggestions to offer as a way to slow the traffic down - add additional bumps to warn people to slow down after you come in from the freeway, have more signs showing the speed limit, and have wider crosswalk lines. He also felt that.the Police should issue citations to people who refuse'to stop for pedestrians. Mr. Bressan went over the history of the problem and his recommendations. He is recommending that -the City return eight parking spaces for downtown parking purposes that would still not reduce the sight distance. of 40 feet, which is required. There is no compromise on the engineering or safety standards. He had conducted a study of.the_gap time on Morro Bay Boulevard in accordance with Uniform Traffic, AAA and Cal Trans standards. The average gap time was 13.5 seconds, which would allow pedestrians and traffic to cross Morro Bay Boulevard. He also went over different alternatives available for proposed stop signs on Morro Bay Boulevard. Councilwoman Deutsch asked if Morro Bay would qualify for a safety guard to help the children cross the street. John Bressan stated that a cross guard for the children is a viable option, but the kids do not have a set pattern. However, proper education and establishment of a safe route to school with reinforcement through the schools would help in this problem. Chief Olson stated that his department is currently working on this area with the schools. He felt that the children should be educated on this regularly. MOTION: Councilwoman Deutsch moved that we approve to realign the parking spaces and do whatever else for the parking allocation in downtown. This was seconded by -Councilwoman Ward and so carried. MOTION: Councilwoman Deutsch moved that the meeting be adjourned until 7:00 PM tomorrow night in the City Hall Conference Room. This was seconded by Councilwoman Ward and so carried. The meeting was adjourned at 11:20 PM. Respectfully submitted, DONALD F. GULUZZY, City Clerk by Bonita Murray, Deputy ity Clerk —/3cp/ COMPARATIVE ANALYSIS OF T-PIER ALTERNATIVE•POLICY DECISIONS RPOSE OF REPORT I am presenting this report to Council with the intent of providing you with as many options and alternatives to consider as an aid to assist you in making a final determination regarding the T-Pier issue presently being considered by Council. ALTERNATIVES TO BE CONSIDERED Five alternatives are possible: (1) Approval of the proposal made to Council by Ray Gallo and Dr. Hittle. (2) Approval of a public approach through grants and loans to repair the T-Pier, build a boardwalk and other public facilities and pursue litigation to resolve the lease violations. (3) Pursue litigation to resolve lease violation and, if successful, publicly bid for competitive business opportunity to reconstruct T-Pier and other public facilities. (4) Pursue litigation with present leasee and require him to repair and/or rebuild T-Pier, either alone or in partnership with City, and jointly construct slips and other public facilities on a 50-50 share basis. (5) Pursue none of the above alternative options and close the T-Pier to the public. COUNCIL CONSIDERATIONS Three lease sites, which are separately leased: (1) 111.5W (west of T-Pier) leased to Great American Fish Co.; (2) 109P and 109PW (T-Pier and water lease site); (3) 105.3W-108W (east of T-Pier). (1) 111.5W.is not part of the lease before us. (2) 109P and 109PW is the major issue before Council. The issue is whether or not leasee has the responsibility of rebuilding versus repairing the T-Pier. Council has before it a number of options and alternatives to consider as a solution to the T-Pier problem. I am presenting my suggestions of the issues and the possible implications of pursuing each option, and, to the extent possible, the costs/benefits of each major alternative. PRIVATE SETTLEMENT OF T-PIER ISSUE: 109P-109PW Briefly stated, this proposal is: y0A (A) Council approve transfer of this lease to Dr. Hittle. (B) All back rent due, less $5,000 will be paid to City. Back rent due is $28,306.37. (C) New leasee will rebuild T-Pier without wings at estimated cost of between $150,000 - $200,000. (D) City would provide leasee with a credit for rebuilding stem of T-Pier and removal of wings. Maximum amount of credit would be $75,000. (E) Thirty six (36) boat slips will be constructed with priority given to commercial fishermen. (F) A sales office/tackle shop for leasee's sports fishing operation will be authorized and constructed. (G) A 138 x 12 (1,656 ft.) fish off-loading wharf will be built'at end {of T-Pier for fish off-loading (no permanent docking will be allowed). (H) A fish off-loading hoist will be installed by either leasee or sub-leasee, but not until and unless the economics and demand for such a facility prove worthwhile. (I) Undergrounding of utilities would not be required at present, but leasee would participate in utility district and pay its pro-rata share if one formed by City. (J) New leases will be executed conforming to the existing leases. PUBLIC SETTLEMENT OF T-PIER ISSUE: 109P AND 109PW A second option Council has for consideration to resolve T-Pier is to publicly assume ownership of the T-Pier through a system of loans and grants through the California State Conservancy. Briefly stated, this option involves: (A) Rebuilding the T-Pier in the existing configuration. No new permits would be required. The T-Pier would be available only for commercial fishermen and pedestrian visitors (public). (8) Construction of a new 150 foot long wharf south of the T-Pier to provide additional space for sport fishing and recreational boats (smaller commercial boats could use space as well, but these spaces would not be restricted). Staff would also review other potential sites for boating needs, including off -shore moorings, wharf -side tie-ups as part of Tidelands Park, and street end development. (C) Two public hoists are proposed: (1) a large hoist to serve commercial fishing boats on the T-Pier; and (2) a small public hoist located on the new wharf. (D) Construction of a pedestrian boardwalk along the shoreline to connect the T-Pier with the Embarcadero property. -3- (E) Construction of restrooms and showers to serve pier and wharf users and the public at -large. (F) Redesigned vehicle parking area. PHASE II PROPOSAL TO BE DONE LATER WOULD BE: (G) Undergrounding of utility lines. (H) Landscaping of areas adjacent to the boardwalk/wharfside area. DFG:bkm 10/13/80 • 11 O ♦- N N f O U w f- Q V) w W i k i N N -K 0 � T O O O O O O O C,O O OO 0000cl, 000 r 4-L L E E O O O 00 00 000 000 m -P +•` O. r N N O O OLoLt)Ln OOI.f)Ln +� N O l7 Cr l0 to M rrlIn t� 00 OjN n r N E O (0 ^ WN UNG{ r C Or O d+1r tFT b9 r L t0 i O C (0 4 () C •� •O N O) i O r C •r O S 0 rtf C •r 0 m O a) •r 'O to 3 aj C. N O v a) S- r O L U d O. 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(D r m rt rt O rD rD w '-'• rD .. m 0nn arD Zr 3 `� 3 S (D rt �, t0 w a •--I rtrto-ov, c� -s 3 3rf n. O O O N - w w (D L7 a-0-0z n n �.v, .cow rD J J (D rD -- rD w 0- O d O S 7 ", Z rD 0 O of (p rD F rD w Z o �*mrDzrtnrt wiz M(o=C w w-sw0n. rt E ofDW 3D N 3 N (D rD La (D rD 0 n nrt n m rD cn n. o_ w oT 0 l< s O o 0 m O Y w o m (D rt (D 0 < l<L< N rt _a z 0 o � o N J 1 \ 1 NN O(n A (a I 0 0 N t0 �O [On 1 N OO OOO V N OO OO Cn cn O O O O O O OIC) C) Cn 0 0 O OO O O O O O O O O O O Z 0 . 9 W. COMPARATIVE ANALYSIS OF T-PIER ALTERNATIVE POLICY DECISIONS PURPOSE OF REPORT I am presenting this report to Council with the intent of providing you with as many options and alternatives to consider as an aid to assist you in making a final determination regarding the T-Pier issue presently being considered by Council. ALTERNATIVES TO BE CONSIDERED Five alternatives are possible: (1) Approval of the proposal made to Council by Ray Gallo and Dr. Hittle. (2) Approval of a public approach through grants and loans to repair the T-Pier, build a boardwalk and other public facilities and pursue litigation to resolve the lease violations. (3) Pursue litigation to resolve lease violation and, if successful, publicly bid for competitive business opportunity to reconstruct T-Pier and other public facilities. (4) Pursue litigation with present leasee and require him to repair and/or rebuild T-Pier, either alone or in partnership with City, and jointly construct slips and other public facilities on a 50-50 share basis. (5) Pursue none of the above alternative options and close the T-Pier to the public. COUNCIL CONSIDERATIONS Three lease sites, which are separately leased: (1) 111.5W (west of T-Pier) leased to Great American Fish Co.; (2) 109P and 109PW (T-Pier and water lease site); (3) 105.31W-108W (east of T-Pier). (1) 111.5W is not part of the.lease before us. (2) 109P and 109PW is the major issue before Council. The issue is whether or not leasee has the responsibility of rebuilding versus repairing the T-Pier. Council has before it a number of options and alternatives to consider as a solution to the T-Pier problem. I am presenting my suggestions of the issues and the possible implications of pursuing each option, and, to the extent possible, the costs/benefits of each major alternative. PRIVATE SETTLEMENT OF T-PIER ISSUE: 109P-109PW Briefly stated, this proposal is: -3- (E) Construction of restrooms and showers to !erve pier and wharf users and the public at -large. (F) Redesigned vehicle parking area. PHASE II PROPOSAL TO BE DONE LATER WOULD BE: (G) Undergrounding of utility lines. (H) Landscaping of areas adjacent to the boardwalk/wharfside area. 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Y � t v b V O N L 3 r-• E ai QJ O 10 Y V aj V u v a)0! N 00 N L 0 0 Y > N 0) r O_ b o > Y 3 U N rt Ili N Y i N C Q 6 N N'r Gi ai N Y Y Z > Y > > O N ej a' CC Z c� Y Y v Y N N O •• i O U N 4 U O_•r Y r p } N Z N F- Z Y CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL SPECIAL MEETING, OCTOBER 3, 1980 CITY HALL CONFERENCE ROOM, 4:00 P.M. Call to Order A. NEW BUSINESS A-1 Consideration of Appointment to Parks and Recreation Commission. A-2 Consideration of Appointment to Planning Commission. r � • MINUTES - MORRO BAY CITY COUNCIL Special Meeting - October 3, 1980 City Hall Conference Room, 4:00 PM The Special Meeting of..the City Council Dorn at 4:00 PM PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman Warren M. Dorn; Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman ABSENT: None was called to order by Mayor Warren M. STAFF: Ann C. McKibbin, Acting City Administrator Mary Sanders, Recreation Director Bonita Murray, Deputy City Clerk A. NEW BUSINESS A-1 CONSIDERATION OF APPOINTMENT TO PARKS AND RECREATION COMMISSION. Ann McKibbin stated that only one application had been received - Jesse Gaoiran - to fill the unexpired term of James Goldsburo (term expires 6/30/82) Councilman Anderson expressed concern that these appointments were being considered at a Special Meeting rather than at the next regularly scheduled meeting as mentioned at the last Council meeting. He felt this could result in public disapproval if done at this meeting. Councilwoman Ward said she had suggested the candidates be represented at this meeting in case the Council had any questions-that.needed'to,be.answered. Mayor Pro=Tem Lemons felt this wasn't necessary, and, therefore was opposed to this idea since the applicants are known to all concerned and as it is a voluntary position. As there was only one applicant for the Parks and Recreation Commission, and as it was decided by everyone present to fill this position.... MOTION: Mayor Pro-Tem Lemons moved that Jesse Gaoiran be nominated to the Parks and Recreation Commission to serve the unexpired term of James Goldsburo, which expires 6/30/82. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. A-2 CONSIDERATION OF APPOINTMENT TO PLANNING COMMISSION Councilman Anderson reiterated his opinion that this position should not be filled at this special meeting and done at the next regularly scheduled meeting as announced at the last City Council meeting. This would allow the public to have input into the decision. Councilwoman Deutsch stated that the Council is charged with .the task of running the City, and there are so many items to handle and so little time. MINUTES - MORRO BAY CITY COUNCIL Special Meeting - October 3, 1980 Page Two She felt, therefore, that this matter could be dealt with at this meeting. MOTION: Councilman Anderson moved that we wait until the next regularly scheduled City Council meeting to name a replacement to the Planning Commission. This was seconded by Councilwoman Ward and carried unanimously on a roll call vote. MOTION: Mayor Pro-Tem Lemons moved that the meeting be adjourned. This was seconded by Councilman Anderson and so carried. The meeting was adjourned at 4:15 PM. Respectfully submitted, DONALD F. GULUZZY, City Clerk Y�Lit� i DeputyYlerk IC�d�t2r2G�� /D1� %IM CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL SPECIAL MEETING, SEPTEMBER 29, 1980 CITY HALL CONFERENCE ROOM, 5:00 P.M. Call to Order A. CONSENT CALENDAR A-1 MORRO BAY DOWNTOWN ASSOCIATIONS REQUEST FOR USE PERMIT TO CONDUCT A SIDEWALK SALE ON OCTOBER 2-4, 1980. (RECOMMEND APPROVAL) A-2 REQUEST TO DISPLAY BANNER FOR SPIRITUAL ASSEMBLY OF BAHA'IS CONVENTION TO BE HELD ON OCTOBER 5, 1980. (RECOMMEND APPROVAL) * Under Government Code 54956, no other business shall be authorized at this special meeting of the City Council. C] E MINUTES - MORRO BAY CITY COUNCIL Special Meeting - September 29, 1980 City Hall Conference Room, 5:00 PM Mayor Pro-Tem John Lemons called the meeting to order at 5:00 PM. PRESENT: Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman ABSENT: Rodger Anderson, Councilman STAFF: Ann McKibbin, Acting City Administrator Bonita Murray, Deputy City Clerk A. CONSENT CALENDAR A-1 MORRO BAY DOWNTOWN ASSOCIATION REQUEST FOR USE PERMIT TO CONDUCT A SIDEWALK SALE ON OCTOBER 2-4, 1980. Al Schwartz of the Morro Bay Downtown Association stated that this would be conducted according to the rules set down for all the past sidewalk sales -- no sales being transacted on the sidewalk, displays will be inside the perimeter of the stores, hours will be from 10:00 AM to 5:00 PM for the three days requested. There will be adequate room for pedestrians to walk. MOTION: Councilwoman Deutsch moved that we authorize the Morro Bay Downtown Association to conduct a sidewalk sale on October 2-4, 1980. Council- woman Ward seconded this motion and it was passed unanimously. A-2 REQUEST TO DISPLAY BANNER FOR SPIRITUAL ASSEMBLY OF BAHA'IS CONVENTION TO BE HELD ON OCTOBER 5, 1980. Mayor Pro-Tem Lemons stated that the record should show that Mayor Dorn had arrived and would now chair the meeting. Acting City Administrator Ann McKibbin said that the City had received a request from the Spiritual Assembly of Baha'is to put a banner up across Morro Bay Blvd. stating "Welcome to Morro Bay, Baha'is Convention." The sign would be put up on October 4, 1980 and would be removed on the evening of October 5. This is a one day convention only. Mayor Pro-Tem Lemons was reluctant to grant a use permit for this without any insurance and felt that this should be required. He also questioned if this created any problems between church and state.. Ann McKibbin stated that Mike LeSage, City Attorney, had reviewed the request and to the extent that they comply with the City sign requirements, Council may approve the request. Ms. McKibbin will check with Mr. LeSage about a possible church -state conflict. MOTION: Mayor Pro-Tem Lemons moved that we grant a use permit to the Spiritual Assembly of Baha'is subject to compliance with the usual conditions required on a use permit and satisfy the appropriate insurance requirements. This was seconded by Councilwoman Deutsch and carried unanimously. MINUTES - MORRO BAY CITY COUNCIL Special Meeting - September 29, 1980 Page Two MOTION: Mayor Pro-Tem Lemons moved that the meeting be adjourned. Council- woman Ward seconded this and it was carried unanimously. The meeting was adjourned at 5:15 PM. Respectfully submitted, DONALD F..�GULIUZZY, City Clerk Allc' By Bonita Murray, �eputyCtyClerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING, SEPTEMBER 22, 1980 7:30 P.M., RECREATION HALL Call to Order Pledge of Allegiance Invocation - Father Charles Erickson A. CONSENT CALENDAR A-1 SECOND AMENDED ANNUAL TRANSPORTATION CLAIM (SB325). (RECOMMEND APPROVAL) A-2 APPROVAL OF MINUTES FOR SEPTEMBER 8, 1980 CITY COUNCIL MEETING. (RECOMMEND APPROVAL) B. UNFINISHED BUSINESS B-1 RESOLUTION NO. 85-80, ESTABLISHING PROCEDURES FOR QUALIFYING A VESSEL AS A COMMERCIAL FISHING VESSEL. B-2 RESOLUTION NO. 86-80, ESTABLISHING CITY DOCK SPACE WAITING LIST. B-3 ORDINANCE NO. 182, AMENDING THE MORRO BAY MUNICIPAL CODE BY DELETING SECTION 17.48.260 AND ADDING NEW SECTION. B-4 RESOLUTION NO. 79-80, ESTABLISHING A PARK NAMING POLICY. C. NEW BUSINESS C-1 ORDINANCE NO. 184, AMENDING PURCHASING ORDINANCE. D. PUBLIC HEARINGS, APPEARANCES AND REPORTS D-1 8:00 P.M., BETTY HILL, EXECUTIVE DIRECTOR OF "HOTLINE" WILL MAKE A PRESENTATION. D-2 8:15 P.M., PRESENTATION TO CITY OF "JAWS OF LIFE" EQUIPMENT BY LIONS CLUB. D-3 8:30 P.M., FINICKY FISH MARKET REQUEST FOR A REDUCTION IN GROSS PERCENTAGE OF SALES PAID TO CITY REQUIRED BY LEASE AGREEMENT FOR CITY LEASE SITE NO. 126. D-4 CITY ADMINISTRATOR'S REPORT ON T-PIER OPTIONS. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Administrator E-3 City Attorney MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 22, 1980 Recreation Hall, 7:30 P.M. Mayor Pro-Tem Lemons called the meeting to order at 7:40 P.M. Al Olson, Chief of Police led the pledge of allegiance. Mrs. McWilliams gave the invocation. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman ABSENT: Warren M. Dorn, Mayor STAFF: Don Guluzzy, City Administrator Michael T. LeSage, City Attorney John Bressan; Director of Public Works Al Olson, Chief of Police Mary Sanders, Recreation Director Bernie Zerr, Fire Chief Bonita Murray, Deputy City Clerk A. CONSENT CALENDAR A-1 Second Amended Annual Transportation Claim (SB 325). (RECOMMEND APPROVAL) A-2 Approval of Minutes for September 8, 1980 City Council Meeting. (RECOMMEND APPROVAL) Don Guluzzy read the Consent Calendar to the Council members. Item A-1. Mayor Pro-Tem Lemons stated that the amount on the Amended Claim should read $125,077 instead of $118,725 and the form should be changed to reflect this change. MOTION: Councilwoman Deutsch moved that the Consent Calendar be approved with the exception that the Amended Annual Transportation Claim be changed to reflect the $125,077 amount. Councilman Anderson seconded this motion and it was passed unanimously. B. UNFINISHED BUSINESS B-1 RESOLUTION NO. 85-80, ESTABLISHING PROCEDURES FOR QUALIFYING A VESSEL AS A COMMERCIAL FISHING VESSEL. Don Guluzzy stated that this resolution outlined the actual proof needed to ascertain that a vessel actually fished for 60 days. This would give staff directionof,what is expected as actual proof. Items accepted as proof are as follows: (1) By fuel receipts clearly indicating the date of purchase and the owner's name and/or vessel's name and/or registration number of the vessel. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 22, 1980 Page Two (2) By presenting Fish and Game tickets for the sale of fish which will be credited on the basis of one ticket for every two days fishing credit. (3) A copy of an official float plan filed with the Morro Bay Police Dept Morro Bay Harbor Dept., U.S. Coast Guard, or any official agency of another west coast port. Credit shall be given for the actual number of days filed on the float plan. The float plan must be cancelled with the Harbor Dept. or the Coast Guard upon return of the vessel to Morro Bay for the float plan to be considered valid. (4) Any combination of the above proof -of -fishing statements provided there is sufficient proof of separate incidents. Clifford Smith stated that the Harbor Advisory Board did not approve this resolution prior to its submission before the City Council. He did not agree with Item (2) whereby two days of fish tickets were required for each day of credit toward the 60 days requirement. John Bressan was asked to explain the concept of the float plan, which he did. MOTION: Councilwoman Ward moved that Resolution No. 85-80 be read by title only. This was seconded by Councilman Anderson and so carried. Don Guluzzy read Resolution No. 85-80 by title only - "Resolution Establishing Qualifying Time and Procedure for Vessels Currently Berthed in City Docks to Qualify as a Commercial Vessel." MOTION: Councilwoman Ward moved that Resolution No. 85-80 be approved. This was seconded by Councilwoman Deutsch and so carried. B-2 RESOLUTION NO. 86-80; ESTABLISHING CITY DOCK SPACE WAITING LIST. Don Guluzzy read this resolution in its entirety to the public. MOTION: Councilman Anderson moved that Resolution No. 86-80 be read by title only. This was seconded by Councilwoman Ward and so carried. Don Guluzzy read Resolution No. 86-80 by title only - "Resolution Establishing the Procedure for Creating a New Dockage Space Waiting List." MOTION: Councilman Anderson moved that Resolution No. 86-80 be approved. This was seconded by Councilwoman Deutsch and so carried. B-3 ORDINANCE NO. 182, AMENDING THE MORRO BAY MUNICIPAL CODE BY DELETING SECTION 17.48.260 AND ADDING NEW SECTION. Don Guluzzy stated that this ordinance was on second reading and would allow the Community Development Director to grant temporary use permits for (1) real estate offices in tracts; (2) Christmas tree sales; and (3) temporary refrigera- tion. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 22, 1980 Page Three Howard Gaines asked what.a PD zone was for Christmas trees. Mayor Pro-Tem Lemons explained that this meant "planned development" and went into detail on this. MOTION: Councilwoman Deutsch moved that Ordinance No. 182 be read by title only. This was seconded by Councilwoman Ward and so carried. Don Guluzzy read Ordinance No. 182 by title only - "An Ordinance Adding Section 17.48.260 to the Morro Bay Municipal Code." MOTION: Councilwoman Deutsch moved that Ordinance No. 182 be approved on second reading. This was seconded by Councilwoman Ward and so carried on a roll call vote. B-4 RESOLUTION NO. 78-80, ESTABLISHING A PARK NAMING POLICY. Don Guluzzy stated that the purpose of this resolution is to have written policies and procedures for naming a park. The City currently does not have such a policy and it might be good to spell out a procedure when naming a park. Cathline McWilliams objected to Item No. 3 under the area where parks can be named after persons who have been deceased for more than two years and the City Council believes the person's contribution to the aspect of the City was of such a value to the City that the person's memory should be honored by the naming of the facility. Bill Morley, member of the Parks and Recreation Commission, stated that this portion of the resolution was included since they did not feel this type of decision should be made.in a rush and simply out of sentimental reasons, which might be a mistake. The Commission had felt that waiting the two years was essential. Mary Sanders stated that this policy was specifically designed to give guidelines in naming new parks in Morro Bay as requested by Council. Before a park is named, it will go through the Parks and Recreation Commission, the City Council, and a public hearing. MOTION: Councilwoman Deutsch moved that Resolution No. 88-80 be read by title only. This was seconded by Councilwoman Ward and so carried. Don Guluzzy read Resolution No. 88-80 by title only - "A Resolution Adopting A Park Naming Policy." MOTION: Councilman Anderson moved that Resolution No. 88-80 be approved. This was seconded by Councilwoman Deutsch and so carried on a majority vote - Mayor Pro-Tem Lemons voted no. C. NEW BUSINESS C-1 ORDINANCE NO. 184, AMENDING PURCHASING ORDINANCE. Don Guluzzy stated that this ordinance would (1) authorize staff to be able to negotiate for the purchase and/or provision of supplies, equipment, etc. if we go out to bid twice and people do not meet the specifications. (2) This would authorize staff to go through lease/purchase with Council approval after we MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 22, 1980 Page Four receive written quotation for any items above $5,000 without going through the formal bidding process. This will give staff flexibility and better ability to purchase items and goods and services that are not public works projects and provide.the City with the most cost effective means of obtaining these services. Mike LeSage stated that Section (h) of this Ordinance was in the government code and should be in the City's municipal codes. Mayor Pro-Tem Lemons was concerned that without some type of comparison, we would not know that we are obtaining the best bid. Don Guluzzy stated that we should probably be more specific in this area of the ordinance and suggested that this portion of the ordinance be re -written and brought back to the Council again at the next meeting, which was agreed to by all Council members present. D. PUBLIC HEARINGS, APPEARANCES AND REPORTS D-1 8:00 P.M., BETTY HILL, EXECUTIVE DIRECTOR OF "HOT LINE" WILL MAKE A PRESENTATION. - Mrs. Betty Hill stated that in the last year Hotline handled 390 calls from Morro Bay and possibly another 50 calls from Morro Bay of individuals who did not identify themselves. All of the calls may not -have ,been a crisis situation, but they were serious in nature. Examples of calls are rape victims, abused children/wives, suicides, indiscriminate use of fire arms, alcohol abuse, drug abuse, runaways, pregnant teenagers, etc. In 1979 they received a total of 8,000 telephone calls. They have 50-60 volunteers and two phones which are manned on a 24-hour basis. They do receive revenue sharing funds and other money received from cities. They would like to request $500 from Morro Bay for this fiscal year. Mayor Pro-Tem Lemons asked staff to prepare a report summarizing this and present it to Council at the next meeting. D-2 8:15 PM, PRESENTATION TO CITY OF "JAWS OF LIFE" EQUIPMENT BY LIONS CLUB. Bernie Zerr, Fire Chief, thanked all the members of the Lion's Club and the community for their help in raising the money for the "Jaws of Life" equipment. This equipment will certainly save lives in the future. Al Swartz of the Lions Club presented the equipment "Jaws of Life" to the City Council. In April, 1979, the Lion's Club became aware of a need for this equipment and undertook the project. The community itself raised $6,649 for the purchase of this tool. A lot of organizations were involved to make this project come true and Mr. Schwartz read the names of these organizations. Bernie Zerr asked all members of the Lion's Club that were present at the meeting to come forward for presentation of a plaque appreciation for uniting the community in a fund raising project. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 22, 1980 Page Five A five minute, recess was called at 8:20 PM to give Bernie Zerr an opportunity to remove the "Jaws of Life" equipment so it could be available for use. The meeting was reconvened at 8:30 PM. D-3 8:30 PM, FINICKY FISH MARKET REQUEST FOR A REDUCTION IN GROSS PERCENTAGE OF SALES PAID TO. THE CITY REQUIRED BY LEASE AGREEMENT FOR CITY LEASE SITE NO. 128. Don Guluzzy read two letters from Mike LeSage on -this matter dated September 9 and September 15. Warren Sinsheimer, attorney representing the de Garimore's, stated that the rent has not been paid for the first half of 1980. Correspondence in this matter began in January requesting the City's attention in this matter. The current City lease requires payment of five percent of the gross sales. This puts the de Garimore's in a non-competitive situation, and they would like this to be amended. The figures for last year are available and it was suggested that a committee of Council or staff meet with the de Garimore's to work out an alternative. Mayor Pro-Tem Lemons requested staff to summarize the significant issues for the Council's review and report back to the Council at the October 27, 1980 meeting. Mr. de Garimore was concerned that the Council had not been informed of this matter earlier since correspondence has been on -going since January of this year. Councilwoman Deutsch stated that it appeared several leases were in non-conformance or needed to be reviewed. Don Guluzzy stated that staff is trying to review the leases at this time. Councilwoman Deutsch felt that it may be wise to bring someone in to do nothing but review the leases and bring them up-to-date. D-4 CITY ADMINISTRATOR'S REPORT ON T-PIER OPTIONS. Mayor Pro-Tem Lemons stated that this is not a hearing, it is an informational report. After Mr. Guluzzy has presented his report, it would be appropriate to ask questions on the report, but not to state positions. Don Guluzzy stated that he and John Bressan had met with Peter Grenell and Bob Joseph of the State Coastal Conservancy to discuss how they might help and participate in restoring the T-Pier. They have put together a concept under the Urban Waterfront Restoration Plan they have submitted to their Board for approval on October 9. Unless the Conservancy is seriously interested in this matter, we should not make a decision until that time. When they do approve this proposed plan, we would like to come back to Council for a decision -to have the T-Pier either privately funded or city -owned. Please see Exhibit A for the Coastal Conservancy Staff Report. Joe Giannini stated that he was impressed with the Coastal Conservancy's urgency.for the project in the harbor. It was his understanding that the money for this project is available and they are awaiting the Council's decision, and a decision could be made at this meeting. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 22, 1980 Page Six Don Guluzzy stressed that the Coastal Conservancy's staff report is being presented to their Board on October 9 and they will either award the funds at that time or disapprove it. He felt that this matter should be set for public hearing on October 13, 1980 - after the October 9 Board Meeting of the State Coastal Commission. Mayor Pro-Tem Lemons stated that the matter will be set for public hearing on October 13. If there is some reason why the matter cannot be heard at that time, then it can be cancelled. Mr. Hurlbert of Oakland stated that the T-Pier had been closed and there were at least 50 boats tied to the T-Pier at this moment. He suggested that some action be taken so that the crew members of these boats can go to and from their boats, bring groceries aboard and/or make repairs to their boat. Mike LeSage stated that we could use a hold harmless agreement. However, city staff have informed him that the Pier has deteriorated and it is extremely dangerous to use. If someone is injured on this Pier, then the City can be in serious trouble. John Bressan stated that if someone is familiar with the Pier, it is not as dangerous. However, if the general public goes out.on the Pier, it is dangerous. If we had a hold harmless clause or statement signed, then we have to open the gates. We will also have to enforce this. Jody Giannini suggested that a lock be put on the gate with keys passed out to.the individual fishermen to allow them access to their boats. He stated that he would supply the lock and keys. Since there was also a concern about the safety of the pier itself, he offer to supply the plywood to cover the parts of the pier that were unsafe. Mike LeSage stated that this is a good suggestion and one that would be workable. This would keep the public off the pier and allow the fisherman access with a key, and have a hold harmless clause on file. Ray Gallo was concerned that this method of the lock and keys would not work. In past situations, he found that fishermen sometimes forget to lock the gate and the general public are then allowed,toD enter. Mayor Pro-Tem Lemons stated that either the Harbor Patrol or Police Department could patrol this area for the next week or so. MOTION: Mayor Pro-Tem Lemons moved that for the immediate two weeks until the next Council Meeting, we designate a path for safe walking on the T-Pier, provide keys to the fishermen provided they sign a hold harmless clause agreement, prevent vehicular use and then proceed to investigate the extent of plywood that needs to be put down and the amount of chain link fencing that would have to be installed over the long term and come back to the Council with a report in two weeks. Councilman Anderson seconded this motion and it was carried unanimously. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 22, 1980 Page Seven E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 SONIC CABLE TV RATE STUDY. Don Guluzzy presented an agreement to Council for authorization of a maximum of $1,020 for a joint rate analysis study on Sonic Cable TV with the other SLO County cities. This amount is less than the original $1200 estimated originally and it would be to our advantage to approve it. MOTION: Councilwoman Deutsch moved that Council authorize the City Administrator to sign for the City of Morro Bay to proceed with the contract on a cable TV rate study not to exceed $1,020, which has already been previously approved up to a maximum of $1200. Mayor Pro-Tem Lemons seconded this motion and it was carried unanimously by a roll call vote. E-2 SENIORS ADDITION TO THE SENIOR CENTER Mayor Pro-Tem Lemons stated that a volunteer labor project would like to add approximately 450 square feet to the Senior Citizens Center. He suggested that the City allocate money to the Senior Citizens so they can buy materials and insurance for this project. MOTION: Mayor Pro-Tem Lemons moved that the City Council enter into an agree- ment with the Board of Directors for the Seniors to appropriate $4750 to them to buy only materials and for the necessary liability insurance policy that they will need to cover the volunteer workers. Council- woman Ward seconded the motion and it was passed unanimously by a roll call vote. E-3 UNSECURED PROPERTY TAX. Don Guluzzy stated that as a result of the recent Court decision on the 1978-79 Unsecured Roll, Morro Bay may receive the preliminary figure of $15,428. The case has been appealed so funds will not be released until after the appeal deadline has passed. E-4 EIR DECISION ON THE SIX SLIPS. Don Guluzzy stated that the Planning Commission has rejected the old EIR that existed on the six slips that were funded in the 1980-81 budget. According to Michael LeSage, the Council has the right to either determine that the existing EIR is adequate or inadequate. There was a general discussion on this matter. MOTION: Councilwoman Deutsch moved that we accept the existing EIR and submit it to the Coastal Commission and let them decide whether or not a new EIR is required. Councilwoman Ward seconded this motion and it was so carried. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 22, 1980 Page Eight E-5 TEMPORARY USE PERMIT Don Guluzzy stated that High Valley Investments dba All Seasons Fish were requesting a temporary use permit to load pipe onto a barge from his portion of the wharf. The pipe will be used for the Sewer Outfall for Pismo Beach and Arroyo Grande. If the cities cannot obtain the pipe from Morro Bay, they will be forced to get the pipe from the Los Angeles area at a much higher cost. MOTION: Councilwoman Deutsch moved that we grant a temporary use permit to All Seasons Fish and authorize the Mayor and City Clerk.to sign this permit. Councilman Anderson seconded the motion and it was carried by a unanimous vote. E-6 RESIGNATION OF CITY ADMINISTRATOR Don Guluzzy stated that he has accepted the City Manager's position with the City of Rancho Palos Verdes. October 27.will be his last week. Mr. Guluzzy stated that his decision was not due to any pressure put on him to resign from the present City Council. This is simply a golden opportunity for him. He also offered to help pre-screen applicants with Council in determining his successor. Councilwoman Deutsch asked Mr. Guluzzy if he still planned to attend the ICMA Conference. She felt strongly that the City of Morro Bay should not have to pay for the trip and convention since the City won't receive any of the benefits for this learning process. She also felt this time could be used to train and acquaint a successor to his job. Mr. Guluzzy stated that he would be attending the ICMA Conference as it was in his contract, and that he had earned the right to attend the meeting as a professional. MOTION: Mayor Pro-Tem Lemons moved that the meeting be adjourned to October 7 at 5:00 PM in City Hall to discuss the management contracts. Council- woman Ward seconded this motion and it was so carried. There being no further business, the meeting was adjourned at 11:35 PM. Respectfully submitted, DONALD F.,, Gl/ULL/�' U7�ZZY,^City �Clerk by Bonita Murray, Deputy City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING, SEPTEMBER 8, 1980 7:30 P.M., Recreation Hall Call to Order Pledge of Allegiance Invocation - Reverend Don Carey A. CONSENT CALENDAR A-1 RESOLUTION NO. 83-80, A RESOLUTION REQUESTING COUNTY SUPERVISORS TO RE -IMPLEMENT AGREEMENT WITH STATE DEPARTMENT OF WATER RESOURCES. (RECOMMEND APPROVAL) A-2 REQUEST TO REJECT INSURANCE CLAIM AGAINST THE CITY OF MORRO BAY BY HOWARD GAINES. (RECOMMEND DENIAL AND REFER TO INSURANCE CARRIER) A-3 REJECTION OF INSURANCE CLAIM BY BILL WOMACK. (RECOMMEND DENIAL AND REFER TO INSURANCE CARRIER) A-4 APPROVAL OF MINUTES FOR THE FOLLOWING COUNCIL MEETINGS: JUNE 9, 23, JULY 14, 28, 29, AUGUST 11, 25, AND EXECUTIVE MINUTES OF JUNE 14, 23, AND JULY 14, 1980. B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 179, REDEFINING VESSELS OF A COMMERCIAL NATURE. (Second(,Reading) B-2 ORDINANCE NO. 180, ESTABLISHING A CITY DOCKAGE WAITING LIST. (Second Reading) B-3 ORDINANCE NO. 182, AMENDING SECTION 17.48.270 OF THE MORRO BAY MUNICIPAL CODE ON TEMPORARY USE PERMITS. (First Reading) C. NEW BUSINESS C-1 RESOLUTION NO. 80-80, ESTABLISHING PARTICIPATION IN A DEFERRED COMPENSATION PLAN. C-2 RESOLUTION NO. 81-80, AUTHORIZING CITY ADMI14ISTRATOR TO ENTER INTO PERSONAL SERVICES CONTRACT WITH MANAGERIAL PERSONNEL. -3 GRBTNANFT' NO 184 -AMENDING PURCHASING GRE)INANGEr C-4 RESOLUTION NO. 82-80, AMENDMENT OF BROWN AND CALDWELL CONTRACT. D. PUBLIC HEARINGS', APPEARANCES W REPORTS D-1 8:00 P.M., DOWNTOWN MERCHANTS REQUEST FOR PUBLIC HEARING CONCERNING PARKING AND EXCESS SPEEDING ON MORRO BAY BLVD. D-2 8:30 P.M., DORN'S RESTAURANT VS. HARTSELL LOG CABIN. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Administrator E-3 City Attorney MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 8, 1980 Recreation Hall, 7:30 P.M. Mayor Warren M. Dorn called the meeting to order at 7:30 P.M. Lila Keiser led the pledge of allegiance. Reverend Don Carey gave the invocation. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman ABSENT: None STAFF: Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney John Bressan, Director of Public Works Angela Grenz, Environmental Engineer Al Olson, Chief of Police ,. Bonita Murray, Deputy City Clerk A. CONSENT CALENDAR A-1 Resolution No. 83-80, A Resolution Requesting County Supervisors to Re -Implement Agreement with State Department of Water Resources. (RECOMMEND APPROVAL) A-2 Request to Reject Insurance Claim Against the City of Morro Bay by Howard Gaines. (RECOMMEND DENIAL AND REFER TO INSURANCE CARRIER) A-3 Rejection of Insurance Claim by Bill Womack. (RECOMMEND DENIAL AND REFER TO INSURANCE CARRIER) A-4 Approval of Minutes for the following Council meetings: June 9, 23, July 14, 26, 29, August 11, 25 and Executive Minutes of June 14, 23 and July 14, 1980. . Don Guluzzy read the Consent Calendar to the Council members. Item A-1 has been withdrawn since there was some wording that needed to be changed. MOTION: Mayor Pro-Tem Lemons moved that we approve the Consent Calendar. Councilwoman Ward seconded the motion and it was carried unanimously. B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 179, REDEFINING VESSELS OF A COMMERCIAL NATURE. (Second reading) This ordinance will require commercial vessels to have either grossed a minimum of $5,000 during a calendar year or that the vessel had fished at least 60 days during the calendar year. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 8, 1980 Page Two Clifford Smith, Chairman of the Harbor Advisory Board, was concerned about the administration of the ordinance as written. There is no established criteria for proof of the 60 days of fishing. He felt this took "the teeth" out of the ordinance and what.it was intended to accomplish. Councilman Anderson felt that the way the ordinance now reads would not stand up in a court of law if we were challenged on it. He asked the other members of the Council to reconsider this and perhaps use the original wording in the ordinance, which stated had "sold fish for 60 days." Mayor Dorn and Councilwoman ward felt that the burden of proof would be on the fishermen as to whether or not they had fished for 60 days. Mike LeSage said that it would be diffiult to dispute that a fisherman hadn't fished for 60 days without any criteria at all. MOTION: Councilwoman Ward moved that we accept the $5,000 as the minimum gross income or that the vessel has sold fish for 60 days during a calendar year. This was seconded by Councilwoman Deutsch. On a roll call vote, this motion did not pass (Anderson - no; Deutsch - no; Dorn - no; Lemons - no; Ward - yes). Mayor Dorn felt that as long as the docks were being used, that was the purpose of the ordinance - to eliminate the deadwood. He felt we should at least try something to see if it would work. Don Guluzzy and Mike LeSage suggested a list of criteria be included in the resolution that will accompany the ordinance and explain the implementation process. At least a resolution adopting regulations is more flexible. MOTION: Mayor Pro-Tem Lemons moved that Ordinance No. 179 be read by title only. This was seconded by Mayor Dorn and passed unanimously. Don Guluzzy read Ordinance No. 179 by title only - "An Ordinance Amending Chapter 15.04.150 of the Morro Bay Munciipal Code Redefining Vessels of a Commercial Nature." MOTION: Mayor Pro-Tem Lemons moved for the adoption on second reading of Ordinance No. 179. This was seconded by Mayor Dorn. The roll call vote was Anderson - no; Deutsch - yes; Dorn - yes; Lemons - yes; Ward - no. Since there was a majority vote, the motion was passed. B-2 ORDINANCE NO.-180, ESTABLISHING A CITY DOCKAGE WAITING LIST. (Second reading) This ordinance being considered for adoption on second reading would establish an official dockage waiting list and require a $250 non-refundable deposit and states that no vessel shall occupy a slip when said vessel's length is 20 percent less than the length of the slip unless no other vessels meeting the requirements of this paragraph remain on the waiting list. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 8, 1980 Page Three MOTION: Mayor Pro-Tem Lemons moved that Ordinance No. 180 be read by title only. This was seconded by Councilwoman Deutsch and carried unanimously. Don Guluzzy read Ordinance No. 180 by title only - "An Ordinance Amending Chapter 15.32 of the Morro Bay Municipal Code to Add A New Section 15.32.020 Establishing A City Dockage Waiting List and Requirements Therefore." MOTION: Mayor Pro-Tem Lemons moved that we adopt on second reading Ordinance No. 180. Mayor Dorn seconded this and it was passed unanimously on roll call vote. B-3 ORDINANCE NO. 182, AMENDING SECTION 17.48.270 OF THE MORRO BAY MUNICIPAL CODE ON TEMPORARY USE PERMITS. (First reading) Don Guluzzy stated that this ordinance would allow the Community Development Director to administer temporary use permits. Mayor Pro-Tem Lemons said he did not agree with Section 3 of this proposed Ordinance and felt it should be withdrawn from the consideration since this is such a broad area. MOTION: Mayor Pro-Tem Lemons moved that ordinance No. 182 be amended to exclude Section 3 and that this constitutes the first reading. Mayor Dorn seconded this motion and it was passed unanimously on a roll call vote. MOTION: Mayor Pro-Tem Lemons moved that Ordinance No. 182 as amended be read by title only. This was seconded by Councilwoman Deutsch and carried unanimously on a roll call vote. Don Guluzzy read Ordinance No. 182 as amended by title only - "An Ordinance Adding Section 17,.48.270 to the Morro Bay Municipal Code." C. NEW BUSINESS C-1 RESOLUTION NO. 80-80, ESTABLISHING PARTICIPATION IN A DEFERRED COMPENSATION PLAN. Don Guluzzy stated that this resolution would authorize any employees to participate in the International City Management Association Retirement Corpor- ation Deferred Compensation Program. This program is the least costly of any in the country, it is very portable and mobile, and meets all the federal guidelines under the 1978 Revenue Act and Section 457 of the Internal Revenue Code. The only cost to the City would be for deductions to be made at payroll time for participation in the program. Mayor Pro-Tem Lemons asked if the City were to keep a record of the contributions each employee makes and furnish a statement to the employee. Don Guluzzy stated that the Deferred Compensation Fund keeps the record and sends out statements to the employee as to the current amount in their account. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 8, 1980 Page Four Mike LeSage stated that this is a nationwide plan and it is administered professionally. The City would not be liable for any loss of funds deferred to this fund. MOTION: Councilwoman Deutsch moved for approval of Resolution No. 80-80, Estabishing A Deferred Compensation Program. Mayor Dorn seconded this motion and it was passed unanimously. C-2 RESOLUTION NO. 81-80, AUTHORIZING CITY ADMINISTRATOR TO ENTER INTO PERSONAL SERVICES CONTRACT WITH MANAGERIAL PERSONNEL. Don Guluzzy went over this agreement with the Council members. This agreement would (1) secure and obtain the services of employees and provide inducement for the employee to remain in such employment;. (2) to make possible full work productivity by assuring employee's morale and peace of mind with respect.to future security; (3) provide a just means for terminating employee's services at such time as he/she may be unable to fully discharge his/her duties due to age or disability or when City may desire to otherwiseterminate his/her employ. These contracts would be for two year terms. There was a question concerning the insurance when an employee is operating their own vehicle on City business. Mike LeSage stated he would look into the liability involved and report back to .the Council. There was considerable discussion on this item and it was suggested that a workshop meeting be scheduled to discuss this in detail.. ,September 16,at 5:00 p.m. was scheduled as the time for a workshop meeting on this matter. C-3 ORDINANCE NO. 184, AMENDING PURCHASING ORDINANCE. (First reading) Don Guluzzy stated that this matter has been rescheduled to the September 22 meeting to allow he and Mike LeSage to review this proposed ordinance. C-4 RESOLUTION NO. 82-80, AMENDMENT OF BROWN AND CALDWELL CONTRACT. Lynn Hartford of Brown and Caldwell stated that they had submitted to the City a request to increase the amount of compensation for the preliminary water management plan that was completed and submitted in June. Increases to date have totalled $18,700, which include salary increases, additional items that were out of their work scope, and additional effort for the work that was planned to be done. Part of this amount is for additional work items - $7,100. Some of this cost would be grant eligible. It was their recommendation to apply for a decision on funding on all of these increased costs to see what the State Board would do in regard to funding the increase. The amendment increases the scope of our work,I creases the compensation terms of the cost for the additional efforts. They would not request a profit --they are only asking that their costs be reimbursed for these additional efforts. The $7,100 is for the total maximum build -out population for the City. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 8, 1980 Page Five Don Guluzzy stated that the money, if the City had to pay for this, would be charged to the Wastewater Treatment Plant budget, and the Water Management Plan under the capital budget. The state required that we do this Water Management Plan before we could obtain the Step III Grant Funding. Lynn Hartford said they recognized at the end of May that they were over budget. They took it upon themselves to complete the work 'because they felt the City needed the completed copy in.draft form. There was some discussion on the sub -contractor that Brown and Caldwell hired and the sub -contractor's inability to keep the time schedule agreed upon, which forced Brown and Caldwell to complete some of the tasks to keep the project on schedule. Mike LeSage.stated that the Council can approve the following amounts: $6,000 to complete the study, $3,000 for extra meetings requested by the Council, and $1,000 that the contract authorizes for salary increases. The total the Council can authorize is $10,000. Mike LeSage further stated that the strict contract terms say that Brown and Caldwell must come in advance of any budget overruns for Council approval. MOTION: Mayor Pro-Tem Lemons moved that Council approve the payment of the amount to the contract to pay for the salary increases ($1,000), the extra meetings requested by Council ($3,000), and the work necessary to complete the report ($6,000), and that we delete Task 15 which is the $7,100 item for the build -out study, and that we submit the other cost increases to EPA with a request that they be funded. Mayor Dorn seconded the motion and it was carried unanimously by roll call vote. Lynn Hartford said he would assist the City staff in writing a letter to the State. Tom Sheahan of Brown and Caldwell stated that the VRM proposal is 40 percent complete and should be in final form by October 3, 1980. D. PUBLIC HEARINGS, APPEARANCES & REPORTS D-1 8:00 P.M., DOWNTOWN MERCHANTS REQUEST FOR PUBLIC HEARING CONCERNING PARKING AND EXCESS SPEEDING ON MORRO BAY BLVD. Don Guluzzy stated that Staff had received a request from the Downtown Merchants to hold a public hearing on the parking situation and excess speeding on Morro Bay Blvd. Staff would recommend holding a public hearing but request that staff have a chance to review the matter and report back to the Council with our findings. Several individuals from the community gave their views on why they felt a public hearing should be held on this matter - parking is a problem for local businesses, motorists fail to yield the right-of-way, inability of pedestrians to cross the stree, and school children must cross this street to attend classes. MINUTES-.MORRO BAY CITY COUNCIL Regular Meeting - September 8, 1980 Page Six A representative of the Downtown Merchants Association submitted petitions that have been signed by concerned individuals regarding this problem. The petition was read into the record - "Due to the need for revitalization in the downtown area and adverse consumer reaction to the red parking zones, we the undersigned citizens.... Request that the parking spaces now painted red in the downtown area be returned to the public for their expedience. We feel that one year has been sufficient time to test this concept!!!!" Betty Floercky from the Chamber of Commerce felt that the red parking spaces may be advisable from a safety standpoint; however, the Board of Directors felt there was no uniform application in placing these red zones and felt all areas should be done in -the same concise manner. Al Schwartz felt there are two major problems in -the downtown area. (1) The past Council...removed 14-16 parking spaces with the intention of increasing visibility. (2) There is unsafe crossing for senior,.citizens and school children and stressed that the crucial area is.Napa and Morro Bay Blvd. He suggested that a stop sign be placed there to control traffic flow and cut down on excessive speeding. He submitted information he had received from Cal Trans regarding crosswalks and traffic signals. John Bressan briefly went over the standards used to determine the length of the'red parking zones. Al Olson mentioned that as soon as the radar equipment was returned from repair, they would locate a car on Morro Bay Boulevard to alleviate the speeding problem. Mayor Pro-Tem Lemons asked staff when they would have a report completed on .this subject. Don Guluzzy suggested that the matter should be set for the first meeting in October. MOTION: Mayor Pro-Tem Lemons moved that a public hearing be scheduled for October 13, 1980 on the red parking zones and excessive speeding on Morro Bay Boulevard. Councilwoman Deutsch seconded this motion and it was carried unanimously by all present. D-2 8:30 P.M., DORN'S RESTAURANT VS. HARTSELL LOG CABIN Mayor Dorn and Rodger Anderson excused themselves from this portion of the meeting due to personal interests on this matter. Mike LeSage stated that Dorn's Restaurant had applied for the required permits on the location of..the garbage containers. This.matter will be heard before the Planning,Commission. The other minor building violations have been. corrected. Mayor Pro-Tem Lemons asked if the Council was required to make any decisions tonight since the matter will be heard before the Planning Commission. Mike LeSage stated that the matter should be.heard first before the Planning Commission and no decision should be made tonight by the Council. Mike also stated that we did have a letter from Dr. Mitchell of the Health Department stating that there are no code violations. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 8, 1980 Page Seven Mike Krout, attorney for the Hartsell's, said that this matter has been going on -since June, 1979 and felt the purpose of this meeting was to decide whether the City was going to consider an abatement hearing on.the use and location of the dumpsters. Mr. Krout stated that the continued delays by Dorn, the noise, odor and lack of cooperation would suggest an abatement hearing. He also felt that a health code violation does occur. Mike LeSage stated that the problem has existed since April, 1977. In reference to Mr. Krout's claim of a health code violation, in a letter received from Dr. Mitchell on December 13, 1979, it clearly states there is no health code violation. on the abatement issue, Mike asked what this action would accomplish. The courts would let the Planning Commission make the decision. He suggested that Dan Dorn apply for the required permits, which he has done, and be heard before the Planning Commission. Iry Peterson, attorney for Dan Dorn, said he did not come prepared to present testimony at this time since it was not going to be a hearing as all the required forms had been submitted. He felt things should go through the proper channels. Eugene Shelton spoke on this matter and felt that an abatement hearing should be held on this matter since the Hartsell's have requested for some time that the ordinances be upheld. MOTION: Councilwoman Deutsch moved that this matter be delayed until the Planning Commission has heard the Dorn application and give Council direction on how we should proceed. Councilwoman Ward seconded this motion and it was passed unanimously on a roll call vote. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 Don Guluzzy stated that Bill George had inspected the.T-Pier, which is in very bad repair. The City would be held liable for any'accidents if they, occur. Based on this inspection, the T=Pier has been closed under the Health Safety Clause and it will be fenced off. _ E-2 Murrel Crump has been appointed to the position of community development director and will be starting his new job on October 6. E-3 Don Guluzzy stated that finance director applications will close on September 25. We have asked the County if there is anyone available under the Executive Loan Program to aid us until such time as a permanent finance director can be named. Bill Pierotti from the County has agreed to help us until a permanent finance director isi.on-board. If this presents no problems with the Council, we will have Mr. Pierotti begin on September 15. This will allow us to have more continuity in our office. E-4 Don Guluzzy stated that the bid specifications for the community promotion program have been submitted -to -the -Council -for -.review...- If there are no — — roblems or objections to this we will p 3 proceed. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 8, 1980 Page Eight E-5 Don Guluzzy went over an update of bills that have passed the House in the last rush as outlined by the League of California Cities bulletin. A request for a letter to be prepared for the Mayor's signature on AB 2750 was agreed upon by all members present. E-6 Mike LeSage requested an executive session to discuss potential litigation on the Tidelands-T-Pier matter. E-7 As an item of general interest, Chevron USA has withdrawn their request for using the pipeline for toxic waste materials. E-8 The Recreation Commission would like financial help on buying a tree and plaque for dedication to Del Payne. Ceremonies will be held on September 26 and thecost would not exceed $125. MOTION: Councilwoman Deutsch moved that we allocate funds for the purchase of a tree and plaque in the memory of Del Payne. The total amount is not to exceed $125. This was seconded by Mayor Dorn and carried unanimously. MOTION: Mayor Pro-Tem Lemons moved that we adjourn the meeting to an executive session. This was seconded by Councilwoman ward and so carried. The meeting was adjourned to executive session at 11:35 P.M. Respectfully submitted, DONALD F. GULUZZY, City Clerk ,,�, by Bonita Murray, Deputy City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING - August 25, 1980 7:30 P.M., Recreation Hall Call to Order Pledge of Allegiance Invocation A. CONSENT CALENDAR A-1 1980/81 FISCAL YEAR TRANSPORTATION DEVELOPMENT ACT ANNUAL CLAIM. (RECOMMEND APPROVAL) A-2 USE PERMIT REQUEST BY LION'S CLUB TO SELL ALCOHOL AT KEISER PARK AUGUST 29 - SEPTEMBER 1, 1980. (RECOMMEND APPROVAL) A-3 EXPENDITURE REPORTS FOR JUNE AND JULY, 1980. (RECOMMEND APPROVAL) A-4 APPOINTMENT OF CITY TREASURER. (RECOMMEND APPROVAL) A-5 RESOLUTION NO. 76-80, A RESOLUTION HONORING SENATOR ROBERT P. NIMMO. (RECOMMEND APPROVAL) B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 179, which redefines "vessels of a commercial nature." First reading. B-2 ORDINANCE NO. 180, which will establish an official city boat slip waiting list. First Reading. 3, 8RBINtdieEiI . lm2, alo di-neitee-ameed-i*.:s ;r nr «ie-44.Bay . picipal Coda b. ]�P( ri /� C. NEW BUSINESS C-1 COMMISSION APPOINTMENTS. C-2 RESOLUTION ADOPTING A PARK NAMING POLICY. C-3 RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION REGARDING STOCKING PARK PROPERTY DEDICATION. C-4 RESOLUTION NO. 77-80, AUTHORIZE J. M. MONTGOMERY ENGINEERS TO CONDUCT VALUE ENGINEERING WORKSHOP FOR CITY OF MORRO BAY. D. PUBLIC HEARINGS, APPEARANCES AND REPORTS D-1 8:00 P.M., APPEAL OF USE PERMIT - Philip W. Fritch. D-2 8:15 P.M., APPEAL OF GLADYS WALTON. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Administrator E-3 City Attorney MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - August 25, 1980 Recreation Hall, 7:30 P.M. Mayor Dorn called the meeting to order at 7:30 P.M. Al Olson, Chief of Police, led the pledge of allegiance. Reverend Whaley gave the invocation. ROLL CALL PRESENT: Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman Herminia Ward, Councilwoman ABSENT: None STAFF: Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney John Bressan, Director of Public Works Bill George, Acting Community Development Director Ann McKibbin,'Administrative Assistant Al Olson, Chief -of Police Mary Sanders, Recreation Director Bonita Murray, Deputy City Clerk A. CONSENT CALENDAR A-1 1980/81 Fiscal Year Transportation Development Act Annual Claim. (RECOMMEND APPROVAL) A-2 Use Permit Request by Lion.'s Club to Sell Alcohol at Keiser Park August 29 - September 1, 1980. (RECOMMEND APPROVAL) A-3 Expenditure Reports for June and July, 1980. (RECOMMEND APPROVAL) A-4 Appointment of City Treasurer. (RECOMMEND APPROVAL) A-5 Resolution No. 76-80, A Resolution Honoring Senator Robert P. Nimmo. (RECOMMEND APPROVAL) Don Guluzzy read the Consent Calendar to the members of the Council. Item A-3. Councilwoman Deutsch asked if the expenditures are the budgeted amounts approved earlier and if the totals were a representative figure::. Don Guluzzy stated that the amounts were approved and these figures are correct for this time of year. He also stated that figures are generally higher during the summer months in such areas as Recreation and Public Works. Councilwoman Deutsch was concerned that we may not have budgeted enough money and be over budgete before year-end. Don Guluzzy stated that staff would come back to Council for approval if this were the case. MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL - August 25, 1980 Item A-3. Howard Gaines had a question on Vouchers 44954 and 5479, which were on the Beach Street Bluff Stabilization Program. Don Guluzzy, John Bressan and Tom McGonagill all gave a brief summary on these vouchers. The work on this project is 90% complete and 90% of the performance bond required was returned to the contractor. It is not certain if more crib work may be needed on this project which is why it has been delayed slightly. Mr. Gaines also requested information on Special Legal Services for Michael LeSage, which Mike LeSage explained. Item A-5. Howard Gaines objected to this resolution since he felt it was partisan and the Council was elected to represent all of the people.. He did not believe 100% with Senator Nimmo's views. Item A-5. Lila Keiser felt Senator Nimmo represents all of us and hoped that the City Council would be courteous enough to honor him with this resolution. Item A-2. Bob Meyers questioned the policy on use permits. Don Guluzzy stated that all use permits are granted by the City Council. MOTION: Mayor Pro-Tem Lemons moved for approval of the Consent Calendar. Councilwoman Ward seconded the motion and it was carried unanimously by a roll call vote. B. UNFINISHED BUSINESS. B-1 ORDINANCE NO. 179, WHICH REDEFINES "VESSELS OF A COMMERCIAL NATURE." First reading._ Don Guluzzy stated that this ordinance would define a commercial vessel as grossing $5,000 or sold fish.for at least 60 days of the calendar year. The Harbor Advisory Board has approved this. Clifford Smith said this is the most lenient definition of any harbor in California. He gave examples of what other harbors are doing. L. Shutner disagreed with the 60 days sold fish since you don't always get fish tickets every time you go out. John Bressan went over the resolutions that would be introduced when this ordinance is passed, which would give all commercial fishermen a year to meet these qualifications before any implementa- tion. There was considerable discussion on this from the public. Mayor Dorn asked staff if the slips passed by the Council would be built'this'year. John Bressan said there are six slips budgeted and they now hoave to pass the Coastal Commission and obtain the required permits. We may not be able to have these built this 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - August 25, 1980 Page Three year. Mayor Dorn did not like the idea of vessels working but unable to make the 60 days sold fish requirement without a slip. Councilman Anderson mentioned that this ordinance was an attempt to draw a compromise between boats actually working and not producing a great income. Obviously, $5,000 combined with the expense is a very lenient bottom line. with maintenance, boat repairs, painting, and fuel expenses, if they aren't making the $5,000 limit, they are in a serious predicament. Bea Martin asked how many commercial boats are in Morro Bay and the number of slips available. Clifford Smith said that the number of commercial licenses is 186 and 50% of these would probably fall within this working definition. There was great discussion on an alternate way of verifying how many days a vessel has been out working. Some of the suggestions were fuel receipts, a log kept with the harbor master, etc. There was also discussion on an appeal process - if it was to go before the Harbor Advisory Board or the City Council. Michael LeSage stated that the following could be written into the ordinance which would give an appeal process and instill some flexibility into the ordinance. "On showing of good cause and on presentation of good evidence of commercial use, the Harbor Advisory Commission may allow departures from this standard if it deems that applicant is a commercial fisherman. The City Council from time to time may establish standards on this use." Mayor Pro-Tem Lemons asked if the wording in the ordinance were to change the words "sold fish" to "fished" would help? Michael LeSage stated that this would give the ordinance more flexibility and you can then define what "fishing" means --fuel tickets, fish tickets, etc. MOTION: Mayor Pro-Tem Lemons moved that Ordinance No. 179 be adopted on first reading with the words "sold fish" struck out and replaced with the word "fished." Councilwoman Deutsch seconded this motion. On roll call vote, Councilman Anderson objected to this but it was carried on a majority vote. MOTION: Mayor Pro-Tem Lemons moved that Ordinance No. 179 be read as amended by title only. Mayor Dorn seconded this motion and it was carried unanimously by roll call vote. Don Guluzzy read Ordinance No. 179 by title only - An Ordinance Amending Section 15.04.150 of the Morro Bay Municipal Code Redefining Vessels of a Commercial Nature. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - August 25, 1980 Page Four B-2 ORDINANCE NO. 180, WHICH WILL ESTABLISH AN OFFICIAL CITY BOAT SLIP WAITING LIST. First reading. Don Guluzzy summarized this ordinance. This is a re -draft from a previous ordinance and states that an official waiting list for slip spaces will require a non-refundable deposit of $250, which deposit shall apply toward a portion of the first six months rent on the dock space. MOTION: Mayor Dorn moved that Ordinance No. 180 be read by title only. This was agreed unanimously by all Council members present and so ordered. Don Guluzzy read Ordinance No. 180 by title only - An Ordinance Amending Chapter 15.32 of the Morro Bay Municipal Code to Add A New Section 15.32.020 Establishing A City Dockage Waiting List and Requirements Therefor. MOTION: Councilwoman Deutsch moved that we accept on first reading Ordinance No. 180. Councilwoman Ward seconded this motion and it was carried unanimously on roll call vote. B-3 ORDINANCE NO. 182, AN ORDINANCE AMENDING THE MORRO BAY MUNICIPAL CODE BY DELETING EXISTING SECTION 17.48.260 AND ADDING A NEW SECTION 17.48.260 REGARDING TEMPORARY USES. First reading. Don Guluzzy stated that this item had been pulled from the agenda and rescheduled for a future meeting at the request of the Planning Department. C. NEW BUSINESS C-1 COMMISSION APPOINTMENTS. Don Guluzzy stated there are a number of positions on the various boards and/or committees that the Council needs to appoint. They have all been posted the required number of days in compliance with the Maddy Act. There are two positions on the Parks and Recreation Commission that Council filled on an interim basis: Lila Keiser and Robert Meyers. Al Paul had submitted his resigna- ton, which the Council had not accepted, and his appointment needs to be reaffirmed on the Planning Commission. MOTION: Mayor Dorn moved to appoint Lila Keiser and Robert Meyers to the vacancies on the Parks and Recreation Commission. Mayor Pro-Tem Lemons seconded this motion and it was so carried. - MOTION: Since Al Paul resigned his position primarily for our convenience, Mayor Pro-Tem Lemons moved that we reaffirm his position on the Planning Commission. Councilwoman ward seconded this motion and it was so carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - August 25, 1980 Page Five MOTION: Mayor Pro-Tem Lemons moved that Donald Opperman be approved to serve on the Planning Commission. This was seconded by Councilman Anderson and so carried. C-2 RESOLUTION ADOPTING A PARK NAMING POLICY. Don Guluzzy read the entire resolution to the audience and council members. Howard Gaines was concerned that by establishing this policy it allows you to change the name of a park at a later date. He also did not like item number three under the exceptions - that a person must have been deceased for more than two years before the City Council can decide whether or not they have contributed to the value of the City. Cathlene McWilliams stated that she felt the names of the parks should be named after something in nature - such as Mockingbird Park. Mayor Pro-Tem Lemons felt that this item was probably a result of the prior Council asking for direction. He suggested that this item be rescheduled until such time as the reason for this policy is ascertained and brought back to Council at that time. C-3 RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION REGARDING STOCKING PARK PROPERTY DEDICATION. Don Guluzzy stated that the Parks and Recreation Commission has recommended that the Council accept the Stocking Park Property Dedication on the condition that an agreement be executed between the homeowners association of that facility and the City to share all maintenance expenses on that property. All the required permits to establish a park have been obtained. Councilman Anderson asked if it is normal procedure for the City to assume the maintenance of a parking lot, picnic area and restrooms. John-Bressan said that we are very fortunate when something like this is dedicated that we only have to do part of the maintenance. MOTION: Mayor Pro-Tem Lemons moved that we accept the dedication and maintenance as recommended by the Planning Commission. This was seconded by Councilman Anderson and carried unanimously. C-4 RESOLUTION NO. 77-80, AUTHORIZE J. M. MONTGOMERY ENGINEERS TO'CONDUCT VALUE ENGINEERING WORKSHOP FOR THE CITY OF MORRO BAY. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - August 25, 1980 Page Six Don Guluzzy stated that we have negotiated a draft contract with J. M. Montgomery Engineers to conduct a workshop for us regarding the design being prepared by the firm of Brown and Caldwell. The City's share of the cost is $4,200 since part of the expense will be covered under a grant. MOTION: Mayor Pro-Tem Lemons moved that we approve Resolution No. 77-80 and authorize J. M. Montgomery Engineers to conduct value engineering workshop for the City. This was seconded by Councilwoman Deutsch and carried unanimously on a roll call vote. D. PUBLIC HEARINGS, APPEARANCES AND REPORTS D-1 8:00 P.M., APPEAL OF USE PERMIT - PHILIP W. FRITCH. Don Guluzzy went over the background information on this matter. On July 21, 1980, the Planning Commission approved a 'Conditional Use Permit to allow jewelry manufacturing use with the following conditions: (1) the garage remains available for parking of cars for the existing residence; (2) that.a four space parking lot with appropriate landscaping improvements be installed; and (3) that curb, gutter and sidewalks be constructed between the alley and where the current sidewalk terminates by the garage along Bernardo Street. Mr. Fritch is appealing items (2) and (3) of this Conditional Use Permit. Mr. Fritch stated that he wished to add 100 square feet to the building to be rented out as an office space and felt that additional parking space was not needed. In order to comply with allof the conditions of the use permit, it would cost Mr. Fritch approximately $4,000. There was considerable discussion on the use of the residence/business as it now exists and a future office building space to be rented.' MOTION: Councilwoman Ward moved that we deny Mr. Fritch's request for the reasons that the Planning Commission has worked extremely hard to try to upgrade the City. If Mr. Fritch has a problem financing, I also move that we extend the time period for the upgrading of the curbs, gutters and sidewalks for six months and have Bill George grant whatever permits are necessary. Councilman Anderson seconded this and it was passed unanimously. D-2 8:15 P.M., APPEAL OF GLADYS WALTON. Don Guluzzy stated that Mrs. Walton is appealing the staff decision to fully comply with the landscaping conditions required by the Planning Commission as part of her variance to construct a parking lot at the corner of Main and Shasta Streets. The Coastal Commission required Mrs. Walton to have this parking lot as part of her condition of approval. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - August 25, 1980 Page Seven Mrs. Walton stated that she just wanted to put in plants to make the landscaping beautiful. She would like a water meter to enable her to water the plants she anticipates installing. There was a lengthy discussion on this item and questions were asked as to the amount of time it would take to establish plants so the environment would be able to take care of them instead of a continuous water source, the purpose of the parking lot, and the possibility of installing a locked meter on the property. MOTION: Councilwoman Deutsch moved that we delay any decision on this for a period of 30 days until we receive the covenant so everything can be completed in a legal manner. This was seconded by Councilwoman Ward and so carried. E. INDIVIDUAL ITEMS OF DETERMINATION AND/OR ACTION E-1 RESOLUTION NO. 80-80, A RESOLUTION ESTABLISHING A DEFERRED COMPENSATION PLAN. Don Guluzzy recommended that the City participate in the ICMA Deferred Compensation Program. This is a voluntary program on the part of City employees and it allows deferral of their taxable income up to a maximum of $7500 or 25% of their total compensation, whichever is less. Mayor Pro-Tem Lemons said he wasn't prepared to give approval at this meeting and would like time to review it. He suggested this be brought.up for approval at the next meeting, which was agreed upon by all present. E-2 RESOLUTIONS NO. 79-80 AND 78-80, HONORING SOUTH BAY FIRE DEPARTMENT AND THE CALIFORNIA DEPARTMENT OF FORESTRY. Don Guluzzy recommended that these resolutions be approved as supporting the efforts of these two departments and in assisting us in putting out the fire in Morro Bay State Park on August 15, 1980. MOTION: Mayor Pro-Tem Lemons moved that council approve Resolutions 78-80 and 79-80. Councilwoman Ward seconded the motion and it was so carried. E-3 PROPOSED U.S. NAVY STORM DRAIN. Don Guluzzy stated that it was the U.S. Navy's intention to install a 48 inch storm drain from their storage facilities near Whidbey Street and Panorama Drive via Whidbey Street and Tide Avenue to a discharge point in No Name Creek, and dedicate it to the City. However, the contractor came in with an estimate that was 400% over their engineers estimate. They have asked the MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - August 25, 1980 Page Eight City to take over the project. They will deposit $100,000 in an escrow account for the City against the cost of construction and construction engineering. Staff recommends taking over this project as this would enhance our, storm drain system. John Bressan stated that this project would be taking the excess water off the street surface and put it underground. MOTION: Mayor Pro-Tem Lemons moved that the City staff proceed with negotiations with the U.S. Navy for installation of a storm drain. This was seconded by Councilwoman Deutsch and so carried. E-4 Michael LeSage requested that Council make the executive meeting minutes of July 14 public. This will defuse statements being made that negotiations might have occurred at this meeting. Council agreed to this but did feel they weren't obligated to do it. E-5 Mayor Dorn expressed his concern that the County Board of Supervisors changed the urban reserve line and did not even accept into record our letter to the Board. E-6 Mayor Pro-Tem Lemons requested a quarterly study session on the budget to enable Council to be informed and up-to-date on where we stand. Don Guluzzy stated this was an excellent suggestion and one he had recommended to Council during budget preparation time. E-7 Mayor Dorn stated that he had met with Congressman Panetta and Congressman Bergner who have promised to help Morro Bay with funds to repair/rebuild the T-Pier. Mayor Dorn felt that the City would have better control of the Pier if we repaired it ourselves and made it available for public use. Congressman Panetta would like some direction from this Council to explore this potential and the monies available in either grant or federal form. Don Guluzzy gave a brief report on his August 14 meeting with the Coastal Conservancy. They have given concept approval to a $6.5 million program for a harbor restoration plan. Peter Grenell, Coastal Conservancy, requested that the T-Pier be made a priority item. Mr. Guluzzy suggested that we postpone any action on the T-Pier at this time until staff has an opportunity to meet with Mr. Grenell again. E-8 Mayor Dorn stated that the $675,000 for the revetment of the harbor is presently before the Senate and there seems to be a good possibility that it will be passed. • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - August 25, 1980 Page Nine E-9 Don Guluzzy gave a report on his meeting with'the Water Resource Board in Sacramento on August 21. He mentioned his concern to have the Wastewater Treatment Plant upgraded from a "C" category to a "B" category. Any political support for this project from Council to the State Water Resources Board will be appreciated. MOTION: Councilman Anderson moved that the meeting be adjourned. This was seconded by Councilwoman Ward and so carried. The meeting was adjourned at 10:40 P.M. Respectfully submitted, DONALD F. GULUZZY, City Clerk by Bonita Murray, Deputy City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING - August 11, 1980 Morro Bay Recreation Hall Call to Order Pledge of Allegiance A. CONSENT CALENDAR A-1 REQUEST FOR APPROPRIATION FOR DRAPERY - RECREATION BUILDING. (RECOMMEND APPROVAL) A-2 1980-81 HANDICAP TRANSIT BUDGET (REVISED). (RECOMMEND APPROVAL) A-3 CLAIM AGAINST THE CITY OF MORRO BAY BY RAFAEL A. RIVERA FOR PERSONAL INJURIES BY MORRO BAY POLICE DEPARTMENT PATROL VEHICLE. (RECOMMEND DENIAL OF CLAIM AND REFER TO INSURANCE CARRIER) B. NEW BUSINESS B-1 ORDINANCE NO. 182, AN ORDINANCE AMENDING THE MORRO BAY MUNICIPAL CODE BY DELETING EXISTING SECTION 17.48.260 AND ADDING SECTION 17.48.260 REGARDING TEMPORARY USES. B-2 RESOLUTION NO. 75-80, REPLACEMENT OF PLECTRONS WITH RADIO PAGERS FOR FIREFIGHTERS. C. PUBLIC HEARINGS, APPEARANCES AND REPORTS C-1 7:45 P. M. - POLICY ALTERNATIVES FOR COMMUNITY PROMOTION ACTIVITIES. C-2 8:00 P.M. - CONSIDERATION OF RESOLUTION OF T-PIER ISSUE. C-3 8:15 P.M. - BAY AMBULANCE REQUEST FOR RATE INCREASE. C-4 8:30 P.M. - CITY ADMINISTRATOR'S REQUEST FOR CABLE TV RATE ANALYSIS WITH CITY OF SLO AND FUNDING THEREFOR. C-5 8:45 P.M. - DORN'S RESTAURANT VS. HARTSELL LOG CABIN. , D. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator E 0 MINUTES - MORRO Regular Meeting Recreation Hall The meeting was Al Olson led the invocation. ROLL CALL BAY CITY COUNCIL - August 11, 1980 7:30 P.M. called to order by Mayor Pro-Tem John Lemons. Pledge of Allegiance, and Rev. Paul Deere gave the PRESENT: John Lemons, Councilman Rodger Anderson, Councilman Dorothea Deutsch, Councilwoman Herminia Ward, Councilwoman ABSENT: Warren Dorn, Mayor STAFF: Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney Al Olson, Chief of Police Ann McKibbin, Administrative Assistant John Bressan, Director of Public Works Keith Gurnee, Community Development Director Tom McGonagill, Director of Administrative Services Bernie Zerr, Fire Chief William George, Building Inspector Joe O'Hagan, Coastal Planner Bonita Murray, Deputy City Clerk A. CONSENT CALENDAR A-1 Request for appropriation for drapery - Recreation Building. (Recommend Approval). A-2 1980-81 handicap transit budget (Revised). (Recommend Approval) A-3 Claim against the City of Morro Bay by Rafael A. Rivera for personal injuries by Morro Bay Police Department patrol vehicle. (Recommend Denial of claim and refer to insurance carrier). Donald Guluzzy read the Consent Calendar to the Council members. MOTION: Councilman Rodger Anderson moved that the Consent Calendar be approved. Councilwoman Herminia Ward seconded the motion and it was unanimously carried by roll call vote; Mayor Warren Dorn being absent. NEW BUSINESS B-1 ORDINANCE NO. 182, AN ORDINANCE AMENDING THE MORRO BAY MUNICIPAL CODE BY DELETING SECTION 17.48.260 AND ADDING SECTION 17.48.260 REGARDING TEMPORARY USES. MINUTES - MORRO BAY # COUNCIL • Regular Meeting - August 11, 1980 Page Two Councilman Anderson did not feel merchandise at garage sales could effectively be displayed, in all cases, on the rear one-half of the lot. Mr. Gurnee stated that this is in the current version of this ordinance. Councilman Anderson felt a two week limitation on•the temporary refrigeration facilities might not be enough during fishing season. Bill George stated that in the past, refrigeration trucks have been left for months. It was determined that two weeks was adequate. If more time is needed, due to a longer fishing season, a reqxest can be made to the Planning Commission for an extension. Councilman Anderson asked if a separate source of power was needed. It was stated this way in order to avoid diesel engines. It was determined by all present that this Ordinance would be continued for first reading to the next meeting with the applied amendment in the garage sale section. B-2 RESOLUTION NO. 75-80, REPLACEMENT OF PLECTRONS WITH RADIO PAGES FOR FIREFIGHTERS. Don Guluzzy stated that the total price of the 20 plectron units is $6,000 from Motorola. The funds for this would be transferred from the contingency reserve fund and would eliminate the need for utilizing sirens in the city for callingout the firefighters. Councilman Anderson felt the pagers were very worthwhile for the permanent staff, but questioned the need of these units for the reserves. .Bernie Zerr stated it is important when a fire does occur to have the personnel to flight it. The current units being used must be plugged into an electrical outlet and cannot be carried with an individual if they leave the house. It is essential that we have a backup. Also, some people have complained about the sirens and the personnel who live north of Sequoia can't always hear the siren. P.G.&E. will be installing sirens soon for an early warning of any trouble at Diablo Canyon. Councilman Anderson was concerned about the effectiveness of the pagers as many of them may forget to take them. Bernie Zerr stated they have 2-3 unscheduled practice drills a month so everyone is on the alert. A citizen from the audience said she felt the expense of $6,00 compared to anyone's life is very important. MINUTES - MORRO BAY C* COUNCIL • Regular Meeting - August 11, 1980 Page Three MOTION: Councilwoman Deutsch moved that Resolution 75-80 be passed. This was seconded by Councilman Anderson and carried unanimously by roll call vote; Mayor Warren Dorn being absent. C. PUBLIC HEARINGS, APPEARANCES AND REPORTS C-1 COMMUNITY PROMOTION ACTIVITIES. Don Guluzzy stated that some direction from Council is needed to determine what type of bid specification they would like staff to follow. Councilwoman Ward asked if any contacts had been made at Cuesta or Cal Poly for help? No contacts had been made since staff was not certain of the direction to take. MOTION: Councilwoman Ward moved for the adoption of staff's recommendation for the community promotion activities but in addition that staff contact both Cuesta and Cal Poly to ascertain if they would like to participate or submit a bid, which is to be for the full amount. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. Mayor Lemons stated that the next step is for staff to prepare a bid proposal for Council's approval according to Measure A. After this has been done, then a request for bid is released. C-2 CONSIDERATION OF RESOLUTION OF T-PIER ISSUE. Mike LeSage gave a brief background sketch on this problem (see Exhibit A) and staff's recommendation for resolution of this problem. However, Council can elect to change or dispose of the proposal entirely. Mayor Lemons stated that since this was such an important issue, Council would digest Mr. LeSage's comments and the public's comments and make a decision at a later meeting. Several people from the audience (Joe Giannini, Jody Giannini, Ron Baker, William Grunler, Howard Gaines, Ross Newcurt, Dick Sylvester) felt that Brebes was in default of their lease, the City should take it over. They wanted Morro Bay to retain the charm that exists and not become another Newport Beach or Laguna Beach and felt a performance bond and financial statements should be required of Brebes. They were also concerned about the size of the slips. Reg Whibley gave a brief background on the problem. There will be 20 slips 55 feet long and 10 slips 35-40 feet long, the community will get a pier it doesn't cost them anything, a 138 foot unloading platform, $60,000 of restroom facilities with showers, realignment of the parking. The Planning MINUTES - MORRO Regular Meeting Page Four BAY LO COUNCIL • - August 11, 1980 Commission and the Harbor Advisory Committee have approved the plan. The charge to the fishermen would be $2.25 per foot a holding. The slips will totally be under Mr. Whibley's control and the pier under Dr. Hittle's control for sport fishing. Charles Ogle, one of the principal's in Brebes, went over their position and also stated he would submit a formal letter on their views. Councilwoman Deutsch requested the financial statements of Brebes and Reg Whibley. Otherwise, she felt a 100% performance bond would be required. Since all comments from the public had been heard, Mayor Pro-Tem Lemons called a five minute recess. C-3 BAY AMBULANCE RATE REQUEST. Don Guluzzy gave a brief background on the proposed rate increase. He stated that staff recommends elimination of the subsidy payments and approve their proposed rate increase as stated in their February, 1980 letter. Councilwoman Deutsch stated she had met with Bill'Barker of Bay Ambulance and went over his books. 'It turned out that Bay Ambulance d'id not make a profit last year as previously thought. She commended the company as doing an outstanding job. The rates charged are slightly lower than the average charged. She stated that we are in a "Catch 22" situation. The County -decided not to pay for dry runs and Bay Ambulance receives only about 50% of his billed accounts in full payment. Bay Ambulance could elect not to go on any dry runs, which Councilwoman Deutsch felt would be a -health hazard. Since we are already into eight months of Bay Ambulances fiscal year, she suggested that we agree to the existing rates for the balance of the year and have Bay Ambulance furnish us with a certified audit at the end of their fiscal year. At that time, we will adjust the rates or subsidy. Bernie Zerr stated that if Bay Ambulance was not in town when an emergency did arise, the Fire Department would be available to take these cases. Councilwoman Deutsch said she had taken the liberty of asking two other ambulance companies if they would be interested in bidding on this. No one even wishes to bid until the present contract runs out. A citizen was concerned about the quality of care. It was stated that approval had been granted for all EMT Ts be trained. As a result, ambulance drivers would be trained to give better quality service. MOTION: Mayor Lemons moved to approve the staff recommendation of approving the rates to Bay Ambulance as stated in their February, 1980 letter, cancel the subsidy, try to negotiate a contract directly instead of through the county, and require a certified audit at the end of their fiscal year. This was seconded by Councilwoman Ward. On a roll call vote, it was carried with Lemons, Ward and Deutsch in agreement and Anderson abstained; Mayor Warren Dorn absent. Councilwoman Deutsch wanted to be sure that there would be no gap in service. MINUTES - MORRO BAY CJ&Y COUNCIL Regular Meeting - AuW 11, 1980 Page Five C-4 CABLE TV RATE ANALYSIS. Don Guluzzy stated that since AB 699 has passed, Sonic Cable TV has requested a rate increase. Staff recommends that Council approve an appropriation not to exceed $1200 as our cost -share for conducting a rate analysis in conjunction with the other affected cities in San Luis Obispo County (San Luis Obispo, Grover City, Arroyo Grande, Pismo Beach, Morro Bay). Councilman Anderson said what concerns most people is the poor quality of service we are receiving. It was stated that this would also be an area of concern. MOTION: Councilman Anderson moved that we support staff's recommendation for a rate analysis of Sonic Cable TV at a cost not to exceed $1200, to be transferred from the contingency reserve appropri- ation. Councilwoman Deutsch seconded this motion and it was carried unanimously on a roll call vote. C-5 DORN'S RESTAURANT VS. HARTZELL'S LOG CABIN Don Guluzzy asked for Council's guidance on this zoning matter regarding the controversy between Dorn's Restaurant and Hartzell's Log Cabin. Mike LeSage stated that Dan Dorn had submitted a letter (see Exhibit B) asking for a postponement of this matter since both he and his attorney are out of town. Mike reiterated that Council give staff direction. However, he felt both parties should be represented. Bill George stated that the previous Council requested Dorn to apply for a permit on the ice machine and dumpster. To date, they have not applied for these permits. Mayor Lemons suggested that this matter be set for hearing on September 8, 1980 and Dorn's immediately correct the safety hazards. Council members were in full agreement. D. INDIVIDUAL DETERMINATION AND/OR ACTION D-2 CHEVRON, U.S.A., REQUEST TO USE EXISTING PIPELINES TO PUMP TOXIC !BASTE CHEMICALS ON -SHORE. Don Guluzzy presented Chevron's request (see Exhibit C) to use existing pipelines to pump toxic waste chemicals on -shore. As an informational point only, Keith Gurnee had responded to this request outlining the guidelines to follow for such an application. D-1 COASTAL CONSERVANCY MEETING TO BE HELD AUGUST 14, 1980. Peter Grenell of the Coastal Conservancy stated they are involved in funding cities like Morro Bay from money allocated by the legislature. Two requests MINUTES - MORRO BAY Cj&Y COUNCIL Regular Meeting - AuM. 11, 1980 Page Six • will come before the Coastal Conservancy on Thursday -- 1. the overall Harbor Plan, and; 2. the Marina Street End platform observation deck and hoist. Mr. Grenell went over both proposals. following: 1. Tidelands Park, 2. Improvement of public access 3. T-Pier; 4. Whole Coleman Drive area; 5. Improvement of public access of Atascadero State Park, and; The overall harbor plan would include the in the Central Marina area; to the shoreline in the vicinity 6. Feasibility of restoring the Chevron Pier for public fishing access. Mr. Grenell stated that the Coastal Conservancy would help the city -- 1. identify funding 2. determine the feasibility of going ahead with these projects; 3. identify priorities on the projects; 4. determine needs for public access of some of these projects; 5. assist the city in preparing detailed concept plans, which would be suitable for submittal as grant applications or recommendations to the Conservancy for funding, and; 6. implementation of the projects. Mr. Grenell stated that hearing discussions from the fishermen at the meeting, the Coastal Conservancy will review the Marina Street End project before the Thursday meeting to possibly include the hoist. Councilwoman Deutsch asked if we are committed to the Marina Street End for the hoist or if another location could be found. Mr. Grenell said nothing is definite at this point until it has passed his board and then the Council can decide whether or not to approve it. He also stated that the next grant opening would not be until October. MOTION: Councilman Anderson moved that we endorse the Urban Water Restoration concept File 77-7. Councilwoman Ward seconded this and it was carried unanimously by roll call vote; Mayor Warren Dorn being absent. MOTION: Mayor Lemons moved that the Council strongly emphasize to the Coastal Conservancy that we support the Marina Street End appli- cation as originally submitted and would not be adverse to a re- quirement that the water quality be maintained. This was seconded by Councilman Anderson and carried unanimously by roll call vote; Mayor Warren Dorn being absent. D-3 APPOINTMENT OF MAYOR PRO-TEM. MOTION: Councilwoman Deutsch moved that John Lemonds be named Mayor Pro-Tem. This was seconded by Councilman Anderson and carried unanimously. MINUTES - MORRO BAY •Y COUNCIL • Regular Meeting - August 11, 1980 Page Seven D-4 APPOINTMENT OF LIAISON TO THE PARKS AND RECREATION COMMISSION. MOTION: Councilman Anderson moved that Herminia Ward be appointed Liaison to the Parks and Recreation Commission. This was seconded by Councilwoman Deutsch and carried unanimously. D-5 RESIGNATIONS. Don Guluzzy stated that Keith Gurnee, Director of Community Development, has resigned effective August 15, 1980. Al Paul, Planning Commissioner, has also resigned, but will serve on the Commission until such time as Council has a replacement. m Councilman Lemons stated a request has been made to present a resolution honoring Senator Nimmo on his retirement from public life. He requested staff to prepare the resolution for approval at the August 25 meeting. D-7 Don Guluzzy stated he would be presenting a management contract draft at the next meeting for Council's discussion. D-8 MOTION: Councilman Anderson moved that the Council declare vacant the Planning Commission seat of Ralph Peters. Councilwoman Deutsch seconded the motion and it was carried unanimously on roll call vote. Planning Commission Chairman Bruce Elster, Peter Diffley, Joseph Giannini and Howard Gaines all spoke in support of Ralph Peters and requested that this possibly be done at a public hearing. Mayor Lemons said the City Attorney had advised the Council that all Commissioners serve at the pleasure of the Council. Therefore, no public hearing is required. D-9 Mayor Pro-Tem Lemons stated that the Board of Supervisors would discuss the Urban Reserve Line at their meeting on Thursday. He suggested that we notify the Board that Council prefers that the Line be left where it is since this area is within our sphere of influence. MOTION: Mayor Lemons moved that the City Administrator write a letter for the Mayor's signature to the Board of Supervisors to be delivered prior to their meeting on Thursday regarding not changing the Urban Reserve Line. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote; Mayor Dorn being absent. MINUTES - MORRO BAY *Y COUNCIL Regular Meeting - August 11, 1980 Page Eight MOTION: Councilwoman Ward moved that the meeting be adjourned. Council- man Anderson seconded the motion and it carried unanimously by roll call vote; Mayor Dorn being absent. The meeting was adjourned at 12:40 a.m. Respectfully submitted, DONALD F. GULUZZY, City Clerk by Bonita Murray, Deputy City Clerk 7 40- i MINUTES - MORRO BAY CITY COUNCIL ADJOURNED MEETING July 29, 1980, 7:30 PM Veteran's Memorial Hall The meeting was called to order by Councilman John Lemons at 7:30 P.M. Mr. Robert Ward led the Pledge of Allegiance. Mrs. Lila Keiser gave the invocation. ROLL CALL PRESENT: Rodger Anderson, Councilman John Lemons, Councilman ABSENT: Warren M. Dorn, Mayor STAFF: Donald F. Guluzzy, City Administrator T. L. McGonagill, Director of Administrative Services Bonita Murray, Deputy City Clerk Donald F. Guluzzy stated the purpose of the meeting is to approve Resolution No. 74-80, certifying the election results and installing the new council members. MOTION: Councilman Rodger Anderson moved that Resolution No. 74-80 be read by title only. This was seconded by Councilman John Lemons and carried as ordered. Don Guluzzy read Resolution No. 74-80 by title only. MOTION: Councilman Rodger Anderson moved that we approve Resolution No. 74-80. This was seconded by Councilman John Lemons and carried as ordered. Councilman Lemons then turned the meeting over to City Administrator Donald Guluzzy to administer the oath of office and present the Certificates of Election to Dorotha Deutsch and Herminia Ward. Councilwomen Deutsch and Ward addressed the community and thanked them for their support.during the campaign and expressed their appreciation for the assistance that was rendered to them. MOTION: Councilwoman Dorotha Deutsch moved that the meeting be adjourned. This was seconded by Councilman Rodger Anderson and carried on a roll call vote. The meeting was adjourned at 7:45 P.M. Respectfully submitted, DONALDF. GUL�UZZY, City Clerk by Bonita.Mur.ray; Deputy Clerk IVA CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING July 28, 1980, 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance A. CONSENT CALENDAR A-1 REJECTION OF BIDS FOR TWO ADMINISTRATIVE CARS (RECOMMEND APPROVAL) A-2 REJECTION OF BIDS FOR OPERATION AND MAINTENANCE OF WASTEWATER TREATMENT PLANT (RECOMMEND APPROVAL) A-3 AMENDMENT WITH KNIGHT, TOWLE, SAGE & JOHNSON FOR AUDIT CONTRACT (RECOMMEND APPROVAL) A-4 RESOLUTION NO. 71-80, AUTHORIZING COOPERATIVE AGREEMENT FOR THE CONSTRUCTION OF WATER LINE ON VISTA STREET FROM PINEY WAY TO SHASTA (RECOMMEND APPROVAL) A-5 RESOLUTION NO. 72-80, ACCEPTANCE OF WEED ABATEMENT CHARGES (RECOMMEND APPROVAL) B. NEW BUSINESS B-1 AGREEMENT WITH BROWN AND CALDWELL TO EVALUATE THE WATER DEVELOPMENT POTENTIAL OF V.R.M. CORP. UNFINISHED BUSINESS C-1 ORDINANCE NO. 181, CIVIL DEFENSE AND DISASTER PLANNING. Second reading. C-2 ORDINANCE NO. 183, REQUIRES BUSINESS PROPRIETORS TO EXCLUDE MINORS FROM ANY ROOM OR PLACE WHERE NARCOTIC PARAPHENALIA BE DISPLAYED OR OFFERED FOR SALE. Second reading. D. PUBLIC HEARINGS, APPEARANCES AND REPORTS D-1 8:30 P.M:, CITY ADMINISTRATOR'S FINAL REPORT ON COMMUNITY PROMOTION AND VISITOR INFORMATION CENTER ACTIVITIES AND EXPENDITURES. D-2 8:45 P.M., POLICY ALTERNATIVES FOR COMMUNITY PROMOTION ACTIVITIES. D-3 9:00 P.M., BROWN AND CALDWELL WATER MANAGEMENT PLAN - CONCLUSIONS AND FINDINGS._ D-4 9:30 P.M., CONSIDERATION OF RESOLUTION OF T-PIER ISSUE AS RECOMMENDED BY STAFF TO THE CITY COUNCIL. D-5 10:00 P.M., CITY ADMINISTRATOR'S REPORT RE: BAY AMBULANCE CO. REQUEST FOR RATE INCREASE. D-6 10:15 P.M., REPORT OF ADMINISTRATIVE SERVICES DIRECTOR RE: CREATION OF RECREATION ENTERPRISE FUND. D-7 10:30 P.M., CITY ADMINISTRATOR'S REQUEST FOR CABLE T.V. RATE ANALYSIS WITH CITY OF SLO AND FUNDING THEREFOR. E. INDIVIDUAL ACTION AND/OR DETERMINATION E-1 City Council E-2 City Attorney E-3 City Administrator • 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - July 28, 1980 Morro Bay Recreation Hall, 7:30 P.M. The meeting was called to order by Mayor Warren M. Dorn at 7:30 P.M. Al Olson, Chief of Police, led the Pledge of Allegiance. Reverend Paul Deere gave the invocation. A moment of silence was observed for deceased former police chief Richard Schacht. Mayor Dorn introduced the two new council members, Dorotha Deutsch and Herminia Ward and asked them to sit with the Council at the table even though they had no voting power at this time. ROLL CALL Present: Rodger Anderson, Councilman John Lemons, Councilman Warren M. Dorn, Mayor Absent: None Staff: Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney John Bressan, Public Works Director Bill George, Building Inspector Angela Grenz, Environmental Engineer Keith Gurnee, Community Development Director Ann McKibbin, Administrative Assistant Tom McGonagill, Director of Administrative Services Al Olson, Chief of Police Mary Sanders, Acting Recreation Director Bonita Murray, Deputy City Clerk _ A. CONSENT CALENDAR A-1 Rejection of Bids for -Two Administrative Cars. (RECOMMEND APPROVAL) A-2 Rejection of Bids for Operation and Maintenance of Wastewater Treatment Plant (RECOMMEND APPROVAL) A-3 Amendment with Knight, Towle, Sage & Johnson for Audit Control. (RECOMMEND APPROVAL) A-4 Resolution No. 71-80, Authorizing Cooperative Agreement for the Construction of Water Line on Vista Street from Piney Way to Shasta. (RECOMMEND APPROVAL) A-5 Resolution No. 72-80, Acceptance of Weed Abatement Charges. (RECOMMEND APPROVAL). Donald Guluzzy read the consent calendar to the Council members. Item A-2. Councilman Lemons asked if the Council had actually gone out to bid on the Treatment Plant. Mr. Guluzzy stated that we had for the previous Council. John Bressan has evaluated this with the present contractor and it was a joint concurrence that we not get involved in this project at this time. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - July 28, 1980 Page Two Item A-l. Councilman Anderson asked if the only lacking qualification on Pete Johnson's Chevrolet was the bidders bond? Don Guluzzy stated it was a lack of bidders bond and the price was not guaranteed for the cars. Councilman Anderson said that what really bothered him the most was the lack of interest from the car dealers to bid. Mr. Guluzzy agreed and stated that he couldn't understand the lack of interest, especially since car dealers are complaining about lack of sales. Item A-4. Howard Gaines asked for an estimated cost on the equipment and materials on this item. John Bressan said he had prepared an engineers estimate on this and took into account contractor costs established by the State of California paving so many square feet. The City's contribution on this would be approximately $2,510 in labor and materials. MOTION: Councilman Lemons moved for approval of the Consent Calendar. Councilman Anderson seconded the motion and it was carried unanimously on a roll call vote. Mayor Dorn apologized for not introducing City Council candidate Lee Schultz and applauded him for a fine campaign. B. NEW BUSINESS B-1 Agreement with Brown and Caldwell to Evaluate the Water Development Potential of V.R.M. Corp. Don Guluzzy gave a brief outline of this proposal. Mike LeSage stated he would like to see stated in the agreement that V.R.M. approves it and agrees to the $45,000. Also,, he would like to have a ceiling price of $45,000 and a statement that the price will not exceed this amount without prior approval of the City Council. Keith Gurnee gave a brief background on this project. There was considerable discussion on this subject from the public and several points were brought out. (1) This is strictly a fact finding study to see if water is there and available. (2) This does not approve any development which might be built if water is available. (3) The entire study can be completed in an estimated 12 calendar weeks. (4) By being involved in this study, it will give us an impartial and truthful viewpoint or study of this project. Sylvester Morning of VRM stated that the purpose of the study is to determine how much water i.s there. They think there is more than enough water there to provide them and the City. The only way to find out if this is true is to do a study. MOTION: Mayor Dcrn moved that we approve the agreement with Brown and Caldwell to evaluate the water development potential of V.R.M. Corp, with the following amendments: (1) a statement that V.R.M. approves and agrees to $45,000; (2) the price will not exceed $45,000 without prior approval of the City Council. This was seconded by Councilman Lemons and carried unanimously on a roll call vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - July 28, 1980 Page Three C. UNFINISHED BUSINESS C-1 Ordinance No. 181, Civil Defense and Disaster Planning. Second Reading. Donald Guluzzy read the ordinance for the second reading. MOTION: Councilman Anderson moved that Ordinance No. 181 be read by title only. This was seconded by Councilman Lemons and passed unanimously by roll call vote. Donald Guluzzy read the ordinance by title only - Civil Defense and Disaster Planning for the Protection of Persons and Property in the Event of an Emergency Amending Municipal Code Chapter 8.08 Entitled Civil Defense. MOTION: Councilman Anderson moved that Ordinance No. 181 be approved on second reading. This was seconded by Councilman Lemons and carried unanimously by roll call vote. C-2 Ordinance No. 183, Requires Business Proprietors to Exclude Minors From Any Room or Place Where Narcotic Paraphernalia Is Displayed Or Offered For Sale. Second Reading. Don Guluzzy read the ordinance for second reading. Mike LeSage stated he hasn't seen the law that the State of California has passed on this matter, which is very close to this ordinance. Therefore, this ordinance may be pre-empted. MOTION: Councilman Lemons moved that Ordinance No. 183 be read by title only. This was seconded by Councilman Anderson and passed unanimously by roll call vote. Donald Guluzzy read the ordinance by title only - An Ordinance of the City Council of the City of Morro Bay Amending the Municipal Code to Require Business Proprietors to Exclude Minors From Any Room or Place Where Devices, Contrivances, Instruments or Paraphernalia For the Smoking or Injection of Marijuana, Hashish, PCP, or any Controlled Substance is Displayed or Offered for Sale, and Prohibiting the Gift, Sale or Delivery of Such Devices to Minors. MOTION: Councilman Lemons moved that Ordinance No. 183 be approved on second reading. This was seconded by Councilman Anderson and passed unanimously by roll call vote. D. PUBLIC HEARINGS, APPEARANCES AND REPORTS D-1 8:30 P.M., City Administrator's Final Report on Community Promotion and Visitor Information Center Activities and Expenditures. Donald Guluzzy read the reports as submitted by the Chamber of Commerce for the month of May.on the Community Promotion Activities, which totaled $298.14, and the Visitor Information Center Services, which totaled $1,119.39. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, July 28, 1980 Page Four MOTION: Councilman Lemons moved that we accept and approve the Chamber of Commerce report for the month of May on Community Promotion Activities of $298.14 and Visitor Information Center Services of $1,119.39. This was seconded by Councilman Anderson and passed unanimously by roll call vote. Donald Guluzzy read the reports as submitted by the Chamber of Commerce for the month of June, 1980 on the Community Promotion Activities, which totaled $397.49, and the Visitor Information Center Services, which totaled $1,492.52. MOTION: Councilman Anderson moved that we accept and approve the Chamber of Commerce report for the month of June on Community Promotion Activities of $397.49 and Visitor Information Center Services of $1,492.52. This was seconded by Councilman Lemons and passed unanimously on a roll call vote. D-2 8:45 P.M., Policy Alternatives for Community Promotion Activities. Donald Guluzzy stated that staff has looked at this matter and we have an estimated $11,509 which will be available this year. Our options are limited since $12,000 is not a great amount of money to work with on such a project. However, staff has put together some options which are available for Council's determination. Mayor Dorn asked City Attorney Mike LeSage if Measure A would limit the funds to bed tax only instead of other taxes available. Attorney LeSage stated he would get back to the Council with an opinion on this matter. MOTION: Councilman Lemons moved that the report of options be received and the item placed on the next meeting agenda of August 11, 1980. This was seconded by Councilman Anderson and passed unanimously by roll call vote. D-3 9:00 P.M. Brown and Caldwell Water Management Plan - Conclusion and Findings. Mr. N. Thomas Sheahan, Project Manager, gave a report on the conclusions and findings of the Water Management Plan. Please see Exhibit A for an outline of this presentation. Mayor Dorn asked if copies could be made available to the public for their comments. Mayor Dorn also stated that he felt conservation of water starts with the people themselves. Lee Schultz and Dick Ferris both had questions about the report regarding acquiring more well sites, the possibility of penetrating the bedrock to determine if water is underneath, and the possible study of how much ground- water is lost to the sea. Mr. Sheahan answered all of these questions and stated that the study is still being completed. •MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, July 28, 1980 Page Five D-4 9:30 P.M., Consideration of Resolution of T-Pier Issue as Recommended By Staff to the City Council Donald Guluzzy stated that this is an issue that has been with the City for many years. Staff has proposed a draft settlement agreement for the resolution of the problem. Mike LeSage went over the proposal as listed in Exhibit B. The only problem on this proposal is the fact that the other party does not wish to have the rent credit limited to one-half of the total rental due on the T-Pier in any given calendar year. There are a few other minor clauses that need to be changed, but nothing major. Mr. LeSage felt it would be in the public's best interest to make these changes as we are so close in settling this matter. Charles Ogle, representing Ray Gallo in this matter since he is away from the office, stated that the letter with the changes would be acceptable to both parties - Dr. Hittle and Reg Whibley. Mayor Dorn stated he would like to set a public hearing on this matter and make available to the public the letter of proposal with the changes. Mayor Dorn also stated that John Bressan will be overseeing the repairs and make certain that it is a proper facility for this use. MOTION: Councilman Anderson moved that this matter be set for a public hearing at the August 11, 1980 meeting., This was seconded by Councilman Lemons and passed unanimously by roll call vote. Howard Gaines and Peter Diffley both stated that they felt more information on this matter should be made available to the public,before the next meeting. D-5 10:00 P.M., City Administrator's Report Re: Bay Ambulance Co. Request For Rate Increase , Donald Guluzzy presented the contract by Bay Ambulance. He suggested that the city (1) eliminate the subsidy.,to the County and (2) raise the rates to the level requrested by Bay Ambulance to make them competitive with the County. Staff feels that Bay Ambulance can make a profit on their own without the benefit of the subsidy. Mike LeSage stated that any rate increase should have prior City Council approval. When the County approved the rate increase, they failed to get the City Council's approval, which was an oversight. Mayor Dorn stated that since Mrs. Deutsch's expertise is in the health field, he has asked her to head a task force on this matter. He felt this matter should be scheduled for a public hearing on August 11 so it can be investigated by Mrs. Deutsch when she will have voting power. Bill Baker, Bay Ambulance Co., agreed to meet with Mrs. Deutsch and any staff members in order to have this resolved as soon as possible. rMINUTES - MORRO BAY CITY COUNCIL Regular Meeting, July 28, 1980 Page Six D-6 10:15 P.M., Report of Administrative Services Director Re: Creation of Recreation Enterprise Fund. Donald Guluzzy stated than an enterprise fund in commercial accounting is important if we are a true enterprise, which the City is not. Tom McGonagill explained an enterprise accounting system and its functions in a business. He stated that since the majority of the funding of the Recreation program comes from the general fund, it is not the general intention to run it as a general enterprise and it wouldn't provide the kind of information that would be meaningful. If it is the intention of the Recreation Department to accumulate funds, under Prop. 4 this couldn't be done without refunding money to the taxpayers. Mary Sanders stated that the intention of the Recreation Department was to have a clear accounting for the monies that were generated by the various programs. However, with the new accounting system that the Council recently passed, this accountability is possible. Lila Keiser expressed her admiration in the job that Mary Sanders has done in the short time that she has been with the department and asked her to describe her efforts in obtaining funding for kids to, go to camp, which she did. MOTION: Councilman Anderson moved that we reject establishing an enterprise account for the Recreation Department. This was seconded by Councilman Lemons and passed unanimously by roll call vote. D-7 10:30 P.M., City Administrator's Request for Cable TV Rate Analysis With City of SLO and Funding Therefor. Don Guluzzy stated that a rate increase request,had been received from Sonic Cable TV. The cities in SLO County feel Sonic Cable TV does not deserve a rate increase under deregulation and would like to jointly fund a rate analysis and share the cost. San Luis Obispo City Council has already passed this and the other cities are asking their city councils to support this. The maximum cost to us would be $1200 of the total cost. A firm, who has expertise in this field, has been contacted to do the job. If we supported this study, money would have to be allocated from the contingency fund since money was not originally budgeted. Mayor Dorn stated he would like to see the service improved before any rate increases are discussed. Mike LeSage stated that several attorneys have looked at the agreement and they all agreed.that Assembly Bill 699 should not apply. He felt this would at least give us enough of a lever to consider participating in this study. Don Guluzzy stated that the county is trying to get this study under way as soon as possible and have it completed in about four weeks. There are a lot of items, such as HBO, missing from Sonic's audit statement, and it would require someone with expertise in this field to adequately assess this matter. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, July 28, 1980 Page Seven Mayor Dorn stated that we would hold this matter over to the next meeting for review. E. INDVIDUAL DETERMINATION AND/OR ACTION E-1 Highway One Sign Changes. Don Guluzzy stated he had met with the Department of Transportation regarding changing the sign on Highway One on both the north and south approaches to the City. The present signs are extremely old and do not conform to the National Uniform Traffic Safety Code. The signs would be changed (to larger signs and signs indicating "gas, food, and lodging") with funds from the Department of Transportation. Mr. Guluzzy stated that if there are no objections, the City will inform the Department of Transportation to proceed with this project. E-2 Request for Appropriation For Drapery of Recreation Building. The drapes in the Recreation Hall are in extremely poor condition. We have received bids from two local firms and staff would recommend approval and appropriation to fund these drapes to the low bidder, Morro Decor, at a price not to exceed $575. This money would be funded from the contingency fund as it was not originally budgeted. MOTION: Mayor Dorn moved that funds be transferred from the contingency fund for new drapes for the Recreation Room at a price not to exceed $575. The motion was not carried for lack of a second. Mayor Dorn stated that this matter will be held over to the next meeting for consideration. E-3 Request for Nuisance Abatement Hearings. Don Guluzzy stated that staff would like Council to set a day during August for a combined formal hearing to abate the following: substandard structure at 2970 Cedar and 2865 Dogwood Avenues, Lawrence B. McKay, owner. This problem has existed over a year and a half with repeated attempts to have the owner correct a number of serious building code violations. Members of the Council agreed to set a hearing on this matter for August 20 at 10:00 a.m. and requested staff to make the proper notifications. E-4 Resignation of Director of Administrative Services. Don Guluzzy stated that Tom McGonagill has resigned as Director of Administrative Services effective August 25, 1980. We will miss him as he is a dedicated, hard working:professional. Due to the situation'in which Tom is leaving, Don requested a study session with staff to review personnel matters on August 4 at 5:00 p.m. This was agreed to by all council members present. E-5 Morro Bay Fishermans Memorial. Don Guluzzy stated that the Chamber of Commerce has requested the City to accept an anchor being presented by Mr. Andrew Satko of Morro Bay as a memorial to deceased Morro Bay fishermen. .. • 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, July 28, 1980 Page Eight Mr. Andrew Satko mentioned that he had a phone call from John Jatowa, who has offered his services and a 30-ton truck to move the anchor to the designated spot. This anchor was constructed in 1830, made of white oak and weighs 7,500 lbs. MOTION: Councilman Lemons moved that we graciously accept Mr. Satko's gift of the anchor to be established as a memorial to deceased Mcrro Bay fishermen. This was seconded by Councilman Anderson and so carried. E-6 Request for Support and Opposition to Four Major Bills Coming Up for Vote in the Senate and Assembly Don Guluzzy stated that the League of California Cities has requested our City to oppose two bills, SB 467 and AB 2674 and support two bills, SB 1948 and AB 2376. A brief summary of each of the bills was given. Mayor Dorn stated that the Board of the League of California Cities did take these positions at their meeting last week. The Board itself will be making these recommendations and have forwarded a request to the cities for support. MOTION: Councilman Lemons moved that Council support the recommendations of the California League of Cities by supporting SB 1948 and AB 2376 and opposing SB 467 and AB 2674. This was seconded by Councilman Anderson and so carried. MOTION: There being no further business, Mayor Dorn moved that the meeting be adjourned until 7:30 P.M., July 29, 1980 at the Veterans Memorial Hall. This was seconded by Councilman Lemons and so carried. The meeting was adjourned at 11:25 p.m. Respectfully submitted, DONALDD F.. GUULLU�ZZY, CCity Clerk by Bonita Murray, Deputy City Clerk s � • PRELIMINARY WATER MANAGEMENT PLAN PHASE I BROWN AND CALDWELL CONSULTING ENGINEERS N. Thomas Sheahan, Project Manager 1. Brief Statement"of Study Objectives. 2. Study Area Definition. " 3. Hydrologic Budget.' 4. Seawater Intrusion. 5. Population Projection. 6. Unit Water Use Factor. 7. Agricultural Demand. 8. Total Water Demand. 9. Long -Term Yield - Background "Safe -Yield" - Definition Past Estimates Normal year; normal drought; extreme drought 10. Groundwater Basin Yield Normal Year Normal Drought Extreme Drought 11. Element of Water Management Reclamation Program Recharge Basins Modifications to Groundwater Extraction Operational Plan 12. Phase II - Water Management Plan I CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING July 14, 1980, 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation - Father Charles Erickson A. CONSENT CALENDAR A-1 Resolution No. 63-80, Establishing Precinct Boards and Polling Places for the July 22, 1980 Special Elections. (RECOMMEND APPROVAL) A-2 Resolution No. 64-80, Approving an Agreement Between the City of Morro Bay and the People's Self -Help Housing. (RECOMMEND APPROVAL) A-3 Resolution No. 65-80, Establishing Salary Ranges and Steps for All City Employee Classifications for Fiscal Year 1980-81. (RECOMMEND APPROVAL) A-4 Resolution No. 67-80, Award of Audit Contract for the 1979-80 Fiscal Year to Knight, Towle, Sage, and Johnson. (RECOMMEND APPROVAL) A-5 Resolution No. 68-80, Opposing the Lease Sale #153 Regarding the Outer Continental Shelf. (RECOMMEND APPROVAL) A-6 Resolution No. 69-80, Assignment for Lease Sites No. 129W-133W. (RECOMMEND APPROVAL) A-7 Approval of the Posting of the Names of All Incumbents, Terms of Office, Qualifications, and Vacancies For All City Boards, Commissions and Committees. (RECOMMEND APPROVAL) A-8 Approval to Amend Section 18 Application Funding. (RECOMMEND APPROVAL) B. NEW BUSINESS B-1 Ordinance No. 181, Civil Defense and Disaster Planning. First Reading. B-2 Ordinance No. 183, Regarding Narcotic Paraphenalia. First Reading. B-3 Resolution No. 66-80, Increasing Dial -A -Ride Fares to 50 Cents. C. PUBLIC HEARINGS, REPORTS AND APPEARANCES C-1 8:00 P.M. Morro Bay Garba e; Inc. Rate Increase. C-2 8:30 P.M. en ments to t e Master Pan for the' D. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - July 14, 1980 Recreation Hall, 7:30 P.M. Mayor Dorn called the meeting to order at 7:30 P.M. Al Olson led the Pledge of Allegiance and Father Charles Erickson gave the invocation. ROLL CALL PRESENT: Rodger Anderson, Councilman John Lemons, Councilman Warren M. Dorn, Mayor ABSENT: None STAFF: Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney John Bressan, Director of Public Works Keith Gurnee, Director of Community Development Tom McGonagill, Director of Administrative Services Al Olson, Police Services Director Bonita Murray, Deputy City Clerk A. CONSENT CALENDAR A-1 Resolution No. 63-80, Establishing Precinct Boards and Polling Places for the July 22, 1980 Special Election. (RECOMMEND APPROVAL) A-2 Resolution No. 64-80, Approving an Agreement Between the City of Morro Bay and the People's Self -Help Housing. (RECOMMEND APPROVAL) A-3 Resolution No. 65-80, Establishing Salary Ranges and Steps for All City Employee Classifications for Fiscal Year 1980-81. (RECOMMEND APPROVAL) A-4 Resolution Nol 67-80, Award of Audit Contract for the 1979-80 Fiscal Year to Knight, Towle, Sage and Johnson. (RECOMMEND APPROVAL) A-5 Resolution No. 68-80, Opposing the Lease Sale #53 Regarding the Outer Continental Shelf. (RECOMMEND APPROVAL) A-6 Resolution No. 69-80, Assignment for Lease Sites No. 129W-133W. (RECOMMEND APPROVAL) A-7 Approval of the Posting of the Names of All Incumbents, Terms of Office, Qualifications, and Vacancies For All City Boards, Commissions and Committees. (RECOMMEND APPROVAL) A-8 Approval to Amend Section 18 Application Funding. (RECOMMEND APPROVAL) Donald Guluzzy read the consent calendar for the council members. Item A-6. Councilman Lemons was concerned that the use of the permit would remain the same. Mike LeSage stated that they would have to submit a written request in order for the lease purpose to be changed. Item A-4. Dorotha Deutsch was concerned that the audit agreement did not have a maximum amount of money stipulated in the contract as it has previously had. Tom McGonagill stated that there has been budgeted an amount of $6,500 for this year's audit. Since our city has never been into a double entry bookkeeping system, it is more difficult to deal with. For this reason, it is usually more costly for them to audit us. We are switching to Alexander Grant Company computer system that does have a software package to allow us to chart the accounts. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - July 14, 1980 Page Two A Mayor Dorn felt there should be a ceiling price on the audit since we have a budgeted figure of $6,500. Don Guluzzy stated that by law the audit must be done within 90 days and we don't have any choice. The accounting firm will inform us when the figure is nearing the maximum that we have budgeted. Mayor Dorn asked Mike LeSage for his opinion on this matter. Mike stated that we can add to the contract that '!in no event will the cost exceed $6,500 without prior written approval of the council." Item A-2. Father Erickson stated that he felt this is a very important and laudible part of the city's enterprise and would certainly recommend any assistance. MOTION: Councilman Lemons moved for adoption of the Consent Calendar with the condition that Mr. LeSage insert certain language in the audit contract stating $6,500 is the maximum amount. This was seconded by Councilman Anderson and unanimously carried by roll call vote. B. NEW BUSINESS B-1 ORDINANCE NO. 181, CIVIL DEFENSE AND DISASTER PLANNING. Don Guluzzy gave a brief summary of this. This is at the request of the SCO County Mayor's Association to construct similar ordinances on civil defense and disaster planning for all cities in SLO County. MOTION: Councilman Lemons moved that we read the ordinance by title only. This was seconded by Councilman Anderson and unanimously carried by roll call vote. MOTION: Councilman Lemons moved that this constitutes the first reading of Ordinance No. 181 and it should be held over for second reading. This was seconded by Councilman Anderson and unanimously carried by roll call vote. B-2 ORDINANCE NO. 183, REGARDING NARCOT PARAPHERNALIA Mike LeSage gave a brief summary of this and suggested that Section 9.20.020 be amended to delte the words "including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing." By amending this ordinance, it would alleviate some possible problems. MOTION: Councilman Lemons moved that we read Ordinance No. 183 as amended by title only. This was seconded by Councilman Anderson and unanimously carried on roll call vote. MOTION: Councilman Lemons moved that this constitutes the first reading of Ordinance No. 183 as amended and it should be held over for second reading. This was seconded by Councilman Anderson and unanimously carried by roll call vote. 0 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, July 14, 1980 Page Three B-3 RESOLUTION NO. 66-80, INCREASING DIAL -A -RIDE FARES TO 50 CENTS. Don Guluzzy said that according to our grant process, during the hours of 10:00 A.M. and 3:00 P.M., the seniors would get one-half fares. At least 10 percent of our fares must be from fare box revenues. Since we are coming close to losing the 10 percent, we are trying to take steps to make this program more self-sufficient. MOTION: Councilman Anderson moved that we approve Resolution No. 66-80. This was seconded by Councilman Lemons and unanimously carried by roll call vote. C. PUBLIC HEARINGS, REPORTS AND APPEARANCES C-1 MORRO BAY GARBAGE RATE INCREASE. Don Guluzzy stated there are basically three areas of increase: residential in -yard service, residential curb -side service and commercial service. Staff had prepared a chart showing the proposed increases as submitted to Council by Morro Bay Garbage and staff's proposed rate increases. Keith Gurnee presented a memo to the council on this proposal to amend the franchise agreement to include four changes in the agreement. Please see Exhibit A for this memo. There has been trouble in the past with the random placement of commercial dumpsters. It was suggested that Item No. 4 on Exhibit A be submitted at a future time as an ordinance. Mayor Dorn has asked if everyone receives this service and when the last rate increase was given to Morro Bay Garbage. Don Guluzzy stated that the last rate increase was in 1974 and about one-half of the people in the community, receive this service. Mr. Guluzzy stated he would like to do a study on a mandatory garbage service. We are currently the only City in the County of San Luis Obispo that does not have a mandatory pickup/collection. Mr. Gurnee stated that he would like an opinion from the Council as to the placement of commercial dumpsters at single family residences. Mike LeSage said that the Council can offer an interim rate increase until a proposal can be approved by the Council. Pat Wagner, Morro Bay Garbage Company, stated he would have to disagree with Item No. 4 of the Exhibit'A since it would not be their problem. Howard Gaines had several questions on this issue: (1) comparison of rates to other cities in the area; (2) audited CPA report on Morro Bay Garbage; (3) felt a $5,000 performance bond isn't adequate and was poor protection for the public. Dale Loft felt it wasn't fair to penalize a few people for those who illegally put their garbage in the dumpsters around the City. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - July 14, 1980 Page Four Bob Ward said that we are comparing this to the operation of a public utility. He expressed his astonishment at the amount of time which has elapsed since Morro Bay Garbage submitted their request for a rate increase. Councilman Lemons asked if there was any provision in the contract that would preclude.renegotiation of this contract. Mike LeSage said no. Council could adopt an interim rate and place a ceiling price or a time frame when the contract is brought back with the modifications. MOTION: Councilman Anderson moved than an interim rate increase be approved subject to the changes in the contract being presented to the Council for full approval. Councilman Lemons seconded this and it was carried unanimously by roll call vote. C-2 AMENDMENTS TO THE MASTER PLAN FOR THE MEYERS PROPERTY. Mike LeSage stated that all the parties were present and this matter has been noticed for public hearing. The trial on the validity of this permit was held today and will continue tomorrow. This amendment to the settlement agreement represents a master plan drawn by the Meyers' architect that generally depicts the parking, landscaping, etc. It is before the Council for consideration as to whether or not they will adopt this plan and authorize the Mayor and City Clerk to sign the agreement. Keith Gurnee described the Master Plan as submitted by Gerald Mason on behalf of the Meyers. Gerald Mason, Elenor Kolb, Joanne Fenton, and Al Meyers reviewed the proposed plan and explained their positions on this. There was some discussion on the length of a parking space in the plan, which would be better if shortened. MOTION: Councilman Lemons moved that the hearing be closed, that the Master Plan be approved with the modifications of the one parking space being shortened, and the Mayor and City Clerk be authorized to sign the agreement. Councilman Anderson seconded the motion and it was carried unanimously by roll call vote. D. INDIVIDUAL DETERMINATION AND/OR ACTION. Councilman Lemons asked about filling vacancies on boards, commissions and committees when the Council wanted to replace someone who had not resigned or whose term had not expired. Does this intention have to be made and then the 10 days notice given. Mike LeSage stated that once you have secured a resignation, then that position must be posted and ten days notice given. Councilman Lemons also asked if it was possible to restrict the consider- ation of items until 11:00 P.M. If the meeting has not been concluded by this time, then the meeting can be continued. Mike LeSage stated that this could be done. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, July 14, 1980 Page Five Mayor Dorn asked Keith Gurnee about the service station on the corner of Morro Bay Boulevard and Main Street, which is an eye sore. Mr. Gurnee said a written notice has been sent to the owner to either submit plans for removal or rehabilitation. Mr. Gurnee also mentioned that the Sunland Service Station case has been filed in the courts because of the constant complaint situation. Mike LeSage said he has received calls regarding the sandspit and needed to know what the City wishes were on this matter. The City Council stated their intent is to transfer those city parcels, if the state can get the privately held parcels, and agree to hold it as a park. Don Guluzzy stated the city has received approval of the $100,000 bus maintenance facility. Staff attended the Coastal Commission meeting on Del Mar Park. The last obstacle has been cleared and we will be preparing a bid specification. Mike LeSage requested an executive session on Brebes T-Pier as all parties were in attendance. There being no further business, the meeting adjourned into executive session at 10:20 P.M. Respectfully submitted, DONALD �F. GGUULU)ZZY, City Clerk by Bonita Murray, Deputy City Clerk EXHIBIT "A" MEMORANDUM DATE: July 14, 1980 TO: City Administrator/City Council FROM: T. Keith Gurnee SUBJECT: Garbage Franchise Over the past few months, Building Inspector Bill George and myself have been reviewing what seems to be one of Morro Bay's property maintenance problems: that of the random placement of commercial trash bins in residential neighborhoods, in public rights -of -way, or in commercial . complexes without appropriate screening and enclosures. As we understand the council will be considering-a.requested rate increase at this evening's meeting, Mr. George and I would like to request that you hold off consideration of this increase or make as a condition of approval, that the franchise agreement between the city and Morro Bay Garbage, Inc. be amended to include appropriate language that would have the following affect: / M 1. prohibition of commercial dumpsters in single family residential neighborhoods; 2. prohibition of commercial dumpsters in multi -family complexes of four units or more unless placed within an approved trash enclosure; 3. prohibition of placing commercial dumpsters in public rights -of -way; rabbi dcu 17 4. establishing a one year or other appropriate period of /3,, amortization requiring that all unscreened commercial dumpsters serving commercial or other industrial uses be enclosed by an approved trash enclosure or garbage service will be terminated. We are suggesting these changes in the franchise agreement because it is at .the time of rate increases that we have the leverage to do so and because the city is ill-equipped to enforce such provisions where the garbage is duly suited to the task. Respectfully submitted, T. Y.eith urnee J Community Developme Director TKG.tjw n �o �m ��CAD �m�rro (-5 w w li 3 m -' n n 0 n n W m m >o R.- c, P+ a a co G C7 3 n O C N i J z Im o ^..P W N t--• -Ol W N Ql W N � Ol W N r W N � W N r G 3 1n O D c) r1 c 0 -S o -s c m ✓ �--• W? �--' N (n Ol N V N O) W O O Cn A w Co Q� NOW V W VCna) ?AA OW rtrr' N :.-� W N V W N •-• W N - -O '.o O O V V (ll Ol V •-• CD 0) Ut W ON A w W W 'S N m - O V'�O V'� L� V NO Ocn CnO V-1NN0 V10 Un OCnO N <D 000 C—_ cn O 0000 O [n cnO 000 000 m m 3 3 o O 3 c-) ;a ? N CO ? W N ? N N `-' {ys O co .Q ..:.+ O V lJl Gl CY) co tr a) V Vn O Co V r-• ? 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