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HomeMy WebLinkAboutJuly to DecemberMORRO BAY CITY COUNC Regular Meeting - December 28, 1981 Recreation Hall - 7:30 P.M. The regular meeting of the City Council, December 28, 1981, was adjourned at 7:40 p.m. for lack of a quorum. Those present were: Mayor Warren M. Dorn City Administrator Paul Baxter /pb I Ci i ®f Morro Bay 595 Harbor St. Morro Bay, CA 93442 805-772-1214 N O T I C E THE CITY COUNCIL OF THE CITY OF MORRO BAY WILL NOT HOLD ITS REGULAR MEETING OF DECEMBER 28, 1981, DUE TO THE HOLIDAY SEASON AND FOR THE CONVENIENCE OF INTERESTED. PERSONS WHO MIGHT NOT BE ABLE TO ATTEND. THE NEXT REGULARLY SCHEDULED CITY COUNCIL MEETING WILL BE HELD ON JANUARY 11, 1982, AT 7:30 P.M. IN THE RECREATION. HALL, CORNER OF SHASTA AND DUNES, MORRO BAY. COMMUNITY DEVELOPMENT 595 Harbor Street 905-772.1214 FINANCE DEPARTMENT 595 Harbor Street 805-772.1214 FIRE DEPARTMENT 715 Harbor Street 805.772-2737 POLICE DEPARTMENT 850 Morro Bay Blvd. 805-772-2222 PUBLIC SERVICES 695 Harbor Street 805.772.2723 RECREATION DEPARTMENT 535 Harbor Street 805-772.7329 MORRO BAY CITY COUNCIL MEOG Special Meeting - December 21, 1981 D� City Hall Conference Room - 5:00 p.m. The meeting was called to order by Mayor Warren M. Dorn at 5:00 p.m. PRESENT: Warren M. Dorn Roger Anderson Dortha Deutsch John Lemons Herminia Ward STAFF: Paul Baxter Michael T. LeSage Peggy Buchanan Mayor Councilman Councilwoman Councilman Councilwoman City Administrator City Attorney Deputy City Clerk A. APPROVAL OF REQUEST - MICHAEL DEGARIMORE TO ACQUIRE LEASE SITE 90 AND 90W FOR CHANGE OF USE FROM A MACHINE SHOP TO A WHOLESALE/RETAIL FISH AND SEAFOOD PROCESSING OPERATION Paul Baxter stated that this matter had been carried over from Council's meeting of December 14, 1981, for further discussion by Council. City Attorney Michael LeSage reviewed the lease agreement and changes that had been made since the last Council meeting. Mr. LeSage had several comments regarding additional changes in the lease, which are summarized as follows: 1) Page 16, Paragraph 38: Should state "TENANT agrees to commence construction as soon as all necessary permits are obtained and agrees to diligently pursue construction and agrees to complete construction on or prior to January 1, 1984." There was discussion regarding this change, and Mr. LeSage explained that there was language in the lease to allow the time period to be extended if permits cannot be obtained. 2) Page 16, Paragraph 38: Should state "... and agrees to complete construction on or prior to January 1, 1984, or 1 year after all permits are obtained." 3) Page 16, Paragraph 38: Insert the word "promptly" after "TENANT agrees to..." at its first occurance. 4) Page 17: Mr. LeSage suggested that Michael DeGarimore and Central Coast Seafoods sign the agreement. Mr. Schiebelhut objected to change number 4, stating that it could have serious tax implications, and requested that Central Coast Seafoods only, be on the agreement. The Council discussed this matter with Mr. Schiebelhut and Mr. LeSage. It was brought up that this might unfairly bind Mr. DeGarimore if it were to affect all businesses operated by him, now or in the future. After considerable discussion it was decided that there was sufficient language within the lease to prevent circumvention of this lease by Mr. DeGarimore, and that since the lease was intended to cover wholesale only, Central Coast Seafood on the agreement was sufficient. MORRO BAY CITY Special Meeting Page Two COUNCIL - December 21, 1981 There was additional discussion regarding the permitted uses for this property, and how a change of use would be handled. MOTION: Councilwoman Deutsch moved that Council approve the Lease Agreement for Central Coast Seafoods, Lease Site 90 and 90W, with amendments as stated above. Seconded by Councilman Lemons, the motion was carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None Council then discussed Schedule A, the percentage rental figures, and Council agreed that .50% was an appropriate amount for wholesale fish and seafood processing. MOTION: Councilman Lemons moved that Council approve the .50% figure for fish and seafood processing (a portion of Schedule A). The motion was seconded by Mayor Dorn and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None MOTION: Councilman Lemons moved that Council authorize the Mayor and City Clerk to sign the necessary escrow documents. Seconded by Councilwoman Deutsch, the motion was carried unanimously. (5-0) MOTION: Councilman Lemons moved that the meeting be adjourned to the next regular meeting of December 28, 1981. Seconded by Mayor Dorn the meeting was adjourned at 5:55 p.m. RESPECTFULLY SUBMITTED, ful 4gm Deputy City Clerk L CITY COUNCIL MINUTES �F D— REGULAR MEETING - DEC ER 14, 1981 RECREATION HALL - 7:30 P.M. 4>_ t � I The meeting was called to order by Mayor Warren M. Dorn at 7:30 p.m. The Pledge of Allegiance was led by Horace Strong and the invocation was given by Reverend Thomas Dillard, Estero Bay Methodist Church. ROT,T. CALL PRESENT: Roger Anderson Dortha Deutsch John Lemons Herminia Ward Warren M. Dorn STAFF: Paul Baxter Michael LeSage John Bressan Murrel Crump Gary Napper Al Olson Bernie Zerr Mary Sanders Gere Sibbach Peggy Buchanan Councilman Councilwoman Councilman Councilwoman Mayor City Administrator City Attorney Director, Public Works Director, Community Development Administrative Assistant Police Chief Fire Chief Recreation Director Finance Director Deputy City Clerk Paul Baxter requested that the meeting be adjourned in memory of Whitey Rowlands, who recently passed away. Mayor Dorn, with Council concurrance, so declared. A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 REVIEW OF SAN LUIS OBISPO COUNTY NUCLEAR POWER PLANT EMERGENCY RESPONSE PLAN III.30 STANDARD OPERATING PROCEDURES, CITY OF MORRO BAY Paul Baxter reviewed the final draft prepared by the Fire Department in conjunction with the consultant employed by the County of San Luis Obispo, and stated that Chief Zerr would give a short presentation on the Emergency Response Plan and answer any questions the Council might have. Mr. Baxter also stated that this was a noticed Public Hearing and Council should receive any public input after Chief Zerr's report. Chief Zerr stated that this Nuclear Power Plant Emergency Response Plan was not submitted as a part of the City's Emergency Plan until now, as the objective was to interface this plan with the County's Emergency Plan, which Fas only just been completed. The Chief reviewed several areas of concern, such as emergency preparedness, alerting the public and mobilization of response agencies, radiation monitoring and protection, and evacuation procedures. Chief Zerr recommended Council adopt the Nuclear Incident Response Plan of the Morro Bay City Emergency Plan. Mayor Dorn stated that it was the time and place published for a Public Hearing, and the Council would receive any public input at this time. MORRO BAY CITY COUNCIL Regular Meeting - Decemb• 14, 1981 • Page Two Councilwoman Deutsch inquired as to whether the City had a special committee involved with this matter, to review and gather information continuously. Chief Zerr stated that while there was not a specific committee to study this subject, all Department Heads were encouraged to be involved, and the City was coordinating with the County as well'as other agencies such as the Nuclear Regulatory Commission, and the Federal Emergency Management Agency. Chief Zerr introduced Al Fonzi, from the County Emergency Services Department, who was directly involved in the preparation of this plan. Councilman Lemons made reference to certain equipment that the Emergency Plan referred to, that the City did not presently own. He asked what would be done to supply the city or other agency with the necessary equipment or materials. Chief Zerr and (F1 Fonzi stated that a list would be compiled by the County Emergency Services and submitted to P.G.&.E. and that P.G.&.E. would be required to supply the city with the necessary equipment or materials. MOTION: Councilman Anderson moved that the Public Hearing be closed. Seconded by Councilwoman Ward, the motion was carried unanimously. (5-0) MOTION: Councilwoman Deutsch moved that the City Council adopt the Standard Operating Procedures for the City of Morro Bay as submitted and that this element be included in the City's Emergency Plan. The motion was,=seconded by Mayor •Dorn and carried by the following roll call vote _` AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None A-2 ORDINANCE AMENDING ORDINANCE 178 (PART) AND SECTION 17.44.020 OF THE MORRO'BAY MUNICIPAL CODE (CONTINUED) Paul Baxter stated that this matter should be continued to a future meeting date, as yet undetermined, while staff continues work"on it. Mayor Dorn, with Council in agreement, so declared. A-3 CLAIM AGAINST THE CITY OF MORRO BAY BY NEIL KLINE 1. Paul Baxter reviewed the claim as submitted by Neil* line, and stated that it was based upon a 1958 incident, and that according to Government Code provisions, was considered a late claim and Council should not accept the claim. Mr. Baxter stated that he had sent a letter to Mr. Kline, informing'.himrof the above mentioned section of the Government Code and had also personally spoken to Mr. Kline by telephone. MORRO BAY CITY COUNCIL • Regular Meeting December 14, 1981 Page Three MOTION: Councilwoman Deutsch moved that Council not accept the claim against the City of Morro Bay by Neil Kline, and return said claim to Mr. Kline as specified by the Government Code. Seconded by Councilman Lemons, and carried by the following.roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, fdayor Dorn NOES: None A-4 CONSERVATION GRANT APPLICATION Paul Baxter stated that this item was not in the final agenda but had been published as an agenda item in the newspaper. Mr. Baxter recommended that Council pull this item from the agenda and hold it until a -future meeting. Mayor Dorn, with Council in concurrence, so ordered. B. UNFINISHED BUSINESS B-1 STAFF REQUEST FOR COUNCIL APPROVAL OF AGREEMENT WITH CAL COAST CHARTER FOR DIAL -A -RIDE TRANSIT SERVICES Paul Baxter reviewed the Cal Coast Charter item, and stated that a bid had been approved at the November 23, 1981, meeting of City Council, and that staff has prepared an agreement as instructed. Staff recommends that Council approve this agreement as submitted. Councilman Lemons inquired as to "existing levels of service" and how this would prevent changes in the hours and times of operations. John Bressan stated that the City has the right to make minor changes such as variation in hours of operation, but that if the mileage limit is not met or if additional management services were required, a rate adjustment or raise might be necessary. MOTION: Councilwoman Deutsch moved that the Council approve the agreement with Cal Coast Charter, Inc. as submitted, and authorize the Mayor to sign on behalf of the City. Seconded by Mayor Dorn, the motion was carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None B-2 ADOPTION OF FRANCHISE AGREEMENT AND RATE POLICY RELATING TO REFUSE SERVICE. Paul Baxter reviewed the franchise agreement relating to refuse_ service and rates as submitted, and stated that-_ agreement included new rates -for commercial bins to allow the company to begin charging _ for overflow —__ of bins and cleanup time. Mr. Baxter stated that the franchise fee was not stated in the agreement and Council should make a policy decision as MORRO BAY CITY COUNCIL • Regular Meeting - December 14, 1981 Page Four to what the franchise fee will be. The only charging a 3% franchise fee is Paso Robles, 5%. other City currently all others are charging Council discussed what the effect of raising the franchise fee would be on the consumer, and decided that it might cause a rate increase, to cover the additional charges. Council decided to leave the franchise fee at 3%. Paul Baxter stated that there`.were several changes to the agreement and summarized the following changes: 1) Paragraph 3: Wording should reflect the priority of the Finance Director regarding unpaid accounts (i.e., garbage, sewer, penalties and water). 2) Paragraph 11: Should be amended to state "additional cleanup weeks" rather than 2 cleanup weeks. 3) Paragraph 15: Should include a reference to the Refuse Collection Franchise Board, rather than the City Administrator. 4) Paragraph 24: Should substitute date of January 1, 1982, for "within calendar days". Also, Mr. Baxter stated thatthe Resolution should be amended to read "38 of receipts..." rather than "gross 'receipts", as per the Finance Director's recommendation. Councilman Lemons had several concerns regarding the 38 fee to cover City costs, and asked if this would really be sufficient to cover all costs incurred by the City. Gere Sibbach, Finance Director, stated that this figure was arrived at to cover all start up costs and would be more than sufficient to cover any future City costs. Councilman Lemons asked if this 38 figure could be adjusted by Resolution, and Mr. Baxter stated that the 38 fee to cover City costs could be adjusted by Resolution, if found to be insufficient. Mr. Howard Gaines spoke against the agreement, and stated that competitive bidding should have taken place, and that the rates were to high. r MOTION: Councilwoman Deutsch moved that Council adopt the'franchise agreement with a•3%1.ffanchise fee and the following amendments: 1) Paragraph 3: Wording should reflect priority of Finance Director regarding unpaid accounts (i.e., garbage, sewer penalties, and water). 2) Paragraph 11: Should be amended to state "additional cleanup weeks" rather than 2 cleanup weeks. 3) Paragraph 15: Should include a reference to the Refuse Collection Franchise Board rather than City Administrator. MORRO BAY CITY COUNCIL • Regular Meeting - December 14, 1981 Page Five 4) Paragraph 24: Should substitute date of January 1, 1982, for "within calendar days...". and adopt the Resolution as amended, to state "...38 of, receipts..." and authorize the Mayor to sign on behalf of the City. The motion was seconded by Councilman Anderson and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None B-3 FURTHER CONSIDERATION OF BAY AMBULANCE CONTRACT Paul Baxter stated that Gary Napper,, Administrative Assistant, would give a brief history and chronology of the City's involvement with Bay Ambulance. Gary Napper discussed the City of Morro Bay's arrangement with the County of San Luis Obispo, and stated that Morro Bay did not contract directly with Bay Ambulance, but through the County Emergency Medical Care Commission and Special Services District. Mr. Napper explained the current situation with Bay Ambulance and suggested three options to Council. Staff's recommendation to Council was to remain with Bay Ambulance through November 1, 1982, which is when the contract with the County will expire, and then, together with the County, seek other services through competitive bidding. Mr. Napper stated that the City of Morro Bay did not owe further subsidies to either the County or Bay Ambulance. Councilwoman Deutsch commented that she felt Bay Ambulance was in breach of contract by raising their rates without Council authorization, however, she did feel that staff's recommendation would be the best solution. MOTION: Councilwoman Deutsch moved that Council direct staff to prepare a Resolution requesting that the County of San Luis Obispo and the City of Morro Bay seek ambulance services at the conclusion of this contract with Bay Ambulance by competitive bidding. The motion was seconded by Mayor Dorn and carried unanimously. (5-0) B-4 VACANCIES ON REFUSE COLLECTION FRANCHISE BOARD Paul Baxter stated that this matter had been continued from the meeting of November 23, 1981, to allow Council time to study applications and to extend the period of application for interested citizens. Mayor Dorn recommended that Peggy Lipe be appointed to the Board. Councilwoman Deutsch suggested Ardis Schroeder as a member. Councilwoman Ward recommended Alan Miller, Councilman Anderson suggested Dorothy MORRO BAY CITY Regular Meeting Page Six COUNCIL • • - December 14, 1981 Berkhead and Councilman Lemons suggested Grace Hedges and Sylvia Cook. After a brief discussion as to the number of members that should be appointed, Councilman Anderson also recommended Ron Meyers. MOTION: Mayor'Dorn moved to appoint Peggy Lipe, Ardis Schroeder, Alan Miller, Dorothy Berkhead, Grace Hedges, Sylvia Cook and Ron Meyers to the Refuse Collection Franchise Board. The motion was seconded by Councilman Lemons and carried unanidously. (5-0) C. NEW BUSINESS C-1 CORRESPONDENCE FROM CAYUCOS SANITARY DISTRICT REGARDING CITY OF MORRO BAY'S ACQUISITION OF "SPEEDWAY" PORTION OF CAYUCOS-MORRO BAY WASTEWATER TREATMENT PLANT SITE FROM SAN LUIS OBISPO COUNTY. Paul Baxter requested that Council consider this matter in closed session, at the end of the regular meeting.. Council concurred and this. -matter was postponed until a closed session could be held. C-2 CORRESPONDENCE FROM P.G.&.E. REGARDING ENERGY CONSERVATION,FAIR - JANUARY 23, 1982 Paul Baxter stated that P.G.&.E. had contacted-the.City to announce an Energy Fair to be held on January 23, 198'2, along with a tour of the, Morro Bay plant. The activities will be at the Morro Bay Elementary School, from 10 a.m, to 4 p.m. No action is necessary, the item is for informational purposes only. C-3 REQUEST FOR.APPROVAL OF CONTRACT CHANGE ORDER -NO. 1 ON LAUNCH RAMP AND FLOATING DOCK PROJECT Paul Baxter reviewed the project and stated that the redesign as required by the Fish and Game Commission called for different piles, which meant an increase in the cost of $4,566.32. Mr. Baxter stated that the project had just begun that day, and staff's recommendation was for approval of the change order. MOTION: Councilwoman Deutsch moved that the Council approve the Contract Change Order No. 1 for the Launch Ramp and Floating Dock project, in the amount of $4,566.32, as submitted. The motion was seconded by Councilwoman Ward and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None Councilman Anderson inquired as to an estimated completion date for the project. John Bressan stated that the project could be completed as soon as mid -January, and that this change should not delay the project. MORRO BAY CITY COUNCIL + . Regular Meeting - December 14, 1981 Page Seven C-4 REQUEST TO RE-ESTABLISH PARKING RESTRICTION ON THE WEST SIDE OF LAUREL STREET BETWEEN INTERSECTION OF CUESTA AND KOA STREETS Paul Baxter reviewed the history of this area, and stated that just recently this area was before the Council to remove the parking restrictions along the west side of Laurel and was now back before Council as a result of information received from residents of the area. Staff recommends re-establishing parking restrictions along the west side of Laurel. Mr. Millard Fodder, a resident of the a.rea,'urged Council to approve this action and re-establish the parking restrictions in this area. MOTION: Mayor Dorn moved that Council approve the Resolution to designate the west side of Laurel Street between Cuesta and Koa as a "No Parking" area and authorize the Mayor to sign on Council's behalf. The motion was seconded by Councilwoman Deutsch and carried unanimously. (5-0) C-5 CORRESPONDENCE FROM THE CHAMBER OF COMMERCE REGARDING CHRISTMAS DECORATIONS Paul Baxter reviewed the correspondence from the Chamber of Commerce and stated that this was a budgetary consideration, and staff was recommending that Council appoint representatives to meet with the Chamber and prepare cost estimates for the project. Mr. Arthur Bartlett, Vice President of the Chamber of Commerce requested that Council approve this request. Councilwoman Ward felt that a staff member should be assigned to meet with the Chamber of Commerce. Mayor Dorn stated that the Council looked favorably on this proposal, and urged the Chamber to bring back any cost estimates they come up with. C-6 APPROVAL OF BIDS AND AWARD OF CONTRACT CONTINGENT UPON SWRCB APPROVAL FOR CONSTRUCTION OF MORRO BAY/CAYUCOS SEWAGE OUTFALL Paul Baxter stated that bids had been recieved for the Outfall project and had been reviewed by Brown and Caldwell, who recommended that Macco Construction, with the low bid of $1,446,700, be awarded the bid. MOTION: Councilwoman Ward moved that Council award the bid for the Morro Bay/Cayucos Sewage Outfall Project to Macco Construction, in the amount of $1,446,700. The motion was seconded by Mayor Dorn. The motion was then withdrawn, as well as the second, and further discussion ensued. Paul Baxter stated that the Resolution should be amended to reflect the correct .figure of,$1',446,70,0. MOTION: Councilwoman Ward moved that Council award that Council award the bid for the Morro Bay/Cayucos Sewage Outfall,, MORRO BAY CITY COUNCIL • Regular Meeting - December 14, 1981 Page Eight • project to.Macco Construction, and approve the amended Resolution and authorize the Mayor to sign on behalf of the Council. The motion was seconded by Mayor Dorn and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Mayor Dorn NOES: None ABSTAIN: Lemons C-7 APPROVAL OF BIDS AND AWARD OF CONTRACT FOR RENOVATION OF SOUTH CITY T-PIER Paul Baxter reviewed the bids received and stated that Conco Engineering had submitted the low bid of $275,393, which staff is recommending for bid award. Councilwoman Ward asked Mr. Bressan what assurances the City had against engineering or design errors and Mr. Bressan stated that although there were no guarantees, the work was done as professionally and carefully as possible. For this particular project, Bid Alternate B was used, which meant a complete renovation rather than a partial is contracted for, but not necessary called for. Councilman Lemons questioned the 10% figure for contract change orders, and suggested a lesser amount, such as 5%. Mr. Bressan stated that a 5% figure for contract change order would be satisfactory. MOTION: Councilman Lemons moved that the Council approve the bid award and amended Resolution (with the 5% contract change order as amended) and authorize the Mayor to sign on the Councils behalf. The motion was seconded by Councilwoman Deutsch and unanimously carried. (5-0) C-8 SELECTION OF COUNCIL REPRESENTATIVE FOR CHANNEL COUNTIES ACTION ITEMS Paul Baxter reviewed this item and stated that the Channel Counties Division of the-I:eague of California Cities had requested that Council designate a representative for their Channel Counties action items. MOTION: Councilwoman Deutsch moved that Council appoint Mayor Dorn as representative or designate to the .Channel Counties League of California Cities. The motion was seconded by Councilman Lemons and carried unanimously. (5-0) D. CONSENT CALENDAR Paul Baxter read and reviewed the items on the Consent Calendar as follows: ' D-1 APPROVAL OF AMENDMENT NO. 2 TO JOINT POWERS AGREEMENT/NO. COASTAL TRANSIT MORRO BAY CITY Regular Meeting Page Nine COUNCIL - December 14, 1981 Paul Baxter stated that this item was to be rescheduled to a future Council meeting. D-2 APPROVAL OF COUNCIL MINUTES FROM THE REGULAR MEETINGS OF OCTOBER 26, NOVEMBER 9, and NOVEMBER 23, 1981. Staff recommends approval as submitted. D-3 CHAMBER OF COMMERCE EXPENDITURE REPORT FOR NOVEMBER, 1981 Paul Baxter stated that the Finance Director has reviewed the report and recommends approval as submitted. D-4 EXPENDITURE REPORT FOR THE CITY OF MORRO BAY, NOVEMBER 1981 Staff recommends approval as submitted by the Finance Director. D-5 ADDENDUM TO JPA AGREEMENT Paul Baxter explained that the addendum was for the purpose of allowing the City of Lompoc to participate in the liability insurance portion of the JPA. Staff recommends approval of the addendum to the JPA Agreement. D-6 APPROVAL OF PURCHASE OF PLAQUE FOR "PELICAN FAMILY" SCULPTURE BY W. KORISHELI Paul Baxter reviewed the history of this matter, and stated that this plaque had not been budgeted for during this last year's budget, but that the sculpture has been existing now for some -time and it would be appropriate to purchase the plaque and install it on the sculpture. Staff recommends that Council authorize the expenditure of $200 from the City Administrator's budget to.purchase and install the plaque. D-7 AUTHORIZE EXPENDITURE OF $500 OF PUBLIC SERVICES FUND TO BE USED TO TRANSPORT INEBRIATED CITIZENS FROM 12/18 THROUGH 1/2/82 Paul Baxter informed Council that this was a pilot program to provide transportation during the holidays to inebriated citizens, and that the funds were to be from the Public Services Fund, and that a report would be brought back to Council along with a recommendation regarding the project. Staff recommends approval of the expenditure of $500 from Public Services for this project. D-8 AUTHORIZE CITY CLERK TO SIGN LOAN AGREEMENT FOR HOFBRAU RESTAURANT EQUIPMENT PURCHASE. Paul Baxter stated that the Hofbrau Restaurant and Bank of America were requesting the City's signature on a loan document, as the City is the landowner. Mr. Baxter stated that the City Attorney has reviewed the document and feels that the request is routine. This is not a co-sign for a loan, simply an authorization as landowner. Staff recommends approval and authorization of City Clerks signature. �J 0 MORRO BAY CITY Regular Meeting Page Ten COUNCIL - December 14, 1981 D-9 APPROVAL OF REQUEST - MICHAEL DEGARIMORE TO ACQUIRE LEASE SITE 90 AND 90W FOR CHANGE OF USE FROM A MACHINE SHOP TO A WHOLESALE/RETAIL FISH AND SEAFOOD PROCESSING OPERATION At the request of Councilwoman Deutsch and City Attorney LeSage, this item was removed from the Consent Calendar for discussion. MOTION: Councilman Lemons moved that the Consent Calendar be approved as submitted, with the exception of item D-9, which was removed from the Consent Calendar for discussion. The motion was carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None D-9 APPROVAL OF REQUEST - MICHAEL DEGARIMORE TO ACQUIRE LEASE SITE 90 AND 90W FOR CHANGE OF USE FROM A MACHINE SHOPu TO A WHOLESALE/RETAIL FISH AND SEAFOOD PROCESSING OPERATION Michael LeSage stated that he had several changes and questions regarding the lease agreement, ihcluding:.the percentage figure, the inclusion of Michael DeGarimore's name in the lease and the inclusion of all business2s in the lease. There was discussion regarding changes in the language of the lease. Mr. Schiebelhut, representing Mr. DeGarimore, was present and stated that his client was under a time limit and needed approval of this lease prior to the expiration of the escrow. After additional discussion, Council agreed to meet prior to the next regularly scheduled meeting, to discuss and finalize this agreement. MOTION: December 21st, 1981, at 5:00 p.m. in the City Hall Conference Room, to further discuss the lease agreement. The motion was seconded by Mayor'Dorn and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None E. INDIVIDUAL DETERMINATION AND/OR.ACTION E-3 CITY ADMINISTRATOR John Bressan reviewed the condition of the Wastewater,Treatment Plant and stated that it currently was in need of approximately $40,000 - $50,OOO worth of repair to be operational again, and stated that the plant was currently in violation of discharge regulations. Mr. Bressan stated that the beaches have been posted for health hazards, but that it could take several months for the MORRO BAY CITY COUNCIL Regular Meeting - December 14, 1981 Page Eleven .necessary parts to arrive, as they are very specialized. Mr. Bressan stated that staff is requested authorization of expenditure of up to $50,000 for emergency repairs to the wastewater treatment plant. Mr. Bressan also announced that he had contacted the State Water Resources Board for grant monies and that the contact had been very favorable, with a possibility of an amended report to include some repai-r•Icosts along with the Outfall project money. Mr. Bressan read a list of mandatory plant repairs that would guarantee 5 years of reliable operation, and the cost figure for these repairs was approximately $65,000. MOTION: Councilman Lemons moved that Council approve the request of $50,000 from the Revenue Sharing Appropriations as a loan to the Sewer Fund for'emergency repairs to the wastewater treatment plant: The motion was seconded by Mayor Dorn and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None Paul Baxter announced that approximately $1,300 had been raised by the City surplus items auctioned off on Saturday the 12th. Paul Baxter announced that the terms of two Planning Commissioners will expire on -December 31st, and that announcments of these vacancies will be posted and this matter will be brought back to Council at their meeting of January 11, 1982, for appointments to fill these vacancies. Mr. Baxter stated that the Code will allow the two Commissioners to serve past their term, until replacements or reappointments are made. Mr. Baxter also suggested to Council that the meeting_ of. December 28th, 1981, not be held, as a courtesy to the public, so that those unable to attend because of the hofi3ay season, not miss any items of interest. Council agreed that the meeting of December 28, 1981 not be held. Councilwoman Ward asked Mr. Bressan to check on the Dune Street piles, as she thought they might be infringing on -the adjacent site. Mr. Bressan said that he would check this information. MOTION: Councilman Lemons moved that Council adjourn to a closed session. The motion was seconded by Mayor Dorn and carried unanimously. The meeting was adjourned to a closed session at•9:45 p.m. The meeting was reconvened at 9:55.p.m. MORRO BAY CITY COUNCIL Regular Meeting - December 14, 1981 Page Twelve MOTION: Councilman Lemons moved that the Council adjourn in memory of Whitey Rowlands, until December 21, 1981, at 5:00 p.m. in the City Hall Conference Room. The motion was seconded by Councilman Anderson, and the meeting was adjourned at 9:55 p.m. RESPECTFULLY SUBMITTED, PL-J Peggy Buchanan Deputy City Clerk CITY OF MORRO BAY REGULAR MEETING - DECEMBER*, 1981 RECREATION HALL, 7:30 P.M. Call to Order Pledge of Allegiance Invocation - Thomas Dillard, Estero Bay Methodist Church A. PUBLIC.HEARINGS, REPORTS AND APPEARANCES A-1 REVIEW OF SAN LUIS OBISPO COUNTY NUCLEAR POWER PLANT EMERGENCY RESPONSE PLAN III.30 STANDARD OPERATING PROCEDURES, CITY OF MORRO BAY A-Z AN ORDINANCE Ah1ENDING ORDINANCE 178 (PART) AND SECTION 17.44.020 OF THE MORRO BAY MUNICIPAL CODE (CONTINUED) A-3 CLAIM AGAINST THE CITY OF 14ORRO BAY BY NEIL KLINE B. UNFINISHED BUSINESS B-1 STAFF REQUEST FOR COUNCIL APPROVAL OF AGREEMENT WITH CAL COAST CHARTER, INC. FOR DIAL -A -RIDE TRANSIT SERVICES B-2 ADOPTION OF FRANCHISE AGREEMENT AND RATE POLICY RELATING TO REFUSE SERVICE B-3 FURTHER CONSIDERATION OF BAY AMBULANCE CONTRACT B-4 VACANCIES ON REFUSE COLLECTION FRANCHISE BOARD C. NEW BUSINESS C-1 CORRESPONDENCE FROM CAYUCOS SANITARY DISTRICT REGARDING CITY OF MORRO BAY'S ACQUISITION OF "SPEEDWAY" PORTION OF CAYUCOS-MORRO BAY WASTEWATER TREATMENT PLANT SITE FROM SAN LUIS OBISPO COUNTY C-2 CORRESPONDENCE FROM P.G.&.E. REGARDING ENERGY CONSERVATION FAIR - JANUARY 23, 1932 C-3 REQUEST FOR APPROVAL OF CONTRACT CHANGE ORDER NO. 1 014 LAUNCH RAMP AND FLOATING DOCK PROJECT C-4 REQUEST TO RE-ESTABLISH PARKING RESTRICTION ON THE WEST SIDE OF LAUREL STREET bETWEEN INTERSECTION OF CUESTA AND KOA C-5 CORRESPONDENCE FROM CHAMBER OF COMMERCE REGARDING CHRISTMAS DECORATIONS C-6 APPROVAL OF BIDS AND AWARD OF CONTRACT CONTINGENT UPON SWRCB APPROVAL FOR CONSTRUCTION OF MORRO BAY/CAYUCOS SEWAGE OUTFALL C-7 APPROVAL OF BIDS AND AWARD OF CONTRACT FOR RENOVATION OF SOUTH CITY T-PIER C-8 SELECTION OF COUNCIL REPRESENTATIVE FOR CHANNEL COUNTIES ACTIO14 ITEMS D. CONSENT CALENDAR These items are routine in nature and are to be acted upon as a unit by the Council without comments and as recommended by the City Administrator unless a Council member asks for discussion of a particular item. Notable items on the Consent Calendar include the following: U-1 APPROVAL OF AMENDMENT NO. 2 TO JOINT POWERS AGREEMENT NO. COASTAL TRANSIT D-2 APPROVAL OF COUNCIL MINUTES FROM THE REGULAR MEETINGS OF OCTOBER 12, 1981; NOVEMBER 9, 1981; AND NOVEMBER 23, 1981 D-3 CHAMBER OF COMMERCE EXPENDITURE REPORT FOR NOVEMBER 1981 D-4 EXPENDITURE REPORT FOR THE CITY OF MORRO BAY, NOVEMBER 1981 D-5 ADDENDUM TO JPA AGREEMENT D-6 APPROVAL OF PURCHASE OF PLAQUE FOR "PELICAN FAMILY" SCULPTURE BY W. KORISHELI D-7 AUTHORIZE EXPENDITURE OF $600 OF PUBLIC SERVICES FUND TO BE USED TO TRANSPORT INEBRIATED CITIZENS FROM 12/18 THROUGH 1/2/82 D-8 AUTHORIZE CITY CLERK TO SIGN LOAN AGREEMENT FOR HOFBRAU RESTAURANT EQUIP14ENT PURCHASE D-9 APPROVAL OF REQUEST - 11ICHAEL DEGARIMORE TO ACQUIRE LEASE SITE 90 AND 90W FOR CHANGE OF USE FROM A MACHINE SHOP TO A WHOLESALE/RETAIL FISH & SEAFOOD PROCESSING CITY OF MORRO BAY • REGULAR MEETING - DECEMBER 14, 1981 RECREATION HALL, 7:30 P.M. E. INDIVIDUAL.DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ATTORNEY E-3 CITY ADMINISTRATOR PB/pb MORRO BAY CITY COUNCIL Regular Meeting - November 23, 1981 Recreation Hall - 7:30 P.M. The meeting was called to order by Mayor Warren 11. Dorn at 7:30 p.m. The Pledge of Allegiance was led by Horace Strong and the invocation was given by Reverend Robert Whaley, Calvary Baptist Church. ROLL CALL PRESENT: Roger Anderson Dortha Deutsch John Lemons Herminia,Ward Warren M.' Dorn STAFF: Paul Baxter Michael LeSage John 8ressan Murrel Crump Gary Napper Al Olson Mary Sanders Gere Sibbach Peggy Buchanan Councilman Councilwoman Councilman Councilwoman Mayor City Administrator City Attorney Director Public Works Director, Community Development Administrative Assistant Police Chief Recreation Director Finance Director Deputy City Clerk Paul Baxter requested that the meeting be adjourned in memory of Carl Thornton, past City Administrator of Morro Bay, who recently passed away. Mayor Dorn, with Council concurrance, so declared. A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 CONSIDERATION OF A FRANCHISE AGREEMENT WITH SONIC CABLE TV COMPANY (CONTINUED) Mr. Baxter stated that this was a noticed Public Hearing to continue discussion regarding the proposed franchise agreement with Sonic Cable TV. At the City Council meeting of November 9, 1981, Council had approved, in concept, an agreement with Sonic for a ten year period, with a 40% cap on rate increases for 5 years. The Sonic Cable TV Company, in a meeting subsequent to November 9, indicated that this was an unacceptable agreement. Staff recommends that Council adopt an amended franchise agreement as discussed at the November 9 meeting, with the exception that the length.of contrct be extended to 15 years. Mr. Steve Burrell, representing Sonic Cable TV Company, stated that Sonic felt its request for 15 years was reasonable, as the franchise is non-exclusive and could also be revoked in the instance of non-performance. Councilwoman Deutsch felt that the length of time for this agreement was.not consequential, since the agreement was non-exclusive and the City was not held to receiving service from Sonic only. HORRO BAY CITY COUNCIL Regular Meeting - November 23, 1981 Recreation Hall - 7:30 P.M. Page Two Councilman Lemons asked if rates as shown on Exhibit A of the proposed agreement were current rates, or those proposed. Mr. Burrell stated that the residential rates as shown were the current rates, however the bulk or commercial rates were those being proposed. Councilman Lemons inquired as to the rate status under the provision of AB 699. There was a brief discussion regarding rates allowed under this legislation and those rates being proposed. Mr.'Zill Hargan, also representing Sonic Cable TV, stated that Sonic would not be allowed to raise the rates more than 75% of the Consumer Price Index in any given year, and would voluntarily limit its increases to 8% in any given year. Councilman Anderson asked representatives of Sonic about their collmittment to serve all residents in Morro Bay. Sonic stated that unless prohibited by law or PUC regulations, they would provide service. There was a brief discussion regarding replacement costs and time frames, for wires and equipment. dr. Hargan stated that usually cables are replaced every 8 to 10 years, and this was last done approximately 7 years ago, at a cost of $600,000 to $700,000. Mr. LeSage stated that a 15 year agreement was typical for the industry to all financing time for equipment replacement. Mr. Baxter stated that although Sonic was not willing to accept the proposed 10 year agreement, they would accept an agreement that would be 10 years, plus the remaining three years of the current contract, or a total of 13 years. Mr. Hargan briefly reviewed the negotiations that have taken place over the past year, stating that both City staff and Sonic have worked hard to come to an agreeable solution that would be advantageous to both parties. Mr. Hargan cited several advantages to the City under the proposed agreement, such as the control that would be retained by the City, equalized rates, and additional revenues which would be received by the City. Councilwoman Deutsch inquired as to the length of time Sonic had been serving the area, and how long the original franchise agreement was for. Mr. Hargan stated that Sonic as an entity has had an agreement since 1977 with Morro Bay, however, the original agreement was with the County and then transferred to Morro Bay when it incorporated. Councilman Lemons asked what type of rate increases would be proposed, after the initial 3 year period of S% per year. .Mr. Baxter stated that rates could be increased 8% for the first three years, with a 60% cap for the next 5 year period. MORRO BAY CITY COUNCIL Regular Meeting - November 23, 1981 Recreation.Hall- 7:30 P.M. Page Three Mayor. Dorn.stated that.the proposed•agreement_would..hold down residential rates and allow commercial or bulk rates to rise. Howard Gaines spoke in opposition to the proposed 15 year franchise agreement and stated that he felt this would give Sonic a "monopoly" in the area. Mayor Dorn responded that there could be no monopoly where a non-exclusive agreement such as the one proposed with Sonic, exists. Mr. BruceRisley stated thathe.wast.hot convinced that the negotiatjons_we,r:e____. _ in the best interest of the people of Morro Bay and felt that Council should not_be_ _threatened"`'by Sonics promise to raise rates. Mr. Risley also felt that the length of the agreement should be less than the proposed 10 years, and that the City should require a higher percentage of,compensation. Mr.` Lemons stated that the industry standard was currently 3%, and Morro Bay would be receiving 4%, plus 2% of HBO, under the proposed agreement. Councilman Anderson asked Mr. Baxter if the City has ever been contacted by any other company wishing to serve this area, or if he had knowledge of any such company. Mr. Baxter stated.that Morro Bay had not been contacted by Falcon, which is the only other company in the area, or by any other outside company. Nancy Dunn, subscriber and supporter of KQED, was concerned regarding the proposed removal of KTVU and KQED from the programming of Sonic. Mr. Burrell gave a brief explanation covering the reasons for this action by Sonic, stating that microwave transmissions.were declining in quality and the microwave company had lost so many subscribers that it was not able to upgrade its service. MOTION: Councilwoman Deutsch moved that the Public Hearing be closed. The motion was seconded by Mayor Dorn and carried unanimously. (5-0) Councilman Lemons asked Mr. LeSage if it would be possible to add to the agreement a statement that if and when a major capital expenditure took place that the agreement would then be extended. . Mr. LeSage stated that this would.be possible. MOTION: Councilwoman Deutsch moved that the City Council keep the existing agreement with Sonic and that if and when a major capital expenditure occurs, a new extension be granted. The motion was seconded by Councilman Lemons. There was then.discussion on the need for a contract or agreement with Sonic at all, since there was no such agreement currently. Councilwoman Deutsch withdrew her motion, and Councilman Lemons withdrew his second. MORRO BAY CITY Regular Meeting Recreation Hall Page Four COUNCIL - November 23, 1981 - 7:30 P.M. A-2 RECOMMENDATION BY PLANNING COMMISSION FOR AMENDMENT OF THE ZONING ORDINANCE CONCERNING OPEN VEHICLE PARKING IN RESIDENTIAL ZONES (FIRST READING) Mr. Baxter stated that this was a noticed Public Hearing. This item had been previously discussed by the Planning Commission and was being brought to the Council for their adoption. Mr. Crump provided a background to this Ordinance, stating that there was a gap in the Zoning Ordinance which does not cover the storing or parking of operational vehicles in residential zones, and there has been a regulatory problem in this area. Mr. Crump reported that the staff recommendation was for approval of the Ordinance to Amend the Zoning Ordinance of the City of Morro Bay. Mr. Crump reviewed Exhibit "A" which had been revised and would place a limit on the number of vehicles to be parked,.and the location for them to be parked in a residential zone. Councilwoman.Deutsch objected to the ordinance requiring that there be a limit to the number of vehicles a resident could park in their driveway, and also questioned the use of the word "temporarily". Councilwoman Ward felt the intention of the ordinance was to clean out "junk" areas in many yards, where cars were parked all over. Councilman Anderson stated that he could foresee problems with this ordinance in that many citizens would be in violation of this ordinance and yet could not alleviate the problem. Wendy McKee, spoke in opposition to the ordinance, stating that her teenage sons restored cars as a hobby and she felt that this was a worthwhile pastime and did not want to have to stop their activity. She stated that there had been a complaint against her and that she had gone to great difficulty to remove the vehicles from the front area of her home. Howard Gaines stated that he was in favor or any ordinance that would alleviate the: problem of cars being parked in the yard area of homes. There was discussion regarding certain areas of Morro Bay and how this ordinance would be enforced. MOTION: Councilman Lemons moved that the` Public Hearing to consider an 'amendment to the Zoning Ordinance concerning open vehicle parking in residential zones be continued to the meeting of December 14, 1981, to allow staff time to revise or amend the ordinance as per discussion. The motion was seconded by Councilman Anderson and carried unanimously. (5-0) u MORRO BAY CITY COUNCIL Regular Meeting - November 23, 1981 Recreation Hall - 7:30 P.M. Page Five Council recessed at 9:35 and reconvened at 9:50p.m. B: UNFINISHED BUSINESS B-1 CONSIDERATION FOR AMENDMENT OF MUNICIPAL CODE, CHAPTER 14.72 FLOOD DAMAGE PREVENTION (SECOND READING) Mr. Baxter stated that this is the final reading of the Ordinance to allow for administrative modification to the ordinance. Staff recommends that Council adopt the amendment and read by title and number only. MOTION: Councilman Anderson moved that Council read this Ordinance by title and number only. Motion seconded by Councilwoman Ward and carried unanimously. (5-0) Mr. Baxter read "Ordinance.to amend Chapter 14.72 of the Municipal Code of the City of Morro Bay, Flood Damage Prevention". MOTION: Councilwoman Ward _moved that Council adopt this Ordinance. (Second Read ingj)_ The motion was iseconded by Councilwoman Deutsch and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None C. NEW BUSINESS C-1 CONFIRMATION OF PLANNING COMMISSION INTERPRETATION OF MUNICIPAL CODE. (ZONING ORDINANCE) SECTION 17.32.090 CONCERNING "APPAREL" SALES IN C-1 ZONE. Mr. Baxter stated that this matter was brought to Council for their approval of a Planning Commission interpretation to the Zoning Ordinance. Mr. Crump reviewed the interpretation, and stated that a request had been made to open a business in a C-1 zone to sell used apparel. The Planning Commission found that this was an approved use in a C-1 zone. There was a brief discussion regarding thrift stores and the distinction between a thrift store and used apparel sales. MOTION: Councilman Lemons moved that the City Council approve the Planning Commissions: -interpretation of Section 17.32.090 of the Municipal Code. The motion was seconded by Councilwoman Ward and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None 6 MORRO BAY CITY COUNCIL Regular Meeting - November 23, 1981 Recreation Hall - 7:30 P.M. Page Six C-2 OPTION ON LEASE SITE 68-68W BY DEANNA DAVIS. This item was removed from the agenda at the reyiaest ot="the applicaht.__ C-3 APPOINTMENTS BY COUNCIL OF REFUSE COLLECTION FRANCHISE BOARD Mr. Baxter announced that the newly created Garbage Franchise Board has five vacancies. There have been 5 applications, plus two additional applications received after the deadline, for Council's review. There was a brief discussion regarding the applications. MOTION: Councilman Lemons moved that Council continue this matter until the meeting of December 14, 1981, to review all applications and direct staff to continue to accept applications until• December 4, 1981. The motion was seconded by Councilwoman Ward and carried unanimously. (5-0) C-4 CONCEPTUAL RECOMMENDATION REGARDING THE SELECTION OF A VENDOR FOR PROVIDING TRANSIT SERVICES John Bressan gave a brief staff report regarding the bids received from three vendors for Morro Bay transit services. Mr. Bressan explained how the bids were analyzed and selected, on the basis of price, response to the bids, ability to provide the service and knowledge of Dial -A -Ride. Cal Coast Charter had the low bid of $109,969, w�i_L'h all three bids ,judged-equal__oh the reriaining categories. — ___ Staff recommends that Council award the bid to Cal Coast Charter and instruct staff to bring back an agreement to meeting of December 14, 1981. Mr. Baxter stated that due to an oversight, this item did not appear in the published agenda in the paper, but Council has the option to approve without this notice. Councilman Anderson had several questions regarding the cost per mile figure, and asked whether it could be raised, or if Cal Coast had the right to request a raise of this figure. Mr. Bressan said no, .this was not part of the agreement. There was also some discussion regarding verifying of the actual mileage traveled and other -safeguards for this type of system. - Mr. Bressan said that there were several ways to check actual mileage necessary, and that these would be watched. Mr. Bressan also indicated that Cal Coast Charter had volunteered a sliding scale arrangement if miles traveled exceed those planned for. MORRO BAY CITY COUNCIL Regular Meeting - November 23, 1981 Recreation Hall - 7:30 P.M. Page Seven Mr. Robert Wilson, from Community Transit Service, requested the City Council consider their bid, as their past history with the City of Morro Bay has shown that they consistently come in under budget every year. The difference in the bids is $3,096, and Mr. Wilson felt that this was not a significant amount to save to warrant changing vendors. Mr. Peter Dworkis, President of Cal Coast Charter, Inc., was present and stated that his service was very qualified to handle this area, and was planning on a smooth transition period. Cal Coast will also offer employment to existing staff or bring qualified people from other areas to train new staff. Councilman Anderson asked Mr. Bressan if there was anything to indicate that transition costs or levels of service.might justify staying with the current vendor.and losing the $3,096 savings. Mr. Bressan stated that he did not think the transition would cause any problems and recommended Cal Coast Charter. Councilwoman Ward was concerned about the waiting time for Dial -A -Ride customers, and stated that she had heard several complaints about the long waiting time. Mr. Bressan responded that Dial -A -Ride always tries to keep to its goal of a 15 minute wait time, however, mechanical failures sometimes cause a longer waiting period. MOTION: Councilman Anderson moved that the Council award the bid for transit services to Cal -Coast -Charter, —Inc., and instruct staff to bring an agreement back to Council, on the December 14th meeting. The motion was'seconded by Councilwoman Deutsch and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Mayor Dorn NOES: Lemons. D. CONSENT CALENDAR D-1 RESOLUTION OF CITY OF MORRO BAY TO S.L.O. BOARD OF SUPERVISORS - DELETED D-2 RESOLUTION MAKING APPLICABLE THE PROVISIONS OF CODE OF CIVIL PROCEDURE SECTION 1.094.6 PROVIDING FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS Mr. Baxter briefly reviewed this resolution and read staff recommendation that Council adopt the Resolution enacting Code of Givil Procedures, Section 1094.6. D-3 DESIGNATION. OF NO PARKING AREA FOR BUS STOP PURPOSES AND FIRE DEPARTMENT ACCESS ON THE SOUTH SIDE OF HARBOR STREET, ADJACENT TO THE MORRO BAY ODDFELLOWS HALL AND MORRO BAY CITY PARK ACCESS GATE. I • 0 MORRO BAY CITY COUNCIL Regular Meeting— Novebmer 23, 1981 Recreation Hall - 7:30 P.M. Page Eight Mr. Baxter explained that this designation of "No Parking" is to allow for a safer exit and egress for the Fire Department emergency vehicles, and a change in bus stop locations. Councilwoman Ward asked for a clarification of the exact location proposed. Mr. Bressan expIained`tiie area for no parking ano the new bus stop site. Councilman Anderson stated that at the North Coast. Transit Meeting, it was felt this location would better serve the ridership. Mr. Bressan stated that a new and more attractive bus waiting area and bike rack would be added also. D-4 APPROVAL -OF MINUTES OF SPECIAL MEETING OF SONIC CABLE TV COMPANY ON NOVEMBER 2, 1981. Staff recommends approval of minutes as submitted. D-5 APPROVAL OF EXPENDITURE REPORT FOR OCTOBER 1981 Staff recommends approval of Expenditure Report for October 1981 as submitted. MOTION: Councilman Lemons moved that City Council approve the Consent Calendar as•submitted. The motion was seconded by Councilwoman Deutsch, and carried by the following roll call vote:* AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None E. INDIVIDUAL DETERMINATION AND/OR ACTION E-3 (1) PILING REPLACEMENT Mr. Baxter announced that this item involves the emergency replacement of pilings at the Dune Street docks, and an award of contract to McCray Construction in the amount of $7,000. MOTION: Councilman Lemons moved that the Council find this an emergency situation and award the. contract to McCray_ Construction for the _ reolacement_of broken pilings in the Dune Street docks, for the — amount of $7,000. The motion was seconded by Councilwoman Ward and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None MO RRO BAY CITY COUNCIL Regular Meeting - November 23, 1981 Recreation Hall - 7:30 P.N. Page Nine E-3 (2) RESOLUTION NO. 109-81 TO IMPROVE THE EXISTING OUTFALL FROM THE CITY'S WASTEWATER TREATMENT PLANT Paul Baxter explained the basic resolution, to improve the outfall from the City's Wastewater Treatment Plant. Staff recommends approval of Resolution 109-81. MOTION: Councilman Lemons moved that the Council adopt Resolution 109-81 To Improve the Existing Outfall from the City's Wastewater Treatment Plant. The motion was seconded by Councilwoman Ward and carried by the following roll call vote: . AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None Hr. Baxter announced that on Thursday, November 19th, Councilwoman Ward, Mr. Bressan and fie attended a meeting of the Coastal Commission in Huntington Beach, to discuss an application to repair the T-Pier, Dune Stabilization, to protest an application for Mr. and Mrs. Irvin, and discuss an application for drinking fountain. Mr. Baxter also stated that there had been a fire in one of the generators at the P.G.&.E. plant, but tours were still available for Councilmembers to attend. Mr. Baxter also requested that Council consider cancellation or rescheduling of the December 'Lath City Council meeting, as it falls on the Monday after Christmas and might pose an inconvenience to local citizens who might be out of town and thus unable to attend the meeting. Councilman Lemons spoke regarding the "No Parking" change on Laurel, and suggested that this be revised to reinstitute "No Parking" on the west side of the street. Councilman Lemons requested staff to bring a revision back to the December 14th meeting. There was a discussion regarding a parking lot along the Embarcadero, that is unsightly in appearance. Mr. Crump stated that there was no permit for this parking area and its status was illegal. MOTION: Councilwoman Deutsch moved that staff review abatement of this parking lot on the Embarcacero and city or abate the problem. The motion was seconded by Councilwoman Ward and was carried by the following roll call vote: AYES: Ward, Lemons, Deutsch, Mayor Dorn NOES: None ABSTAIN: Anderson NokkO -BAY CITY COUNCIL kegular Meeting - November 23, 1981 Recreation:Hall - 7:30 P.M. Page Ten Howard Gaines asked what the status of the sewer grant was. 11r. Bressan responded that the status has not changed much since 30 days ago, but that a report is being prepared for remodification of plans to see if there will be partial or full funding. MOTION: Councilwoman Deutsch moved that the Council adjourn to the regular meeting of December 14, 1981, and that tonights meeting be adjourned_in memory of Mr. Carl Thornton. The motion was seconded by Councilwoman Ward and carried unanimously. (5-0) kESPECTFULLY SUBMITTED, Peggy Mucha Deputy City Clerk. CITY OF MORRO BAY REGULAR MEETING - NOVEMBER 9, 1981 RECREATION HALL, 7:30 PM Call to Order Pledge of Allegiance - Horace Strong, representing all veterans Invocation - Rev. Richard Hudson, Foursquare Gospel Church A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 REQUEST OF MICHAEL DeGARIMORE TO APPROVE ACQUISITION OF, LEAST SITE 90 & 90W (LESSEE EDDY, SUBLESSEE BARRON) AND FOR A CHANGE OF USE FROM A MACHINE SHOP TO WHOLESALE/ RETAIL FISH SALES & SEAFOOD PROCESSING. (CONTINUED) A-2 CONSIDERATION OF A FRANCHISE AGREEMENT WITH SONIC CABLE TV COMPANY. (CONTINUED) A-3 REQUEST FROM MORRO BAY GARBAGE FOR RATE ADJUSTMENT AND TEN YEAR EXTENSION OF CONTRACT. A-4 CONSIDERATION FOR AMENDMENT OF MUNICIPAL CODE, CHAPTER.14.72, FLOOD DAMAGE PREVENTION. B. UNFINISHED BUSINESS B-1 AN ORDINANCE ADDING SECTION 2.09 TO THE MORRO BAY MUNICIPAL CODE WHICH WOULD ALLOW FOR THE CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTIONS,(APRIL) WITH THE STATE- WIDE DIRECT PRIMARY ELECTION (JUNE) (SECOND READING) C. NEW BUSINESS C-1 METHOD OF APPLICATION OF PARTIAL UTILITY BILL PAYMENTS. C-2 APPOINTMENT BY COUNCIL TO FILL VACANCY ON PARKS & RECREATION COMMISSION. C-3 CONFIRMATION OF PLANNING COMMISSION INTERPRETATION OF ZONING ORDINANCE SECTIONS 17.32.040 AND 17.32.050 RELATIVE TO GUEST HOUSES. D. CONSENT CALENDAR These items are routine in nature and are to be acted upon as a unit by the Council without comments and as recommended by the City Administrator unless a Council member asks for discussion of a particular item. Notable items on the Consent Calendar include the following: D-1 VACANCIES ON REFUSE COLLECTION FRANCHISE BOARD. D-2 APPROVAL OF OCTOBER EXPENDITURE REPORT FOR THE CHAMBER OF COMMERCE. D-3 BID FOR 1/2 TON PICKUP AND TOOL BOX BODY (PARK MAINT) (BID NO. PS-81-310) D-4 FINANCIAL REPORTS FOR YEAR ENDED JUNE 30, 1981 AND QUARTER ENDED SEPTEMBER 30, 1981. D-5 REAPPROPRIATION OF ENCUMBRANCES FROM 1980-81. D-6 COUNCIL AUTHORIZATION FOR FUND TRANSFER AND PERMISSION TO ENGAGE CONTRACT STAFF FOR CONTINUED LCP-LAND USE PLAN WORK. D-7 PROCLAMATION TO PROCLAIM NOVEMBER 21, 1981 AS MORRO BAY-ST. JUDE CHILDREN'S RESEARCH HOSPITAL DAY. D-8 ADDITION TO CLASSIFICATION PLAN/ACCOUNTANT. D-9 PROCLAMATION TO EMPHASIZE NATIONAL FAMILY WEEK. D-10 APPROVAL OF COUNCIL MINUTES FROM THE REGULAR MEETING OF OCTOBER 26, 1981 E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ATTORNEY E-3 ADMINISTRATOR PB/moc i TENTATIVE AGENDA MORRO BAY CITY COUNCIL MEETING ..November 9, 1981 The Morro Bay City Council will meet Monday, November 9, 1981 at 7:30 pm at the Recreation Hall located at the corner of Shasta and Dunes. The items presented in the advertisement are tentatively scheduled to be considered at that meeting. A completed agenda package will be available for review as of November 6, 1981. PUBLIC HEARINGS, REPORTS & APPEARANCES Request of Michael DeGarimore to approve acquisition of Lease Site 90 & 90W (Lessee Eddy, Sublessee Barron) and for.a change of use from a machine shop to wholesale/ retail fish sales & seafood processing. (CONTINUED) Consideration of a franchise agreement with Sonic Cable TV'Company. (CONTINUED) Request from Morro Bay Garbage for rate adjustment and ten year extension of contract. Consideration for amendment of Municipal Code Chapter 14.72, Flood Damage Prevention. NEW BUSINESS Method of application of partial utility bill payments. Appointment by Council to fill vacancy on Parks & Recreation Commission. Confirmation of Planning Commission interpretation of Zoning Ordinance Sections 17.32.040 and 17.32.050. relative to guest houses. UNFINISHED BUSINESS An Ordinance adding Section 2.09 to the Morro Bay Municipal Code which would allow for the consolidation of the General Municipal Elections (April) with. the statewide Direct Primary Election (June) (SECOND READING) CONSENT CALENDAR •r These items are routine in nature and are to�be acted upon as a unit by'the Council without comments and as recommended by the City Administrator unless a Council member asks for discussion of a particular item. Notable items on the Consent Calendar:include the following: Vacancies on Refuse Collection Franchise Board. Approval of October expenditure report for the Chamber of Commerce. Bid for 1/2 ton pickup and tool box body (Park Maint.) (Bid No. PS-81-310). Financial Reports for year ended June 30, 1981 and quarter ended September 30, 1981. reappropriation of Encumbrances from 1980-81. Council authorization for Fund Transfer and permission to engage contract staff for continued LCP-land Use plan work. Proclamation to proclaim November 21, 1981 as MORRO BAY - ST. JUDE CHILDREN'S RESEARCH HOSPITAL DAY. Addition to Classification Plan/Accountant. CITY OF MORRO BAY PUBLISH: November 4, 1981 Prepared by City Administrator 6 AGENDA CITY OF MORRO BAY ADJOURNED MEETING NOVEMBER 2, 1981 CITY HALL - 5:00 P.M. CALL TO ORDER. WORKSHOP: CONSIDERATION OF A FRANCHISE AGREEMENT WITH SONIC CABLE TV COMPANY. INDIVIDUAL DETERMINATION.. E HORRO BAY CITY COUNCIL Regular Meeting - November 9, 1981 Recreation Hall - 7:30 P.M. The meeting was called to order by Mayor Warren M. Dorn at 7:30 p.m. The Pledge of Allegiance was led by Horace Strong and the invocation was given by Reverend Richard Hudson, Foursquare Gospel Church. ROLL CALL PRESENT: Roger Anderson Dortha Deutsch John Lemons Herminia Ward Warren M. Dorn STAFF: Paul Baxter. Michael LeSage John Bressan Murrel Crump Gary Napper Al Olson Mary Sanders Gere Sibbach Peggy Buchanan Councilman Councilwoman Councilman Councilwoman Mayor City Administrator City Attorney Director, Public Works Community Development Director Administrative Assistant Police Chief Recreation Director Finance Director Administrative Secretary Paul Baxter read Resolution 105-81, commending Eleanore Goedeck'for:her-services to the City of Morro Bay, upon her retirement. Resolution 105-81 was unanimously adopted by the.City Council at their meeting of.October 26, 1981. A— PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 REQUEST OF MICHAEL DEGARIMORE TO APPROVE AQUISITION OF LEASE SITE 90 AND 90W (LESSEE EDDY, SUBLESSEE BARRON) AND FOR A CHANGE OF USE FROM A MACHINE SHOP TO A WHOLESALE/RETAIL FISH SALES AND SEAFOOD PROCESSING OPERATION. Mr. Baxter stated that this item had been continued from the meeting of October 26, 1981, at the applicant's request, to clarify certain language in the lease. Mr. Baxter stated that this matter was a noticed Public Hearing and that it would be appropriate for Council to receive public input at this time. Mayor Dorn opened the Public Hearing for comment. Jack Wallace, property management consultant for the City, presented Schedule A, a comparison of percentage rentals based on the percentage of gross income, for Council's review. Mr. Wallace explained the methodology in obtaining these percentage figures. MORRO BAY CITY COUNCIL Regular Meeting - November 9, 1981 Recreation Hall - 7:30 P.M. Page Two Councilman Lemons questioned the ..05% figure as shown on Schedule A for fish and seafood processing (wholesale). Mr. Wallace stated the.figure should read .50%, a reduction from the current 2% figure. Mr. LeSage stated that the City had been requested to look again.at the wholesale percentage figures because it does not allow some wholesalers to be competitive. Mr. Baxter stated that the arrearages owed by the current lessee would be taken care of prior to aquisition by the new lessee. 'Michael DeGarimore, the applicant, and his attorney Mr. Schiebelhut, stated that they had no objection to Schedule A as they understood it. The applicant also requested the right to substitute Central Coast Seafood for Michael DeGarimore as the lessee. There was a brief discussion regarding the previous proposed lease. Mr. Baxter stated that this lease had been taken care of about six (6) months earlier. Mr. Baxter also stated that a plot plan would be brought back to Council when submitted by the applicant. Councilwoman Deutsch requested a definition of what uses would take place under this lease. Mr. DeGarimore informed the Council that approximately 75% of the business would be wholesale, and approximately 25% retail. There was additional discussion regarding the applicant's business locations and what type of operation would take place at each location. Mr. DeGarimore stated that there had never been a wholesale operation at the Finicky Fish location. Mr. Ralph Gunther, an adjacent lessee, brought up several points in opposition to this lease, those being the appropriateness of the business for that location, the amount of parking space needed, improvements to be made, and the amount of water/dock space available for large boats. Mr. LeSage stated that the propsective lessee was agreeing to spend over $250,000 to establish this use. There was additional discussion regarding Mr. DeGarimore's use of water/dock space of adjacent lessee's. Mr. DeGarimore stated that there would only be loading and unloading of boats, with no permanent docking. Mr. DeGarimore also stated that he did have an alternate location td loadeand unload if needed. Mr. Harold Biaginni spoke in favor of the lease transfer. Mr. Cliff Smith of the Harbor Advisory Board, also spoke in favor of this lease transfer. Mr. Ernie Miller stated that the Council should encourage successful businesses such as Mr. DeGarimores' by approving this lease transfer. MORRO BAY CITY COUNCIL Regular Meeting - November 9, 1981 Recreation Hall - 7:30 P.M. Page Three MOTION: Councilman Lemons moved the Public Hearing be closed. The motion was seconded by Councilwoman Deutsch and unanimously carried. (5-0) Councilman Lemons requested information regarding the availability of fresh water useage for this lease. Mr. Baxter stated that construction would have to be completed within two years of a building permit issuance. However, there was no guarantee of water availability at that time, and the applicant was aware of this. There was discussion regarding certain amendments and changes in the language of the lease, and the length of the lease. MOTION: Mayor Dorn moved that the City Council approve this lease acquisition as proposed in concept, and instruct staff to negotiate on the percentage rentals as discussed, subject to the following conditions: 1. That wholesale receipts shall be for all transactions reported by Central Coast Seafoods, Inc., regardless of whether sales are from lease site or not. 2. That no canning or cannery type operations will be permttteld. 3. That prepared foods will be for take-out only with no :interior seating provided. 4. That reappraisals of the property will take place every five years. The motion was seconded by Councilwoman Ward and passed by the following roll call vote: AYES: Ward, Lemons, Deutsch, Mayor Dorn NOES: None ABSTAIN: Anderson A-2 CONSIDERATION OF A FRANCHISE AGREEMENT WITH SONIC CABLE TV COMPANY Mr. Baxter stated that this matter was a noticed Public Hearing, continued from the meeting of October 26, 1981, regarding the proposed agreement and ordinance which would establish a franchise agreement between the City and Sonic Cable TV Company. Mr. Baxter also stated that this matter had been discussed at a workshop and was being brought back to Council for additional discussion and possible changes. Four areas of concern were felt to be: 1) the duration of the contract; 2) the Consumer Price Index formula; 3) the quality of the reception; and 4) Stations KTVU and KQED (currently being replaced). Mr. Baxter stated that it would be appropriate for Council to receive public input regarding the proposed agreement. Mayor Dorn opened the Public Hearing for comment. 0 MORRO BAY CITY COUNCIL Regular Meeting - November 9, 1981 Recreation Hall 7:30 P.M. Page Four Howard Gaines spoke in opposition to the franchise agreement, stating economic and legal reasons for his opposition. Mr. LeSage spoke to Mr. Gaines' contention that Sonic Cable TV was in violation of Government Code Section 53066.1, by providing only 12 channels instead of 20. Mr. LeSage read the section of the Government Code which requires a community of 20,000 or less, with less than 3500 subscribers, to provide 12 to 20 channels, and stated that Sonic was in compliance under this section of the Government Code. Mr. Wayne Bickford, and Mr. Harry Marx were both concerned about the two stations (KTVU and KQED) no longer being carried by Sonic Cable TV. Mr. Carl Ansbury spoke in opposition to the proposed contract and the 15 year time extension. MOTION: Councilwoman Ward moved that the Public Hearing be closed. The motion was seconded by Councilwoman Deutsch and carried unanimously. (5-0) Councilwoman Deutsch stated that she felt the length of the proposed contract with Sonic Cable TV should be 10 years. Bill Hargan, representing Sonic Cable TV, commented on the two stations that had been dropped. He explained that this was due to the microwave company that supplies the signal no longer providing satisfactory transmission. Mr. Hargan explained that in order to upgrade the service all-around, these stations were being replaced with stations which would carry similar programs. Mr. Steve Burrell, Director of Community Affairs for Sonic Cable TV, explained their Public Access Channel (cable channel.6) and their agreement with Cussta:Jr. College to provide recording facilities to public or private groups or individuals wishing to use the Public Access Channel. Mr. LeSage stated the_City's agreement with Sonic is "non-exclusive" and would not prevent other companies from providing services in the future. There was a brief discussion on proposed rate changes. MOTION: Mayor Dorn moved to approve the amended proposed franchise agreement and instruct staff to bring the final agreement back for approval. The amendments were: Length of franchise will be 10 years. 2. New ordinance should recind Morro Bay Ordinance 128 entirely. 3. Number 2e in the agreement should be revised to clarify what is defined as "excess". MORRO BAY CITY COUNCIL Regular Meeting - November 9, 1981 Recreation Hall - 7:30 P.M. Page Five 4.. Gross annual receipts replaces all references to categories of income. 5. Provisions for sale or transfer of the company should be clarified. 6. There shall be a 40% cap on increases in subscriber rates for any five year period. The motion was seconded by Councilwoman Deutsch and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None There was additional discussion regarding rate changes. MOTION: Mayor Dorn moved that the City Council approve.the proposed rate , changes as outlined in Exhibit,"A" including waiver of the Franchise:: Fee in any fiscal year at the City's option, and those funds rebated to the subscriber by the company. The motion was seconded by Councilman Lemons, and carried by the following roll call vote: AYES: Anderson, Lemons, Deutsch, Mayor Dorn NOES: None ABSTAIN: Ward A-3 REQUEST OF MORRO BAY GARBAGE FOR RATE ADJUSTMENT AND 10-YEAR EXTENSION OF CONTRACT. Mr. Baxter announced that this matter was a noticed Public Hearing to consider rate adjustment as requested by Council on October 26, 1981, and also to consider a 10-year extension of their contract. Mr. Baxter stated that it would be appropriate to receive public input at this time. Mayor Dorn opened the Public Hearing for comments Grace Melton stated that she had been very satisfied with the service from Morro Bay Garbage, and looked forward to continued good service. She was extremely concerned about a bombing incident that had just occured at Morro Bay Garbage and reproached those individuals involved. Howard Gaines spoke in opposition to the garbage service franchise extension. Harold Biaginni supported the garbage service and was in favor of the 10-year contract extension. Harry Marx stated his opposition to the 10-year extension and supported a public bid at the expiration of the present contract. MORRO BAY CITY COUNCIL • Regular Meeting - November 9, 1981 Recreation Hall - 7:30 P.M. Page Six Pat Wagner, of Morro Bay Garbage Service, explained that the rate adjustment sought would bring them in line with current rates from nearby communities. He stated that Paso Robles, the only other garbage service serving a community of approximately the size of Morro Bay is currently charging a higher rate than is proposed. Mr. Wagner also stated that the rate for 1 can service will go down if this rate adjustment is approved. MOTION: Councilman Anderson moved that the Public Hearing be closed. The. motion was seconded by Councilman Lemons and carried unanimously. (5-0) Councilwoman Ward inquired about public bids for this contract. Mr. LeSage stated that there is no legal requirement for public bids. Councilman Lemons stated that he supported the idea of public bids. Mr. Baxter announced that in working with Morro Bay Garbage, a January 1, 1982, start date was probably the earliest possible date to implement manditory garbage with any rate changes. There was discussion regarding the additional service and what extra equipment would be required. Mr. Wagner stated that he expects to add approximately 1,000 customers and would need to purchase an additional vehicle, which is why he is requesting a 10-year extension to allow time to finance equipment. There was additional brief discussion regarding rates. MOTION: Mayor Dorn moved that the City Council approve the proposed rate adjustment as enumerated ($3.60 mandatory rate), that the 10-year extension of contract with Morro Bay Garbage Service be approved, and provisions be made to rebate franchise revenues to subscribers if the City so chores. The motion was seconded by Councilwoman Deutsch, and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Mayor Dorn NOES: Lemons A-4 CONSIDERATION FOR AMENDMENT - MUNICIPAL CODE, CHAPTER 14.72, FLOOD DAMAGE PREVENTION Mr. Baxter stated that this was a noticed Public Hearing to adopt the amended Municipal Code Ordinance as submitted. (First Reading). Mr. Baxter stated that it would be appropriate to.receive public input at this time. Mayor Dorn opened the Public Hearing for comment. There was no public comment. MORRO BAY CITY COUNCIL Regular Meeting - November 9, 1981 Recreation Hall - 7:30 P.M. Page Seven MOTION: Councilman Lemons moved to close the Public Hearing. -The motion was seconded by Councilwoman Deutsch and carried unanimously. (5-0) MOTION: Mayor Dorn moved that the City Council read by title and number only, the Ordinance amending Ordinance 172 and Chapter 14.72 of the Morro Bay Municipal Code. The motion was seconded by Councilwoman Deutsch. The motion was carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None Mr. Baxter read the title and number of the proposed Ordinance. MOTION: Councilwoman Deutsch moved that the Ordinance be adopted. The motion was seconded by Councilman Lemons and carried by the following roll call - vote: " AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None B. UNFINISHED BUSINESS B-1 AN ORDINANCE ADDING SECTION 2.09 TO THE MORRO BAY MUNICIPAL CODE WHICH WOULD ALLOW FOR THE CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTIONS (APRIL) WITH THE STATEWIDE DIRECT PRIMARY ELECTION (JUNE). (SECOND READING) MOTION: Councilwoman Deutsch moved that the Council read this Ordinance by title only. The motion was seconded by Councilman Anderson and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None Mr. Baxter read: "An Ordinance adding Section 2.09 to the Morro Bay Municipal Code". MOTION: Councilwoman Ward moved that the City Council adopt this Ordinance (Second Reading). The motion was seconded by Mayor Dorn and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None C. NEW BUSINESS C-1 METHOD OF APPLICATION OF PARTIAL UTILITY BILL PAYMENTS Mr. Baxter stated that this matter is being brought to Council to set a priority for payment of City services, in the case of under -payment, non-payment or a dispute over payment. r] MORRO BAY CITY COUNCIL Regular Meeting - November 9, 1981 Recreation Hall - 7:30 P.M. Page Eight Mr. Sibbach, Finance Director, explained the process for collecting monies, and his recommendation for priorities: 1) garbage service, 2) sewer service, 3) penalties, and 4) water service. Howard Gaines asked if the City would then have to absorb bad debts and non-payment for water service. Mr. Baxter explained that with water service as a 4th priority, under -payment or non-payment could result in a water shut off, and this would aid as an enforcement tool. MOTION: Councilwoman Ward moved that the City Council approve the Finance Director's priorities as stated: 1) garbage service, 2) sewer service, 3) penalties, and 4) water service. The motion was seconded by Councilman Anderson and carried by the following.roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None C-2 APPOINTMENT BY COUNCIL TO FILL VACANCY ON PARK & RECREATION COMMISSION Mr. Baxter explained that with the resignation of John Melvin,;,a vacancy would exist on the Commission until June 30, 1982. Two applications have been received. MOTION: Councilman Anderson moved to appoint Joan I. Silva as the Parks and Recreation Commission member. The motion was seconded by Councilwoman. Ward and carried by the following roll call vote: AYES: Ward, Anderson,. Lemons, Deutsch, Mayor Dorn NOES: None C-3 CONFIRMATION OF PLANNING COMMISSION INTERPRETATION OF ZONING ORDINANCE SECTIONS 17.32.040 and 17.32.050 RELATIVE TO GUEST HOUSES. Mr. Baxter stated that this matter was being brought up at the request of the Planning Commission, to interpret the applicability of guest houses in R-2 and R-3 zones. There was a discussion regarding R-2 and R-3 zones. Mr. Crump, Community Development Director, stated that this action was simply to confirm a.Planning Commission interpretation of an existing ordinance. Councilman Anderson questioned whether this restriction would apply to workshops, garages, or other similar types of uses. Mr. Crump said it would not. MOTION: Councilwoman Deutsch moved that the Council not support the Planning Commission interpretation of the Zoning Ordinance Section 17.32.040 and 17.32.050, and that the aforementioned sections remain the same. MORRO BAY CITY Regular Meeting Recreation Hall Page Nine COUNCIL - November 9, 1981 - 7:30 P.M. The motion was seconded by Mayor Dorn following roll call vote: The motion failed by the AYES: Deutsch, Mayor Dorn NOES: Ward, Anderson, Lemons There was additional discussion regarding what would constitute a "guest house" and how this interpretation would be enforced. MOTION: Councilman Lemons moved that the City Council approve the Planning Commissions interpretation of Section 17.32.040 and 17.32.050. The motion was seconded by Councilwoman Ward and was carried by the following roll call vote: AYES: Ward, Anderson, Lemons NOES: Deutsch, Mayor Dorn D. CONSENT CALENDAR D-1 VACANCIES ON REFUSE COLLECTION FRANCHISE BOARD Mr. Baxter stated this was an informational item only to bring to the Councils attention vacancies on the Refuse Collection Board. All applications will be brought to the Council meeting of November 23, 1981. D-2 APPROVAL OF OCTOBER EXPENDITURE REPORT FOR CHAMBER OF COMMERCE Mr. Baxter stated that the Chamber of Commerce has submitted an Expenditure Report for October. Staff recommends that Council approve the amount of $944.01 to the Chamber of Commerce for October, 1981. D-3 BID FOR 1/2.TON PICK-UP AND TOOL BOX BODY (PARK MAINTAINANCE) (BID NO. PS-81-310) Staff recommends approval of low bid as submitted by Rancho Grande Motors in the amount of $8236.45. D-4 FINANCIAL REPORTS FOR YEAR ENDING JUNE 30, 1981, AND FIRST QUARTER REPORT FOR SEPTEMBER 30, 1981 Mr. Baxter stated the Finance Director has prepared an un-audited report which reflects the expenditures the City made and revenues received for Fiscal Year 1980-81 and for the firstquarter of Fiscal Year 1981-82. This is an informational item only. D-5 REAPPROPRIATION OF PRIOR YEAR ENCUMBRANCES. Mr. Baxter stated that the Finance Director is requesting that Council authorize encumbrances be discontinued and instead be listed as expenditures for the following 6 0 MORRO BAY CITY COUNCIL Regular Meeting - November 9, 1981 Recreation Hall - 7:30 P.M. Page Ten year. Staff recommends that Council adopt the Resolution Re -Appropriating Encumbrances and Cancelling the Related Reserve for Encumbrances for June 30, 1981. D-6 COUNCIL AUTHORIZATION FOR FUND TRANSFER AND PERMISSION TO ENGAGE CONTRACT FOR CONTINUED LCP - LAND USE PLAN WORK Mr. Baxter stated that the Planning Department does not have the funds for the additional revision of the LCP and is requesting transfer of $1,600.00 from the General Fund Contingencies to hire additional staff so these revisions can be accomplished. Staff recommends that the Council authorize transfer of $1,600.00 from General Fund Contingencies and that these funds be assigned to Account 01-4110-310 for purposes of LCP - Land Use work. D-7 PROCLAMATION TO PROCLAIM NOVEMBER 21, 1981, AS MORRO BAY - ST. JUDE'S CHILDREN'S RESEARCH HOSPITAL DAY Staff recommends Council authorize the Mayor to proclaim November 21, 1981, as Morro Bay St. Jude's Research Hospital Day. D-8 RE-CLASSIFICATION OF ACCOUNTANT TECHNICAL TO ACCOUNTANT Staff recommends that Council authorize the position classification of Accountant for the City of Morro Bay and that the salary range of $1426 - 1775 be set for such position, and staff be authorized to recruit and fill this newly created position. D-9 PROCLAMATION TO EMPHASIZE NATIONAL FAMILY WEEK Staff recommends that Council authorize the Mayor to proclaim National Family Week as November 22 through November 28, 1981. D-10 APPROVAL OF COUNCIL MINUTES OF REGULAR MEETING OF OCTOBER 26, 1981. Staff recommends that Council approve the minutes of the regular meeting of October 28, 1981, as submitted. MOTION: Mayor Dorn moved that the Consent Calendar be approved as submitted. The motion was seconded by Councilman Anderson and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None E. INDIVIDUAL DETERMINATION AND/OR ACTION 6 MORRO BAY CITY COUNCIL Regular Meeting,- November 9,.1981 Recreation Hall - 7:30 P.M. Page Eleven E-2 CITY ATTORNEY Mr. LeSage announced that a payment had been made to the Chamber of Commerce on the Consent Calendar. E-3 CITY ADMINISTRATOR Mr. Baxter announced plans to attend the November 19th meeting of the Coastal Commission in Huntington Beach. MOTION: Councilman Lemons mo �d� ���Couy.ncil authorize the Mayor and City Clerk to sign the TiaeTA Aa`r'`C��`�'Mdtion was seconded by Councilwoman Ward and carried unanimously. (5-0) At Councilman Anderson's request, Mr. Bressan gave a recap of activity at Hittle's Landing. Mr Bressan indicated Hittle was not complying with conditions and staff was now preparing to cite them. At Councilwoman Ward's request, Mr. Bressan explained that the water for the Seguora- Bayview Condominiums was obtained via pipeline and had been issued prior to the moratorium. Council recessed to a closed session at 11:58 p.m. Council reconvened at 12:03 a.m. MOTION: Councilwoman Ward moved that the City protest the application of John Maino to construct a dam and'divert water on the San Bernardo Creek. The motion was seconded by Councilman Anderson and carried unanimously. MOTION: Councilwoman Ward moved that the meeting be adjourned. The motion was seconded by Councilwoman Deutsch, and carried. The meeting was adjourned at 12:05 a.m. RESPECTFULLY SUBMITTED, Peggy 8uehanan Deputy City Clerk MORRO BAY CITY COUNCIL WORKSHOP SPECIAL MEETING - SONIC CABLE TV COMPANY FRANCHISE NOVEMBER 2, 1981 CITY HALL, 5:00 P.M. The meeting was called to order at 5:05 P.M. by Mayor ProTem John Lemons. ROLL CALL: PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman John Lemons, Mayor Pro Tempore Herminia Ward, Councilwoman ABSENT: Warren M. Dorn, Mayor STAFF: Paul Baxter, City Administrator Michael LeSage, City Attorney WORKSHOP Mayor Pro Tem Lemons asked that the City Administrator provide Council with a summary before beginning their discussions. Mr. Baxter indicated that this meeting is an Adjourned Council Meeting from October 26, 1981 so that Council could discuss the proposed Franchise Agreement as submitted by staff and Sonic Cable TV Company. Mr. Baxter indicated that the primary concerns that should be discussed were: 1. The duration of the contract, as it period. 2. Consideration of the Consumer Price the company to raise their rates by increase. 3. Quality of reception and complaints garding reception. is proposed for a 15-year Index formula that allows 75% of the annual CPI from local citizens re= 4. The number and type of channels that would be broadcasted by the cable company. At this time the City Attorney then discussed legal ramifications about the proposed agreement and responded to Council regarding certain areas of First Amendment conflicts with requiring the cable company to broadcast certain channels. Council then held a general discussion regarding each of the matters and received information from two members of the audience. Lilia Keiser questioned whether or not the company was adhering to earlier agreements with the City since they had changed channels recently and had not requested City approval. Mr. LeSage responded that although Ordinance 128 currently in effect, requires the company to broadcast KTVU and KQED, on the other hand if there is concern regarding quality of signal in the City that the practical matter would be to allow the company to broadcast from a reliable source. Inforceability of these matters would be more of a policy question than should be resolved by Council. Mr. Howard Gaines spoke to the question as to whether or not the City should enforce a more strict regulation of the company's activities in the City limits. Also, he felt that more severe reporting requirements should be required, and that the City should consider taking over operation of the system as an alternative to the proposal before them. Staff responded to Mr. Gaines that there were evaluations made of his concerns and the basic staff position was reflected in the attached document. Representatives of Sonic Cable TV Company, Steve Burrell and Bill Hagman spoke to Council regarding the company's recent improvements in trying to provide a stronger signal, Morro Bay City Council Workshop November 2, 1981 Page 2 as well as their commitment to spend up to $85,000 in improvements to improve the receipt of signals by the local homeowners. At this time Council indicated that they would make no changes in the attached document until at such time as a public hearing would be held at the regular meeting of November 9th, so that the public could be referencing the same document as was being referenced by Council.' MOTION: It was moved by Councilman Anderson that the meeting be adjourned. This was seconded by Councilwoman Ward, and carried unanimously with Mayor Dorn absent. The meeting was adjourned at 6:30 P.M. Respectfully submitted, PAUL BAXTER, City Clerk PB/moc q • MORRO BAY CITY COUNCIL Regular Meeting - October. 26, 1981 Recreation Hall - 7:30 P.M. The meeting was called to order by Mayor !1arren h. Dorn at 7:30 P.M. The Pledge of Allegiance was led by Horace Strong and the invocation was given by Reverend Del Blanks, Pastor of Christian Life Center. ROLL CALL PRESENT: Rodger Anderson Dorotha Deutsch John Lemons Herminia !•!ard !Marren M. Dorn STAFF: Paul Baxter Michael LeSage John Bressan Murrel Crumo Gary Napper Al Olson Mary Sanders Gere Sibbach Bernie Zerr Nellie Cecil Councilman Councilwoman Councilman Councilwoman Mayor City Administrator City Attorney Director of Public Services Community Development Director Administrative Assistant Police Chief Recreation Director Finance Director Fire Chief Community Development Secretary Councilman Lemons introduced the newly elected President of the Senior Citizens Organization, Mrs. Margurite Lieberman. D-1 PROCLAMATION OF OCTOBER 23 NOVEMBER 23, 1981 'AS VETERANS RECOGNITION MONTH Mr. Baxter requested this item on the agenda be heard first, and introduced Veterans Bob Siegler, Neil Kline, Horace Strong, and Ed Reeves, reoresenting the various Veterans Organizations, and read a Proclamation by the Mayor of i!orro Bay proclaiming October 23 through November 23 as VETERANS RECOGNITION MONTH, with special emphasis on Vietnam Veterans. MOTION: Councilman Lemons moved the City Council accept the Proclamation as presented. The motion was seconded by Councilman Anderson and unanimously carried. (5-0) Mr. Baxter presented a Resolution plaque to Angela Grenz commending her for her outstanding services to the City during her employment. A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 REQUEST OF'MIC PROVE ACQUISITION OF L P, 90111 Mr. Baxter stated this item has been continued to the regular meeting of the City Council on November 9, 1981, at the request of the applicant. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 26, 1981 PAGE TWO A-2 CONSIDERATION OF REVOCATION FOR A HOME OCCUPATION PERMIT GRANTED TO TERRY LILLEY AT 790 LUISITA STREET. Mr. Baxter stated this matter was continued from the last City Council meeting of October 12, 1981 so that a Public Hearing could be scheduled for this date. Mr. Baxter stated it would be appropriate for Council to request testimony for and against the present Use Permit, and at that time, allow for the permittee to rebutt or respond to any complaints that have been received. Council should then close the Public Hearing portion and discuss the information and any additional items they may have with the City Attorney so that he may properly advise Council of the course that could be taken. Mayor Dorn opened the hearing to the public. Terry Lilley explained the history of his hobby of raising snakes and selling them via shipment through the mail. He complained that he felt he was being personnally persecuted by the Council because of his desire to raise and breed snakes. He spoke of letters he had written to his Congressman and answers received. Paula Dalik spoke as a parent and was in favor of allowing this service to continue in Morro Bay. Bob Lilley, a brother of Terry Lilley, stated he was in favor of the home use permit. Neil Kline stated Mr. Lilley should be encouraged to continue his work. Vince Mackle, a neighbor of Terry Lilley, stated he was in favor of the home occupation and it did not bother him to have this activity within the neighbor- hood. Mayor Dorn noted this was the first time this hearing had come before this Council. He was informed by Keith Gurnee, the previous Planning Director, that a Home Occupation had been granted to Mr. Lilley for the breeding and selling of snakes in a residential area, but that it was a temporary thing and would be gone within a few months and moved to a Commercial Zone. Mayor Dorn stated he had received complaints from neighbors about the continued use of this home occupation. Mayor Dorn explained this matter was before the City Council to determine if the continuance of the use would be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such use; or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City. He assured fir. Lilley this was not a personal matter.. Stan Rachubka stated he had presented the Council with a petition of thirty- five names of people living in the neighborhood who were against a commercial business in a residential area and who wanted the zoning laws upheld. He stated he personally had obtained the signatures starting in September of this year. He noted the neighbor who bought Mr. l(illiams' home had also signed it. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 26, 1981 PAGE THREE Maud Hawkins stated she was living in Mr. Williams home, taking care of him as he was ninety-four years of age,,at the time he,placed his home,up for sale. She stated that she was deathly afraid of snakes and that Mr. Williams sold his home because of this. Ms. Hawkins stated Mr. Williams blamed the Planning Commission and former Council for going against the people's will and allowing a commercial business in a residential zone. A lengthy discussion followed. MOTION: Councilman Lemons moved the Public.Hearing be closed. The motion was seconded by Councilwoman Ward and unanimously carried. (5-0) RECESS: 8:55 P.M. RECONVENED: 9:07 P.M . Councilwoman Deutsch stated she felt a time limit of between.three to six months should be placed on the temporary permit that was granted to Mr. Lilley so that he would have an opportunity to find a location in a commercial zone where he could display his snakes and have foot traffic. Councilwoman Ward stated she felt Mr. Lilley had behaved in a very unfavorable manner this evening with his accusations and if she were to vote on Mr. Lilley's actions, she would deny it. MOTION: Councilwoman Deutsch moved a sunset clause of a maximum of six months be placed on the Use Permit, the reason being that it does endanger and jeopardize the health, safety and welfare of the neighborhood because of the testimony heard here this evening. The motion was seconded by Councilwoman Ward. A discussion followed with regard to findings for -the revocation of the Use Permit. Mayor Dorn questioned the Police Chief of his understanding as to the charges that have been placed against fir. Lilley. Chief Olson stated as of this morning,, the information he received was that Mr. Lilley had pled guilty to three charges and he would be ,sentenced in the Los Angeles area in the near future. Mr. Lilley stated he had pled guilty to three counts of one charge of Postal Violation but that he did have the right to plead his case before the judge. Chief.Olson stated the State charges after the Federal chare_es have jeopardy. is still investigating and will file their been completed so as not to create double Mayor Dorn called for a roll call vote. The motion was carried by the following roll call vote: AYES: Ward, Lemons, Deutsch,.and Mayor Dorn. NOES: Anderson 0 r MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 26, 1981 PAGE FOUR Mayor Dorn mentioned that the possible of the Federal laws under the Use Permit at this Chief, if the Federal laws are withdrawn, there be brought to bear. findings might be the violations time, and according to the Police may then be State laws that would MOTION: Councilman Lemons moved the findings for the revocation of the Use Permit was due to the testimony of Maud Hawkins stating she and the`ow.ner of the property next door sold their home because they were afraid of snakes; Stan Rachubka's testimony and submission of a petition from neighbors stating they were uncomfortable with the knowledge there were snakes in the neighborhood and had an adverse effect on them; although the snakes were there long before anyone found.out about them, the fact that they have found out constitutes a detrimental effect on the welfare of the neighborhood. The motion was seconded by Councilwoman Deutsch and carried by the following roll call vote: AYES: Ward, Lemons, Deutsch, Anderson and Mayor Dorn. NOES: None. A-3 CONSIDERATION OF'A'FRANCHISE AGREE14ENT VITH SONIC CABLE TV COMPANY. Mr. Baxter explained this matter is a noticed Public Hearing regarding the proposed agreement and ordinance which would establish a franchise agreement between the City and Sonic Cable TV Company. Mr. Baxter noted at the request of several Council members, he would request that this matter be continued to a special Council meeting at which time the document and additional points could be discussed and allow for Council to have more time to review the Agreement and information that has been recently received from the League of California Cities. The Council agreed to set the date of the study session for Monday, November 2nd, 1981, at 5:00.P.M. at the City Hall. A-4 AN'ORDINANCE ADDING SECTION 2.09 TO'THE MORPO BAY MUNICIPAL CODE WHICH "FIOULD'ALLO!d.FOR.THE'CONSOLIDATION'OF THE GENERAL MUNICIPAL ELECTIONS APRIL 4lITH THE STATEWIDE DIRECT PRIMARY ELECTION JUNE . 14r. Baxter stated this was a noticed Public Hearing regarding the intent of the Council to adopt an Ordinance to consolidate the City elections with the State primary elections pursuant to State authorization in SB-230. Mr. Baxter recommended that after the close of the Public Hearing, Council read, by title and number only, this Ordinance, and subsequent to that, adopt it as its first reading. Mayor Dorn opened the hearing to the public. Howard Gaines spoke in favor of adopting this Ordinance for both the April and June elections. `J MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 26, 1981 PAGE FIVE MOTION: Councilwoman Deutsch moved the Public Hearing be closed. The motion.was seconded by Mayor Dorn and unanimously carried. MOTION: Councilwoman Deutsch moved the Council read this Ordinance by number and title only.. The motion was seconded by Mayor Dorn and carried by the following roll call vote: AYES: Deutsch, Lemons, Anderson, Ward and Mayor Dorn. NOES: None. Mr. Baxter read: "An Ordinance adding Section 2.09 to the Morro Bay Municipal Code". MOTION: Councilwoman Deutsch moved this Ordinance be adopted and this be considered a first reading. The motion was seconded by Mayor Dorn and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch and Mayor Dorn. NOES: None. B. UNFINISHED BUSINESS B-1 DESIGNATION OF A PORTION OF LAURAL STREET, SOUTH OF CUESTA STREET; AS A NO PARKING AREA Mr. Baxter stated this matter was continued from the meeting of October 12, 1981, so that notification could be made with the property owners who would be impacted by such a designation. Mr. Baxter stated notification has been sent out. The Director of Public Services has submitted this request after review of a traffic hazard on a portion of Laurel Street revealed that vehicles parking on the shoulder of Laurel, impacted site distance in the area, Mr. Baxter noted. He stated the Public Services Director is requested that "No Parking" signs be placed on this segment of the road to reduce the hazard. Staff recommends that Council adopt a Resolution which would restrict the Parking of vehicles on the east side of Laurel Street from the intersection of Cuesta to a point 125 feet south of the intersection of Cuesta. And further, that Council rescind by Resolution, the parking restriction for the west side of Laurel, between Cuesta and Koa. Mayor Dorn invited comments from the audience. There were no comments. MOTION: Councilwoman Deutsch moved the Council adopt the Resolution to have the "No Parking" area on the east side of Laurel Street from the intersection of Cuesta to a point 125 feet south of the intersection of Cuesta. The motion was seconded by Mayor Dorn and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch and Mayor Dorn. NOES: None. u MINUTES - MORRO Regular Meeting PAGE SIX BAY CITY COUNCIL - October 26, 1981 NEW BUSINESS C-1 EMBARCADERO.LEASE SITE STATUS REPORT'FROM CITY'S PROPERTY MAN Mr. Baxter explained the City's Property Management Consultant Jack Wallace would make a presentation regarding the work accomplished to date for the Embarcadero lease sites. Mr. Wallace stated his report was more of an agenda as to what is being done on the Embarcadero. He stated new procedures are being developed for lease changes or new leases. Sales/Gross Receipts will be reported quarterly by lease -holders and reconciled annually for percentage rent payments. The County Assessor commenced on October 19th with current market value appraisal and revenue audits of all properties. Assignment of the lease of King City Transit Mix, Inc., recommended for approval subject to (a) site use, (b) assumption agreement, (c) fin ancial statements, (d) disclosures of principals, (e) asphalt lawsuit indemnification ($42,000), (f) rental adjustments ($2,834). Pacific Shellfish Company requested addition to lease use for retail selling. Virg's Fishing Inc. lease interpretation for sale of certain prepared food items. James Maul requested lease change to "other office uses". Negotiate City lease for expansion of Whale's Tail. Assignment of Machine Shoo lease, terminating April 9, 1983, and request for a new City lease by Michael DeGarimore. Negotiate for changes to Golden Tee lease pending contact with Mr. Sanders. Confirmed Finicky Fish rents paid in compliance with lease during past 42 years. Awaiting Mr. Grimes' recovery from illness for meeting and completion of review of Fish Shanty lease and lawsuit. Review unpaid rents for mariculture operation by J. R. Johnson in cooperation with State Fish and Game Department. Preparation of Resolutions for Council considerations (a) lease term (b) site use plan (c) rent basis raised to 10% FMV, (d) Schedule A changes and clarifications (e) application procedures (f) Revenue Audit enforcements for gross receipts reporting. Started review of insurance coverage. This concluded Mr. Wallace's presentation. Howard Gaines questioned the Council as to the reason this Consultant was hired. Council indicated that California West was retained to straighten out the confusion that currently existed with the leases. Councilwoman Deutsch asked Mr. Wallace to review the lease agreements as they relate to bankruptcy. C-2 AT DUNES STREET PARK Mr. Baxter stated he had contacted Mr. Zatko regarding the collection box that had been placed without Council permission at the Dunes Street Park. Mr. Zatko indicated that he was unaware that he would need permission since the project had been a joint City/Chamber of Commerce, and volunteer effort earlier. Mr. Baxter explained that he felt the joint project was for construction of the memorial and that no reference had been made to the approval of a collection box. Mr. Zatko MINUTES - MORRO BAY CITY COUNCIL , Regular Meeting - October 26, 1981 PAGE SEVEN indicated that When notified of this he ;removed the box and subsequently requested Council to allow permission to place the -box until such time as'sufficient monies have been collected to complete the engraving of names on the Memorial itself. Mr. Zatko stated he was a commercial fisherman and had donated the anchor to the fishermen who had been lost at sea. He stated the total project cost about $4,500. They have collected about $3,800. to date and need about $1,200. to $1,500. to place the names on the plate at the base of the Memorial. Mr. Zatko stated he had made a small collection box and placed it at the foot of the Memorial. He stated there was a committee formed with .the Chamber of Commerce which was now disolved. The bank account which is in the Fidelity Savings is still active under the name of "Anchorage Committee". A discussion followed. MOTION: Mayor Dorn moved this matter be handled by staff and that they issue Mr. Zatko a permit and assist him with his collections. The motion was seconded by Councilwoman Deutsch and unanimously carried. (5-0) C-3 REQUEST BY'MORRO BAY HIGH SCHOOL FOR RECONSIDERATION OF FE Mr. Baxter indicated a letter had been received from Mr. David "•lartin, Principal of the Morro Bay Hich School requesting that Council reconsider the fees established for various City services; specifically, the hourly rate for Police Officers. Mr. Baxter stated at his request, the Finance Director prepared for Council's review the formula by which the hourly rate was computed. Mr. Baxter noted if the Council desires to charge the District.less, they would be setting a precedent for all other groups who have similar requests that the City charge at below actual cost rates. Mr. Baxter stated all public agencies, at this time, are charging actual cost rates for users of their facilities, as a means of recovering true costs. Gere Sibbach, Finance Director, explained how his department had arrived at the hourly billing rate of $24.09 for Police Officers. Mr. Sibbach stated the rate does not include overtime premium (time and one -quarter), higher base salary for Detectives or Sergeants working on patrol, educational incentive (3% or 6% of base), direct costs of equipment (gasoline used, etc.), or supervision time for Watch Commanders. Mr. Sibbach explained the rate does include allocated central service costs of City administration, personnel department, finance and payroll, departmental indirect costs of building and equipment maintenance and depreciation, supervision time of Police Chief, secretarial support, liability and other insurance, and dispatcher's time. Upon questioning, Chief Olson stated the Officers are off -duty and are working on their own time. On -duty officers are on call should an occasion occur for their assistance but they do not stay at the games or dances. Mary Sanders stated if the City uses any of the school facilities, the City must pay for the costs of the building, janitorial services, electricity, etc. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 26, 1981 PAGE EIGHT A discussion followed. MOTION: Councilman Anderson moved the fee charged for Police Officers at special events be the going rate of $24.09 as determined by the Finance Department to be applicable when extra help from the Police force is needed. The motion was seconded by Mayor Dorn and unanimously carried. (5-0) C-4 CITY OF HAWTHORNE'S RESOLUTION 5130 TO THE HA14THORNE CITY COUNCI Mr. Baxter stated a letter and Resolution from the City of Hawthorne and Mr. Jesse Unruh, Treasurer, State of California, was received in which the City and Mr. Unruh requested that all public agencies protest the early release date of Sirhan Sirhan. Mr. Baxter noted they were requesting the City support their Protest of the earlyrelease date. There was no action taken by Council on this matter. C-5 CONFIRIIATION OF PLANNING COMMISSION INTERPRETATION OF ZONING ORDINANCE Mr. Baxter noted this item will be presented to Council at the next meeting of November 9, 1981. CONSENT CALENDAR D-1 PROCLAMATION'OF OCTOBER"23-NOVEMBER 23, 1981 AS VETERANS RECOGNITION F10NTH. This proclamation was previously acted on at the beginning of the meeting. D-2 AUTHORIZATION OF A GRANT ANTICIPATION NOTE FOR CONSTRUCTION OF WASTE WATER TREATMENT PLANT OUTFALL. Mr. Baxter explained a Resolution had been prepared by the Finance Director which. would authorize Staff to secure a loan with Security Pacific National Bank for $1,663,500.00 for purposes.of improving our waste water treatment plant,outfall. The loan is in the form of grant anticipation notes for the six-month construction period. Mr. Baxter stated such an arranoement is beneficial for the City in that City funds need not be used immediately for the construction project and can be paid back over the six month period of time rather than at such time as the contract is let. Staff recommends that Council adopt the attached Resolution which would authorize the issuance of grant anticipation notes for the waste water treatment plant outfall construction. D-3 RESOLUTION COMMENDING ELEANORE GOEDECK ON HER RETIREMENT FROM CITY SERVICE. Mr. Baxter stated a Resolution was prepared by Staff which would commemorate MINUTES - MORRO BAY CITY COUNCIL Regular Meeting -,:October 26, 1981 PAGE NINE Eleanore Goedeck's work and contribution to ,the City of Morro Bay. Mr. Baxter noted Eleanore will be retiring November 15th. Staff recommends adoption of this Resolution. D-4 ACCEPTANCE OF CETA AUDIT REPORT Mr. Baxter explained the City of Morro Bay was recently audited by the County Department of Employment and Training to examine the City's participation and validated expenditures under the CETA Program. Mr. Baxter stated the audit revealed that the City was in compliance with the CETA's rules and regulations and indicated no irregularities in expenditure of these Federal funds for the period of January 1, 1975 to March 31, 1979. Staff recommends that Council accept the Audit Report as submitted. Mr. Baxter stated currently the City of Morro Bay purchases goods and services through City Staff and also has a contract with the State of California to employ their cooperative purchasing when it is beneficial for the City. Mr. Baxter stated the County of San Luis Obispo has recently centralized their purchasing services and now offers this Central Services to other public agencies within the County. Mr. Baxter stated as a means of availing ourselves to this additional method of purchasing, Council must adopt a Resolution which would authorize the County to be the Purchasing Agent for any and all items that the City would request. Staff recommends that Council adopt a Resolution authorizing purchasing of certain items for the City by the County of San Luis Obispo. D-6 AWARD OF BID"FOR 3/4 TON PICKUP FOR THE FIRE DEPARTMENT. Mr. Baxter stated bids were opened on October 15, 1981, for a 3/4 ton pickup, which had been advertised by the Fire Department. Mr. Baxter explained the low bid was received from Stanley Motors, San Luis Obispo, in the amount of $8,926.54 for a 1982 Dodge, plus a rear bumper at an additional cost of $74.00. Mr. Baxter noted the total amount budgeted for this purchase is $9,000.00 and the total low bid amounts to $9,000.54. Staff recommends that Council adopt a Resolution awarding Bid No. 8-81 for purchase of 3/4 ton pickup to Stanley Motors, San Luis Obispo, in the amount of $9,000.54. D-7 APPROVAL OF COUNCIL MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 28, 1981. Staff recommends approval of the Minutes submitted, subject to any Council amendments. D-8 APPROVAL OF EXPENDITURE REPORT FOR'THE MONTH OF SEPTEMBER, 1981. Mr. Baxter stated the Finance Department has prepared the Expenditure Report for the month of September, 1981, and Staff recommends approval as submitted. 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 26, 1981 PAGE TEN MOTION: Councilman Anderson moved the Consent Calendar be approved as submitted. The motion was seconded by Mayor Dorn and passed by the following roll call vote: AYES: Deutsch, Lemons, Anderson, Ward and Mayor Dorn. NOES: None. E INDIVIDUAL DETERMINATION .AND/OR ACTION E-3 (1) VACANCY ON PARKS AND RECREATION COMMISSION. Mr. Baxter stated the Parks and Recreation Director has sent a memo indicating that a vacancy on the Commission exists due to the resignation og John Melvin. Mr. Baxter noted it is the Council's perogative to fill that vacancy after ten working days have passed from the initial date of posting which was October 23, 1981. Mr. Baxter stated Council will be able to fill this vacancy at their regular meeting of November 9, 1981. E-3 (2) CONTRACT PROVIDING SERVICES OF ANGELA GRENZ. Mr. Baxter stated this item was not applicable at this time as other arrangements were being made. E'-3 (3) UPDATE REPORT REGARDING IMPLEMENTATION OF'MANDATORY GARBAGE PICKUP AND FEES. Mr. Baxter stated after a meeting with the Morro Bay Garbage Company and the Finance Department, preliminary findings indicate that implementation of the mandatory garbage plan cannot take place until at least December 1, 1981. Mr. Baxter explained fee adjustments were being prepared by the Company and Staff would present them to the Council for their consideration at the regular Council meeting of November 9, 1981. E-3 (4) DISCUSSION OF PARTICIPATING IN TWO SEPARATE'LITIGATIONS. Mr. Baxter presented two separate litigations, one was the International Brotherhood of Electrical Workers Union vs. the City of Gridley; the other involves the City of Chula Vista vs. the California Coastal Commission. Mr. LeSaoe explained briefly the two litigations. MOTION: Mayor Dorn moved Council authorize the City Attorney to prepare the necessary paper work to support the City of Gridley in their lawsuit, at no cost to the City of Morro Bay. The motion was seconded by Councilman Anderson and unanimously carried. (5-0) No action was taken by Council on the litigation of the City of Chula Vista vs. the California Coastal Commission. Councilwoman Ward was concerned with the outfall from P. G. & E. smoke stacks and requested a Committee be formed to study this condition. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 26, 1981 PAGE ELEVEN Mr. Baxter stated he had contacted P. G. & E. and was informed that they do have scrubbers for their stacks and they also assured him that Morro Bay's outfall was minimal to other areas. Councilman Lemons admonished Staff to make every effort to implement the mandatory garbage ordinance and to try to obtain a new rate schedule as soon as possible. MOTION: Councilwoman Deutsch moved for the adjournment of this meeting. The motion was seconded by Councilwoman Ward and unanimously carried. (5-0) The meeting was adjourned at 10:55 P.M. By PAUL BAXTER, City Clerk PB/nc CITY OF MORRO BAY REGULAR MEETING - RECREATION HALL, Call to Order Pledge of Allegiance - Horace Strong, representing Invocation - Rev. Del Blanks, Pastor of Christian PUBLIC HEARINGS, REPORTS & APPEARANCES REQUEST OF MICHAEL DeGARIMORE TO APPROVE ACQUISITION OF LEASE SITE 90 & 90W (LESSEE EDDY, SUBLESSEE BARRON) AND FOR A CHANGE OF USE FROM A MACHINE SHOP TO WHOLESALE/ RETAIL FISH SALES AND SEAFOOD PROCESSING. (CONTINUED) CONSIDERATION OF REVOCATION FOR A HOME OCCUPATION PERMIT GRANTED TO TERRY LILLEY AT 790 LUISITA ST. CONSIDERATION OF A FRANCHISE AGREEMENT WITH SONIC CABLE TV COMPANY. AN ORDINANCE ADDING SECTION 2.09 TO THE MORRO BAY MUNICIPAL CODE WHICH WOULD ALLOW FOR THE CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTIONS (APRIL) WITH THE STATE- WIDE DIRECT PRIMARY ELECTION (JUNE). UNFINISHED BUSINESS EMBARCADERO LEASE SITE STATUS REPORT FROM CITY'S PROPERTY MANAGEMENT CONSU JACK WALLACE. REQUEST FROM ANDY ZATKO TO STATION A COLLECTION BOX AT DUNES STREET PARK MEMORIAL). REQUEST BY MORRO BAY HIGH SCHOOL FOR RECONSIDERATION OF FEES CHARGED FOR OFFICERS AT SPECIAL EVENTS. CITY OF HAWTHORNE'S RESOLUTION 5130 TO THE HAWTHORNE CITY COUNCIL, CALLING THE STATE OF CALIFORNIA'S STATE BOARD OF PRISON TERMS TO RESCIND THE EARLY DATE IT ESTABLISHED FOR CONVICTED ASSASSIN SIRHAN SIRHAN. CONFIRMATION OF PLANNING COMMISSION INTERPRETATION OF ZONING ORDINANCE SEC 17.32.040 AND 17.32.050, RELATIVE TO GUEST HOUSES CONSENT CALENDAR routine in nature and are to be acted upon as a unit by the Council and as recommended by the City Administrator unless a Council discussion of a particular item. Notable items on the Consent the following: PROCLAMATION OF OCTOBER 23 - NOVEMBER 23, 1981 AS VETERANS RECOGNITION MONTH. AUTHORIZATION OF A GRANT ANTICIPATION NOTE FOR CONSTRUCTION OF WASTE WATER TREAT- MENT PLANT OUTFALL. RESOLUTION COMMENDING ELEANORE GOEDECK ON HER RETIREMENT FROM CITY SERVICE. ACCEPTANCE OF CETA AUDIT REPORT. RESOLUTION OF THE CITY COUNCIL AUTHORIZING PURCHASES OF CERTAIN ITEMS FOR THE CITY BY THE PURCHASING AGENT OF THE COUNTY OF SAN LUIS OBISPO. AWARD OF BID FOR 3/4 TON PICKUP FOR THE FIRE DEPARTMENT. APPROVAL OF COUNCIL MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 28, 1981. -2- D-8 APPROVAL OF EXPENDITURE REPORT FOR THE MONTH OF SEPTEMBER 1981 E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ATTORNEY E-3 ADMINISTRATOR: 1. VACANCY ON PARKS AND RECREATION COMMISSION 2. CONTRACT PROVIDING -SERVICES OF ANGELA GRENZ 3. UPDATE REPORT REGARDING IMPLEMENTATION OF MANDATORY GARBAGE PICKUP AND FEES. 4. DISCUSSION OF PARTICIPATING IN TWO SEPARATE LITIGATIONS: A. IBEWU VS. CITY OF GRIDLEY B. CITY OF CHULA VISTA VS CALIFORNIA COASTAL COMMISSION PB/moc TENTATIVE AGENDA MORRO BAYCITY COUNCIL MEETING October 26 1981 The Morro Bay City Council will meet Monday, October 26, 1981 at 7:30 PM at the Recreation Hall located at the corner of Shasta and Dunes. The items presented in the advertisement are tentatively scheduled to be considered at that meeting. A completed agenda package will be available for review as of October 23, 1981 PUBLIC HEARINGS, REPORTS & APPEARANCES REQUEST OF MICHAEL DeGARIMORE TO APPROVE ACQUISITION OF LEASE SITE 23 (LESSEE EDDY, SUBLESSEE BARRON) AND FOR A CHANGE OF USE FROM A MACHINE SHOP TO WHOLESALE/RETAIL FISH SALES AND SEAFOOD PROCESSING. (CONTINUED) CONSIDERATION OF REVOCATION FOR A HOME OCCUPATION PERMIT GRANTED TO TERRY LILLEY AT 790 LUISITA ST. CONSIDERATION OF A FRANCHISE AGREEMENT WITH SONIC CABLE TV COMPANY. AN ORDINANCE ADDING SECTION 2.09 TO THE MORRO BAY MUNICIPAL CODE WHICH WOULD ALLOW FOR THE CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTIONS (APRIL) WITH THE STATE- WIDE DIRECT PRIMARY ELECTION ( JUNE). UNFINISHED BUSINESS DESIGNATION OF A PORTION OF LAURAL STREET, AREA. NEW BUSINESS SOUTH OF CUESTA STREET, AS A "NO PARKING" EMBARCADERO LEASE SITE STATUS REPORT FROM CITY'S PROPERTY MANAGEMENT CONSULTANT JACK WALLACE. REQUEST FROM ANDY ZATKO TO STATION A COLLECTION BOX AT DUNES STREET PARK (ANCHOR MEMORIAL). REQUEST BY MORRO BAY HIGH SCHOOL FOR RECONSIDERATION OF FEES CHARGED FOR POLICE OFFICERS AT SPECIAL EVENTS. CITY OF HAWTHORNE'S RESOLUTION 5130 TO THE HAWTHORNE CITY COUNCIL, CALLING.UPON THE STATE OF CALIFORNIA'S STATE BOARD OF PRISON TERMS TO RESCIND THE EARLY RELEASE DATE IT ESTABLISHED FOR CONVICTED ASSASSIN SIRHAN SIRHAN. CONSENT CALENDAR These items are routine in nature and are to be acted upon as a unit by the Council without comments and as recommended by the City Administrator unless a Council member asks for discussion of a particular item. Notable items on the Consent Calendar include the following: PROCLAMATION OF OCTOBER 23 - NOVEMBER 23, 1981 AS VETERAN'S RECOGNITION MONTH. -2- AUTHORIZATION OF A GRANT ANTICIPATION NOTE FOR CONSTRUCTION OF WASTE WATER TREAT- MENT PLANT OUTFALL. RESOLUTION COMMENDING ELEANORE GOEDECK ON HER RETIREMENT FROM CITY SERVICE. ACCEPTANCE OF CETA AUDIT REPORT. RESOLUTION OF THE CITY COUNCIL AUTHORIZING PURCHASES OF CERTAIN ITEMS FOR THE CITY BY THE PURCHASING AGENT OF THE COUNTY OF SAN LUIS OBISPO. AWARD OF BID FOR 3/4 TON PICKUP TRUCK FOR THE FIRE DEPARTMENT. APPROVAL OF COUNCIL MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 28, 1981. APPROVAL OF EXPENDITURE REPORT FOR THE MONTH OF SEPTEMBER 1981. CITY OF MORRO BAY Prepared by City Administrator PUBLISH: October 21, 1981 MORRO BAY CITY COUNCIL Regular Meeting - October 12, 1981. Recreation Hall - 7:30 P.M. The meeting was called to order by Mayor Warren M. Dorn at 7:30 P.M. The Pledge of Allegiance was led by Horace Strong, representing all veterans and the invocation was given by Reverend Don Carey of the Morro Bay Presbyterian Church. ROLL CALL PRESENT: Rodger Anderson Dorotha Deutsch John Lemons Herminia Ward Warren M. Dorn STAFF: Paul Baxter Michael LeSage John Bressan Murrel Crump Gere Sibbach Al Olson Bernie Zerr Lezlie Myers Councilman Councilwoman Councilman Councilwoman Mayor City Administrator City Attorney Director of Public Services Community Development Director Finance Director Police Chief Fire Chief Recreation Department Secretary Resolution 94-81 passed and adopted September 28, 1981 commending Bonita Murray for her work while she was Deputy City Clerk for the City of Morro Bay was presented to her by Mayor Warren Dorn. Mayor Dorn welcomed Allen and Mary Miller as new residents to Morro Bay. a A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 APPEAL OF THE PLANNING COMMISSION DENYING TENTATIVE PARCEL MAP MB VARIANCE, CASE NO. VAR 12-81; JON 13 Mr. Crump, Community Development Director, explained the hearing was continued from the September 28 meeting. To refresh Council's memory the primary planning issue the Commission viewed in connection with the subject case was whether a multi -family area should be divided into parcels which would render multi-family.use impossible, and whether (de facto) substandard "single family" lots should be created in an R-3, multi- family zone. The existing zoning could yield up to six (6) dwelling units on the site in its present undivided state. Cutting the property down to three (3) small lots would complicate, if not preclude altogether, its intended zone use. The appellant had proposed to the Planning Commission an alternative to only separate the corner lot, and this subject was also brought up at the City Council hearing. It was staff's position that 3,868 square foot lots are too small for an R-3 development site. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 12, 1981 PAGE TWO There was some confusion in the appellant's presentation as to whether the street corner portion of the property existed as a legal separate parcel. According to the City Engineer it does not and the present total parcel was assembled from remnants of four lots. Therefore, an actual parcel map division would have to take place to separate the corner portion of the site, not a simple lot line adjustment. Mayor Dorn asked if there were any objections to granting this parcel map and Mr. Crump said no. Mayor Dorn asked if the Council were all in favor of granting this parcel map and related variance. He also asked if there was any public discussion on the matter. Councilman Lemons asked if the Council had the authority to approve a parcel map that creates nonconforming lots. Mr. LeSage stated that if there were grounds for a variance then Council has the authority. To grant a variance the City must find a reason to treat the parcel differently than other lots. Mayor Dorn asked the audience if there was anyone who objected to the variance. No one spoke in opposition to the application. Mr. Jon Halas stated his title company and lawyer both agree his property is one lot on the corner and two on one adjacent. He presented several addresses of lots in Morro Bay with 6-9 feet set- backs between houses. He also had addresses of several under -sized lots in Morro Bay with houses. Mr. Halas' neighbor to the west, Mr. Ruben, has a house and lot smaller than any parcel he is trying to create. Mayor Dorn stated that if no one objects then let Mr. Halas separate the lots. Mr. LeSage stated Council has the authority to impose conditions if a variance is granted such as stipulating that the lots remain as single family residences. MOTION: Mayor Dorn moved the Public Hearing on Case No. Tentative Parcel Map MB 81-128 and Related Variance, Case No. VAR 12-81; Jon Halas, appellant, be closed. The motion was seconded by Councilwoman Deutsch and unanimously carried. MOTION: Mayor Dorn moved that Parcel Map MB 81-128 and Related Variance 12-81 be granted the appellant. The motion was seconded by Councilwoman Deutsch. A roll call vote was taken with Councilmen Anderson and Lemons voting no. The motion was carried with the following conditions: The parcels must remain as single family residences. The Council also adopts findings that the neighboring lots are the same size.and this variance fits with the character of the neighborhood. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 12, 1981 PAGE THREE A-2 CASE NO. CUP 10-81, PLANNING COM COUNCIL FOR APPROVAL OF A USE PE Mi. Baxter stated this item was continued for more review. Mr. Crump stated there was,concern expressed at the last meeting that,the Embarcadero is'being'saturated with gift shops. The only criteria for. Embarcadero development is the City General Plan. It calls for a mixture of harbor related and tourist commercial activities. It is up" to Council's discretion to grant the permit. There is nothing to measure by if there are too many of one kind of shop on the Embarcadero. Mayor Dorn asked if the applicant wanted to say any more but they declined. MOTION: Councilman Lemons moved the Council approve a use permit for construction of a nautical gift shop for property in a P.D. Zone. The motion was seconded by Mayor Dorn and unanimously carried. A-3 CITY OF MORRO BAY WATER ALLOCATION PLAN AND FORMULA. The Council requested the Planning Commission consideration of a. future water allocation strategy which would be the basis of the follow- up application amendment. The Planning Commission reviewed and recommended a draft allocation model with several improvements at their meeting of October 5 and October 7, 1981. -Include working definitions for: Coastal Dependent; Coastal Related; infill; and Contiguous Development. -Include reference to data base and documents in support of water recovery,calculations. -Adopt a time limit of up to one year for Building Permits which have already received a water equivalency award, to finalize their application before the equivalency is returned to the yearly allocation pool. Mr. Crump stated that while reviewing the allocation model, there will be several points to keep in mind: (a) the model is only concerned with that specified amount of water gained from loss recovery; (b) that applications for water equivalencies only compete within their same land use category (i.e., commercial competes with other commercial uses, etc.), for the first three quarters: (c) unallocated units are carried over to the next quarter and redistributed according to the percentage breakdown; and, (d).the special fourth quarter allows an adjustment device for an unpredictable market demand, (pursuant to Coastal Act priorities). MINUTES.- MORRO BAY CITY COUNCIL Regular Meeting - October '12, 1981 PAGE FOUR The Council should also note there will be a set of City administrative procedures to implement the model. These procedures would be established as a part of the annual water equivalency award program adopted each January by the Council. A great deal of discussion at the Planning Commissionstudy session was oriented toward the daily operation of an allocation program. Many of these subjects had been addressed by the City in its previous allocation experience. That experience will aid in preparing the annual award program. Grace Melton complimented the staff and the Planning Commission on their thoughtful consideration of the water equivalency plan. She urged support of this plan in the hope that it might permit the City of Morro Bay to partially lift the moratorium. Peter Diffley, representing Citizens Action League, voiced his opinions on the water equivalency plan. Sylvia Cook urged the City to go forward and lift the moratorium. Ernie Miller commended staff on an allocation plan that is fair and reasonable. Howard Gaines provided information regarding .wastewater hook ups at Half Moon Bay. MOTION: Councilwoman Deutsch moved to close the Public Hearing and to accept the report with staff's recommendations. The motion was seconded by Mayor Dorn and carried with Councilman Lemons voting no. Councilman Lemons then stated he would feel stronger about the direction taken with the report if residential development was given a higher percentage allocation. He suggested 60% would be acceptable to him. There was further discussion by Council about this suggestion and how this higher percentage would be viewed by the Coastal Commission and their staff. Councilwoman Deutsch asked Mr. Lemons if 55% would be acceptable. Mr. Lemons stated he would prefer to keep it at 60%. MOTION: Councilman Lemons moved to substitute 60% for residential allocations instead of the percent just approved. The motion was seconded by Councilman Anderson and failed with only Councilman Lemons voting in favor. The Mayor then requested that a letter of thanks be drafted and sent to the Planning Commission and staff for the good work performed on this project. A-4 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 12, 1981 PAGE FIVE Mr. Baxter stated that this item will be continued at the next meeting at the request of the City's Property Manager. A-5 CONSIDERATION FOR VACATION OF A PORTION OF PAULA STREET, BETWEEN JUNIPER AND KOA STREETS. Mr. Baxter summarized the request and recommended that the Council deny the request and the City keep the property. Councilman Lemons asked if it doesn't serve any public purpose then.why not vacate it? Mr. Bressan stated that it would be in the best interest of the City to keep the right of way. MOTION: Councilwoman Ward moved that the public hearing be closed. The motion was seconded by Mayor Dorn and unanimously carried. MOTION: Councilwoman Ward moved that the staff recommendation be adopted. The motion was seconded by Mayor Dorn. The motion was carried with Councilman Lemons voting no. A brief recess was called'at 9c25 pm and the meeting reconvened at 9:35 pm. B. UNFINISHED BUSINESS B-1.'FURTHER DISCUSSION OF USE PERMIT GRANTED TO TERRY LILLEY. Mr. Baxter read a letter by Mr. Stanley Rachubka urging Council to revoke the permit issued to Mr. Lilley. Mr. LeSage stated that the Council must set a hearing on the matter of revoking the permit. Mayor Dorn as answered that City if at any time occ general welfare of a violation of the federal law. ced how could the permit be revoked? Mr. LeSage Code 17.60.120 states use permits can be revoked apation becomes detrimental to the health, safety or persons residing in the neighborhood, or if there is terms of the permit, or a violation of state or MOTION: Councilwoman Deutsch moved that a public hearing be set. The motion was seconded by Mayor Dorn and unanimously carried. The hearing was set for the October 26, 1981 meeting. Mr. Lilley then voiced his concern regarding this action and stated that he did not see why his permit should be questioned. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 12, 1981 PAGE SIX B-2 ORDINANCE NO. 214, AN ORDINANCE BAY MUNICIPAL CODE TO ESTABLISH Mr. Baxter stated that staff had met with the Morro Bay Garbage Company and they have indicated that they can comply with the ordinance, however, Council and the audience may discuss the question of rates. MOTION: Councilwoman Deutsch moved that the ordinance be read by title only and let staff meet and confer with the Morro Bay Garbage Company on the matter of fees and collection. The motion was seconded by Mayor Dorn and carried unanimously. Councilman Lemons asked if the ordinance was passed would it become effective 30 days afterwards? Also if it was passed as is, would the company be collecting all the garbage in Morro Bay at the present rate until January of 1983? Can negotiations for a new rate be finished in 30 days? Councilman Anderson stated that the opinions he has heard were all in favor of the mandatory garbage collection regardless of the rates. Howard Gaines stated that the voters thought the rates would go down if it became mandatory. He stated that the vote wasn't binding. Bruce Risley believes the ordinance is inadequate to accomplish what the people want. The company should be obligated to serve the public equally. Lila Keiser stated she was in favor of the ordinance. Bob de Sommer stated he was in favor of the ordinance. Tim Ross stated he was in favor of the ordinance. Mayor Dorn stated that once the ordinance is passed negotiations with the current franchise to lower the rates based upon door-to-door collections can begin. These instructions will be attached to the motion. Ron Meyers stated he was in favor of the ordinance. MOTION: Councilwoman Ward moved that Ordinance No. 214, amending Chapter 8:16 of the Morro Bay Municipal Code to establish a mandatory refuse collection system be adopted. The motion was seconded by Mayor Dorn and passed by roll call vote with Councilman Lemons voting no. B-3 ORDINANCE NO. 203, AN ORDINANCE AMENDING SECTION 8.24.010 OF THE MORRO BAY MUNICIPAL CODE. SECOND.READING. Mr. Baxter explained that this ordinance deals with prohibition of MINUTES-'MORRO Regular Meeting PAGE SEVEN BAY CITY COUNCIL - October 12,'1981 parking and sleeping in parked vehicles which was introduced on June 22, 1981'and due to staff oversite was not brought back for the second reading. Staff recommends Council adopt by number and title only. MOTION: Councilman Lemons moved that the Ordinance No. 203 be read by title and number only. This motion was seconded by Councilwoman Deutsch and so carried. Mr. Baxter read Ordinance No. 203 by title and number only - "An Ordinance Amending Section 8.24.010 of the Morro Bay Municipal Code." MOTION: Councilman Lemons moved that the Ordinance No. 203 be adopted. Councilwoman Deutsch seconded the motion and it was unanimously carried by roll call vote. B-4 ASSIGNMENT OF LEASE SITE 150 FROM KING CITY TRANSIT TO MORRO BAY MATERIALS. Mr. Baxter stated that this lease transfer could be recommended if certain conditions were -met. At this time all the conditions have been met with the exception of the letter from the bankruptcy referee. The letter was in the mail and Mr. Baxter recommends transfer approval contingent upon receipt of the letter. . Councilwoman Deutsch asked if the lease was in default? Mr. Baxter said no, the lease was paid but the company was never billed properly. Mr. LeSage stated if the City overlooked re -adjusting the rent to reflect cost of living allowances then we have four (4) years to collect due to the statue of limitations. The City can do this as a condition of the transfer. The City has a right as a condition of the lease transfer that the lease payments be brought current by someone. Ray Gallo asked that the Council proceed with the transfer. If the City submits a claim that never was submitted before they are forcing litigation before the bankruptcy court on a priority of creditors, the City will have to go before the bankruptcy court and prove debt. MOTION: Councilwoman Deutsch moved that the City bill for the adjusted current rate and authorize transfer when the lease payments are current. The motion was seconded by Councilwoman Ward and was unanimously carried by a roll call vote. C. NEW BUSINESS C-1 DISCUSSION OF CONSOLIDATION OF MUNICIPAL ELECTION DATE WITH STATE GENERAL ELECTION SB 230. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 12, 1981 PAGE EIGHT Mr. Baxter stated that consolidation would reduce the cost of conducting an election and increase voter participation. The City could realize as much as a 50% reduction in cost. MOTION: Mayor Dorn moved that the City consolidate the elections with the State. Councilwoman Deutsch seconded the motion and it was unanimously carried by a;roll call vote,. C-2 DESIGNATION OF A PORTION OF LAUREL STREET, SOUTH OF KOA,STREET, AS A "NO PARKING" AREA. Mr. Baxter corrected the agenda to read "Cuesta Street" instead of Koa Street. Councilwoman Deutsch pulled this item from the agenda due to a misprint in the paper. This item will be discussed at the October 26, 1981 meeting after proper notice has been printed. C-3 DISCUSSION OF DIAL -A -RIDE FAREBOX REVENUE AND ALTERNATIVES TO DIAL -A -RIDE SYSTEM. Mr. Bressan stated to date some of the more viable modifications that have been pursued are increasing fares, changing to a fixed route system or route deviation system with a handicap van, providing city - subsidized taxi service in conjunction with a handicap van, decreasing operation hours and reducing level of service. It.is staff's recommendation that the City Council discuss these and any other alter- nates which they may find reasonable and provide staff with direction so they can further investigate methods to bring Dial -A -Ride revenues and expenses into compliance. Mr. Bressan added that if the fares were increased from 50C to 75C a point of diminishing returns could be reached due to .people not using the buses due to the fare increase.He additionally discussed offering discount tickets to those using the bus on a regular basis, or the elimination of Saturday service. Staff recommends increasing advertising and eliminating Saturday service to overcome the deficit. Lila Keiser spoke in support of the Dial -A -Ride system. Pam Harris of Dial -A -Ride suggested using "Scatter System" which is a door to door and a fixed route system combined. Bruce Risley suggested that the Senior Citizen Inc. be asked to collaborate on discussions of options. MOTION: Mayor Dorn moved to have Staff proceed on studying the recommendation of eliminating Saturday service and using advertising. The motion was seconded by C " Councilman Anderson and carried unanimously by a roll call vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 12, 1981 PAGE NINE C-4 APPOINTMENT OF JERRY CZARNECKI OF THE USDA SOIL CONSERVATION SERVICE TO THE MORRO BAY WATER ADVISORY COMMITTEE. MOTION: Mayor Dorn moved to appoint Jerry Czarnecki to the Morro Bay Water Advisory Committee. The motion was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. D. CONSENT CALENDAR D-1 Amendment to Classification Plan. D-2 Award of Bid for a 1/2 Ton Utility Van. D-3 Declaration of Property Surplus to City Needs. D-4 Approval of September Expenditure Report for the Chamber of Commerce. D-5 Approval of the Observance of National Business Women's Week from October 18 through October 24. D-6 Approval of January 26, 1981 City Council Minutes. D-7 Approval of Safe Schools Week to be Held October 19-23, 1981. D-8 Approval of Resolution Commending Angela Grenz. D-9 Award of Bid for CRnstruction of Launch Ramp Floatingdocks PW-77-019-37. Mr. Baxter read the Consent Calendar to the Council and members of the public present. MOTION: Councilman Lemons moved for the approval of the Consent Calendar. This was seconded by Councilwoman Ward and carried unanimously. Mr. Lemons then asked the City Attorney if the local cable T.V. company could change channels offered without first obtaining approval from the City. Mr. LeSage stated he would review this and respond to Council. Mr. Lemons then stated he would like Council to again reconsider their action taken earlier regarding the percentage of water allocated to new residences. There was further discussion by Council regarding upcoming negotiations on this matter between City staff and Coastal staff. MOTION: Mayor Dorn moved that staff should keep for reference Council's desire to allocate a higher percentage for residences when discussing this with Coastal staff. The motion was seconded by C iincilwoman Deutsch and carried unanimously. MOTION: Mayor Dorn moved that a letter of thanks and congratulations be sent to Senator Mello for his masterful work with SB 626. The motion was seconded by Councilman Lemons and carried unanimously. Councilwoman Deutsch asked staff how work was progressing on the Embarcadero leases. She asked that a status report be prepared MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 12, 1981 PAGE TEN for the October 26 agenda, with particular reference to payments for the Oyster beds and also the Finicky Fish lease sites. MOTION: Mayor Dorn moved that a letter be sent to Governor Brown commending him for signing SB 230 which would promote home rule. The motion was seconded by Councilman Anderson and carried unanimously. Councilwoman Ward requested that staff send a letter to Pacific Gas and Electric requesting the status of natural gas use at the Morro Bay plant and to express concern regarding discharge pollution. There was further discussion by Council regarding the status of a collection box by the Anchor Memorial. Staff indicated they would contact Mr. Zatko regarding this. Councilman Lemons departed at 11:45 pm. MOTION: Councilwoman Ward moved that the meeting be adjourned. This was seconded by Councilman Anderson and carried by four votes with Councilman Lemons absent. The meeting was adjourned at 11:50 pm. Respectfully submitted, PAUL 'BAXTER, City, Clerk• PB/lm • CITY OF MORRO BAY REGULAR MEETING - OCTOBER 12, 1981 RECREATION HALL, 7:30 PM Call to Order Pledge of Allegiance - Horace Strong, representing all veterans. Invocation - Reverend Thomas Dillard, Estero Bay United Methodist Church A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 APPEAL OF THE PLANNING COMMISSION DENYING TENTATIVE PARCEL MAP MB 81-128 AND RELATED`VARIANCE,CASE NO. VAR 12-81; JON HALAS, APPELLANT. (CONTINUED) A-2 CASE NO. CUP 10-81, PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL FOR APPROVAL OF A USE PERMIT (GENERAL PLAN) FOR CONSTRUCTION OF A NAUTICAL GIFT SHOP FOR PROPERTY IN A P.D. ZONE, GENERALLY LOCATED ON THE EAST SIDE OF EMBARCADERO ROAD, LARRY AND PATRI.CIA DE GARIMORE, APPLICANTS. (CONTINUED) A-3 CITY OF MORRO BAY WATER ALLOCATION PLAN AND FORMULA. A-4 REQUEST OF MICHAEL DE GARIMORE TO APPROVE ACQUISITION OF LEASE SITE 23 (LESSEE EDDY, SUBLESSEE BARRON) AND FOR A CHANGE OF USE FROM A MACHINE SHOP TO WHOLESALE/ RETAIL FISH SALES AND SEAFOOD PROCESSING. A-5 CONSIDERATION FOR VACATION OF A PORTION OF PAULA STREET, BETWEEN JUNIPER AND KOA STREETS. B. UNFINISHED BUSINESS B-1 FURTHER DISCUSSION OF USE PERMIT GRANTED TO ROBERT LILLEY. B-2 ORDINANCE NO. 214, AN ORDINANCE AMENDING CHAPTER 8.16 OF THE MORRO BAY MUNICIPAL CODE TO ESTABLISH A MANDATORY REFUSE COLLECTION SYSTEM. SECOND READING. B-3 ORDINANCE NO. 203, AN ORDINANCE AMENDING SECTION 8.24.010 OF THE MORRO BAY MUNICIPAL CODE. SECOND READING. B-4 ASSIGNMENT OF LEASE SITE 150 FROM KING CITY TRANSIT TO MORRO BAY MATERIALS. C. NEW BUSINESS C-1 DISCUSSION OF CONSOLIDATION OF MUNICIPAL ELECTION DATE WITH STATE GENERAL ELECTION SB 230. C-2 DESIGNATION OF A PORTION OF LAUREL STREET, SOUTH OF KOA STREET, AS A "NO PARKING" AREA. C-3 DISCUSSION OF DIAL -A -RIDE FAREBOX REVENUE AND ALTERNATES TO DIAL -A -RIDE SYSTEM. C-4 APPOINTMENT OF JERRY CZARNECKI OF THE USDA SOIL CONSERVATION SERVICE TO THE MORRO BAY WATER ADVISORY COMMITTEE ! 6 D. CONSENT CALENDAR D-1 AMENDMENT TO CLASSIFICATION PLAN. D-2 AWARD OF BID FOR A 1/2 TON UTILITY VAN. D-3 DECLARATION OF PROPERTY SURPLUS TO CITY NEEDS. D-4 APPROVAL OF SEPTEMBER EXPENDITURE REPORT FOR THE CHAMBER OF COMMERCE. D-5 APPROVAL OF THE OBSERVANCE OF NATIONAL BUSINESS WOMEN'S WEEK FROM OCTOBER 18th THROUGH OCTOBER 24th. D-6 APPROVAL OF JANUARY 26, 1981 CITY COUNCIL MINUTES. D-7 APPROVAL OF SAFE SCHOOLS WEEK TO BE HELD OCTOBER 19-23, 1981. D-8 APPROVAL OF RESOLUTION COMMENDING ANGELA GRENZ. D-9 AWARD OF BID FOR CONSTRUCTION OF LAUNCH RAMP FLOATINGDOCKS PW-77-019-37 E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ATTORNEY E-3 ADMINISTRATOR IPA CITY OF MORRO BAY REGULAR MEETING - SEPTEMBER 28, 1981 RECREATION HALL, 7:30 PM Call to Order Pledge of Allegiance - Horace Strong, representing all veterans. Invocation - Public Comment Period A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 Appeal of the Planning Commission denying tentative parcel map MB 81-128 and related variance, Case No. VAR 12-81; Jon Halas, appellant. A-2 Continued public hearing on Case No. CUP 05-81, Planning Commission recommendation to the City Council for approval of a use permit to allow a forty-one (41) unit motel in P.D. zone, located at 450 to 496 Embarcadero, Harold Biaggini, applicant. A-3 Case No. CUP 11-81, Planning Commission recommendation to the City Council for approval of a use permit (General Plan) for an existing gift shop and aquarium use, plus construction of a second story addition to house an office and marine mammal distress station for property located in the P.D. zone, generally located on the southwest corner of Embarcadero Road and Marina Street, at 595 Embarcadero, Dean and Bertha Tyler, applicants. A-5 Case No. CUP 10-81, Planning Commission recommendation to the City Council for approval of a use permit (General Plan).for construction of a nautical gift shop for property in a P.D. zone, generally located on the east side of Embarcadero Road, Larry and Patricia DeGarimore, applicants. A-6 Assignment of Lease Site 150 from King City Transit to Morro Bay Materials. B. UNFINISHED BUSINESS B-1 :Settlement ''of Tide] ands''Boundary'Agreement-'Caratan Parcel. C. NEW BUSINESS - - C-1 Reuues t t. h. a.1s-*m 1 Pi4A61 9 m Phi I n CONSENT CALENDAR D-1 Expenditure report for the month of August, 1981. D-2 Rejection of bids for PW 80-006-31 to recoat interiors of Blanca Street water tanks. D-3 Rescind amendment to the Handicapped Joint Powers Agreement providing for a one year pilot study. D-4 Approval of ratification of two-year contract for Morro Bay Firefighters Union, Local 1855. D-5 1981-82 Fiscal Year Transportation Development Act (SB 325) Claim. D-6 Resolution of City of Morro Bay urging SLO County Board of Supervisors to adopt a two cent (2�) Gas Tax Increase. D-7 Approval of City Council Minutes from meetings of July 27, 28, August 24, and September 14, 1981. D-8 Approval of Agreement with P.G. & E. for Early Warning Sirens. • • BOA E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2, City Attorney E-3 City Administrator i MORRO BAY CITY COUNCIL Regular Meeting - September 28, 1981 Recreation Hall, 7:30 P.M. The meeting was called to order by Mayor Marren M. Dorn at 7:35 P.i1. The Pledge of Allegiance was led by Horace Strong and the invocation was given by Reverend Lance Poldberg of the Calvary Lutheran Church. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman John Lemons, Councilman Herminia Ward, Councilwoman !Marren El. Dorn, Mayor STAFF: Paul Baxter, City .Administrator Michael LeSage, City ,Attorney John P,ressan, Director of Public Services Murrel Crump, Community Development Director Gary Napper, Administrative Assistant Bernie Zerr, Fire Chief Nellie Cecil, Secretary A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 Appeal of the Planning Commission denying tentative Parcel !lap MB 81-128 and related Variance, Case No. VAR 12-81; Jon Halas, appellant. Mr. Crump, Community Development Director, explained that at the request of the appellant, the City Council continued the subject item from their August 24, 1981, meeting. Mr. Crump stated on August 3, 198L the Plannihp Commission considered the request of Jon Halas for a Tentative Parcel Map,, dividing one parcel into three and related Variance from yard setback requirements for Fogerty in the R-3 Zone, located at 270, 290 and 292 Olive Street, on the�srouthwest corner of'Olive Street and plain Street. The Planning Commission found the proposed division to lots of less than 4,000 square feet unacceptable'in the R-3.,(multi-family) zone and the e/ariance in sideyard setbacks which resulted from proposed new property lines. The Commission denied the request 3-0 with two members being absent. The applicant has now appealed the Commission decision to the City Council. Mr. Crump stated the primary planning issue in connection with the case is whether a multi -family area should be divided into parcels which would render multi- family use impossible, and whether de facto substandard single family lots should be created in an R-3 Zone. Mayor Dorn opened the hearing for Public comment. Jon Halas, appellant, stated he was requesting to be allowed to create three lots from the existing lot that has three houses on it. He believed that he had two lots at the present time, and that one house, facing Main Street, was on one lot, the MINUTES` `= MORRO', BAY CITY COUNCIL Regular Meeting - September.28,.1981 PAGE TWO other two houses facing Olive Street, were on the other.lot. Mr. Halas stated he wanted to straighten the property line between these two lots, and divide the other lot into two lots, creating three parcel'. .He stated that he had talked to his neighbors about turning this property'fron R-3 into an R-1 Zone, and they had indicated they preferred their property to be used as a single family residence. Mr. Halas explained his three houses were well built of redwood and had been there for forty years. He stated the size of the houses were approximately 1,000 to 1,100 square feet. He noted he lived in one of the houses and his father lived in the corner house on ?lain Street and Olive. His purpose for requesting this lot split was so that he could sell the middle house to generate some money. He did not feel it was affordable to rebuild as the R-3 Zone would only allow four units•on this property. There were no comments from the audience. Councilman Anderson stated that the proposed Parcels #1 and #2 were substantially below 4,000 square feet. Mr. Crump noted that single family lots were usually about 5,000 or 5,500 square feet.and larger, in our density range of four to seven dwelling units per acre. Councilman Anderson stated the corner lot of Olive and Pain Street was only 3% shy of 4,000 square feet. He felt this would be acceptable as a single lot, and combine Parcels #1 and #2 into another single lot. Councilwoman Ward questioned the square footage per unit allowed in the R-3 Zone and was informed it was 1,600 square foot of land per unit. Mr. Halas protested that according to the tax parcels, there were already two separate lots. What they wanted to do was to allow for three separate ownerships of the three houses. A discussion followed with regard to density and conformance with the Zoning Ordinance. Mr. LeSage stated single family homes are allowed in the R-3 Zone, but it is inconsistent with the General Plan. MOTION: Councilman Lemons moved the Public Hearing on Case No. Tentative Parcel Map MB 81-128 and related Variance, Case No. VAR 12-81, be closed. The motion was seconded by Mayor Dorn and unanimously carried. MOTION: Councilman Lemons moved this matter be continued for two weeks in view of the new facts that have been brought out. The motion was seconded by Councilman Anderson and unanimously carried. Councilwoman Ward requested staff to look at other lots for size in that particular area. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 28, 1981, PAGE THREE P.-2 Continued Public Hearinn on.Case No. CUP 05-81, Planning Commission recommendation to the City Council for approval of a Use Permit to allow a forty-one (41) unit motel in a P. D. Zone, located at 450 to 496 Embarcadero, Harold Biaggini, applicant. Mr. Crump stated the subject case was continued from the August 25, 1981, City Council meeting, with directions given to the applicant for preparation of view studies. The applicant requested to be rescheduled for the September 28, 1981, meeting. The applicant's representative indicated he would, at that time, be prepared to review with the Council the items requested. Mr. Crump stated the Council now has before it an application for a "General Plan" consisting of a forty-one unit motel and manager's apartment, recommended for approval subject to conditions, by the Planning Commission.. Realizing that water equivalencies are not being issued at the present time, the application has been submitted for pre- planning purposes. Don West, Architect', representing Mr. Biaggini, displayed an exhibit outlining a view corridor study. The study was made from eye level at the end of Anchor Street. Mr. blest pointed out the view of the bay itself has already been blocked by the existing buildings of the Crown and Anchor Restaurant and the Diver's Association Building, also the Yacht Club. Fir. blest stated that by removing four units of the upper part of the Motel, youcould modify the view of the.bay. Mr. !Jest noted that development would take place on the waterside of the bay with even a one story building that would restrict the view of the bay; therefore, the removal of the four units of the motel would have very little effect on the view. Mayor Dorn inquired if the applicant was agreeable to the conditions as set forth by the Planning Commission. , Mr. Harold Diaggini, applicant, replied they had no qualms with any of the conditions the Planning Commission had requested. Mr. Biaggini presented a petition from citizens approving the project which had been circulated in December of 1977. He pointed out they have been working on this same motel plan for a long time and noted a new motel ,has not been built in Morro.Bay since 1973. Also, two motels have been torn down since that time. Mr. Biaggini noted a lot of new shops have been built and two new restaurants have been built since 1973. He felt there were not too many places for the tourists to stay. P1ayor Dorn opened the hearing to the public. Mr. Louis Caratan, property owner located above the proposed project, stated he had discussed this project with Mr. Biaggini and it would not be detrimental to any of their interests, views or anything else as proposed. Councilman Lemons questioned the applicant if they had looked into reducing the overall height by lowering the foundation. Mr. West stated they had not looked into it specifically as yet, but would certainly look into it when they got into their construction anaylsis and design. They would take a very close look into alternate structure systems and ramp angles on getting the automobiles in.and out of that lower level. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 28, 1981 PAGE FOUR Councilwoman Ward questioned the removal of trash. Mr. West stated that was one of the conditions the Planning Commission set forth and they would provide an acceptable method of removing trash and would certainly solve that problem. Councilman Lemons questioned the Community Development Director with regard to water equivalencies and if this would establish priority. Mr. Crump stated this would not establish priority for water equivalencies as this was an application for planning approval required in a Planned Development Zone. Mr. Biaggini would be in the same category as any other application for a motel applying for an equivalency permit. MOTION: Mayor Dorn moved the Public Nearing on Case No. CUP 05-81 be closed to the public. The motion was seconded by Councilman Lemons and unanimously carried. MOTION: Mayor Dorn moved the recommendation from the Planning Commission on Case No. CUP 05-81 as forwarded to the City Council be approved by Resolution No. 97-81. The motion was seconded by Councilwoman Ward and carried by the following roll call vote: AYES: Lemons, Anderson, Ward and Mayor Dorn. NOES: Deutsch A-3 Case No. CUP 11-81, Planning Commission recommendation to the City Council for approval of a Use Permit (General Plan) for an existing gift shop and aquarium use, plus construction of a second story addition to house an office and marine mammal distress station for property located in the P. D. Zone, generally located on the southwest corner of Embarcadero Road and Marina Street, at 595 Embarcadero, Dean and Bertha Tyler, applicants. Mr. Crump explained the Planned Development Zone provides for a two step approval process. The first conceptual approval is termed by the Zoning Ordinance as a "General Plan". The concept approval is based on Planning Commission hearing and recommendation to the City Council; with final action being taken by the Council. If approved by the Council, the applicant may then file a "specific plan" incorporating all of the previously required conditions with the final details of the site design, for Planning Commission action. Mr. Crump stated the Council now has before it an application for a "general" plan" consisting of the described existing facilities and the proposed second story addition, recommended for approval subject to conditions, by the Planning Commission. Mr. Crump noted the subject case was heard by the Commission at their September 8, 1981, meeting. In addition to the recommendation being offered,.it was concluded that the request did not involve an expansion of site uses beyond those which presently exist, only additional building area to house those activities. It was also believed that water saving devices installed in the existing building and proposed addition would result in a balance of water use with the historic rate, and therefore, the contemplated construction could proceed after securing necessary approvals. • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 28, 1981 PAGE FINE Staff recommends the Council approve a resolution approving the Use Permit General.Plan, Case No. CUP 11-81. Mayor Dorn opened the hearing to the Public for comment for or against the proposal. Howard Gaines questioned the water usage and inquired if this application would require a Coastal Permit., Mr. Crump answered it would require a Coastal Permit and preliminary calculations for water saving devices indicate they might even reduce the water consumption. Mayor Dorn stated the aquarium used mostly salt water. . MOTION: Councilwoman Ward moved the public hearing on Case No. CUP 11-81 be closed. The motion was seconded by Mayor Dorn and unanimously carried. Mr. Baxter stated as this project was a lease site, he would recommend that in the Council approval, the approval be conditioned upon communications with California - West, (Mr. Wallace) prior to the specific map being finaled. MOTION: Mayor Dorn moved this project be approved by Resolution No. 92-81, as recommended by the Planning Commission, with those conditions, and the stipulation that it goes through the lease agent, California - West. The motion was seconded by Councilman Anderson and.nassed with the following roll call vote: AYES: Ward,'Deutsch, Lemons, Anderson and Mayor Dorn. NOES: None. A-5 Case No. CUP. 10-81, Planning Commission recommendation to the City Council for approval of a Use Permit (General Plan) for construction of a nautical gift shop for property in a P. D. Zone, generally located on the east side of Embarcadero Road, Larry and Patricia DeGarimore, applicants. Mr. Crump stated this property is located in a Planned Development Zone and the applicants are requesting a "general plan" approval for a gift shop subject to conditions as recommended by the Planning Commission. Mr. Crump explained that water equivalencies are not being issued at the present time and the application has been submitted for preplanning purposes. Staff recommends approval of a Use Permit (.General Plan) for development of a gift shop in the P. D. Zone, subject to conditions as recommended by the Planning Commission; Case No. CUP 10-81. Mayor Dorn opened the hearing for public comment. No one spoke in favor or against the proposal. MOTION: Mayor Dorn moved the Public Hearing on Case No. CUp 10-81 be closed to the public. The motion was seconded by Councilwoman Deutsch and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting — September 28, 1981 PAGE SIX Councilman Lemons questioned the Percentage�of gift shops on the Embarcadero. The answer was unknown. MOTION: Mayor Dorn moved the City Council.approve a Use Permit (General Plan) for development of a gift shop in the P. D. Zone, by Resolution, subject to conditions as recommended by the Planning Commission. The motion was seconded.by Councilwoman Deutsch. ` Councilman. Lemons stated he would like to, get some feel with regard to what direction the City was goinn in the P. D. Zone undeveloped property on the Embarcadero. He questioned the Attorney as to whether they had any authority to set a direction. Mr. LeSage answered the City Council could, under the P. D. Zone, give Policy direction. Councilman Lemons stated he would like to continue this until the next meeting. Mayor Dorn stated upon the request of Councilman Lemons, he would withdraw his motion and continue this for two weeks. Firs. Pat DeGarimore, applicant, stated they had submitted the type of retail sales they were offerin,o which were nautical in nature, i:e. ship's wheels, boats, antique boat parts, marine paintings, anything that has to do with a marine theme. Also, they were going to devote a part of the building to a marine museum of items which they have collected through the years and will display them to the public free of charge. A-6 Assignment of Lease Site 150 from King City Transit to Morro Bay Materials. Mr. Baxter explained this item on the agenda has been continued at the request of the applicant. B. ''UNFINISHED BUSINESS B-1 Settlement.of Tidelands Boundary Agreement - Caratan Parcel. Mr. LeSage stated there were three items pending toward the settlement of this Tidelands Boundary. The first relates to the question as to when the Council would act to accept the agreement; that in turn, resolves itself into the question of when will the Council be satisfied that they are adequately assured of funding. Mr. LeSage stated the State Lands will not act until the Council acts.. The third item is that preliminary study has found the Caratans have indicated they are willing to settle but have asked for two boatslips instead of one because of the size of their parcel. Mr. LeSage stated he would need an Executive Session on the overall settlement on one other point that was raised. Upon questioning by Councilman Lemons, Mr. LeSage stated the committment was that it would be a park for thirty years. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 28, 1981 PAGE SEVEN A discussion was held on State funding of the park. It was agreed that a short Executive Session would be held on the Caratan Parcel settlement of Tidelands Boundary Agreement, after the Consent Agenda was heard. C. NEW BUSINESS C-1 Request to transfer Lease 90-90W from Phil Barron to Mike and Kathy DeGarimore (Hope Miller, Agent). Mr. Baxter explained this,item was'pulled from,the agenda at -the request of the applicant. D. CONSENT CALENDAR D-1 Expenditure report for the month of August, 1981. Mr. Baxter stated the Finance Department has prepared this expenditure report and staff recommends approval of the report as submitted. D-2 Rejection of Bids for PW 80-006-31 to Recoat Interiors of Blanca Street 'Water Tanks. Staff recommends that Council reject the bids received for this project and authorize staff to rebid for the recoating of the interiors of.Blanca Street water tanks. D-3 Rescind Amendment'to the Handicapped Joint Powers Agreement providing for a One Year Pilot Study. Mr. Baxter stated this item has been pulled. This was a Handicapped Joint Powers Agreement which apparently was adopted unnecessarily and the Council of Governments are revising it now and will bring this back later on. D-4 Approval of Ratification of Two -Year Contract for Morro Bay Firefighters Union, Local 1855. Mr. Baxter explained as requested by Council, the Local Fire Fighters Union Local 1855 has made their choice known regarding whether a one-year or'two-year agreement would be acceptable to them. Staff was informed in writing by Mr. Parker, the Union Representative, that the Fire Fighters have voted to ratify the two-year agreement. Staff recommends the Council approve the two-year contract giving the City Administrator authorization to sign on behalf of the City. D-5 1981-82 Fiscal Year Transportation Development Act (SB 325) Claim. Mr. Baxter stated it is timely that the City's annual claim for the use of SB 325 funds be filed. As required by regulation, a resolution has been prepared for Council adoption which describes how the SB 325 funs will be allocated. The legislation which created this funding requires that monies be used for transportation purposes (Dial -A -Ride) only. It is recommended that Council approve the resolution as submitted. D-6 Resolution of City of Morro Bay urging SLO County Board of Supervisors to adopt a two.cent (:U) gas tax increase. MINUTES - MORRO BAY CITY COUNCIL Regular 61eeting - September 28, 1981 s PAGE EIGHT Mr. Baxter stated Senate Bill 215, sponsored by Senator Foran, was signed by the Governor. It would provide for a two -cent increase in gas tax and then some of the funds would be returned to the various local governments for road construction and repairs. In order to have that two'cent tax, be levied, a local option was part of the bill and each County must adopt the two -cent tax in their particular jurisdiction. It is recommended that the Council adopt a resolution urging the local County Board of Supervisors to implement this increase for San Luis Obispo County. D-7 Approval of City Council Minutes from Meetings of July 27, 28, August 24, and September 14, 1981. Mr. Baxter noted the Deputy City Clerk has prepared minutes for the Council approval from the above referenced meetings and recommend Council approve the minutes as submitted. D-8 Approval of Agreement with P. G. & E. for Early Warning Sirens. Mr. Baxter stated P. G. & E., as part of their early warning system for the Diablo Canyon Power Plant, has constructed a siren system throughout San Luis Obispo County. In order to avoid any possible conflicts with the local siren systems, they are requesting that in exchange for local sirens not operating for emergency purposes that P. G. & E. will pay for certain emergency communication equipment for such local agencies. The City in the past, has not operated a siren system for some time regardless of P. G. & E's proposal. ,At this point it would appear to be advantageous for the City to enter into the agreement and thus benefit from the receipt of the equipment. Staff recommends Council authorize the City Administrator to sign on behalf of the City the agreement proposed by Pacific Gas & Electric Company as it relates to sirens and communications equipment. Howard Gaines spoke on D-1 and D-6. D-1, referred to Item Vouncher $60.00 to reimburse Rotary Club dues. His objection was Rotary Club,was a private organization of Businessmen and the dues of $60.00 should come under "Community Promotion". The other objection was to the refund voucher to Councilwoman Dorotha Deutsch to attend a California Cities meeting. He objected to the price of the dinner. Gene Doughty questioned the reason for the rejection of Bids No. P14 80-006-31, recoat interiors for Blanca Street !dater Tanks. Mr. John Bressan, Director of Public Services, stated the budgeted amount for this project was $16,000.00. Three bids were received for the project, the low base bid being $22,263.00 from Land/Sea Interface Construction. Not included in this base bid are needed fiberglass repairs to the interiors of the tanks, the extent of which could only be determined at such time as the tanks were drained and inspected. There- fore, it is recommended by the Public Services Department that all bids be rejected and Council direct Staff to reduce the scope of the project and go back to bid for the recoating of one tank, at such time the tank can be drained and inspected prior to the bid opening. Councilman Lemons questioned the amount the Cities would get out of the two cent gas tax. 0 MINUTES - MORRO BAY CITY COUNCIL Regular"Meeting - September 28, 1981 PAGE NINE Mr. Baxter stated each City of each jurisdiction would get a half of one cent, some of the money would go to the County, some would go into the State Road Fund for use on State roads within each of the jurisdictions that have adopted it, such as Highway 1. A discussion followed with regard to the distribution of the tax money. Councilwoman Ward stated in the minutes of September 14, 1981, page three, Item B-1, the motion which Councilman Anderson moved with regard to Council approval of Staff's recommendation to allow the Hittles to build a dock. The motion was seconded by her and not Mayor Pro-tem Lemons. Councilman Lemons stated he would like the item on the Expenditure Report for the refund of Rotary Club dues to be removed. MOTION: Councilman Lemons moved for the approval of the Consent Calendar. The motion was seconded by Mayor Dorn and passed by the following roll call vote: AYES: Anderson, Deutsch, Lemons, Ward and Mayor Dorn. NOES: None. Mayor Dorn declared a recess to be followed by an Executive session to discuss Item B-1, Settlement of Tidelands Boundary Agreement - Caratan Parcel. RECESS - 9:00 P.M. RECONVENED - 9:20 P.M. Mayor Dorn declared the Public Meeting reopened. MOTION: Councilman Lemons moved the Council approve the Tidelands property agreement with the property owners in the Caratan interests; the agreement being the City agreement, the boundary line agreement and the addendum with Caratans. The motion was seconded by Councilwoman Deutsch and passed by the following roll call vote: AYES: Ward, Lemons, Deutsch, Anderson and Mayor Dorn. NOES: None. Mr. LeSage noted for the record, the items raised in the Executive Session concerned a request for more restrictive definition of a park and what would occur having it committed to a park for thirty years even though the City might not have any funding. The Council did not state what kind of a park it would be. E. INDIVIDUAL'DETERMINATION AND/OR ACTION E-1 City Council Mr. Baxter stated Item E-1 is a progress report for the City's application to the Coastal Commission for the release of water equivalencies. At Council's direction, Staff has prepared the justification for additional water as based upon the repairs to the water system. In determining how to proceed, there are a number of strategies that might be available for submitting an application to the Commission for consideration. �1 MINUTES - MO RRO BAY CITY COUNCIL Regular Meeting - September 28, 1981 PAGE TEN A discussion followed on the amount of water saved by water line replacement and sewage treatment plant capacity. NOTION: Councilman Lemons moved the Council request the Planning Commission to come to us with their, recommendation on an allocation program on the 12th of October fora Public Hearing, and also to instruct the City Administrator to notice that Public Hearing. The motion was seconded by. Councilwoman Deutsch and passed by the following roll call vote: AYES: Anderson, Ward, Lemons, Deutsch, Mayor Dorn. NOES: None. E-2 Dockage requirements for the Cape Hedge. Mr. Baxter stated that a one year lease had been prepared for the dockage requirements for the Cape Hedge. He requested that Council approve it,as submitted and authorize the Citv Administrator to sign on behalf of the City. MOTION: Councilman Anderson moved the Council approve the one year lease for dockage requirements for the Cape Hedge. The motion was seconded by Mayor Dorn and unanimously carried. (5-0) E-3 Progress Report on Local Coastal Plan. 11r. Baxter and Mr. Crump brought Council up to date on the progress being made with regard to the City's Local Coastal Plan. At this point negotiations with the Coastal Staff have progressed to a point to indicate that the City's first hearing might be as early as January, 1982. E-4 Mandatory garbage. Mr. Baxter commented Staff has been laboring with some of the complications associated with the mandatory garbage ordinance with the fact.that the current contract with the provider at this point does not allow for the mandatory garbage to be implemented unless the City were to agree to an amendment. The agreement will last until January 12, 1983. The City is now working with the Garbage Company to learn if they would be willing to amend the current agreement or secondly, what their position would,be on bidding process for the duration of this agreement. Mayor Dorn stated the City must tell the garbage company there is to be a door to door pickup in the future, and if they can't do it, then the contract must go out to bid as they have forfeited their public trust. Mr. LeSage noted the question was on what the rates would be. Mr. Baxter stated Staff would meet with the Wagners and this item would be placed on the agenda for the meeting of Ocotber 12, 1981. E-5 Award of Bid for Asphalt. Mr. Bressan explained this bid is for the purpose of receiving hot -mix asphaltic 0 MINUTES - MORRO BAY CITY COUNCIL. � 1 1 1 t Regular Meeting - September 28, 1991, , PAGE ELEVEN concrete on a demand basis for the City's in-house Maintenance Overlay Project. Three bids were received and opened. 'Kaiser Sand & Gravel, Atascadero, was the low bidder and complies with all requirements of the specifications. It is therefore the recommendation of the Public Services Department that the City Council award the contract to Kaiser Sand & Gravel. ' MOTION: Councilman Lemons moved the City Council approve Resolution No. 103-81. The motion vias seconded by Mayor Dorn and passed by the following roll call vote: AYES: Anderson, Deutsch, Lemons, 14ard, Mayor Dorn. NOES: None. E-6 Resolution commending Bonita,K. hurray. Mr. Baxter stated the last item on the agenda was a resolution prepared at Council direction commending Bonita K. Murray for her services to the City of Morro Bay. MOTION: Councilman Lemons moved the City Council approve Resolution No. 94-81. The motion was seconded by Councilman ,Anderson and unanimously carried. Mr. Baxter stated Angela Grenz has submitted her resignation and will leave on October 23, 1981, to assume a position with the State Ilater Control Board in San Luis Obispo. NOTION: Mayor Dorn moved a resolution be prepared commending Angela Grenz for her services to the City of Morro Bay. The motion was seconded by Councilman Anderson and unanimously carried.. (5-0) Mr. Baxter requested an Executive Session at 10:20 P.M. The meeting was reconvened at 10:30 P.M. MOTION: Councilman Lemons moved the City Council authorize the settlement up to the amount of 16,000.00 for a claim submitted by William Zuber. The motion was seconded by Mayor Dorn and passed by the following roll call vote: AYES: Mayor Dorn, Lemons, Deutsch, !lard and .Anderson. HOES: None. MOTION: Councilwoman t4ard moved for the adjournment of this meeting. The motion was seconded by Councilman Anderson and unanimously carried. The meetinn was adjourned at 10:35 P.M. By PAUL BAXTER, City Clerk PB/nc �J CITY. OF MORRO BAY REGULAR MEETING - RECREATION HALL, SEPTEMBER 14, 1981 :30 PM Call to Order Pledge of Allegiance - Horace Strong, representing all veterans Invocation - Rev. Charles Erickson, St. Peter's Episcopal Church Public Comment Period A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 Case No. CUP 08-81, San Luis Unified School District, applicant. Request for approval of a use permit to allow parking and use of a travel trailer at the Morro Bay High School bus garage for security personnel to live on campus in the P.D. zone, located at 235 Atascadero Road, Morro Bay. A-2 Request by Morro Bay Garbage for an interim rate increase. . A-3 Assignment of Lease Site 150 from King City Transit to Morro Bay Materials. B. UNFINISHED BUSINESS B-1 Further.consideration of Hittle's Landing request for relief of hardship. B-2 Ordinance No. 213, an ordinance amending Section 13.04.310 and Section 13.04.200-E of the Morro Bay Municipal Code (discontinuance notice and reconnect fees). Second reading. B-3 , B-4 Resolution relating to the classification, compensation and terms of employment of fire fighter employees of the City of Morro Bay. C. NEW BUSINESS C-1 Resolution setting delinquent service charges and reconnection fees for water and sewer services. C-2 D. CONSENT CALENDAR D-1 Further extension of CTS contract for operation of the Dial -A -Ride System. D-2 Proposed support of SB 735, Coastal Conservancy: Urban Waterfront Restoration. D-3 Resolution establishing October 7, 1981 as National Guard Day. D-4 Resolution approving assignment of Lease Sites 17, 17 North and Mooring Zone Al-4 from John J. Kirth and Gisela G. Kirth to Morro Bay Marina. D-5 Approval of settlement agreement with George Prier. D-6 Amendments and additions to classification plan. D-7 Approval of a City deferred compensation plan. D-8 Designation of a representative and alternate to CCCJPA Executive Board. D-9 Approval of grant anticipation note program for Wastewater Treatment Plant Outfall. D-10 Approval of SLO County Law Enforcement Interagency Agreement for drug task force. D-11 Resolution rejecting bids on pick-up truck for the Fire Department. D-12 Approval of August expenditure report for the Chamber of Commerce. D-13 Approval of lease agreements with U.S. Coast Guard. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 14, 1981 RECREATION HALL, 7:30 PM Mayor Warren M. Dorn called the meeting to order at 7:30 PM. Horace Strong, representing all veterans in the area, led the pledge of allegiance and Rev. Charles Erickson, St. Peter's Episcopal Church, gave the invocation. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman STAFF: Gary Napper, Acting City Administrator. Michael LeSage, City Attorney John Bressan, Director of Public Services Murrel Crump, Community Development Director Al Olson, Police Chief Mary Sanders, Recreation Director Gere Sibbach, Finance Director Bernie Zerr, Fire Chief Bonita Murray, Deputy City Clerk Mayor Dorn introduced a former Los Angeles County Supervisor, George Cronk and his wife who are now living in this area. Mr. Napper informed Council that Mr. Baxter is out of town on vacation and he will be conducting the meeting in his absence. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 CASE NO. CUP. 08_81,_SAN LUIS UNIFIED SCHOOL DISTRICT, APPLICANT. REQUEST This matter was continued from your meeting of August 24. The school district has requested that the City allow the use of a travel trailer on the Morro Bay High School campus so that security personnel may live on campus and protect the property against vandalism. Upon review of the application, staff found that the current high school is non -conforming and did not have a use permit from the City. Mr. Crump is resolving this procedural requirement by submitting a resolution for a use permit for the high school which would also allow the security trailer which was requested by the school district. Mayor Dorn opened the public hearing on.this matter and asked if there was anyone in the audience who wished to speak on this matter. MOTION: Mayor Pro-Tem Lemons moved that the public hearing on this matter be closed.. This was seconded by Councilwoman.Ward and so carried. r t MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - S.EPTEMBER 14, 1981 Page Two MOTION: Councilwoman Ward moved that the Council approve the resolution granting a use permit for the San Luis Unified School District and allow a security trailer on campus. This was seconded by Mayor Pro-Tem Lemons and carried unanimously by roll call vote. A-2 REQUEST BY MORRO BAY GARBAGE FOR AN INTERIM RATE INCREASE. As a result of the last meeting with Mr. Wagner, staff and Mr. Wagner were able to come to an agreement on a rate schedule that reflects on an increase based on landfill increases and not other items. Mr. Bressan went over the logic used in this proposed rate increase. According to Councilman Anderson, the rate increase at the landfill was nothing the city or the garbage company had any control over. Councilwoman Deutsch stated that the Board of Supervisors postponed a further request for increases at the landfill until September 28. Will the garbage company be back to the Council requesting a further rate increase if the landfill fees are raised again? Mr. Bressan mentioned that these proposed increases for the garbage company, if approved, would remain in effect until a decision has been made on the mandatory garbage ordinance. Recommending against the increase, Howard Gaines felt that the major portion of the costs would be borne by the residential individual. Mr. Wagner, Morro Bay Garbage, requested that the drop box rate be $40 per dump plus whatever the dump fee is at the time it is taken to the disposal site. Mr. Risley was not opposed to the garbage company having a�rate..increased.but%also requested that everyone be given equal treatment by the garbage company. MOTION: Mayor Dorn moved that Council approve the interim rate increase for Morro Bay Garbage Company based on staff's recommendation and that staff come back to Council in 30 days with a recommendation on a new fee schedule for the drop boxes as suggested by Mr. Wagner. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. A-3 ASSIGNMENT OF LEASE SITE 150 FROM KING CITY TRANSIT TO MORRO BAY MATERIALS Jack Wallace of California -West has reviewed the requested lease transfer. He recommends approval of this lease assignment subject to the followin : (1) site and use plan, (2) assumption agreement, (3) financial statements, (4� disclosure of principles and (5) city indemnified from an asphalt loss. Staff is recommending a continuation of this matter until all reports are received. This matter has been rescheduled by a consensus of the Council to the meeting of September 28, 1981. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 14, 1981 Page Three B. UNFINISHED BUSINESS B-1 FURTHER CONSIDERATION OF HITTLE'S LANDING REQUEST FOR RELIEF OF HARDSHIP. As a result of a meeting with both parties involved, the Harbor Patrol and the Harbor Advisory Board, Mr. Bressan presented a new alternative: (1) A dock would be built on the south side of the Hittle lease site not to exceed the lease site, which would be safer to dock their boat. (2) The position of the dock would provide for a safer docking during a flood tide situation. (3) The dock would provide a physical barrier between the contested lease site, the street end, and the Yacht Club where there is a conflict between leases. Since Dr. Hittle was unable to attend the meeting, Mr. Bressan expressed his concerns. Dr. Hittle will not agree to this proposal as he would like a physical barrier between his lease site and that of the lease site to the north. Mr. Jeplin of the Yacht Club and Cliff Smith of the Harbor Advisory Board would favor the plan as outlined by Mr. Bressan. Mayor Pro-Tem Lemons asked how long it would take to completely build a dock on the Hittle's lease site. Mr. Bressan mentioned that by the time approvals are received from the Coastal Commission, the Army Corps of Engineers and the Planning Commission that it would take from six months to a year for construction to be completed. MOTION: Councilman Anderson moved that Council approve staff's recommendation and allow the Hittle's to build a dock on the south side of their site not to exceed their lease site for the mooring of one boat and in the interim that the present dock be used for loading and unloading of passengers only and the boat be placed on a mooring. This was seconded by Mayor Pro-Tem Lemons and so carried. Ernie Miller felt that since a variance had been given to the Yacht Club that consideration for use of part of the street end should be given to Dr. Hittle. MOTION: Mayor Pro-Tem Lemons moved that the above motion be amended to include the following: a revokable permit be granted for construction of a dock five feet into the street end by the Hittle's for construction of a conventional dock with one side being five feet and the other ten feet for the mooring of one boat. If this alternative is not acceptable to Dr. Hittle, then all of the conditions expressed in the original motion are available. The present dock will still only be used for loading and unloading of passengers and the boat be placed on a mooring. This was seconded by Councilwoman Deutsch and passed with Councilman Anderson and Councilwoman Ward voting no. 1] MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 14, 1981 Page Four A brief recess was called at 9:00 PM with the meeting reconvening at 9:10 PM. Im 213 E'AMEN 13.04.310 AND SECTION This ordinance is being brought back to Council for a second reading. It relates to discontinuance notices and reconnection fees for water services. MOTION: Mayor Pro-Tem Lemons moved that Ordinance No. 213 be read by title and number only. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. Mr. Napper read Ordinance No. 213 by title only - "An Ordinance Amending.Section 13.04.310 and Section 13.04.200-E of the Morro Bay Municipal Code." MOTION: Mayor Pro-Tem Lemons moved that this constitutes the second reading of Ordinance No. 213. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. B-3 ORDINANCE NO. 214, AN ORDINANCE AMENDING CHAPTER 8.16 OF THE MORRO BAY This matter is being rescheduled for the meeting of September 28 to allow staff the opportunity for further research. B-4 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPI_nY- Mr. Napper outlined the background of this matter and the two options which had been available to the Fire Fighters Union, Local 1855: (1) a two-year contract resulting from meetings with a State Conciliator proposing'a 17.5% salary increase upon ratification by the Fire Fighters Union, Local 1855 or (2) a one-year unilateral contract with a 6.5% salary increase. Since staff did not hear from the Fire Fighters Union, Local 1855 by 5:00 PM this date, staff recommends adoption of the resolution unilaterally approving a one-year contract with a 6.5% salary increase. Jerry Parker, Ernie Miller, Dan D'nks', We% Calmes, Stan Thomas, Bill Mehaffey, Jeff Jones, Jim Ross, Jonelle Parker, Lila Keiser, Kiel Calmes, Howard Gaines, Peter Diffley and Bruce Risley all spoke in favor o.f;.a raise for the fire fighters. Their main points were: (1) salaries are,below those of the City of San Luis Obispo, South Bay Fire Department, and the State comparison of cities our size; (2) amount of training and experience needed to perform the,job and high cost to replace a position; (3) number of,employees (5) who may look for other jobs if a $300 raise is not granted; (4) unneeded cost for hiring a City negotiator; (5) need for a dedicated, responsible and well=trained Fire Department since Morro Bay does not have a hospital; (6) the unit's proficiency was praised. BAY CITY COUNCIL - SEPTEMBER 14, 1981 Avery of Becker & Bell sta locations, departments, e n so early is the question get a better deal by going Councilman Anderson moved that the Council approve one of two options: (1) The Fire Fighters Union, Local 1855 is to notify the City staff by 5:00 PM on Friday, September 18 that they have formally ratified the proposal accepting a 17.5% two-year contract; or (2) if the Fire Fighters Union, Local 1855 does not respond or wishes to not take Option One by Friday, September 18 at 5:00 'PM, the Council unilaterally implements a one-year contract at 6.5% salary increase effective August 15, 1981. This was seconded by Councilwoman Deutsch and carried unanimously. NEW BUSINESS RESOLUTION SETTING DELINQUENT SERVICE CHARGES AND RECONNECTION FEES FOR WATER AND SEWER SERVICES. This resolution will establish delinquent charges and reconnection utility services in accordance with the ordinance just previously B-2). Staff would recommend approval of this with the effective d with the previously mentioned ordinance. -Tem Lemons moved that Council approve the resolution setting t service charges and reconnection fees for water and sewer with the effective date coinciding with the previously mentioned . This was seconded by Councilwoman Deutsch and so carried. REDUCTION IN ANTICIPATED REVENUES FOR MORRO BAY RECREATION DEPARTMENT. This matter has been resolved with the recent meetings between School District. The School District has agreed'to work in co Recreation Department in providing recreational services for t Consequently, the anticipated reduction in revenues will not o CONSENT CALENDAR Further extension of CTS contract for operation of the Dial -A -Ride System. Proposed support of SB 735, Coastal Conservancy: Urban Waterfront Restoration. Resolution establishing October 7, 1981 as. National Guard Day. Resolution approving assignment of Lease Sites 17, 17 North and Mooring Zone A14 from John J. Kirth and Gisela G. Kirth to Morro Bay Marina. Approval of settlement agreement with George Prier. Amendments and additions to classification plan. Approval of a City deferred compensation plan. Designation of a representative and alternate to CCCJPA Executive Board. Approval of grant anticipation note program for Wastewater Treatment Plant Outfall. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 14, 1981 Page Six D-10'Approval of SLO County Law Enforcement Interagency Agreement for drug task force. D-11 Resolution rejecting bids on pick-up truck for the Fire Department. D-12 Approval of August expenditure report for the Chamber of Commerce. D-13 Approval of lease agreements with U.S. Coast Guard. Mr. Napper read the Consent Calendar to the Council and members of the public present. Item D-4. Councilwoman Deutsch asked if this lease had been reviewed by the lease management company. Miss Murray stated that Mr. Wallace had reviewed this lease and everything is in order. Item D-10. Councilman Anderson asked if there would be any increase in the amount budgeted for this year on this contract. Chief Olson stated that the contract is for four years and would not increase beyond what is budgeted for the first year. However, there could be increases in future years but the City does have the option of cancelling the contract with a 90 day notice. Item D-9. Concerned with the federal government not fulfilling their promise to pay monies on the EPA grant, Bob Lane asked that this be addressed. Mr. Sibbach stated that the City has a written promise that EPA will pay 873�% toward the outfall. MOTION: Councilwoman Ward moved for the approval of the Consent Calendar. This was seconded by Councilman Anderson and carried unanimously. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CALIFORNIA MENS COLONY. Mayor Dorn had seen an advertisement in the paper regarding the Environmental Impact Report for reactivation of CMC and felt that the city should make an appropriate response. MOTION: Mayor Dorn moved that the staff make an appropriate response to the CMC EIR. This was,seconded by Mayor Pro-Tem Lemons and so carried. E-2 FEE SCHEDULE STUDY. Staff has contracted with the firm of Schmidt and Burt, financial consultants, in the amount of $3,000 to perform a fee schedule study for the City. The Finance Director is submitting the contract for approval by Council. MOTION: Mayor Pro-Tem Lemons moved that Council,approve the. contract with Schmidt and Burt, financial consultants in the amount of $3,000 to perform a fee schedule study for the City., This. was seconded by Mayor Dorn and so carried. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 14, 1981 Page Seven E-3 EXECUTIVE SESSION The City Attorney requested an executive session to discuss the CMC lawsuit and the Tidelands Settlement Suit. The meeting was adjourned to executive session at 10:55 PM and reconvened at 11:08 PM. MOTION: Mayor Dorn moved that the meeting be adjourned. This was seconded by Mayor Pro-Tem Lemons and so carried. The meeting was adjourned at 11:08 PM. Respectfully submitted, PAUL BAXTER, CITY CLERK by Bonita Murray, De uty ity Clerk MO RRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 24, 1981 RECREATION HALL, 7:30 PM Mayor Pro-Tem Lemons called the meeting to order at 7:30 PM. Horace Strong, representing all veterans in the area, led the pledge of allegiance and Rev. Del Blanks of the Christian Life Center, gave the invocation. ROLL CALL PRESENT:, Rodger Anderson, Councilman (present during a portion of the meeting) Dorotha Deutsch, Councilwoman John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman ABSENT: Warren M. Dorn, Mayor STAFF: Paul Baxter, City Administrator John Bressan, Public Services Director Murrel Crump, Community Development Director Gary Napper, Administrative Assistant Al Olson, Police Chief Gere Sibbach, Finance Director Bonita Murray, Deputy City Clerk D-5 RESOLUTION COMMENDING BETTY J. MADRUGA FOR HER SERVICES UPON RETIREMENT. This item is being taken out of order according to Mr. Baxter and staff would recommend approval of this resolution. MOTION: Mayor Pro-Tem Lemons moved for the approval of Resolution 82-81 commending Betty J. Madruga for her services to the City of Morro Bay upon retire- ment. This was seconded by Councilwoman Deutsch and so carried. Chief Olson read the resolution to everyone present and presented the plaque to Betty Madruga. The City Administrator informed Council that Mayor Dorn and Attorney LeSage would be unable to attend the meeting and have asked to be excused by the Council. Councilman Anderson will be attending only a portion of the meeting due to his recent accident. Council noted their approval of these absences. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 REQUEST FROM MORRO BAY GARBAGE COMPANY FOR AN INTERIM RATE INCREASE Staff is still discussing this matter with the garbage company representatives and the matter is being continued to the September 14 meeting for a complete report at that time. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 24, 1981 Page Two A-2 AN ORDINANCE AMENDING PORTIONS OF CHAPTER 8.16 OF THE M CODE, REFUSE ORDINANCE FOR MANDATORY COLLECTION. This proposed ordinance contains provisions for having a mandatory garbage service which is integrated with the City's water billing system, provides for pick-up on other than weekdays, would allow for hardship cases to be resolved by the City in the event the applicant is not capable of handling their own garbage, would permit a local resident to utilize wet garbage for compost purposes, would still require that all persons who prescribe to water service would have to have a minimum garbage service and lastly, would allow for the establishment of a franchise board appointed by Council to review collection services and complaints and any other tasks as designated by Council. Staff would recommend that, subject to any amendments, the ordinance be introduced by title and number only and adopt it in its amended form for its first reading. The meeting was opened for public comment. Howard Gaines had a number of concerns regarding this proposed ordinance which were: (1) Couldn't understand why the garbage company would agree to a formal bidding process wherein they may lose the bid; (2) If there isn't any public bidding, how will the public be protected without competitive bids; (3) The amount of the surety bond was too low and should be raised; (4) Amounts should be designated for the property damage insurance; (5) The Franchise Board should consist of at least five people instead of a minimum of three; (6) Proper handling of the garbage cans themselves should be in the contract/ordinance to handle any problems on damages or the company should provide cans themselves; (7) The city should not be obligated for trash receptacles in the Embarcadero area. This responsibility should be borne by the businesses in this area. Wendy Calmes agreed with most of the comments made by Mr. Gaines but felt the city should continue pickups on the Embarcadero and that the issue on the garbage cans was not important. Clarification was sought by Pat Wagner on the distance from the curb that bins and/or trash cans were to be seta Mr. Bressan stated that the cans should be in public view for pickup days only. Mr. Wagner also felt that a five foot limitation should be set for all items picked up by the, garbage company. The public hearing on this ordinance was closed. MOTION: Councilwoman Deutsch moved that Section 8.16.345 of the proposed ordinance be changed to have a minimum of five members instead of three on the Franchise Board. This was seconded by Councilwoman Ward and so carried. MOTION: Councilwoman Deutsch moved that Section 8.16.390 of the proposed ordinance be amended to include a five foot maximum length on any items picked up by the garbage company. This was seconded by Councilwoman Ward and so carried. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 24, 1981 Page Three MOTION: Councilwoman Deutsch moved that Section 8.16.27OF of the proposed ordinance be amended to include property damage insurance of $100,000, $500,000 and $100,000 minimum amounts. This was seconded by Councilwoman Ward and so carried. Mayor Pro-Tem Lemons asked if it was possible to have an option of having the garbage picked up in our backyards. Mr. Sibbach stated that this was currently impossible because of the billing capabilities of the computer. MOTION: Councilwoman Deutsch moved that this Refuse Ordinance be read by only. This was seconded by Councilwoman Ward and so carried. Mr. Baxter read this ordinance by'title only*- "An Ordinance Amending Portions of Chapter 8.16 of the Morro Bay Municipal Code, Refuse Ordinance for Mandatory Collection." MOTION: Councilwoman Deutsch moved that this constitutes the first reading of the Refuse Ordinance. This was seconded by Councilwoman Ward and so carried. A-3 13.04.310 AND SECTION 13.04.200-E OF THE When Council made changes in fees for utility services as they related to water service, no provision was made at that time by staff to revise the ordinance applicable to the matter so that the ordinance would be in conformance to current Council policy. At this time staff is bringing the ordinance to Council in a revised form to reflect current Council policy on restoration and reconnection charges as well as payment of bills. All references to both of these matters shall be to a resolution and will no longer be in the ordinance so that in the event that Council policy changes at a future date that the ordinance will not have to be amended again. The meeting was opened for public comments. Since there were no comments, the hearing was closed. MOTION: Councilwoman Deutsch moved that this ordinance be read by title only. This was seconded by Councilwoman Ward and so carried. Mr. Baxter read this ordinance by title only - "An Ordinance Amending Section 13.04.310 and Section 13.04.200-E of the Morro Bay Municipal Code." MOTION: Councilwoman Deutsch moved that this constitutes the first reading of this ordinance. This was seconded by Councilwoman Ward and so carried by roll call vote. A-4 REQUEST -FOR ABANDONMENT OF PAULA AVENUE EXTENSION -BETWEEN JUNIPER AND KOA At their meeting of August 10, 1981, the Council discussed the request of Mr. and Mrs. Buss regarding the abandonment of Paula Avenue. At that time Council felt there was merit in the proposal and asked that the Director of Public Services • 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 24, 1981 Page Four schedule the matter for a public hearing so that formal action could be taken on the matter. The meeting was opened for public comment. The results of this request will determine where they decide to build their home according to Mr. Buss. Mr. Baxter stated that the formal procedure would require that the matter be referred to the Planning Commission for a report on its consistency with the General Plan. MOTION: Mayor Pro-Tem Lemons moved that this matter be forwarded to the Planning Commission for a recommendation to be brought back in 40 days and that this public hearing be continued until that time. This was seconded by Councilwoman Ward and so carried. A-5 CASE NO. CUP 05- DATION TO THE CITY COUNCIL (Councilman Anderson arrived at the meeting at this time.) Mr. Crump went over the background of this case, the zoning ordinance procedures, and the cronology of the Commission Hearing. The EIR has already been completed on this project and the Planning Commission gave it a negative declaration. The meeting was opened for public comment. Tourists like to stop on Morro Avenue to see the view of the ocean and Dorothy Lions did not feel that the proposed project should block the view from Anchor Street to South Street. Since the project will possibly house 100 people, Roy Fast was concerned that a new EIR was not required by the Planning Commission. He was also concerned with the following: (1) It is going to be harder for emergency personnel and fire prevention methods to be initiated with this proposed hotel; (2) A see -through or view corridor should be included: in the plans so the view is not totally obstructed; (3) The city may use Ahchor Street as another access to,the Embarcadero and this project would prevent this use. ' Don West, representing the applicant:Harold,B,iaggini,,stated that the -building, is a suitable function for the area and would 'be arr asset to the City. The proposed.building conforms to all building and zoning ordinances of the.city.. This proposed project has been considered by the Planning Commission and the Council previously and it received'a negative declaration at that time. Stating that people would like more access to the beach area, Wendy Calmes felt that the area needs more hotels. Hotels are a number one priority for water equivalency according to the LCP and Coastal Commission stated Jim Ross. He suggested that parking be on the roof. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 24, 1981 Page Five Al Bassel was also concerned that an EIR should be required for this project. MOTION: Councilwoman Deutsch moved that the public hearing on CASE No. CUP 05-81 be closed. This was seconded by Councilwoman Ward and so carried. MOTION: Councilwoman Deutsch moved that this, project be required to file a new EIR since other property owners in the area are held to this stipulation. There was no second to this motion and it, therefore, died. Mr. Crump went over the requirements for requiring a new EIR to be made on this project. New information must be submitted to warrant this to be completed. There is no objection from the City departments on this proposed hotel. MOTION: Councilwoman Deutsch moved that this proposed hotel not be approved conceptually. There was no second to this motion and it, therefore, died. Councilman Anderson felt thatif this project was within all the zoning and planning requirements that he would feel obligated to approve it even if he did not personally agree with it. MOTION: Councilwoman Ward moved that the resolution submitted by the Planning Commission be approved. This was seconded by Councilman Anderson and so carried. MOTION: Mayor Pro-Tem Lemons moved that a substitute motion be approved wherein a study be completed and submitted showing whether or not a view corridor could be provided and.resubmit this to Council for approval. This was seconded by Councilwoman Deutsch and carried with Council- woman Ward voting no. MOTION: Mayor Pro-Tem Lemons moved that this matter be continued until the completion of this study for potential view corridor. This was seconded by Councilwoman Deutsch and carried with a majority vote with Council- woman Ward voting no. B-4 FURTHER CONSIDERATION OF HITTLE'S LANDING REQUEST FOR RELIEF OF HARDSHIP Staff has met with representatives of both Hittle's Landing and Morro Bay Yacht Club to discuss the alternatives available to solve the hardship request of Hittle's Landing. 'Staff is recommending Option One be approved as it is accept- able to all parties concerned. Option One is to allow Hittle's the construction of a 45 foot dock perpendicular to the shoreline, that his operation be confined to the lease site as amended by Council and require the Yacht Club to raft boats no wider than two abreast except in extreme emergencies. Councilwoman Ward stated that at a recent workshop she attended it was mentioned that a variance of a lease must be tied to the property and not the lessee such as is proposed in this case. She also felt that it was not the City's responsibility to provide a means -of servicing or solving an individual business' problem. This lease site has -not shrunk or grown since Dr. Hittle acquired it. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 24, 1981 Page Six Staff has spent a lot of time on this matter according to Councilman Anderson and he felt that the city was overstepping its authority in this matter. Councilwoman Deutsch felt that it was the City's responsibility to help everyone in the City. There was a general discussion on this matter. MOTION: Councilwoman Deutsch moved for the approval of Option One as staff had recommended. There was no second to this motion and it, therefore, died. MOTION: Mayor Pro-Tem Lemons moved for the approval of Option 2. This was seconded by Councilwoman Deutsch and on roll call vote failed (Deutsch - yes; Anderson - no; Lemons - yes; Ward - no). Councilwoman Ward felt that it would behoove Dr. Hittle to further discuss with staff another lease site that would adequately fit his needs. A recess was called at 10:05 PM at which time Councilman Anderson departed from the meeting. The meeting was reconvened at 10:10 PM. A-6 CASE NO. CUP_08-81, PLANNING COMMISSION RECOMMENDATION TO THE CITY Councilwoman Ward asked that this item be pulled from the agenda and rescheduled for the September 14 meeting. This was agreeable to all present. A-7 CASE NO. TENTATIVE PARCEL -MAP MB 81-128 AND VAR 12-81, APPEAL OF A PLANNING Staff has received a request from Mr. Halas to have this matter continued to our September 14 meeting. MOTION: Councilwoman Deutsch moved that Agenda Items A-6 and A-7 be continued public hearings and rescheduled for the September 14 meeting. This was seconded by Councilwoman Ward and so carried. B. UNFINISHED'BUSINESS B-1 ORDINANCE AMENDING ORDINANCE 100 AND CHAPTER 17.48 OF THE MORRO BAY This ordinance was initially adopted by Council at their meeting of August 10 and relates to the regulation of pinball machines and arcades in the City of Morro Bay. 'It is being submitted to Council for a second reading. MOTION: Councilwoman Deutsch moved that Ordinance 212 be read by title and number only. This was seconded by Councilwoman Ward and so carried. Mr. Chapterr17.48rofntheeMorrobBaytitle Municipal Code,Ordinance Amending Ordinance 100 141NUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 24, 1981 Page Seven MOTION: Councilwoman Deutsch moved for the approval of Ordinance 212 on second reading. This was seconded by Councilwoman Ward and unanimously carried by roll call vote. B-2 ORDINANCE NO. 210, AN ORDINANCE ADDING CHAPTER 9.28 TO THE MORRO BAY MUNICI This ordinance was introduced on first reading at the meeting of August 10 and relates to the regulation of noise and disturbances in the City as requested by the Police Department. This is being submitted to Council for a second reading. MOTION: Councilwoman Ward moved that Ordinance No. 210 be read by title and number only. This was seconded by Councilwoman Deutsch and so carried. Mr. Baxter read Ordinance No. 210 by title only - "An Ordinance Adding Chapter 9.28 to the Morro Bay Municipal Code." MOTION: Councilwoman Deutsch moved that this constitutes the second reading of Ordinance 210 and that it be approved. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. B-3 ORDINANCE NO. 21 ING CHAPTER 10.52 TO This ordinance is being brought back to Council for second reading. It relates to the regulation of bicycles owned by residents of the City of Morro Bay. MOTION: Councilwoman Ward moved that Ordinance 211 be read by title and number only. This was seconded by Councilwoman Deutsch and so carried. Mr. Baxter read Ordinance No. 211 by title only - "An Ordinance Adding Chapter 10.52 to the Morro Bay Municipal Code." MOTION: Councilwoman Ward moved that this constitutes the second reading of Ordinance 211. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. C. NEW BUSINESS C-1 REQUEST BY U.S: COAST GUARD FOR THE CITY OF MORRO BAY TO MAKE CERTAI Recently the Coast Guard assigned a second large vessel to Morro Bay as part of their Coastal survelliance program. The ship has been berthed at the north city T-Pier and the Coast Guard is requesting that certain additional improvements be made to the Pier so that the ship can be adequately wharfed there. Staff is estimating that such improvements will cost approximately $5,000. The Coast Guard is willing to renegotiate their annual lease to allow the City to recoup the construction costs over a five year period. MINUTES - MORRO REGULAR MEETING Page Eight BAY CITY COUNCIL - AUGUST 24, 1981 MOTION: Mayor Pro-Tem Lemons moved that staff be authorized to go out to bid for certain improvements to the North City T-Pier and that a contract be renegotiated with the Coast Guard. This was seconded by Councilwoman Deutsch and so carried. Councilwoman Ward asked about the "Mr. Clean" boat that is currently docked in Morro Bay. Jim Funk, Harbor Master, stated that the boat is owned by Standard Oil and is used to clean up small oil spills. C-2 IVE DRRO BAY AS A STUDY AR Earlier this month the Department'of Water Resources has discussed a water system which would be utilized in the Morro Bay area and if installed such system could allow for percolation of additional water into the water basins that the City depends upon. The name of the.program is called Keyline Systems and has been effectively used in Australia. The first phase of the program would involve a feasibility study working with DWR. The cost of such study to the City would be $10,000-$12,000. The 1981-82 budget has funds set aside for recharge basins and staff feels that the intent of the recharge basin would be met by the Keyline System. Mr. Bressan gave an overview of the Keyline System. Grace Melton, a member of the Water Advisory Committee, quoted Jack Surfluh stating "this is a very definite step forward in what we are trying to accomplish and urged the Council to make room for positive thoughts and have a starting point for helping solve some of our problems." Mrs. Melton urged the Council to invite the DWR to assist us in this study. Another member of the Water Advisory Committee, R. V. Kitzman, felt very strongly about this study. It is a simple method that looks as though it would be a positive step in .the overall water management of what we have here in Morro Bay. The Water Advisory Board voted unanimously in favor of this study. MOTION: Councilwoman Ward moved to authorize staff to enter into negotiations with DWR for the purpose of providing a feasibility study for the Morro Bay area regarding the Keyline System and that funds in the Public Services Department be earmarked for this study. This was seconded by Councilwoman Deutsch and so carried. D. CONSENT'CALENDAR D-1 Approval of expenditure report for July, 1981. D-2 Award of Bid No. PS-81-231 for Water Works Material. D-3 Award of Bid No. PS-81-232 for 3/4 ton fleetside four-wheel drive pickup. D-4 Approval of Revised Handicap Joint Powers Agreement. D-5 Resolution commending Betty J. Madruga for her services upon retiremen from the City of Morro Bay. (handled earlier in the meeting) D-6 Receipt of correspondence from Cayucos Sanitary District regarding Wastewater Treatment Plant capacity. D-7 Approval of City Council minutes from June 22, July 13 and August 10, 1981 meetings. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 24, 1981 Page Nine Mr. Baxter read the Consent Calendar to the Council and members of the public present. MOTION: Councilwoman Ward moved for the approval of the Consent Calendar. This was seconded by Mayor Pro-Tem Lemons and so carried. E. INDIUIDUAL DETERMINATION'AND/OR ACTION E-1 CHIEF BUILDING INSPECTOR POSITION Mr. Baxter stated that he had requested a classification study be performed regarding the Building Inspector position in the City. The primary findings of the report are that the current Building Inspector functions in a much higher capacity than the normal building inspector position. Mr. Napper is recommending that because of the additional duties and since Mr. George's salary currently reflects a higher level of position than is currently entitled that the position for Mr. George be changed from Building Inspector of Chief Building Inspector at the same salary range and placing him in the mid -management classification. MOTION: Mayor Pro-Tem Lemons moved that Council adopt the classification study on the building inspector position and adopt the recommendations thus changing the title to Chief Building Inspector. This was seconded by Councilwoman Ward and so carried. E-2 LCP HEARINGS IN SAN FRANCISCO. The City's LCP will be heard before the Coastal Commission at a meeting scheduled for September 3 at 10:00 AM in San Francisco. Staff has retained the services of Ray Biering to help staff with the LCP process. Two representatives from Council should be sleected to participate in this process. Councilwoman Ward and Mayor Pro-Tem Lemons both volunteered to help with the LCP process. E-3 MORRO BAY GOLF -COURSE Senator Mello has arranged a meeting with the Parks & Recreation Department to discuss the Morro Bay Golf Course on August 26. Staff would like a representative from Council appointed to attend this meeting. Mayor Pro-Tem Lemons was selected to represent the Council. E-4 SIX BOAT SLIPS Staff has received verbal approval from the Corps of Engineers on the six boat slips and staff would like Council to authorize them to go out to bid for this project pending written verification. MOTION: Councilwoman Ward moved to authorize staff to go out to bid on the six boat slips pending written verification from the Corps of Engineers. This was seconded by Councilwoman Deutsch and so carried. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 24, 1981 Page Ten An executive session was requested by Mr. Baxter to discuss (1) meet and confer, (2) George Prier condemnation suit, (3) Tidelands, and (4) LCP consultant. The meeting was adjourned into executive session at 10:40 PM. The meeting was reconvened at 11:05 PM. A resolution relating to the classification, compensation, and terms of employ- ment of firefighter employees was read to everyone present by Mr. Baxter. A copy of this resolution was given to Jerry Parker, President of Local 1855. The following members of the Fire Department spoke on behalf of their unit in regards to negotiation of a contract: Jerry Parker, Jeff Jones, Paul Deis, Jonelle Parker, Greg Dillman, Ron Mock, Stan Thomas. The meeting was adjourned to executive session at 11:50 PM. The meeting was reconvened -at 12:08 AM. Mr. Baxter stated that the Council had discussed meet and confer in their executive session. Staff has prepared a small cities survey for salaries that will be submitted for the record. Staff feels. that there are two options available to Council: (1) Council can approve that last agreement submitted to the Firefighters, if it is approved by the firefighters; or (2) Council can adopt the resolution read earlier giving a unilateral 6.5% raise for a one year period. Neither option will be made at this meeting but will be put on the agenda for the September-14 meeting. The Council requested that the Firefighters Local 1855 notify either Mr. Baxter or Mr. Napper prior to the meeting on September 14 whether or not they are willing to accept the last agreement proposed to them. If this is not acceptable, Council will make a decision at the September 14 meeting on.this matter. MOTION: Councilwoman Ward moved for the adjournment of the meeting. This was seconded by Councilwoman Deutsch and so carried. The meeting was adjourned at 12:12 AM. Respectfully submitted, PAUL BAXTER, CITY CLERK by Bonita Murray,.Deput City Clerk MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 10, 1981 RECREATION HALL - 7:30 PM Call to Order Invocation Pledge of Allegiance - Horace Strong, representing all veterans Public Comments A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 Request by Pacific Shellfish Co. for change in permitted uses. A-2 Request by Virg's Fish'n, Inc. for change in permitted uses. A-3 Request for transfer of leases from J. Kirth to Morro Bay Marina. A-4 Request for clarification on allowable uses by,Jim Maul - Lease Site 10. A-5 Case No. ZOA 02-81, consideration of amendment of Municipal Code Title 17 (zoning ordinance) concerning the regulation of electronic amusement and pinball arcades. A-6 Ordinance No. 210, prohibited conduct ordinance. A-7 Ordinance No. 211, bicycle ordinance. B. UNFINISHED BUSINESS B-1 Further consideration of Hittle's Landing request for relief of hardship. B-2 Proposed closure of South Street between Main and Monterey Streets. B-3 Fee schedule study for city departments. B-4 Approval of Sonic Cable TV franchise agreement. B-5 Ordinance No. 208, an ordinance amending Section 11 of Ordinance 100 and Section 17.40.030 of, -the Morro Bay Municipal- Code - Case No. ZOA 03-81. Second reading. B-6 Ordinance No. 209, an ordinance amending Sectio5103.2 of Ordinance 65 pursuant to the^provisions of Chapter 17.64 of, , the Morro Bay Municipal Code, Case No: CZ O1-81. Second reading-. C. NEW BUSINESS C-1 Authorization to execute contract for professional services, related to housing element update. C-2 Consideration of request for abandonment of a portion of Paula Avenue. C-3 Presentation of preliminary draft refuse ordinance for mandatory collection. C-4 Resolution authorizing the Director of Public Services to file an application for FmHA Grant/Loan funding for water improvements. C-5 Salary and benefit considerations for firefighters. C-6 Resolution authorizing the Director of Public Services to file an application for safe drinking water grant/loan funding. D. CONSENT CALENDAR D-1 Resolution authorizing city officials to have access to safe deposit box. D-2 Resolution urging California State Legislature to increase associated transportation revenues. D-3 Approval of lease agreement for Fire Station N2. D-4 Approval of city and county emergency plan. D-5 Approval of deferred compensation plan. 6 2- D-6 Award of Bid No. 81-215, water works material. D-7 Request from. Ron Hurlbert regarding Morro -Bay condominium conversion ordinance. ' ' E. INDIVIDUAL DETERMINATION'AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MORRO BAY CITY COUNCIL REGULAR MEETING AUGUST RECREATION HALL, 7:30 PM The meeting was called to order at 7:30 PM by Mayor Warren M. Dorn of Allegiance was led by Horace Strong, representing all veterans invocation was given by Father Speetzen of St. Timothy's Church. Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman Paul Baxter, City Administrator Michael T. LeSage, City Attorney ' John Bressan, Director of Public Services Murrel Crump, Community Development Director Gary Napper, Administrative Assistant Al Olson, Police Chief Gere Sibbach, Finance Director Bernie'Zerr, Fire Chief . . The Pledge and the Mr. Baxter stated,tha,t there are three items which have been pulled from this agenda and are: B-1 (Further consideration of Hittle's Landing request for relief of hardship), C-5 (Salary and benefit considerations for firefighters), and D-5 (Approval of deferred compensation plan). PUBLIC HEARINGS, REPORTS & APPEARANCES The change in use by Pacific Shellfish as well as Virg's Fish'n, Inc. were referred to the Planning Commission for their deliberation. The Commission reviewed the requests.. and did not find the proposed changes to be in conflict with the commercial activities along the Embarcadero. Mr. Baxter felt that the question of uses and business relationship would be most appropriately reviewed by the City's property consultant, California -West, pending Council's approval. Shellfish Co. was complimented by Mayor Pro-Tem Lemons for their proposed using salt water instead of fresh water to wash down the wharf. The request to sell cigarettes, soda pop, candy and pre -packaged sandwiches by Virg's Fish'n, Inc. was submitted when they found that these uses were not included in their permitted uses even though this has been done over the past 27 years. Councilwoman Deutsch moved that California -West review and make recommendations on the requests for a change in permitted uses by Virg's Fish'n, Inc. and Pacific Shellfish Co. This was seconded by Mayor Dorn and carried unanimously by roll call vote. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 10, 1981 Page Two A-3 REQUEST FOR TRANSFER OF LEASES FROM J. KIRTH TO MORRO BAY MARINA. Council has been requested to transfer three leases from the current operator, J. Kirth, to a new operator known as Morro Bay Marina. The new lessee proposes to assume all obligations of the leases including payment of rent in a timely manner. No change in use is being requested. Staff would recommend approval of the assignement of lease sites 17, 17 north and Mooring Zone A-1-4 to Morro Bay Marina. MOTION: Mayor Pro-Tem Lemons moved that a transfer of lease sites 17, 17 north and Mooring Zone A-1-4 be approved from J. Kirth to Morro Bay Marina pending a verification by staff that the account is current. This was seconded by Mayor Dorn and carried unanimously by roll call vote. A-4 REQUEST FOR CLARIFICATION ON ALLOWABLE USES BY JIM MAUL - LEASE SITE 10. The Planning Commission has reviewed the request of Jim Maul to change the permitted wording of allowable uses i6 his lease agreement from "professional" to "other office uses." Staff'wouid recommend approval of this change in wording in Mr. Maul's lease agreement. MOTION: Councilwoman Deutsch moved that the permitted uses in Lease Site 10, Jim Maul, be changed to delete the word "professional" and insert the words "other office uses." This was seconded by Mayor Dorn and carried unanimously by roll call vote. A-5 CASE NO. ZOA 02-81, CONSIDERATION OF AMENDMENT OF MUNICIPAL CODE T On April 13, 1981 the_City Council adopted a resolution of intent to amend the zoning ordinance regarding regulation of electronic amusement and pinball arcades in Morro Bay and referred the matter to the Planning Commission for them to review the proposal and hold public hearings regarding changes in the zoning ordinance. It was Council's intent that the subject activity should be stringently regulated and only be an incidental part of any business in a PD zone. The Planning Commission approved a resolution which would recommend a special use permit for arcades and which is substantially different from that which was referred to them by Council. The Planning Director, Police Chief and Recreation Director all feel that the Council's first intent should be upheld. Therefore, there are two ordinances for Council's review and approval on this subject depending on their direction. The meeting was opened for public comment. Speaking in favor of electronic arcades, Bob Lawrence, felt that there was not much for the youth to do in this area and this would be a healthy outlet for them. He asked that the Council not prejudge this request based on the crime rates/experiences of other communities and that this community be judged individually. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 10, 1981 Page Three Al Paul, Planning Commissioner, mentioned that the feelings of the majority of the Commissioners was that an arcade properly supervised would not be a detriment to the community, would stimulate employment, and would be an area of enjoyment. The criteria for adequate supervision could be outlined in the use permit. It was asked by Councilman Anderson why the Planning Commission took a view opposing the Community Development Director and Police Chief. Mr.Paul stated that the views were that proper controls would not make this detrimental to the community. Councilwoman Deutsch felt that it wasn't necessary to have an ordinance to preclude this type operation until an application has been received. She felt that every business should apply on an individual basis and considered as such. Councilwoman Deutsch moved that Council approve the recommendation of the Planning Commission which would allow electronic arcades in_ the City. This was seconded by Mayor Pro-Tem Lemons. Mr. LeSage stated that some cities have a similar ordinance allowing arcades but have a provision for checking the character of the proposed operator. Mayor Pro- Tem Lemons felt that this provision would be necessary and should be a part of the Use Permit. Mayor Dorn moved that a substitute ordinance be enacted whereby the recommendation submitted by the Police Chief, Recreation Director and Community Development Director be approved. This was seconded by Councilman Anderson and carried unanimously by roll call vote. Mayor Dorn moved for the Ordinance to be read by title only and that this constitutes the first.reading. This was seconded by Councilman Anderson and passed on roll call vote with Mayor Pro-Tem Lemons voting no. Mr. Baxter read this ordinance by title only - "An Ordinance Amending Ordinance 100 and Chapter 17.48 of the Morro Bay Municipal Code." ORDINANCE NO. 210, PROHIBITED CONDUCT ORDINANCE. At the July 27._Council_meeting, a draft of_this ordinance was_ submitted for'".rev_i_ew __'and comment. At that time Council -felt that a prohibited conduct ordinance to regulate noise, unlawful conduct, offensive conduct and requirements for live dances would be appropriate to.add to.the Municipal Code. There were minor corrections to Section (i) as noted by Mr. Baxter. Councilwoman Deutsch hoped that the Police Department would use this only under extreme cases and only after the individual/business had been warned.. MINUTES - MORRO BAY CITY. COUNCIL REGULAR MEETING - AUGUST 10, 1981 Page Four MOTION: Councilwoman Deutsch moved that Ordinance No. 210 be read by title only. This was seconded by Mayor Dorn and carried unanimously by roll call vote. Mr. Baxter read Ordinance No. 210 by title only - "An Ordinance Adding Chapter 9.28 to the Morro Bay Municipal Code." MOTION: Councilwoman Ward moved that this constitutes the first reading of Ordinance No. 210. This was seconded by Mayor Dorn and carried unanimously by roll call vote. A-7 ORDINANCE NO. 211, BICYCLE ORDINANCE. The City of Morro Bay does not currently have an ordinance which regulates the operation and use of bicycles in the City limits. The Police Department has prepared such an ordinance for Council's consideration at this time. Chief Olson stated that the provisions of the vehicle code that previously had covered bicycle use no longer applies. Cities have been forced to adopt comprehensive bicycle ordinances to assure the safety of pedestrians, bicyclists and vehicle traffic within the City. There was a.question concerning out of town persons driving,bicycles within the City and not having a city license for their bicycles. The ordinance was changed to indicate that only residents shall be required to license their bicycles. MOTION: Councilman Anderson moved that Ordinance 211 as amended be read by title only. This.was seconded by Mayor Dorn and carried unanimously by roll call vote. Mr. Baxter read Ordinance No. 211 by title only - "An Ordinance Adding Chapter 10.52 to the Morro Bay Municipal Code." MOTION: Councilwoman Ward moved that this constitutes the first reading of Ordinance No. 211. This was seconded by Mayor Dorn and carried unanimously by roll call vote. B. UNFINISHED BUSINESS B-2 PROPOSED CLOSURE OF SOUTH STREET BETWEEN MAIN AND MONTEREY STREETS This item was continued from the Council meeting of July 27 to allow for a further study of the South Street proposal. At that meeting Council made the policy determination that South Street should not be closed. Mr. Baxter stated that it would now seem appropriate for the City to fulfill their obligations regarding construction of curb, gutter and sidewalk and that the issue be closed as a result of City action. Staff recommends that $1,000 be transferred from contingencies to the Public Services Department,to'pay for the materials associated with this project. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 10, 1981 Page Five MOTION: Mayor Pro-Tem Lemons moved that the City fulfill its obligation on the South Street project between Monterey and Main Streets and approve the construction of curbs, gutters and sidewalks. If, at the end of the fiscal year, the Public Services Department needs additional funds as a result of this project, monies will be transferred from contingencies at that time. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. B-3 FEE SCHEDULE STUDY FOR CITY DEPARTMENTS. Staff submitted the additional information that had been requested by Council for them to evaluate the $3,500 appropriation request to hire temporary personnel for the purpose of preparing a comprehensive fee schedule and study that would recoup the actual cost for work performed. Asurvey was conducted by the Community Development Director which revealed that the City would have generated an additional $9,983 in revenue from fees charged in this department since January, 1981. It is reasonable to assume that there are fees charged in other departments which would more than justify the costs of expenditure of funds to evaluate and update the current fee structure. Staff would recommend transfer of $3,500 from contingencies to the Finance Department's budget to'hire contract personnel to research and develop a master fee schedule that will recover actual city costs. Other communities have already updated their fee schedules to recover actual costs and Councilman Anderson asked if their statistics could be used in our case instead of expending the funds for a study. Since the fees charged must be directly associated with the costs of the labor involved under Proposition 4, Mr. Baxter felt that a fee study for our city is necessary. Every city should do this on an individual basis. MOTION: Councilwoman Ward moved that $3,500 be transferred from Contingencies to the Finance Department's budget to hire contract personnel to research and develop a master fee schedule that will recover actual city costs. This was seconded by Councilman Anderson and carried unanimously by roll call vote. B-4 APPROVAL OF SONIC CABLE TV FRANCHISE AGREEMENT. Since there doesn't seem to be a final consensus on the cable TV agreement, Mr. Baxter felt staff needed further direction on this matter. Staff would like to know (1) whether or not Council feels that an agreement would be advisable, and (2) if an agreement would be preferable, whether or not Council feels a rate study would be necessary. Mr. LeSage gave.a brief overview of -the problems to Council for their further consideration. There was a general discussion among the Council and the meeting was opened for public comment. Fred Smith felt it didn't make sense to approve a contract for additional years to the franchise. Pat Neary felt the 15 year extension of the contract was excessive since he felt the service was poor for this area. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 10, 1981 Page Six Speaking on behalf of several citizens, Lila Keiser stated dissatisfaction of higher rates and poor reception. Jim Ross felt that there should be a different rate for residence, apartments, motels, and mobile homes. Mayor Pro-Tem Lemons did not see a difference. Bob Blake felt that the service received from Sonic Cable TV in the past year has tremendously improved. However, with the rapid improvements and changes in the industry, he felt it would be hasty to commit the City to a 15 year contract. MOTION: Mayor Pro-Tem Lemons moved that staff attempt to negotiate an agreement with Sonic Cable TV that disregards a rate study, establishes a reasonable starting rate with a 10 year contract term from the date of signature of the agreement. This was seconded by Mayor Dorn and passed with the following roll call vote: Anderson - yes; Deutsch - no; Dorn - yes; Lemons - yes; Ward - abstain. A brief recess was called at 9:25 PM and the meeting reconvened at 9:35 PM. B-5 ORDINANCE NO. 208, AN ORDINANCE AMENDING SECTION 11 OF ORDINANCE 100 AND no.. This ordinance was orignally submitted to Council at the meeting of July 27 and relates to the placement of modular units in single family zones. MOTION: Councilwoman Deutsch moved that Ordinance No. 208 be read by title only. This was seconded by Mayor Dorn and carried unanimously by roll call vote. Mr. Baxter read Ordinance No. 208 by title only - "An Ordinance Amending Section 11 of Ordinance 100 and Section 17.40.030 of the Morro Bay Municipal Code - Case No. ZOA 03-81." MOTION: Councilwoman Ward moved for the adoption of Ordinance No. 208 on second reading. This was seconded by Mayor Dorn and carried unanimously by roll call vote. B-6 ORDINANCE NO. 209, AN ORDINANCE AMENDING SECTION 5103.2 OF ORD This is a companion ordinance to Ordinance No. 208 and staff recommends approval. MOTION: Mayor Dorn moved that.Ordinance No. 209 be read by title only. This was seconded by Councilman Anderson and so carried. Mr. Baxter read Ordinance No. 209 by title only - "An Ordinance Amending Section 5103.2 of Ordinance 65 Pursuant to the Provisions of Chapter 17.64 of the Morro Bay Municipal Code, Case No. CZ 01-81." MINUTES - MORRO BAY CITY COUNCIL r. REGULAR MEETING - AUGUST 10, 1981 Page Seven MOTION: Councilwoman Ward moved for the adoption of Ordinance 209 on second reading. This was seconded by Mayor Dorn and carried unanimously by roll call vote. C. NEW BUSINESS C-1 AUTHORIZATION TO EXECUTE CONTRACT FOR PROFESSIONAL SERVICES, RELA Following the adoption of the 1981-82 Community Development budget, Mr. Crump sent requests for proposals to consultant firms for professional services to update the City's housing element of the General Plan. The first element for consideration is housing in response to recOnt`•16gislati-ve guideline changes. Staff is recommending the selection of Willdan Associates for preparation of a Housing Element Update in the amount not to exceed $9,850 from the Community Development budget. This amount would almost entirely deplete the general plan funds budgeted for this fiscal year. Mayor Pro-Tem Lemons was concerned that other elements of the General Plan would need to be updated following adoption of the LCP which may have more priority than the Housing Element. Mr. Crump mentioned that if any updates are necessary following the adoption of the LCP, funds will.be available from other sources (SB 90 and the Coastal Commission) to complete those projects. MOTION: Councilwoman Ward moved that Council approve the selection of Willdah Associates for preparation of a Housing Element Update in the amount not to exceed $9,850 from the Community Development Budget. This was seconded by Mayor Dorn and carried unanimously by roll call vote. C-2 CONSIDERATION OF REQUEST FOR ABANDONMENT OF A PORTION OF PAULA AVENUE The Public Services Department reviewed a request for a street abandonment. In the near future, the City would not want to extend Pau.l:a Avenue. However, Mr. Bressan didn't feel it would be a wise decision to abandon a street or right-of-way when maintaining the right-of-way does not impose an undue hardship on the adjacent property owners, and this appears to be the case. Al Buss stated that the.reason he had submitted this request was to decide on a proposed entry to his home which he hopes to -build when the moratorium is lifted. Mayor Pro-Tem Lemons felt that each street abandonment should be considered separately instead of initiating a general rule. MOTION: Mayor Pro-Tem Lemons moved that this proposed abandonment of a portion of Paula Avenue be .set for public hearing. This was seconded by Mayor Dorn and so carried. i MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 10, 1981 Page Eight C-3 PRESENTATION OF PRELIMINARY DRAFT REFUSE ORDINANCE FOR MANDATORY COLLECTION. Mr. Bressan presented a draft which highlights the changes that his department would propose for a refuse ordinance for mandatory collection. After input has been received from the Council, a final document will be introduced. Several points were brought up by Howard Gaines. He felt very strongly in (1) specifying that the City go out to bid for any future garbage services since mandatory collection would significantly change the contract; (2) making certain that the performance bond, liability insurance and property damage insurance were adequate (presently felt that the rates were too low); (3) setting standards for the size of containers and specifying the responsible party to provide said containers; (4) establishing a Franchise Board consisting of six residents who would meet once a month with the mandatory presence of franchisees to answer complaints, and if warranted, recommend to City Council any action that should be taken.. The Franchise Board should also be furnished with audited CPA state- ments every year to enable the Franchise Board to monitor the franchisee's ability to perform; (5) changing Section 8.16.320 to include compost. Pat Wagner, Morro Bay Garbage Company, had several concerns on the wording in the draft ordinance. (1) Section 8.16.130 - suggested that the number "four" should be deleted and multi -family units all be allowed dumpsters if they so desire. (2) Section 9.16.200 (c) - wanted to ascertain that the City would be doing the billing in this situation, which was agreed. (3) Section 8.16.220 - wanted a.clarification on "immediate abutting residential area," which was given by Mr. Bressan. (4) Suggested that a committee be formed comprised of two Council members, staff and the Garbage Company to work the details of a proposed ordinance out. It was the feeling of Council that staff work with the Garbage Company to draft a proposed ordinance for Council's review and then a committee can be formed if necessary. It was felt by Mr. Gaines that the Garbage Company be obligated to pay a minimum of $10,000/year, which would offset the City's charges for dumpsters. This matter will be brought back to Council for a public hearing, according to Mr. Bressan, at the August 24, 1981 meeting. C-4 .RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICES TO FILE AN APPLICATION FOR FmH GR N. LOAN FUNDING FOR WATER IMPROVEMENTS. C-6 RESOLUTION_AUTHORIZING THE DIRECTOR OF PUBLIC SERVICES TO FILE AN APPLICATION One of the funding sources for making improvements to the City's water system is the Farm Home Administration. This is a federally funded agency which works in conjunction with the State Water Programs to allow for improvements to be made to the water systems. As part of the City's application process for outside funding, staff is submitting these two resolutions for approval. MOTION: Mayor Dorn moved for the approval of Agenda Items C-4 and C-6. This was seconded by Councilwoman Deutsch and so carried. r t, MINUTES - MORRO BAY CITYIRUNCIL • REGULAR MEETING - AUGUST 10, 1981 Page Nine Mayor Dorn stated that he had just received a letter from Senator Cranston regarding the use of natural gas in our P. G. & E. Plant. There is more natural gas than.oil and asked that Council go on record within this County that we use natural gas in the power plant. This was agreed to by all Council members present. D. CONSENT CALENDAR D-1 Resolution authorizing city officials to have access to safe deposit box. D-2 Resolution urging California State Legislature to increase associated transportation revenues. D-3 Approval of lease agreement for Fire Station #2. D-4 Approval of city and county emergency plan. D-5 Apgeeval-of-deferred-eempepsat4en-plan. D-6 Award of Bid No. 81-215, water works material. D-7 Request from Ron Hurlbert regarding Morro Bay condominium conversion ordinance. Mr. Baxter read the consent calendar to the Council and members of the public present. Item D-4. Mayor Pro-Tem Lemons asked if this shouldn't be noticed as a public hearing. Chief Zerr stated that the city emergency plan was just an update of the personnel list and mentioned that when the nuclear portion of the county plan on Diablo was to be approved, it would be done at a public hearing. MOTION: Councilwoman Deutsch moved for the approval of the Consent Calendar. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 RESOLUTION REGARDING DEDICATION OF THE WELLS FARGO GAMEFIELD (SENIOR CITIi PAD rnnocC On Thursday, August 13 at 2:00 PM a dedication ceremony will be held to acknowledge the construction and donation of funds for the Wells Fargo Par Course Gamefield for senior citizens. To commemorate this project and the efforts by the Wells Fargo Bank, a resolution has been prepared for Council's approval. MOTION: Councilwoman Deutsch moved for the approval of Resolution No. 78-81. This was seconded by Councilwoman Ward and so carried. E-2 CORRESPONDENCE FROM MORRO BAY GARBAGE SERVICE. A letter has been received from Mr. Wagner of Morro Bay Garbage Company regarding recent action by the Board of Supervisors to raise rates at the Los Osos Landfill. They are requesting adjustments in rates as a result of the increase in landfill rates. Staff has contacted Mr. Wagner and have requested that he submit a specific proposal and at that time staff would be able to review it and schedule it for a public hearing. MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - AUGUST 10, 1981 S Page Ten MOTION: Mayor Pro-Tem Lemons moved that Mr. Wagner's request be referred to staff for their review and discussions with the garbage company. This was seconded by Councilwoman Ward and so carried. E-3 PROPOSED SUPPORT OF SB 735 (MELLO). Mayor Dorn mentioned that Senator Mello has a bill regarding waterfront restoration which would provide funds for improvements along waterfronts which our city would qualify. He felt that Council should go on record in support of this bill. It was felt by the members of Council that we support this bill in concept but they would like to see a copy of the bill before final endorsement is given. The meeting was adjourned to executive session at 11:13 PM to discuss Meet and Confer with the Firefighters Association and the Ralph Peters case. The meeting was reconvened at 11:35 PM. The City Administrator discussed current status of negotiations with the City's firefighters.As a result of discussions held in executive session, staff recommends that Council direct the City's labor negotiator to request mediation services from the State of California Concilliation Board. This was agreed to by all Council members present. MOTION: Councilwoman Ward moved for adjournment of.the meeting. This was seconded by Mayor Dorn and so carried. The meeting was adjourned at 11:40 PM. Respectfully submitted, PAUL BAXTER, CITY CLERK by Bonita Murray, Deput City Clerk MORRO BAY CITY COUNCIL ADJOURNED MEETING - JULY 28, 1981 City Hall Conference Room - 5:00 PM Mayor Dorn called the adjourned meeting to order at 5:07 PM. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman Warren Dorn, Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman STAFF: Paul Baxter, City Administrator Michael LeSage, City Attorney John Bressan, Public Services Director Murrel Crump, Community Development Director Gary Napper, Administrative Assistant Al Olson, Police Chief Gere Sibbach, Finance Director Bernie Zerr, Fire Chief Bonita Murray, Deputy City Clerk C-11 BOARD OF APPEALS (FIRE CODE A list of names as suggestions for the Board of Appeals had been inadvertantly left out of the packet. The suggested names are: Dan Reddell, Glen Haislip, Al Paul, Don Opperman, and Dave Flaherty. This Board would hear the appeal submitted by the Meyers. Mayor Pro-Tem Lemons asked if there would be a conflict of interest since two of the proposed members of the Board are Planning Commissioners. Mr. LeSage stated that the law says you cannot predecide a hearing of what the decision is to be. If they, as members of the Planning Commission, did not decide on the decision, they can be members of the Board of Appeals. MOTION: Councilwoman Deutsch moved that the following members be named to the Board of Appeals according to the Fire Code: Dan Reddell, Glen Haislip, Al Paul, Don Opperman, and Dave Flaherty. This was seconded by Mayor Pro-Tem Lemons and so carried. INDIVIDUAL DETERMINATION AND/OR ACTION. E-1 STIPULATION FOR ENTRY OF JUDGEMENT - MORRO BAY KINGSWAY This stipulation has been signed by the plantiff and Mr. Sibbach stated that they have brought in a check of the first installment plus the current amount due. MOTION: Councilwoman Deutsch moved that Council adopt the Stipulation for Entry of Judgements in the Morro Bay Kingsway case and that the judgement has a penalty clause, that the full amount should be paid in full within four months, and that the Mayor is authorized to sign on behalf of the City. This was seconded by Mayor Pro-Tem Lemons and so carried. MINUTES - MORRO BAY CITY COUNCIL ADJOURNED MEETING - JULY 28, 1981 Page Two E-2 REQUEST TO CONTRACT FOR APPRAISAL SERVICES REGARDING ROTARY PARK PROJECT. To facilitate the trade involved for properties with the Morro Bay Rotary Project it will be necessary to retain the services of an appraiser and determine the value of the parcel involved. Mr. Baxter suggested that Council authorize him to negotiate with an appraiser, Warren Reeder. Councilman Anderson and Councilwoman Ward both felt that this project was to be at no cost to the City. Council suggested that Mr. Baxter contact the Rotary Club to talk to Mr. Ogle regarding donation of this property to the City. Council authorized Mr. Baxter to negotiate for the appraisal of the city -owned parcel by the school district in preparation of sale of that parcel. E-3 REQUEST TO APPROPRIATE $500 FROM CONTING CES REGARDING In the event that the City will require legal services to prepare for and utilize as part of the LCP review process before the State Coastal Commission, staff is requesting that Council authorize the transfer of $500 from contingencies to the City Administrator's budget to pay for such legal services. MOTION: Mayor Pro-Tem Lemons moved that Council authorize the transfer of $500 to the City Administrator's budget from contingencies for the purpose of obtaining legal services for the LCP process. This was seconded by Councilwoman Deutsch and so carried. E-4 USE PERMIT FOR ROBERT L.ILLEY. Council approved a home occupation permit for Mr. Robert Lilley to breed snakes and other reptiles in 1980. Recently Mr. Lilley was arrested and charged with violation of certain Postal Acts as well as violation of the endangered species act. Given these allegiations, it would be appropriate to review the use permit granted to Mr. Lilley and also discuss whether or not it would be appropriate to suspend the use permit until at such time as the allegiations have been approved or disapproved. Mr. LeSage stated that it was his understanding that unless it is a violation of the law, you cannot take away a permit. MOTION: Mayor Pro-Tem Lemons moved that the matter of Mr. Lilley's permit be reviewed by the Planning Commission in light of his recent alleged violations. This was seconded by Councilman Anderson and so carried. E-5 PROGRESSIVE WATER RATE. At the request of the City Council, Mr. Bressan prepared a progressive water rate for their review. He gave a brief report on the options he outlined in his report - a progressive and an incremental rate for comparison - and the user profiles. He suggested that the incremental method is a water conservation method. MINUTES - MORRO BAY CITY COUNCIL ADJOURNED MEETING - JULY 28, 1981 Page Three There was a general discussion by the Council on this matter. It was requested that Mr. Bressan continue developing and refining the information on the water rate and bring it back to Council in a month at a public hearing and set rates for the 1982-83 fiscal year. E-6 JIM MAUL LEASE SITE. Staff received a letter from Mr. Maul requesting an interpretation of his lease uses. He would like to rent office space to an individual who does telephone sales calls. The Council referred this matter to the Planning Commission for their recommendation. E-7 MORRO BAY GOLF COURSE Mr. Baxter stated that he had contacted Mr. Stilwell of the County. Mr. Stilwell informed him that a meeting will be held Friday, July 31, between the County and the State regarding the Morro Bay Golf Course. The County indicated a willingness to have the City take over the management of the Golf Course if certain County requirements could be met by the State. Mayor Dorn mentioned that he had talked to the people at the State level. He felt that the money from.the course should be used on the golf course to fix it up and add another nine -hole executive course. MOTION: Mayor Dorn moved that, if appropriate, John Bressan, John Lemons, Herminia Ward and Paul Baxter attend the meeting on Friday between the State of California, San Luis Obispo County on the Morro Bay Golf Course. This was seconded by Councilman Anderson and so carried. E-8 SANDSPIT The City has received a letter from the Parks & Recreation Department on the Sandspit. They will accept the City property as we give it to them and they will attempt to purchase the rest of the privately held parcels on this. Mr. Baxter asked Council for their comments on this proposal. Councilwoman Ward mentioned that she would not,be in -favor of -giving away City property to the State unless we get something in return. Mayor Dorn felt that this property should not be transferred at this time., Mr. LeSage mentioned that Council could make a contract offer to transfer this property when the State acquires the ..private,parcel's on the condition that it, remain in public domain for recreation purposes. It was a general consensus that a letter would be sent by Mr. LeSage on Counci.l'.s intent as he suggested. E-9 MEN'S COLONY The City is currently involved in a lawsuit against the Men's Colony, which will be filed soon. The Men's Colony is currently drilling test wells and Mr. LeSage felt that the City should take some action on the wells. MINUTES - MORRO BAY CITY COUNCIL ADJOURNED MEETING - JULY 27, 1981 Page Four MOTION: Councilwoman Deutsch moved that Council instruct the City Attorney to enjoin the action at the Men's Colony on the wells and that all cities will participate in this action. This was seconded by Councilwoman Ward and so carried. E-10 EXECUTIVE SESSION. Mr. LeSage requested an executive session to discuss the Tidelands Agreement and Meet and Confer. The meeting was adjourned into executive session at 6:15 PM. The meeting was reconvened at 7:31 PM. There was a general discussion regarding salary and benefits for management, mid -management and confidential employees. MOTION: Councilwoman Deutsch moved that Council adopt Resolution 72-81 which would provide for changes in salaries and benefits for management, mid -management and confidential employees. This was seconded by Mayor Pro-Tem Lemons and carried unanimously by roll call vote. MOTION: Councilwoman Ward moved for the adjournment of this meeting. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. The meeting was adjourned at 7:30 PM. Respectfully submitted, PAUL BAXTER, CITY CLERK by Bonita Murray City Clerk PY MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 27, 1981 RECREATION HALL, 7:30 PM Call to Order Pledge of Allegiance Invocation - Rev. Ronald E. Fay, Church of the Nazarene Public Comment Period A. CONSENT CALENDAR A-1 Expenditure report for the month of June, 1981. A-2 Approval of disability retirement settlement for William Mehaffey. A-3 Approval of agreement between City and California Coastal Conservancy for stabilization of sand dunes north of Coleman Drive. A-4 Approval of disability settlement for Joseph Simas. B. UNFINISHED BUSINESS B-1 Consideration of extension of contract for.services -.California-West. B-2 Deanna Davis lease renewal - Lease Sites 68 and 68W. B-3 Review of Hittle's Landing request for relief of hardship. B-4 Proposed closure of South Street between Main and Monterey Streets. B-5 Proposed support of SB 626, legislation to remove unsatisfactory housing elements from the Coastal Zone. C. NEW BUSINESS C-1 Increase in hourly rate for City Attorney. C-2 Acceptance of weed abatement charges. C-3 Utility rate surcharges for out -of -city users. C-4 Fee schedule study for City departments. C-5 Award of bid for street sweeper. C-6 California Water Project -Reclamation Project studies by the Department of Water Resources for the South,Sanr'Luis Obispo Sanitation district and the City of Morro Bay. C-7 Policy,determination4by Council regarding use change applications by Virg's Fish'n, Inc. and Pacific Shellfish Co. C-8 Report on.prohibited conduct ordinance. C-9 Request-€xef-Be#}dapg-4aspeeteF-te-set-a-heaOR§-date-te-eens4der-abatement e€-a-pub44e-ad4s"ee-at-296-Ma4m-Street: C-10 Approval to,construct4iatch tower and observation deck on the Harbor Patrol Office utilizing donated funds. C-11 Board of Appeals (Fire Code). D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 Award of Community Promotion Activities to Morro Bay.Chamber of Commerce in the amount not to exceed $12,999.50 for fiscal year 1981-82. D-2 Case No. ZOA 03-81, Planning Commission recommendation for approval of an amendment to Municipal Code Section 17.40.030 concerning provisions for placement of mobilehomes on permanent foundations in single family zones. D-3 Case No. CZ 01-81, Planning Commission recommendation of a special treatment combining district designation concerning placement of mobilehomes on permanent foundations for specified areas. D-4 Sonic Cable TV Franchise Agreement. i E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 27, 1981 RECREATION HALL, 7:30 PM The meeting was called to order by Mayor Warren M. Dorn at 7:35 PM. The Pledge of Allegiance was led by Al Olson and the invocation was given by Michael LeSage. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman STAFF: Paul Baxter, City Administrator Michael LeSage, City Attorney John Bressan, Director of Public Services Murrel Crump, Community Development Director Al Olson, Police Chief Gary Napper, Admi.nistrative Assistant Gere Sibbach, Finance Director Bonita Murray, Deputy City Clerk A. CONSENT CALENDAR A-1 Expenditure report for the month of June, 1981. A-2 Approval of disability retirement settlement for William Mehaffey. A-3 Approval of agreement between City and California Coastal Conservancy for stabilization of sand dunes north of Coleman Drive. A-4 Approval of disability settlement for Joseph Simas. Mr. Baxter read the Consent Calendar to the Council and members of the public present. Item A-3. A description and total amount of area to be covered was requested by Councilman Anderson. Mr. Bressan stated that the area would cover approximately 20 acres with the exception of the Dan Dulk property and gave a description of the area. MOTION: Councilwoman Deutsch moved that the Consent Calendar be approved as submitted. This was seconded by Mayor Pro-Tem Lemons and carried unanimously by roll call vote. B. UNFINISHED BUSINESS B-1 CONSIDERATION OF EXTENSION OF CONTRACT FOR SERVICES - CALIFORNIA-WEST The County Assessor, Dick Frank, has submitted a quotation of $6,000 to perform appraisal services on the properties along the Embarcadero. Anticipated completion of the assessments of the entire Embarcadero property would be December 14, 1981. i �7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 27, 1981 Page Two Staff is recommending that Council continue a temporary relationship with California -West until at such time as the Phase I portion of the project has been completed. This firm would perform coordinating work with the assessor, act as the City's representative in dealings with the tenants, advise the City and the tenants regarding unreported income and act as the City's agent to collect unpaid rents, establish a basis for standardization of city files and financial records and other tasks related to the Phase I portion of the project. The fee for these tasks would not exceed $7,000. Mayor Pro-Tem Lemons asked how much money would be generated as a result of the expenditures. A total of $10,000 generated revenue was stated by Mr. Baxter. He further mentioned that the County Assessor was the only one who could assess the County leases and felt that a complete appraisal was needed for all properties. MOTION: Councilwoman Deutsch moved that Council authorize staff to prepare a contract extension with California -West for an amount not to exceed $7,000 and a term of August 1, 1981 - January 31, 1982. She further moved that a market value appraisal and market rent analysis contract be negotiated with the County Assessor and that the City Administrator be authorized to sign both contracts on behalf of the City. This was seconded by Councilwoman Ward and passed on a roll call vote with Councilman Anderson abstaining. B-2 DEANNA DAVIS LEASE RENEWAL - LEASE SITES 68 AND 68W. The temporary lease extension for Deanna Davis will expire August 1, 1981. Mrs. Davis indicated she would be willing to agree to an additional temporary extension until October 31, 1981. Staff recommends that a six month extension of the lease to Deanna Davis through January 31, 1982 be granted. MOTION: Councilwoman Deutsch moved that a six month lease extension be granted to Deanna Davis until January 31, 1982. This was seconded by Mayor Dorn and passed on roll call vote with Councilman Anderson abstaining. B-3 REVIEW OF'HITTLE'S LANDING REQUEST FOR RELIEF OF HARDSHIP Subsequent to the last Council meeting, Mr. Bressan stated that staff had been requested to attempt to work out a compromise between the problems the Hittle's were encountering at their current lease site and attempt to resolve any code problems faced in the lease areas involved. There was a great deal of misunderstanding as to the intent of the Council action. The Yacht Club had not been notified of the original meeting and had not been given a chance to present their case. Staff has brought this back to Council for a re -hearing and to further ask Council for further direction on how to proceed on this matter. At this time a compromise has not been reached. Mr. Bressan outlined the problems of both sides (Yacht Club and Hittle). MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 27, 1981 Page Three The safety and fairness of the waterfront was Jim Funk's, harbor master, main concern. He felt that Hittle's should be allowed to use a portion of the street end as the Yacht Club is presently doing. This would increase the safety of the area. Mayor Pro-Tem Lemons felt that even if Hittle was allowed to build out into the street end that it would create problems with other leases requesting the same privileges. The Yacht Club did build their dock in good faith and Mr. Bressan felt that some compromise should be made.. Mr. L. J. Devlin, Morro Bay Yacht Club, stated that in 1966 the use of the street end was established. The initial dock space was awarded to the Yacht Club by the City for the intent of taking care of transient boats. The dock was expended to allow the Yacht Club space for their own members. When Hittle's Landing established business, the Yacht Club was required to change their rafting policy to two boats out and then three. The Yacht Club currently has 180 family memberships and would not like to lose any space. The total number of transient boats last year were 610. Since March 3 of this year, the Yacht Club has taken care of 370 boats. Each boat has an average of four people and stay an average of three -five days. These individuals are eating in town, buying fuel, etc. and add to the economy of Morro Bay. John Nolton, Morro Bay Yacht Club, stated that the Council should address the 55 foot boat issue which will still have an overhang of 10-12 feet, which means you don't have enough dockage space. He felt that the City may not be getting as large a return from the Yacht Club as they are from Hittle's but the amount of money spent in the City by the individuals coming to stay in town for awhile certainly compensates for this factor. Cliff Smith, Harbor Advisory Board, recommended as a temporary measure that the Hittle's be allowed to tie up their 48 foot boat only for advertising. The 55 foot boat would have to be left outside the 48 foot boat. This would give the Yacht Club room to move their dinghies back and forth. There was a general discussion from the Council on this matter. Mr. Bressan stated that he has two new alternatives he would like to discuss with both parties and have this matter brought back to Council in two weeks. This was agreed to by all present with the request that Mr. Bressan also review the past tapes on this matter from previous Council meetings. D-2 D-3 HINUTES - MORRO REGULAR MEETING Page Four. BAY CITY COUNCIL - JULY 27, 1981 Mr. Crump stated.that these two items constitute a single action and have been reviewed by the Planning Commission at an earlier meeting. The ordinances that are before Council relate to State legislation which provides that local govern- ment may not preclude mobile homes manufactured in 1974 standards for placement on permanent foundations in single family zoned lots. In order to address the legislation as well as control the placement of mobile homes within the Ciy of Morro Bay, the Planning Commission evaluated the standards and also looked at several sections of the City to determine if a compatible area for such placement existed. The Planning Commission held public hearings in June and are submitting to Council for their adoption standards which are included in Case No. ZOA 03-81 and zone changes which are in Case No. CZ 01-81. Mrs. Kennedy was concerned about allowing this use in this particular area since a lot of families in the area have improved their lots and she didn't feel these homes are compatible to those in the area. Modular or mobile homes have improved greatly according to Wendy Calmes in the past few years and the individuals in this area would not be offended by the use of these units in this area. Bill Sodder felt that this opportunity for young people is marvelous as they have a chance to build equity, in a home. The modular homes, in his opinion, are constructed much like a regular home. According to Jim Maul, it is almost impossible for young people to build homes today. They are going to have to go to manufactured housing, which would be the only affordable housing in the area. MOTION: Councilwoman Deutsch moved that the public hearing be closed and that the ordinances for Case No. ZOA 03-81 and CZ 01-81 be read by title only. Mayor Dorn seconded the motion and it carried unanimously by roll call vote. Mr. Baxter read the ordinances by title only - "An Ordinance Amending Section 11 of Ordinance 100 and Section 17.40.030 of the Morro Bay Municipal Code —Case No. ZOA 03-81" and "An Ordinance Amending Section.5103.2 of Ordinance 65 Pursuant to the Provisions of Chapter 17.64 of the Morro Bay Municipal Code, -Case No..-. CZ 01-81: MOTION: Mayor Pro-Tem Lemons moved that this cdnstitutes the first reading for ordinances dealing with Case No. ZOA_03-81 and CZ 01-81. This was seconded by Mayor Dorh`and carried 1.unanimously by roll call vote. There was a brief recess at 9:25 PM and the meeting was -reconvened at�9:40,PM. Mayor Dorn recognized and introduced Greg and Thomas LeSage, sons of our City Attorney, in the audience. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 27, 1981 Page Five B-4 PROPOSED CLOSURE OF SOUTH STREET BETWEEN MAIN AND MONTEREY STREETS. This item was carried over from your meeting of July 13, 1981 at the request of the property owners. As noted in the letter from Dale and Katherine Mitchell, a meeting was held between Mr. Mitchell, Mr. McMullen and Mr. Baxter regarding the South Street request. The condominium owners have agreed that the following would be a reasonable solution to the mini -park proposal: (1) That the City allow temporary closure of South Street at the north and mid -points with gates that would be approved by the Fire Department and the Public Services Department. (2) At their own expense the Mitchells be allowed to make certain plantings in the public right-of-way adjacent to their property on to the middle of the street area and t"iat such plantings be at their own expense and that they would maintain these plantings at their own expense and that the design and type of plantings be first approved by the City. (3) That the City pave the northernly half of the street with red rock or similar material so that Fire trucks can access the project from the South Street side. (4) That the City complete the installation of the curb, gutter and sidewalks along the condominium side of the project as had been agreed earlier. It is understood by all parties concerned that at such time as the City will need through access on South Street that the gates and the plantings will be removed. If this proposal is approved, it would be appropriate for the City Attorney to draft documents that would guarantee maintenance obligations be tied to the property in the event that the ownership of the property were to change. MOTION: Mayor Dorn moved for the approval of staff's recommendation for a mini -park proposal on a portion of South Street between Main and Monterey Streets. This was seconded by Councilwoman Deutsch and failed on roll call vote (Anderson - no; Deutsch - yes; Dorn - yes; Lemons -no; Ward - no). Councilwoman Deutsch asked what the costs associated with putting in the curbs, gutters and sidewalks would be for this project. Mr. Bressan stated that the current rate is $6/foot; however, the cost can be cut by approximately one-half if force account labor is used. There was a concern by Councilwoman Ward and Mayor Pro-Tem Lemons that the street should not be closed. If the street is closed, they,felt it might be difficult for a future Council to reopen the street for full use. However, there was no objection to the city providing the curbs, gutters and sidewalks for this Project. Mr. Mitchell reiterated the facts that had been presented at previous Council meetings for the benefit of the Council and the members of the public present. i 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 27, 1981 Page Six MOTION: Councilwoman Deutsch moved that the City install the curbs, gutters and sidewalks on this project, and close the street temporarily. This motion died for lack of second. An encroachment permit would be required according to Mr. LeSage on city property. This would state either a fixed term or expressly state that it can be revolked. MOTION: Mayor Pro-Tem Lemons moved that the City install the curbs and gutters on Mr. McMullen's development and not across the street. This was seconded by Councilwoman Ward and so carried. It was felt by Mr. McMullen that the City should also be responsible for installing the sidewalks on this project since a promise had been made by prior staff members. MOTION: Mayor Dorn moved that this be substituted for the original motion, the matter be referred back to staff for a further recommendation and the matter be scheduled for the next Council meeting. This was seconded by Councilman Anderson and carried unanimously by roll call vote. B-5 PROPOSED SUPPORT OF 5B 626, LEGISLATION TO REMOVE UNSATISFACTORY HOUSING FI FIdFN C GD M TWI: rIU1 z"" 7l1nt[ This matter had been continued from the Council Meeting of July 13. The legislation, which is still pending, proposes to completely eliminate the Coastal Commission's jurisdiction over housing. The basic element of the legislation adds provisions to the housing element law to insure that Coastal Cities make substantial efforts to provide affordable housing but allows each city and county the option to determine what types of programs are feasible and where and how to locate housing. MOTION: Mayor Pro-Tem Lemons moved that Council go on record to support SS 626 in concept. This was seconded by Mayor Dorn and carried unanimously by roll call vote. C. NEW BUSINESS C-1 INCREASE IN HOURLY RATE FOR CITY ATTORNEY. As noted to Council in your budget sessions, the City Attorney has requested that his hourly rate be raised from $55 to $70 per hour for work which he performs for the City over and above his monthly retainer. MOTION: Mayor Dorn moved for approval of the hourly rate from $55 to $70 for the City Attorney. This was seconded by Mayor Pro-Tem Lemons and carried unanimously by roll call vote. C-2 ACCEPTANCE OF WEED ABATEMENT CHARGES. According to the Director of Public Services, the weed abatement program for fiscal 1980-81 has been completed and charges have been assessed for properties on which work had been completed. In accordance with the Municipal Code, Council must • 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 27, 1981 Page Seven accept the charges and authorize the clerk to file them with the County Auditor for collection along with general city taxes. Any protests for these charges will be heard during a public hearing at the Council's first meeting in February. MOTION: Mayor Dorn moved for the acceptance of the weed abatement charges and authorize the City Clerk to file these with the County Auditor for collection with general city taxes. This was seconded by Mayor Pro-Tem Lemons and carried unanimously by roll call vote. C-3 UTILITY RATE SURCHARGES FOR OUT OF CITY USERS. The Finance Director submitted a report in which he noted there are certain out Of city users on the water system who are not affected by the current changes in water rates. In the past the City users had paid 50 cents per cubic foot and the out of city users had paid $1.00 per cubic foot. When Council took action to raise the water rates, they only increased the rates for in -city users. Currently the in -city users and out -of -city users pay the same rate of $1.000 per cubic foot. At this point staff would like direction from Council as to: (1) Whether the rates for out -of -city users should continue to be double of that paid by in -city users. (2) That out -of -city users would pay the current rate plus a surcharge. There are few people who fit in this category, however, a clarification should be made so that the new billing will be consistent and there will be less confusion. MOTION: Councilwoman Deutsch moved that Council agree conceptually that some difference should be retained between in -city and out -of -city users, that staff temporarily double the rate for out -of -city users, and that staff will study this matter and bring it back to Council. This was seconded by Councilman Anderson and carried unanimously by roll call vote. C-4 FEE SCHEDULE STUDY FOR CITY DEPARTMENTS. MOTION: Mayor Dorn moved that this item be held until the meeting of August 10 to allow for additional information on the appropriation of monies for a fee study. This was seconded by Councilwoman Deutsch and so carried. C-5 AWARD'OF BID FOR.STREET SWEEPER. Mr. Bressan gave an oral report on the bids received for a street sweeper. He recommended that Council approve the purchase of a new street sweeper from FMC on a lease -purchase plan option. MOTION: Mayor Dorn moved that Council approve the lease -purchase of a new street sweeper from FMC. This was seconded by Mayor Pro-Tem Lemons and passed on roll call vote with Councilwoman Deutsch and Councilman Anderson voting no. MINUTES - MORRO REGULAR MEETING Page Eight 9 BAY CITY COUNCIL - JULY 27, 1981 C-6 CALIFORNIA WATER PROJECT -RECLAMATION PROJECT STUD Late last calendar year the Department of Water Resources approached the City and indicated that the Department would be willing to perform a feasibility study for the city regarding the usability of reclamation if the City so desired. The study would be at no cost but would utilize funds that the City has set aside thrugh DWR for the purposes of bringing in imported water. Since the City does not contract through the Department but is part of the County network for imported water, the City had to ask permission from the County Board of Supervisors regarding the feasibility study for reclaimed water. On June 15, 1981 the Board of Supervisors agreed to authorize the Department of Water Resources suggestion and approve the City's feasibility study on the condition that the City indemnify the County regarding any liability that would be incurred for the reclamation study to be done. This matter is now being brought to Council for approval. Mr. Bressan stated that the reclamation project, if feasible, will be for an agricultural trade-off of reclaimed water for domestic water, which is currently being used for agricultural purposes. This same program is being proposed in other areas. MOTION: Councilwoman Deutsch moved that Council reject the offer by the Department of Water Resources. This was seconded by Councilman Anderson and so carried. C-7 CIL REGARDING .USE CHANGE AP These requests are examples of changes that periodically come before Council for use changes along the Embarcadero. In discussing these requests with the Director of Community Development, it is his opinion that there is no distinct policy which specifies the procedures for which these requests are to be handled. The first method is for the request to automatically be sent to the Planning Commission for their review and determination regarding zoning and land use and then with a recommendation from them to the Council. The second method for review would be to allow Council to make a preliminary determination as to whether or not they would consider such use`on"the lease site' -and then after their comment that the matter'be 'r6ferred.to the,Planning Commission for their review for zoning and land use'and-subsequent return to Council for formal adoption/rejection. MOTION: Mayor Dorn moved that the.'Planning,Commission hear any reuqests first and then forward them to the Council for adoption/rejection. This was seconded by Councilwoman Ward'and carried on roll call vote with. Councilman Anderson abstaining.`" C-8 REPORT ON PROHIBITED CONDUCT ORDINANCE. Mr. Baxter stated that this is a proposed ordinance that will be scheduled for a public hearing at the Council Meeting of August 10. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 27, 1981 Page Nine C-9 This item has been pulled from the agenda according to Mr. Baxter. C-10 Mr. Bressan gave a brief report on this matter. An anonymous donor has made an offer towards the construction of a watch tower on the Harbor Patrol Office. The purpose of the tower is to view the harbor entrance during inclement weather than detect whether or not boats are in trouble and require assistance. Mr. Funk mentioned that he would like to proceed with this project with private funds and a local architect has agreed to do the plans. MOTION: Mayor Dorn moved that the Council conceptually approve the construction of a watch tower and observation deck on the Harbor Patrol Office utilizing donated funds. Council would further direct staff to pursue activity related to the project until at such time as the feasibility of the tower is known. This was seconded by Councilwoman Ward and so carried. C-11 BOARD OF APPEALS (FIRE CODE). Since a list of names for an appeals board were not submitted to Council, this matter will be held until the August 10 meeting. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 AWARD OF COMMUNITY PROMOTION ACTIVITIE' In accordance with the language of Measure A, the City has advertised for bids for promotional activity for fiscal 1981082. One bid was submitted for the City to review and that bid was submitted by the Chamber of Commerce. The bid amount total involved is $12,999.50 for fiscal year 1981-82. Staff has reviewed the bid and is•of the opinion that the Chamber is a responsible bidder and would be able to carry out the terms of the agreement as outlined in the bid specifica- tions. Speaking on behalf of.the Chamber, Betty Florecky mentioned that the amount awarded is not to exceed five percent of the bed tax according to Measure A. This year has been good and she felt that the amount awarded should not be limited to the dollar amount in staff's recommendation. MOTION: Mayor Dorn moved that Council award the City Promotional Activities bid to the Morro Bay Chamber of Commerce for fiscal year 1981-82 in the amount not to exceed $12,999.50. This was seconded by Councilwoman Deutsch and on roll call vote passed with Mayor Pro-Tem Lemons and Councilwoman Ward abstaining. . Mayor Pro-Tem Lemons commended Paul Baxter, Bonita Murray and Mary Sanders and all the other who helped at the barbecue for the Morro Bay Community Band. MINUTES - MORRO REGULAR, MEETING Page Ten BAY CITY COUNCIL - JULY 27, 1981 D-4 SONIC CABLE TV FRANCHISE AGREEMENT. A proposed agreement and draft ordinance is being submitted to Council for consideration and would formalize the relationship between the City and Sonic Cable TV for television services in the City of Morro Bay. Some of the main points are: (1) Sonic will do a rate study for the City of Morro Bay and rates will be determined by such study. (2) That Sonic will provide the City of Morro Bay, on a confidential basis, information on the financial status of their business. (3) That the rate study will be performed by an independent consultant which at a later time the City can reject and employ their own and at such time if the City and the Cable Company's consultants cannot agree that a third party will be selected to make a final determination. (4) That Sonic will comply with FCC.performance standards as included by reference in the agreement. (5) That Sonic will agree to an interim rate schedule which is referenced as Exhibit A of the agreement (residential rates - $7.50/month; motels and hotels - 50 percent of residential rate; apartments and mobile home parks - residential rate less 15 percent). The agreement would allow Sonic to make annual adjustments in their rates once they have been determined that would amount to no greater than 75 percent of changes in the Consumer Price Index without prior approval of the City Council. The agreement would extend Sonic's franchise for a 15 year period from the date of execution of the agreement and would require Sonic to forego their right of deregulation for the duration of the franchise. There will be representatives from Sonic available to respond to questions should Council have any. There was a general discussion by the Council as to the feasibility of a rate study. It was the opinion of the Council that a rate study would not be needed and a base would be used of $8.00 MOTION: Mayor Pro-Tem Lemons moved that any amendements be given to the City Administrator and this matter then brought back to Council at their meeting of August 10. This was seconded by Councilwoman Deutsch and carried on roll call vote with Councilwoman Ward abstaining. Mayor Dorn suggested that the public hearing section of the agenda be placed earlier in the evening. MOTION: Mayor Pro-Tem Lemons moved that the meeting be adjourned to 5:00 PM July 28 in the City Hall Conference Room for continuation of the agenda. This was seconded by Councilwoman Deutsch and so carried. The meeting was adjourned at 12:05 AM. Res ctfull s bmitted, by Bonita Murray, Dep'ty City Clerk MORRO BAY CITY COUNCIL • REGULAR MEETING - JULY 13, 1981 RECREATION HALL, 7:30 PM Call to Order Pledge of Allegiance Invocation - Rev. Bob Whaley, Calvary Baptist Church Public Comment Period A. CONSENT CALENDAR A-1 Chamber of Commerce Expenditure Report for June, 1981. A-2 Resolution Ratifying the Joint Powers Agreement. A-3 Revision of Step 2 Grant Award. A request has been made to the Water Quality Control Board to fund the additional costs of design phase over the original grant amount. A-4 Approval of Audit Contract for Fiscal Years 1980-81, 1981-82, 1982-83. A-5 Request for Authorization for Director of Public Services to Sign for Agreement Between Architect and the City for the Design of the Bus Maintenance Facility. A-6 Resolution Charging a Fee to Persons When They are Transported to the Hospital by the Fire Department. A-7 Approval of City Council Minutes from Meetings of October 13, 14, 1980, May 11, 26, June 8, 25, 1981. A-8 Amendment and Additions to Classification Plan. B. UNFINISHED BUSINESS B-1 Final Adoption of Fiscal Year 1981-82 Budget. B-2 Proposed Closure of South Street Between Main and Monterey Streets. B-3 Final Report from California -West on Lease Management Study. B-4 Ordinance No. 206, An Ordinance to Amend Section 2.44.010 of the Morro Bay Municipal Code, Authorizing an Amendment to the Contract Between the City of Morro Bay and the Board of Administration of the California Public Employees' Retirement System. (Second reading.) C. NEWBUSINESS C-1 Rotary Club's Proposal for a Mini -Park on the Land Located Between the Chessboard and the Mobile Homepark on the East Side of,the Embarcadero. C-2 Proposed Support of SB 626, Implementation of Statewide Housing Policy. C-3 Request from Morro Bay Merchants Committee for Permission to Use a Sandwich Board Advertising on Public Property. C-4 Resolution Adopting Community Band. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 Public Hearing on Proposed Water Rate Increase. D-2 Public Hearing on Proposed Sewer Rate Increase. D-3 Final Grant Request for Federal Surface Transportation Act (Section 18) Capital Funds to Replace Two (2) Existing Bus Units Within the City's Dial -A -Ride Transit System. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator • 6 MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 13, 1981 e RECREATION HALL, 7:30 PM The meeting was called to order'by Mayor Warren M. Dorn at 7:35 PM. The Pledge of Allegiance was led by Al Olson and Rev. Bob Whaley of Calvary Baptist Church gave the invocation. ROLL CALL PRESENT: Rodger Anderson, Councilman ' Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor " John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman STAFF: Paul Baxter, City Administrator Michael LeSage, City Attorney John Bressan, Director of Public Services Murrel Crump, Director of Community Development Gary Napper, Administrative Assistant Al Olson, Police Chief Mary Sanders, Recreation Director Bernie Zerr, Fire Chief Bonita Murray, Deputy City Clerk PUBLIC COMMENT PERIOD It was suggested by Bruce Risley that the public hearings on the water and sewer rates be heard earlier in the meeting to allow everyone time to speak. A. CONSENT CALENDAR A-1 Chamber of Commerce Expenditure Report for June, 1981. A-2 Resolution Ratifying the Joint Powers Agreement. A-3 Revision of Step 2 Grant Award. A request has been made to the Water Quality Control Board to fund the additional costs of design phase over the original grant amount. A-4 Approval of Audit Contract for Fiscal Years 1980-81, 1981-82, 1982-83. A-5 Request for authorization for Director of Public Services to sign for agreement between architect and the City for the design of the bus maintenance facility. A-6 Resolution charging a fee to persons when they are transported to the hospital by the Fire Department. A-7 Approval of City Council minutes from meetings of October 13, 14, 1980, May 11, 26, June 8, 25, 1981. A-8 Amendment and additions to.classification plan. Mr. Baxter read the Consent Claendar to the Council and members of the public present. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 13, 1981 Page Two Item A-3. A clarification of this.item was asked by Mayor Pro-Tem Lemons. Mr. Bressan stated that the increase is due to the changes in the contract for the design of a third digester, which was recommended by the value engineering study and for Ootectionagainst earthquakes. These items are all grant fundable. Item A-5. Mayor Pro-tem Lemons asked for the cost of the bus maintenance facility. Mr. Bressan stated that the cost would be $100,000. Item A-2. Mayor pro-Tem Lemons asked if there were any changes in the Joint Powers Agreement over the previous year. Mr. Baxter stated no. MOTION: Mayor Pro-Tem Lemons moved for the approval of the Consent Calendar. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. B. UNFINISHED BUSINESS B-1 FINAL ADOPTION OF FISCAL YEAR 1981-82 BUDGET. MOTION: Mayor Pro-Tem Lemons mvoed that this matter be discussed after the public. hearings on the water and sewer rates. This was seconded by Council- woman Deutsch and so carried: B-2 PROPOSED CLOSURE OF SOUTH STREET BETWEEN MAIN AND MONTEREY STREETS. At the request of the applicant, Mr. Baxter stated that this item would be continued to the July 27, 1981 Council Meeting. C-3 MORRO BAY ERMISSION TO USE A In the City Administrator's report, Mr. Baxter had indicated a possibility of waiver by the Council to allow a.sandwich board advertjsing,by the Merchants Committee. However, ithadbeen brought to his attention that this ,is strictly forbidden by the Municipal Code and'the ordinance would have to be changed to allow this. Mayor Dorn .requested' that this matter be referred'to;the Planning Commission for their review and'recommendation.. - . . , B-3 FINAL REPORT FROM CALIFORNIA-WEST ON LEASE MANAGEMENT STUDY. Staff had hoped that this report would have been included in the Council's package, but Mr Wallace, California -West, will make an oral report. Mr. Wallace gave his report on the Embarcadero lease sites in the City (see Exhibit A for the full report). MINUTES - MORRO BAY CITY COUNCIL ' REGULAR MEETING - JULY 13, 1981' Page Three MOTION: Councilwoman Deutsch moved that the California -West report be received and directed staff to provide a recommended course of action for Council's consideration. This was seconded by Councilwoman Ward and so carried with Councilman Anderson abstaining. D-1 PUBLIC HEARING ON PROPOSED WATER RATE INCREASE. The public hearing on the proposed water rate increase was opened for comments. Mayor Dorn requested those who do wish to speak to speak to this subject only. Neil Kline asked if the rationale behind the proposed rates could be reviewed, which Mr. Bressan did for everyone present. Support for the proposed program was given by Grace Melton who felt that the rates should have been raised years ago. She felt the rate increase would be a reasonable approach to help solve the problems of today. Wendy Calmes felt it was time the city put the rates on a paying basis and put the cost of doing business among the people who would benefit. Urging strong fiscal responsibilities by the Council, Al Hall felt that everyone should pay their fair share of water and sewer rates. MOTION: Mayor Dorn moved to close the public hearing on proposed water rate increase. This was seconded by Councilman Anderson and so carried. Mayor Pro-Tem Lemons asked if a review of the data available had been made to determine whether or not a rate could be charged at varying rates depending on how much water was used. Mr. Bressan stated that the data had been reviewed and the City should consider a progressive rate, which is supported by the Coastal Commission, EPA, and the State. This would also encourage water conservation. Staff recommended a three year recovery which would allow for a capital improve- ment program in the future. MOTION: Councilwoman Deutsch moved to approve staff's recommendation of a three year recovery period on the water rate increase and that as soon as possible a user profile and user categories be developed. This was seconded by Mayor Pro-Tem Lemons and carried unanimously by roll call vote. D-2 PUBLIC HEARING ON PROPOSED SEWER RATE INCREASE. The public hearing on the proposed sewer rate increase was opened for public comment. Neil Kline stated that usage is based on a percentage of the water used and didn't feel this was fair. He felt that more detail should be given to the public. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 13, 1981 Page Four Mr. Bressan mentioned that less water usage is dangerous for the sewer system. In favor of raising the rates, Wendy Calmes felt they should be raised in accordance with the EPA rules. Peter Diffley felt that there was no doubt that the rates must be raised. However, he felt that there are possibly other ways in which to help finance the Wastewater Treatment Plant. He suggested that the City issue grant anticipation notes, which carry low interest rates since they are tax free. This would also help the cash flow problem. He also felt that the user charge system would help pay the user rate requirement for the Plant. Elizabeth Perkins suggested that the bed tax be raised if the tourists are creating a big demand on the system. MOTION: Mayor Pro-Tem Lemons moved that the public hearing on proposed sewer rate increases be closed. This was seconded by Councilwoman Ward and so carried. MOTION: Mayor Pro-Tem Lemons moved that the proposed sewer rates be adopted with the modification that the special rates for commercial users have a $4.00 minimum or whatever the minimum is equal to single family residences. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. MOTION: Mayor Pro-Tem Lemons moved that staff be directed to report on the possibility of grant anticipation or any other programs which would relate to the problem. This was seconded by Mayor Dorn and so carried. MOTION: Councilwoman Ward moved for the adoption of Resolution 67-81, establishing user rates and related fees and deposits for water and sewer rates. This was seconded by Councilman Anderson and carried unanimously by roll call vote. A brief recess was called at 9:45 PM, and the meeting was reconvened at 9:50 PM. C. NEW BUSINESS C-1 ROTARY CLUB'.S'PROPOSAL FOR A MINI=PARK ON THE LAND LOCATED BE The Morro Bay Rotary Club has submitted a proposal to Council for their considera- tion which involves their desire to undertake the construction.of a mini -park on the land located adjacent to the chessboard. The Club has requested that Council make a determination as to whether or not such a proposal is acceptable to them and if so, has outlined the Club's participation in such a project: (1) that the City obtain title to the property, (2) that the Club be committed to the development of the park in an amount not to exceed $7,000, (3) that such improve- ments be based on a plan approved by the City, (4) that the Club be allowed to contribute labor for the project, (5) that at such time as the project is MINUTES - MORRO REGULAR MEETING Page Five BAY CITIOUNCIL 10 - JULY 13, 1981 completed that the City will_ accept'responsibility for.the maintenance of the park. Staff is.recommehding that Council approve the plan ih concept, refer the matter to the Recreation Commission for.their recommendation and direct staff to determine whether the project can be completed with the conditions as, outlined by the Rotary Club..' ' Counci-lwoman Deutsch feIt�it was an admirable proposal; however, she felt the City would only be interested' 'if the. property coul.d be acquired at no cost to the City. MOTION: Mayor Dorn moved that a letter be sent to the Rotary Club thanking them for their cooperation and assistance, accept the plan in concept and refer it to the Recreation Commission and stipulate that there shall be no cost to the City on this project. This was seconded by Mayor Pro-Tem Lemons and carried unanimously by roll call vote. C-2 PROPOSED SUPPORT OF SB 626, IMPLEMENTATION OF STATEWIDE HOUSING POLICY. The City of Half Moon Bay has sent out a notice to all cities in the Coastal Zone requesting that they support SB 626 (Mello). The intent of SB 626 is to remove some of the unsatisfactory housing requirements that have been previously placed upon coastal communities. The legislation is supported by the League of California Cities. A return of local control on this issue was favored by Grace Melton. The housing plan would be put back into our Local Coastal Plan and not made a part of the Coastal Act. She also wanted to be sure that this doesn't open a door for a statewide housing commission. Mayor Pro-Tem Lemons asked that this matter be delayed until the July 27 meeting to allow staff to bring back more information on this bill. This was agreed to by all. C-4 RESOLUTION ADOPTING COMMUNITY BAND. The conductor of the Community Band, Ed the band as a means of acknowledging the citizens in the City of Morro Bay. Smith, is requesting the City to "adopt" contributions the band has made to all MOTION: Mayor Pro-Tem Lemons moved for the adopting of the Community Band. This was seconded by Mayor Dorn and carried unanimously by roll call vote. B-4 ORDINANCE NO. 206, AN ORDINANCE TO AMEND 610 OF THE This ordinance relates to the amending of the contract between the City and the California Public Retirement System for. the depooling of Morro Bay Employees from the systems actuarial system. This is being submitted for second reading and approval. MINUTES - MORRO BAY CITYCOUNCIL REGULAR MEETING - JULY 13, 1981 Page Six MOTION: Councilwoman Deutsch moved that Ordinance No. 206 be read by title only. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. Mr. Baxter read Ordinance No. 206 by title only - "Authorizing an amendment to the contract between the City of Morro Bay and the Board of Administration of the California Public Employees' Retirement System." MOTION: Councilwoman Deutsch moved for the adoption of Ordinance No. 206 and that this constitutes the.second reading. This was seconded by Mayor Pro-Tem Lemons and carried unanimously by roll call vote. D-3 FINAL GRANT REQUEST FOR FEDERAL SURFACE TRANSPORTATION ACT (SECTION 18) In January of this year, the City was awarded federal funds to replace two existing bus units within the City's Dial -A -Ride system. As part of the funding requirements, the State Department of Transportation is requesting that the City ,.publish notice of the expenditure of the funds and that the City also hold a public hearing regarding the acquisition of the two buses.' Staff is recommending Council authorize them to file the final grant application for Section 18 replacement bus project. There was a general discussion on this matter as to the feasibility of these two buses and the system. MOTION: Councilwoman Ward moved that the public hearing on the Section 18 Funds be closed. This_ was seconded by Councilman Anderson and so carried. MOTION: Councilwoman Deutsch moved that staff be authorized to file'the final grant application for Section 18 replacement bus project. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. E. INDIVIDUAL DETERMINATION AND/OR ACTION- E-1 'OFF -SHORE OIL LEASING LITIGATION. The City has received notification -from the.County Counsel of Marin that due to an appeal regarding' the Off -Shore Oil Leasing Litigation, additional funds will be required of each of the public agencies involved. The total additional funding required in addition to that provided earlier is as fol.lows: (1) By each County - $1500 and (2) by each city - $500. Councilwoman Deutsch felt that the City had already supported this cause and we should now give them our moral support. Congressman.Panetta's office had been contacted by Mayor Dorn and he had been told this are would not be used for oil drilling. Mayor Dorn also felt strongly that this City should not have to pay more than other larger cities had originally paid. MINUTES - MORRO REGULAR PiEETING Page Seven 9 BAY CITY COUNCIL - JULY 13, 1981 MOTION: Mayor Dorn moved that the City continue.. our support of the lawsuit with an additional allocation of $250, which would total $500 submitted on the lawsuit, and the City suggest that all communities pay equally based on some formula. This was seconded by Mayor Pro-Tem Lemons and carried on a roll call vote with Councilwoman Deutsch and Councilwoman Ward voting no. E-2 LITIGATION REGARDING CALIFORNIA MEN'S COLONY EXPANSION. Earlier Council had expressed opposition to the expansion of the California Mens Colony in that such expansion would have an adverse impact on the Chorro water basin. Since that time, the City of San Luis Obispo, in conjunction with the County of San Luis Obispo, has been preparing to file an injunction to prohibit the State from such expansion until the State has complied with the filing of"an EIR and held public hearings regarding their proposed expansion. If the City wishes to participate in this joint effort, the -financial participa- tion would be limited to a. maximum of $300. While the County of San Luis Obispo has less than one percent of the population at the facility and the City of Los Angeles have over one-half of the prison population, Mayor Dorn felt there should be a formula whereby no county should have more facilities than they need to take care of the prisoner population in that County. MOTION: Mayor Pro-Tem Lemons moved that we allocate $300 toward the opposition of the California Mens Colony expansion and that the City go on record as willing to join the City and County of San Luis Obispo in this action. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. B-1 FINAL ADOPTION'OF FISCAL YEAR 1981-82 BUDGET. There was a general discussion on the Public Services Department and the Recreation Department budgets by the Council. Chief Olson requested that the .Council.consider contributing our pro-rata share to fund a narcotics task force for tfie County. The -State is withdrawing their narcotics related task force person and a means of introducing this to.the local governments: The maximum cost to the City would be approximately $7,000. Since a need currently exists for a narcotics task force, staff would recommend that Council approve this item. This task force will consist of two sheriff deputies, a SLO City Officer, and a State Narcotics agent. If the local governments support this proposal, the State will pay 1/6 of the salary for the state narcotics agent and provide"office space. MOTION: Mayor Dorn moved that the City include this item in the 1981-82 budget and instruct the City Administrator to "find the money for this request from the budget. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. MINUTES - MORRO BAY CITIOUNCIL REGULAR MEETING - JULY 13, 1981 Page Eight Mrs. Sanders stated that the Recreation Department budget has an excess of $7,000 which could be used to fund the narcotics task forcer MOTION: Councilwoman Ward moved that $7,000 be transfered from the Recreation Department budget to the Police Department budget to fund the City's share of a narcotics task force. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. MOTION: Mayor Pro-Tem Lemons moved that Resolution 66-81, adopting the budget for fiscal year 1981-82, be approved. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. E-3 MANDATORY GARBAGE COLLECTION MOTION: Mayor Dorn moved that the City Administrator be instructed to bring to Council within 30 days a recommendation on mandatory garbage collection within the City that will save money to the users and provide better service to the residents. This was seconded by Councilwoman Ward and carried unanimously by roll call. vote. A brief executive session was called at 11:40 PM and the meeting reconvened at 12:00 Midnight. MOTION: Mayor Pro-Tem Lemons moved for approval of the resolution on the Fire Reserves. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. MOTION: Councilwoman Ward moved for the approval of the contract with the Miscellaneous.Employees. This was seconded by Councilman Anderson and carried unanimously by roll call vote. MOTION: Mayor Pro-Tem Lemons moved for the approval of the resolution relating to the classification,.compensation and terms of employment of non- management police employees of the City. This was seconded by Councilman Anderson and carried unanimously by roll call vote. MOTION: Councilwoman Deutsch moved that the meeting be adjourned. This was seconded by Mayor Pro-Tem Lemons and so carried. The meeting was adjourned at 12:02 PM. Respectfully submitted, PAUL BAXTER, City Clerk 46G40 by Bonita Murray, Deputy Vityi.'Clerk