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HomeMy WebLinkAboutJanuary to December (3)PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the regular meeting of the Morro Bay City Council scheduled for December 25, 1972, has been cancelled by minute order of the City Council and changed to Tuesday, December 19, 1972, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California. DATED: December 8, 1972 CITY OF MORRO BAY, CALIFORNIA DALE C. MITCHELL, Mayor 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING December 19, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of December 11, 1972 2. Minutes of the executive meeting of December 11, 1972 HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of Dave Hester from Pacific Telephone regarding "911" Emergency Telephone Number A-2 Report from Director of Public Works regarding vents in the Recreation Hall A-3 Report from Director of Public Works regarding springs in the City of Morro Bay A-4 Report from committee regarding Environmental Impact Reports UNFINISHED BUSINESS B-1 Review of revised City dock plans B-2 Approval of Virgil Moores' reconstruction of docks B-3 Resolution approving assumption of agreement of Vienna by Kennington and Troutt NEW BUSINESS C-1 Consideration of Planning Commission recommendations regarding P.G.&E, log barrier C-2 Letter from Chamber of Commerce regarding the beautifica- tion of Highway No. 1 C-3 Appeal of William R. Welles from Planning Commission's denial of Conditional Use Permit— Set hearing date INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 19, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Councilman McConaghay gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None Mayor Mitchell stated that he had a presentation he wished to make before Council proceeded with the agenda. On December 9, 1972, Stephen H. Elmore received the Eagle Scout Award, which is the first time this has been accomplished in Morro Bay in fifteen years. Mayor Mitchell presented Stephen, attending in full uniform, with a Certificate of Recognition from the City of Morro Bay. Council members commended Stephen on this achievement which requires a great deal of dedication. MINUTES The minutes of the regular meeting of December 11, 1972 were considered by the Council Councilman Donohoo stated that on page nine in number 2 under D-3, the motion directing Staff to acquire the private property in the Coleman Drive area should be changed to read that Staff be directed to have the property appraised, rather than acquired. MOTION: Councilman Donohoo moved that the minutes be approved as amended. The motion was seconded by Councilman Jennings and unani- mously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of Dave Hester from Pacific Telephone Company regarding "911" Emergency Telephone Number Mr. Hester, from Pacific Telephone Company, informed the Council of the requirements of Assembly Bill 515 which states that every public agency which provides, or has authority to provide, police, fire fighting, or emergency medical services, must establish a "911" system by December 31, 1982. Tentative plans must be completed by December 31, 1975 with completion of final plans by January 31, 1977. Mr. Hester stated that this "911" number will be universal and will eliminate the seven digit number for emergencies. The telephone companies will act in an advisory capacity to the agencies, but the cities must develop the system, pay for the installation and provide the personnel to operate the system. It is not known how much this project will cost, but it is felt that some federal assistance might be obtained. Staff was directed to work with Mr. Hester on this project. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 19, 1972 Page Two A-2 Report from Director of Public Works regarding vents in the Recreation Hall Mr. Stuart stated that he had contacted a professional heating firm to look at the building and recommend to the city what might be a feasible ventilation system. The best solution is a complete ventilation system which would, however, cost several thousand dollars. They then suggested the installation of two ventilators with motorized dampers in the roof. The motorized dampers would operate in conjunction with the present heating system and it is possible that they might cause a draft. The cost would be approxi- mately $800.00. The firm contacted was one located within the county. Councilman McConaghay felt that a firm within the City should be contacted and perhaps a lower quote could be obtained. Mayor Mitchell and Councilman Donohoo felt that this matter should wait until budget time. Mr. Joseph Giannini felt that it is necessary that a venti- lation system be installed or that a "No Smoking" policy be adopted during Council meetings. Mr. Stuart was directed to check with heating firms within the City regarding the price for the purchase and installation of these vents and report back to Council. A-3 Report from the Director of Public Works regarding springs in the City of Morro Bay Mr. Stuart stated that a question had been raised about a specific spring located on Juniper South of Elena in Del Mar. The comment was made that Mr. Thomas had had the spring sealed, which is incorrect. In the spring of 1969, the City experienced very heavy rainfall which caused ground water seepage in the area. A contractor, wanting to build a retaining wall, was having diffi- culty with this seepage and the City installed a perforated pipe which collected the water and carried it to the street where it continued through the City's drainage system. The seepage continued for quite awhile, but the City has not seen any sign of it this year. Mr. Stuart stated that because of the level of these springs and because of the minimal amount of water produced, it is not feasible to develop them. Councilman McConaghay felt that it is possible that water could be found in the area with these evidences of springs and perhaps a mistake was made in not exploring the area for a possible source of water. Mr. Neil Moses stated that Mr. Domenghini had drilled two test holes on his property some time back and the City might be well advised to check these out. Mr. Moses was informed that the City is doing just that. Mr. Stuart stated that the exploration is not finished; Staff has just requested permission from Council to drill the promising test holes found to date, but plans are to continue the search for water. 1] u MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL December 19, 1972 Councilman Jennings stated that the City is exploring every possible means for a water source with diligence and wanted the people to know that the City is by no means being lax in this search. Mr. Giannini suggested that Council get in touch with Mr. Troutt, Sr. as he may have some interesting information for the City. A-9 Report from committee regarding Environmental Impact Reports Mayor Mitchell stated that a committee had been formed to study the effects of the recently enacted 120 day moratorium on submission of Environmental Impact Reports. Councilman Jennings, chairman of the committee, reported on their deliberations. He stated that there was good representation at the meeting of the various interest groups and all had an opportunity to speak. At the conclusion of the meeting, the committee had decided that it would be best to continue with the Environmental Impact Reports the way they are as the City had a very good set of guidelines to follow. The only complaint was that the advertising of project takes too long. Councilman Jennings asked Mr. LeSage if it would be possible for the City to advertise in the Telegram -Tribune and Mr. LeSage said that the law states that the advertising must be done in a newspaper in general cir- culation within the City: so the City should continue advertising with the local newspaper. It was recommended by the committee that the City take no action with regard to the new legislation which would allow the City to change the requirements during the period of the moratorium. It was noted that even those projects such as single family dwellings, exempted from the guidelines as requiring an Environmental Impact Report, have to be advertised to give the public an opport- unity to object if they see fit. Councilman McConaghay felt that the advertising of these exempted projects is not necessary. Mr. Neil Moses asked what the banks had to say regarding loans on Environmental Impact Report projects. Councilman Jennings stated that the banks have their own Environmental Impact Reports that must be filled out. The committee had made no reference to Proposition 20, because it is not yet known what will be required. Mayor Mitchell stated that he had reviewed several other Environmental Impact Report guidelines and found that Morro Bay has very satisfactory guidelines to work by. UNFINISHED BUSINESS B-1 Review of City dock plans Mr. Warden stated that Council had previously approved.the dock plans for the Dunes Street end and the launching ramp, but since then there has been cause to revise these plans. He presented 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 19, 1972 Page Four maps showing that the docks to the South of the launching ramp were extended to approximately seventy feet from the shore line because of the shoaling in the area. The Planning Commission has approved this change and it is necessary for the Council to also approve it so that the revised plans may be submitted to the Corps of Engineers for approval. Councilman Keiser asked about sewage facilities and Mr. Warden informed Council that it was the intention of Staff to provide these facilities on Lease Site No. 100, 101, 100W and 101W when that lease terminates in April of 1973. Council was in receipt of a memorandum from the City Attorney which advised them that it would not be in the best interests of the City, because of the penalties involved with respect to Propo- sition 20, to begin construction on these docks until the plans are submitted to the Regional Commission for approval. Mayor Mitchell asked if the audience had any comments regarding this project. There were none and the following motion was proposed: MOTION: Councilman Jennings moved for the approval of the revised plans for city docks and that they be submitted to the Corps of Engineers for approval. The motion was seconded by Councilman Keiser and unani- mously carried. MOTION: Councilman Jennings moved that Council defer any construction of the docks until approval is obtained from the Regional Commission in accordance with Proposition 20. The motion was seconded by Councilman McConaghay and unanimously carried. B-2 Approval of Virgil Moores' reconstruction of docks Mayor Mitchell stated that Council had previously approved a small extension of Mr. Moores lease site for the purpose of this reconstruction. Mr. Warden presented the plans for this project and informed the Council that the Planning Commission has approved it and has found that it has a negative impact on the environment. This report has been submitted to Council. It was noted that the City need not be concerned with the penalties of this project if it does not conform with Proposition 20; this is the responsibility of the developer. Mayor Mitchell asked if the audience had any comments on this project; there were none. MOTION: Councilman Donchoo moved that Council approve the action of the Planning Commission with regard to Mr. Moores'request for reconstruction of docks and find that the project has no significant environmental impact. The motion was seconded by Councilman Jennings and unani- mously carried. 9 MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL December 19, 1972 B-3 RESOLUTION NO. 115-72. Resolution approving assumption of agreement of Vienna by Kennington and Troutt Mayor Mitchell reviewed this project and stated that the sub- division required that a bond in the amount of $30,000 be deposited to guarantee the project. Since the ownership is changing hands, it is in'order for the Council to pass a resolution making Kennington and Troutt, the new owners, responsible for the project and deposit- ing a bond. MOTION: Councilman Jennings moved that Resolution No. 115-72 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried.. Mr. Warden read Resolution No. 115-72 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 115-72. The motion was seconded by Councilman Donohoo and unani- mously carried by roll call vote. NEW BUSINESS C-1 Consideration of Planning Commission recommendations regarding Pacific Gas and Electric log barrier Mr. Warden presented plans for the Council to view and explained that the log barrier would prevent debris from entering the plant's cooling system. It would not extend any farther into the bay than the existing structure in front of the General Refrigeration Company. MOTION: Councilman Jennings moved that Council grant approval of the plan, make a finding that the project has a negative impact on the environment and that it be forwarded to the Corps of Engineers for review. The motion was seconded by Councilman Keiser and unanimously carried. C-2 Letter from Chamber of Commerce regarding the beautification of Highway No. 1 Council was in receipt of a letter from the Chamber of Commerce informing them that they had been in contact with the Division of Highways regarding planting the center strip of Highway One from its intersection with Morro Bay Boulevard on the South, to Highway No. 41 on the North. They said that they would be willing to recommend that the center strip be planted with Oleanders if the City would furnish the necessary irrigation water which would be approximately 20,000 gallons per month. The Division of Highways would lay the pipe and maintain the plantings at no cost to the City. Mr. Warden recommended that Council defer this matter to a later date in view of the City's water shortage. Mayor Mitchell asked if it would be possible:to use reclaimed water for this purpose. Mr. Warden stated that the largest truck the City has MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 19, 1972 Page Six to transport the water has a 500 gallon capacity and at 20,000 gallons required per month, it would not be feasible to transport it. Mr. Giannini stated that on driving into San Luis Obispo from Morro Bay, he has noticed several new billboard signs have been erected and he felt that Council should recommend to the County that these be eliminated or that no new signs be put up. Council members stated that they had not noticed the signs but would pay special attention when next going to San Luis Obispo. Staff was directed to contact the County about this and schedule it as an agenda item to be discussed. C-3 Appeal of William R. Welles from Planning Commission's denial of a Conditional Use Permit - Set hearing date MOTION: Mayor Mitchell moved that Council set a hearing date for this matter for January 8, 1973. The motion was seconded by Councilman McConaghay and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser reported on a meeting of the Comprehen- sive Health and Regional Planning Committee. She stated that at their last meeting they had discussed the possibility of establishing a rehabilitation center for mental health and physical defects in the county. Mr. Tom Crane, an architect, will be making a study of the needed facilities and submit it to the committee in June of 1973. During this time several subcommittees have been set up to investigate the need of the county in this respect. (2) Councilman Donohoo stated that the local California Council on Criminal Justice has selected him to represent councilmen in San Luis Obispo County in this organization. D_2 City Attorney (1) Mr. LeSage reported that the Pipkin brief has been filed, and that the American/West suit has been transferred to the presiding judge of Santa Barbara County. Councilman Keiser stated that she had just received a note from a Mr. Fry who wished the contents to be included in the minutes: "I think that I shall never see A billboard lovely as a tree. In fact, unless the billboards fall I'll never see a tree at all" Ogden Nash D-3 City Administrator (1) Mr. Warden requested Council permission to demolish the MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL December 19, 1972 the house at 555 Harbor Street. MOTION: Councilman Donohoo moved that Staff be - authorized to proceed with the demolition of the building at 555 Harbor Street. The motion was seconded by Councilman Jennings and unanimously carried. (2) Mr. Warden quoted prices received from a photographer to have pictures taken of all past and present councilmen so that the City will have a permanent record of these officials. There was some discussion with Mr. Giannini stating that he felt it was a waste of money. MOTION: Councilman Jennings moved that Council approve the photography of past and present councilmen for 5x7 black and white pictures. The motion was -seconded by Councilman Keiser and carried with Councilman McConaghay voting no. (3) Mr. Warden presented the Expenditure Report for the period December l through 15, 1972, for the consideration of the Council. MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period December 1 through 15, 1972. The motion was seconded by Councilman Keiser. Councilman McConaghay had a question about the revenue sharing money and Mr. Warden stated that the money had been deposited and then two checks made out, one to each of the banks in Morro Bay, and deposited in time deposits. The motion was unanimously carried. (4) Mr. Warden presented the Financial Report for the period July 1 through November 30, 1972 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Report for the period July 1 through November 30, 1972. The motion was seconded by Councilman McConaghay and unanimously carried. CORRESPONDENCE 1. Letter from the City of Pismo Beach requesting Council's attendance in their annual Clam Festival parade on March 3, 1973. MOTION: Councilman Donohoo moved that the corres- pondence be filed. The motion was seconded by Councilman Jennings -and unanimously carried. 0 .J MINUTES - MORRO Regular Meeting Page Eight ADJOURNMENT BAY CITY COUNCIL December 19, 1972 MOTION: Councilman Jennings moved that the meeting adjourn to executive session to discuss personnel matters. The motion was seconded by Councilman Keiser and unanimously carried. The meeting adjourned to executive session at 9:18 p.m. and returned to regular session at 9:45 p.m. MOTION: Councilman Jennings moved that Mr. John Mazur be appointed as full time Planning Director with salary beginning at mid- range of the salary established for that position. The motion was seconded by Councilman Donohoo and unanimously carried. MOTION: Councilman Jennings moved that the Employ- ment Agreement for M. L. Warden as City Administrator be approved. The motion was seconded by Councilman Keiser and unanimously carried. MOTION: Mayor Mitchell moved that the meeting be adjourned. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting was adjourned at 9:47 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Monday, December 18, 1972 at 7:00 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider applicants for Planning Director. DATED: December 14, 1972 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M. L. WARDEN, City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting December 18, 1972 7:00 p.m. City Hall Conference Room The meeting was called to order at 7:22 p.m, by Mayor Mitchell. PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None Mayor Mitchell stated that the meeting had been called for the purpose of interviewing applicants for Planning Director. MOTION: Councilman Donohoo-moved that the meeting adjourn to executive session to interview applicants for Planning Director. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned to executive session at 7:25 p.m. and returned to regular session at 10:04 p.m. MOTION: Councilman McConaghay moved that the meeting be adjourned. The motion was seconded by Council- man Donohoo and unanimously carried. The meeting adjourned at 10:05 p.m. Recorded by: M. L. WARDEN, City Clerk z-%", �a By: Ardith Davis Deputy City Clerk Added CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING December 11, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of November 27, 1972 HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of Mary Phillips regarding Ordinance No. 9, Section 8202 - 72 hour parking A-2 Report on water rationing from Staff A-3 Report on water exploration program A-4 Preliminary report on environmental impact moratorium A-5 Report of Staff regarding advertising for Environmental Impact Statement permits A-6 Report of Staff regarding cat control A-7 Appearance of CABLE TV regarding rate increase UNFINISHED BUSINESS B-1 Resolution concerning wastewater reclamation B-2 Resolution amending Lease Sites No. 50 and 50W - Fry B-3 Resolution amending Lease Site No. 18 - Baier/Myers B-4 Resolutionsregarding Lease Sites No. 96 and 96W - Richey NEW BUSINESS C-1 Request of Ray A. Gallo for Brebes Morro Bay Fisheries, Inc. - Lease Sites No. 110W, 111W, and 112W C-2 Resolution renewing waterfront Use Permit - Moores, 113W INDIVIDUAL DETERMINATION 'AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 11, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Councilman McConaghay gave the invocation. ROLL CALL PRESENT: Councilman Donohoo, Mayor Mitchell ABSENT: None MINUTES Jennings, Keiser, McConaghay and The minutes of the regular meeting of November 27, 1972 were considered by the Council. Councilman Donohoo stated that he wished to call the attention of Staff to one error in the minutes. On page nine, paragraph nine, the minutes make reference to "revenue sharing money the city has received". This should be changed to "revenue sharing money tFe— city will receive". MOTION: Councilman Donohoo moved that the minutes be approved as amended. The motion was seconded by Councilman Jennings and unani- mously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of Mary Phillips regarding Ordinance No. 9, Section 8202 - 72 hour parking Mrs. Phillips stated that as she had not prepared a statement regarding this matter because she wished to speak on the other items.: on the agenda; she wished the matter deferred with the opportunity to reschedule at a later date. Mayor Mitchell stated that she had been scheduled for this agenda at her request and that if she wished to discuss Ordinance No. 9 at -all; it should be done at this time. He would, however, dispense with the item at her request but would not guarantee that he would reschedule it at a later date. Mrs. Phillips refused agenda time for Ordinance No. 9. A-2 Report of water rationing from Staff Mayor Mitchell reviewed the memorandum of Mr. Warden in which he recommended that Council give consideration to removing the water rationing program with the understanding that the water rationing schedule could, at any time, be reimplemented if necessary. MOTION: Councilman Donohoo moved that Council accept the recommendations of Staff as suggested. The motion was seconded by Councilman Jennings. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 11, 1972 Page Two Councilman Keiser felt that perhaps it is too soon to eliminate the water rationing schedule; it might be well to leave the schedule as it is until after the first of the year and then Council can take another look at the water situation. Mayor Mitchell stated that all citizens had been made very much aware of the water situation and were cooperating nicely; if the rationing schedule is lifted, he did not feel that the people would unnecessarily waste water. Mr. Warden presented two charts to the Council which showed the decrease in production figures over the last few months and the static water level comparison for the 1971 and 1972 years. Mr. Joseph Giannini stated that he felt the Council should at least wait another thirty days before they changed the water ration- ing schedule. Councilman McConaghay felt that a month delay in changing the rationing schedule would be a good idea. At that time, perhaps there will or will not have been more rain and the City can see if it is wise to eliminate the rationing of water. Mrs. Phillips presented samples of water she had collected which she felt indicated the poor quality of water being consumed in the City of Morro Bay. She was informed that the Health Depart- ment is the correct place to submit her samples and that the Health Department conducts their own testing of water in the City and obtains ten samples a month from the City's supply of water. Mayor Mitchell stated that he saw no harm in postponing the lifting of the water rationing for one month and indicated that he would vote in that manner. The motion failed on the following voice vote: AYES: Councilmen Donohoo and Jennings NOES: Councilmen Keiser, McConaghay and Mayor Mitchell Staff was directed to bring this matter back to Council in one month. A-3 Report on water exploration program Mr. Doug Stuart summarized his report to Council regarding the drilling sites tested as potential well sites. He stated that out of the nine test holes drilled, the three that showed indications of good potential in terms of water production were Errol Street, Keiser Park South and Keiser Park North, in that order. He recommended that Council approve drilling, developing and pump testing the three promising test holes. This should cost approximately $1,800.00 per unit. Mr. Warden informed Council that these costs would come out of the increased rates now being charged to water customers. Mrs. Phillips asked if the springs sealed up by Mr. Thomas had E • MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL December 11, 1972 been investigated as to a possible source of water. Staff was directed to check with Mr. Thomas regarding this matter. MOTION: Councilman Jennings moved that Staff be authorized to proceed with the drilling and testing of Sites 4, 5, and 6 as outlined in the report. The motion was seconded by Councilman Keiser and unani- mously carried. A-4 Preliminary report on environmental impact moratorium Mr. Warden reviewed his memorandum to the Council. He stated that the City could either completely remove any requirements for reports pending formalization of State guidelines,or continue its present procedures and amend them or revise them when the City receives the State guidelines. Mr. LeSage had informed Mr. Warden that it is not necessary that the disclaimer approved by Council at the previous meeting be attached to the building permits. This need only be handed to the developer to inform him of the law. Mr. Warden recommended that the City continue with its present procedures. He said that as a result of his attendance at the League of California Cities meeting in San Francisco regarding Proposition 20, most of the other cities were going to their Councils: with the same recommendations. The Planning Staff of the County is also going to the Board of Supervisors with this recommendation. He suggested that Council appoint a committee and set a date/ before the next Council meeting on the 19th to study this matter. He expects to receive legislation regarding this and feels that the City would be in a better position to study the matter after he receives it. Mr. Minugh, a realtor, asked the Council if they would consider removing the requirement that the permits approved by Staff/ or exempted from Environmental Impact Reports by the guidelines set by Council�be advertised. He felt that this is unnecessary under the law. Council felt that this could be studied by the committee to be appointed by Council. MOTION: Mayor Mitchell moved that any action on the authorized moratorium be deferred, that the matter be referred to a committee composed of appropriate Staff members as well as two Council members to meet and make recommendations to the Council either as to the imposition of a moratorium or to any change in the guidelines or to leave the matter the way it is. The motion was seconded by Councilman Donohoo and unanimously carried. Mayor Mitchell appointed Councilmen Keiser and Jennings to the committee to represent Council. The meeting was set for Wednesday, r1 L rI MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL December 11, 1972 December 13, 1972 at 4:30 p.m. in the City Hall Conference Room. A-6 Report of Staff regarding cat control Council reviewed the report from the Chief of Police regarding cat control in the City by Woods Animal Shelter. Councilman Keiser felt that an organized attempt should be made to contact Dr. Wixom of Coast Veterinary Clinic and speak to him regarding a clinic for the spaying of animals. She felt that if the price was reasonable, more people would have their animals spayed. She stated that she has talked to him but did not -receive a positibe -response. Councilman McConaghay stated that he was concerned with the people who do not own cats but are subjected to annoyances from the pets of other people. Mr. Warden was a-sked'-.to speak to the City Attorney and find out the legality of possible subsidizing for the spaying of cats and dogs and speak to Dr. Wixom and find out if a special rate could be set up for this project. It was noted that item A-5 on the agenda had been skipped. A-5 Report of Staff regarding advertising for Environmental Impact Statement permits Mr. Warden stated that in response to Councilman McConaghay's question in regards to expediting the advertising of the Environmental Impact Reports, Staff makes every attempt to get these in the papers as soon as possible. They are usually approved by either the Planning Commission or the City Council on a Monday night and have to be into the papers by 9:30 a.m. on Tuesday. It takes approximately eighteen to twenty days to process these reports completely. Councilman McConaghay stated that part of the problem stems from the fact that the City has a weekly newspaper instead of a daily one. RECESS 8:42 p.m. RECONVENED 8:52 p.m. A-7 Appearance of Central California Communications Corporation regarding Cable T.V. rate increase Mr. Arthur Hapgood was present representing Central California Communications Corporation's Cable T.V. office and stated that the corporation justified the increasing of rates on the following basis: (1) Increased costs of operation, (2) Increased annual charges paid to the Microwave Transmission Corporation for additional microwave relay station near Casmalia, and (3) the installation of a completely new cable system in Morro Bay and adjacent county areas, at a cost of approximately $300,000.00. He suggested that Council select a committee to study this matter and recommend to Council whether or not the increase is justified. Council agreed that a committee should study this matter. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 11, 1972 Page Five Councilman Jennings stated that the ordinance governing this fran- chise also needs revisions to comply with FCC regulations. MOTION: Mayor Mitchell moved that Council establish a committee to meet with representatives of Central California Communications Corporation Cable T.V. Division, for the purpose of determining whether a rate increase is justified and that this committee make a recommendation of a justified amount and report back to Council. The motion was seconded by Councilman Keiser and unani- mously carried. It was noted that a public hearing :•is required in order to increase the rates for Cable T.V. service. Mayor Mitchell appointed Councilman Jennings and Councilman Keiser to serve on this committee with Councilman Jennings as chairman. Staff was directed to ask Planning Commissioner Don Brown if he would also serve. UNFINISHED BUSINESS B-1 RESOLUTION NO. 108-72. Resolution concerning wastewater reclamation MOTION: Councilman Donohoo moved that Resolution No. 108-72 be read by title only. The motion was seconded by Councilman Keiser. Mayor Mitchell stated that this resolution is in line with discussions with engineers and their recommendations for reuse of waste water and requests that the Regional Water Quality Control Board establish the requirements and standards for the reuse of waste water. Councilman Jennings requested that the resolution be read in its entirety. Mr. Warden read Resolution No. 108-72 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 108-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote,.' B-2 RESOLUTION NO. 109-72. Resolution amending Lease Sites No. 50 and 50W - Fry Mayor Mitchell stated that this resolution provides for the additional use of underwater survey and maintenance on Dr. Fry's lease site. MOTION: Councilman McConaghay moved that Resolution No. 109-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. MINUTES - MORRO 13AY CITY COUNCIL Regular Meeting December 11, 1972 Page Six Mr. Warden read Resolution No. 109-72 be title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 109-72. The motion was seconded by Councilman Donohoo and carried on the following roll call vote: AYES: Councilmen Donohoo, Jennings, McConaghay and Mayor Mitchell NOES: Councilman Keiser B-3 RESOLUTION NO. 110-72. Resolution amending Lease Site No. 18 Baier Myers Mayor Mitchell stated that this amendment provides•.for':_the extention of the term of the lease to a total period of forty years from October 1, 1969. MOTION: Councilman Donohoo moved that Resolution No. 110-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 110-72 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 110-72. The motion was seconded by Councilman Keiser and unani- mously carried by roll call vote. B-4 Resolutions regarding Lease Sites No. 96 and 96W - Richey RESOLUTION NO. 111-72. Resolution authorizing changes in permitted uses MOTION: Councilman Keiser moved that Resolution No. 111-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 111-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 111-72. The motion was seconded by Councilman Keiser and unani- mously carried by roll call vote. RESOLUTION NO. 112-72. Resolution approving sublease of Lease Sites No. and 96W MOTION: Councilman Jennings moved that Resolution No. 112-72 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Resolution No. 112-72 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 112-72. The motion was i MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 11, 1972 Page Seven seconded by Councilman Donohoo and unani- mously carried by roll call vote. NEW BUSINESS C-1 Request of Ray A. Gallo for Brebes Morro Bay Fisheries, Inc. - Lease Sites No. 110W, 111W, and 112W Mayor Mitchell stated that the letter requested an extension of one year from the February 1, 1973 deadline, in which to submit plans for construction on this lease site. The allowed uses are restaurant, cocktail lounge or seafood market. The lease holders felt that another restaurant on the Embarcadero is not a desireable use and are requesting the additional time in order to determine what the best use for this lease site would be. Mr. Gallo was present and the Mayor questioned him as to whether or not the Council, if the request was approved, would be leaving the door open for the lessee to make a sale of the lease site when Council has expressed an opposition to the trading in City leases. He stated that Council had previously granted an extension on this lease site because of the probate of the estate. Mr. Gallo stated that the purpose of the request was not to provide the lessee an opportunity to sell. He said that because of the late date on which the lease was acquired, it is not possible to explore other uses which would be better suited than a restaurant for this lease site. Councilman McConaghay stated that special consideration has been given to this lease site previously. The lessee knew when he entered into this lease what he was getting into and should have been prepared for it. He felt the lease must be complied with as it is or be forfeited. Mayor Mitchell did not feel that it takes one year to decide on a different use and submit plans for such. Mr. Gallo felt that it would take time to find tenants for shops, etc., or for whatever use was decided upon. Mr. Gallo stated that if the Council did not grant the exten- sion, the lessee intends to construct a restaurant on the premises for the minimum amount allowed by the lease which is $50,000.00. Mayor Mitchell stated that perhaps the Council could compromise and give the lessee six months extension on the condition that the lessee would not market the lease. Mr. Gallo felt that his client could not go along with the condition, but would probably accept the six month extension. Mr. Warden informed the Council that according to the lease the February 1, 1973 deadline requires that plans be submitted for construction. The lessee then has one year to begin construction and must pursue completion with due diligence. It was noted that Proposition 20 could have effects on construc- tion. MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL December 11, 1972 Mr. Warden asked if Mr. Gallo might contact his client regard- ing the Council's considerations and report back to Council. Mr. Gallo stated that they have people working on plans for a restau- rant in order to comply with the lease and if they get far enough along with the plans, they will simply submit them to Council. MOTION: Councilman Keiser moved that the extension be denied. The motion was seconded by Councilman McConaghay. Mayor Mitchell felt that this would be inappropriate because the Council is then saying there will be a restaurant on the lease site. Councilman McConaghay felt otherwise and stated that the lease had been handled with special care and it is now time for it to be complied with. The motion carried on the following roll call vote: AYES: Councilmen Jennings, Keiser and McConaghay NOES: Councilman Donohoo and Mayor Mitchell C-2 .RESOLUTION NO. 113-72. Resolution renewing waterfront Use Permit - Moores, 113W MOTION: Councilman Donohoo moved that Resolution No. 113-72 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Warden read Resolution No. 113-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 113-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser stated that Stephen H. Elmore had received the Eagle Scout Award, which is the first time this has been accomplished in Morro Bay in fifteen years. She felt that this achievement should be recognized with a Certificate of Recognition. MOTION: Councilman Keiser moved that a Certificate of Recognition be prepared and given to Stephen H. Elmore for his achievement on becoming an Eagle Scout. The motion was seconded by Councilman Jennings and unani- mously carried. (2) Councilman McConaghay stated that the Ministerial Associa- tion should be contacted and asked to appoint a City MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL December 11, 1972 Chaplain to be available at City Council meetings and involved in other City functions. Staff was instructed to forward a request to the Ministerial Association in connection with this. D-2 City Attorney Due to illness, Mr. LeSage was not present D-3 City Administrator (1) Mr. Warden stated that he had just received papers re- garding the completion notices for Improvement District No. 6 and there is a resolution which must be passed by Council. Mr. Warden was submitting it to Council at this time because upon adoption of this resolution, the remaining ten percent of the amount due the contractor shall be paid thirty-five days afterwards. This will start the time moving and otherwise the contractor will have to wait another seven days. However, if Council would rather an agenda item be made of this, it can be postponed until the 19th. Mr. Stuart stated that there is one small item to be completed, however, the contractor will not be paid at the end of thirty-five days unless it is. RESOLUTION NO. 114-72. Resolution accepting work and direct- ing recordation - Improvement District No. 6 MOTION: Councilman Donohoo moved that Resolution No. 114-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 114-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 114-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. (2) Mr. Warden stated that Council had requested that he look into the possibility of securing the private land in the area of Coleman Drive. An appraisal of this property is advisable and should cost somewhere in the area of $500 to $800. MOTION: Councilman Jennings moved that Staff be directed to take the necessary steps to have the property appraised." The motion was seconded by Councilman Keiser. Mr. Giannini stated that he had had an appraisal made of this property which cost him $600 and he would be glad to let Council look at it if they wished. He felt that it was a very good report. Mayor Mitchell thanked Mr. Giannini and stated that his report might be very helpful to the Council. He stated that it might be well to have an appraiser that works in land condemnations. Councilman Donohoo stated that since money is not budgeted for this purpose, he would have to vote against it because he doesn't MINUTES - MORRO Regular Meeting Page Ten BAY CITY COUNCIL December 11, 1972 want to spend unbudgeted funds for everything that comes up. The motion was carried with Councilman Donohoo voting no. (3) Mr. Warden stated that he was in receipt of a telegram to the Mayor in which Senators Cranston and Tunny in- formed the City that its;: share of revenue sharing for six months, January through June, 1972, is $53,015 which the City has received. Mr. Warden said that the money has been deposited in time deposits until Council decides for what purposes the money will be used. (4) Mr. Warden read a letter from a Mr. George Almand who parks a motor coach on his property at 643 Kings Avenue. He stated that the motor coach is fully self-contained and requires no hook-ups. Mr. Almand had been informed of a violation of section 5106.6 of the zoning ordinance and is questioning the validity of this ordinance. Mr. Warden suggested that perhaps the ordinance needs updating in view of the current usage of boats and motor homes. He asked if Council would appoint a committee to study this matter and make recommendations to Council for changes in the ordinance. MOTION: Councilman Keiser moved that the matter be deferred to a committee to study this problem regarding motor coaches, Section 5106.6 of the Zoning Ordinance. The motion was seconded by Councilman Donohoo and unanimously carried. Mayor Mitchell appointed himself and Councilman Donohoo as members of the Public Safety Committee to study this matter. (5) Mr. Warden stated that he had written a letter to Dr. Kusomoto of the Health Department regarding smoking in the Recreation Hall during Council meetings. Dr. Kusomoto called and informed him that there were no other health problems with which the Council should be concerned. Mr. Giannini suggested vents in the ceiling might be a good idea. It was noted that this was considered, but it was felt that vents let out the heat as well as the smoke. MOTION: Councilman Keiser moved that a "No Smoking" policy be adopted during Council meetings. The motion was seconded by Mayor Mitchell and failed on the following roll call vote: AYES: Mayor Mitchell and Councilman Keiser NOES: Councilmen Donohoo, Jennings and McConaghay Staff was directed to talk to the building inspector further and see if something can be done to alleviate the smoke. (6) Mr. Warden presented the Expenditure Report for the period November 16 through 30, 1972 for the consideration of the Council. MINUTES - MORRO Regular Meeting Page Eleven BAY CITY COUNCIL December 11, 1972 MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period November 16 through 30, 1972. The motion was seconded by Councilman Jennings and unanimously carried. CORRESPONDENCE 1. Letter from Robert Sanders accepting the appointment to the Planning Commission. 2. Correspondence from the Department of Justice regarding the Whale Rock Reservoir. 3. Letters from the Chamber of Commerce to Chief Schacht and Chief Rieger thanking them for their.help during the Christmas parade. 4. Letter from the City of Port Hueneme regarding recommendations to the League Policy Committees. Councilman Donohoo indicated that he would serve on the Public Safety Committee and Councilman Keiser on the Urban Environmental Quality Committee. MOTION: Mayor Mitchell moved that Council approve the recommendation of Councilman Donohoo to the Public Safety Committee and Council- man Keiser to the Urban Environmental, Quality Committee. The motion was seconded by Councilman Jennings and unanimously carried. MOTION: Councilman Donohoo moved that the corres- pondence be filed. The motion was seconded by Councilman Jennings and unanimously carried. ADJOURNMENT MOTION: Councilman Keiser moved that Council adjourn to executive session to discuss personnel matters. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned to executive session at 10:15 p.m. and returned to regular session at 10:18 p.m. MOTION: Councilman McConaghay moved that the meeting be adjourned. The motion was seconded by Councilman Keiser and unanimously carried. The meeting adjourned at 10:18 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING November 27, 1972 7:30 p.m. Morro Bay, Recreation Hall Call to Order Pledge of Allegiance Invocation Roll' Call MINUTES 1. Minutes of the special meeting of November 11, 1972 2. Minutes of the executive meeting of November 11, 1972 3. Minutes of the regular meeting of November 13, 1972 4. Minutes of the executive meeting of November 13, 1972 5. Minutes of the adjourned regular meeting of November 15, 1972 HEARINGS, APPEARANCESAND REPORTS A-1 Report regarding ventilation of the recreation hall BUSINESS B-1 Planning Commission request for review of Environmental Report for L. E. Palmer B-2 Request of Dr. Arthur Fry for consideration.6f-use on Lease Site No. 50 & 50W B-3 Planning Commission request for approval of enlargement of upstairs of H.M.S. Salt Building, Lease Site #10 B-4 Review of lease site expenditures and request for lease site extension - Lease Site No. 18, Baier-Myers B-5 Naming of city streets - Convalescent Hospital request B-6 Resolution requesting permission of the California Regional Water Quality Control Board to submit a preliminary technical report by January 15, 1973, with final submission on or before January 1, 1974 B-7 Resolution and use permit granting permission to the Chamber of Commerce to conduct a Christmas parade B-8 Resolution and order abandoning a portion of Main Street, Chauvet B-9 Resolution establishingrfees for Environmental Impact Reports NEW BUSINESS C-1 Request of Shirley L. Richey to sub -lease Lease Site No. 96 and 96W C-2 Resolution accepting easement and directing recordation - Estero Bay United Methodist Church INDIVIDUAL DETERMINATION AND/OR 'ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 27, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Wood of the Assembly of God Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Mayor Mitchell ABSENT: None MINUTES Jennings, Keiser, McConaghay and The minutes of the special and executive meeting of November 11, the regular and executive meeting of November 13, and the adjourned regular meeting of November 15, 1972 were considered by the Council. MOTION: Councilman Donohoo moved for the approval of the minutes. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Report regarding ventilation of the recreation hall Mayor Mitchell stated that at the last meeting of the Council, Councilman Keiser suggested that Staff look into the possibility of ventilation of the recreation hall to alleviate the stuffiness of the hall caused by smoking. Council was in receipt of a report from the Director of Public Works stating that as a result of his investigation, an independent roof vent would exhaust heat as well as smoke and therefore is not practical and a ducted ventilation system operating in conjunction with the furnace would cost several thousand dollars. He felt that the best solution would be a "No Smoking" policy during public meetings. Councilman Keiser stated that she had brought this matter up because of a letter received from the Department of Public Health informing her that a citizen had complained about the smoke during Council meetings. She felt that it would not be too much to ask those attending the meetings not to smoke for two or three hours, however, perhaps it would be a good idea for Staff to write to Dr. Kusumoto and ask him if a "No Smoking" policy during public meetings would satisfy the Health Department. MOTION: Councilman Keiser moved that Staff direct a letter to Dr. Kusumoto and ask if there are any other health problems besides smoking that Council should consider re- garding -the ventilation of the recreation hall. The motion was seconded by Mayor Mitchell and unanimously carried. rI rI MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL November 27, 1972 UNFINISHED BUSINESS B-1 Planning Commission request for review of Environmental Report for L. E. Palmer Mayor Mitchell stated that this was presented to the Council at their last meeting and Council had deferred the matter so that they would have time. -to study the report. Mr. Rogoway was present and showed the Council a diagram of what the completed building, which is to be a restaurant located on the Embarcadero, will look like. He stated that there had been some complaints from people owning the upland property that odors would be a nuisance, but Planning Commission members did not feel this was significant as the owner indicated the odors coming from the building would be minimal. Mr. Rogoway stated that he had made a finding that this project would not have a significant effect on the environment. MOTION: Mayor Mitchell moved that Council accept the report of Mr. Rogoway and make a finding that there is no significant environmental effect as a result of this project. The motion was seconded by Councilman Jennings and unanimously carried. B-2 Request of Dr. Arthur Fry for consideration of use on Lease Site No. 50 and 50W Mayor Mitchell explained that Council had considered the pro- posed improvements on this lease site at a previous meeting and had determined that a business must be run'in conjunction with a residence. Since then, Dr. Fry had submitted a business of underwater maintenance and survey for Council consideration. Dr. Fry was present to explain to. -the Council the nature of his proposed business. Dr. Fry stated that he would run the business out of the lease site and hire divers to perform the work. MOTION: Mayor Mitchell moved that Council approve the addition of underwater maintenance and survey for the use on Lease Sites No. 50 and 50W. Councilman McConaghay felt that the matter should be referred to the Planning Commission for determining the appropriateness of the use at a waterfront location. MOTION: Mayor Mitchell amended his motion to indicate that Council refer the question of underwater maintenance and survey as an additional use for this lease site to the Planning Commission for their consideration and recommendations to Council. The motion was seconded by Councilman McConaghay and unanimously carried. MOTION: Mayor Mitchell moved that the recommenda- tion of the Planning Commission to allow E MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL November 27, 1972 Dr. Fry to make additions to the property on the lease site, as outlined previously, be approved and that the lease be amended to indicate that the lease will terminate at the end of its seventeen year period. The motion was seconded by Councilman Donohoo. Councilman McConaghay stated that the approval of the amend- ment and improvements should be contingent upon Planning Commission approval of the use. MOTION: Mayor Mitchell amended his motion to indicate that approval be contingent upon Planning Commission approval of the use. The amend- ment was accepted by Councilman Donohoo and the amended motion was unanimously carried. B-3 Planning Commission request for approval of enlargement of upstairs of H.M.S. Salt Building - Lease Site No. 10 Mr. Rogoway presented the Council with diagrams illustrating the proposed additions to the building on the lease site. Mr. Maul was present and stated that the additions were for the purpose of additional storage space. MOTION: Councilman Jennings moved for approval of the recommendation of the Planning Commis- sion to allow the improvements on Lease Site No. 10. The motion was seconded by Mayor Mitchell and unanimously carried. B-4 Review of lease site expenditures and request for lease term extension - Lease Site No. 18, Baier and Myers Mayor Mitchell stated that Council had been presented with a request from Baier and Myers for maximum extension of their lease term due to expenditures for improvements exceeding $65,000. Sub- sequently, Council had received a list of these expenditures for their consideration. Mayor Mitchell raised the question as to what were allowed expenditures for improvements and Mr. Warden stated as long as the expenditures were used toward the improvements, they were legitimate. MOTION: Councilman McConaghay moved that Staff be authorized to bring back to Council a lease which would extend the lease term on Lease Site No. 18 to the maximum of forty years. The motion was seconded by Councilman Jennings and unanimously carried. B-5 Naming of city streets - Convalescent Hospital request The Council was in receipt of a memorandum from the City Admin- istrator stating that according to the Sub -Division ordinance of the City, it is not necessary to conduct a Council hearing with respect to the naming of a street. This only requires approval of the Planning Commission and the Commission was asking for Council concurrance. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 27, 1972 Page Four MOTION: Councilman Keiser moved that Council accept the recommendation of the Planning Commis- sion in naming the street in front of the Convalescent Hospital Teresa Drive. The motion was seconded by Councilman Jennings and unanimously carried. Councilman Donohoo stated that the street is not yet a dedicated city street and, therefore, no action whatsoever is required at this time. Mr. LeSage stated that Council approval now would suffice for when the street is dedicated. B-6 RESOLUTION NO. 103-72. Resolution requesting permission of the California Regional Water Quality Control Board to submit a preliminary technical report by January 15, 1973, with final submission on or before January 1, 1974 Mayor Mitchell stated that this resolution was prepared at the direction of Council subsequent to a report and recommendations from John Carollo Engineers. It is felt that if the City develops a reclamation system, they will not have to submit a final report to the Water Quality Control Board. MOTION: Councilman Donohoo moved that Resolution No. 103-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 103-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 103-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. B-7 RESOLUTION NO. 104-72. Resolution granting a Use Permit to the Chamber of Commerce for a Christmas Parade Mayor Mitchell stated that this parade had been scheduled for 6:30 p.m. and that the parade route had been slightly altered since the map attached to the Use Permit had been prepared. MOTION: Councilman Keiser moved that Resolution No. 104-72 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Resolution No. 104-72 by title only. MOTION: Councilman Donohoo moved for the approval of Resolution No. 104-72. The motion was seconded by Councilman Keiser and unani- mously carried by roll call vote. B-8 RESOLUTION NO. 105-72. Resolution and order abandoning a por- tion of Main Street, Chauvet Mayor Mitchell stated that this is the area discussed in public hearing with regard to a strip of property along Main Street. Council MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 27, 1972 Page Five had authorized Staff to prepare the necessary resolution abandoning this piece of property. MOTION: Councilman Donohoo moved that Resolution No. 105-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 105-72 by title only. MOTION: Councilman Jennings moved for adoption of Resolution No. 105-72. The motion was seconded by Councilman Donohoo and unani- mously carried by roll call vote. B-9 RESOLUTION NO. 106-72. Resolution establishing fees for Environmental Impact Reports Mr. Warden read Resolution No. 106-72 in its entirety. MOTION: Councilman Jennings moved for the adoption of Resolution No. 106-72. The motion was seconded by Councilman Keiser and unani- mously carried by roll call vote. NEW BUSINESS C-1 Request of Shirley L. Richey to sub -lease Lease Site No. 96 and 96W Mayor Mitchell stated that Council was in receipt of a letter from Shirley L. Richey, lessee of Lease Site No. 96 and 96W, to sub -lease the Four -Crabs Seafood Center to Mr. John Mitchell for the purpose of commercial fish processing plant and for the selling of fresh fish, both retail and wholesale. Mr. Warden stated that the Council must decide if it considers the selling of fresh fish, retail and wholesale, part of the use of commercial fish processing, which is already a specified use of the lease site. Mr. LeSage stated that the selling of fresh fish, retail and wholesale is not a specified use of this lease site and should be deferred to the Planning Commission for approval. MOTION: Councilman McConaghay moved that this matter be deferred to the Planning Commis- sion for approval of the use of selling fresh fish, retail and wholesale; and, contingent upon the approval of the Plann- ing Commission, Staff be authorized to proceed with the sub -lease. The motion was seconded by Councilman Jennings and unanimously carried. C-2 RESOLUTION NO. 107-72. Resolution accepting easement and directing recordation - Estero Bay United Methodist Church MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 27, 1972 Page Six MOTION: Councilman Donohoo moved that Resolution No. 107-72 be read by title only. The motion by seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 107-72 by title only. MOTION: Councilman Jennings moved for adoption of Resolution No. 107-72. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council (1) Mayor Mitchell stated that as a result of the passage of Proposition 20, the Coastline Initiative, it will be necessary for the City Selection Committee to appoint one councilman from the County to the Regional Board. He felt that since the Proposition affects the coastal communities, the representative should come from one of these cities. He suggested that Councilman McConaghay's name be submitted to the Selection Committee, for selection as a representative on the Regional Board. MOTION: Councilman Donohoo moved that Council go on record approving the selection of Councilman McConaghay to the Regional Board. The motion was seconded by Council- man Keiser and unanimously carried. Mayor Mitchell briefly explained the purpose of the Regional Board. (2) Mayor Mitchell stated that recently, Councilman Keiser, Mr. Warden and Doug Stuart had attended a meeting by the Board of Supervisors regarding the County CDM report. He asked Mr. Warden to report on this meeting. Mr. Warden stated that the City of Paso Robles had come up with what is referred to as the Five -Star Plan which could modify the CDM recommended plan to a considerable extent by adding several reservoirs and changing some of the proposed allocations. It could also incorporate the total alternatives considered by CDM into one package which could then result in different cost factors for par- ticipating agencies. It is felt by Staff that the CDM Report's timeplan and distribution allocations as pertains to Morro Bay needs, provides a good solution to our future requirements. MOTION: Councilman Keiser moved that Council again go on record indicating support of the CDM plan and also that a letter be sent to the Board of Supervisors indicating that the City is anxious to see the County Water Plan adopted. The motion was seconded by Council- man Jennings. There was further discussion regarding the CDM report in relation MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 27, 1972 Page Seven to the Five -Star plan. It was noted that motion was to support those aspects of the provide the necessary water at the soonest the intention of the CDM plan which would possible time. The motion was unanimously carried. (3) Mayor Mitchell stated that it had been brought to his attention that the San Luis Obispo City Council is again considering the rerouting of Highway #1 between San Luis Obispo and Morro Bay. Mayor Mitchell stated that in March of 1971 the Council had supported this rerouting and suggested that the San Luis Obispo City Council be informed of Council support at this time. MOTION: Mayor Mitchell moved that Staff be directed to forward a letter to the City Council of the City of San Luis Obispo indicating support of the rerouting of Highway #1. The motion was seconded by Councilman Mc Conaghay and unanimously carried. (4) Councilman McConaghay stated that he had received calls from citizens complaining about cats and requested in- formation from Staff as to whether the agreement with Woods Animal Shelter included the control of cats as well as dogs. Mr. Warden stated that he would look into it. (5) Councilman McConaghay said that he had also received some complaints about the time it takes to process build- ing permits in view of the new requirements of the Environmental Impact Law regarding advertising. He felt that perhaps it could be streamlined in some way and that Staff should make an effort to get the advertising in the newspapers as soon as possible. Councilman Keiser asked if the items referred to the Planning Commission by the Council this evening would appear on their next agenda. Mr. Rogoway assured,Councilman Keiser that they would. D-2 City Attorney (1) Mr. LeSage stated that in regards to Proposition 20, in addition to the notice on the Environmental Impact Law, there needs to be a notice attached to building permits setting forth the area affected, a notice that the City will forward copies of the application to the Regional Commission and also a statement that the City's permit does not constitute compliance with the Act. He stated that the County attaches a disclaimer of this type to their permits and he wants Morro Bay to be consistent with this notice. This should be attached to all permits for a general knowledge of the law. MOTION: Mayor Mitchell moved that Staff be directed to place a disclaimer on building permits as outlined by Mr. LeSage. The motion was seconded by Councilman Donohoo and unani- mously carried. MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL November 27, 1972 MOTION: Councilman Donohoo moved that the City Administrator and the City Attorney be authorizied to attend the meeting of the League of California Cities in San Francisco, December 8th to discuss Proposition 20. The motion was seconded by Councilman Keiser and unanimously carried. D-3 City Administrator (1) Mr. Warden stated that the Mayor had received a letter from the Morro Bay Tomorrow Club inviting a City repre- sentative to their meeting on November 29th to discuss the General Plan and Harbor Plan of Morro Bay. Councilman Keiser asked Mr. Rogoway if he would be able to attend this meeting as he was instru- mental in the in depth studies of these plans. Mr. Rogoway indicated he would attend. (2) Mr. Warden informed Council that bids had been opened for the proposed City docks, but that he wished to postpone the awarding of them at least until after the League meeting he plans to attend regarding Proposition 20. There has been an opinion from the Los Angeles City Attorney that the proposition would prohibit any public projects not yet started until such projects had been submitted to the Regional Board. (3) Mr. Warden informed the Council that the second meeting of the Council is on December 25th, Christmas day, and asked if they would like to change that meeting date. MOTION: Councilman Donohoo moved that the second meeting date in December be scheduled for December 19, 1972. The motion was seconded by Councilman Jennings and unanimously carried. (4) Mr. Warden stated that the Council had recently appointed Mr. Robert Sanders to fill the unexpired term of Steve McNichols as Planning Commissioner and that this term expired Dec- ember 31, 1972. He requested Council direction in this matter. Mayor Mitchell saw no reason to be dissatisfied with the service of Mr. Sanders and suggested that he be reappointed for a full four year term. MOTION: Mayor Mitchell moved that Robert Sanders be reappointed as Planning Commissioner for a four year term. The motion was seconded by Councilman Jennings and unani- mously carried. (5) Mr. Warden stated that today is the closing date for accepting applications for Planning Director and he had received nineteen applications to date. He requested that a date be set for screening the applications and that a date be set to interview applicants. It was noted that Councilmen Donohoo and Jennings would be screening the applications. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 27, 1972 Page Nine Council set December 18th at 7:00 p.m. to interview applicants for the position of Planning Director. (6) Mr. Warden requested approval from the Council for an expenditure of approximately $1,000 which would be required by John Carollo Engineers to have Central Coast Lab in San Luis Obispo conduct percolation tests of the basins in the Chorro Valley area. This is above the expenditure allowed by Council for the water study. MOTION: Councilman Donohoo moved that Staff be authorized to make this expenditure. The motion was seconded by Councilman Jennings and unanimously carried. (7) Mr. Warden informed Council that he had been investigating firms which would perform appraisals of City property. This is a result of the under-estimatation of the value of the treatment plant and the compensation received from the insurance company for the recent fire. He had received quotes from two different companies; General Adjustment Bureau, Inc. at $1,750 and Industrial Appraisal Company at $2,280 which would include an in- ventory of City property as well as an appraisal. He recommended that Council chose the Industrial Appraisal Company because of the inventory they will perform and because they have a reputation of outstanding service. Mayor Mitchell asked if there was anything in the present budget to cover this expenditure. Mr. Warden said there was not, however, he felt it was a necessary expenditure so that the City may be insured properly in case of an emergency. Councilman Donohoo stated that the money could be transferred from reserve to cover the expenses. MOTION: Councilman Keiser moved that Staff be instructed to take money from the General Fund for contracting with Industrial Appraisal Company for the purpose of providing appraisal services. The motion was seconded by Councilman Jennings and unanimously carried. (8) Councilman McConaghay asked to be replaced on the committee which is to study the capital improvement list for prior- ities with which to use the federal revenue sharing money the city will receive:. He stated because of increased responsibilities in his home, he will be unable to give time to this committee. Mayor Mitchell appointed himself to replace Councilman McConaghay on this committee. (9) Mr. Warden presented the expenditure report for the period November 1 through 15, 1972 for the consideration of the Council. MOTION: Councilman Donohoo moved for approval of the expenditure report for the period November 1 through 15, 1972. The motion MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 27, 1972 Page Ten was seconded by Councilman Jennings and unanimously carried. (10) Mr. Warden stated that he had received correspondence from the attorneys of Ralph Gunther, stating that they wished to act in his behalf for negotiating an extension of his Lease Sites No. 100, 101, 100W and 101W, formerly St. John, which is scheduled to expire in April of 1973. Mr. Warden gave the history of the lease and stated that the Council had indicated in the fall of 1971 before assigning the lease site to Mr. Gunther, that they would retain this lease at its expiration for the purpose of constructing public docks. This was conveyed to Mr. Gunther in a Council meeting. He requested Council guidance as to how they wished him to answer the letter. He said if Council's feelings were the same as they were in Decem- ber, 1971, then his answer to the attorneys would have to be that Council wants to retain this lease for public use and would not want to renew it beyond April of 1973. Mayor Mitchell stated that the letter referred to discussions regarding improvements on the lease site when the St. Johns were still the holders of the lease. He felt that a letter should be directed to the attorneys stating that subsequent to these dis- cussions, Council had decided to retain the site for public docks to be operated and maintained by the City. MOTION: Mayor Mitchell moved that a response be directed to the letter in the general terms outlined above. The motion was seconded by Councilman Jennings and unani- mously carried. CORRESPONDENCE There was no correspondence. ADJOURNMENT MOTION: Councilman McConaghay moved that the meeting be adjourned. The motion was seconded by Councilman Jennings and unani- mously carried. The meeting was adjourned at 9:27 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF ADJOURNEDREGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an adjourned regular meeting on Wednesday, November 15, 1972 at 5:30 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay California, to consider personnel matters. DATED: November 14, 1972 DALE C. MITCHELL, Mayor City of Morro Bay, California M./L. WARDEN, City Clerk 0 9 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting November 15, 1972 5:30 p.m. City Hall Conference Room The meeting was called'to order at 5:40 p.m. by Mayor Pro Tem Donohoo. PRESENT: Councilmen Donohoo, Jennings, Keiser and McConaghay ABSENT: Mayor Mitchell Discussion followed concerning the Assistant City Administrator/ Finance Director position. MOTION: Councilman Donohoo moved that Council re -advertise for this position and attempt to get better quali- fied applicants. The motion was seconded by Councilman McConaghay and unanimously carried. Mayor Mitchell was present at 5:45 p.m. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Council- man McConaghay and unanimously carried. The meeting was adjourned at 5:47 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk i CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING November 13, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of October 30, 1972 2. Minutes of the executive meeting of October 30, 1972 HEARINGS, APPEARANCES -AND REPORTS A-1 Appearance of Russ Hensling of Nichiran Shoshu of America to make presentation to Mayor A-2 Appearance of John Carollo Engineers regarding the Morro Bay water supply study UNFINISHED BUSINESS B-1 Request of Staff to authorize setting of fees for Environ- mental Impact Reports B-2 Request of Dr. Arthur'Fry for consideration of use on Lease Site No. 50 & 50W B-3 Request of Baier & Myers for lease site extension - Lease Site No. 18 B-4 Resolution requesting the Department of Finance to prepare a population estimate for the City of Morro Bay NEW BUSINESS C-1 Planning Commission request for review of Environmental Report for Micheal Manos C-2 Planning Commission request for review of Environmental Report for L. E. Palmer C-3 Planning Commission request for approval of conditions set for Conditional Use Permit of Registered Properties, Inc. C-4 Planning Commission request for approval of naming street in front of -Morro Bay Convalescent Hospital "Teresa Drive" C-5 Planning Commission request for approval of enlargement of upstairs of H.M.S. Salt Building, Lease Site #10 C-6 Planning Commission request for approval of moving Rat's Nest Variety Store from 925 Embarcadero to 659 Embarcadero C-7 Request of Chamber of Commerce for parade Use Permit C-8 Receipt of Chamber of Commerce 4th Quarterly Report C-9 Request of Staff to open City Hall from 9:00 a.m. to 6:00 p.m. each Thursday INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 13, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Mayor Mitchell gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser and Mayor Mitchell ABSENT: Councilman McConaghay MINUTES The minutes of the regular meeting of October 30, 1972 and the executive meeting of October 30, 1972, were considered by the Council. MOTION: Councilman Donohoo moved for the approval of the minutes. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of Russ Hensling of Nichran Shoshu of America to make presentation to Mayor Mr. Hensling presented Mayor Mitchell with a letter from Daisaku Ikeda, President of the Lay Organization of Nichran Shoshu in Japan. President Ikeda thanked the Mayor for making him an honorary citizen of Morro Bay and wished him well. Mr. Hensling outlined the meaning of Nichran Shoshu of America and also presented the Mayor with a book elaborating on their activities which mainly emphasize peace and unity throughout the world. A-2 Appearance of John Carollo Engineers regarding the Morro Bay water supply study Mr. Emanuel was present from John Carollo Engineers to review their preliminary report of the Water Study for Morro Bay. Mr. Emanuel stated that their firm had established three phases in which to develop the water resources of Morro Bay; short term - next two to three years, intermediate - up to 1980, and long term - 1980 to the year 2000. In regards to the short term phase, the City should continue drilling for water in the Morro Basin and use the water allowance from Whale Rock if necessary. Mr. Emanuel stated that as a result of their studies, reclama- tion was the most feasible way of solving Morro Bay's water problem on a middle term basis. Mr. Emanuel explained that the City is presently under obliga- tion to prepare a report to be submitted to the Water Quality Control Board by January of 1973 which would outline the means by which the City would construct a multi -million dollar outfall for waste water r-] L r1 L V/ MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL November 13, 1972 into the ocean. If the Council decided to develop a reclamation system to use all waste water, the City would not have to construct this expensive outfall, and, at the same time would solve their water problem on an intermediate basis. This reclaimed water would be used for irrigation on farms and the golf course which would relieve the use of fresh water for the City. On a long term basis, the answer is probably the importation of water, possibly from Lake Nacimiento. Carollo Engineers would first look at the CDM report as it applies to Morro Bay. Mr. Emanuel quoted some tentative cost figures as applied to each phase of the reclamation project. Regarding the financing of the project, the Federal govern- ment may finance 75% and another portion could be provided by the State. The City would probably have to come up with ten to twenty percent of the costs. Mr. Harvey Hunt from John Carollo Engineers was present and elaborated on the funding of the project and the combination of solving the water problem with the waste water discharge require- ments. Mr. Hunt requested that, if the Council is in agreement with the suggestions from Carollo Engineers, they indicate by motion or a resolution their support of a reclamation program. This resolution would be forwarded to the Water Quality Control Board and should also request requirements from them for discharging this waste water back into the basin and ask for inclusion in the next years project list for funding of the development. The City should also request that they be required to submit only a preliminary report for compliance with waste water discharge requirements by January 15, in view of the City,'s contemplated plan to use reclamation for irrigation purposes. MOTION: Councilman Jennings moved that Staff be directed to prepare the appropriate resolution as outlined by Carollo Engineers. The motion was seconded by Councilman Keiser and unanimously carried. ' UNFINISHED BUSINESS B-1 Request of Staff to authorize setting of fees for Environmental Impact Reports Mr. Warden, City Administrator, stated that in researching the various costs of the Environmental Impact Reports, Staff recommended appropriate charges would be $2.00 per newspaper publication advising the public of the determination of the City regarding such report, and $15.00 per appeal, which is now the rate set for appeals by the subdivision ordinance. The fee for processing the Environmental Impact Reports should be left open as each report will require different processing and the fee should be as necessary to cover costs incurred by the City. Mr. Warden stated that the County Planning Department had a list 0 • MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL November 13, 1972 of several firms or possibly Cal Poly consultants who could evaluate these Environmental Impact Reports. The City would pay for these costs and recover them from the developer. Mayor Mitchell asked if it is legally proper to charge for the processing'of these reports. Mr. LeSage seemed to think there is no problem legally with recovering the City's costs in these matters. MOTION: Councilman Jennings moved that Staff be directed to prepare a resolution estab- lishing fees for the processing of Envir- onmental Impact Reports as $2.00 for each newspaper publication, $15.00 for an appeal and processing of the report as needed to cover costs. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. LeSage stated that he felt the Council should publish notice of this. B-2 Request of Dr. Arthur Fry for consideration of use on Lease Site No. 50 and 50W Mayor Mitchell stated that the Council, at a previous meeting had determined that Dr. Fry must have a business in connection with his lease site residence on the Embarcadero before they would approve the proposed improvements on this site. Dr. Fry had submitted a letter to the Council stating that the business he intends to operate from his lease site is that of underwater maintenance and survey. Mr. Warden explained that someone would work out of an office on Dr. Fry's lease site and perform this operation. This would require amending of the lease to include this use. Mayor Mitchell stated that he would like to know more about the nature of this business and felt that the matter should be deferred until Dr. Fry can make an appearance and answer questions the Council"may have. MOTION: Councilman Donohoo moved that Dr. Fry be requested to appear at a future Council meeting in order to explain the operation with respect to the proposed business on the lease site in question. The motion was seconded by Councilman Jennings and unanimously carried. B-3 Request of Baier and Myers for lease site extension - Lease Site No. 18 Mayor Mitchell stated that the Council had received a statement of expenses incurred by Zeke's Wharf, at the beginning of the Council meeting. Mayor Mitchell stated that he had not had an opportunity to look over the figures tHoroughly and felt that the matter should be postponed until Council can review the expenditures of this lease site. MOTION: Councilman Donohoo moved that this matter be deferred until Council has an opportunity 9 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 13, 1972 Page Four to review the matter. The motion was seconded by Mayor Mitchell and unanimously carried. B=4 RESOLUTION NO. 102-72. Resolution requesting the Department of Finance to prepare -a population estimate for the City of Morro Bay MOTION: Councilman Donohoo moved that Resolution No. 102-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 102-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 102-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. NEW BUSINESS C-1 Planning Commission request for review of Environmental Report for Micheal Manos Mr. Rogoway, Planning Director, was present and reviewed his Environmental Impact Report evaluation on the proposed motel to be constructed on the Embarcadero, and informed the Council that he finds this project will not have a significant impact on the envir- onment. There was Council discussion regarding the land use of this project but it was felt that the Planning Commission had already approved the land use and the Council must only determine the environmental impact of the project. MOTION: Mayor Mitchell moved that Council accept the Environmental Impact Report evaluation and make a subsequent finding that there is no significant environmental impact involved with regard to this project. The motion was seconded by Councilman Donohoo and unanimously carried. C-2 Planning Commission request for review of Environmental Report for L. E. Palmer Mr. Rogoway stated that Council had not yet received his evaluation of the project or the diagrams. He stated that the project was for a German style restaurant located on the Embarcadero. Mayor Mitchell felt that this matter should be postponed until Council has a chance to review the related reports. MOTION: Mayor Mitchell moved that the matter be deferred at this time and scheduled for the next meeting of the Council. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 13, 1972 Page Five C-3 Planning Commission request for approval of conditions set for Conditional Use Permit of Registered Properties Management Inc. There was considerable discussion as to what the Planning Commission was requesting of the Council. Mr. Torrey, representing Registered Properties Management; Inc., gave a detailed account of the history of the project. Mr. Warden stated that it was his understanding that the Planning Commission wished the Council to give them direction as to the time limitation on the requirement that curbs and gutters be installed. The Planning Commission had set a six month limita- tion for this project. The street improvements would require an increase in grading which is a City problem, and the Council may wish that a year be set as a limitation because of the necessary budgeting process of the City. Mayor Mitchell requested that Mr. Rogoway indicate to the Planning Commission that Council would rather a year limitation be set on the installation of curbs and 'gutters for this project. C-4 Planning Commission request for approval of naming street in front of Morro Bay Convalescent Hospital "Teresa Drive" It was noted that the Council should set a hearing date on this matter before they approve it. MOTION: Councilman Donohoo moved that a public hearing be scheduled regarding the naming of the street in front of the Convalescent Hospital for November 27, 1972. The motion was seconded by Councilman Keiser and unanimously carried. RECESS 9:03 p.m. RECONVENED 9:17 p.m. C-5 Planning Commission request for approval of enlargement of upstairs of H.M.S. Salt Building, Lease Site No. 10 Mr. Rogoway informed the Council that Mr. Maul intends to enlarge the upper floor on the ocean side of his existing building. He stated that as alterations are exempt from the guidelines set by Council for Environmental Impact Reports, this project would not require a statement to be submitted. Councilman Jennings stated that Council should have more information and diagrams on this before they can be expected to render a decision. Mayor Mitchell stated that there was a definite lack of communi- cation between the Planning Commission and the City Council and this should be remedied. MOTION: Mayor Mitchell moved that this matter be deferred to the next regular meeting of the Council. The motion was seconded by MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 13, 1972 Page Six Councilman Keiser and unanimously carried. C-6 Planning Commission request for approval of moving Rat's Nest variety Store from 925 Embarcadero to 659 Embarcadero Mr. Warden informed the Council that the Rat's Nest is currently located next to Graham's Landing, on a lease site leased to Mrs. Dennis. The request had come from Hoebel Electronics who sublease from Mrs. Murray. The Rat's Nest is to be relocated where Hoebel Electronics is now. The lease of Mrs. Murray would have to be amended to include a variety store. The vacating of this variety store from the Dennis lease site would enable Mrs. Dennis to make further improvements to her site. Mayor Mitchell felt that the request should come from the lessee, Mrs. Murray, and not the sub-leasee. MOTION: Mayor Mitchell moved that this matter be deferred to the next meeting of the Council and requested that Staff contact the lessee of the property with respect to the need for amending the lease and submit it to Council for approval. The motion was seconded by Councilman Jennings and unani- mously carried. C-7 Request of Chamber of Commerce for parade Use Permit Mayor Mitchell stated that this was an annual request of the Chamber for their Christmas parade. MOTION: Councilman Jennings moved that the request of the Chamber of Commerce be granted. The motion was seconded by Councilman Keiser and unanimously carried. C-8 Receipt of Chamber of Commerce Fourth Quarterly Report Councilman Keiser felt that the newspapers should give this report coverage as it is an excellent presentation of Chamber activities. C-9 Request of Staff to open City Hall from 9:00 a.m. to 6:00 p.m. each Thursday Mr. Warden felt that if City Hall was open from 9:00 a.m. to 6:00 p.m. once a week, it would give people unable to come and transact business with the City during general business hours, a chance to do so at this time. He stated that if it does not appear to be working well after a few months, the City can always revert back to their regular hours. MOTION: Councilman Jennings moved for approval of the request of Staff to keep City Hall open from 9:00 a.m. to 6:00 p.m. every Thursday. The motion was seconded by Councilman Keiser and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION • 41 MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL November 13, 1972 D-1 City Administrator (1) Mr. Warden informed the Council that he was in receipt of a letter from the Santa Lucia Area Council, Inc., of the Boy Scouts notifying the City that it is their intention to sell chocolate bars in the City of Morro Bay to benefit their Council. (2) Mr. Warden stated that he had received a letter of resig- nation from Janice Horton as Recreation Supervisor as she plans to obtain full time employment in southern California. She recommends that Council appoint Patricia Childress until Barbara George returns from her leave of absence. This letter has been forwarded to the Parks and Recreation Commission. (3) Mr. Warden had a letter from the Police Officer's Asso- ciation stating that they wished Article 10 removed from their Memorandum of Understanding. This article stated that the City agrees to pay Association members for "attendance at 'off - duty' meetings or training periods which are required by the Chief of Police and approved by the City Administrator". They want this removed so that they can attend meetings of their choice and/or in addition to those required by the Chief of Police. MOTION: Councilman Keiser moved that the City Administrator be authorized to delete Article 10 of the Memorandum of under- standing with the Police Officers' Association in accordance with their request. The motion was seconded by Councilman Jennings and unanimously carried. (4) Mr. Warden presented the Expenditure Report for the period October 16 through 31, 1972 for the consideration of the Council. MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period October 16 through 31, 1972. The motion was seconded by Councilman Donohoo and unanimously carried. (5) Mr. Warden presented the Financial Report for the period July 1 through October 31, 1972 for the consideration of the Council. MOTION: Councilman Donohoo moved for approval of the Financial Report for.the�>period:July 1 through October 31, 1972. The motion was seconded by Councilman Jennings and unani- mously carried. 1. Mr. Warden stated that the Council was in receipt of a hand book regarding helpful hints for water rationing. These booklets will be inserted in water bills for general citizen information. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 13, 1972 Page Eight 2. Letter from C. O. Young regarding the water supply situation. 3. Letter from the City of Torrance regarding the control over placement of utility facilities on public property. 4. Several letters from individuals and groups protesting the proposed improvements on the E1 Morro Oyster property by Orval Leage. MOTION: Councilman Donohoo moved that the corres- pondence be filed. The motion was seconded by Councilman Jennings and unanimously carried. ADJOURNMENT MOTION: Councilman Jennings moved that Council adjourn to executive session to discuss personnel matters. The motion was seconded by Councilman Donohoo and unani- mously carried. The meeting adjourned to executive session at 9:55 p.m. and returned to regular session at 10:09 p.m. General discussion ensued. MOTION: Councilman Jennings moved that the meeting be adjourned to 5:30 p.m., Wednesday, November 15, 1972. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting adjourned at 10:16 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk r NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Saturday, November 11, 1972 at 1:00 p.m. in the City- Hall Conference Room, 595 Harbor Street, Morro Bay, California to consider the following: 1. Personnel matters DATED: November 6, 1972 DALE C. MITCHELL, Mayor City of Morro Bay, California WARDEN, City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting November 11, 1972 1:00 p.m. City Hall Conference Room The meeting was called to order at 1:10 p.m. by Mayor Mitchell. PRESENT: Councilmen Donohoo, Jennings, Keiser, and Mayor Mitchell. ABSENT: Councilman McConaghay Mayor Mitchell noted that the meeting was called for the purpose of interviewing applicants for the position of Assistant City Administrator/Finance Director. MOTION: Councilman Donohoo moved that the meeting adjourn to executive session for the purpose of discussing personnel matters. The motion was seconded by Councilman Keiser and unani- mously carried. The meeting adjourned to executive session at 1:12 p.m. and returned to regular session at 3:30 p.m. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned at 3:31 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk M PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the regular meeting of the Morro Bay City Council scheduled for October 23, 1972, has, by minute order of the City Council, been changed to Monday, October 30, 1972, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California. DATED: September 28, 1972 DALE C. MITCHELL, Mayor City of Morro Bay, California By, i1` M. LE, City Clerk 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council 'will hold a public hearing on Monday, October 30, 1972, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the vacation of a por- tion of Main Street between Quintana Road and Surf Street as shown on Exhibit "A" pursuant to the Street Vacation Act of 1941; at which said hearing any person interested may appear and express his views for, against, or in modification of the proposed street vacation. DATED: October 4, 1972 WIMAMMOzz M. JvLl "11",L city L:lerx City of Morro Bay, California A } o U F F;F�y G , SUPF ST. Exhibit "A" i i 1 j� t 0 I Added CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING October 30, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of October 9, 1972 2. Minutes of the executive meeting of October 9, 1972 HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of Russ Hensling of Nichiran Shoshu of America to make presentation to Mayor A-2 Hearing on vacation of a portion of Main Street A-3 Report from Staff regarding Federal funding for purchase of private property A-4 Report from City Attorney regarding Lease Sites No. 50 and 50W - Fry UNFINISHED BUSINESS B-1 Resolution approving agreement with auditor for fiscal year 1972-73 B-2 Resolution establishing guidelines for Environmental Impact Reports B-3 Resolutions assigning Carver leases NEW BUSINESS C-1 Presentation of Environmental Impact Report - Robert Mills, Fireside Motel C-2 Presentation of Environmental Impact Report - David Vienna, Tract No. 425 C-3 Request for support of San Luis Obispo County and Cities Area Planning Coordinating Council's funding of the application for the Comprehensive Environmental Plan of the Morro Bay area C-4 Citizens petition for traffic signal on the corner of Radcliff and Main Streets C-5 Request of Baier & Myers for lease site extension - Lease Site No. 18 C-6 Resolution accepting the resignation of M. J. Little and appointing M. L. Warden as City Administrator and City Clerk INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 30, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Mayor Mitchell gave the invocation. ROLL CALL PRESENT: Councilman Donohoo, Jennings, Keiser and Mayor Mitchell ABSENT: Councilman McConaghay MINUTES The minutes of the regular meeting of October 9, 1972 and the executive meeting of October 9, 1972, were considered by the Council. MOTION: Councilman Donohoo moved for the approval of the minutes. The motion was seconded by Councilman Jennings and unanimously carried. Mayor Mitchell announced that Councilman McConaghay was absent because of a serious automobile accident which involved him and his wife. Mayor Mitchell stated that before the items on the agenda were considered, he wished to make presentations to two young men who were successful in saving a young girl from drowning in the ocean near Morro Rock. The presentations were made to Jeffery Monson and Ellis Poudrier. The matter was brought to the attention of the Council by the Chief of Police who felt that the youths1heroism should be acknowledged. HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of Russ Hensling of Nichran Shoshu of America to make presentation to Mayor Mayor Mitchell informed the Council that he had received word that Mr. Hensling was unable to be present at this meeting, but indicated that they would like to be on the next agenda. Staff was directed to place this matter on the next regular meeting agenda of the Council. A-2 Hearing on a vacation of a portion of Main Street Mayor Mitchell stated that this matter was up for hearing at this time at the direction of the Council. Mr. Little presented a map outlining the area requested by the property owner, Mr. Chauvet, to be abandoned. Mr. Little explained the history of the request, stating that with this strip of land, Mr. Chauvet can build a wall or plant shrubbery to alleviate the noise to his home. The area to be abandoned could never be of any use to the City as it drops off an embankment which would prevent City use for any road purposes. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 30, 1972 Page Two Mayor Mitchell opened the public hearing at 7:40 p.m. and called for presentations for or against the abandonment. As there were no presentations, the hearing was closed at 7:40 p.m. MOTION: Councilman Donohoo moved that Staff be directed to prepare the necessary resolu- tion for the abandonment of this portion of Main Street. The motion was seconded by Councilman Jennings and unanimously carried. A-3 Report from Staff regarding Federal funding for purchase of private property Mayor Mitchell stated that at the last meeting, Council had decided to table the matter of purchasing the private property in the area of Morro Rock until Mr. Warden attended the meetings at the Annual League Convention in Anaheim regarding federal funding for such a purpose, and reported back to Council. Mr. Warden stated that there is a possibility that federal funding would be available from several sources. The Council must first determine, however, if they are willing to undergo a commit- ment to finance the purchase of the property to show a financial ability. Then perhaps, a grant could be available to the City. There would need to be preliminary liaison with the various funding agencies and it would be possible that the City could get 50-50 or perhaps 80-20 funding with the City paying 20% of the cost of purchasing the property. If it is determined that the City meets the criteria for funding, it would not be possible to expect any grant until 1974 at the earliest. Mr. Warden recommended that Council direct staff to contact some of the federal agencies involved and find out what their criteria is and whether the City would qualify. This would in- volve no commitment on the part of the Council. The first steps would probably be to contact Mr. Den -bulk, owner of the property, and find out if he is willing to sell and at what price. Second, an appraisal of the property in question might be advisable. MOTION: Councilman Keiser moved that Staff contact Mr. Den -bulk regarding the selling price of his property in this area and report back to Council. The motion was seconded by Councilman Jennings. Judge Schenk brought the Council's attention back to the original request from Mr. Gallo on this matter which was to either rezone the property or adopt an ordinance similar:to the one passed by vote of the people. He felt the Council should take some action to preserve this area in accordance with the wishes of the people. Mr. Gallo had also requested that Council authorize him to repre- sent the City in an appeal of Judge O'Reilly's decision regarding 0 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL October 30, 1972 Ordinance No. 103. The motion was unanimously carried. Mayor Mitchell stated that he did not feel it would be wise for the Council to enact an ordinance similar to Ordinance No. 103, because it would only involve continued litigation. He did not, however, have any objection to Mr. Gallo appealing the decision of the judge. The Mayor felt that any briefs should be submitted through the City's attorney since Mr. Gallo would be acting in behalf of the City and the approval of this action would be with the understanding that it would be at no cost to the City. Other Council members felt that an appeal at this time would not be in order since the City is taking steps to resolve the issue in the way of purchasing the property and then rezoning the area. It was felt that Council should wait until the results of Mr. Warden's investigation with the funding agencies and Mr. Den -bulk were known. MOTION: Councilman Jennings moved that the matter be brought for a report to Council at their first meeting in December. The motion was seconded by Councilman Keiser and unani- mously carried. A=4 Report from City Attorney regarding Lease Sites No. 50 and 50W - Fry Mr. LeSage reported to the Council that he had researched the Tidelands Grant regarding residences on lease sites and had deter- mined that only business and public uses related to commerce, navi- gation, fisheries and recreation are permitted uses on Tidelands lease sites. Therefore, a residence use by itself would not be permitted on Dr. Fry's lease site. MOTION: Mayor Mitchell moved that Staff direct a letter to Dr. Fry informing him that a residence by itself is not an acceptable use for his lease site. The motion was seconded by Councilman Donohoo and unani- mously carried. Mr. Little stated that some attention should be given to the original request of Dr. Fry which was approval of improvement to his residence. Mayor Mitchell stated that the letter to Dr. Fry should indicate that his improvements would be considered if he is to operate a business in conjunction with his residence and that Council should be advised of the nature of the business. UNFINISHED BUSINESS B-1 RESOLUTION NO. 96-72. Resolution approving agreement for annual audit for the fiscal year ending June 30, 1973 MOTION: Councilman Donohoo moved that Resolution No. 96-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL October 30, 1972 Mr. Little read Resolution No. 96-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 96-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. B-2 RESOLUTION NO. 97-72. Resolution establishing procedures and interim guidelines for implementing the California Supreme Court decision concerning the California Environmental Quality Act of 1970 Mr. Warden read the proposed resolution and attachments to the City Council and the public. Attachment "A" listed those uses or permits which have no significant environmental impact, Attach- ment "B" listed questions to answer in determining if a project may have a significant effect on the environment, Attachment "C" listed guidelines for private projects requiring Environmental Impact Reports, and Attachment "D" listed the steps to process applications for projects requiring City permits. Mr. Warden explained that the guidelines were taken from those established by the County, the League of California Cities and the State Attorney's office. It was noted that there is always an opportunity for the public to appeal the decisions of Council or the Planning Commission. After some investigation regarding ad- ministrative, advertising and processing expenses, Council should adopt a fee schedule for the Environmental impact Reports. Mr. Rogoway, Planning Director, stated that the guidelines were very well written and requested that the Council make one change on Attachment "D", number 7. Added to the sentence should be "... and may also determine, after they hear the Environmental Impact Report, that there are terms or conditions which minimize the environmental impact." MOTION: Councilman Donohoo moved that Resolution No. 97-72 be adopted. The motion was seconded by Councilman Keiser and unani- mously carried by roll call vote. It was noted that Staff be requested to find out if an ordinance was needed to establish fees for the Environmental Impact Reports and to come to Council with recommendations to establish a fee schedule. Mrs. Phillips suggested that the Geological Survey people might be contacted regarding the evaluation of the Environmental Impact Reports. B-3 Resolutions assigning Carver leases, Mayor Mitchell stated that Staff had been requested at the last meeting of the Council to prepare the necessary documents to effect an assignment of the Carver and Morro Bay Fisheries leases to Brebes Morro Bay Fisheries Incorporated. RESOLUTION NO. 98-72. Resolution approving assignment of Lease Sites No. 109PW and 109P MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL October 30, 1972 MOTION: Councilman Donohoo moved that Resolution No. 98-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 98-72 by title only. MOTION: Councilman Donohoo moved for the'adoption of Resolution No. 98-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. RESOLUTION NO. 99-72. Resolution approving assignment of Lease Sites No. 105.3W, 106W, 107W, and 108W MOTION: Councilman Donohoo moved that Resolution No. 99-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 99-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 99-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. RESOLUTION NO. 100-72. Resolution approving assignment of Lease Sites No. 110W, 111W, and 112W MOTION: Councilman Donohoo moved that Resolution No. 100-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 100-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 100-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. Mr. Little informed the Council that the City had been furn- ished with the Articles of Incorporation as "requested by the Council. NEW BUSINESS C-1 Presentation of Environmental Impact Report - Robert Mills, Fireside Motel Mr. Rogoway reported to the Council on his evaluation of the Environmental Impact Report received from Mr. Mills on behalf of the applicants Lee and Bernadette Schultz. Mr. Rogoway had filled out the form in the resolution passed by Council regarding guidelines for Environmental Impact Reports which would assess whether a project will have a significant effect on the environment. He reported a determination that the project will not have a significant effect on the environment. Mr. Rogoway stated that it is proper at this 6 MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL October 30, 1972 time to open the matter to the floor. Mayor Mitchell asked if there was any one who wished to speak regarding the project or the Planning Director's determination. As there were no presentations, it was in order for the Council by motion to approve the findings. MOTION: Councilman Jennings moved that in view of the report from the Planning Director, Staff be directed to take the necessary action to grant the permit for a.23 unit motel to Lee and Bernadette Schultz, that Council incorporate the report of the Planning Director and that Council finds that there is no significant environmental effect and makes a finding tb._that effect. The motion was seconded by Councilman Donohoo and unanimously carried. C-2 Presentation of Environmental Impact Report - David Vienna, Tract No. 425 This matter was discussed at length by the Planning Commission and their finding was that although the lots to be created are undersized, they are similar to those generally found within the neighborhood. Mr. Rogoway stated that he had followed the same procedure in evaluating this report as he had in the previous one, and finds the project will not have a significant environmental effect upon the area. MOTION: Councilman Jennings moved that in view of the report from the Planning Director, Council determine that the project has no significant environmental effect and direct Staff to grant the permit to David Vienna and that Mr. Rogoway's report be incor- porated in the findings. The motion was seconded by Councilman Donohoo and unani- mously carried. RECESS 9:02p.m. RECONVENED 9:12p.m. Mr. LeSage requested that Council adopt the suggestion of Mr. Rogoway that attachment "D", item number 7 should have added to it: "that the Council may also determine and impose, after they hear the Environmental Impact Report, terms or conditions which could minimize, or eliminate any environmental impact." Council con- curred with this suggestion. C-3 Request for support of San Luis Obispo County and Cities Area Planning Coordinating Council's application for funding of the Comprehensive Environmental Plan of the Morro Bay area Mayor Mitchell stated that Council had supported the*applica- tion for funding last year and that funds had not been granted. The Area Council was again submitting an application for funding for the Comprehensive Environmental Plan of the Morro Bay area and 0 MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL October 30, 1972 were requesting City Council's support. MOTION: Mayor Mitchell moved that a letter be directed to the appropriate agency indi- cating that the Morro Bay City Council supports the application for funding of this environmental plan. The motion was seconded by Councilman Donohoo and unani- mously carried. C-4 Citizens petition for traffic signal on the corner of Radcliff and Main Streets Mayor Mitchell stated that Council was in receipt of a petition with seventy-six signatures which requested that a signal light be installed at the intersection of Radcliff and Main Streets. The petition stated that the people in the Harbor Heights area were finding it increasingly difficult to cross Main Street when entering or leaving the area. Mr. Little informed the Council that Lampman and Associates are presently doing a traffic circulation study in Morro Bay and the Staff had called their attention to this intersection which they will include in their study. After their study is received, Council will have a list of priorities as to which intersections should be considered for traffic control first. Several other intersections in Morro Bay were discussed and it was felt that four-way stops or traffic signals were needed at other intersections as well. Mary Hammerlund appeared as a citizen living in the Harbor Heights area to bring to the Council's attention the fact that Radcliff is the only way the people living in that area can leave or enter, so it does create quite a bit of traffic. Comments were also heard from George Henderson. Council felt that they should wait for the Lampman report before they made a decision concerning this intersection. C-5 Request of Baier and Myers for lease site extension - Lease Site No. 18 Mayor Mitchell stated that Council was in receipt of a request from Baier and Myers to extend their lease term to the year 2009 as a result of their improvements of $65,000 which they felt was needed to amortize their investment. Mr. Little gave the Council some of the history of the lease site. Mr. Little felt that this should be discussed with Mr. Baier and Mr. Myers and that Council should request that they submit to Council a list of what improvements were made and how the $65,000 was spent. They should also appear in front of the Council to answer any questions Council may have. MOTION: Councilman Jennings moved that Staff contact Mr. Baier and Mr. Myers and request that they fill the Council in with more details MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL October 30, 1972 regarding the lease compliance and that they comply with the lease that presently exists by submitting their list of im- provements and expenditures. The motion was seconded by Councilman Donohoo and unanimously carried. C-6 RESOLUTION NO. 101-72. Resolution accepting the resignation of M. J. Little and appointing M. L. Warden as City Administrator and City Clerk Mayor Mitchell stated that before the resolution was passed, he wished to make a presentation of a certificate of appreciation from the City of Morro Bay to Malcolm J. Little in that his integrity and competence exemplifies the highest standards of public admin- istration and who has demonstrated loyal, dedicated, and untiring service as City Administrator and Building Inspector from August 9, 1965 to October 31, 1972. Mayor Mitchell wished Mr. Little well in his retirement and Councilman Jennings requested that he read Resolution No. 101-72 in its entirety. Mr. Little, with great pleasure, read Resolution No. 101-72 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 101-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council (1) Councilman Keiser wished to discuss some telephone calls she has had with people in the Bay Pines Trailer Park regarding Cable TV. She had been informed that it will cost these people between $5,000 and $8,000 to have the Cable TV extended to their area. She felt that this was too high and requested that Council set up a'meeting with the Cable TV people and others to discuss this matter. MOTION: Councilman Keiser moved that Staff arrange, within a reasonable period of time, a meeting with Mr. Hapgood and Mr. Cohen of Cable TV, Mr. White at the trailer park, Mr. Leroy Jones from Leroy Jones Trailer Park, Mr. Sieger from the Convalescent Hospital, Mr. Don Brown, Planning Commiss- ioner, City Attorney, the Administrator and Councilmen to sit down and discuss this matter. The motion was seconded by Councilman Jennings. Mr. Warden stated that he had written a letter to the -president of the Cable corporation in Salinas and forwarded them a copy of the petition that was presented to the Council. He stated that there 6 MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL October 30, 1972 were several problems; one being that the franchise does not have a provision that the City can force Cable TV to install the cable lines. The motion was unanimously carried. Mayor Mitchell appointed Councilmen Keiser and Jennings to serve on this committee. (2) Mayor Mitchell presented a letter from the Traffic Safety Committee requesting information from Council on their status and answers to letters and recommendations previously written to Council. It was noted that the Traffic Safety Committee was not a Council established committee, but was formed by citizens and that the Council had appointed two members of their body to serve on the committee at the committee's request. Shirley McGuire was present from the Traffic Safety Committee and discussed with Council communication problems. Council deter- mined that the Council committees, as a whole, need to be looked into and reorganized if necessary; perhaps the Council should establish a Traffic Safety Committee with members appointed by the Council. Staff was directed to send information to the Traffic Safety Committee as to actions taken regarding their requests and inform them of the actual status of the committee. D=2 City Attorney (1) Mr. LeSage had nothing to report at this time, but re- quested that Council adjourn to executive session at the conclusion of the meeting. D-3 City Administrator (1) Mr. Little requested that Council make a motion to auth- orize a change in signatures on City checks. MOTION: Councilman Donohoo moved that Council authorize the change in signatures on City checks from M.J. Little to M. L. Warden. The motion was seconded by Councilman Jennings and unanimously carried. (2) Mr. Little requested that Council extend the period during which Staff may hire new employees in the Police Depart- ment until July 1, 1973. MOTION: Mayor Mitchell moved that Staff be auth- orized to appointment replacements to the Police Department without permission from Council until July 1, 1973. The motion was seconded by Councilman Jennings and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 30, 1972 Page Ten (3) Mr. Little stated that the League of California Cities meeting is to be held November 10, 1972 in Guadalupe at the Far Western in Guadalupe and requested reservations from Council members intending to go. (4) Mr. Little presented the Expenditure Report for the period October 1 through 15, 1972 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period October 1 through 15, 1972. The motion was seconded by Councilman Jennings and unanimously carried. CORRESPONDENCE 1. Notice from Student Council at Cuesta College for volunteers in opposition to Proposition 14. 2. Letter from the Morro Bay High School Student Body in opposi- tion to the beachfront road. 3. Letter and resolution from the City of Crescent City opposing Proposition 20. 4. Letter from the City of Newport Beach regarding Proposition 20. 5. Letter and resolution from City of San Buenaventura opposing Proposition 20. 6. Letter and resolution from the City of Glendora supporting Proposition 18. 7. Letter to the Motel Association from William Penn Mott, Jr. regarding land at Camp San Luis Obispo. MOTION: Councilman Donohoo moved that the corres- pondence be filed. The motion was seconded by Councilman Jennings and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting adjourn to executive session. The motion was seconded by Councilman Jennings and unanimously carried. The meeting was adjourned to executive session at 10:11 p.m. and returned to regular session at 10:19 p.m. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Keiser and unanimously carried. The meeting adjourned at 10:19 p.m. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 30, 1972 Page Eleven Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk 0 if CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING October 9, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of September 25, 1972 HEARINGS, APPEARANCESAND REPORTS A-1 Report on Water Quality Control Plan for Waste Discharge UNFINISHED BUSINESS B-1 Resolution approving amendment of lease with Moores - Lease Sites No. 124-127 and 124W-127W B-2 Resolution accepting easements - Imp. Dist. No. 6 B-3 List of employees' tools and equipment destroyed during Treatment Plant fire Added B-4, Review of bid results - Chip Seal Program NEW BUSINESS C-1 Request of Dr. Arthur Fry for approval of improvements on Lease Sites No. 50 and 50W C-2 Resolution approving agreement with Chamber of Commerce for fiscal year 1972-73 C-3 Review of California Supreme Court decision concerning Friends of Mammoth, et. al. vs. Board of Supervisors of Mono County C-4 Recommendation of City Engineer for change in project designation for annual transportation claim C-5 Letters from Ray Gallo regarding Ordinance No. 103 C-6 Appeal of R. H. Cohen from Planning Commission denial of use permit application - Set hearing date C-7 Request of M. E. Willeford for renewal of auditing contract C-8 Review of communications from Senators Cranston and Tunney regarding revenue sharing C-9 Request for assignment of Carver and Morro Bay Fisheries leases INDIVIDUAL' DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 9, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Councilman McConaghay gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None MINUTES The minutes of the regular meeting of September 25, 1972 were considered by the Council. MOTION: Councilman Donohoo moved for the approval of the minutes. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Report on Water Quality Control Plan for Waste Discharge Mr. Little stated that with Council's permission, he had attended a meeting of the State Water Resources Control Board in Sacramento regarding the report the Board has required to be sub- mitted by all California cities and/or industries that discharge waste water into the ocean. This report is quite extensive - the guidelines alone include sixty-five pages - and will require much time and money on the part of the City. Mr. Little had previously written a letter of protest to.'the Board stating that the City had not budgeted funds for this project and had neither the personnel or expertise to prepare such a report. This letter had not been answered, and Mr. Little found out at the meeting he attended that the Board is not concerned how funds are obtained to finance this report and will not modify their time limitation of the submission of the report which is January, 1973. After discerning that the City has no alternative but to pro- ceed with preparation of the report, Mr. Little contacted Ken Jones, Regional Director, and Harvey Hunt of Carollo Engineers, and received assurance that they would help the City in any way they could with the preparation of this report. In addition, Staff recommends that Darrell Richards, who is the City's Chief Disposal Plant Operator, be authorized to work on the preparation of the material for the report on a full time basis. Mr. Little recommends that the Council authorize the hiring of another employee in this department to fill in for Mr. Richards. He also requested that Council authorize Carollo Engineers to put the report together. Mr. Little had been in contact with officials from Pacific Gas and Electric Company and they are willing to provide the City with as much information as they can regarding oceanographic material. 1 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 9, 1972 Page Two It was noted that this report is being required so that the Water Quality Control Board may determine what additional facilities will be needed in the treatment plant to meet the Water Quality Control Plan for the Ocean Waters of California. MOTION: Councilman Donohoo moved that the City Administrator be authorized to proceed with the project as outlined in his report. The motion was seconded by Councilman Keiser and unanimously carried. UNFINISHED BUSINESS B-1 RESOLUTION NO. 93-72. Resolution approving amendment of lease with Moores - Lease Site No. 124-127 and 124W-127W Mayor Mitchell stated that this amendment allows Mr. Moores an additional eleven hundred square feet of water area in his lease site and this amendment had been approved in concept, by Council at their previous meeting. MOTION: Councilman Donohoo moved that Resolution No. 93-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 93-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 93-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. B-2 RESOLUTION NO. 94-72. Resolution accepting easements - Improvement District No. 6 Mayor Mitchell explained that this resolution accepted the easements from property owners in Improvement District No. 6 which were required for construction purposes. MOTION: Councilman Donohoo moved that Resolution No. 94-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 94-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 94-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. B-3 List of employees' tools and equipment destroyed during Treat- ment Plant fire Mayor Mitchell stated that Council had asked Staff to provide them with a list of the tools owned by city employees which were destroyed in the recent fire at the treatment plant. These tools 1] 46 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL October 9, 1972 were not covered by the City's insurance and Council had felt it was in order to reimburse the employees for their loss. This list provided by the Director of Public Works showed that the total amount of loss to Darrell Richards is $278.00 and is $56.95 to Bob Conn for a total of $334.95. MOTION: Councilman Jennings moved that Council authorize the replacement of the employee tools in the amount of $334.95. The motion was seconded by Councilman Donohoo and unanimously carried. B-4 Review of bid results - Annual S. S. Project No. 52, Chip Seal Program Mayor Mitchell stated that Council was in receipt., of results of bids for the City's annual chip seal program. The low bid was received from Kleinco, Morro Bay in the amount of $11,418.40. MOTION: Councilman McConaghay moved that the.low bid of $11,418.40 submitted by Kleinco for the annual chip seal program be accepted. The motion was seconded by Councilman Jennings and unanimously carried. NEW BUSINESS C-1 Request of Dr. Arthur Fry for approval of improvements on Lease Sites No. 50 and 50W Mayor Mitchell stated that Dr. Fry had been before the Planning Commission with drawings of the proposed improvements to the resi- dence on his lease site. The Planning Commission had approved the improvements with the recommendation that the renewal portion of the present lease be stricken. In effect, Dr. Fry would be auth- orized the improvements, but would lose his option to renew when the lease runs out in seventeen years. The present lease is an old County lease which allows residences on lease sites. There was some discussion regarding the terminology of the lease which requires a business to be run in connection with a residence. Mayor Mitchell felt that the matter should be postponed until the City Attorney has a chance to look into the matter and determine if a residence by itself is a proper use. MOTION: Councilman Jennings moved that the matter of Dr. Fry's lease site improvements be tabled until the next regular meeting of the Council when they may expect a report from the City Attorney. The motion was seconded by Councilman Keiser and unani- mously carried. C-2 RESOLUTION NO. 95-72. Resolution approving agreement with Chamber of Commerce for fiscal year 1972-73 Mr. Joseph Giannini requested that Council read the agreement and resolution in its entirety. MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL October 9, 1972 Mayor Mitchell stated that as his wife is presently employed by the Chamber of Commerce he would abstain from discussion on this matter. He turned the meeting over to Councilman Donohoo. Mr. Little read the agreement and resolution in its entirety. MOTION: Councilman Jennings moved for the adoption of Resolution No. 95-72. The motion was seconded by Councilman Keiser. Mr. Giannini stated that the 20% allowance to the Chamber of Commerce of bed tax funds was'"subversive"'to.the:thinking'of:the'people and a waste of taxpayers funds. He objected to the expenditure of these funds. Councilman Keiser stated that the funds for the Chamber were derived from bed tax and were not taken from the taxpayers. Comments were heard from George Henderson and Neil Moses object- ing to the expenditure of funds to the Chamber of Commerce. The motion was unanimously carried with Mayor Mitchell abstaining. Mayor Mitchell resumed; -.chairmanship of the meeting. C-3 Review of California Supreme Court decision concerning Friends of Mammoth, et. al. vs. Board of Supervisors of Mono County Mr. LeSage led the discussion concerning recent Supreme Court action regarding the Environmental Impact Law of 1970 which has resulted in a moratorium on building in most cities throughout California. He stated that the district attorneys had met in San Francisco to summarize the impact from a county standpoint and that the Attorney General will be issuing a legal opinion on October 19th at a meeting in Los Angeles. Mr. LeSage stated that this came about when a development was proposed in Mono County of six buildings on five acres of land. There was to be a total of 184 units and the buildings would be six to eight stories in height. As a result of citizen complaints, the matter was resolved in court and the courts interpretation of the Environmental Impact Law was that a city or county must require a developer of any significant project to comply with a conservation plan or submit an Environmental Impact Report. The City must then decide whether this project has any adverse environ- mental effects on its community. Mr. Rogoway stated that the suggestions given indicate the possibility of continuing the issuance of permits for some limited types of projects, such as sign permits or remodeling permits. Council should adopt guidelines and conditions to follow regarding this law. He felt that it would be a good idea to establish a hearing board. In the criteria set by Council, they should consider putting a disclaimer on each permit, allowing only single family residences, noting on permits that all construction is subject to the Environmental Impact Law of 1970. Is MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL October 9, 1972 There was considerable discussion regarding the guidelines Council should set to comply with this law. Also discussed were the effects this law would have on a proposed subdivision within the City. Comments were heard from Joseph Giannini, Larry Davis, Mary Phillips, David Vienna and Neil Moses. MOTION: Mayor Mitchell moved that Staff proceed with issuing those permits which, in their judgement, do not involve any significant environmental impact, and involve only single family residences; that Staff provide a statement to this effect on the permits and that it include a disclaimer from possible liability as a result of issuing the permit; that Mr. LeSage develop some sort of wording which would provide for payment of legal expenses should any legal action develop as a result of the issuance of a permit; and that those suggestions of the Planning Director regarding ground water levels, availability of utilities, grading requirements, etc.; be considered by the Administrator in determining whether there is any significant environmental impact. The motion was seconded by Council- man Jennings and unanimously carried. RECESS 9:07 p.m. RECONVENED 9:27 p.m. Mayor Mitchell stated that in view of information received from the City Attorney, he wished to make the following motion: MOTION: Mayor Mitchell moved that Staff also be authorized to accept applications for developments with the proviso that the developer be informed that he is required to prepare the Environmental Impact report, and that the report be submitted to the Planning Commission and from there to the City Council for final approval, and that the report comply with the provisions of the California Resources Code. The motion was seconded by Councilman Donohoo. Mr. LeSage felt that the motion should also include a clause that would provide for the applicant to pay for the preparation of the report as the applicant cannot prepare it himself. The law requires that the report be prepared by the City. MOTION: Mayor Mitchell amended his motion to include that the applicant provide the necessary funds to pay for preparation of the report and an agreement guaranteeing to the City the payment of legal costs should those become involved. Councilman Donohoo accepted the amendment. There was considerable discussion as to who the experts were that reviewed the report and decided whether or not the effect of MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL October 9, 1972 a project is adverse to the environment. Comments were heard from Ray Gallo, Judge Schenk, Dorothy Cutter and David Vienna. The motion was unanimously carried. C-4 Recommendation of City Engineer for change in project desig- nation for annual transportation claim Since the Council had decided not to go ahead with the exten- sion of the Embarcadero at this time, it is necessary to designate another project for the annual transportation funds. The City Engineer has suggested that the widening of that portion of Quintana Road from Kings Avenue to South Bay Boulevard be substituted for the Embarcadero project. MOTION: Councilman Donohoo moved that Staff be directed to substitute the project designation as outlined in the memo- randum from S. L. Taylor for the Embar- cadero extention in the Annual Trans- portation Claim. The motion was seconded by Councilman Jennings and unanimously carried. C-5 Letters from Ray Gallo regarding Ordinance No. 103 Mr. Gallo informed the Council that he represented the pro- ponents to Ordinance No. 103 and they were requesting that the Council, by ordinance, adopt Ordinance No. 103. Judge O'Reilly had ruled the ordinance unlawful only because of the way it was adopted which was by initiative. A zoning law cannot be adopted by an initiative. Mayor Mitchell felt that if the Council adopted the Ordinance, it would not necessarily stop litigation. There is still private property involved and as long as there is, there is bound to be litigation. He felt Council should look into the possibility of purchasing the private property in that area. Councilman Jennings stated that Council and Staff members would be attending meetings at the Annual League Conference and suggested waiting until after the conference to make a decision. There are to be meetings regarding funding and perhaps it would be possible for the City to obtain funds to purchase the private property involved. MOTION: Councilman Jennings moved that the matter be tabled until a report is received regarding grants which might be obtained to purchase private property. The motion died for lack of second. Mayor Mitchell stated that Council had previously stated that they would not extend the Embarcadero without going to the people and he could see no reason to adopt an ordinance which would inevi- tably cause further litigation. Comments were heard from Judge Schenk and Eugene Shelton. MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL October 9, 1972 MOTION: Councilman Keiser moved that Council postpone this matter until the 30th of October at which time a report is to be brought to Council regarding the possibility of pur- chasing the private property in the area described in Ordinance No. 103 by Federal or State grants. The motion was seconded by Mayor Mitchell and unanimously carried. Council discussed the possibility of rezoning the area in order to prevent construction. C-6 Appeal of R. H. Cohen from Planning Commission denial of Use Permit application - Set hearing date Mr. Torrey was present to represent Mr. Cohen and stated that Mr. Cohen wished the appeal dropped and referred back to the Planning Commission. MOTION: Councilman Jennings moved that' the matter of Mr. Cohen's appeal be dropped and referred back to the Planning Commission. The motion was seconded by Councilman Keiser -and unani- mously carried. C-7 Request of M. E. Willeford for renewal of auditing contract Mayor Mitchell stated that Mr. Willeford had submitted his request for renewal of his contract as auditor for the City of Morro Bay. Councilman McConaghay asked if'it made any difference if the auditor lived within or outside the City limits as Mr. Willeford now resides within the City. Mr. Little stated that to his knowledge there were no requirements that the auditor had to live outside the City. However, he would check into the matter to be sure. MOTION: Councilman McConaghay moved that the request of Mr. Willeford for renewal of his auditing contract be approved providing there was nothing legally prohibiting him from auditing for the City while living within its limits. The motion was seconded by Councilman Donohoo and unanimously carried. C-8 Review of communications from Senators Cranston and Tunney regarding revenue sharing Mayor Mitchell informed Council that the City had received a telegram from Senators Cranston and Tunney informing them that the City will receive $129,000 as their portion of revenue sharing for the 1972 year. The City will receive half of this amount in October and will receive the other half in January of 1973. He stated that it is appropriate at this time for Council to consider some possible approaches to be taken toward the use of these funds. He felt that this should be assigned to a committee to study and bring suggestions back to Council. It was decided that the Finance Committee should work in con- junction with Staff to study the Priority List that the City is MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL October 9, 1972 establishing and find the best use for these funds. MOTION: Councilman Jennings moved that this matter be referred to the Finance Committee to study the Priority List and report back to Council. The motion was seconded by Mayor Mitchell and unanimously carried. C-9 Request for assignment of Carver and Morro Bay Fisheries leases Mayor Mitchell stated that Mr. Gallo, on behalf of the Estate of Laurance F. Carver, was requesting assignment of the Carver leases and the Morro Bay Fisheries lease to Brebes Morro Bay Fisheries. Mr. Little stated that the proper procedure for this was for Council to instruct Staff to prepare the necessary documents to effect the assignment. It was noted that in one of the leases under the Estate of Laurance F. Carver, a requirement that drawings be submitted by February, 1972 for improvements amounting to $50,000 had been given a one year extension by Council in order to give the heirs to the estate time in which to find a buyer for the leases. If the leases are assigned as requested, the assignee will still be required to submit these drawings by February, 1973. MOTION: Councilman Jennings moved that Staff be instructed to prepare the necessary resol- utions for the transfer of these leases for the Council's consideration at their next meeting. The motion was seconded by Councilman Donohoo and unanimously carried. Mayor Mitchell requested that Mr. Gallo supply the City with the articles of incorporation in the name of Brebes Morro Bay Fisheries. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser stated that she had been presented with a petition by Jack Watt requesting the Council to extend the Cable T. V. services to their area which includes the Bay Pines Trailer Park, Leroy Jones Trailer Park, and the new convalescent hospital. Mr. Warden informed Council that the franchise agreement with Cable T. V. does not specify whether or not the Council can direct them to install this service, but Staff can find out if it is possible. MOTION: Councilman Keiser moved that Staff be directed to contact Cable T. V. regarding the extension of their service. The motion was seconded by Councilman McConaghay and unanimously carried. 11 MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL October 9, 1972 (2) Councilman Keiser gave a brief report of her tour of the New England states. (3) Councilman Donohoo requested that Council give considera- tion to going on record opposing the Coastline Initiative, Proposition No. 20, on.the ballot. Council members felt that they should go on record opposing the initiative in its present form. MOTION: Councilman Donohoo moved that Council go on record opposing Proposition No. 20. The motion was seconded by Councilman Jennings and unanimously carried. (4) Councilman Donohoo presented Measure B for the considera- tion of the Council and requested they take a position on it. Members decided they would like to receive a copy of the measure before they took a position on it. (5) Mayor Mitchell stated that he had received notification from Chief of Police Richard Schacht regarding the rescuing of a young girl in the area of Morro Rock. The youths rescuing .the girl were Ellis Poudrier and Jeffery Monson, both eighteen years of age. The girl was thirteen and her name is Melianie Shamblin. The Chief recommended that Council commend the youths in some way for their heroism. MOTION: Mayor Mitchell moved that Staff be directed to prepare the appropriate certificate for presentation at the next regular meeting of the Council and that the youths be notified to attend. The motion was seconded by Councilman Jennings and unanimously carried. D-2 City Attorney (1) Mr. LeSage reported on two hearings; one regarding Ordin- ance No. 103 which the judge had ruled invalid and the other regarding American West. The American West hearing is being held over to October 30th. (2) Mr. LeSage stated that the Pipkin appeal has been extended to November llth. Some discussion ensued with Councilman Jennings advising Council that he and Councilman Keiser were to appear on a taped program to discuss the American West road issue. The program will be taped October llth in Santa Maria on KCOY TV. D-3 City Administrator (1) Mr. Little presented the Financial Report for the period July 1 through September 30, 1972 for the consideration of the Council. MOTION: Councilman McConaghay moved for the approval of the Financial Report for the period July 1 through September 30, 1972. The motion was seconded by Councilman Jennings and unanimously carried. MINUTES - MORRO Regular Meeting Page Ten BAY CITY COUNCIL October 9, 1972 (2) Mr. Little presented the Expenditure Report for the period September 16 through 30, 1972 for the consideration of the Council. MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period September 16 through 30, 1972. The motion was seconded by Councilman Donohoo and unanimously carried. (3) Mr. Little stated that the City was in the process of purchasing the Tebbetts property which is located next door to City Hall. The City offered $12,000 which has been accepted, but the property must come up for bid in court. He would like the Council, in executive session, to give him an amount to bid to if necessary. Council agreed to adjourn to executive session to give Mr. Little guidelines. 1. Letter from Corps of Engineers regarding the pier that is being constructed in Baywood.. 2. Letter from Bishop James L. Grady regarding solution to obtain- ing water. 3. Notice from J. H. Fitzpatrick, City Clerk of San Luis Obispo and secretary to the Whale Rock Commission regarding a meeting of the Whale Rock Commission on October ll,.1972, in the City Hall Chambers in San Luis Obispo. 4. Letter from the City of Half Moon Bay regarding Proposition 20. 5. Notice of the Arroyo Grande Valley Gay Nineties Harvest Festival. 6. Letter from Philip W. Amborn of Atascadero regarding animal in restaurant. Mr. Little stated that this letter had been forwarded to the County Health officers. 7. Letter from William Penn Mott, Jr., Director, Department of Parks and Recreation, regarding Heron Rookery. 8. Letter from U. S. Senator John V. Tunny regarding law enforce- ment. MOTION: Councilman Jennings moved that the corres- pondence be filed. The motion was seconded by Councilman Donohoo,and unanimously carried. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting be adjourned to executive session. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 9, 1972 Page Eleven The meeting adjourned to executive session at 10:45 p.m. and returned to regular session at 10:59 p.m. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting adjourned at 11:00 p.m. Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 25, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Councilman McConaghay gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, McConaghay and Mayor Mitchell ABSENT: Councilman Keiser MINUTES The minutes of the special meeting of September 7 and the regular meeting of September 11, 1972 were considered by the Council. MOTION: Councilman Donohoo moved for the approval of the minutes. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Hearing on vehicle abatement Mayor Mitchell cited the information regarding the vehicle up for hearing at this time. He opened the public hearing at 7:33 p.m. and called for presentations regarding this vehicle. As there were no presentations the hearing was closed at 7:33 p.m. MOTION: Mayor Mitchell moved that the vehicle be disposed of according to the vehicle abate- ment ordinance. The motion was seconded by Councilman Jennings and unanimously carried. UNFINISHED BUSINESS B-1 RESOLUTION NO. 90-72. Resolution approving agreement - Vienna Mayor Mitchell stated that this agreement insured that David and Frances Vienna would perform the improvements specified on Tract No. 425 by September 1, 1973 and provides for a surety bond in the amount of $30,000 to be submitted by the Vienna's. The property involves the area between Nevis and Nassau Streets. MOTION: Councilman Donohoo moved that Resolution No. 90-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little informed the Council that there would be an addendum added to the agreement which would state that the improvements would be in accordance with the requirements set by the Subdivision Review Board and approved by the Planning Commission. This would not change the wording of the Resolution, however. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 25, 1972 Page Two Mr. Little read Resolution No. 90-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 90-72. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. B-2 RESOLUTION NO. 91-72. Resolution approving map for Tract No. 425 - Vienna Mr. Little presented the map of the proposed tract for the consideration of the Council. MOTION: Councilman Donohoo moved that Resolution No. 91-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 91-72 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 91-72. The motion was seconded by Councilman Donohoo and unani- mously carried by roll call vote. B-3 RESOLUTION NO. 92-72. Resolution of intention to abandon portion of Main Street Mayor Mitchell stated that Council had previously considered this matter at the request of Mr. Al Chauvet and had decided that, because of the traffic noise factor, Council would abandon a small strip of property in front of Mr. Chauvet's property so that he may build a wall or plant shrubbery to alleviate the noise problem. It was noted that Council must decide first' -when the public hearing regarding this abandonment should be held. Council felt that a motion stating that it should be the second meeting from this date would be sufficient. MOTION: Councilman McConaghay moved that the second regular meeting from this date be set for the hearing regarding the Chauvet abandonment. The motion was seconded by Councilman Jennings and unanimously carried. MOTION: Councilman McConaghay moved that Resolution No. 92-72, as amended, be read by title only. The motion was seconded by Council- man Donohoo and unanimously carried. Mr. Little read Resolution No. 92-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 92-72 as amended. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. B_4 Consideration of Planning Director applications 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 25, 1972 Page Three Mayor Mitchell informed Council that eight applications for Planning Director have been received to date and Council should decide whether they want to extend the time for receiving applica- tions and readvertise or accept the applications presently on hand. Council members felt that the time should be extended in order that more applications for this position may be received. MOTION: Mayor Mitchell moved that the application period for Planning Director be extended to the end of November and Staff be dir- ected to place further advertisement in appropriate publications. The motion was seconded by Councilman Donohoo and unani- mously carried. B-5 Review of proposed floating docks Mayor Mitchell stated that Council was in receipt of a memo- randum from the City Administrator informing them of the probable costs for the construction of the proposed floating docks. The locations where they will be constructed are the launching ramp and the Dunes Street end together with former Lease Site No. 27W. Mr. Little informed the Council that Staff was requesting per- mission to go to bid on the project in the manner stated on the memorandum which would allow the City to accept either bids in the various phases of the project or the project as a whole. MOTION: Councilman Donohoo moved that the City Administrator be authorized to advertise for bids as outlined in his memorandum to Council. The motion was seconded by Councilman Jennings and unanimously carried. B-6 Request of the Motel Association to change irrigation days Mr. Little informed Council that the Motel Association was requesting a change in irrigation hours rather than days. He requested Council to give him time to bring them up to date regard- ing the current water situation before their determination on this matter. Mr. Little displayed a chart depicting the water levels of the wells in 1971 and in 1972. He stated that the City's position at this time is very stable and Staff feels that Council could safely lift the mandatory watering hour schedule and allow people to water when they wish during the day, but only on their specified days. At the same time, water rationing should still be in effect. Council felt that this would help everyone who has problems with the current watering hours allowed. Councilman McConaghay stated that this is a good idea, but people should be reminded to keep the water off their sidewalks and driveways. MOTION: Councilman Jennings moved that the scheduled time for watering be changed to the ,same scheduled days without any restriction as MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 25, 1972 Page Four far as hours are concerned. The motion was seconded by Councilman Donohoo and unanimously carried. Mary Phillips asked how much water was being used from Whale Rock and was informed that approximately fifty acre feet have been used to date. Councilman Jennings informed the people that Council is working on possible test sites for wells within the City and is engaging a professional to investigate this possibility. NEW BUSINESS C-1 Consideration of date for second Council meeting in October Mayor Mitchell informed Council that the second meeting date in October falls on the 23rd which is Veterans Day and a legal holiday. It was suggested that Council either set Tuesday, October 24th or Monday, October 30th as an alternate meeting date. MOTION: Councilman Donohoo moved that October 30, 1972 be set as the second regular meeting date in October for the City Council. The motion was seconded by Councilman Jennings and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D_1 City Council (1) Councilman Jennings stated that he was still working on the Harbor Ordinance with his committee and that they are making progress. (2) Mayor Mitchell stated that since Councilwoman Keiser is on vacation she had informed the Mayor that she would be unable to attend the first meeting of the Needs -Assessment Committee for the Morro Bay/Los Osos-Baywood Area regarding future needs for secondary school buildings. She had requested that the Mayor appoint someone in her stead for this first meeting. Mayor Mitchell requested that Murray Warden attend this meeting for Councilwoman Keiser. D=2 City Attorney (1) Mr. LeSage stated that two hearings were scheduled for Friday, September 29th. One was the final hearing on Ordinance No. 103 and the other relates to a request for injunction in the American/West development. (2) He reported that all easements in the Improvement District No. 6 have been received with the exception of one which is in default. D-3 City Administrator (1) Mr. Little presented the Expenditure Report for the period MINUTES - MORRO BAY CITY COUNCIL Regular Meeting Septmeber 25, 1972 Page Five for the period September 1 through 15, 1972 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period September 1 through 15, 1972. The motion was seconded by Councilman Jennings and unanimously carried. 1. Letter from E. M. Stephenson regarding Centennial Stairway. 2. Letter and Resolution from the City of Long Beach regarding Proposition No. 20 on coastal control. 3. Report from John Tunney regarding revenue sharing. 4. Letter from William Ketchum thanking Mr. Little for his letter of protest to the Water Resources Control Board. 5. Letter from Mrs. J. M. Theashu complimenting facilities of Yacht Club. 6. Letter from Florence G. Strong regarding water. MOTION: Councilman Jennings moved that the corres- pondence be filed. The motion was seconded by Councilman Donohoo and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned at 8:05 p.m. Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk u CL CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING September 11, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the 2. Minutes of the 3. Minutes of the regular meeting of adjourned regular executive meeting HEARINGS, APPEARANCES AND REPORTS August 28, 1972 meeting of August 30, 1972 of August 30, 1972 A-1 Appearance of Warren E. Goff regarding protest of sewer lateral repair charges A-2 Hearing on vehicle abatement A-3 Report of Council committee on municipal code codification UNFINISHED BUSINESS B-1 Resolution commending members of the Domenghini Trust B-2 Request of Virg Moores to lease additional water area B-3 Resolution amending lease for Lease Sites No.134, 135, 136 and 137 - Crill B-4 Request of Alfred J. Chauvet to abandon City property B-5 Resolution authorizing the execution of a Quitclaim Deed for Nevis Way between Nassau and Nevis Street B-6 Improvement District No. 7 proceedings B-7 Resolution accepting deed from Jerome C. Dowling - 535 Harbor Street B-8 Resolution changing Section 7 of Resolution No. 65-67 B-9 Ordinance No. 107, zoning regulation amendments - second reading B-10 Ordinance No. 108, sign ordinance amendments - second reading NEW BUSINESS C-1 Request of Ferne E. Wise to purchase City property C-2 Resolution authorizing examination of State Board of Equali- zation sales and use tax records INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 11, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Councilman McConaghay gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Mayor Mitchell ABSENT: None MINUTES Jennings, Keiser, McConaghay and The minutes of the regular meeting of August 28, the adjourned regular meeting of August 30 and the executive meeting of August 30, 1972 were considered by the Council. MOTION: Councilman Donohoo moved for the approval of the minutes. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of Warren E. Goff regarding protest of sewer lateral repair charges Mr. Goff was present at this meeting and stated that he did not feel the charges to him were justified because he did not own the property at the time the damage was incurred. He said that the City had had the repairs made and should pay for them. Mr. Little explained that sewer lateral repairs were the res- ponsibility of the property owner. At the time the City had the repairs made, the situation constituted that of an emergency. Property owners North of the area where the repairs were needed were complaining because sewage was running down the street. Mr. Little informed Council that there were four property owners in- volved which had been charged $50.00 each. The total bill for the repairs was $262.00; $62.00 of which the City took responsibility for as there was some minor street patching which was needed. He stated that the damage was done before the City was incorporated and was the fault of the contractor that installed the curbs and gutters. Mayor Mitchell stated that he saw no reason why the Council should modify the original position taken by City Staff. MOTION: Mayor Mitchell moved that the request of Mr. Goff be denied. The motion was seconded by Councilman Donohoo and unanimously carried. A-2 Hearing on vehicle abatement Mayor Mitchell gave the particulars of the vehicle set for hearing at this time. The registered owner and property owner where the vehicle is located had been notified. Both notifications MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 11, 1972 Page Two had been returned; one unclaimed and the other not being able to locate the mailee. Mayor Mitchell opened the public hearing at 7:45 p.m., and called for presentations regarding the vehicle. As there were no presentations, the hearing was closed at 7:46 p.m. MOTION: Councilman McConaghay moved that the vehicle listed be disposed of by the City under the provisions of the vehicle abatement ordinance. The motion was seconded by Councilman Jennings and unanimously carried. A-3 Report of Council committee on municipal code codification Mayor Mitchell stated that he and Councilman Donohoo had re- viewed the various companies which do codification for cities and decided that Book Publishing Company would do the City the best service. They have done the codification for the County of San Luis Obispo and the County feels that they are the best company to deal with because of the cooperation they received from them. The Committee, therefore, recommends that Council appoint Book Pub- lishing Company as the company to codify the municipal code for the City of Morro Bay. Councilman McConaghay asked if the City had considered going to bid for this type of project. Mr. Little stated that this would be difficult to do because of the phases involved. The Council had budgeted $3,000 for the project this fiscal year which would get it started. It would probably take approximately a year and a half to complete the codification and cost a total of five or six thousand dollars. MOTION: Councilman McConaghay moved that Staff be authorized to contact Book Publishing Company to invite negotiations for cod- ification of the Morro Bay Municipal Code. The motion was seconded by Councilman Keiser and unanimously carried. UNFINISHED BUSINESS B-1 RESOLUTION NO. 84772. Resolution commending members of the Domenghini Trust Mayor Mitchell stated that this resolution was prepared to commend the members of Domenghini Trust for making available to the City a supply of water from one of their wells together with the necessary transmission lines and auxiliary pumps during the current water shortage that Morro Bay is experiencing. Mr. Little read Resolution No. 84-72 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 84-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 11, 1972 Page Three Mayor Mitchell stated that he also had a Certificate of Appre- ciation to present to Louis Domenghini for his unsolicited generosity in helping to alleviate a serious water emergency in the City of Morro Bay. As Mr. Domenghini was not present, Mr. Little was dir- ected to see that he received the Certificate. B-2 Request of Virgil Moores to lease additional water area Mr. Little stated that Mr. Moores has both water and land lease sites. His present water area would accomodate only a vessel as large as sixty-five feet and he plans on purchasing one eighty- five feet long. He is, therefore, requesting that Council consider granting him an extra 20 feet for this purpose. Mr. Little said that this area would not interfere with any other lease site and recommended that Council approve this request. He felt that the area should be made part of the present County lease. At any rate, Staff would come back to Council with recommendations regarding the leasing of this area. MOTION: Mayor Mitchell moved that Staff be author- ized to negotiate with Mr. Moores with respect to adding twenty feet to Lease Sites No. 124W and 125W. The motion was seconded by Councilman Donohoo and unani- mously carried. B-3 RESOLUTION NO. 85-72. Resolution amending lease for Lease Sites No. 134, 135, 136, and 137 - Crill Mayor Mitchell stated that the amendment to this lease named the City of Morro Bay as Lessor instead of County and allowed a twenty year term extension. MOTION: Councilman Donohoo moved that Resolution No. 85-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 85-72 by title only. MOTION: Councilman McConaghay moved for the adoption of Resolution No. 85-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. B-4 Request of Alfred J. Chauvet to abandon City property Mr. Little informed the Council that they had previously approved the abandonment of a strip of property in front of Mr. Chauvet's property to enable him to alleviate the noise problem he faces as his property is on Main Street. This property would allow him to build a wall or grow shrubbery for this purpose. At the time of the Council's approval, Mr. Chauvet declined to take advantage of the opportunity. He is now requesting that Council approve this abandonment so that Staff may initiate proceedings. MOTION: Councilman Jennings moved that Staff be instructed to prepare the necessary docu- ments to comply with the abandonment as 11 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL September 11, 1972 requested by Mr. Chauvet. The seconded by Councilman Keiser mously carried. motion was and unani- B-5 RESOLUTION NO. 86-72. Resolution authorizing the execution of a Quit Claim Deed for Nevis Way between Nassau and Nevis Streets Mayor Mitchell stated that Council had'previously abandoned this paper street and were now being requested to adopt a resolution for a Quit Claim deed for this property. MOTION: Councilman Donohoo moved that Resolution No. 86-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 86-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 86-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. B-6 Improvement District No. 7 proceedings Mayor Mitchell stated Improvement District No. 7 would provide a street connecting Atascadero Road to Azure and Sandlewood streets. It would also provide access to the American/West Travel Trailer Park. Mr. LeSage asked that Council defer action on these proceedings until the next meeting of the Council at which time he will have prepared an agreement between the City of Morro Bay and the developers for the consideration of the Council. MOTION: Councilman Keiser moved that the matters contained in Item B-6 be deferred until the next regular meeting of the Council. The motion was seconded by Councilman Jennings and unanimously carried. B-7 RESOLUTION NO. 87-72. Resolution accepting deed from Jerome C. Dowling - 535 Harbor Street MOTION: Councilman Donohoo moved that Resolution No. 87-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 87-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 87-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 11, 1972 Page Five B-8 RESOLUTION NO. 88-72. Resolution changing Section 7 of Resolution No. 65-67 Mayor Mitchell stated that this resolution would change the per diem rates for travel expenses from $30.00 per day to $35.00 per day. MOTION: Councilman Donohoo moved that Resolution No. 88-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 88-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 88-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. B-9 ORDINANCE NO. 107. Zoning regulation amendments - second reading MOTION: Councilman Donohoo moved that Ordinance No. 107 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Ordinance No. 107 by title only. MOTION: Councilman Donohoo moved that this constitute the second and final reading of Ordinance No. 107 and that it be adopted. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. B-10 ORDINANCE NO. 108. Sign Ordinance amendments - second reading Mayor Mitchell stated that he questioned the prohibition of temporary sandwich -board signs. These signs are used in the City to advertise and direct people to events held in the City such as bar-b-ques, etc. He felt that these signs are very necessary to the success of these events. Mr. Little stated that Sections 5315 and 5313.5 of the Sign Ordinance provided for these temporary signs. All that is required is administrative approval. MOTION: Mayor Mitchell moved that Ordinance No. 108 be read by title only. The motion was seconded by Councilman Jennings and unani- mously carried. Mr. Little read Ordinance No. 108 by title only. MOTION: Councilman Jennings moved that this con- stitute the second and final reading of Ordinance No. 108 and that it be adopted. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. 0 1i MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 11, 1972 Page Six NEW BUSINESS C-1 Request of Ferne E. Wise to purchase City property Mayor Mitchell stated that Council was in receipt of a request from Mrs. Wise to purchase a piece of property from the City located on Hemlock Avenue. She has recently purchased the lot North of this property from Mr. R. W. Smith. Mr. Little stated that Mrs. Wise owns four lots to the North of the parcel owned by the City. When Mr. Smith owned the lot to the North of the City property, he had requested the City to sell the property to him; but had been unwilling to purchase it at the appraisers value of $2500. Council had felt at that time that they would not sell the lot unless it was to adjoin with another lot as the present contains only 2362 square feet. Councilman Keiser felt that the property should be retained as a possible site for a small park. MOTION: Councilman Keiser moved that Council refuse the request for sale of the property as, discussed. The motion was seconded by Councilman McConaghay and unanimously carried. C-2 RESOLUTION NO. 89-72. Resolution authorizing examination of State Board of Equalization Sales and.,Use Tax Records Mr. Warden explained to the Council that this resolution enables the City to be assured that it has business licenses for all people doing business in the City and also provides a check on the lease sites gross receipts, which is required by the City from the lease holder to pay a percentage of as part of their lease payment. He stated that these records are strictly confidential and that the designated official is liable to criminal proceedings if he makes any of the information derived public. MOTION: Councilman Donohoo moved that Resolution No. 89-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Joseph Giannini stated that the Council was delving into the private affairs of the citizens. He felt that enough checks were put on citizens as it is and that they should be trusted. Mr. Little stated that a resolution is already in effect for this purpose, but that the names designated in it are that of C. Ted White and Mayor Jack Surfluh. The present resolution was merely bringing the previous one up to date. Councilman Jennings felt that the resolution should be read in its entirety. Mr. Little read Resolution No. 89-72 in its entirety. Councilman Keiser felt that "or any designated assistant or employee of such officer" should be deleted from the resolution to MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 11, 1972 Page Seven assure the privacy of the citizens. MOTION: Councilman Keiser moved that the words "or any designated assistant or employee of such officer" be stricken from the resolu- tion. The motion was seconded by Councilman McConaghay. Mayor Mitchell felt that the deleting of this portion was unnecessary. Councilman Jennings stated that this would enable the Assist- ant City Administrator to obtain the information needed if the City Administrator was unable to be in Sacramento at a certain time. The motion failed on the following roll call vote: AYES: Councilmen Keiser and McConaghay NOES: Councilmen Donohoo, Jennings, and Mayor Mitchell MOTION: Councilman Donohoo moved for the adoption of Resolution No. 89-72. The motion was seconded by Councilman Jennings and carried on the following roll call vote: AYES: Councilmen Donohoo, Jennings and Mayor Mitchell NOES: Councilmen Keiser and McConaghay INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser stated that she had had conversation with Sandal and he is concerned about the Heron Rookery which is located on the Fairbanks property. Apparently children are throwing rocks in the trees and scaring the birds away. She requested that Staff write to Mr. Mott of the State Department of Parks and Recreation to find out the State's intentions for this property. They had intended to buy it. Mr. Little stated that the State had offered the property owner money for this parcel, but the property owner had requested a large tax write-off in addition, in which case the matter is pending at this time. Comments were heard from Mrs. walling and Mr. Shelton. Staff was directed to write Mr. Mott to find out the status of this property. (2) Councilman Donohoo stated that there is to be a meeting of the Council on Intergovernmental Relations next Friday in Long Beach and he requested Council permission to attend. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 11, 1972 Page Eight MOTION: Councilman Keiser moved that Councilman Donohoo be authorized to attend. the meeting of the Council on Intergovern- mental Relations in Long Beach. The motion was seconded by Councilman Jennings and unanimously carried. D=2 City Attorney (1) Mr. LeSage reported that there had been a motion for a preliminary injunction in the American/West suit and a motion for summary judgement made by the Den -bulk attorneys relating to Ordinance No. 103. D-3 City Administrator (1) Mr. Little presented the Expenditure Report for the period August 16 through 31, 1972 for the consideration of the Council. MOTION: Councilman McConaghay moved for the approval of the Expenditure Report for the period August 16 through 31, 1972. The motion was seconded by Councilman Jennings and unani- mously carried. (2) Mr. Little presented the Financial Report for the period July 1, 1972 through August 31, 1972 for the consideration of the Council. MOTION: Councilman Donohoo moved for approval of the Financial Report for the period July 1, 1972 through August 31, 1972. The motion was seconded by Councilman Jennings and unanimously carried. (3) Mr. Little presented Transfer Voucher No. 2-3-03 for Land Acquisition for the two parcels of property located dir- ectly West of City Hall. MOTION: Councilman Donohoo moved that Transfer Voucher No. 2-3-03 be approved. The motion was seconded by Councilman Jennings and unanimously carried. (4) Mr. Little stated that the City had received an invitation from the City of Pismo Beach to attend the retirement party of J. Elmer Ross, Director of Public Works. He requested permission from Council to allow the Public Works Director to attend this event. MOTION: Councilman Donohoo moved that Doug Stuart, Public Works Director be authorized to attend the retirement party of Pismo Beach Director of Public Works, J. Elmer Ross. The motion was seconded by Councilman Jennings and unani- mously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 11, 1972 Page Nine (5) Mr. Little requested permission from Council to allow Don Brown, Planning Commissioner, to attend the Cable T.V. workshop in Los Angeles. MOTION: Councilman Donohoo moved that Planning Commissioner Don Brown be allowed to attend the Cable T.V. workshop in Los Angeles along with Councilman Jennings. The motion was seconded by Councilman Jennings and unanimously carried. (6) Mr. Little stated that he had recieved notice from the State Water Resources Control Board of a meeting to be held in Sacramento on September 27, 1972. He informed the Council that he had previously written to the Board protesting the re- quirements of the Water Quality Control Plan for Ocean Waters. This plan calls for technical reports to be submitted to the Board prior to January 15, 1972. He had stated in his letter that the City has not the budgeted funds nor the expertise to prepare the reports in the time allocated. He felt that either he or Mr. Warden should definitely attend this important meeting which would discuss this matter. MOTION: Councilman Keiser moved that the City Administrator be authorized to attend the State Board meeting on September 27, 1972 in Sacramento. The motion was seconded by Councilman Donohoo and unanimously carried. (7) Mr. Little stated that he had received a report from the Insurance Adjusters stating that they are prepared to reimburse the City in the amount of $6,908.69 for damages incurred in the recent fire at the Sanitary Plant. Mr. Little felt that this was a fair estimate in view of the fact that the City was under - insured with regards to fire insurance. He recommended that the Council move to accept the amount offered by the company. Mayor Mitchell asked if this amount included replacing the personal tools of employees that were lost. Mr. Little said that it did not, however, he would take a total of those lost and see if the City could replace them. MOTION: Mayor Mitchell moved that Staff be auth- orized to accept'the settlement offered by J. A. Ritsema and Associates, Insurance Adjusters, for fire damages at the Sanitary Plant. The motion was seconded by Council- man Jennings and unanimously carried. CORRESPONDENCE 1. Letter from San Luis Coastal Unified School District inviting City Council to be represented on a committee to study future needs for secondary school buildings for students in the Morro Bay and Baywood-Los Osos area. 0 I • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 11, 1972 Page Ten MOTION: Mayor Mitchell moved that Councilman Keiser be appointed to represent the City Council at this meeting. The motion was seconded by Councilman Donohoo and unanimously carried. 2. Letter from the Division of Highways informing the City that they could not expect a signal light at the Highway 1 and San Jacinto intersection in the near future, however, addi- tional warning signs would be placed to help alleviate the problem. MOTION: Councilman McConaghay moved that the corres- pondence be filed. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little informed the Council that he had received the plans for the proposed boat slips on the Embarcadero and requested that the Public Works Committee of the City Council meet with Staff to examine them. They will be brought back to Council at the next meeting. MOTION: Councilman Jennings moved that the Public Works Committee review the plans for the dockage slips on the Embarcadero. The motion was seconded by Councilman Donohoo and unanimously carried. Councilman Jennings asked if Staff could be directed to provide water for Council members during the meeting. Mr. Little said he would take care of it. Mrs. Mary Phillips made several comments. No action was taken by Council. ADJOURNMENT MOTION: Mayor Mitchell moved that the meeting adjourn. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting adjourned at 9:06 p.m. Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Thursday, September 7, 1972 at 7:30 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California to consider the following: 1. Special election November 7, 1972 DATED: September 5, 1972 DALE C. MITCHELL, Mayor City of Morro Bay,,, California lu/Lw�ir„iY11�1 MINUTES - MORRO BAY CITY COUNCIL Special Meeting September .7, 1972 7:30 p.m. City Hall Conference Room The meeting was called to order at 7:30 p.m. by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None Mayor Mitchell stated that he had called a special meeting at the request of some of the Councilmen to discuss the upcoming special election in November. Judge Fred Schenk stated that since there were so many people crowded into the conference room and quite a few in the lobby, perhaps the Mayor would like to adjourn the meeting to the Justice Court which could amply accomodate everyone. Mayor Mitchell stated that because the meeting was noticed for this location the meeting should be conducted here. Councilman Keiser began stating her view on the Embarcadero extension issue which was scheduled to be on the November ballot for decision by the voters. Because of constant interruptions from various members of the audience and Mayor Mitchell's attempts to maintain order failing, the Mayor called a recess. -at 7:35 p.m. RECESS 7:35 p.m. RECONVENED 7:40 p.m. During the recess Mr. LeSage had researched the legality of Council moving the meeting to another location and had determined that the Mayor could adjourn this meeting to any time and location he wished. MOTION: Mayor Mitchell moved that the meeting adjourn to the Justice Court at 7:50 p.m. this date. The motion was seconded by Councilman Keiser and unanimously carried. ADJOURNED 7:40 p.m. RECONVENED 7:50 p.m. Mayor Mitchell called the meeting to order and admonished the audience that the meeting must be conducted in an orderly manner. Councilman Keiser felt that in view of the pending question of the legality of Ordinance No. 103 in the courts, the question of the Embarcadero extension scheduled to appear on the November ballot should be withdrawn. Councilman Jennings stated that he felt the same. The matter could certainly be put on the ballot at a later date. Mayor Mitchell felt that the road is important and should be put in; but whether or not the Ordinance is ruled valid or invalid, he would not be in favor of putting it in without submitting it to the people for a vote. MINUTES - MORRO BAY CITY COUNCIL Special Meeting September 7, 1972 Page Two It was noted that the final hearing date in the courts for Ordinance No. 103 is set for September 29th. Councilman Keiser felt that the people of the City are perhaps not clear on the Embarcadero extension issue and may be confusing it with the American/West access road. She felt that if the matter was postponed for awhile, it would give the issue a time for clari- fication. Comments were heard from Judge Schenk, Mr. McGonagill, Hugh Case, Linnea Waltz, Joseph Giannini, Gideon Pierce, Katherine Bell, May Davey, and Neil Moses. There was lengthy discussion regarding the exchange of property to realign the road which would connect Embarcadero with Atascadero Road. Judge Schenk stated that this exchange with Den -bulk allowed him a prime development spot. He stated that if Council could revert the road back to the original alignment, he would endorse the Embarcadero extension. Some council members felt that a postponment of the election would give them time to clear up some of the problems bothering the people. MOTION: Councilman Jennings moved that the issue of the Embarcadero extension scheduled for the November 7th ballot, be withdrawn. The motion was seconded by Councilman Keiser. Judge Schenk asked the Council if they would still agree to submit the issue of the Embarcadero extension to the people in the event that the Ordinance is found invalid. All Council members with the exception of Councilman McConaghay agreed that they would not proceed with the Embarcadero extension without submitting the issue to the vote of the people. Councilman McConaghay felt that the road is necessary. He had orginally felt that it was quite expensive, but the Council had convinced him that it is the right thing. He felt that the matter should be left on the ballot for decision by the voters at this time. The motion was carried with Councilman McConaghay voting no. Mr. Little stated that Staff had prepared a resolution rescinding the previous resolutions passed to put the matter on the ballot in the event that Council decided to go this way. Mr. Little read Resolution No. 83-72 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 83-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. MOTION: Councilman McConaghay moved that the meeting be ad)ourned. The motion was seconded by Councilman Jennings and unanimously carried. • MINUTES - MORRO BAY CITY COUNCIL Special Meeting September 7, 1972 Page Three The meeting was adjourned at 9:00 p.m. Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting August 30, 1972 7:00 p.m. City Hall Conference Room The meeting was called to order at 7:00 p.m. by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None 1. Travel Expense per diem The first item discussed concerned the need for adjustment of the per diem rate for employee travel expenses. The rate of $30.00 per day has been inceffect:since the City was incorporated. It was felt that Council should "consider the possibility of increasing this rate. MOTION: Councilman Jennings moved that Staff prepare the necessary resolution to adjust the present per diem rate to provide for $35.00 per day. The motion was seconded by Councilman Donohoo and unanimously carried. 2. RESOLUTION NO. 82-82. Resolution rescinding Resolution No. 72-72 which established water rates and a deposit charge and establishing new water rates and a new deposit charge MOTION: Councilman Donohoo moved that Resolution No. 82-82 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 82-82 be title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 82-82. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. 3. Nevis Way abandonment Council members discussed the necessity of executing a quit claim deed for the abandonment of Nevis Way. MOTION: Councilman Donohoo moved to instruct the City Attorney to draft the necessary quit claim deed in the name of David P. Vienna and Frances T. Vienna for the abandonment of Nevis Way. The motion was seconded by Councilman Jennings and unanimously carried. 4. City Council agenda MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting August 30, 1972 Page Two Council members discussed how the agenda is prepared and how -Council can have some indication of the subjects which are to be discussed by individuals wishing to appear before the Council. Council agreed to have Staff survey other cities:to determine if a policy should be adopted for preparation of the agenda. 5. Photographs of councilmen Council discussed the possibility of having pictures taken of Councilmen for display in City Hall. MOTION: Councilman Jennings moved that Council approve having pictures of all former, present and future councilmen taken and displayed in City Hall. The motion was seconded by Councilman Keiser and was carried with Councilman McConaghay abstaining. 6. Interviewing of Planning Commission applicants MOTION: Councilman Jennings moved that Council adjourn to executive session to consider applicants for the position of Planning Commissioner. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting adjourned to executive session at 7:21 p.m. and reconvened to regular session at 9:53 p.m. MOTION: Councilman Jennings moved that Robert P. Sanders be appointed to the position of Planning Commissioner to fill the unex- pired term of Steve McNichols. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. It was noted that the term of Mr. Sanders will expire December 31, 1972. MOTION: Councilman McConaghay moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unani- mously carried. The meeting adjourned at 9:55 p.m. Recorded by: M. L. WARDEN, Assistant By: Ardith Davis Deputy City Clerk City Administrator CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING August 28, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the 'regular meeting of 2. Minutes of the executive meeting 3. Minutes of the adjourned regular HEARINGS, APPEARANCES AND REPORTS August 14, 1972 of August 14, 1972 meeting of August 16, 1972 A-1 Presentation of Centennial Stairway Committee A-2 Appearance of representatives of The Liaison Committee to request reconsideration of proposed high school condemna- tion action UNFINISHED BUSINESS B-1 Resolution ordering that a special election be held on Novem- ber 7, 1972 to determine if a road and bridge should be con- structed within the area defined by Ordinance No. 103 B-2 Resolution authorizing certain Council members to file argu- ments in favor of special election measure B-3 Review of methods of proceeding for condemnation B-4 Recommendations for change in water rate schedule B-5 Resolution and order abandoning Nevis Way NEW BUSINESS C-1 Request of James P. Eddy for 90 and 90W C-2 Proposed ordinance amending C-3 Proposed ordinance amending C-4 Request for authorization to seal program City lease, Lease Sites No. zoning regulations the sign ordinance solicit bids for annual chip INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 28, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to of Allegiance. Reverend Wood the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Mayor Mitchell ABSENT: None MINUTES order at 7:30 p.m. with the Pledge of the Assembly of God Church gave Jennings, Keiser, McConaghay and The minutes of the regular meeting of August 14, the executive meeting of August 14, and the adjourned regular meeting of August 16, 1972 were considered by the Council. Mayor Mitchell stated that page two under item A-3 of the regular meeting of August 14th, states that "the Council is within their right to appeal the decision of the Planning Commission in this matter." He felt this should be corrected to state that "the Council is within their right to consider the appeal of the Planning Commission's decision in this matter." as the Council does not have the right, as a body, to appeal Planning Commission decisions. On that same page Mayor Mitchell made a motion that "the Council hear the matter of a Use Permit for American/West at this time." Mayor Mitchell stated that the intent of the motion was "that the Council hear the matter as an appeal of the entire Use Permit for American/West at this time." and requested that Staff correct the motion to indicate this. MOTION: Councilman Donohoo moved that the minutes be approved as corrected. The motion was seconded by Councilman Jennings and unani- mously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Presentation of Centennial Stairway Committee Mr. James Maul spoke briefly about the plans for the stairway that is to be constructed at the Western end of Morro Bay Boulevard to form a connecting link between Morro Bay Boulevard and the Embarcadero. The model of the proposed stairway was available for the view of the Council and audience. The working drawings will be made by Cal Poly students who will be paid a sum of $500 for their time by the Morro Bay Rotary Club. Mr. 'KorisheTr described the sculpture he is making for the top of the staircase. It is to be made out of granite and will be of three peli:cans%, He also informed the Council that at the bottom of the staircase, the committee had designed a chess board in a patio area. The chessmen for the board would be about waist high. One of the students who designed the project was present and explained the model to the Council. It was noted that the staircase 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August H , 1972 Page Two will have handrails and benches for the benefit of the public. Also, there will be lighting and landscaping. Mayor Mitchell stated that the Planning Commission and the Stairway Committee had already approved the design, and it was left for the Council to approve it in order for the actual drawing of plans to begin. MOTION: Mayor Mitchell moved that Council approve, in concept, the model as set forth. The motion was seconded by Councilman Jennings and unanimously carried. A-2 Appearance of representatives of The Liaison Committee to request reconsideration of proposed high school condemnation action Mayor Mitchell stated that The Liaison Committee was requesting time to make a presentation to the Council and asked that their representative come forward. Mr. Sid Bennett stated that he re- presented the Liason Committee which consisted of several groups along with school faculty and members of the Baywood-Los Osos area as the children in this area also attend Morro Bay High School. The Committee had asked Mr. Bennett to present their views which request that the Council reconsider their decision to condemn pro- perty at the West side of the school for a road. He stated that the Committee wished to call the Council's attention to the petition signed by 2,300 people which indicated the will of the people. The Committee felt, that the present decision of the Council would cause a rift within the City which would be a long time in healing. He stated that the Committee felt that, when the petition was circulated, the students at the high school would receive a real lesson in democracy, but that perhaps now they feel that it is difficult to fight City Hall. Mrs. Walling called the Council's attention to the fact that the Audubon Society and the Sierra Club had also openly opposed this road. Councilman McConaghay stated that he did not feel that Council could give much credibility to the petition referred to, as he has understood that the handling of the petition was done with a dis- torting of the facts. He did not feel that those circulating the petition gave the correct facts to those signing the petition. Comments were heard from those backing. -the Liaison Committee. These were Mr. Shelton, Judge Schenk, Joseph Giannini, Harriet Holman, Gideon Pierce, Mr. Rice, Mr. McAdams, Mrs. Brixey, Mr. McGonagill, Mrs. McGuire and Mrs. Bell. These people felt that the Council should put the matter on the ballot and let the people decide what should be done with the property. Those in favor of the road and supporting the Council's pre- vious decision were Kerme Anderson, Larry Davis, Vernon Crass and Jack Youngs. These people maintained that the Council had been elected to make the decisions for the people and should do so. They must think of the 7,000 people in Morro Bay who do not attend Council meetings but depend on the Council to make the right decisions. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 28, 1972 Page Three Mayor Mitchell felt that the matter should be placed on the ballot so that the people could decide this issue. He also felt that the Council had been appointed to make the decisions; but in this case, where there seemed to be such a large number of people against the proposed road and because it is such a controversial issue, the matter should be placed on the ballot. MOTION: Mayor Mitchell moved that Staff be directed to prepare the question to be placed on the ballot, of whether or not this roadway should be constructed. The motion was seconded by Councilman McConaghay and failed on the following roll call vote: AYES: Councilman McConaghay and Mayor Mitchell NOES: Councilmen Donohoo, Jennings and Keiser RECESS 8:56 p.m. RECONVENED 9:15 p.m. UNFINISHED BUSINESS B-1 RESOLUTION NO. 79-72. Resolution ordering that a special election be held on November 7, 1972 to determine if a road and bridge should be constructed within the area defined by Ordinance No. 103 MOTION: Councilman Donohoo moved that Resolution No. 79-72 be read by title only. The motion was seconded by Councilman Jennings Mayor• Mitchell felt that Mr.. LeSage should advise the City how this Ordinance presently stands in court in view of the recent ruling of Judge O'Reilly. Mr. LeSage stated that as late as this afternoon, Judge O'Reilly had reversed his decision and issued a temporary injunction instead of a final judgement. There seems to be a question about the validity of the Ordinance, but judgement is still pending. Mr. Little stated that if Council passed this Resolution and it was sent on to the County, it would be on the ballot whether or not the Ordinance was ruled invalid. The motion was carried unanimously. Mr. Little read Resolution NO] 79-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No: 79-72. The motion was seconded by Councilman Keiser and unani- mously carried by roll call vote. B-2 RESOLUTION NO. 80-72. Resolution authorizing certain Council members to file arguments in favor of special election measure MOTION: Councilman McConaghay moved that Mayor Mitchell be authorized to write the argument MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 28, 1972 Page Four for the measure on behalf of the Council. The motion was seconded by Mayor Mitchell and unanimously carried. MOTION: Councilman Donohoo moved that Resolution No. 80-72 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 80-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 80-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. Councilman Keiser thought that perhaps all Councilmen should have a voice in the wording of the argument and should sign it. Mr. LeSage stated that, in order that .there be no question of the legality of the Resolution, the Council should amend it to indicate that all Council members be authorized to write an argument for the measure. MOTION: Councilman Donohoo moved that Resolution No. 80-72 be amended by changing Section 1 to read "all members'.' rather than "Mayor Mitchell" are authorized to file a written argument for the measure. The motion was seconded by Councilman McConaghay and unani- mously carried. Mrs. May Davey asked how many signatures were allowed on the argument against the measure. Mayor Mitchell informed her that a limit of five signatures is placed on the arguments. B-3 Review of methods of proceeding for condemnation Mr. LeSage stated that he wished Council to determine a matter of policy regarding the condemnation proceedings. He said that the Council could either proceed with the contract prior to the forma- tion of an assessment district or form the assessment district and then let the assessment district go ahead with the condemnation and bear the costs. Mr. LeSage recommended the latter of these two choices as the contract is involved and could get difficult. Another matter of policy that Council should decide on is when the City does get to condemnation proceedings, Council can ask for immediate possession or defer and wait for the obtaining of a judge- ment. Mr. LeSage recommended that Council wait for a judgement in the condemnation suit. MOTION: Councilman Donohoo moved that Council proceed by forming an assessment district first and waiting for a judgement without request for immediate possession. The motion was seconded by Councilman Jennings and carried with Council- MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 28, 1972 Page Five man McConaghay and Mayor Mitchell voting no. Mr. LeSage felt that there should be an agreement between the City of Morro Bay and the developers. The considerations to be taken up in this agreement should be that the construction of the development not take place until the road is completed, landowners guarantee any deficiencies or cost of suit that might occur on the Johnson property and that no cost in general be made to the school district or the City in taking the properties. He said that if Council felt these provisions equitable, he would draft them in agreement form for their consideration. Council concurred. B-4 Recommendations for change in water rate schedule Mr. Little explained his memorandum to the Council in which he informed them of the recommendations of the Council appointed water regulation committee regarding the change in water rates. The committee had basically decided that there should be a minimum rate for a certain amount of water plus a 504 charge per 100 cubic feet of water. They differed in their opinions as to what the minimum rate should be. Some members felt that a $2.00 minimum should be charged and others felt that a $4.00 minimum was more equitable. The plan called for a basic system which provided for an equal price for all water used. The objective of the plan was to allocate 25% of the total revenue from water to a reserve account to be used for supplemental water or capital expenses of the supply system. The rate would remain in effect until analysis shows a need for change. The method used to accomplish this would be to increase rates to produce $50,000 over the anticipated income for the first year. The City could assume that water consumption will be 20% less than a year ago due to rationing and higher prices. The committee had requested that Council give special consid- eration to the minimum rate. Councilman McConaghay, who is a member of this committee, felt that the minimum rate should be $4.00. He stated that it costs over $1.00 to process each bill and that the extra dollar at a $2.00 minimum would not cover the cost of water used in that minimum which is 500 feet. He stated that in order to pay the salaries for the billing, accounting, etc., the minimum charge.should be'.at $4.00 and the minimum usage at that price be 800 cubic feet. This amount would pay for the billing and the pro- cessing of the accounts. The increased rate of 504 per 100 cubic feet would be used for capital improvements, maintenance, etc. Mr. Giannini, who attended the committee meeting and Mr. Shelton, who is a committee member, stated that the $2.00 minimum would be more equitable to the small user. They felt that the $4.00 minimum would be an incentive to use the alloted minimum and would, in addition, hurt persons on a fixed income. Comments were heard from Mr. Rice, Mr. Maxian, and Mr. Stack. MOTION: Councilman Jennings moved that Council accept the rate of $4.00 minimum and 50C per 100 MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL August 28, 1972 cubic feet. The motion was seconded by Councilman Donohoo and unanimously carried. Mayor Mitchell asked what the reserve money collected from the increased rates would be used for. Mr. Little stated that rather than long range plans, it would be used for current needs such as storage facility expansion. Mr. Little stated that he would prepare a resolution rescinding the previous water rate schedule and implementing the new one. This rate schedule will take effect September 1st. B-5 RESOLUTION NO. 81-72. Resolution and order abandoning Nevis Way MOTION: Councilman Donohoo moved that Resolution No. 81-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 81-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 81-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. NEW BUSINESS C-1 Request of James P. Eddy for City lease, Lease Sites No. 90 and 90W Mayor Mitchell stated that Council was in receipt of a letter from Mr. Eddy requesting that the Council grant him a City lease for a forty year period. He stated that the five year renewal allowed by his County lease did not allow him time to amortize the investments he has already made in the property. He listed the improvements he plans to make should the Council grant him the lease as requested. Councilman Keiser stated that she had visited Mr. Eddy at his lease site and he had explained to her the improvements he has planned. She feels that this would be an asset to the community and recommended that Mr. Eddy be granted a City lease. Mayor Mitchell felt that negotiations were in order as the City has set a policy of forty years for a City lease, but this does not necessarily mean that Mr. Eddy should be granted the full forty years. MOTION: Mayor Mitchell moved that a committee consisting of Councilmen Keiser and Jennings and Mr. Little meet with Mr. Eddy and that the committee make recommendations to the Council on this matter. The motion was seconded by Councilman Keiser and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 28, 1972 Page Seven C-2 ORDINANCE NO. 107. Ordinance amending zoning regulations MOTION: Councilman Donohoo moved that Ordinance No. 107 be read by title only. The motion was seconded by Councilman Jennings. Jack Youngs asked that the Ordinance be read aloud so that he may be made aware of the changes contemplated. Councilman Donohoo withdrew his motion and Councilman Jennings his second. Mr. Little read Ordinance No. 107 in its entirety. MOTION: Councilman McConaghay moved that this con- stitute the first reading of Ordinance No. 107. The motion was seconded by Councilman Jennings and unanimously carried. C-3 ORDINANCE NO. 108. Ordinance amending the Sign Ordinance Mr. Little read Ordinance No. 108 in its entirety. MOTION: Councilman McConaghay moved that this con- stitute the first reading of Ordinance No. 108. The motion was seconded by Councilman Jennings and unanimously carried. C-4 Request for authorization to solicit bids for annual chip seal program Mayor Mitchell stated that Council was in receipt of a memo- randum from the Public Works Department requesting authorization to solicit bids for the annual chip seal program. Funds in the amount of $10,000 have been budgeted. MOTION: Councilman Donohoo moved that Staff be authorized to solicit bids for the annual chip seal program. The motion was seconded by Councilman Jennings and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser requested information regarding the TOPICS Study. Mr. Little informed her that Lampman and Associates are presently in Morro Bay working on this study. (2) Councilman Keiser made comments regarding the dockage slips to be constructed on the Embarcadero by the City. She suggested that showers be installed for the fishermen docking in this area. She also thought that the City should perhaps con- sider installing a sewage system to carry waste away from the boats. Mr. Little informed her that the City had received a proposed agreement from the Coast Guard and this agreement stated that they MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 28, 1972 Page Eight would go with the City to put the discharge of lines from the Coast Guard cutter to a dump station. Staff would then ask the Council to put the first dump station and suction system on the pier. (3) Councilman Donohoo felt that Council should express to the Domenghini interest their appreciation of their help in the City's current water shortage. MOTION: Councilman Donohoo moved that Staff be directed to prepare an appropriate res- olution expressing the Council's sincere appreciation to the members of the Domenghini Trust for their unsolicited aid in furnishing the City with supplemental water from their private well during the current water short- age and that a certificate of appreciation be presented to Mr. Louis Domenghini and that copies of the resolution be furnished each member of the Domenghini Trust. The motion was seconded by Councilman Keiser and unanimously carried. (4) Councilman Jennings requested permission to attend the League of California Cities Cable T.V. workshop in Los Angeles on September 28, 1972. MOTION: Councilman Donohoo moved that Councilman Jennings be authorized to attend the Cable T.V. workshop. The motion was seconded by Councilman Keiser and unanimously carried. D-2 City Attorney Mr. Leaage had nothing to report at this time. D-3 City Administrator (1) Mr. Little presented the Expenditure Report for the period August 1 through 15, 1972 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period August 1 through 15, 1972. The motion was seconded by Councilman McConaghay and unanimously carried. (2) Mr. Little presented the Financial Report for the period July 1 through 31, 1972 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Report for the period July 1 through 31, 1972. The motion was seconded by Councilman Jennings and unani- mously carried. • :• MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 28, 1972 Page Nine (3) Mr. Little stated that the lease -purchase agreement for the hydraulic sewer cleaner had been prepared. This agreement was between the City of Morro Bay and John Bean Division, FMC with the Security Pacific National Bank'as assignee. The rate of interest is 4 3/88. Mr. Little asked Council to move for approval of the agreement and that the Mayor be authorized to sign the lease - purchase agreement. MOTION: Councilman Donohoo moved that the purchase of the hydraulic sewer cleaner be authorized by means of a lease -purchase agreement between the City of Morro Bay and John Bean Division, FMC with the Security Pacific National Bank as assignee and that the Mayor is directed and authorized to sign such lease -purchase agreement on behalf of the City. The motion was seconded by Councilman Jennings and unanimously carried. CORRESPONDENCE Letter from Mr. Goff requesting Council time to appeal charges for sewer lateral repair and stating reasons why he had not appeared at previously scheduled agenda times. MOTION: Councilman Donohoo moved that Mr. Goff's request be placed on the agenda for the next regular meeting of the Council. The motion was seconded by Councilman Jennings and unanimously carried. Copy of letter from Chamber of Commerce to William Penn Mott, regarding Camp San Luis Obispo Regional Recreation Area. MOTION: Councilman Jennings moved that the corres- pondence be filed. The motion was seconded by Councilman Donohoo and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned to Wednesday, August 30, 1972, in the City Hall Conference Room. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned at 10:58 p.m. Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk 0 NOTICE OF ADJOURNED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an adjourned regular meeting on Wednesday, August 16, 1972 at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, to consider the following: Appearance of Joseph Giannini regarding water. DATED: August 15, 1972 DALE C. MITCHELL, Mayor City of Morro Bay, California M. , City Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting 7:30 p.m. August 16, 1972 Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, MCConaghay and Mayor Mitchell ABSENT: None Mayor Mitchell explained that the meeting had been called in order for Mr. Giannini to have a chance to express his opinions regarding the present water situation. This had been brought before the Council on Monday evening but had been postponed because the meeting was lengthy and it was anticipated that this matter would take some time to discuss. Mr. Giannini began his presentation by reading the two resolu- tions passed by the City Council; one declaring an emergency water situation in the City of Morro Bay and one increasing water rates throughout the City. He had several questions for the Council and matters which he wished cleared for the benefit of the people. First, he wished to know how long the Council intended the resolution of water rate increases to be in effect. The resolution does not state that it will be for a certain period. He also wanted to•know where the money being collected from the increase would go; in a separate fund, general fund, etc. Second, Mr. Giannini did not feel that the rate schedule estab- lished by the Council met with the question of emergency within the City. He stated that the rate increase only gave the individual a license to use as much water as he could pay for. He stated that the basic rate charge was not equitable to all people, but benefited the large users such as trailer parks and motels. He gave figures which supported his belief. Basically, he felt that the basic charge, or $8.00, should be charged to each unit, meaning each motel room and trailer home; or some other schedule be devised that would be fair to all. He maintained that the single residences were carrying the load. Thirdly, Mr. Giannini proceeded to criticize the present irri- gation schedule adopted by the Council. He said that the irrigation hours were unreasonable for many people; either because they were disabled or could not, because of working schedules, etc., water on the specified days and hours. Also, people tend to water during the full time allowed rather than just sprinkling when needed. During the specified hours for irrigation, there is a tremendous drain on the water table. He felt that people should be put on the honor system and water lightly as needed. It would also be in order to put a quota system on watet.; people could only use a certain amount of water. Fourth, Mr. Giannini stated that he had some recommendations for the Council regarding using San Bernardo Creek as a reservoir to replenish the underground supply. He did not feel that the City could continue to pull from one area of Chorro Creek for this. I MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting August 16, 1972 Page Three that should make theLrecommendations to the Council. Councilman McConaghay stated that the committee, which he is a member of, would not have the materials on hand to revise the schedule as Staff does. He felt that the schedule should be re- vised by Staff and recommended to the Council. There was further discussion regarding this matter. Mayor Mitchell amended his motion to in- dicate that the revised water rate schedule go through the Council appointed water committee before it is referred to Council. Councilman McConaghay withdrew his second. Councilman McConaghay stated that it was imperative that the decisions regarding the rate schedule be made as soon as possible. If the schedule went first to the committee, it would be that much longer in coming back to Council for determination. He felt that the original motion should stand. MOTION: Mayor Mitchell moved that Staff study the rate that would be necessary as a straight rate on all users in order to make the amount of money that is required to cover the charge being incurred at this time. The motion was seconded by Councilman McConaghay and carried on the following roll call vote: AYES: Councilmen Jennings, McConaghay and Mayor Mitchell NOES: Councilmen Donohoo and Keiser Mayor Mitchell asked City Administrator Little if he would explain where the money charged for water rates would go. Mr. Little stated that all monies go into a general fund which is the fund the City writes check against. It is not separated into a special fund, as it is needed in the budget to offset the increased prices in water services. In regards to a moratorium_ on building, Mayor Mitchell stated that the measure was too drastic a step to take at this time. He did not feel that Council could ban construction any more than they could ban any other business that depends on water to operate. The ban on construction would affect the livelihood of too many people in Morro Bay. Councilman Jennings stated that at a previous meeting the City Attorney had informed the Council of their rights to ban construction and prepared a sample resolution for the consideration of the Council. Council felt, at that time, that the water situation was not such that a ban on construction was required. He stated that Council was, however, prepared to act should they deem such an act advisable. He was against such action at this time. Council members concurred. Comments were heard from Mr. Giannini, Mike O'Daniels, Dick Farris and Neil Moses. Council maintained that the situation was being checked daily and they were constantly aware of the level of the water table and would ban construction only when it is necessary MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting August 16, 1972 Page Two Mr. Giannini suggested that the Council request the State Department of Water Resources to make a study of the water basins. He also stated that the City lacked the personnel capable of making a professional study of well -resources in the City. He said that the Council should hire a specialist in this field; either a hydrol- ogist or geologist who could possibly find a place within the City as a water resource and make recommendations. He suggested that Council postpone the hiring of a Planning Director and hire a person of this caliber instead. He stressed the need for a building moratorium. He felt that building was only encouraging water usage and asked why should the people here conserve water when the City was allowing more people in the City everyday to use water. He emphasized the critical situation the City is in and urged the Council to ban construction now. Finally, Mr. Giannini suggested that the City place signs on the outskirts of town apprising out-of-towners of the critical water situation in Morro Bay. Comments were heard from several members of the audience, some of which were Richard Rice, Chuck Murdy, Mr. Schilzomyi, Mr. Kurtz and Dan Stack. RECESS 9:10 P.M. RECONVENED 9.42 p.m. Discussion regarding the water situation continued. Comments and suggestions were heard from audience members Mr. Moses, Mr. Hayes, Mike O'Daniels, Mr. Schilzomyi, Shirley Fisher, Glenn Johnson, Jack Youngs and Louis Domenghini. The meeting was turned over to Council for discussion. Mayor Mitchell began with consideration of the increased rates for water service. He stated that the rate schedule set-up now is basically the same as it was except that everything is increased. In fact, on the previous rate schedule, the more water used, the less it cost the user: The present rate schedule provides.that over 1000 cubic feet of water cost the citizen more per hundred cubic feet. However, he felt that the rate schedule should certainly be fair to all concerned and suggested that Staff review the matter of revising the rate schedule. It was suggested that there be no basic charge and just a charge per 100 cubic feet of water used. It was noted that those owning homes in Morro Bay and living elsewhere and not using water would not get bills. The revised rate schedule would have to take this into consideration and adjust the rates accordingly. MOTION: Mayor Mitchell moved that Staff study the rate that would be necessary as a straight rate on all users in order to make the amount of money that is required to cover the charge being incurred at this time. The motion was seconded by Councilman McConaghay. Councilman Keiser felt that the matter should be referred to the Council appointed water committee for study. They are the body MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting August 16, 1972 Page Four to do so. Council discussed the possibility of obtaining a water specialist to find out if it is possible to have another well constructed in Morro Bay. MOTION: Mayor Mitchell moved that Staff be directed to report back to Council on the availability cost and capability of hiring a hydrologist after discussing the matter with Carollo Engineers. The motion was seconded by Councilman Jennings and carried on the following roll call vote: AYES: Councilmen Jennings, McConaghay and Mayor Mitchell NOES: Councilmen Donohoo and Keiser Discussion was held regarding the study that Carollo Engineers will make of the Morro Bay water situation. As for finding a source of water for Morro Bay, Council members decided to wait for approval of the County of the CDM report which would indicate which way the City could go in this matter. MOTION: Councilman Jennings moved that the meeting be adjourned to executive session. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting was adjourned to executive session at 10:30 p.m. and returned to regular session at 10:40p.m. MOTION: Councilman McConaghay moved that the meeting be adjourned. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting was adjourned at 10:40 p.m. Recorded by: M. J. LITTLE By: Ardith Davis Deputy City Clerk • i CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING August 14, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of July 24, 1972 2. Minutes of the executive meeting of July 24, 1972 3. Minutes of the regular adjourned meeting of July 25, 1972 4. Minutes of the executive meeting of July 25, 1972 5. Minutes of the regular adjourned meeting of August 2, 1972 HEARINGS. APPEARANCES AND REPORTS A-1 Protest of Warren E. Goff from City invoice for sewer lateral repairs - continued A-2 Public hearing on the vacation of Nevis Way A-3 Hearing on appeal from conditions imposed by Planning Commission on American/West Use Permit - continued A-4 Appearances of Joseph Giannini regarding water UNFINISHED BUSINESS B-1 Determination of method of leasing Lease Sites No. 128 and 128W - continued B-2 Resolution accepting deed for property at 555 Harbor Street B-3 Report from Planning Commission on property acquisition at 535 Harbor Street B-4 Improvement District No. 6 proceedings B-5 Resolution requesting the issue of the Embarcadero extension to be consolidated with the General Election on the November ballot B-6 Request of Chamber of Commerce for change in Use Permit for harbor parking lot B-7 Request of Chamber of Commerce to amend Use Permit for Keiser. Park in order to sell beer B-8 Set date to interview Planning Commission applicants NEW BUSINESS C-1 Planning Commission recommendations for amendments to Zoning Ordinance C-2 Planning Commission recommendations for amendments to Sign Ordinance C-3 Request of Morro Bay Republican Women's Club for use of City lease site property C-4 Review of Chamber of Commerce fourth quarterly report C-5 Request of Chamber of Commerce for Use Permit for Rock-0- Rama parade C-6 Resolution setting tax rates and apportionments for the fiscal year 1972-73 C-7 Selection of voting delegate and alternate for Annual League Meeting C-8 Licensing of art shows C-9 Review of bids for hydraulic sewer cleaner - Bid #4-72 INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence I 'a " NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, August 14, 1972, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider -the vacation of Nevis Way between Nevis Street and Nassau Street as shown on Exhibit "A" pursuant to the Street Vacation Act of 1941; at which said hearing any person interested may appear and express his views for, against, or in modification of the proposed street vacation. DATED: July 28, 1972 Citof Morro Bay, California MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 14, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Wood of the Assembly of God Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay, and Mayor Mitchell ABSENT: None MINUTES The minutes of the regular meeting of July 24, 1972, the executive meeting of July 24, 1972, the regular adjourned meeting of July 25, 1972, the executive meeting of July 25, 1972, and the regular adjourned meeting of August 2, 1972, were considered by the Council. MOTION: Councilman Donohoo moved for'the approval of the minutes. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Protest of Warren E. Goff from City invoice for sewer lateral repairs - continued Mayor Mitchell explained that this item had been continued in order to give Mr. Goff a chance to appear regarding hisrprotest. Mayor Mitchell asked if Mr. Goff was present; he was not. MOTION: Councilman Donohoo moved that no action be taken on the request due to the fact that Mr. Goff did not appear. The motion was seconded by Councilman Keiser. Councilman McConaghay asked if the motion meant that the appeal is disallowed. Councilman Donohoo stated that that was the intent of his motion. The motion was unanimously carried. A-2 Public Hearing on the vacation of Nevis Way Mr. Little gave a description of the proposed vacation. Mayor Mitchell declared the hearing open at 7:35 p.m. and called for pre- sentations for or against the vacation of Nevis Way. As there were none, the hearing was closed at 7:35 p.m. MOTION: Councilman McConaghay moved that Nevis Way be abandoned and that Staff be dir- ected.to prepare the necessary resolution to effect this. The motion was seconded by Councilman Jennings and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 14, 1972 Page Two A-3 Hearing on appeal from conditions imposed by Planning Commission on American/West Use Permit - continued Mayor Mitchell stated that'this matter had been continued in order to give the City Attorney a chance to investigate the legal questions posed at the last meeting. He asked Mr. LeSage if he would review his memorandum to the Council for the benefit of the audience. In summary, Mr. LeSage stated that he is of the opinion that Council is within their right to consider the appeal of the Planning Commission's decision in this matter. The City Council has the power to either reject the Planning Commission's decision on the "54th Street" access; allow the access as approved by the Planning Commission, in which case the developers could not go ahead with the plans as the Division of Highways will not allow a signal light to be installed at "54th Street"; or direct condemnation of the High School property and authorize access at Atascadero Road. Ned Rogoway, Planning Director, reviewed the Planning Commis- sion's recommendations and action on this matter for the Council. Mayor Mitchell declared the hearing open at 7:55 p.m. and called for presentations from those people wishing to speak in favor of the appeal. As there were no presentations, he asked for pre- sentations from those in opposition to the appeal. Mr. Willard McGonagill raised some questions regarding the Zoning Ordinance and attempted to correct the City Attorney on various points. Mayor Mitchell felt that the Council should accept those opinions of the City Attorney as opposed to those of Mr. McGonagill. There was more discussion of the issue before the Council. It was noted that Council members could determine the matter of the entire Use Permit if they determined that this was the issue. MOTION: Mayor Mitchell moved that Council hear the matter as being the entire question of the Use Permit at this time. The motion died for lack of a second. MOTION: Councilman Jennings moved that' -the Council limit the hearing to the question of the "54th Street" access only. The motion was seconded by Councilman McConaghay and carried with Mayor Mitchell voting no. With this decision, Mayor Mitchell again called for presen- tations from those wishing to speak in favor: of the appeal. Those speaking in favor of the appeal were Mr. Schild, Mr. Dennison, Mr. Den-Dulk, Shirley Fisher. It was the concensus of these people that, in view of the letter from the Division of Highways opposing this access, access to the trailer park via "54th Street" would not be feasible. Mayor Mitchell asked for presentations from those wishing to speak against the appeal. Those making presentations at this time 46 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL August 14, 1972 were Mr. Shelton, Mr. Sid -,,Bennett, Shirley McGuire, Mr. Willard McGonagill, Mr. Schilzomyi, Mrs. Phillips, Mrs. Walling and Mr. Giannini. They called the Council's attention to the petition presented to the Council with some 2,300 signatures opposing the road on the West side of the American/West property. They felt the Council should adhere to the wishes of the people. In rebuttal Mr. Schild and Mr. Jack Youngs spoke. Comments were heard from Mr. Dan -Stack and Lucille McElroy. Mayor Mitchell closed the public hearing at 9:10 p.m. and paused for recess. RECESS 9:10 P.M. RECONVENED 9:22 p.m. Mayor Mitchell stated that at this time, the matter is re- ferred to Council for discussion. He recalled when the matter was first appealed to the Council for a use on the property. At that time there was only one person attending the meeting that was in opposition tothe use. Everyone else attending spoke in favor of it. Since that time there has been considerable public opposition to the park. The Mayor felt that if the school property is condemned, it would cause a rift between the people and the Council which might be a long time in healing. He does not feel that this location of this use is that important. He has seen the American/West develop- ment in Pismo Beach and was not impressed with it. He feels that the situation is quite a bit different than it was when the Council first approved the use and the Council need not stay true to their original decision in view of the new facts. At the time the Council gave approval to the Use Permit, they felt that the School Board would grant an easement for an access road. Since then, however, the school has refused this easement unless Council can show that public opinion is in favor of it. Mayor Mitchell also felt that if the "54th Street" access is used for the trailer park, it leaves no access for any future development of the area North of the pro- posed trailer park. He stated that the Council was within their rights to condemn the school property; deny the appeal leaving the condition for "54th Street" with a signal light and, since that is impossible, Council would prevent any construction on the property; or Council could grant the appeal and refuse to condemn the school property and require an election as to whether or not the roadway should go along the beach. Mayor Mitchell believed that Council was wrong in their original decision to allow this use and stated that he would vote along with the majority of the people and in accordance with his own beliefs. MOTION: Councilman Jennings moved that Council refer this matter to the Planning Com- mission with the following recommen- dations: That they require the closing of "54th Street"; negotiate with the developers for an Easterly private road fronting the freeway North to Azure Street and, at the same time with the closing MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL August 14, 1972 of "54th Street", they proceed with nego- tiations to establish a much needed freeway signal at San Jacinto. Also, the Planning Commission should require the developers to set aside an easement on the Westerly side of the property for a utility right- of-way and possible future North -South road if it should happen to come about. The Planning Commission should also be urged to expedite this matter. The motion died for lack of second. Councilman McConaghay was concerned with the water situation in Morro Bay and how the new trailer park would effect it. He feels that the park should be established at the proposed location, but does not feel that school property should be condemned to do it. The access should be through San Jacinto to Azure Street. Councilmen Donohoo and Keiser felt that condemnation proceed- ings should be initiated. Councilman Keiser stated that the road on the Western side of the property is a part of the General Plan; it would give the public access to the beach which might never happen should Mr. Den -bulk decide to build on the land he owns in that area. If a road is constructed on the West side of the American/West development, there would be no building on the Western side of the road as the City now has in the Atascadero Beach area. In addition, the road would cost the City nothing; the construction costs would .be borne by the developers. MOTION: Councilman Jennings moved that Council instruct Staff to proceed with condemna- tion proceedings for the road and utility easement on the Western side of the High School property to establish a North - South road from Atascadero Road to Azure Street adjacent to State Park boundaries as previously proposed. Mayor Mitchell stated that the motion was out of order as the Council must first rule on the appeal presently before it. MOTION: Councilman Donohoo moved that the appeal of Mrs. Keiser be granted. The motion was seconded by Councilman Jennings and carried on the following roll call vote: AYES: Councilmen Donohoo-; Jennings and Keiser NOES: Councilman McConaghay and Mayor Mitchell A member of the audience questioned Councilman keiser's*right to vote in a matter she had appealed as a citizen. The City Attorney informed the Council that, as Councilwoman Keiser does not have a personal financial interest in the appeal, she is within her rights as a councilman to vote. MOTION: Councilman Jennings moved that the Council refer this to the Planning Commission with 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 14, 1972 Page Five the following recommendations: They require the closing of "54th Street", negotiate with American/West to construct a private road fronting the freeway North to Azure Street and proceed with the necessary negotiations to establish a three-way signal at the San Jacinto intersection. Also, the Planning Commission should require an easement on the Westerly side of the property, North - South, for a possible future utility right- of-way adjacent to the State Park property. The motion died for lack of second. MOTION: Councilman Jennings moved that the Council instruct Staff to proceed with condemnation proceedings for a road and utility easement on the Westerly side of the High School property to establish a North -South road from Atascadero Road to Azure Street adjacent to State Park boundaries as previously proposed. Also, Staff should be instructed to proceed with the required action to close "54th Street" and apply to the State Highways Department to begin negotiations to install freeway signal lights at San Jacinto and Highway #1. The motion was seconded by Councilman Donohoo and carried on the following roll call vote: AYES: Councilmen Donohoo, Jennings, and Keiser NOTES: Councilman McConaghay and Mayor Mitchell A-4 Appearance of Joseph Giannini regarding water Mr. Giannini stated that his presentation to the Council would take approximately two hours and felt that since the previous agenda item had taken so long, perhaps the Council should set a special meeting to discuss his presentation. Mr. Giannini felt that the present water rate charges were unfair to the single residences and favorable to the motels and trailer parks. There was some discussion regarding this matter. Mayor Mitchell stated that, since it looked like this would be a lengthy matter for discussion, the Council should set a date for special meeting to discuss it. Council decided that they would adjourn this meeting to Wednesday, August 16, 1972, at the Recreation Hall to hear Mr. Giannini's presentation regarding water. UNFINISHED BUSINESS B-1 Determination of method of leasing Lease Sites No. 128 and 128W - continued Mr. Little explained where the lease sites are located. Mr. Moores presently has a Use Permit for Lease Site No. 128 and wishes a lease for this land and 128W. The plans for the water area include 46 MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL August 14, 1972 the moving of Mr. Moores' present repair shop to the water area so that he can work on the boats while they are in the water. On the land area where his present repair shop will be vacated, he has plans for a fish market. Mr. Moores stated that when he was renting the land area from the County, they put a road through part of it and promised him a lease on his land which he failed to have pursued in writing. He feels that since he was promised this land by the County, the City should allow him to have a lease without benefit of competitive bidding. Mr. Little informed the Council that the use for the water area on this lease site had been approved by the Planning Commission as any water oriented use. Mr. LeSage stated that the Council is bound by no legal requirements in the leasing of this land and it is up to them as to what they wish to do. Mayor Mitchell felt that since the facts regarding this lease site are different than those for other sites, the Council should consider the leasing of this area to Mr. Moores without the benefit of competitive bidding. This would not, however, set a precedent in the leasing of other tideland areas. MOTION: Mayor Mitchell moved that in view of the fact that circumstances are different here than in the normal lease sites that Council considers where there is no history of use such as this one, Council grant the lease to Mr. Moores as requested for any water oriented use and that Staff be directed to prepare the necessary documents to con- sumate the lease between the City and Mr. Moores for those Lease Sites No. 128 and 128W. The motion was seconded by Council- man Donohoo and unanimously carried. B-2 RESOLUTION NO. 73-72. Resolution accepting deed for property at 555 Harbor Street Mayor Mitchell informed the -.Council that this was for the property next to the City Hall parking lot which Council had agreed to purchase at a previous meeting. MOTION: Councilman Donohoo moved that Resolution No. 73-72 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Resolution No. 73-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 73-72. The motion was seconded by Councilman Jennings and unani- mously carried.*by roll call vote. B-3 Report from Planning Commission on property acquisition at 535 Harbor Street Mayor Mitchell stated that Council was in receipt of correspon- MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 14, 1972 Page Seven dence from the Planning and Building Superintendent indicating that the Planning Commission had approved the purchase of the doctor's office at 535 Harbor Street. This property is in the proposed Civic Center:as outlined in the City's General Plan. MOTION: Councilman Donohoo moved that Staff be authorized to prepare the necessary docu- ments and proceed with the purchase of this property at the recommended price of $25,500. The motion was seconded by Councilman Keiser and unanimously carried. B-4 Improvement District No. 6 proceedings Mayor Mitchell stated that there were two resolutions that needed to be passed at this time. RESOLUTION NO. 74-72. Resolution confirming paid and unpaid list and requesting that the auditor of the County of San Luis Obispo make extension of installments thereof on the tax rolls RESOLUTION NO. 75-72. Resolution establishing maturity schedule or bonds to be issued in the improvement district MOTION: Councilman Donohoo moved that Resolutions No. 74-72 and 75-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 74-72 and 75-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolutions No. 74-72 and 75-72. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. B-5 RESOLUTION NO. 76-72. Resolution requesting the issue of the Embarcadero Extension to be consolidated with the General Election on the November ballot Mayor Mitchell stated that Council had.previously requested that Staff prepare this resolution so that the matter of the Embar- cadero extension could be brought before the people. They had before them now two alternatives as to how the question should be phrased. Council members felt that the first alternative was preferrable with the word "Road" added after the last word "Embarcadero:'. MOTION: Councilman Donohoo moved that the first alternative of wording be inserted in the proposed resolution to read as follows: "Shall the City of Morro Bay construct a road and a bridge across Morro Creek to connect the Southerly and Northerly portions of Embarcadero Road?" The motion was seconded by Councilman Jennings and unani- mously carried. MOTION: Councilman Donohoo moved that Resolution L • MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL August 14, 1972 No. 76-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 76-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 76-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. B-6 Request of Chamber of Commerce for change in Use Permit for harbor parking lot. Mayor Mitchell stated that the Council was in receipt of a request from the Chamber of Commerce for a change in the Use Permit granted to them at the May 8th meeting of the Council for use of the harbor parking lot for a carnival. Since then the Chamber has relocated the carnival activities and is now requesting that the Council agree to let the Chamber use the harbor parking lot for additional art exhibits should it be needed. MOTION: Councilman Donohoo moved that the change in the Use Permit from a use for a carnival on the harbor parking lot to a use for art exhibits be granted. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Little informed the Council that Staff would change the Use Permit to read "art exhibits" instead of "carnival" which should cover the situation. B-7 Request of Chamber of Commerce to amend Use Permit for Keiser Park in order to sell beer Councilman Keiser felt that the Chamber could locate their beer booths on the property they are using for the carnival which is adjacent to Keiser Park. Mr. Duke informed the Council that this is possible, however, it is somewhat inconvenient as the beer booth would naturally be located next to food booths which will be located on Keiser Park. Councilman Keiser felt that beer booths should not be located on a public park as some people might be offended. MOTION: Councilman Keiser moved that the beer booth not be allowed to be located on Keiser Park. The motion died for lack of a second. Mayor Mitchell felt that beer is sold at many organizational functions and that it would not be inappropriate for the beer booth to be located on Keiser Park. MOTION: Mayor Mitchell moved that the request for special use be granted. The motion was seconded by Councilman Jennings and unani- mously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 14, 1972 Page Nine Mr. Little informed the Council that another letter had been received from the Chamber of Commerce too late to be inserted into the Council's packet, but it was appropriate to bring it up at this time. The letter requested permission for the conducting of a carnival over the Rock-O-Rama holidays. Permission is required of the Council, according to the ordinance, in order for this event to be held. The location of the carnival will be the property ad- jacent to the Keiser Park which is owned by Cabrillo Estates and permission had been obtained from them for the Chamber to use this property. It was noted that the Police Department has the final say on if the carnival is reputable and should or should not be allowed to operate within the City. MOTION: Councilman Jennings moved that permission be granted for the issuance of a special license to the carnival subject to Police Department approval. The motion was seconded by Councilman McConaghay and unanimously carried. B-8 Set date to interview Planning Commission applicants Mr. Little stated that. -there had been ten applications received, but Mrs. Walling had withdrawn her application, so the Council now had nine to consider. Wednesday, August 30, 1972, was set aside to interview applicants for the Planning Commission. NEW BUSINESS C-1 Planning Commission recommendations for amendments to Zoning C-2 and Sign Ordinances Council reviewed the proposed amendments and directed Staff to prepare the necessary ordinance in accordance with the amendments for the consideration of Council at their next meeting. MOTION: Mayor Mitchell moved that Staff be directed to prepare the necessary ordinance in con- formance with the suggestions of the Planning Commission for both the Zoning and Sign Ordinances. The motion was seconded by Councilman Donohoo and unanimously carried. C-3 Request of Morro Bay Republican Women's Club for use of City lease site property Mr. Little explained that this property was referred to as the Eytcheson lease site and is located next to the Four -Crabs restaurant on the Embarcadero. The property contains a small building that may at one time have been used as a party boat ticket office. Mayor Mitchell asked the City Attorney if the Council could grant permission for a political use such as this without legal entanglements. Mr. LeSage informed Council that they could authorize this use legally. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 14, 1972 Page Ten MOTION: Mayor Mitchell moved that the request of the Morro Bay Republican Women's Club for use of the building on Lease Site No. 27 as requested be granted on a temporary basis. The motion was seconded by Council- man Donohoo and unanimously carried. C-4 Review of Chamber of Commerce fourth quarterly report Council reviewed the report from the Chamber and complimented them on their increasing and well planned activities. Council also suggested that the news media be given a copy of the report so that it may have public coverage. C-5 Request of Chamber of Commerce for Use Permit for Rock-O-Rama Parade Mr. Little informed the Council that this was an annual request from the Chamber for their Labor Day parade. The parade route requested, however, was somewhat different than before. The Chamber had wanted to return the parade via Harbor Street, but it was felt by Staff that this might cause some congestion problems in front of the Fire Department which might hazard an emergency. Staff has suggested, and the Chamber has agreed, that the parade route should turn South on Market, instead, and continue East on Pacific. The Use Permit will be changed to reflect this change. RESOLUTION NO. 77-72. Resolution granting a Use Permit to Morro Bay Chamber of Commerce to conduct annual Rock-O-Rama celebration MOTION: Councilman Donohoo moved that Resolution No. 77-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 77-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 77-72. The motion was seconded by Councilman Keiser and unani- mously carried by roll call vote. C-6 RESOLUTION NO. 78-72. Resolution setting tax rates and appor- tionments for the fiscal year 1972-73 Mayor Mitchell stated that this was a yearly item that the Council must determine. It was felt that the tax rate on the pre- ceeding year should be adopted for the present year. MOTION: Councilman Donohoo moved that the amount of $1.00 per $100.00 of assessed valuation be apportioned to the General Fund and $.05 to the Morro Bay Sanitary District Sewer Bond Redemption. The motion was seconded by Councilman Jennings and unani- mously carried. MOTION: Councilman Donohoo moved that'_,Resolution MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 14, 1972 Page Eleven No. 78-72 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Little read Resolution No. 78-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 78-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. C-7 Selection of voting delegate and alternate for Annual League Meeting Mr. Little stated that the Annual League Meeting of the League of California Cities was to be held in October in Anaheim this year. He requested knowledge of those Councilmen planning to attend. All Councilmen indicated they would attend and make reservations for guests as well. MOTION: Councilman Donohoo moved that Mayor Mitchell be selected as the voting delegate and Council- man Jennings as an alternate. The motion was seconded by Councilman McConaghay and unani- mously carried. :C-8 Licensing of art shows Mr. Warden, Assistant City Administrator summarized his memo- randum to the Council. He stated that he had received some com- plaints from the local art galleries who felt that the Business License Ordinance, as interpreted, is unfair in regards to the art shows where out of town exhibitors show their goods. According to the ordinance, the sponsoring agent, that is the Art Association or the Chamber of Commerce, pays a $10.00 per day fee and the exhibitors are not charged. The local galleries maintain that since they have to pay a yearly license of $25.00 plus for their businesses, the exhibitors should be charged a fee also. However, that fee cannot be too astronomical so as to discourage partici- pation in the shows. It was suggested that a fee should perhaps be charged to everyone wishing to participate in shows over a given period of time. Staff was directed to meet with the Art Association and the Chamber of Commerce and come to the Council with recommendations regarding this matter. It was to be postponed until after the Rock-O-Rama show, however, since plans for this were already under- way according to the present interpretation of the ordinance. C-9 Review of bids for hydraulic sewer cleaner - Bid #4-72 Mayor Mitchell informed the Council that bids had been received for the hydraulic sewer cleaner budgeted by Council for this year and the low bid was from FMC Corporation in the amount of $14,819.70. MOTION: Councilman Donohoo moved that the bid for the hydraulic sewer cleaner be awarded to FMC Corporation in the amount of $14,819.70. The motion was seconded by Councilman Jennings and unanimously carried. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 14, 1972 Page Twelve INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser requested permission to leave the state during the month of September and October. She plans to be back by October 7, 1972. MOTION: Councilman Donohoo moved that Councilman Keiser be granted permission to leave the state for the period requested. The motion was seconded by Councilman Jennings and unanimously carried. (2) Councilman Jennings stated that the Motel Association had asked him to request that the Council make an exception to them regarding the watering schedule. The days designated are feasible, however, the times allowed are causing a problem. The Motels are unable to irrigate in the morning hours between 6:00 a.m. and 9:00 a.m. because their guests are sleeping at that time. The evening hours of 6:00 p.m. and 9:00 p.m. interfere with their peak periods of check in and check out times. Mayor Mitchell felt that this was a problem that the City Council appointed Water Committee should work out. MOTION: Councilman Keiser moved that the request of the Motel Association be given to the City Council appointed Water Committee for recommendations. The motion was seconded by Councilman Jennings and unani- mously carried. D=2 City Attorney (1) Mr. LeSage reported that, in:regards to Improvement District No. 6, all easements had been received with the exception of three. He had received a copy of the opening brief in the Pipkin quiet title; and the hearing on Proposition A will be on the 21st of August. D-3 City Administrator (1) Mr. Little stated that he had received correspondence from the Chamber of Commerce requesting which of the Councilmen intended to ride in the Rock-O-Rama Parade. Councilmen Donohoo, Keiser and Mayor Mitchell indicated that they would parti- cipate; Councilman McConaghay and Councilman Jennings to notify Staff at a later date. Mayor Mitchell requested that Staff arrange to have coffee and doughnuts served to the visiting dignitaries at City Hall after the parade. (2) Mr. Little presented Transfer Voucher No. 2-3-01 for the consideration of the Council. This is for land acquisition at Morro Palms. MOTION: Councilman Donohoo moved for the approval MINUTES - MORRO Regular Meeting Page Thirteen BAY CITY COUNCIL August 14, 1972 of Transfer Voucher No. 2-3-01 in the amount of $28,055.75. The motion was seconded by Councilman Jennings and unanimously carried. (3) Mr. Little presented the Expenditure Report for the period July 16 through 31, 1972 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period July 16 through 31, 1972. The motion was seconded by Councilman McConaghay and unanimously carried. (4) Mr. Little reported on the recent fire at the sanitary plant. The fire started at approximately 4:05 p.m. on Saturday August 12th. The employees had been doing some welding in the garage and a spark had apparently hit an aerosol can which started off a chain reaction involving several paint cans. It was noted that Staff intended to take steps to prevent a similar situation in the future. CORRESPONDENCE 1. Letter from James Maul regarding the architecture at Zeke's Wharf a new restaurant on the Embarcadero. MOTION: Councilman McConaghay moved that the correspondence be filed. The motion was seconded by Mayor Mitchell and unanimously carried. ADJOURNMENT MOTION: Mayor Mitchell moved that the meeting be adjourned to Wednesday, August 16, 1972 in the Recreation Hall at 7:30 p.m. to consider the presentation of Mr. Joseph Giannini regarding water. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned at 11:50 p.m. Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF ADJOURNED REGULAR MEETING, NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an adjourned regular meeting on Wednesday, August 2, 1972, at 7:30 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California to consi- der matters related to the water supply situation. DATED: July 28, 1972 1.1. 1.1 !Y L, lit l.y 1i1G1A Ci y of M rro Bay, California i A_G E N_D A_ Morro Bay City Council Regular Adjourned Meeting August 2, 1972 1. Ordinance and resolution increasing water rates. 2. Report by Public Works Director on use of Domenghini well. 3. Report on contact with Whale Rock Commission. 4. Present water situation. 5. Review of contractors and merchants directly affected by construction ban. 6. Report of City Attorney on possible ordinance to ban construction. 7. Proposed study by Carollo Engineers of City water program. 8. Correspondence from Reverend Wood regarding dedication program. MINUTES - MORRO BAY CITY COUNCIL Regular Adjourned Meeting August 2, 1972 7:30 p.m. City Hall Conference Room The meeting was called to order at 7:30 p.m. by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay and Mayor Mitchell ABSENT: Councilman Jennings 1. Ordinance and resolution increasing water rates Mayor Mitchell explained that the proposed ordinance allowed the City Council to increase water rates as well as the deposit required to establish credit by applicants not owning premises. Councilman Jennings was present at 7:32 p.m. Mr. Little read the proposed ordinance in its entirety. Mayor Mitchell stated that the Council also had before it a proposed resolution which would effect an increase in water rates as well as the deposit required to establish credit. The resolution provided for an increase that would double the present rates. The basic charge for a two month period would be $8.00 for a 5/8" meter plus 20� per 100 cubic feet for the first 1000 cubic feet of water and 30C per 100 cubic feet for all water used after the first 1000 cubic feet. Rates for larger meters and for those services outside the city limits would be higher. In addition, a deposit of $20.00 would be required to establish cre- dit for service to those applicants not owning the premises. Mr. Little read the proposed resolution in its entirety. He proceeded to illustrate the projected rates on a comparison basis. This was done by projecting the usage of various types of estab- lishments; i.e., large motel, small motel, large restaurant, small restaurant; over the next six months and"listing what the present rate would be for their usage as compared to the proposed increase in rates. It was estimated that an eight month increase in rates as proposed in the resolution would cover the costs of increased service and expenses due to the current emergency situation. ORDINANCE NO. 106. Ordinance amending water regulations MOTION: Councilman Donohoo moved for the adoption of Ordinance NO. 106 as an emergency measure. The motion was seconded by Councilman McConaghay. Comments were heard from George Hoeschell, Joseph Giannini and Mary Phillips. They felt that the increase in rates would mean that those who could afford it could use as much water as they wished. They did not feel that this would accomplish the purpose of rationing water. Mr. Little explained to them that a notice had just been published this date which would enable the Council to put into effect mandatory measures for rationing water. These procedures must be done in accordance with the law of the City. Meanwhile, the water being obtained from Whale Rock and many other expenses MINUTES - MORRO BAY.CITY COUNCIL Regular Adjourned Meeting August 2, 1972 Page Two incurred by the present emergency must be paid for. The motion was unanimously carried by roll call vote. RESOLUTION NO. 72-72. Resolution establishing rates for water service and fixing amount of deposit to establish credit MOTION: Councilman Donohoo moved for the adoption of Resolution No. 72-72. The motion was seconded by Councilman Jennings and unanimously carried. 2. Report by Public Works Director on use of Domenghini well Doug Stuart reported on efforts to adapt the Domenghini well to the City's water system. Mr. Domenghini has a portable booster pump which he feels will be successful in lifting the water high enough to enable it to reach the King's Street tanks. Within the next few days, the project should be progressed enough so that the City can test the well and booster pump. Mr. Stuart stated that the City expected approximately 200 gallons of water per minute of output from the new well which will supplement the City well out- put. 3. Report on contact with Whale Rock Commission Mayor Mitchell stated that he had been in contact with Mayor Schwartz of San Luis Obispo who is head of the Whale Rock Commission. Mayor Schwartz had informed him that the Whale Rock Commission has one regular meeting per year, but none planned in the near future. However, a meeting can be called for an important matter, which this certainly is. Mr. Little was directed to forward a letter to the Commission requesting an emergency meeting to be scheduled. 4. Present water situation Mr. Little reported on the present status of the water situ- ation. He stated that the Romero well which had broken down was repaired and now in working order. He felt that with the Romero, Ashurst and Domenghini wells to provide water as needed and Whale Rock as a reserve, the City should be able to get through the current water shortage. Over the past weekend, Whale Rock water was not needed. It has been on the City water lines for twelve days and has only been used six or seven of those days. The average use of Whale Rock is a little over one acre foot per day. Mr. Little informed the Council that City Staff was planning some changes in the pumps. If the size of the motors is reduced, the City can expect to get small quantities of water from several wells for long periods of time. All this in addition to cooperation from the people, should greatly help the present situation. 0 i MINUTES - MORRO BAY CITY Regular Adjourned Meeting Page Three COUNCIL August 2, 1972 5. Review of contractors and merchants directly affected by construction ban Council reviewed a list of licensed contractors and merchants who would be directly affected by a building ban. The list com- piled some 130 businesses and, according to Councilman Donohoo who had checked with one of the utility companies, this would affect the livelihood of approximately 1300 people. Mayor Mitchell felt that, due to the adverse affect a building ban would have on this number of people, he was in favor of postponing such action at this time. Council concurred. 6. Report of City Attorney on possible ordinance to ban construction. Council was in receipt of a proposed ordinance and a memo from the City Attorney which advised them that they are within thbir right to ban construction should they deem it necessary. Council agreed to postpone banning construction at this time. It was noted that preparation had been made and Council was ready to act if needed. 7. Proposed study by Carollo Engineers of City water program Mr. Little stated that he, Mr. Warden and Mr. Stuart had been in contact with Harvey Hunt of Carollo Engineers. They had dis- cussed changing the sewage collection report to a study of the Morro Bay water situation. Mr. Hunt stated that they would be glad to work with the City on this matter. They would probably be able to have a preliminary report within three or four months. MOTION: Councilman Donohoo moved that Staff be authorized to contract with Carollo Engineers for a study on Morro Bay's water situation. The motion was seconded by Councilman Jennings and unanimously carried. 9. Correspondence from Reverend Wood regarding dedication program Mr. Little presented an invitation from Reverend George Wood to attend the dedication of the new repair work at the Assembly of God Church. This is scheduled for August 7th at 7:00 p.m. Mr. Little showed the Council cartoons emphasizing the pre- sent water shortage. The cartoons were drawn by local artists and will be circulated in hopes that they may help with the ration- ing of water within the City. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Council- man Keiser and unanimously carried. The meeting adjourned at 8:27 p.m. Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk MINUTES - MORRO BAY CITY COUNCIL Regular Adjourned Meeting July 25, 1972 7:30 p.m. City Hall Conference Room The meeting was called to order at 7:33 p.m. by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay and Mayor Mitchell ABSENT: Councilman Jennings Mayor Mitchell stated that this meeting had been called to give the Council a chance to study and consider steps to be taken during the current emergency water situation. The items to be considered are: (1) the guarantee to the'City that additional water will be provided from Whale Rock should the City require it; (2) raising the water rates to help the City alleviate the costs of Whale Rock Water; and (3) whether action.should be taken to ban further construction in the City. It was noted that Jack Surfluh, a member of the Water Advisory Committee, was present. Jack Jennings was present at 7:35 p.m. Discussion centered around the possibility of banning con- struction for a period of time. It was felt that Mr. LeSage should look into the legalities of this step and prepare an appro- priate ordinance to pass should it become necessary to ban con- struction. Mr. Little gave figures on the growth of the City of Morro Bay. He stated that the problem with banning construction is that the City would be telling a large segment of the population that they are out of a job. He recommended that this step be carefully examined before Council took any definite action. Mr. Little felt that Staff could study the large users of water in the City and perhaps find out if the large uses are necessary. The schools are large users of water and it might be a good idea to ask them to restrict the watering of lawns. It was noted that the Golf Course had their own well and so were able to provide their own water. Councilman Donohoo reported *well that the Golf Course*had started taking air today and had spoken to Louis Domenghini about using one of his wells. Councilman Donohoo stated that Mr. Domenghini had offered one of his wells to the City, also, should they need it. Lengthy dis- cussion was held centered around the adaptability of Mr. Domenghini's well to Morro Bay water system. Staff members felt that it was a feasible project and should be pursued. MOTION: Mayor Mitchell moved that Staff be directed to investigate the advisability of using this particular well and, if Staff finds this to be of benefit to the situation, that they be authorized to proceed. The motion was seconded by Councilman Keiser and unanimously carried. C� • *acre MINUTES - MORRO BAY CITY Regular Adjourned Meeting Page Two COUNCIL July 25, 1972 Further discussion was pursued regarding the banning of con- struction. Mayor Mitchell and Councilmen Jennings and Donohoo indicated that they felt the banning of construction should be toward the bottom of the list of steps to take'.to ration water. Mr. Joseph Giannini, Mary Phillips and Lena Waltz spoke in favor of banning construction. Councilman Keiser felt that, either phases of construction could be banned, or a certain period put on the banning of total construction to see if it helped the situation. Mr. Little informed the Council of the provisions of the ordinance regarding an emergency water situation. The resolution that the Council passed at their last meeting declaring an emer- gency situation must be published in the newspaper before the Council takes definite steps to regulate an emergency situation. The soonest this resolution will be published is Wednesday, August 2, 1972. Mayor Mitchell felt that members of the Council should approach the Whale Rock Commission to request that they set a special meeting or find out when their next meeting is scheduled so that the City of Morro Bay may be assured that they will receive the extra 150*feet of water as set forth in the agreement between the City of Morro Bay and the Whale Rock Commission. Mr. Giannini felt that the Golf Course should not use the drinking water which might be provided for by Mr. Domenghini to water their lawns, but that they should use effluent. Perhaps a letter to the Board of Supervisors urging them to put this into effect would help. Mr. Jack Surfluh stated that the State should pay for the mechanics to bring the effluent to be used at the Golf Course and the way to go about this would be through the County and then the State. MOTION: Councilman Jennings moved that Staff be directed to write a letter to the County and State urging them to work toward an effluent plan for the Golf Course and also asking them to curtail water usage in this area. The motion was seconded by Mayor Mitchell and unanimously carried. The next item discussed was that of raisinc water rates. Mr. Little stated that something should be initiated to alleviate the costs of Whale Rock water as well as the additional expenses incurred during this time of emergency. He felt that those that use the water should pay for it. The water rates could be raised 50% across the board or, perhaps doubled. In addition, instead of the rate per cubic foot of water after minimum dropping as it does under the present system of water rates, the order would be reversed and those that use more water would pay accordingly. He felt that Staff could come to the Council with definite recommendations as well as an ordinance to correct the present one in order to effect this. The increased rates would also serve as a deterrent to use the water. MINUTES - MORRO BAY CITY Regular Adjourned Meeting Page Three COUNCIL July 25, 1972 MOTION: Councilman McConaghay moved that Staff be directed to prepare recommendations to present to the Council at their next regular meeting. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. LeSage. was directed to check into the legality of a possible building ban and prepare the necessary resolution to effect this if necessary. It was also noted that the Council would approach the Whale Rock Commission with a request to sche- dule a meeting to discuss Morro Bay's water situation. The Council then discussed wastewater reclamation. Mr. Little informed the Council of the recent studies of Carrolo Engineers. They had completed a study of the treatment plant expansion in which it was found that the present facility would suffice for several years. The second study, that of sewage collection, was started but postponed because of the lack of rainfall. Until the City gets a normal amount of rainfall, Carrolo Engineers cannot tell what the infiltration of water into the system is and, therefore, the study would be worthless. Another study which they agreed to do is a complete study of the water situation including waste water reclamation. They have already informed the City that they could begin this study at any time. Since the study of sewage collection had to be postponed, it might be in the City's best interests to pursue a study of wastewater reclamation in view of the present water crisis in the City of Morro Bay. Staff was directed to contract Carollo Engineers regarding a wastewater reclamation study and report back to Council. Mayor Mitchell stated that,-if'there. :wascno-further.discussion, the -meeting should,•be'adjournedrto executive session. -,to' -consider a personnel matter MOTION: Councilman Donohoo moved that the meeting be adjourned to executive session to consider a personnel matter. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned to executive session at 9:30 p.m. and reconvened at 10:45 p.m. MOTION: Councilman Donohoo moved that in view of the resig- nation of Malcolm J. Little from the position of City Administrator effective October 31, 1972, Murray L. Warden should be named to succeed Mr. Little as City Administrator as of that date. The motion was seconded by Mayor Mitchell and unani- mously carried. MOTION: Mayor Mitchell moved that Staff be directed to advertise in Western Cities Magazine for a successor to Mr. Warden as Assistant City Admin- istrator and that October 15, 1972, be the closing date to receive applications; the screening committee to be Councilmen Donohoo • • MINUTES - MORRO BAY CITY COUNCIL Regular Adjourned Meeting July 25, 1972 Page Four and Jennings and Mr. Warden. The motion was seconded by Councilman Jennings and unanimously carried. MOTION: Councilman McConaghay moved that the meeting be adjourned to 7:30 p.m., August 2, 1972, at the City Hall Conference Room. The motion was seconded by Councilman Donohoo and unani- mously carried. The meeting adjourned at 10:50 p.m. Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk Added CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING July 24, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of 2. Minutes of the special meeting of 3. Minutes of the executive meeting HEARINGS, APPEARANCES AND REPORTS July 10, 1972 July 17, 1972 of July 17, 1972 A-1 Report on cost of acquiring property at 555 Harbor Street (Ethel M. Tebbets) A-2 Report on acquisition of property at 535 Harbor Street A-3 Hearing on appeal from conditions imposed by Planning Commission on American/West Use Permit UNFINISHED BUSINESS B-1 Resolution approving submission of Annual Transportation Claim B-2 Protest of Warren E. Goff from City invoice for sewer lateral repairs - continued B-3 Determination of method of leasing Lease Sites No. 128 and 128W B-4 Resolution of intention to abandon Nevis Way B-5 Resolution approving Use Permit Agreement for use of Lila H. Keiser Park by Chamber of Commerce B-6 Resolution declaring emergency water supply situation B-7 Resolution authorizing sale of bonds - Imp. Dist. No. 6 NEW BUSINESS C-1 Request of Public Works Director for permission to fill vacancy in Street Division C-2 Proposed resolutions for presentation to the General Assembly of the League of California Cities C-3 1972-73 Tax roll charges C-4 Resolution approving Use Permit - Lease Site No. 128 (Moores) C-5 Request of Regal Sea Food Company to construct new dock on Lease Site No. 133W C-6 Resolution approving addendum to Lease Site No. 18 - Baier and Myers C-7 Resolution amending lease on Lease Site No. 21 - Gunther INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT r a, NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, July 24, 1972, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider an appeal of Planning Commission conditions set on Use Permit to American/West; at which said hearing any person interested may appear and express his views for, against or in modification of said recommendation. DATED: July 10, 1972 ' df ARDITH DAVIS, Deputy City Clerk City of Morro Bay, California MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 24, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m, by Mayor Mitchell with the Pledge of Allegiance. Reverend Vern. Cooney gave the in- vocation. ROLL CALL PRESENT: Councilmen Donohoo, McConaghay, Keiser and Mayor Mitchell ABSENT: Councilman Jennings MINUTES The minutes of the regular meeting of July 10, 1972, the special meeting of July 17, 1972, and the executive meeting of July 17, 1972, were considered by the Council. MOTION: Councilman Donohoo moved for the approval of the minutes. The motion was seconded by Councilman McConaghay and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Report on cost of acquiring property at 555 Harbor Street (Ethel M. Tebbets) Mayor Mitchell stated that the property in question is next door to the City Hall parking lot and is presently owned by Ethel M. Tebbets. Councilman Jennings was present at the meeting at 7:33 p.m. Mr. Little explained that the asking price for the property is $12,000 which is the same amount the City paid for the City Hall parking lot in 1965. The Tebbets property contains one small house of little value. Mr. Little felt that the location of this property is inval- uable to the City and recommended that the Council approve purchase of it. The Planning Commission had previously approved the purchase. MOTION: Councilman Donohoo moved that Staff be instructed to proceed with the purchase of this property at 555 Harbor Street. The motion was seconded by Councilman Jennings and unanimously carried. A_2 Report on acquisition of property at 535 Harbor Street Mayor Mitchell stated that the Council, at their last regular meeting, had directed an appraisal to be made of the doctor's office at 535 Harbor Street. Mr. Gist, realtor appraisor, appraised the property at $25,500 which is some $2,500 less than the lowest price the owner's agent has advised that he will accept. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 24, 1972 Page Two Mr. Little felt that the Council should give consideration to the purchase of this property for $28,000. The property is located next to the Tebbet's property just approved for purchase by the Council and, upon purchase of the property at 535 Harbor Street, the City would own 176 feet of contiguous frontage on Harbor Street. This matter, however, should be referred to the Planning Commission for recommendations. MOTION: Councilman Donohoo moved that the matter of the purchase of the property at 535 Harbor Street be referred to the Planning Commission for approval. The motion was seconded by Councilman Jennings and unani- mously carried. A-3 Hearing on appeal from conditions imposed by Planning Commission on American/West Use Permit Mayor Mitchell stated that this matter had been appealed by Councilwoman Keiser after the granting of a use permit by the Planning Commission to American/West. He then read a notification from Ned Rogoway, Planning Director, explaining the Planning Com- mission's position regarding the conditions set on the Use Permit to American/West. Mayor Mitchell declared the public hearing open at 7:38 p.m. He asked Mr. Little to read the conditions imposed by the Planning Commission at their meeting of June 19, 1972, on the American/West Use Permit. After Mr. Little had read the Planning Commission motion, Mayor Mitchell read a letter from the Division of Highways regarding "54th Street" as an access to the American/West travel trailer park development. This letter stated that the traffic which would use the "54th Street" entrance -exit would not warrant a traffic signal installation according to Division of Highways standards. It is possible, however, that, if there is a development South of San Jacinto, the traffic traveling through the San Jacinto intersection would increase enough to warrant a signal at that location. The Division felt that the "54th Street" access would be hazardous and should be discouraged. Mayor Mitchell stated that in order to achieve some organiza- tion to the hearing, those wishing to speak in favor of the appeal as denying the Use Permit as granted, should speak first. There was lengthy discussion following Mr. Willard McGonagill's question as to what was being appealed: the Use Permit or the conditions of the Use Permit. Legal opinions were requested of the City Attorney in which Mr. LeSage affirmed that the City Council was within their rights to hold this hearing and appeal the Use Permit. Deliberations centered around the interpretation of the zoning ordinance and sections of the Government Code. Comments were heard from Planning Commissioners Don Brown and E. V. Greenelsh, Willard McGonagill, Dwight Spiers, Don Bailey, Mr. McAdams, Mr. Schilds, John Den-Dulk, Ray Gallo, Gideon Pierce, Jeff McGrew, Neil Moses, Sid Bennett and Mary Phillips. Numerous legal opinions were requested of the City Attorney and it was felt that perhaps Mr. LeSage should be given time to MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 24, 1972 Page Three study the various legal matters involved and report back to the City Council. Councilman Keiser gave her opinion and reasons as to why she had appealed the "54th Street" access. She stated that the pro- visions of the Planning Commission were impossible to comply with in that the Division of Highways would not allow a traffic signal to be installed at "54th Street" and this is one of the conditions set by the Planning Commission. Councilman Keiser also felt that this access would be a definite hazard. She stated that the road on the West side of the property is a part of the General Plan.and that, if the road is placed on the West side of the property, it would prevent anyone from developing along the sand dunes and there would always be a ready access to the beach for the people. MOTION: Councilman Jennings moved that the hearing regarding the appeal re: American/West be continued until the next regular meeting of the City Council to give the City Attorney an opportunity to study the tape from this meeting and to render a legal opinion in regards to these questions which were raised. The motion was seconded by Mayor Mitchell and carried on the following roll call vote: AYES: Councilmen Donohoo, Jennings, McConaghay and Mayor Mitchell NOES: Councilman Keiser MOTION: Councilman Jennings moved that Staff be directed to investigate the legality of the possible condemnation of the easement requested from the high school. The motion was seconded by Councilman Keiser and carried with Councilman McConaghay voting no. RECESS: 9:05 p.m. UNFINISHED BUSINESS RECONVENED: 9:16 p.m. B-1 RESOLUTION NO. 65-72. Resolution approving submission of Annual Transportation Claim Mayor Mitchell stated that this claim had been prepared for the Council's approval at this time. MOTION: Councilman Donohoo moved that Resolution No. 65-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 65-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 65-72. The motion was seconded by Councilman Jennings. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 24, 1972 Page Four Councilman McConaghay thought that perhaps the Council should approve, by motion, the placing on the November ballot of the issue of constructing a bridge to connect Embarcadero with Atascadero Road which is in accordance with the ordinance recently passed by the people. Councilman Donohoo withdrew his motion and Councilman Jennings his second. MOTION: Councilman Jennings moved that Staff be instructed to prepare the necessary resolution to place on the November ballot the question of whether or not the road extending the Embarcadero and the bridge across Morro Creek connecting the Embarcadero with Atascadero Road should be constructed, to be approved by the voters. The motion was seconded by Councilman Donohoo and unanimously carried. MOTION: Councilman Donohoo moved that Resolution No. 65-72 be adopted. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. B-2 Protest of Warren E. Goff from City invoice for sewer lateral repair - continued Mayor Mitchell stated that this matter had been postponed from the last regular meeting of the Council because Mr. Goff was ill. He asked if Mr. Goff was present at this time. It was determined that Mr. Goff had not been properly notified of this meeting and that the item should be postponed until the next meeting of the Council. Staff was directed to place this on the agenda for the next regular meeting. B-3 Determination of method of leasing Lease Sites No. 218 and 128W Mayor Mitchell stated that the Council was in receipt of a memo from the City Administrator stating that Mr. Moores would like a lease on Lease Site No. 128 and 128W without the benefit of competitive bidding. He maintains that he was promised this lease because of concessions on his part during the road construction on the Embarcadero. Mr. Little stated that Mr. Moores did make application for a lease; but, because of the turmoil between the City and the County at that time, nothing was done. As Mr. Moores was not present, Mayor Mitchell felt that the matter should be postponed and that Mr. Moores be asked to attend the next meeting of the Council so that the Council can ask him some questions. B-4 RESOLUTION NO. 66-72.- Resolution of intention to abandon Nevis Way Mayor Mitchell stated that at the last Council meeting, Council members had directed Staff to prepare the necessary document to abandon this paper street. MOTION: Councilman Donohoo moved that Resolution MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 24, 1972 Page Five No. 66-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 66-72 by title only. MOTION: Councilman Donohoo moved that Resolution No. 66-72 be adopted. The motion was seconded by Councilman McConaghay,and unanimously carried -'by roll call vote. B`5 RESOLUTION NO. 67-72. Resolution approving Use Permit Agreement for use of Lila H. Keiser Park by the Morro Bay Chamber of Commerce MOTION: Councilman Donohoo moved that Resolution No. 67-72 be read by title only. The motion was seconded by Councilman. Jennings and unanimously carried. Mr. Little read Resolution No. 67-72 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 67-72. The motion was seconded by Councilman Keiser and unani- mously carried by roll call vote. B-6 RESOLUTION NO. 68-72. Resolution declaring emergency water supply situation Mayor Mitchell explained that the water table for the City of Morro Bay has decreased alarmingly and it has become necessary for the City to recognize -this as an emergency water situation. Mr. Little read Resolution No. 68-72 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 68-72. The motion was seconded by Councilman Jennings. Comments were heard from Mary Phillips and Joseph Giannini. There was discussion regarding the Master Water and Sewer Plan to be adopted by the County. Mayor Mitchell felt that a meeting should be scheduled to study the water situation by itself so that decisions could be made re- garding the steps that must be taken to ration water. Mrs. McGuire was concerned because this situation had not been realized sooner and steps taken to prevent the emergency the City is now in. Mrs. Waltz felt that discussion trying to put the blame somewhere is futile and that the City should instead, now that the situation is realized, do something about it. She felt that blam- ing someone for the situation is no way to solve it. The motion was unanimously carried by roll call vote. It was decided that the Council would adjourn to Tuesday, July 25, 1972, at 7:30 p.m. in the City Hall Conference Room to MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 24, 1972 Page Six study this matter further. B-7 RESOLUTION NO. 69-72. Resolution authorizing the sale of bonds in Improvement District No. 6 Mayor Mitchell stated that bids for bonds for Improvement District No. 6 had been received in City Hall today and that First California Company had submitted the low bid with a net interest charge of 5.4691% which is an extremely low bid. MOTION: Councilman Donohoo moved that Resolution No. 69-72 be read by title only. The motion was seconded by Councilman Jennings. Mr. Little stated that there were some blanks in the resolution which must be filled out before the resolution is passed and in- formed the Council what would be placed in the blanks. The motion was unanimously carried. Mr. Little read Resolution No. 69-72 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 69-72. The motion was seconded by Councilman Donohoo and unani- mously carried by roll call vote. NEW BUSINESS C-1 Request of Public Works Director for permission to fill vacancy in Street Division The Council was in receipt of a memorandum from Doug Stuart informing them of the resignation of Michael McGrath and requesting permission to fill this vacancy. MOTION: Councilman Donohoo moved that the Public Works Director be authorized to fill the vacancy in the Streets Division. The motion was seconded by Councilman Keiser and unanimously carried. C-2 Proposed resolutions for presentation to the General Assembly of the League of California Cities Mayor Mitchell presented these resolutions for the considera- tion of the Council. It was noted that no action was required of the Council at this time, but they would be expected to vote on them at the Channel Counties Division of the League of California Cities on August 4, 1972. C-3 1972-73 Tax roll charges It was requested that the Council approve, by motion, the placing of Priority No. 2 assessments and the weed abatement charges on the 1972-73 tax roll. MOTION: Councilman Donohoo moved that the assessments MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 24, 1972 Page Seven for Priority No. 2 be placed on the 1972-73 tax roll. The motion was seconded by Councilman Jennings and unanimously carried. MOTION: Councilman Jennings moved that the weed abatement charges be approved and that they be placed on the 1972-73 tax roll. The motion was seconded by Councilman Donohoo and unanimously carried. C-4 RESOLUTION NO. 70=72. Resolution approving Use Permit - Lease Site No. 128 (Moores) Mr. Little explained that Mr. Moores' Use Permit has expired and, until the Council decides what they will do as far as a lease is concerned for Lease Site No. 128 and 128W, Mr. Moores should have a Use Permit for the property on which he is located. MOTION: Councilman Donohoo moved that Resolution No. 70-72 be read by title only. The motion was seconded:by Councilman Jennings. Councilman McConaghay was concerned because the date on the Use Permit is for a one year period. He thought that it should be changed to enable the Council to lease this area should that be the Council's finding after Mr. Moores' appearance regarding the leasing of Lease Site No. 128 and 128W. Mr. LeSage suggested that paragraph 1 be changed to 1-a and left as it is and that a paragraph 1-b be added to read "Not with- standing the proceeding provision, this Use Permit may be terminated upon thirty (30) days notice." Council concurred with this. The motion and second to read by title only was unanimously carried. Mr. Little read Resolution No. 70-72 by title only. MOTION: Councilman McConaghay moved for the adoption of Resolution No. 70-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. C-5 Request of Regal Sea Food Company to construct new dock on Lease Site No. 133W Mr. Little explained that Mr. Low was requesting approval of the City Council of his plans for a new dock in order to submit these plans to the Corps of Engineers. It was noted that this is not a change in use, but in accordance with the lease Regal Sea Food holds for this area. It is not necessary to submit this item to the Planning Commission for re- commendations. MOTION: Councilman Jennings moved that Council approve construction of the addition to the docks at Regal Sea Food as requested. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 24, 1972 Page Eight Mr. Little stated that Mr. Low had also asked that he request the City Council to approve his submission to the Corps of plans to do some dredging in this area. The water is extremely shallow, and the Corps approval is needed in order to do any dredging. The Corps, however, will not consider dredging without prior approval of the Council. MOTION: Councilman Jennings moved that the Council approve remedial dredging requested by Regal Sea Food at their dock location. The motion was seconded by Councilman Donohoo and unanimously carried. C-6 RESOLUTION NO. 71-72. Resolution approving addendum to Lease Site No. 18 . Baler and Myers Mr. LeSage explained that the addendum relates to a loan for an improvement on the lease. It permits the borrower and the lease holder to convey to the bank voluntarily if he is in default. This provision is not in the existing lease. It also permits the bank to cure the fault by money. MOTION: Councilman Donohoo moved that Resolution No. 71-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 71-72 by title only. MOTION: Councilman Keiser moved for the adoption of Resolution No. 71-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. C-7 Proposed resolution amending lease on Lease Site No. 21 - Gunther Mr. Little explained that Mr. Gunther, at the request of several artists in the City, is requesting that the Council grant him per- mission to use the property in front of his restaurant on Lease Site No. 21 to conduct weekend art shows. Mr. Gunther would have nothing to do with the shows other than charging each exhibiter rent. They would all be required to obtain a business license in order to sell their paintings. Mayor Mitchell felt that this was a matter that should be referred to the Planning Commission for approval of use. MOTION: Mayor Mitchell moved that the requested added use of "Rentals, outdoor space for display and sale of paintings" to those uses already allowed under Lease Site No. 21, be referred to the Planning Commission for approval. The motion was seconded by Councilman Jennings and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION 0 16 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 24, 1972 Page Nine D=1 City Council (1) Councilman Keiser stated that she had received several calls from people who knew very little about the water situation. She felt that perhaps they should be advised along with their water bills. Mr. Little explained that water customers only get water bills every two months and the cost of a special mailing would be some $300. However, this could be done and is something that the Council will have to decide. Mr. Giannini questioned the Council's previous action regard- ing the placing of the question of extending Embarcadero by placing a bridge across Morro Creek on the November ballot without notifying the people. Mr. Giannini was informed that this matter is scheduled for the next regular meeting of the Council. D_2 City Attorney (1) Mr. Leaage reported that there was a court hearing on Ordinance No. 103 which has been continued. D-3 City Administrator (1) Mr. Little brought up the matter of the codification of the City's Municipal Code for the consideration of the Council. He stated that the Council should start thinking about this item which has been inserted in this year's budget. It was felt that the Public Safety Committee, with Council members Donohoo and Mitchell and this committee, could meet with the City Attorney and study this matter. MOTION: Mayor Mitchell moved that the Public Safety Committee be authorized to consider and report back to Council in regards to methods of obtaining a company to handle codification of the Municipal Code. The motion was seconded by Councilman Jennings and unani- mously carried. (2) Mr. Little requested reservations from those members of the Council planning on attending the Channel Counties Division of the League of California Cities meeting. All members of the Council indicated that they would attend with Councilmen Jennings and McConaghay and Mayor Mitchell making reservations for their wives as well. Councilman Donohoo stated that the new convalescent hospital, Huntington of Morro Bay, was planning a luncheon and a tour of the hospital for the City officials on that date also. All Council members except Councilman McConaghay, indicated that they would be able to attend along with Mr. Little and Mr. Warden. MOTION: Mayor Mitchell moved that Council invite the Planning Commission, Police Chief, Fire Chief and Public Works Director to the League meeting on August 4, 1972. The motion was seconded by Councilman Jennings and unanimously carried. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 24, 1972 Page Ten (3) Mr. Little presented the Expenditure Report for the period July 1 through 15, 1972 for the consideration of the Council. MOTION: Councilman McConaghay moved that the Expenditure Report for the period July 1 through 15, 1972 be approved. The motion was seconded by Councilman Jennings and unanimously carried. CORRESPONDENCE 1. Two letters from the Traffic Safety Committee re: minibike trails and Highway 1. Since the letter regarding minibike trails had indicated that the Traffic Safety Committee did not approve of the Pacific Gas and Electric property on Main Street as a mini -bike park, Mayor Mitchell felt that a Council committee should study the matter. MOTION: Councilman Reiser moved that the matter be referred to the Public Safety Committee for consideration and that they be directed to report back to Council. The motion was seconded by Mayor Mitchell and unani- mously carried. 2. Letter from Mr. Demler regarding mini -bikes. MOTION: Councilman Donohoo moved that the corres- pondence be filed. The motion was seconded by Councilman Jennings and unanimously carried. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting be adjourned to executive session to discuss personnel matters. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting was adjourned to executive session at 10:57 p.m. and returned to regular session at 11:29 p.m. MOTION: Councilman McConaghay moved that the meeting be adjourned to Tuesday, July 25, 1972, at 7:30 in the City Hall Conference Room. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned at 11:.30 p.m. Recorded by: M. J. LITTLE, City Clerk By: Fir ith Davis Deputy City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Monday, July 17, 1972 at 5:00 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California to consider applicants for Parks and Recreation Commissioner. DATED: July 13, 1972 DALE C. MI7 H'C ELL, Mayor City of Morro Bay, California • 0 MINUTES - MORRO BAY CITY COUNCIL Special Meeting July 17, 1972 5:00 p.m. City.Hall Conference Room The meeting was called to order at 5:10 p.m. by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None It was noted that the meeting was called for the purpose of interviewing applicants for the position of Parks and Recreation Commissioner. MOTION: Councilman Donohoo moved that the meeting be adjourned to executive session to interview applicants for Parks and Recreation Commissioner. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting adjourned to executive session at 5:10 p.m. and reconvened regular session at 6:13 p.m. MOTION: Councilman Donohoo moved that William Payne be appointed to a four year term as Parks and Recreation Commissioner. The motion was seconded by Councilman Jennings and carried with Councilman McConaghay voting no. MOTION: Councilman Keiser moved that Mary Jean Munro be re -appointed to a four year term as Parks and Recreation Commissioner. The motion was seconded by Councilman Donohoo and unanimously carried. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Keiser and unanimously carried. The meeting was adjourned at 6:15 p.m. Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk ! 6 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, July 10, 1972, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the appeal of Lee and Bernardette Schultz from Use Permit conditions set by the Planning Commission; at which said hearing any person interested may appear and express his views for, against or in modification of said recommendation. DATED: June 27, 1972 M. J LE, City Clerk City of Morro Bay, California CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING July 10, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of June 26, 1972 HEARINGS, 'APPEARANCES AND REPORTS A-1 Public hearing for Priority No. 2 assessments A-2 Appeal of Lee and Bernadette Schultz from Planning Commission condition set on Use Permit - cancelled A-3 Report from Assistant City Administrator regarding water situation A-4 Appearance of Miles Castle regarding the proposed mini - bike trail on P.G. & E. property UNFINISHED BUSINESS B-1 Resolution approving U.S. Coast Guard Use Permit B-2 Set hearing date for appeal of Planning Commission condition set on Use Permit to American/West - set hearing date B-3 Parks and Recreation Commission - set date to interview applicants NEW BUSINESS C-1 Protest of Warren E. Goff from City invoice for sewer lateral repairs C-2 Resignation of Steve McNichols from Planning Commission C-3 Request for abandonment of Nevis Way C-4 Request of Chamber of Commerce to use City property C-5 Annual transportation claim INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 10, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Pastor Carl L. Stark Jr. of the Calvary Lutheran Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay and Mayor Mitchell ABSENT: Councilman Jennings MINUTES The minutes of the regular meeting of June 26, 1972, were con- sidered by the Council. MOTION: Councilman Donohoo moved for the approval of the minutes. The motion was seconded by Councilman Keiser and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Public Hearing for Priority No. 2 Assessments Mayor Mitchell asked Doug Stuart, Director of Public Works, to list the streets involved in this project of curb, gutter and side- walk improvements. After Council was informed of the area involved, Mayor Mitchell opened the public hearing at 7:36 p.m. and called for presentations by property owners involved in this project. Doug Stuart stated that he wished to make a protest in behalf of property owner Sidney K. Williamson at 229 Dunes Street. He said it had been intended that the driveway approach on this property would have to be redone and this was included in the cost of the bid which was $140. As construction progressed, however, the contractors found that they would not have to reconstruct the entire present driveway approach. The contractor reduced his original bid for this particular property to $125. Councilman Jennings was present at the meeting at 7:38 p.m. Mayor Mitchell closed the public hearing at 7:40 p.m. MOTION: Councilman McConaghay moved that Item 5 in Priority No. 2 Curb, Gutter and Sidewalk Improvements be reduced from $140 to $125. The motion was seconded by Mayor Mitchell and unanimously carried. MOTION: Mayor Mitchell moved that the assessments as amended be approved. The motion was seconded by Councilman Donohoo and unani- mously carried. A!2 Appeal of Lee and Bernadette Schultz from Planning Commission condition set on Use Permit - cancelled MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL July 10, 1972 Mayor Mitchell stated that Council was in receipt of a letter from Lee and Bernadette Schultz informing them that they are now in agreement with the Planning Commission regarding the parking con- ditions they originally wished to appeal. MOTION: Mayor Mitchell moved that the appeal of Lee and Bernadette Schultz be dropped. The motion was seconded by Councilman Donohoo. Chuck Murdy of the Lomita Terrace Motel was concerned as to how the matter had been settled. Mayor Mitchell stated that they had complied with the condition set by the Planning Commission. The motion was unanimously carried. A-3 Report from Assistant City Administrator regarding water sit- uation Mayor Mitchell stated that the water level for the City of Morro Bay had dropped quite a bit since the Council had last been apprised of the situation. He called on Assistant City Administrator, Murray L. Warden to elaborate on the matter. Mr. Warden presented to the Council, a chart which depicted the water levels of two wells, the Morro Basin and Chorro Basin, over the last seven years. In October of 1968, the water level in both basins dropped down to the 35 foot level. Presently, these basins are within five feet of this point. At approximately the 42 foot level, the pumps will shut off and there is danger of air in pipes and sea water intrusion. Mr. Warden stated that the City does not now have an emergency situation, but that it is serious enough for some definite action to be taken. He referred the Council to the memo from the Director of Public Works, which suggests three alternatives for the Council to consider to help alleviate the water shortage problem. Mr. Warden suggested that the Council initiate Phase I of these alternatives immediately and consider the others for possible implementation at a later date if the need arises. Phase I is a voluntary program requesting citizen cooperation. It would involve requesting citizens to irrigate only on certain days and between specified hours. Irrigation should be discouraged on Saturdays, Sundays and Mondays. Conservation in the home should be observed. Phase II would be the mandatory implementation of Phase I, and Phase III is an emergency action which would require utilization of Whale Rock water. The municipal code gives the Council the power to enact these programs. MOTION: Councilman Jennings moved that -Phase I of the memo be implemented immediately. The motion was seconded by Councilman Keiser and unanimously carried. 9 i 40 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 10, 1972 Page Three It was also requested that publicity be given to the program. Staff was directed to bring this matter to the Council should the matter worsen. Mr. Joseph Giannini stated his concern about the water short- age and thought that perhaps the Council should establish a com- mittee to be studying this matter and making suggestions as to where the water should come from. Councilman Keiser informed the Council that the Water Advisory Committee has been concerned with this matter and have been trying to get the Board of Supervisors to adopt the San Luis Obispo County Master Water and Sewer Plan. If this plan is adopted, it would pave the way for the City action in securing an adequate water supply. MOTION: Councilman Keiser moved that Staff call a meeting of the City Water Advisory Committee immediately. The motion was seconded by Mayor Mitchell and unanimously carried. MOTION: Councilman Keiser moved that a letter be written to the Board of Supervisors urging them to accept the recommendations of the San Luis Obispo County Water and Sewer Plan at the earliest possible date. Councilman Donohoo informed the Council that hearing dates have been set for this matter. The motion was seconded by Councilman McConaghay and unanimously carried. Councilman McConaghay was concerned about the irrigation in Chorro Valley. Mr. Warden stated that the farmers in this area should be through with their irrigation within the next week. A-4 Appearance of Miles Castle regarding the proposed mini -bike trail on Pacific Gas and Electric Company property Mr. Castle was present and stated that he had a petition to present to the Council with approximately sixty names of the pro- perty owners around the area on Main Street where Pacific Gas and Electric Company may lease property to the City of Morro Bay for a mini -bike trail. He stated that the people on the petition were opposed to this project because of the noise, dust and traffic hazard it will create. Mr. Castle also stated that there was no way to constantly supervise the area unless the City hired a full time employee to do so. He apprised the City of the insurance rates in regards to mini -bikes. He felt the City should find a place for this project some place outside of the City limits. It was noted that the Traffic Safety Committee is presently working on this project. Mrs. Fisher of the Traffic Safety Com- mittee, stated that the Committee is working on it only so far as the safety of the trail is concerned. She assured the Council that the noise, dust and traffic hazards would be taken into con- sideration when their recommendations to the Council were made. She said that Captain Mehaffey, of the Morro Bay Fire Department, • of MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL July 10, 1972 and the Recreation Department were working on the plans for this trail. Mr. Overmeyer spoke in behalf of Mr. Castle as a property owner near the proposed mini -bike trail. Mayor Mitchell stated that it seemed as though recent proposals for activities for the benefit of children have been met with op- position and that there should be some place for the children to be able to ride their bikes; however, the proposals of the various committees have not yet been presented to the Council, so no action was required at this time. The petition will be taken into con- sideration at that time. UNFINISHED BUSINESS B-1 RESOLUTION NO. 64-72. Resolution approving United States Coast Guard Use Permit #DOT-CG12-4020 MOTION: Councilman Donohoo moved that Resolution No. 64-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 64-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 64-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. B=2 Set hearing date for appeal of Planning Commission conditions set on Use Permit to American/West Mayor Mitchell stated that this item was before the Council at this time to set a hearing date. MOTION: Councilman Donohoo moved that July 24, 1972, be set as a hearing date for this matter. The motion was seconded by Councilman Jennings. Willard McGonagll requested permission to speak and was granted permission by Mayor Mitchell. He referred the Council to certain sections of the Zoning Ordinance which state that a Use Permit may be appealed, but this section says nothing about a condition being appealed, which is what is being appealed in this case. Also he stated that the Use Permit itself was illegal because to obtain a Use Permit the use must generally conform to the Land Use Element of the General Plan which does not provide for a travel trailer park. He also objected to the appeal being heard before a prejudiced body. He felt that the appeal should be heard before the courts rather than the Council. Mr. LeSage stated that the appeal is a legal one and must be heard before the Council before it could go to the courts. The motion carried with Councilman McConaghay 6 6 MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL July 10, 1972 voting no. B-3 Parks and Recreation Commission - set date to interview applicants Mr. Warden informed the Council that he was in receipt of three applications for this position. MOTION: Mayor Mitchell moved that Monday, July 17, 1972 be set as the date to interview appli- cants in the City Hall Conference Room for the Parks and Recreation Commission. The motion was seconded by Councilman Donohoo and unanimously carried. NEW BUSINESS C-1 Protest of Warren E. Goff from City invoice for sewer lateral repairs Mr. Warden informed the Council that late this afternoon he had received a call from Mrs. Goff informing him that Mr. Goff was ill and had requested that this item be postponed until the next regular meeting of the Council. MOTION: Councilman Donohoo moved that this item be deferred to the next regular meeting of the Council. The motion was seconded by Councilman Jennings and unanimously carried. C-2 Resignation of Steve McNichols from Planning Commission Mayor Mitchell stated that the Council was in receipt of the resignation of Steve McNichols from the Planning Commission effective immediately as he and his family are moving out of town. MOTION: Councilman Keiser moved that the resignation of Steve McNichols from the position of Planning Commissioner be accepted with regret. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden asked the Council what procedure they would like to have initiated to obtain a new Planning°Commissioner. It was felt that the City should advertise for this position and accept applications until August 14th at which time they could set a date to interview the applicants. MOTION: Councilman Donohoo moved that the period in which the City will accept applications for Planning Commissioner be open until August 14, 1972. The motion was seconded by Councilman Jennings and unanimously carried. C-3 Request for abandonment of Nevis Way Mr. Warden recited, for the benefit of the Council, the action MINUTES - MORRO Regular Meeting Page Six taken by the Planning Commission in regards to the abandonment of this street. Nevis Way is a paper street. The Planning Commission agreed on December 6, 1971, to adopt the recommendations of the Subdivision Review Committee meeting of September 28, 1971, in its entirety. The Subdivision Review Committee had gone on record as having no objections to the abandonment of Nevis Way. Councilman Jennings moved that Staff be authorized to proceed with abandonment proceedings with respect to Nevis Way. The motion was seconded by Councilman Donohoo and carried with Councilman McConaghay abstaining. Mayor Mitchell stated that the Council was in receipt c request from the Chamber of Commerce to use Lila H. Keiser F over the Labor Day holiday for a carnival, a soft ball game, event sponsored by the Moose Lodge, several food booths and Fine Art and Crafts show. Councilman Donohoo objected to the felt that it might cause some damage Bill Duke, Chamber of Commerce manager, stated that the Chamber was attempting to gain recognition for the City of Morro Bay. The Art Association is involved in the Art show proposed for the Keiser Park as -.,well as the one they currently have a use permit for at the City Park. He also stated that the Chamber will not use the Keiser Park for the carnival, but would have it on the property adjacent to Keiser Park, for which they would have to get permission from the property owner; or use the use permit granted to them previously by the Council for the area on the Embarcadero next to the Harbor Yard. Mr. Carlisle of the Art Association informed the Council that the Art Association has a Use Permit for the City Park, but is also obtaining a business license for Keiser Park should the Chamber be granted a Use Permit there. Councilman Jennings moved that the request of the Chamber of Commerce for a Use Permit for the Lila H. Keiser Park over the Labor Day Holiday be granted. The motion was seconded by Councilman Donohoo and unani- mously carried. transportation Mayor Mitchell stated that the Council had correspondence from Ned A. Rogoway, secretary to the San Luis Obispo County and Cities Area Planning Coordinating Council, informing the City of their estimated apportionment of $34,490 to be used for acquisition of right-of-way, construction of streets, roads and bikeways. Mr. Rogoway had enclosed forms to be completed by the City of Morro Bay for the filing of the City's annual transportation claim. Mr. Warden had been informed by Mr. Rogoway that the date for sub- MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 10, 1972 Page Seven mittal had been postponed, so this matter can be deferred until the next Council meeting for review. MOTION: Councilman Donohoo moved that this matter be scheduled for the next regular meeting of the Council. The motion was seconded by Councilman Jennings and unanimously carried. Staff was directed to submit a report of suggestions as to the project to which this program applies. The report must contain plans for the City's apportionment. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser requested a progress report on the pro- posed launching ramp. Mr. Warden stated that Mr. Stuart was in the process of getting specifications on materials and types of floats for docks. D=2 City Attorney (1) Mr. LeSage reported on a letter he had received from the County Health Department advising him to file suit in regards to a health hazard on Monterey Street in Morro Bay. MOTION: Councilman Donohoo moved that the City Attorney be authorized to proceed with filing the suit as requested by the County Health Department in this matter. The motion was seconded by Councilman McConaghay and unanimously carried. D-3 City Administrator (1) Mr. Warden presented the Financial Report for the period July 1, 1971 through June 30, 1972 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Report for the period July 1, 1971 through June 30, 1972. The motion was seconded by Councilman Jennings and unanimously carried. (2) Mr. Warden presented.�the Expenditure Report for the period June 16 through 30, 1972 for the consideration of the Council. ° MOTION: Councilman Donohoo moved that the Expen- diture Report for the period June 16 through 30, 1972 be approved. The motion was seconded by Councilman Jennings and unani- mously carried. (3) Mr. Warden stated that Councilman Keiser had previously MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 10, 1972 Page Eight requested information as to whether or not federal funds are available to help finance the sewer cleaning machine the City is to purchase. Mr. Warden had checked into this matter and finds that there are no funds available for City use in this instance. (4) Mr. Warden informed the Council that he had been advised by Cecil Minugh of Minugh Realty that they are offering for sale the property at 535 Harbor Street, a former medical office. The lot is 44' x 88' and the listed price is $30,000. The owner says $28,000 is minimum acceptable. This property is located with- in the City's proposed civic center complex. MOTION: Mayor Mitchell moved that Staff be authorized to approach Mr. Gist, real estate appraiser, with the request to make an appraisal on this property and report back to Council. The motion was seconded by Councilman Donohoo and unanimously carried. (5) Mr. Warden stated that he was in receipt of correspondence from Cuesta College in which they advise that they are planning to make available, to municipal governments, a program of management training. The fee to be charged should not exceed $50 per person. Mr. Warden feels this would be a valuable asset to the City and has found department head interest in the program. Councilman Donohoo felt that this would take the department heads away from their already busy schedule. It was noted that some of the classes might be offered as night courses. MOTION: Mayor Mitchell moved that the City Admin- istrator be authorized to indicate an interest to Mr. Eisenbise, President -Super- intendent of Cuesta College, in the part of the City of Morro Bay participating in this program. The motion was seconded by Councilman Jennings and unanimously carried. (6) Mr. Warden read a letter from Barbara George, Recreation Director, in which she requests a leave of absence from her position as Recreation Director for a period of one year. She will be leaving Morro Bay to accompany her husband who has accepted a post -doctoral fellowship at Yale University in New Haven, Connect- icut for the 1972-73 school year. Mrs. George would return by not later than July 1, 1973. Mrs. George states that she leaves the department in very capable hands and feels that her status could be, if desired, re-evaluated at the time of her return should the Council grant her leave. Councilman Donohoo stated that he feels the leave should be granted as Mrs. George has done an outstanding job with this depart- ment in the time she has been with the City,. All Council members agreed. MOTION: Councilman Donohoo moved that the leave of absence requested by Barbara George for the school year 1972-73 be granted. The motion was seconded by Councilman 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 10, 1972 Page Nine Keiser and unanimously carried. Mr. Warden stated that he was in receipt of an application for this position and requested Council's guidance regarding the hiring of a Recreation Director. Council indicated that they wished the position to remain open until Mrs. George's return. CORRESPONDENCE 1. Letter from Mrs. R. E. Welter mentioning some problem areas in the City of Morro Bay. Mr. Warden informed Council that these matters are being looked into. Council directed Staff to write a letter to Mrs. Welter informing her of the progress on the items mentioned in her letter. 2. Letter from the Motel Association opposing the construction of any new motels within the City of Morro Bay. 3. Letter from the Motel Association regarding the cancellation of the Art Show scheduled for July 4, 1972. 4. Letter from the Motel Association regarding the hiring of a Planning Director for the City of Morro Bay. Mr. Murdy of the Motel Association made some comments regard- ing these letters. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting adjourn. The motion was seconded by Council- man McConaghay and unanimously carried. The meeting was adjourned at 9:30 p.m. Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING June 26, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of June 12, 1972 2. Minutes of the executive meeting of June 12, 1972 HEARINGS, APPEARANCES AND REPORTS A-1 Report of City Attorney on Morro Development Company and John Den-Dulk's suit against the City A-2 Planning Commission recommendation regarding revocation of Conditional Use Permit to Jones Ambulance Service (continued) UNFINISHED BUSINESS B-1 Improvement District No. 6 proceedings B-2 Resolution accepting deed to property on Harbor Street B-3 Resolution adopting a salary schedule and position classification B-4 Ordinance approving and adopting a budget for the fiscal year 1972-73 B-5 Resolution authorizing change B-6 Approval of renewal of Scovell B-7 Public hearing for assessment and Sidewalk Construction prog July 10, 1972) in water meter installation rates lease site of Priority No ram (set date . 2 - Curb, Gutter for hearing - B-8 Applications for Parks and Recreation Commission B-9 Notice of complaint from attorney, Ray A. Gallo, on behalf of A. W. Gardner for sewer damages NEW BUSINESS C-1 Request of Chamber of Commerce to use City property C-2 Cost services contract agreement with State Cooperative Personnel Services C-3 Appeal of Lee and Bernadette Schultz from Planning Commission use permit conditions (set date for hearing - July 10, 1972) C-4 Resolution approving the renewal of Coast Guard lease C-5 Review of City responsibilities for furnishing sand for bedding sewer and drainage lines under City contract INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 26, 1972 7:30 p.m. Morro Bay Recreation Hall r � The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Van Eakes gave the invoca- tion. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell. ABSENT: None MINUTES The minutes of the regular meeting of June 12, 1972 and the executive meeting of June 12, 1972 were considered by the Council. MOTION: Councilman Donohoo moved for the approval of the minutes. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Report of City Attorney on Morro Development Company and John Den-Dulk's suit against the City Mr. LeSage informed the Council of the nature of the suit and stated that it was the result of an initiative petition passed by the people of the City of Morro Bay and referred to as Ordinance No. 103. Morro Development Company and John Den -bulk own property in the described area in Ordinance No. 103 which prohibits con- struction within certain boundaries. Mr. LeSage stated that the people of the City of Morro Bay, having interest in the defense of this ordinance, may present themselves as friends of the court and make statements in defense of the ordinance. Mr. Joseph Giannini suggested that the Council look into the possible purchase of the land owned by Morro Development Company and John Den -bulk. No action was required by the Council at this time. A-2 Planning Commission recommendation regarding revocation of Conditional Use Permit to Jones Ambulance Service (continued) Mayor Mitchell stated that Jeff Burke, attorney representing Mr. David Flock of Jones Ambulance Service, was present to speak in Mr. Flock's behalf. Mr. Burke gave the Council a brief history of this Use Permit and stated that he had contacted a Dr. Harold M. Cota of Cal Poly who is a specialist in accoustical engineering, to do the research necessary in order to determine the sound preventatives needed to alleviate the noise to the satisfaction of the Planning Commission. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 26, 1972 Page Two Mr. Burke had a list of alternatives to alleviate the noise problem for the consideration of the Council. MOTION: Councilman Keiser moved that the recommen- dation for revocation of the Conditional Use Permit to Jones Ambulance Service be denied and that the recommendations of Dr. Harold M. Cota be referred to the Planning Commission for determination o•f the best sound -proofing method. The motion was seconded by Councilman McConaghay and unanimously carried. UNFINISHED BUSINESS B-1 RESOLUTION NO. 58-72. Resolution fixing date of bonds and directing pu lication of official notice inviting bids for purchase of bonds, Improvement District No. 6 MOTION: Councilman Donohoo moved that Resolution No. 58-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 58-72 by title only. MOTION: Councilman McConaghay moved for the adoption of Resolution No. 58-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. B-2 RESOLUTION NO. 59-72. Resolution accepting deed from Morro Palms Shopping Center, Incorporated and authorizing recordation Mayor Mitchell stated that the Council had previously authorized the purchase of this property. MOTION: Councilman Donohoo moved that Resolution No. 59-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 59-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 59-72. The motion was seconded by Councilman Jennings and unani- mously carried.by roll call vote. B-3 RESOLUTION NO. 60-72. Resolution adopting a salary schedule and position classification MOTION: Councilman Donohoo moved that Resolution No. 60-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 60-72 by title only. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 26, 1972 Page Three MOTION: Councilman Donohoo moved for the adoption of Resolution No. 60-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. B-•4 ORDINANCE NO. 105. Ordinance approving and adopting a budget for the fiscal year 1972-73 Mr. Little went over the estimated revenues and expenditures for the Fiscal Year 1972-73 for the Council and the audience. He read Ordinance No. 105 in its entirety. MOTION: Councilman Donohoo moved that this con- stitute the emergency reading of Ordinance No. 105 and that it be adopted. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. B=5 RESOLUTION NO. 61-72. Resolution authorizing change in water meter installation rates Mayor Mitchell stated that this resolution had been requested by the Council at their last regular meeting and would increase the cost of meter installations beginning July 1, 1972. MOTION: Councilman Donohoo moved that Resolution No. 61-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 61-72 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 61-72. The motion was seconded by Councilman Donohoo and unani- mously carried by roll call vote. B-6 Approval of renewal of Scovell lease site MOTION: Councilman McConaghay moved that the lease for extension of the Scovell lease site term be approved. The motion was seconded by Councilman Jennings and unanimously carried. B-7 Public Hearing for assessment of Priority No. 2 - Curb, Gutter and Sidewalk Construction program (set date for hearing) MOTION: Councilman Donohoo moved that July 10, 1972 be scheduled as the hearing date for assess- ments of Priority No. 2. The motion was seconded by Councilman Jennings and unani- mously carried. B-8 Applications for Parks and Recreation Commission Mayor Mitchell informed the Council that two positions on the Parks and Recreation Commission would expire June 30, 1972, and that, of those whose terms are up, Mr. Cotting does not wish to be considered as Commissioner for another term while Mary Jean Munro MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 26, 1972 Page Four has expressed the desire to be considered for a second term. Councilman Keiser stated that she would like to see the period in which applications are accepted be postponed for two weeks as she knows one other person that will be submitting an application. MOTION: Councilman Keiser moved that the applica- tion period for Parks and Recreation Commissioner be extended until July 10, 1972. The motion was seconded by Council- man Donohoo and unanimously carried. B-9 Notice of complaint from attorney, Ray A. Gallo, on behalf of A. W. Gardner for sewer damages Mr. LeSage stated that the insurance company that will handle the defense of the Council. NEW BUSINESS he had turned this complaint over to covers the City of Morro Bay and they this suit. No action was required of C-1 Request of Chamber of Commerce to use City property Mayor Mitchell stated that this request from the Chamber was so that they could conduct an Art Festival at the City Park during the July 4th holidays since the Art Association would not be using this property. Councilman Keiser asked Mr. Carlisle of the Art Association if they objected to this use for any reason. Mr. Carlisle stated that they had no objections to the park being used as long as their permit for the Labor Day holidays would still be in effect. Councilman McConaghay felt that the term "Art Festival" should be defined and requested information as to what this term meant. Mr. Duke, of the Chamber of Commerce briefly informed the City Council of the types of exhibits to be shown. He stated that there would be no more than 40 entries in the show whereas the Art Asso- ciation had 96 in their last show over Memorial Day. This should cut down considerably on the traffic problem. Also the exhibitors would be only local people within the County. Councilman Keiser felt that there was an unwritten agreement with Cayucos that they would have their yearly celebration on July 4th while Morro Bay had theirs on Labor Day. She also felt that the Chamber of Commerce would face some of the same problems that the Art Association had during their last show. RESOLUTION NO. 62-72. Resolution approving grant of Use Permit Agreement to Morro Bay Chamber of Commerce MOTION: Councilman Donohoo moved that Resolution No. 62-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 62-72 by title only. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 26, 1972 Page Five MOTION: Councilman Jennings moved for the adoption of Resolution No. 62-72. The motion was seconded by Councilman McConaghay and carried on the following roll call vote. AYES: Councilmen Donohoo, Jennings, McConaghay and Mayor Mitchell NOES: Councilman Keiser C-2 Cost services contract agreement with State Cooperative Personnel Services Mr. Little explained that this was a yearly contract with the State in which they provided tests, etc. for various department head positions. The City has had a contract with them for several years at no cost except for the purchase of supplies, etc. MOTION: Councilman Donohoo moved that the contract with State Cooperative Personnel Services be approved. The motion was seconded by Councilman Jennings and unanimously carried. C-3 Appeal of Lee and Bernadette Schultz from Planning Commission Use Permit conditions (set date for hearing) MOTION: Councilman Donohoo moved that July 10, 1972 be set as a hearing date for the appeal of Lee and Bernadette Schultz. from the Planning Commission's condi- tions set on Use Permit. The motion was seconded by Councilman McConaghay and unanimously carried. C-4 RESOLUTION NO. 63-72. Resolution approving the renewal of Coast Guard lease MOTION: Councilman Donohoo moved that Resolution No. 63-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 63-72 by title only. MOTION: Councilman Donohoo moved that Resolution No. 63-72 be adopted. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. C-5 Review of City responsibilities for furnishing sand for bedding sewer and drainage lines under City contract Mr. Little stated that the City was faced with responsiblity of providing sand for the bedding of sewer pipes in Improvement District No. 6. In the past, it has been the City's practice to obtain sand from an area near the Pacific Gas and Electric plant for this purpose. Since the last meeting of the Council, however, Mr. Little had been contacted by Mr. Hall, of the State Lands Com- mission and he informed Mr. Little that sand is a mineral and, therefore, the property of the State as far as the tideland grants MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 26, 1972 Page Six go, and cannot be used by the City. The City of Morro Bay is obligated to produce approximately 4,000 cubic yards of sand for the Improvement District No. 6 project. He listed the prices charged -by other cities for sand; prices to include hauling expenses, etc. Another alternative that the Council may consider is using the sand across the street from Morro Dunes Travel Trailer Park. The City has budgeted for a sand maintenance project and it would be well for the project to start at this point. After removal of the sand needed, the City could plant a type of plant which would hold the sand in place and require a minimum of maintenance by the City. This property is owned by the City as fee property. If the City was to purchase the sand from another source, it would cost approximately $9,440 which would be up to the City to pay since the assessments have already been levied against property owners for Improvement District No. 6. Mr. Little was informed by the State Lands Commission that application for the use of the sand by the City is possible, but it takes about 90 days for the Commission to study the matter. It is suggested that the City request a certain time period, perhaps fifteen years, for the consideration of the Commission so that they would not have to restudy the matter each year. The Commission usually sells this sand, for a fee, but it is conceivable that the City would not have to pay for the portion they wished to use. Councilman Keiser suggested that the head of the State Lands Commission, Mr. Hortig, be contacted and appraised of the City's predicament so that some allowances could be allowed. Mr. Little stated that Mr. Trout, manager of the State Lands Program was aware of the situation the City is faced with, but cannot do anything at this point. MOTION: Councilman Jennings moved that the City Administrator be authorized to obtain the sand needed from the area across from Morro Dunes Travel Trailer Park. The motion was seconded by Councilman Donohoo and unanimously carried. Council was informed that the last time a large quantity of sand was taken from this area, it had taken approximately three years to build up again and during that time sand had been removed in various amounts several times. MOTION: Councilman McConaghay moved that Council request an emergency meeting with the State Lands Commission to obtain the 4,000 yards of sand needed at this time and, also, that a request be made to them for yearly permission to obtain sand from them. The motion was seconded by Councilman Jennings and unanimously carried. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 26, 1972 Page Seven INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser referred to correspondence from the Traffic Safety Committee regarding TOPICS. Mr. Little informed her that the City has made application to them, but as of this date, has not heard from them. (2) Councilman Keiser wished to appeal the Planning Commission condition of the Use Permit issued to American/West which allows them to use, as access to their property, "54th Street". Mayor Mitchell informed her that the Council as a body could not appeal a Planning Commission decision; it would have to be an in- dividual. Councilman Keiser stated that she appeals their decision, not as a councilman, but as an individual. Mayor Mitchell then stated that this matter would have to be scheduled for the next regular meeting of the Council to set a hearing date and then, at a following meeting, a hearing could be held. Staff was instructed to place this matter on the agenda to set a hearing date. (3) Councilman Jennings informed the Council that he was making progress on the Harbor Ordinance and would have notes for the Council at a later date. D=2 City Attorney Michael LeSage had nothing to report at this time. D-3 City Administrator (1) Mr. Little presented Transfer Voucher No. 1-2-27 in the amount of $4,394.00 for the fire truck payments which is a yearly expenditure. MOTION: Councilman McConaghay moved for the approval of Transfer Voucher No. 1-2-27 in the amount of $4,394.00. The motion was seconded by Councilman Donohoo and unanimously carried. (2) Mr. Little presented the Expenditure Report for the period June 1 through 15, 1972 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period June 1 through 15, 1972. The motion was seconded by Mayor Mitchell and unanimously carried. CORRESPONDENCE 1. Letter from the Traffic Safety Committee requesting answers to correspondence and copies of minutes. 2. Letter from the Chamber of Commerce inviting the Council to participate in the Labor Day activities. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 26, 1972 Page Eight 3. Letter from Alan Cranston thanking the City for their resolu- tion regarding the opposition of HUD's requirement that cities adopt the National Electrical Code as a requisite for federal housing monies. 4. Letter from Mr. Al Albinger, Chairman of the Resolutions Committee for the Channel Counties Division of the League of California Cities requesting the submission of proposed resolutions. 5. Letter from Mary Freitas in support of Jones Ambulance Service. 6. Letter and proposed resolutions from the City of Westminster.. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Jennings and unanimously carried. ADJOURNMENT MOTION: Councilman McConaghay moved that, the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting was adjourned at 8:45 p.m. Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk 6 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING June 12, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of May 22, 1972 HEARINGS, APPEARANCES AND REPORTS A-1 Report of Staff regarding BB gun control A-2 Report on sewer cleaning machine and methods of financing A-3 Hearing on vehicle abatement UNFINISHED BUSINESS B-1 Improvement District No. 6 proceedings B-2 Bonding and Federal programs for acquisition of ninety-six acres of Den -bulk and American/West properties B-3 Expansion of docks at launching ramp B-4 Resolution regarding annexation of city property B-5 Resolution expressing interest in proposed Diablo Canyon desalting project B-6 Resolution Authorizing changes in permitted uses on Lease Site No. 18, Baier and Myers NEW BUSINESS C-1 Recommendation of Planning Commission regarding revocation of Conditional Use Permit to Jones Ambulance Service C-2 Request of Clayton Scovell for permission to renew present lease site for five years C-3 Review of Memorandums of Understanding with employee associations C-4 Request of Public works Director for approval of increase in meter installation charges C-5 Renewal of Use Permit Agreement No.115 and 120 with Morro Dunes Trailer Park and Campground, Inc. C-6 Letters from Morro Bay Art Association regarding the cancella- tion of July 4th exhibits. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 12, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Mayor Mitchell gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser and Mayor Mitchell ABSENT: Councilman McConaghay MINUTES The minutes of the regular meeting of May 22, 1972, were con- sidered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Report of Staff regarding BB gun control Mayor Mitchell stated that Council was in receipt of a memo from Staff informing them of the control on BB guns as relates to the ordinance. There is no ordinance against the possession or discharge of a BB gun, however, there is an ordinance against the killing of birds, which is what the Council is concerned with. It was noted that another ordinance prohibiting the possession or discharge of BB guns would not necessarily alleviate the killing of birds in that the securing of evidence would be the needed factor in such an ordinance as it is in the ordinance against the killing of birds. A-2 Report on sewer cleaning machine and methods of financing Mr. Little reported on a recent visit by members of Staff and some Councilmen to Atascadero to see a demonstration of their District sewer cleaning machine. He stated that the County had purchased this equipment for the Atascadero Sanitary District and had under- taken extensive research before doing so. It is not the most expensive machine on the market, but it does seem to give very satisfactory service. Mr. Little stated that they were impressed with its ability to clean and flush out sewer lines. He said that the insurance rates for the City of Morro Bay could soon get out of hand because of the number of sewer damages claims filed against the City each year. This machine would greatly help this problem. Mr. Little stated that the machine could be acquired on the lease -purchase arrangement for about $16,000. This could be spread over a period of three or four years. At the conclusion of the discussion, Staff was directed to check into the possibility of obtaining federal funds to purchase this equipment, but it was understood that this matter is to be MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 12, 1972 Page Two incorporated into the 1972-73 budget for Council approval. A-3 Hearing on vehicle abatement Mr. Little informed the Council that two of the vehicles, listed on their sheets for action, have been removed. These were the 1960 VolksWagon and the 1956 Plymouth owned by John S. Gong and Sam C. Smith respectively. Mayor Mitchell proceeded to read the particulars of the other three vehicles listed. He declared the public hearing open at 7:43 p.m. and called for presentations from anyone regarding these vehicles. Mayor Mitchell was in receipt of a letter from L. C. Griswold, property owner where a 1959 Chevrolet was charged as being an abandoned vehicle, declaring lack of responsibility for this vehicle. John S. Gong was present regarding a 1957 Chevrolet currently parked on his property. He stated that he is in the process of rebuilding the engine of this vehicle and requests a four month extension be granted to him to finish this project. As there were no other presentations, the hearing was closed at 7:47 p.m. MOTION: Mayor Mitchell moved that the 1957 Chevrolet located at 580 Elena Street and the 1959 Chevrolet located at 560 Monterey Avenue be removed in accordance with the ordinance and that the property owner at 580 Elena Street be charged with the removal of the 1957 Chevrolet. The motion was seconded by Council- man Donchoo and unanimously carried. MOTION: Mayor Mitchell moved that the abatement proceedings on the 1957 Chevrolet pickup located at 331 Java Street, on property owned by John S. Gong, be suspended for a period of four months from this date. The motion was seconded by Councilman Jennings and unanimously carried. UNFINISHED BUSINESS B-1 Improvement District No. 6 proceedings Mayor Mitchell listed the various resolutions to be passed at this time. They were designated as follows: RESOLUTION NO. 48-72. Resolution Directing filing of a Second Amended Engineer's Report and Second Amended Estimate of Cost RESOLUTION NO. 49-72. Resolution and order approving Second Amended Engineer's Report, ordering the construction of im- provements and acquisitions and confirming assessment in Im- provement District No. 6 RESOLUTION NO. 50-72. Resolution authorizing changes in the MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 12, 1972 Page Three work to be made by the City Engineer of the City of Morro Bay in Improvement District No. 6 RESOLUTION NO. 51-72. Resolution of award of contract RESOLUTION NO. 52-72. Resolution authorizing execution of agreement between the City of Morro Bay and Hi -Way Contractors, Incorporated, for work to be done and approving bonds in Improvement District No. 6 MOTION: Councilman Donohoo moved that Resolutions No. 48, 49, 50, 51, and 52-72 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Resolutions No. 48, 49, 50, 51, and 52-72 by title only. MOTION: Councilman Donohoo moved that Resolutions No. 48, 49, 50, 51, and 52-72 be adopted. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. B-2 Bonding and Federal programs for acquisition of ninety-six acres of Den -bulk and American/West properties Council was in receipt of a memo from Staff which Mr. Warden proceeded to outline for them. He stated that he had been in contact with Stone and Youngberg, bonding firm in San Francisco and their information was that a bond for land acquisition is possible. An appraisal of the property must be made, bond counsel charges six percent of total bonded amount, City must establish the amount of the bond and determine the maximum tax rate increase necessary to amortize the bond, the area to be acquired must be designated in the Master Plan and Zoning Ordinance as a Park Area, HUD will fund approximately 38% to 40% of the total project with the balance to come from the City, and it would take about fifty-four days to bring the issue to election. It would cost the City approximately $5,000 to $6,000 to bring the issue to the vote of the people and'this would include appraiser fee, bond counsel fee and election costs. On the matter of obtaining federal funds, there appear to be two programs available to help defray the cost of acquiring the property: The Legacy of Parks Program and Outdoor Recreation - Acquisition and Development. Mr. Warden listed the requirements needed in order for the City to apply for these federal funds. Mr. Little informed the Council that the bonding capacity of the City is $5,000,000 and that there are two important issues in the near future that may require the City to go to bond. These are that certain requirements of the Water Quality Control Board must be met in the sewer department and, the acquisition of water for Morro Bay. Mayor Mitchell felt that he would like to hear some public opinion on this matter before Council makes any decisions. • 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 12, 1972 Page Four B-3 Expansion of docks at launching ramp Mayor Mitchell stated that Staff was requesting Council approval to apply to the Corps of Engineers for approval to expand the float- ing docks in the area of the launching ramp. MOTION: Councilman Keiser moved that Staff be authorized to apply to the Corps of Engineers for approval to expand the floating docks in the area of the launching ramp. The motion was seconded by Councilman Jennings and unanimously carried. B-4 RESOLUTION NO. 53-72. Resolution regarding annexation of City property Mayor Mitchell stated that at the last Council meeting, Council members had requested Staff to prepare a resolution requesting the Local Agency Formation Commission to consider annexing certain pro- perties acquired by the City of Morro Bay for well sites. These parcels, being annexed, could be removed from the tax rolls. MOTION: Councilman Donohoo moved that Resolution No. 53-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 53-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 53-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. B-5 RESOLUTION NO. 54-72. Resolution expressing interest in proposed Diablo Canyon desalting project Mayor Mitchell stated that this resolution had been prepared at the direction of Council also, and was presented at this time for adoption. The resolution in no way commits the City of Morro Bay regarding the Diablo Canyon desalting project, but merely ex- presses its interest. MOTION: Councilman Donohoo moved that Resolution No. 54-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 54-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 54-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. B-6 RESOLUTION NO. 55-72. Resolution authorizing changes in per- mitted uses on Lease Site No. 18, Baier and Myers Mayor Mitchell noted that this resolution deletes the use • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 12, 1972 Page Five "fish and shellfish hatcheries" and adds the use "restaurant and bar" to Lease Site No. 18. MOTION: Councilman Donohoo moved that Resolution No. 55-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 55-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 55-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. NEW BUSINESS C-1 Recommendation of Planning Commission regarding revocation of Conditional Use Permit to Jones' Ambulance Service Mayor Mitchell read a letter from Planning Director, Ned Rogoway, informing the Council of the Planning Commission's action regarding the Use Permit of Jones' Ambulance Service. They moved that the Conditional Use Permit be revoked "... in that the conditions of sound -proofing, which were a part of the original Conditional Use Permit, have not been met, and that the applicant has not shown much interest in complying with any of the requests of the City, or Planning Commission". Councilman Keiser stated that she had been in contact with Mr. Flock of Jones' Ambulance Service and felt he had a good reason for not attending the recent Planning Commission meeting in his behalf and requested that Council allow him to speak in this matter. Mr. Flock stated that, having failed to engage an accoustical engineer on his own, he had retained an attorney to do this for him. The attorney had found an accoustical engineer and plans are being drawn in order that Jones' Ambulance Service may comply with the Conditional Use Permit. He should be able to bring plans to the Council in two weeks. He stated that he had an emergency call on the night of the Planning Commission meeting that took him out of town, but that he had fully intended to be at'.the meeting. Councilman Keiser felt that the ambulance service was a very necessary part of the community and would like to see Mr. Flock be given time to comply with the Use Permit. MOTION: Councilman Keiser moved that this matter be continued until the next Council meeting so that Mr. Flock will have time to comply with the Conditional Use Permit. The motion was seconded by Mayor Mitchell and unani- mously carried. C-2 Request of Clayton Scovell for permission to renew present lease site for five years. MOTION: Councilman Jennings moved that the request MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 12, 1972 Page Six of Clayton Scovell for renewal of Lease Site for five years be granted. The motion was seconded by Councilman Donohoo. Mr. Little asked that Staff also be instructed to prepare the documents necessary for this renewal. Councilman Jennings amended his motion to include that Staff be directed to prepare the documents necessary to incorporate this renewal. Councilman Donohoo accepted the amendment and the motion was unani- mously carried. C-3 Review of Memorandums of Understanding with employee associations Mr. Little reviewed the Memorandums for the Council. He stated that, basically, there had been two major changes from last year. One being an increase in salaries of 5.5% which is the guideline set down by the Pay Board as the maximum which can be granted this year. Also, the City is agreeing to pay one-half of employee dependent's health insurance; this not to exceed 10% of what would be the City's share at the present time. Mr. Little stated that this was to protect the City in the event that a tragedy should occur and the City's insurance rates increase astronomically. In this year's memorandums,; the City will agree to incorporate the vacation and sick leave of last year's memorandums in the per- sonnel resolution. In addition, compensation is to be given to standby crews. Councilman Keiser stated that, perhaps next year, she would like to see the policewomen get the same pay rate as the men. They will be starting patroling and are doing basically the same duties as the men and should be paid for them. MOTION: Councilman Donohoo moved that Council approve the Memorandums of Understanding between the City of Morro Bay and City Employees, Fire Fighters and Police associations. The motion was seconded by Councilman Keiser and unani- mously carried. MOTION: Councilman Donohoo moved that the salary increases and health insurance benefits incorporated in the Memorandums of Under- standing be made to apply to all eligible city employees not members of the associa- tions. The motion was seconded by Council- man Jennings and unanimously carried. C-4 Request of Public Works Director for approval of increase in meter installation charges Council reviewed the memo from the Director of Public Works recommending an increase in meter installation charges of about fifty percent. The present rates do not cover the installation charges. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 12, 1972 Page Seven MOTION: Councilman Donohoo moved that Staff be authorized to present a resolution to the effect requested by the Director of Public Works for the increase in water meter installation charges at the next regular meeting of the Council. The motion was seconded by Mayor Mitchell and unanimously carried. C-5 Renewal of Use Permit Agreement No. 115 and 120 with Morro Dunes Trailer Park and Campground, Inc. It was noted that this is an annually renewed Use Permit for storage area. RESOLUTION NO. 56-72. Resolution approving grant of Use Permit Agreement 115 to Morro Dunes Trailer Park and Campground, Inc. MOTION: Councilman Donohoo moved that Resolution No. 56-72 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Little read Resolution No. 56-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 56-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote,. RESOLUTION NO. 57-72. Resolution approving grant of Use Permit Agreement No. 120 to Morro Dunes Trailer Park and Campground, Inc. MOTION: Councilman Donohoo moved that Resolution No. 57-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 57-72 by title only. MOTION: Councilman Keiser moved for the adoption of Resolution No. 57-72. The motion was seconded by Councilman Donohoo and unani- mously carried by roll call vote. C-6 Letters from Morro Bay Art Association regarding the cancella- tion of July 4th exhibits. Mayor Mitchell stated that Council was in receipt of letters from the Art Association which requested Council approval of their decision to cancel their July 4th show because of time limitations. MOTION: Councilman Donohoo moved that the Use Permit be cancelled. The motion was seconded by Councilman Jennings. Mr. Carlisle of the Art Association was present to explain to the Council why the Association felt this action necessary at this time. He stated that they would have their problems ironed out by 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 12, 1972 Page Eight the Labor Day show. Some discussion was held relative to using Keiser Park as a showing place as it is somewhat larger than the City Park. MOTION: Councilman Donohoo amended his motion to read that the 4th of July show provision in the Use Permit Agreement with the Art Association be cancelled. Councilman Jennings accepted the amendment and the motion was carried unanimously. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser reported on a meeting of the Traffic Safety Committee in which they discussed the use of the property offered for lease by P. G. & E. for a mini -bike trail. (2) Councilman Keiser stated that people on the Embarcadero were concerned about the numerous burglaries taking place on the boats in the harbor. She feels that Council should take in- to consideration the hiring of a night harbor patrolman at some future date to alleviate this hazard. (3) Councilman Donohoo reported on legislation regarding the amendment to the Brown Act. This amendment would prevent two members of a governing body to meet in a committee meeting or anywhere to discuss City business unless it was made public by ad- vertisement. Councilman Donohoo stated that matter goes before the Assembly Committee on June 15, 1972. MOTION: Mayor Mitchell moved that Staff be directed to send a letter to the appropriate chairman of this committee in the State Legislature informing them of the City's opposition to such an amendment. The motion was seconded by Councilman Jennings and unanimously carried. D-2 City Attorney Michael LeSage reported on action for possession involving May Pipkin. He requested that Council adjourn to executive session at the end of the meeting to discuss another matter. D-3 City Administrator (1) Mr. Little presented the Expenditure Reports for the periods May 1 through 15, 1972 and May 16 through 31, 1972 for the consideration of the Council. MOTION: Councilman Donohoo moved for the adoption of the Expenditure Reports for the month of May, 1972. The motion was seconded by Councilman Jennings and unanimously carried. (2) Mr. Little presented the Financial Report for the period MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 12, 1972 Page Nine July 1, 1971 through May 31, 1972, for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Report for the period July 1, 1971 through May 31, 1972. The motion was seconded by Councilman Jennings and unanimously carried. CORRESPONDENCE 1. Letter from Doris Burk opposing the development of a travel trailer park north of the high school. 2. Letter from Mrs. Leo Doering objecting to the lack of trailer spaces in the City of Morro Bay. 3. Copy of a letter to William Mott of the Department of Parks and Recreation from Bruce Jones of the California Advisory Commission on Marine and Coastal Resources regarding the use of shoreline area in Morro Bay. 4. Letter from the Department of Public Works regarding TOPICS funds. 5. Letter from the Division of Highways explaining why they cannot effect landscaping in the Morro Bay area. 6. Letter from the Department of Interior, Geological Survey in response to a letter from the City of Morro Bay requested by Mrs. Phillips regarding geological and hydrological studies. 7. Letter from Mrs. Phillips requesting an agenda appearance regarding the use of chemical toilets as opposed to those now in use as an effort to save water. MOTION: Councilman Donohoo moved that the corres- pondence be filed. The motion was seconded by Councilman Jennings. Discussion was held with Mrs. Phillips relative to her request for Council appearance. No action was taken. MOTION: Councilman Jennings moved that the meeting be adjourned. It was noted that there was a motion on the floor. Councilman Jennings withdrew his motion. The motion to file correspondence was unanimously carried. MOTION: Councilman Donohoo moved that the meeting adjourn to executive session. The motion was seconded by Councilman Jennings and unanimously carried. The meeting went into executive session at 9:01 p.m. and re- MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 12, 1972 Page Ten convened into regular session at 9:45 p.m. Council members discussed the fair amount of rent to charge the girl students living in the "May Pipkin" house on the Embarcadero recently awarded to the City in the unlawful detainer case against Mrs. Pipkin. It was decided that the rent should be $75.00 for one person and $100.00 for two persons with the renters to pay utilities. MOTION: Councilman Jennings moved for adjournment. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting adjourned at 9:53p.m. Recorded by: M. J. LITTLE, City Clerk a,�CCtL , 4 101,e By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING May 22, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of May 8, 1972 2. Minutes of the special meeting of May 13, 1972 3. Minutes of the adjourned special meeting of May 16, 1972 HEARINGS, APPEARANCES AND REPORTS A-1 Award of Police Academy certificates to Police Officers A-2 Continued hearing on Improvement District No. 6 A-3 Report on pending legislation - Councilman Donohoo A-4 Report from Division of Highways regarding access to 54th Street UNFINISHED BUSINESS B-1 Ordinance No. 104 - Rezoning of portions of Main Street (second reading) B-2 Resolution approving assignment of Lease Site No. 29; Pier - point to Brebes B-3 Resolution approving assignment of Lease Site No. 29; Brebes to Brebes Ocean House B-4 Resolution approving assignment of Lease Site No. 18; Brebes to Baier and Myers B-5 Resolution accepting deed of trust from Powers -Wells, Inc. and authorizing recordation Added B-6 Award contract,-'Priority'No. 2, Morro Palins-�Shopping Center NEW BUSINESS C-1 Letter from Planning Commission regarding property acquisition C-2 Request of Frank and Rita Abruscato for hearing regarding change in taxicab rates C-3 Diablo Canyon Desalted Water - Request of Public Works for resolution C-4 Request for resolution by International Conference of Build- ing Officials C-5 Annexation of City -owned property INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 22, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Stark of the Calvary Lutheran Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Mayor Mitchell. ABSENT: None MINUTES Jennings, Keiser, McConaghay and The minutes of the regular meeting of May 8, 1972, the special meeting of May 13, 1972 and the adjourned special meeting of May 16, 1972, were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1- Award of Police Academy certificates to Police Officers Mayor Mitchell stated that at this time the Council wished to recognize the accomplishments of three Police Officers for their outstanding record in Police Academy classes. The three officers receiving certificates for their high scores were Officer Martha Brown, graduating first in a class of sixteen men, Officer Lloyd Britell, Jr., graduating fourth in a class of sixteen men and John Machado graduating first from the Third Reserve Officer Academy. All officers took their academy courses at Allan Hancock College. Mayor Mitchell congratulated each officer and stated that Morro Bay should be proud to have in its employ such accomplished officers. A=2 Continued hearing on Improvement District No. 6 Mayor Mitchell reopened the public hearing on. Improvement District No. 6 at 8:38 p.m. and asked for a report regarding the meeting held by Staff and some of the property owners. Mr. Little reported on this meeting and stated that he felt a fair solution to a difficult problem had been arrived at and was satisfactory to all. All streets were widened where it was possible to do so. The increased cost, as estimated by Garing and Taylor, will be approximately $36,064.16. Mr. Little felt that this added expense could be taken care of through the contingency allowance and through a possible reduction in bond costs. He recommended that the City Council agree to pay additional costs not covered, so as to prevent re -engineering of the project. He thought that the add- itional cost to the City should not be over $15,000. MOTION: Councilman Keiser moved that City'go ahead MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 22, 1972 Page Two with this project and also pick up the contingencies. The motion was seconded by Councilman Jennings. Mayor Mitchell did not feel that this action was necessary at this time and asked Mr. Ness, from the bond counsel, his opinion. Mr. Ness confirmed the Mayor's statement. Councilman Keiser withdrew her motion and Councilman Jennings his second. Mayor Mitchell called for any other protests regarding this District. It was noted that the written protests for this project covered an area of 3.9% of the total property involved. Mayor Mitchell closed the public hearing at 8:44 p.m. Sam Taylor proceeded to outline the changes in proposed street widths. RESOLUTION NO. 41-72. Resolution overruling protests in Improvement District No. 6. MOTION: Councilman Donohoo moved that Resolution No. 41-72. be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 41-72. by title only. MOTION: Councilman McConaghay moved for the adoption of Resolution No. 41-72. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. RESOLUTION NO. 42-72. Resolution of necessity for condemnation. MOTION: Councilman Donohoo moved that Resolution No. 42-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 42-72. by title only. MOTION: Councilman McConaghay moved for the adoption of Resolution No. 42-72. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. A-3 Report on pending legislation - Councilman Donohoo. Councilman Donohoo reviewed his memorandum to the City Council. He reported on Proposition No. 9 scheduled for the June 6, 1972 ballot which is a Pollution Initiative. Councilman Donohoo felt that this initiative would cause a hardship on all citizens as a result of its stringent mandates. Councilman Donohoo had, for the consideration of the Council, a proposed resolution opposing Proposition No. 9 and urging a "no" vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 22, 1972 Page Three RESOLUTION NO. 43-72. Resolution opposing Proposition No. 9 and urging a "no" vote. MOTION: Councilman Donohoo moved that Resolution No. 43-72 be adopted. The motion was seconded by Councilman Keiser. Mayor Mitchell felt that he could not make a decision on this resolution until he had looked further into the matter and reviewed both sides of the issue. Councilman McConaghay felt likewise. The motion passed on the following roll call vote: AYES: Councilmen Donohoo, Jennings and Keiser. NOES: None ABSTAIN: Councilman McConaghay and Mayor Mitchell. A-4 Report from Division of Highways regarding access to "54th Street Mayor Mitchell stated that the City had received a letter from the Division of Highways regarding access to "54th Street" and proceeded to read the letter for the benefit of the audience. Lengthy discussion ensued with Council giving their feelings on the matter. Mayor Mitchell felt that "54th Street" would not be an acceptable access to this property and he would not be willing to approve such an access; however, he did not feel Council could ignore the strong opposition to the road on the west side of the property. Councilman McConaghay felt that since the Council had approved the use of American/West for this project, they should provide an access for them. It was agreed that it is the Council's responsibility to decide where the access will be. Mayor Mitchell felt that if the Council requested an easement from the school board, it would be placing the decision of the matter on their shoulders. Councilman Donohoo stated that the Council had already decided that they felt a road on the western boundary of the property was the best route for the access, and Council is merely requesting an easement from them. There was discussion of going to bond and purchasing the pro- perty if that is what the people want. This would have to be put before the vote of the people. MOTION: Councilman Jennings moved that the City submit a formal request to the school board for an easement on the westerly portion of the school property in the amount necessary for the construction of the proposed roadway. The motion was seconded by Councilman Donohoo. Mayor Mitchell stated that he was not in favor of the motion. He felt that it is the Council's responsibility to decide where a street will or will not be and that the motion made was placing the responsibility on the school board. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 22, 1972 Page Four The motion carried with Mayor Mitchell voting no. MOTION: Mayor Mitchell moved that Staff be directed to contact a bond counsel to determine the costs that would be involved in placing this matter on a ballot for a decision by the voter as to whether the voters would like to vote a bond issue to purchase this pro- perty, including the property owned by American/West. The motion was seconded by Councilman Jennings. Further discussion ensued. It was noted that all that was being requested was to find out the costs involved in bringing the matter to a vote. The motion carried on the following roll call vote: AYES: Councilmen Jennings, Keiser, McConaghay and Mayor Mitchell NOES: Councilman Donohoo MOTION: Councilman McConaghay moved that Staff be directed to investigate the possibility of obtaining federal funds to purchase this property. The motion was seconded by Mayor Mitchell and unanimously carried. UNFINISHED BUSINESS B-1 ORDINANCE NO. 104. Rezoning of portions of Main Street (second reading MOTION: Councilman Donohoo moved that Ordinance No. 104 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Ordinance No. 104 by title only. MOTION: Councilman Donohoo moved that Ordinance No. 104 be adopted and that this constitute the second and final reading of this ord- inance. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. B-2 RESOLUTION NO. 44-72. Resolution approving assignment of Lease Site No. 29 - Pierpoint to Brebes MOTION: Mayor Mitchell moved that Resolution No. 44-72 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution No. 44-72 by title only. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 22, 1972 Page Five MOTION: Councilman Donohoo moved for the adoption of Resolution No. 44-72. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. B-3 RESOLUTION NO. 45-72. Resolution approving assignment of Lease Site No. 29: Brebes to Brebes Ocean House MOTION: Councilman Donohoo moved that Resolution No. 45-72 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 45-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 45-72. The motion was seconded by Councilman McConaghay and unanimously carried by -roll call vote. B-4 RESOLUTION NO. 46-72. Resolution approving assignment of Lease Site No. 18; Brebes to Baier and Myers Mr. LeSage, City Attorney, stated that there was some difficulty centered around paragraph three of the resolution. This paragraph states that "Consent of Council is given to the conditional re- assignment of said lease to assignors Frank and Naomi L. Brebes, as security for the unpaid balance of all sums due by assignees to assignors." Mr. LeSage stated that this provision places on the Council the responsibility of determining whether or not there has been a default in the assignment and that, in the event the Council does make a decision and it is not a right one, the City could get in- volbed in a suit. He advised that the Council approve the resolu- tion deleting paragraph three. MOTION: Councilman Jennings moved that Resolution No. 46-72 be amended by deleting paragraph three. The motion was seconded by Mayor Mitchell and unanimously carried. MOTION: Councilman McConaghay moved that Resolution No. 46-72 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution No. 46-72 by title only. MOTION: Councilman McConaghay moved for the adoption of Resolution No. 46-72. The motion was seconded by Councilman Jennings and unanimously carried. B-5 Resolution accepting deed of trust from Powers -Wells, Inc. and authorizing recordation. Mr. Little stated that a letter had been received from Mr. Wells stating that he would prefer to post a cash bond in lieu of the MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 22, 1972 Page Six performance bond that has been written. The Council had offered this option to him earlier and he now wished to take advantage of it. The proposed resolution for this item is, therefore, un- necessary. MOTION: Councilman Donohoo moved that Council agree to the proposal as set forth in the letter from Powers -Wells, Inc. dated May 18, 1972, and instruct the City Attorney to negotiate the the matter with them. The motion was seconded by Councilman Jennings and unanimously carried. B-6 Award contract - Priority No. 2, Morro Palms Shopping Center Mr. Little stated that this one portion of Priority No. 2 exceeded the sum of $3,500, which is the maximum amount whereby the City is•permitted to award contracts without going to formal bid; the project was advertized for bids. The Council was informed that no bids were received for this project and that the Government Code states that in this case, the project can be done without further compliance with the Code. This means informal quotes will be sent out as with previous phases of this project. MOTION: Mayor Mitchell moved that Staff be authorized to continue with this project by obtaining informal quotations and thereby awarding the bid. The motion was seconded by Council- man Jennings and unanimously carried. NEW BUSINESS C-1 Letter from Planning Commission regarding property acquisition Mayor Mitchell stated that the letter from Ned Rogoway written on behalf of the Planning Commission pertains to the Council action regarding the purchase of the police department building. The Commission is concerned because this matter was not referred to them for recommendation as required by the Government Code. Mayor Mitchell stated that, as indicated by the City Attorney, this was not necessary because the occupancy of the building did not change, merely the form of occupancy being from lease to owner- ship. MOTION: Councilman Donohoo moved that a letter be directed to the Planning Commission indicating the basis on which the City Council acted with respect to the police department building without prior clearance through their body. The motion was seconded - by Councilman Jennings and unanimously carried. I Mayor Mitchell read the memo from the'City Administrator re- commending that the Council direct that the Planning Commission be MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 22, 1972 Page Seven advised of the interest of the City Council in acquiring the parcel of property east of City Hall fronting on Harbor Street from Morro Palms Shopping Center and requesting that they forward their comments and recommendations prior to June 26, 1972. MOTION: Councilman Donohoo moved that Council direct that the Planning Commission be advised of the interest of, the City Council in acquiring the parcel of property east of City Hall fronting Harbor Street from Morro Palms Shopping Center and request that they forward their comments and recommendations. The motion was seconded by Mayor Mitchell. Councilman McConaghay suggested that the motion be amended to state that these comments be forwarded by June 26, 1972. Councilman Donohoo amended his motion to indicate that the comments and recommen- dations of the Planning Commission be forwarded to Council by June 26, 1972. The amendment was accepted by Mayor Mitchell and unanimously carried. C-2 Request from Frank and Rita Abruscato for hearing regarding change in taxicab rates Mayor Mitchell read the letter from Mr. Abruscato requesting the increase in rates and also some additions in a memo from Mr. Little requested by Mr. Abruscato at a later date than that on which the letter was written. Mr. Abruscato was present to explain the need for increase. It was established that his rates would be the same as the ones being charged in San Luis Obispo now. It was noted that according to Ordinance No. 5, an ordinance regulating the operation of taxicabs, it is necessary to advise all taxicab operators at least five days in advance of any hearing regarding their regulation. Since Mr. Abruscato holds the franchise on taxicabs in Morro Bay, it was not necessary to notify anyone else and the Council could make a determination regarding his request at this time. MOTION: Mayor Mitchell moved that Council approve the increase as requested by Mr. Abruscato. The motion was seconded by Councilman Donohoo and unanimously carried. C-3 Diablo Canyon Desalted Water - Request of Public Works for resolution It was established that the resolution proposed would in no way bind the City as far as obtaining water is concerned. It merely stated that the City is interested in the desalted water as a possible means for Morro Bay to obtain supplemental water in the future. MOTION: Councilman Keiser moved that a proposed resolution be drafted and presented to MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 22, 1972 Page Eight Council at their next meeting regarding the desalted water at Diablo Canyon. The motion was seconded by Councilman Donohoo and unanimously carried. Comments were heard by Mrs. Walling and Mrs. Bell regarding the possible detriments of obtaining this water. RECESS 9:09 P.M. RECONVENED 9:20 p.m. C=4 Request for resolution by International Conference of Building Officials Mayor Mitchell stated that the Council was in receipt of a letter from T. H. Carter, Executive Director of the International Conference of Building Officials requesting cities to adopt a resolution protesting the pre-emption of home rule in building code enforcement matters by federal agencies. Mr. Little stated that Mr. Thomas, Planning and Building Superintendent was concerned because this would mean that the federal government could come to a city with their low income housing projects and inferior mat- erials and the City would be obligated to let them construct. Mr. Little read the proposed resolution in its entirety. RESOLUTION NO. 47-72. Resolution opposing the pre-empting of home rule by federal agencies MOTION: Councilman Donohoo moved for the adoption of Resolution No. 47-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote.. C-5 Annexation of City owned property Mayor Mitchell stated that in a memo to the Council, the City Administrator had recommended that the Council give consideration to annexing two parcels of property. These parcels are being used for water well sites and the taxes on them are about $250 per year. If the Council agrees that they should be annexed to the City, Staff can request that they be taken off the tax rolls. MOTION: Councilman Donohoo moved that Staff be authorized to prepare a resolution to annex these parcels of property to the City of Morro Bay and that the resolution be submitted to the Council at their next regular meeting. The motion was seconded by Councilman Jennings and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council (1) Councilman Keiser stated that she was concerned about MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 22, 1972 Page Nine compliance of the Ambulance service of the conditions imposed by the Planning Commission in the Use Permit granted to Jones Ambulance Service. Apparently+ they have not complied with the condition that they build a sound -proof wall and their neighbors are concerned. Councilman Keiser feels that something needs to be done before the Ambulance service is run out of town. (2) Councilman Keiser inquired as to whether or not there is an ordinance against "BB guns" in the City. She is concerned about the number of birds being shot in town by "BB guns" and thinks something should be done about it. Councilman Donohoo stated that there was no ordinance preventing the use of "BB guns". Chief Schacht stated that the bird sanctuary ordinance prohibits the killing of birds. Mr. Little advised the Council that he would check in to the matter and report back. (3) Councilman McConaghay stated that he would be out of State for the next few weeks which means he will be un- able to attend the next regular meeting of the Council. Council- man Donohoo felt that permission should be.authorized by Council since the trip will take Councilman McConaghay out of state. MOTION: Councilman Donohoo moved that Councilman McConaghay be authorized to.leaue•the state. The motion was seconded by Mayor Mitchell and unanimously carried. (4) Councilman Jennings reported on his attendance at the League of California Cities meeting in San Diego for new mayors and city councilmen. He stated that the City of Morro . Bay is current with most of the things happening in the State. It was also noted at the meeting that there is quite an upsurge of Councilwomen in the state which was evidenced by their attendance at the meeting. (5) Councilman Jennings stated that he had been questioned regarding the Council's position in reference to camping at Morro Rock during the upcoming holidays. Council stated that they had previously taken the position that there is an ordinance against this and they intend to uphold this in the future. There will be no camping at Morro Rock. (6) Mayor Mitchell reported on the recent meeting in Ojai of the Channel Counties Division of the League of California Cities. He stated that the program consisted of speakers from various channels of the California Council'on Criminal Justice. D-2 City Attorney Mr. Leaage stated that the Pipkin unlawful detainer case was scheduled for the next day in court. D-3 City Administrator (1) Mr. Little presented the Financial Report for the period July 1, 1971 through April 30, 1972 for the consideration of the Council. 0 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 22, 1972 Page Ten MOTION: Councilman Donohoo moved for the approval of the Financial Report for the period July 1, 1971 through April 30, 1972. The motion was seconded by Councilman McConaghay and unanimously carried. (2) Mr. Little presented Transfer Voucher No. 1-2-23 in the amount of $40,127.57 for the purchase of the police department building for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of Transfer Voucher No. 1-2-23 in the amount of $40,127.57. The motion was seconded by Councilman McConaghay and unanimously carried. (3) Mr. Little informed the Council that the commissions of Mary Jean Munro and Quincy Cotting of the Parks and Recreation Commission expire on June 30, 1972, and requested direction from the Council. MOTION: Councilman Keiser moved that Staff advertise for these open positions on the Parks and Recreation Commission and that the members whose commissions are up be questioned as to whether they wish to be considered for the position again. The motion was seconded by Mayor Mitchell and unanimously carried. CORRESPONDENCE 1. Letter from the Commander of Naval Special warfare complimenting the Department of Public Works on their help when one of their units needed space in Morro Bay harbor for the night. 2. Letter and request for resolution from the City of Chino re- garding freeway logo signs. MOTION: Councilman McConaghay moved that the corres- pondence be filed. The motion was seconded by Councilman Donohoo and unanimously carried. ADJOURNMENT MOTION: Councilman McConaghay moved that the meeting be adjourned. The motion was seconded by Councilman Jennings and unanimously carried. The meeting was adjourned at 9:46 p.m. Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF ADJOURNED .SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an adjourned special meeting on Tuesday, May 16, 1972 at 4:00 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California to consider the 1972-73 budget. DATED: May 15, 1972 DALE C. MITCHELL, Mayor City of Morro Bay, California M. J IT L'E�; City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Adjourned Meeting May 16, 1972 4:00 p.m. City Hall Conference Room The meeting was called to order at 4:00 p.m. by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None 1. Sanitary Department - Budaet Account 3400 Mr. Little stated that Mr. Stuart had researched the possibility of either lease -purchasing or renting the self-contained truck mounted hydraulic sewer cleaner listed in Budget Account 3433 as a critical need. Mr. Stuart stated that he had been in touch with the Atascadero Sanitary District and had been informed that their equipment is rented out at the rate of $108 per day. This includes one man to operate the machinery and, in addition, the City would have to have one or two men also on duty to help. Mr. Stuart stated that there were -approximately fifty-five miles of sewer lines in the City. The sewer cleaner could probably clean about one half mile per day which would mean 110 working days. This would mean the City would have to pay roughly $12,000 to clean the entire sewer system. Mr. Stuart stated that he had been in contact with two companies regarding a lease -purchase plan and both were willing to work with a City on this basis. If financed through a bank, the bank could directly purchase the equipment and the city would pay the bank at a rate of 4h,8 on the unpaid balance. Mr. Little recommended the lease -purchase plan as the better of the two possibilities. MOTION: Councilman Jennings moved that Staff invest- igate the cost of the lease -purchase plan and bring figures back to Council by the regular Council• -meeting on June 12th. The motion was seconded by Councilman Keiser and unanimously carried. 2. Planning and Building - Budget Account 3900 Mr. Little stated that the first item in the Planning and Build- ing Department was that of salaries, and there were several people present to request the Council to hire a full time Planning Director for this department. Comments were heard from Jack Youngs, Robert Torrey and Bill Duke who read a letter from Chamber of Commerce president, Mike Ronan, on behalf of the Chamber supporting the request for a full time planning director. They expressed the feeling that the City needed someone to devote all their time to the City and also, that Mr. Thomas, Planning and Building Superintendent,was in need of help as his work load is tremendous. Mr. Thomas supported the fact that he needed help in his depart- MINUTES - MORRO BAY CITY Special Adjourned Meeting Page Two COUNCIL May 16, 1972 ment and would prefer someone to take over planning duties so that he could devote his time to building. Mr. Little stated that the planning work in this department was not being done thoroughly because there simply was not enough time to do it. MOTION: Councilman Donohoo moved that Council include the figure of $10,000 in addition to the $2,700 already set in Budget Account 3915 and that Staff be authorized to advertize for a planning director. The motion was seconded by Council- man Jennings. Lengthy discussion ensued centered around the type of man they wanted for this position and the qualifications necessary. MOTION: Councilman Donohoo amended his motion to read that the Council include the figure of $10,000 in addition to the $2,700 already incorporated in Budget Account 3915. Councilman Jennings accepted the amendment and the motion was un- animously carried.. MOTION: Councilman McConaghay moved for the approval of Budget Account 3900 in the amount of $36,127 with the exception of salary schedules. The motion was seconded by Councilman,Jennings and unanimously carried. 3. Street Lighting - Budget Account 4000 MOTION: Councilman Jennings moved for approval of Budget Account 4000 in the amount,of $30,000. The motion was seconded by Councilman Keiser and unanimously carried. 4. Finance Department - Budget Account 1500 MOTION: Councilman Donohoo moved for approval of Budget Account 1500 in the amount of $36,859 with the exception of salary schedules. The motion was seconded by Councilman Jennings and unanimously carried. 5. Planning Commission - Budget Account 1600 MOTION: Councilman Donohoo moved for approval of Budget Account 1600 in the amount of $1,750. The motion was seconded by Councilman McConaghay and unanimously carried. 6. General Services - Budget Account 2200 MOTION: Councilman Donohoo moved for approval of Budget Account 2200 in the amount of $56,224. The motion was seconded by Councilman Jennings and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Special Adjourned Meeting May 16, 1972 Page Three 7. Animal Regulation - Budget Account 2700 MOTION: Councilman Donohoo moved for approval of Budget Account 2700 in the amount of $5,030. The motion was seconded by Councilman Jennings and unanimously carried. 8. Civil Defense - Budget Account 2800 MOTION: Councilman Jennings moved for approval of Budget Account 2800 in the amount of $100. The motion was seconded by Councilman Donohoo and unanimously carried. 9. School Crossing Guard - Budget Account 2900 Discussion was held regarding the salary of the crossing guard. It was decided that a raise would be in order from $2.25 per hour to $2.50 per hour. MOTION: Councilman Donohoo moved that the salary of the school crossing guard be raised from $2.25 per hour to $2.50 per hour and that Budget Account 2900 be approved on that basis. The motion was seconded by Councilman Keiser and unanimously carried. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting adjourned at 5:05 p.m. Recorded by: M. J. LITTLE By: Ardith Davis Deputy Clerk 4 0 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Saturday, May 13, 1972, at 8:00 a.m. in the Conference Room at City Hall, 595 Harbor Street, Morro Bay, California to consider the proposed 1972-73 budget. DATED: May 9, 1972 DALE C. MITCHELL, Mayor City of Morro Bay, California Byv%G'G \7 M. J. LITTLE, City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 13, 1972 8:00 a.m. City Hall Conference Room The meeting was called to order at 8:00 a.m. for the purpose of reviewing the proposed budget for 1972-73 fiscal year. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, McConaghay and Mayor Mitchell ABSENT: Councilman Keiser 1. Fire Department - Budaet Account 2600 Mr. Little explained that Chief Rieger had requested four additional personnel which had been deleted by Staff. Mr. Little proceeded to aquaint Council with the budget requests for this department. Councilman Keiser was present at 8:12 a.m. It was decided that an extra $160.00 was needed for the black - topping of the back yard and training area at the Fire Department. Also, Council felt that the Fire Department should be allowed $25.00 for helmets for the Explorer Post Personnel bringing the department budget up to a total of $137,262. MOTION: Councilman Donohoo moved that Budget Account 2600 in the amount of $137,262 be approved with the exception of salary schedules. The motion was seconded by Mayor Mitchell and unanimously carried. 2. Police Department - Budget Account 2500 There was some discussion regarding the wages of policewomen; also, of the needed repairs and remodeling of the Police Department building now owned by the City. MOTION: Councilman Donohoo moved for the approval of the Budget Account 2500 in the amount of $223,119 with the exception of salary schedules. The motion was seconded by Councilman Jennings and unanimously carried. 3. City Council - Budget Account 1000 MOTION: Councilman Donohoo moved for the adoption of Budget Account 1000 in the amount of $10,644. The motion was seconded by Council- man Jennings and unanimously carried. 4. City Administrator - Budaet Account 1100 MOTION: Councilman Jennings moved for the approval of Budget Account 1100 in the amount of $43,140 with the exception of salary schedules. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 13, 1972 Page Two 5. Legal Department - Budget Account 1400 MOTION: Councilman Jennings moved for the approval of Budget Account 1400 in the amount of $12,200. The motion was seconded by Mayor Mitchell and unanimously carried. 6. Recreation Department - Budget Account 2300 Mayor Mitchell stated that he would abstain from discussion and decisions regarding this department because of a conflict of interest. He asked Councilman Donohoo to chair the meeting. Lengthy discussion was held relative to Recreation Department salaries and the possibility of retaining Mrs. George as a full- time director. It was felt by Mrs. George when preparing her requests that she had to choose which was more important; initiating more programs or implementing a full time director. She and the Parks and Recreation Commission had decided that additional programs were more important than having a full time director. Councilman Keiser felt very strongly that the Department needed a full time director and made the following motion: MOTION: Councilman Keiser moved that a full time Recreation Director be authorized for the 1972-73 fiscal year. The motion died for lack of a second. MOTION: Councilman McConaghay moved that the re- commendations of the Recreation Commission be accepted. Further discussion ensued. Councilman McConaghay withdrew his motion. MOTION: Councilman McConaghay moved that Page 73 of the Departmental Budget Requests and Staff Recommendations be approved with the following modifications: Recreation Director salary be increased to $5,592 and Supervisor of Summer Playgrounds be increased to $1,855. The motion was seconded by Councilman Donohoo. It was noted that the Department total would be $17,785 which is a $1,685 increase. The motion was unanimously carried with Mayor Mitchell abstaining. There was some lengthy discussion surrounding the involvement of the Recreation Director in permanent employee benefits; i.e. Public Employees Retirement System and health insurance. MOTION: Councilman Jennings moved that the Recreation Director be covered by Public Employees Retirement System subject to the findings of MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 13, 1972 Page Three the City Administrator regarding Public Employees Retirement System laws involving part-time employees. The motion was seconded by Councilman Keiser and unanimously carried with Mayor Mitchell abstaining. It was decided that the health insurance benefit would be reserved for strictly full time employees. MOTION: Councilman Donohoo moved for the approval of Budget Account 2300 in the amount of $19,675 with the exception of Public Employees Retirement System benefits to be added. The motion was seconded by Councilman McConaghay and unanimously carried with Mayor Mitchell abstaining. Mayor Mitchell re -assumed chairmanship of the meeting. RECESS 10:45 a.m. RECONVENED 10:55 a.m. 7. Community Promotion - Budget Account 1900 Mike Ronan, Chamber of Commerce president, was present to represent the Chamber's views of their proposed budget. He informed the Council that, subsequent to Chamber secretary, Gloria Zanetti's, resignation, the Chamber had decided that they could hire a secretary for quite a bit less than the $7,190 proposed in their budget and their total request from the City should come to roughly $20,000. In addition, they were asking for $7,700.for City brochures should they ultimately decide on one that would benefit the whole City. Lengthy discussion regarding the brochures ensued. The Council went over, with Chamber president, Mike Ronan, each item in the Chamber's budget. Comments were heard from Ted Roberts, Lois Rowland, Betty Sansome and Chamber Director, Bill Duke. The Chamber of Commerce felt that it would profit the City, as well as the Chamber, if the Council allocated twenty percent of the revenue received from the motel bed tax to the Chamber. They stated that it would act as an initiative to the Chamber to bring more people into town to fill the rooms. MOTION: Mayor Mitchell moved that the City allocate an amount equal to twenty percent of the bed tax revenue to the Chamber of Commerce and this to be based upon the amount received from each preceeding quarter. The motion was seconded by Councilman Donohoo. It was noted that this should include the final quarterly pay- ment which is due after the beginning of the fiscal year. Mayor Mitchell amended his motion to include the last quarterly payment due to the Chamber after the first of the fiscal year. Council- man Donohoo accepted the amendment. The motion was carried unanimously by roll call vote. E MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 13, 1972 Page Four Council informed the Chamber that, funds for the brochures,, they would have time and see what could be done. regarding their request for to approach Council at that MOTION: Councilman Donohoo moved for approval of $2,000 for Christmas lights in Budget Account 1900. The motion was seconded by Council- man Jennings and unanimously carried. MOTION: Councilman Donohoo moved that the meeting recess until 1:45 p.m. for lunch. The motion was seconded by Councilman Jennings and unanimously carried. RECESS 12:45 RECONVENED 1:45 8. General Government Buildings - Budget Account 1800 MOTION: Councilman Donohoo moved for the approval of Budget Account 1800 in the amount of $26,155 with the exception of salary schedules. The motion was seconded by Councilman Jennings and unanimously carried. 9. Engineering and Administration - Budget Account 3000 MOTION: Councilman Donohoo moved for the approval of Budget Account 3000 in the amount of $62,682 with the exception of salary schedules. The motion was seconded by Councilman Jennings and unanimously carried. 10. Parking Facilities - Budget Account 3100 MOTION: Councilman Donohoo moved for the approval of Budget Account 3100 in the amount of $400. The motion was seconded by Council- man McConaghay and unanimously carried. 11. Storm Drains - Budget Account 3200 Mr. Little stated that the original amount requested in this department was an additional $23,100 for the construction of storm drainage facilities to accomodate storm water run off as a result of the improvements in Improvement District No. 6. Staff had deleted this item from this budget to see how badly they were needed. Mr. Little felt sure they could do without them for at least one year. MOTION: Councilman McConaghay moved for the approval of Budget Account 3200 in the amount of $1,000. The motion was seconded by Council- man Jennings and unanimously carried. 12. Street Construction and Maintenance - Budget Account 3300 There was lengthy discussion regarding a bike road through the City. Mr. Stuart had originally set $900 to start this project, • MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 13, 1972 Page Five but was concerned about the liability of such a road. It was decided that the City should allow for the purchase of bike racks in the downtown area of Morro Bay and request the City Attorney to report on liability requirements in the event of an accident should the Council decide to establish a bike route through the City. MOTION: Councilman Jennings moved that the amount to be incorporated into Budget Account 3332 be $350 for two bike racks. The motion was seconded by Mayor Mitchell and unani- mously carried. Doug Stuart reported on a different type of asphaltic surfacing that he wished to try on the Embarcadero area requested in Budget Account 3335. It is called slurry seal and is quite a bit cheaper than the asphaltic blanket they have used previously. He felt the project could be accomplished for $2,700 which means the amount requested in Budget Account 3335 could be seduced by $7,800. MOTION: Councilman McConaghay moved for the approval of Budget Account 3300 in the amount of $73,695 with the exception of salary schedules. The motion was seconded by Councilman Donohoo and unanimously carried. 13. Sanitary - Budget Account 3400 There was some discussion regarding a chlorine leak detector device which was disallowed by Staff when incorporating the suggested amounts into the budget. Councilman McConaghay felt that this item was a very important one. MOTION: Councilman McConaghay moved that a chlorine leak detector be included in the budget account 3432. The motion was seconded by Councilman Keiser and failed to pass on the following vote: AYES: Councilmen McConaghay and Keiser NOES: Councilman Donohoo, Jennings and Mayor Mitchell Mr. Stuart had requested a self-contained truck mounted hydraulic sewer cleaner in Budget Account 3433 which had been disallowed by Staff but which was recognized as a critical need. Councilman McConaghay suggested holding off on this matter and having Staff investigate the possibility of lease purchase or renting the equip- ment from another city. MOTION: Councilman McConaghay moved for the approval of Budget Account 3400 with the exception of salary schedules. The motion was seconded by Councilman Donohoo and unanimously carried. RECESS 3:45 p.m. RECONVENED 3:48 p.m. MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 13, 1972 Page Six 14. Water Department - Budget Account 3600 MOTION: Councilman Donohoo moved for the approval of Budget Account 3600 in the amount of $118,930 with the exception of salary schedules. The motion was seconded by Councilman Jennings and unanimously carried. 15. Harbor Department - Budget Account 3700 MOTION: Councilman Jennings moved for the approval of Budget Account 3700 in the amount of $39,692 with the exception of salary schedules. The motion was seconded by Councilman Donohoo and unanimously carried. 16. Parks and Playgrounds - Budget Account 3800 MOTION: Mayor Mitchell moved for approval of Budget Account 3800 in the amount of $32,848 with the exception of salary schedules. The motion was seconded by Councilman Donohoo and unanimously carried. MOTION: Councilman Donohoo moved that the meeting be adjourned to 4:00 p.m. on Tuesday, May 16, 1972 in the City Hall Conference Room. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting was adjourned at 4:55 p.m. Recorded by: M. J. LITTLE, City Clerk 0(C�JCrn� By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING May 8, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of April 24, 1972 HEARINGS, APPEARANCES AND REPORTS A-1 Public hearing regarding rezoning along Main Street A-2 Public hearing regarding Improvement District No. 6 A-3 Report from Councilman Donohoo on State legislative matters,. UNFINISHED BUSINESS B-1 Response to letter from San Luis Coastal Unified School District regarding proposed beach front road through school property B-2 Submission of preliminary budget B-3 Request for authorization to submit City floating dock proposals to Corps of Engineers for approval. B-4 Al Chauvet claim for damages B-5 Claim for property damage and person injuries from attorney Ray Gallo representing A. W. Gardner B-6 Resolution approving grant of use permit to Chamber of Commerce for carnival B-7 Resolution granting use permit to Morro Bay Cub Scouts for soap box derby B-8 Resolution authorizing agreement with State for traffic operations program to increase capacity and safety B-9 Resolution approving an agreement with Lampman and Associates for TOPIC study B-10 Resolution approving amendment to lease with Carver for Lease Sites No. 110W, 111W, and 112W NEW BUSINESS C-1 Memo from Director of Public Works regarding water levels and well conditions INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public healing on Monday, May 8, 1972, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the preposed rezoning of the area shown on the accompanying map, Main Street between State Highway #41 and Logan Street, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against or in modification of said recommendation. DATED: April 25, 1972 M. . LI City of REMP=WAN TTLE, City Clerk Morro Bay, California RI-S1 to R4-S9 CH-S8 to C1-S9 M-1 to P.D. NO CHANGE — NO CHANGE NO CHANGE 2 1 U NO CHANGE CH-S8 to C1-S9 NO CHANGE MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 8, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Wood of the Assembly of God Church gave the invocation. ROLL CALL PRESENT: Councilman Donohoo, Mayor Mitchell ABSENT: None MINUTES Jennings, Keiser, McConaghay and The minutes of the regular meeting of April 24, 1972, were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved. The motion was seconded by Councilman Keiser and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 ORDINANCE NO. 104. Public Hearing regarding rezoning along Main Street Mayor Mitchell stated that a proposed ordinance had been prepared subsequent to the Council's receipt of a resolution from the Planning Commission requesting certain changes in the Zoning Ordinance. The Mayor asked Mr. Rogoway, Planning Director, to review the proposed changes for the benefit of the Council. Mr. Rogoway, referring to a map, pointed out the proposed changes and explained why the Planning Commission recommended them. Mayor Mitchell declared the public hearing open at 7:46 p He asked for presentations from property owners regarding the proposed changes, and, as there were none, closed the hearing 7:47 p.m. MOTION: Councilman Donohoo moved that the map attached to the proposed ordinance be corrected to reflect that the area generally south of Hill Street be changed from CH-S8 to Cl-S8 rather than Cl-S9. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Ordinance No. 104 in its entirety. MOTION: Councilman Donohoo moved that this constitute the first reading of Ordinance No. 104. The motion was seconded by Councilman McConaghay and unanimously carried. A=2 Public Hearing regarding Improvement District No. 6 M. at MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 8, 1972 Page Two Mayor Mitchell explained that this hearing was being held as a result of amended assessments after having received bids from contractors which were higher than the Engineer's estimate. Pro- perty owners had been notified and could protest, at this time, the assessments or improvements. Mr. Ness, bond counsel, and Mr. Taylor, engineer, were present to offer comments. Mr. Taylor gave a general description of the improvements and presented a map showing, in red, the property where owners had protested the assessments in writing. The per- centage of protests received in writing was. 3.9%. Subsequent to Mr. Taylor's summary of the district, there was a lengthy discussion regarding the width of the streets with comments heard from property owners Mr. Lewis, Mr. Truelove, Mr. Bryson, Mr. Pierce, Mr. Dixon and Miss Smoak. They stated that they were under the impression that the streets were to be a width of at least 24 feet; but had since found out that some of the streets would be 18, 20 and 22 feet wide. They did not feel that this was an acceptable width for streets. Mary C. Phillips made comments on the effects some of these improvements might have on various property, including hers, which is not in the improvement district. She felt that there was a possibility of faults in the land in the district and requested the Council to contact the United States Geological Survey people to investigate this. Councilman Jennings suggested that Staff write to the Geological Survey and request them to investigate the Improvement District No. 6 area for faults and advise Mrs. Phillips of their reply. Council concurred. Information was requested from Mr. Taylor on why the streets were narrowed after the property owners had been originally informed that they would be at least 24 feet. Mr. Taylor stated that before the Debt Limit Report, the engineers gave the property owners an estimate on the plans so that they would know approximately what they were getting. After they got into the actual engineering of the project, they found that it was impractical to have the streets that wide. Mr. Garing, Mr. Taylor's partner, gave the particulars on the decisions made at that time, the narrow width being required basically by the terrain. Mayor Mitchell asked Mr. Ness what would be in order at this time. Mr. Ness stated that Mr. Taylor should have a meeting with Staff and some of the property owners and determine what, if any- thing could be done with the width of the street, and, if it could be done within the allowance of the present bids. If not, the present bids would have to be rejected, the project re -engineered and proceedings repeated. In any event, the hearing should be continued for two weeks. MOTION: Mayor Mitchell moved that the hearing on Improvement District No. 6 be continued until the next regular meeting of the Council on May 22, 1972. The motion was seconded by Councilman Donohoo. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 8, 1972 Page Three Mr. Little stated that Mr. Dallaston, appointed by the Council as right-of-way agent, was present to give a report to the Council on his efforts to obtain easements from property owners for sewer lines. Mr. Dallaston stated that he was having some problems obtaining these easements, basically because some of the people live out of town. Having requested the easements from the property owners, some simply do not reply, and others state that if the easement is not needed for their improvements, they refuse to grant one. He has received approximately 50% of the authorizations needed for easements. If property owners refuse to grant the easements, condemnation proceedings are taken. Mr. LeSage stated that if condemnation, proceedings are taken, it would mean the suit of about .forty-one ;people. The motion was unanimously carried. MOTION: Mayor Mitchell moved that the engineer be instructed to proceed with determining as closely as possible, the costs involved with increasing road widths to twenty-four feet. The motion was seconded by Council- man Jennings and unanimously carried. It was decided there would be a meeting of the city engineer, Staff, and some of the original committee to form Improvement District No. 6, and that the meeting would be held on May 12th, at 1:00 p.m. in the City Hall Conference Room. Purpose of the meeting would be to study the matter of street widths. RECESS 9:20 p.m. RECONVENED 9:30 p.m. A-3 Report from Councilman Donohoo on State legislative matters Council was in receipt of a report from Councilman Donohoo bringing them up to date on legislative matters affecting cities. Councilman Donohoo stated that if Council had any questions, he would be glad to answer them. UNFINISHED BUSINESS B-1 Response to letter from San Luis Coastal Unified School District Mayor Mitchell wentover the questions -from the school district and proposed answers from Staff regarding the north -south road on the westerly boundary of the proposed American/West recreational vehicle park. Council felt that the answers presented by Staff very well answered the questions and agreed that they should be presented to the school board. MOTION: Mayor Mitchell moved that the answers, as written, be submitted to the school board as response to their questions. The motion was seconded by Councilman Donohoo and un- animously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 8, 1972 Page Four Reverend Cooney, representative of the Liason Committee, in- formed the Council of a petition they had been circulating urging the school board not to grant the easement required in order for this road to be constructed. He stated that they were concerned with it only insofar as it affects the school, and proceeded to outline their reasons. He said that they had obtained a total of 2,358 signatures in one week. Those speaking out against the proposed road on the western boundary of the American/West property were Mr. Hugh Case, Mr. Meacham, Mrs. McGuire, Mr. Kevin Heffner, Mr. Joseph Giannini and Mr. McGonagill. Mr. Meacham, a Morro Bay High School teacher, informed the Council that at a meeting of the faculty, they had unanimously opposed the construction of this road. Mr. Dean Opperman, Associated Student Body President, spoke in favor of the road and stated he represented some students at Morro Bay High School who were also in favor of it and stated his reasons. There was lengthy discussion regarding this matter. Council- man Keiser suggested that if the people did not want to see develop- ment in this area, they should attempt to purchase this property. Mrs. Harriet Holman, also a member of .the Liason Committee, requested some response from the Council regarding the petition. Mayor Mitchell stated that the only item on the agenda was the answering of the questions of the school board. They could not take action on anything else at this time. B=2 Submission of preliminary budget Mayor Mitchell stated that Council was in receipt of the pre- liminary budget as well as the departmental budget requests and Staff recommendations. He suggested that Council set May 13, 1972 as the date to hold budget hearings. MOTION: Councilman Donohoo moved that May 13, 1972 at 8:00 a.m. be set as the date to hold budget hearings in the City Hall Conference Room. The motion was seconded by Council- man Jennings and unanimously carried. B_3 Request for authorization to submit City floating dock proposals to Corps of Engineers for approval Mr. Little.stated that this would include Lease Sites No. 27 and 28 and Dunes Street end. Mr. Gunther is the current holder of Lease Site No. 28 which expires in April, 1973, and is concerned because the Council is contemplating this action. Mr. Little sug- gested excluding the proposals for Lease Site No. 28 from their authorization. MOTION: Councilman Jennings moved that Staff be authorized to submit floating dock pro- posals to the Corps of Engineers for approval for Lease Site No. 27 and Dunes • 10 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 8, 1972 Page Five Street end. The motion was seconded by Mayor Mitchell. Mr. Gunther was present and requested that the Council post- pone the entire authorization for two weeks as he wished to make another proposal to the Council for his lease site as well as the one next to it at the next Council meeting. The motion was carried with Mayor Mitchell voting no. B-4 Mr. Al Chauvet claim for damages Mayor Mitchell stated that at the last Council meeting, Staff had been instructed to look into the matter of Mr. Chauvet's claim. Mr. Chauvet had felt that, as a result of a portion of Main Street being constructed to pass in front of his property several years ago, his property value had gone down. This is due to the traffic noise outside his windows and the hazard of entering and leaving his residence. Mr. Little stated that there is a small strip of property along side Mr. Chauvet's that the City could abandon and the strip is large enough to construct a wall or some bushes to alleviate the noise problem. MOTION: Mayor Mitchell moved that Staff initiate the appropriate proceedings to abandon this portion of property on Main Street. The motion was seconded by Councilman Jennings and unanimously carried. B-5 Claim for property damage and personal injuries from attorney Ray Gallo representing A. W. Gardner Mayor Mitchell stated that this was an amended claim for pro- perty damage and personal injuries. The Council had previously denied this claim from Mr. Gardner and the amended claim added $50,000.00 for general damages including infliction of mental anguish and distress upon the claimants. MOTION: Councilman Donohoo moved that the amended claim of A. W. Gardner be denied. The motion was seconded by Councilman Jennings and unanimously carried. B-6 RESOLUTION NO. 36-72. Resolution approving grant of use permit to Chamber of Commerce for carnival Mayor Mitchell stated that this use had been granted at the previous Council meeting and Council had before them the documents to approve this use. MOTION: Councilman Donohoo moved that Resolution No. 36-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 36-72 by title only. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 8, 1972 Page Six MOTION: Councilman Donohoo moved for the adoption of Resolution No. 36-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. B=7 RESOLUTION NO. 37-72. Resolution granting use permit to Morro Bay Cub Scouts for soap box derby Mayor Mitchell stated that this was also authorized by Council at the last regular meeting. MOTION: Councilman Donohoo moved that Resolution No. 37-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 37-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 37-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote., B-8 RESOLUTION NO. 38-72. Resolution authorizing agreement with State for traffic operations program to increase capacity and safety. MOTION: Councilman Donohoo moved that Resolution No. 38-72 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 38-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 38-72. The motion was seconded by Councilman McConaghay and unani- mously carried by roll call vote. B-9 RESOLUTION NO. 39-72. Resolution approving an agreement with Lampman and Associates for TOPIC Study MOTION: Councilman Donohoo moved that Resolution No. 39-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 39-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 39-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. B=10 RESOLUTION NO. 40-72. Resolution approving amendment to lease with Carver For Lease Sites No. 110W, 111W, and 112W Mayor Mitchell stated that these documents had been prepared on direction of Council which allows for a one year extension of u MINUTES - MORRO BAY Regular Meeting May Page Seven CITY COUNCIL 8, 1972 time to comply with lease requirements for the Estate of Laurance F. Carver. MOTION: Councilman Donohoo moved that Resolution No. 40-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 40-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 40-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. NEW BUSINESS C-1 Memo from Director of Public Works regarding water levels and well conditions Mr. Stuart summarized his report regarding water levels and well conditions and stated that while there was no reason to be alarmed at this point, he did feel that the City should be concerned. He will continue to keep the Council appraised of the situation. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser stated that she had been informed by the Fire Fighters Association that they were awaiting structural recommendations from the Building Department in order to construct their fish cleaning facility at the launching ramp. Mr. Little stated that he would check with the Building Department and find out what the status was on this project. (2) Councilman Keiser stated that she had recieved a call from Mr. Robert Cronin informing her that the ships off the coast of Morro Bay were creating quite a bit of pollution. He had viewed clouds of black smoke rising from them on several occasions. Mr. Little stated that these ships were not within the City limits and he usually referred people complaining about the pollution by them to the County Health Department. It was suggested that Staff communicate with the Air Pollution Control Board and see if something could be done about this. (3) Councilman Keiser requested information on the status of the mini -bike park trails. Mr. Little stated that he had forwarded the regulations that Pacific Gas and Electric Company had set if the City is to use their property for this purpose to Mrs. Shirley Fisher, Highway Safety Committee secretary, and she is going to take it up with the Parent -Teachers Association to find out exactly how they want this park arranged. (4) Councilman McConaghay was concerned about the continuous allegations of Mrs. Mary Phillips and thought that some- MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 8, 1972 Page Eight thing should be done about her. Mr. Little stated that numerous people have tried to help her and find out what is wrong with her property, and nothing, that is the fault of anyone, can be found. (5) Councilman Jennings requested permission to attend the League of California Cities meeting for new mayors and city councilmen in San Diego May 18 and 19, 1972. MOTION: Councilman Keiser moved that permission be granted for Councilman Jennings to attend the meeting in San Diego May 18 and 19, 1972. The motion was seconded by Councilman Donohoo and unanimously carried. D-2 City Attorney (1) Mr. LeSage reported on May Pipkin's unlawful detainer case and stated that the attorneys for Mrs. Pipkin have filed a series of motions for May 15, 1972. D-3 City Administrator (1) Mr. Little stated that the Council had received an invi- tation to attend the dedication of the 1970 Wastewater Treatment Plant additions in Paso Robles May 19, 1972. (2) Mr. Little presented the Expenditure Report for the period April 16 through 30, 1972, for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period April 16 through 30, 1972.The motion was seconded by Councilman McConaghay and unani- mously carried. (3) Mr. Little asked the Council which members would be attend- ing the League of California Cities meeting in Ojai May 19th. He wished to make reservations. Councilman Keiser, Donohoo and Mayor Mitchell indicated they would attend with Mayor Mitchell requesting a reservation for his wife. CORRESPONDENCE 1. Letter from the Sierra Club opposing the proposed American/West road on the western portion of their boundary. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Council- man McConaghay and unanimously carried. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting was adjourned at 11:31 p.m. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 8, 1972 Page Nine Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk 0 4 IAdded CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING April 24, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of April 10, 1972 2. Minutes of the regular meeting of April 18, 1972 HEARINGS, APPEARANCES, AND REPORTS A-1 Appearance of representative from Chamber of Commerce to submit quarterly report A-2 Appearance of Al Chauvet regarding damage to property A-3 Report on cost of acquiring additional property for civic center UNFINISHED BUSINESS B-1 Review of letter from San Luis Obispo Unified School District regarding beachfront road B-2 Letter from American West concerning access to proposed trailer park B-3 Resolution accepting deed from John and Geraldine Fox for police department building B-4 Resolution approving amendment to lease with James P. Eddy for Lease Sites No. 90 and 90W B-5 Revision of Budget Calendar B-6 Resolution authorizing the City Clerk to sign required local, State, and Federal Documents required in application for grants for Trickling Filter modification at Sewer Treatment Plant B-7 Assigning a name and number to adopted ordinance NEW BUSINESS C-1 Request of Clayton Scovell for permission to use lease property to hold Little League Pancake Breakfast C-2 Resolution designating use of 1971-72 and 1972-73 TOPICS allocation, C-3 Resolution approving assignment of Lease Site No. 21 - Upte, Inc. to Gunther C-4 Resolution approving assignment of Lease Site No. 22 - Upte, Inc. to Gunther C-5 Resolution No. 3-72 of the Morro Bay Planning Commission recommending amendment to Section 5103.2 of the zoning ordin- ance - Set date for public hearing C-6 Request of Chamber of Commerce to use City property for a carnival C-7 Request of Cub Scouts for use of City street for Soap Box Derby events C-8 Consideration of Council committees C-9 Memo from Police Chief regarding "no camping" and "no parking" signs in Morro Rock and Morro Dunes Trailer Park area INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 24, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Councilman McConaghay gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Mayor Mitchell. ABSENT: None MINUTES Jennings, Keiser, McConaghay and The minutes of the regular meeting of April 10, 1972 and April 18, 1972, were considered by the Council. Councilman Keiser noted that in page one of the minutes of April 18, 1972, it states that Councilman Keiser was "present". This word should be changed to read "absent". MOTION: Councilman McConaghay moved that the minutes be approved as amended. The motion was seconded by Councilman Donohoo and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of representative from Chamber of Commerce to submit quarterly report Mayor Mitchell stated that the Council was in receipt of the quarterly report of the Chamber and noted that Mr. Duke, Chamber Director, was present to answer questions. As Council had no questions regarding the report, the Chamber was thanked for same. A=2 Appearance of Al Chauvet regarding damage to property Mr. Chauvet was present to explain the damages to his property as the result of a portion of Main Street being constructed along- side of it. His property is located at 1260 Main Street. He stated that he has recently begun to realize the damage to his property since having put it up for sale in the last two years. The road constructed to pass alongside his property has resulted in quite a bit of traffic noise outside his bedroom windows as well as being a traffic hazard when entering and leaving his residence. Mr. Chauvet stated that former Director of Public Works, Mr. Joe Spellacy, had promised him that he would be granted some city property in front of his so that a wall could be constructed. This was never accomplished and he did not press the matter because he didn't feel the need to until he found it difficult to sell his property. He now wishes the City to grant him this property and construct a wall adjacent to the sidewalk in front of his property. Mayor Mitchell felt that this matter should be returned to staff for study into the history of the project and any promises that were given and report back to Council.. 6 46 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 24, 1972 Page Two MOTION: Councilman Keiser moved that this matter be referred to Staff for study, to work with Mr. Chauvet, and to report back to Council. The motion was seconded by Mayor Mitchell and unanimously carried. A-3 Report on cost of acquiring additional property for civic center Mayor Mitchell stated that the Council was in receipt of a report from the City Administrator regarding a piece of property offered to the City by Mr. Den -bulk for $28,000.00. This property is located in the proposed civic center area, and had recently been appraised at $30,000.00. MOTION: Councilman Donohoo moved that Staff be auth- orized to proceed with the purchase of this property. The motion was seconded by Councilman Keiser. Mayor Mitchell asked if Councilman Donohoo would amend his motion to include that funds come from land acquisition and building reserve. Councilman Donohoo amended his motion to include that funds come from land acquisi- tion and building reserve. Councilman Keiser accepted the amendment and the motion was unanimously carried. UNFINISHED BUSINESS B-1 Review of letter from San Luis Obispo Unified School District regarding beachfront road. Mayor Mitchell outlined the questions listed in the letter from the school board. He felt that these questions should be studied by Staff and proposed answers be submitted to Council. MOTION: Mayor Mitchell moved that these questions be referred to Staff for study and that proposed answers be submitted to Council. The motion was seconded by Councilman Donohoo and unanimously carried. B-2 Letter from American West concerning access to proposed trailer park Mayor Mitchell stated that the council had a letter from American West in which they were appealing the conditions imposed by the Planning Commission on a use permit. Mayor Mitchell stated that it was his understanding that no use permit had been granted as of this date, therefore, there was no basis for an appeal. This letter appealed the portion of the use permit condition that requires the road being in a general north -south direction on the west side of the property. They were requesting the use of MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 24, 1972 Page Three the 54th Street entrance for use until such time as the road issue on the west side of the property is decided. Mayor Mitchell felt that the Council should make the Planning Commission aware of the Council's feelings in this matter. He stated that he would not be in favor of any temporary road and would prefer that the developers did not construct until this matter was decided. He felt that any temporary road might become a perm- anent one if the general north -south route along the western boundary line was not decided on and he was not in favor of a permanent access through 54th Street. Mr. Dwight Spiers of American West was present and informed the Council that he was under the impression that the use permit had been decided on and they were appealing one of its conditions at this time. Mr. Little stated that he had been informed by the Planning Department that no letter advising American West that this use permit was in effect had been issued yet. Mr. Spiers stated that he was not aware that a letter had to be issued in order for the use permit to go into effect. In the meanwhile, his company had been in contact with the Division of Highways and they had indicated that they would consider reducing the speed limits in that area if the developers were to use 54th Street as an access road. Councilman McConaghay suggested that the Council obtain a commitment from the Division of Highways as to what they would or would not do should the Council decide to use the 54th Street access as a temporary road. MOTION: Councilman McConaghay moved that Staff be directed to communicate with Mr. Edmonds of the State Highway Division in San Luis Obispo, and ask for a commitment from them as to what the City of Morro Bay can expect regarding safety features that would be required and would be furnished in the area of 54th Street should the Council decide that that would be a proper access for American West to their property. The motion was seconded by Mayor Mitchell and unanimously carried. B-3 RESOLUTION NO. 29-72. Resolution accepting deed from John and Geraldene Fox for police department building Mayor Mitchell stated that at Council's request, the City Administrator had drawn the necessary documents so that the police department building may be purchased. MOTION: Councilman Donohoo moved that Resolution No. 29-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 29-72 by title only. MOTION: Councilman McConaghay moved for the adoption C� • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 24, 1972 Page Four of Resolution 29-72. seconded by Councilman mously carried by roll The motion was Donohoo and unani- call vote. B-4 RESOLUTION NO. 30-72. Resolution approving amendment to lease with James P. Eddy for Lease Sites No. 90 and 90W Mayor Mitchell explained that the amendment provides for a five year lease extension which Mr. Eddy is entitled to at this time. MOTION: Councilman McConaghay moved that Resolution No. 30-72 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution No. 30-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 30-72. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. B-5 Revision of Budget Calendar Mr. Little stated that Staff was scheduled to submit to Council at this evening's meeting the estimates of assessed valuations and revenues for next fiscal year and, also, to submit the preliminary budget for Council consideration. He informed the Council that Staff had not been able to meet this deadline and requested that they make a motion that these dates be postponed until the May 8th meeting at which time Council can also determine when budget hearings will be held. The rest of the calendar will remain in effect. MOTION: Councilman Donohoo moved that Staff be authorized to present the estimates of assessed valuations and revenues for next fiscal year along with the prelim- inary budget at the regular Council meeting of May 8th. The motion was seconded by Councilman Keiser and unanimously carried. B-6 RESOLUTION NO. 31-72. Resolution authorizing the City Clerk to sign required local, State and Federal documents required in application for grants for Trickling Filter modification at Sewer Treatment Plant MOTION: Councilman Donohoo moved that Resolution No. 31-72 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Little read Resolution No. 31-72 by title only. MOTION: Councilman McConaghay moved for the adop- tion of Resolution No. 31-72. The motion was seconded by Councilman Donohoo and MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 24, 1972 Page Five unanimously carried by roll call vote. B-7 ORDINANCE NO. 103. An ordinance prohibiting all private or public construction in the area easterly of Morro Rock, northerly of Morro Bay, westerly of P. G. & E., and southerly of Morro Creek, without majority vote of electors. Mayor Mitchell stated that this ordinance goes into effect on April 28, 1972 as a result of being passed by a majority of the electors at a general municipal election. It is left for the Council to assign a name and number to the ordinance so that it may be entered in the book of ordinances in the City of Morro Bay. MOTION: Councilman McConaghay moved that the suggested title and number 103 be assigned to the ordinance and that it be included in the book of ordinances for the City of Morro Bay. The motion was seconded by Councilman Donohoo and unanimously carried. NEW BUSINESS C-1 Request of Clayton Scovell for permission to use lease property to hold Little League Pancake Breakfast Mayor Mitchell stated that Mr. Scovell presently holds the lease on which he wishes to conduct a Little League Pancake Break- fast and Council needs to approve this use. MOTION: Councilman Keiser moved that permission be granted to Mr. Scovell to conduct a Little League Pancake Breakfast on May 13, 1972, provided he has the insurance coverage required by the City. The motion was seconded by Councilman Donohoo and unani- mously carried. C-2 RESOLUTION NO. 32-72. Resolution designating use of 1971-72 and 1972-73 TOPICS allocation Mayor Mitchell stated that this resolution provided for a portion of TOPICS funds to be expended on completing an areawide TOPICS study and the remaining portion to be used to finance certain improvement projects. MOTION: Councilman McConaghay moved that Resolution No. 32-72 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution 32-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 32-72. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 24, 1972 Page Six C-3 RESOLUTION NO. 33-72. Resolution approving assignment of Lease Site No. 21 - Upte, Inc. to Gunther Mayor Mitchell stated that this resolution and the in item C-4 were drawn subsequent to a request from Mr. to assign his lease hold interests in Lease Sites No. 21 Mr. and Mrs. Gunther. MOTION: Councilman Donohoo moved that Resolution No. 33-72 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Little read Resolution No. 33-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 33-72. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. one prepared Uptegrove and 22 to C-4 RESOLUTION NO. 34-72. Resolution approving assignment of Lease Site No. 22 - Upte, Inc. to Gunther MOTION: Councilman McConaghay moved that Resolution No. 34-72 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution No. 34-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 34-72. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. C-5 Resolution No. 3-72 of the Morro Bay Planning Commission recommending amendment to Section 5103.2 of the zoning ordinance - Set date for public hearing Mr. Little suggested that Council set a hearing date for the next regular meeting of the Council on May 8th. The citizens were quite anxious for this resolution to go into effect. Mr. Torrey expressed his wish that this matter be expedited also. He stated that meetings had been held since December and the City had lost quite a bit of money because the changes in zoning had not taken place. MOTION: Councilman Donohoo moved that the public hearing regarding Planning Commission Resolution No. 3-72 be scheduled for May 8, 1972. The motion was seconded by Councilman Keiser and unanimously carried. C-6 Request of Chamber of Commerce to use City property for a carnival Mayor Mitchell stated that the Chamber was requesting the use of City property on September 1 through 4, 1972, to hold a carnival MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 24, 1972 Page Seven during the Rock-O-Rama festivities. MOTION: Councilman Donohoo moved that a use permit be granted to the Chamber of Commerce for the purpose of holding a carnival. The motion was seconded by Councilman Jennings and unanimously carried. C-7 Request of Cub Scouts for use of City Street for Soap Box Derby events Mayor Mitchell explained that this was an annual event sponsored by the Boy Scouts. They were requesting the use of a portion of San Joaquin Street to hold these activities and wished two dates, May 20th and May 27th, reserved. They also requested an alternate date in case of poor weather conditions. MOTION: Councilman Keiser moved that a use permit be granted to the Boy Scouts for this purpose. The motion was seconded by Councilman McConaghay and unanimously carried. C-8 Consideration of Council committees Mayor Mitchell stated that he had requested that this item be put on the agenda so that some committees no longer meeting could be disbanded and perhaps have Councilman Jennings' name be included on some of.the remaining committees. MOTION: Mayor Mitchell moved that the following committees be disbanded: Employee Group Insurance, Solid Waste Disposal, Business License Ordinance, City Engineer, Marina Development, and Animal Regulation Amend- ments. The motion was seconded by Council- man Donohoo and unanimously carried. Councilman Jennings stated that he would like to be involved in a harbor committee. Councilman Donohoo gave his position on the Harbor Ordinance Committee to Councilman Jennings along with his position on the Downtown Parking Committee. MOTION: Mayor Mitchell moved that Councilman Jennings' name be substituted for Councilman Donohoo's on the Downtown Parking and Harbor Ordinance committees, and that Councilman Jennings' name be placed on the Public Works Committee. The motion was seconded by Councilman McConaghay and unanimously carried. C-9 Memo from Police Chief regarding "no camping" and "no parking" signs in Morro Rock and Morro Dunes Trailer Park area Mayor Mitchell stated that Council was in receipt of a memo from the Chief of Police informing them that signs were needed in the area of Morro Rock and Morro Dunes Trailer Park advising campers that there is no camping allowed in these areas. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 24, 1972 Page Eight There was a question as to whether this would be allowed in view of the ordinance passed prohibiting construction in the Morro Rock area. Mr. LeSage was directed to look into the matter and report back to Council. Discussion was held regarding camping at Morro Rock as pertains to Ordinance No. 103. Comments were heard from Mrs. -Bell. MOTION: Mayor Mitchell moved that Staff be directed to place the appropriate signs prohibiting camping in the area of Morro Rock and Morro Dunes Trailer Park when and if Mr. LeSage finds out if it is allowed under the new ordinance. Councilman McConaghay asked if Mayor Mitchell would amend his motion to include that the signs be made of durable material rather than wood. Mayor Mitchell amended his motion to include that the materials the signs are made of be of durable material rather than wood. The motion was seconded by Councilman McConaghay and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Jennings presented, for the consideration of the Council, a proposed resolution favoring the acquisi- tion by the State of California of surplus Federal land located on Camp San Luis Obispo, California. He stated that if the Council passes this resolution, he intends to hand deliver it to Mr. Mott in Sacramento the next day. MOTION: Councilman Donohoo moved that Resolution No. 35-72 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 35-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 35-72. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. (2) Councilman Keiser requested permission to attend the Environmental Quality Committee meeting in Los Angeles, on May 26, 1972. MOTION: Councilman Donohoo moved that Councilman Keiser be authorized to attend the Environmental Quality Committee in Los Angeles on May 26, 1972. The motion was seconded by Mayor Mitchell and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 24, 1972 Page Nine (3) Councilman Keiser stated that she had received a call from Mr. Jack Watt who resides in the Bay Pines Trailer Park and he is concerned over the fact that the people in that area are paying higher rates for P. G. & E. than the City is. A gentleman from P. G. & E. was present at the meeting and stated that the company divides the area into rate sections and the Bay Pines Trailer Park is outside the same rate area as the City of Morro Bay. Councilman Keiser stated that Mr. Watt also wanted to know if there was anyway for the people in the trailer park to become a part of the CATV system. Mr. Little explained that it depends on the number of people in the area as to whether or not Cable TV will be installed. Councilman Keiser requested that Staff look into the matter and report back to Council. (4) Councilman Keiser asked for a progress report on TOPICS. Mr. Little stated that the firm of Lapmann and Associates have prepared an application on behalf of the City of Morro Bay, for submission to the State. When this application is approved, a study of City traffic conditions will be made by the Lapmann firm. D-2 City Attorney Mr. LeSage had nothing to report at this time. D-3 City Administrator (1) Mr. Little presented Transfer Voucher No. 1-2-23 for the transfer of funds from equipment replacement reserve to general fund for the Fire Chief's vehicle. MOTION: Councilman Donohoo moved for the approval of Transfer Voucher No. 1-2-23. The motion was seconded by Councilman McConaghay and unanimously carried. (2) Mr. Little presented the Expenditure Report for the period April 1 through 15, 1972, for the consideration of the Council. MOTION: Councilman McConaghay moved for the approval of the Expenditure Report for the period April 1 through 15, 1972. The motion was seconded by Councilman Donohoo and unanimously carried. CORRESPONDENCE 1. Letter from Dan Stack regarding Camp San Luis Obispo land acquisition. 2. Card from the Bogardus family acknowledging the expression of sympathy from the Council. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 24, 1972 Page Ten MOTION: Councilman McConaghay moved that the correspondence be filed. The motion was seconded by Councilman Donohoo and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Jennings and unanimously carried. The meeting was adjourned at 9:00 p.m. Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING April 18, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call HEARINGS, APPEARANCES', AND REPORTS UNFINISHED BUSINESS B-1 Resolution reciting the fact of the General Municipal Election held on April 11, 1972, and declaring the result thereof NEW BUSINESS C-1 Presentation of Certificates of Election and Oath of Office to new City Council members C-2 Seating of new City CCouncilr-members C-3 Conduct of election for the office of Mayor by the City Clerk C-4 Seating of new Mayor and election for the office of Mayor Pro Tempore INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 18, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m, by Mayor Mitchell with the Pledge of Allegiance. Councilman McConaghay gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, McConaghay, Walters and Mayor Mitchell ABSENT: Councilman Keiser Mayor Mitchell explained because of plans she had made a meeting this evening. She Los Angeles area. that Councilman Keiser was absent" - before realizing that there would be was attending a class reunion in the The Mayor stated that this meeting is mandated by the Elections Code of the State of California. The Elections Code states that a meeting must be held one week from the date of the election for the purpose of certifying the results of the election and selecting a mayor and mayor pro tempore. UNFINISHED BUSINESS B-1 RESOLUTION NO. '28-72. Resolution of the City Council of the City of Morro Bay reciting the fact of the General Municipal Election held in the City of Morro Bay on the llth day of April, 1972, and declaring the result thereof and such other matters as are provided by law MOTION: Councilman Donohoo moved that Resolution No. 28772 be read by title only. The motion was seconded by Mayor4Mitchell and unanimously carried. Mr. Little read Resolution No. 28-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 28-72. The motion was seconded by Councilman McConaghay and unanimously carried. NEW BUSINESS C-1 C-2 Presentation of Certificates of Election and Oath of Office to new City Council members Mr. Little called the newly elected Council members forward and administered the Oath of Office to Fred R. Donohoo, Sr. and Jack J. Jennings. He then presented them with the Certificates of Election and congratulated them. Mayor Mitchell called Councilman Walters forward and presented him with a certificate of appreciation for his service to the City. Councilman Walters expressed his gratitude for being able to work with the Council and Staff and gave best wishes to the new Councilmen. C-3 Conduct of election for the office of Mayor by the City Clerk MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 19, 1972 Page Two Mayor Mitchell turned the meeting over to Mr. Little at which time Mr. Little stated that Councilman McConaghay had something to say and gave him the floor. Councilman McConaghay recommended that the Council give con- sideration to electing the Mayor on a rotating basis so that all Councilmen would have a chance to be Mayor at one time or another. He stated that he felt this would make a better Councilman out of a person, each voter would at sometime be%able to say that the person he voted for became mayor, it would prevent the public from saying that the Council was controlled by one person, and it could be of some help should a Councilman try later for higher political aspirations. He felt that a motion was now in order. Mr. Little informed Councilman McConaghay that he was chairing the meeting at this time only for the purpose of conducting the election of mayor. He was not in a position of being able to take a motion or asking for vote of the Council. He felt that, according to law, it would be illegal for him to do so. Mayor Mitchell also stated that the Council was only allowed to conduct the business on the agenda and it would not be in order to conduct anything else at this time. Councilman McConaghay asked how this matter should be presented. Mr. Little stated that it should be scheduled at a regular Council meeting and an ordinance requested to be drawn. Mr. Little asked for nomination for Mayor of the City of Morro Bay. Councilman Donohoo nominated Dale Mitchell. The nomination was seconded by Councilman Jennings. The Council indicated that they preferred to vote by voice vote. Dale Mitchell was unanimously elected Mayor by voice vote. C-4 Seating of new Mayor and election for the office of Mayor Pro Tempore Mayor Mitchell asked for nominations for the office of Mayor Pro Tempore. Councilman Jennings nominated Councilmand Donohoo. The nomi- nation was seconded by Mayor Mitchell. Fred Donohoo was elected Mayor Pro Tempore by voice vote. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Mayor Mitchell asked the new Council members -if they wished to say anything at this time. Councilmen Donohoo and Jennings made comments. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL April 18, 1972 Mayor Mitchell also made several comments in regards to the election and the proposition which was passed. He stated that the Council would do its best to make this a workable ordinance. Mayor Mitchell addressed himself to Councilman McConaghay and stated that, although he had no objections to Councilman McConaghay bringing his proposal regarding a rotating mayor before the Council, he did not feel he would be in favor of it. He had stated previously and':still maintained, that the Mayor shouFdj,be elected by the people. Councilman Jennings also made comments on the proposition which will become an ordinance on April 28,"1972. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Council- man Jennings and unanimously carried. The meeting adjourned at 8:02 p.m. Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA CITY COUNCIL MEETING April 10, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of March 27, 1972 2. Minutes of the special meeting of March 28, 1972 3. Minutes of the adjourned'iegulaf meeting of April 1, 1972 4. Minutes of the executive meeting of April 1, 1972 HEARINGS,' APPEARANCESAND REPORTS A-1 Report of Planning(Commission on permitted uses for Lease Site No. 128W A-2 Report on offering price for Police Department building A-3 Report on possibility of limiting the number and locations of service stations UNFINISHED BUSINESS B-1 Proceedings in connection with Improvement District No. 6 B-2 Request for extension of time for compliance with lease terms - Estate of•Laurance F. Carver, Lease Sites No. 110W-112W B-3 Powers -Wells, Inc. - Review of proposed agreement B-4 Resolution approving grant of Use Permit to Morro Bay Fire Fighters I.A.F.F. Local 1855 NEW BUSINESS C-1 Request of Wayne E. Bickford for renewal of lease C-2 Request to fill vacancy in Police Department C-3 Request of Cabrillo Enterprises for consent to construct addition to Rose's Landing restaurant building - Lease Sites No. 82-85 and 82W-85W C-4 Request of James Maul to make additions to the HMS Salt building - Lease Site No. 10 INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence 46 4 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 10, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Wood of the Assembly of God Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Mayor Mitchell ABSENT: None MINUTES Keiser, McConaghay, Walters and The minutes of the regular meeting of March 27, 1972, the special meeting of March 28, 1972, the adjourned regular meeting of April 1, 1972, and the executive meeting of April 1, 1972, were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman McConaghay and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Report of Planning Commission on permitted uses for Lease Site No. 128W Mayor Mitchell stated that a request at a previous meeting had been received from Virg Moores requesting the use of the water area in front of his lease. The City Council had referred the matter to the Planning Commission for a determination of suitable use. The Planning Commission had subsequently decided that any water oriented use would be acceptable for this lease site. Mr. Little informed the Council that he had had indications of interest in this area from some of the lease holders surrounding it, but that a city road leads to it and it would be easily accessible to anyone. MOTION: Councilman McConaghay moved that Staff be directed to promulgate the information concerning this lease site and ask for proposals on any water oriented use. The motion was seconded by Councilman Donohoo and unanimously carried. A=2 Report on offering price for Police Department building The past research of a Police Department building and land acquisition was discussed. It was noted that Mr. John Fox was offering the City of Morro Bay the building the Police Department is presently situated in for $40,000.00. It was recommended by the City Administrator that the Council give consideration to purchasing the building for that price. Councilman Keiser quoted from a previous memorandum from the MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 10, 1972 Page Two City Administrator in which he urged the Council to purchase some property in the general civic center area also. Councilman Keiser asked Mr. Little if this was still his recommendation. Mr. Little replied that it was, except one of the parcels offered has been sold and is presently under construction. MOTION: Councilman Donohoo moved that Staff proceed with the purchase of the Police Department building from Mr. Fox with funds to come from the building acquisition reserve. The motion was seconded by Mayor Mitchell and unanimously carried by roll call vote. Staff was also requested to look into the other property offered in the proposed civic center area and discern if prices are the same as when first researched, and report back to Council. A-3 Report on possibility of limiting the number and locations of service stations Council reviewed the memorandum from the City Administrator reporting on his conversations with San Luis Obispo City Attorney, Mr. Shaw. Mr. Shaw is currently making a study regarding the pro- blem of limiting the number of service stations and it is suggested that perhaps Council would wish to see the results of Mr. Shaw's study before making a determination in this matter. MOTION: Councilman McConaghay moved that Council withhold any further action on this study until the results of Mr. Shaw's report are known. The motion was seconded by Councilman Keiser and unanimously carried. UNFINISHED BUSINESS B-1 Proceedings in connection with Improvement District No. 6 Mayor Mitchell stated that bids had been received by the City for the work to be done in Improvement District No. 6, and the lowest bid was higher than the Engineer's Estimate, so certain procedures had to be redone. Mr. Ed Ness from the District Bond Counsel and Mr. Taylor, Engineer of Work, were present to make comments. Mr. Taylor stated that as a result of the bids, prices increased about $100.00 per average fifty foot lot for street improvements and decreased about $200.00 per average lot for sewer improvements. RESOLUTION NO. 24-72. Resolution directing Engineer of Work to file an amended Engineer's Report and an amended estimate of cost in Improvement District No. 6. MOTION: Councilman McConaghay moved that Resolution No. 24-72 be read by title only. The motion was seconded by Councilman Donohoo and unan- imously carried. Mr. Little read Resolution No. 24-72 by title only. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 10, 1972 Page Three MOTION: Councilman McConaghay moved for the adoption of Resolution No. 24-72. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. RESOLUTION NO. 25-72. Resolution of Intention to make changes in the cost of the work and assessments to be levied in Improve- ment District No. 6 MOTION: Councilman Donohoo moved that Resolution No. 25-72 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 25-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 25-72. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. RESOLUTION NO. 26-72. Resolution continuing hearing in connec- tion with Improvement District No. 6 MOTION: Councilman Donohoo moved that Resolution No. 26-72 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Resolution No. 26-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 26-72. The motion was seconded by Mayor Mitchell and unanimously carried by roll call vote. B-2 Request for extension of time for compliance with lease terms Estate of Laurance F. Carver, Lease Sites No. 11OW and 112W Mayor Mitchell reviewed the recent action on this lease site which includes the granting of a one year extension to submit plans for construction by resolution and an amendment to the lease which states that the amendment is a personal contract with the City which the lessor may not assign without consent of the City. The Mayor asked Mr. Charles Ogle, attorney for the estate of Laurance F. Carver, to make a presentation. Mr. Ogle reviewed the history of this lease back to the period when Mr. Carver was leasing from the County. He stated that the lease inc-question had recently been appraised at a valuation of $15,000.00 Mr. Ogle said that the amendment to the lease, as drafted, prevents Mrs. Carver from using the one year extension as time in which to sell the lease and request an assignment from the Council. He informed the Council that this is what Mrs. Carver wants to do and what he, as her attorney, advises her to do. She does not want to get into the construction business and feels this is the wisest step for her to take. He believes the amendment should read much as the resolution approving the amendment does, which provides MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 10, 1972 Page Four for Council approval in the event of assigning the lease. This is already a provision of the lease and they have no objection to it. They are objecting to the personal contract clause in the amendment. Further discussion was held regarding this lease site. When asked his opinion, Mr. LeSage stated that it was up to the Council to take whatever action they felt applicable in this case. Mayor Mitchell requested information as to what had been invested in the lease site so far. Mr. Ogle stated that a long term lease had been invested as well as rent and a buy -sell agree- ment between the partnership of Carver and Lindwall in•. -which Mr. Carver had been obligated to buy Mr. Lindwall's interests in the lease site upon Mr. Lindwall's death. MOTION: Councilman McConaghay moved that the extension be granted and that the amendment to the lease be amended to strike the personal contract aspects. The motion was seconded by Mayor Mitchell and unanimously carried. B-3 Powers -Wells, Incorporated - Review of proposed agreement Mayor Mitchell reviewed this matter for the Council and Mr. LeSage explained the proposed agreement to them. He stated that basically it provided three safeguards to the city: 1) That a statement be recorded at the County Recorder's Office that this agreement had been entered into; 2) there would be a trust deed to the City which would secure performance of the agreement; 3) and liquidated damages to be paid in the event that construction is not completed as promised. Councilman McConaghay asked who decided if the developer was or was not at fault for failure to complete construction as spec- ified in the agreement. Mr. LeSage stated that the City would decide if the failure to complete construction was through the •fault of the developer or not. If the developer disagreed, it could go to the courts. MOTION: Mayor Mitchell moved that the agreement be approved by inserting the sum of $25,000.00 in the spaces provided in paragraphs 2 and 3 and with the provision that this agreement does not affect the Use Permit. The motion was seconded by Councilman Donohoo and unanimously carried. B-4 RESOLUTION NO. 27-72. Resolution approving grant of Use Permit to Morro Bay Fire Fighters I. A. F. F. Local 1855 This permit authorizes the Fire Fighters to conduct a circus on April 24, 1972. The Use Permit and resolution were requested by the Council at their March 27th meeting. MOTION: Councilman Donohoo moved that Resolution No. 27-72 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. J 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 10, 1972 Page Five Mr. Little read Resolution No 27-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 27-72. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. RECESS 9:56 p.m. RECONVENED 9:06 p.m. NEW BUSINESS C-1 Request of Wayne E. Bickford for renewal of lease Mr. Bickford presented his request to the Council stating that he was nearing the end of his first five year option at which time he would exercise his lease rights and request his second and final five year term for the area on which his concrete plant is located. He stated that he wished information from the Council as to how long he may expect to be allowed to use this lease site: how long would it be before the City contemplated expanding the sanitary plant so as to require the property on which his plant is located. He said that the answer to this question would deter- mine his capital improvement expenditures for the next five years. If he could not expect to extend his lease further than the five year period, he would expend a minimum on capital improvements. He realizes that this land is in reserve for the expansion of the sanitary plant. Mr. Little informed the Council that he had recently been in touch with Mr. Harvey Hunt of John Carollo Engineers. It seems that if it is necessary to expand the sanitary plant within the next few years, there is enough property to expand in other areas rather than through the lease site Mr. Bickford is on. MOTION: Councilman Keiser moved that Staff discuss this matter with Harvey Hunt and Mr. Bickford within the next three months so that Mr. Bickford will have his answer as soon as possible and he may plan accordingly. The motion was seconded by Mayor Mitchell. Mr. Little stated that it is difficult to anticipate the man- dates of the Water Quality Control Board. The City might find itself with an expansion program which it cannot control. The motion was unanimously carried. C-2 Request to fill vacancy in Police Department The City Administrator was submitting a request to fill the vacancy in the Police Department that had been created by the pro- motion of Richard Schacht to Police Chief. It is also requested that the Council set a time limit; perhaps another six months, since the last six month period has expired, in which Staff may fill vacancies in the Police Department without the consent of Council. MOTION: Councilman Donohoo moved that Council grant another six month period for Staff to fill E MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL April 10, 1972 vacancies in the Police Department without the consent of the Council. The motion was seconded by Mayor Mitchell and unanimously carried. C-3 Request of Cabrillo Enterprises for consent to construct an addition to Rose's Landing Restaurant building - Lease Sites No. 82-85 and 82W-85W Mayor Mitchell explained that plans for these additionas had been received and approved by the Planning Commission. It was now left for Council to approve this action in accordance with the lease. MOTION: Councilman Donohoo moved for approval of the addition construction on Lease Sites No. 82-85 and 82W-85W previously approved by the Planning Commission. The motion was seconded by Councilman Keiser and unanimously carried. C-4 Request of James Maul to make additions to the HMS Salt build- ing - Lease Site No. 10 It was noted that Mr. Maul had also submitted plans already approved by the Planning Commission and it was in order for the Council to approve these also. MOTION: Councilman Donohoo moved for the approval of additions to the HMS Salt, Lease Site No. 10, in accordance with Planning Commission approval. The motion was seconded by Councilman Keiser and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser stated that she had received several calls regarding excessive speed on Pacific Street and re- quested closer patroling of that area. (2) Councilman Keiser requested information as to when a meeting would be called for the downtown parking committee. Mr. Little stated that he would call a meeting right away. (3) Councilman Keiser requested a report on the traffic study in Morro Bay. Mr. Little reported that the TOPICS committee has submitted a report to the State and is currently await- ing approval of this report. (4) Councilman Keiser requested that Doug Stuart make a report on the Water Advisory Board at the next Council meeting. Mr. Stuart stated that he had some notes from the most recent meeting and could report at this time. He reported on the progress of the State and the Department of Interior's proposal to design and con- struct a desaliriatidn,-. facility at Diablo Canyon. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 10, 1972 Page Seven D-2 City Attorney The City Attorney had nothing to report at this time. D-3 City Administrator (1) Mr. Little informed the Council of a Statewide Tax and Legislative Conference to be held in Woodlake Inn, in Sacramento. He asked the Council to advise him if any of them wished to attend. (2) Mr. Little presented the Expenditure Report for the period March 15 through 31, 1972 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period March 15 through 31, 1972. The motion was seconded by Councilman McConaghay and unanimously carried. (3) Mr. Little presented the Financial Statement for the period July 1, 1971 through March 31, 1972 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Report for the period July 1, 1971 through March 31, 1972. The motion was seconded by Councilman McConaghay and unanimously carried. CORRESPONDENCE There was no correspondence. ADJOURNMENT MOTION: Councilman McConaghay moved for adjournment. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting was adjourned at 9:38 p.m. Recorded by: M. J. LITTLE, City Clerk i By: Ardith Davis Deputy City Clerk NOTICE OF ADJOURNED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an adjourned regular meeting on Saturday, April 1, 1972 at 9:30 a.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California to consider the following: 1. Interview Police Chief applicants 2. Labor negotiation matters DATED: March 30, 1972 DALE C. MITCHELL, Mayor City of Morro Bay, California 1/�?- 0 - -77';t& ''J M. J. LIT LE, City Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned; -,Regular Meeting April 1, 1972 9:30 a.m. City Hall Conference Room The meeting was called to order at 9:30 a.m, by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor Mitchell ABSENT: None Mr. Little requested time in executive'session to obtain guidelines from Council on employee relations. MOTION: Councilman Donohoo moved that the meeting be adjourned to executive session to interview applicants for the position of Chief of Police. The motion was seconded by Councilman Walters and unanimously carried. The meeting convened to regular session at 3:25 p.m. MOTION: Mayor Mitchell moved that Richard Schacht be appointed Chief of Police on a one year pro- bation at a salary range of 39, step 4. The motion was seconded by Councilman Donohoo and unanimously carried. MOTION: Councilman McConaghay moved that the meeting be adjourned. The motion was seconded by Councilman Walters and unanimously carried. The meeting adjourned at 3:30 p.m. Recorded by: M. J. LITTLE, $City Clerk ia'�J By: Ardith Davis Deputy City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Tuesday, March 28, 1972 at 7:30 p.m. in the Morro Bay Recreation Hall, Dunes and Shasta Streets, Morro Bay, California to view an environmental movie entitled "Multiply and Subdue the Earth". DATED: March 24, 1972 DALE C. MIT TELL, Mayor City of Morro Bay, California MINUTES - MORRO BAY CITY COUNCIL Special Meeting March'28, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor Mitchell ABSENT: None Also present were Planning Commissioners E. V. Greenelsh and Ruth Woll. James Maul was present to show Council members the environ- mental movie "Multiply and Subdue the Earth". MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Keiser and unanimously carried. The meeting adjourned at 8:45 p.m. Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk 0 �J Added CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING March 27, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of March 13, 1972 HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of representatives of Lawton Powers concerning development agreement for property at Quintana Road and Morro Bay Boulevard A-2 Appearance of Mr. McAdams regarding a bike road in Morro Bay and requesting funds to be budgeted for this purpose A-3 Report from Staff regarding alternate routes for the connec- tion of Atascadero Road to Azure Street A-4 Hearing on vehicle abatement UNFINISHED BUSINESS B-1 Status of convenience! store - American West recreational vehicle park B-2 Organizations to be represented on Underground Utilities and Downtown Parking committees B-3 Disposal of city property on the corner of Elena and Hemlock Streets B-4 Request of Morro Bay Fire Fighters Association to use city property to conduct a circus B-5 Request of Frank and Naomi Brebes to transfer leasehold interests in Lease Site No. 18 B-6 Request of George Baier and Ronald Myers for approval of use and for permission to negotiate lease with City B-7 Proposed resolution supporting U. S. Senate Bill 3027 desig- nating Lopez Canyon as a Wilderness Area B-8 Approval of Agreement with Woods Animal Shelter for Fiscal Year 1972-73 B-9 Proposed resolution assigning Lease Site No. 29 - Pierpoint to Brebes B-10 Proposed resolution assigning Lease Site No. 29 - Brebes to Brebes Ocean House Inc. B-11 Resolution assigning leases of Carver and Lindwall to the Estate of Laurence F. Carver B-12 Resolution ordering the canvass of the election to be held B-13 Resolution approving grant of Use Permit to Kiwanis Club to hold annual Easter Sunrise Services NEW BUSINESS C-1 Request of Orval Leage to lease, for marina purposes, Lease Sites No. 35W and 36W C-2 Claim for damages by Andrew W. (Pete) Gardner C-3 Request of Youth Council to light Morro Bay Boulevard Park C-4 Request of James P. Eddy for renewal of lease on Lease Sites No. 90 and 90W INDIVIDUAL DETERMINATION 'AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 27, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Councilman McConaghay gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Mayor Mitchell ABSENT: None MINUTES Keiser, McConaghay, Walters and The minutes of the regular meeting of March 13, 1972, were con- sidered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman Walters and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of representatives of Lawton Powers concerning development agreement for property at Quintana Road and Morro Bay Boulevard Mayor Mitchell reviewed Mr. Powers' last appearance before the Council in which he appealed the $175,000.00 bond set by the Planning Staff. At that time Council denied the appeal and Mr. Powers was again present regarding this bond. Mr. Lewis R. Walton, attorney representing Powers -Wells, Inc., presented his clients' position to the Council. He stated that in applying for a $175,000.00 bond from various bond companies, they were unable to obtain this large of a bond. The bond companies felt that this sum would more or less finance the project should the developers fail in their construction plans and the bond com- panies were not willing to act as finance institutions. He stated that he had been in contact with the City Attorney and Mr. LeSage had drawn up an agreement with which the applicant was in full accord. The agreement provided for the developer to pay $40,000.00 in liqui- dated damages to the City should the project fail. It is felt that this amount is enough of an incentive for performance on the part of the developer. They respectfully requested the Council to consider and approve the agreement. Mayor Mitchell asked Mr. LeSage to comment upon the agreement. Mr. LeSage stated that the agreement provides three safeguards for the City: (1) An option to require liquidated damages, the amount to be left up to the Council; (2) a trust deed in some amount so that in the event that the construction does not occur, the City could foreclose; (3) a recorded covenant could be placed against the pro- perty which could state that there has been an agreement to develop the property and that the property could not be transferred without the consent of the City of Morro Bay. Mayor Mitchell stated that the City's concern was not that they should be paid money, but that the project should be completed. He MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 21, 1972 Page Two felt that since the bond companiescontacted were unwilling to take the risk of the $175,000.00 bond, it should not fall to the City to take such a risk. Councilman McConaghay stated that he felt the Council should not bail Mr. Powers out; they should stand by their original deci- sion and if Mr. Powers is unable to develop the property under those conditions, then it is his problem and not the Council's. Councilman Keiser asked Ned Rogoway; Planning Director, if Mr. Powers has supplied the Planning Department with any plans for develop- ment. Mr. Rogoway stated that the Planning. Department has been supplied with a plot plan and the general nature of the buildings, but no construction plans as yet. It was noted that the Use Permit granted to Mr. Powers is good for one year only and that the agreement is for a longer period of time. Mr. Wells, vice-president of Powers -Wells, Inc., spoke to the Council regarding this matter. Mr. LeSage statedi'that he had re -drafted the agreement the Council had received and that there were a few changes in the new one. MOTION: Mayor Mitchell moved that the matter of the agreement between the City of Morro Bay and Powers -Wells, Inc. be deferred to the next regular meeting of the Council in order for the Council to have time to study the pre- sent draft of the agreement. The motion was seconded by Councilman McConaghay and unanimously carried. A-2 Appearance of Mr. McAdams regarding a bike road in Morro Bay and requesting funds to be budgeted for this purpose. Mr. McAdams of The Liaison Committee reported on the efforts of this committee to work out a plan for establishing bicycle routes throughout the City. He had with him a map of suggested routes for bike trial designation. He felt that the bike routes would offer the citizens of the community a pleasurable and healthful activity as well as a safe means of travel for children to school and the down- town areas. Mr. McAdams suggested that the Council consider setting aside funds in the upcoming budget for a project of this nature. Councilman Keiser felt that .this was a fine idea, but that further study was required to determine the costs of such a project. Perhaps the committee could be enlarged with members of Staff involved. Mr. Warden suggested that Mr. McAdams talk with Mr. Stuart, Director of Public Works, and Mr. Stuart could incorporate the costs of this project in his budget. MOTION: Mayor Mitchell moved that the Council acknowledge receipt of Mr. McAdams' report and ask that Mr. Stuart work with Mr. McAdams and committee members and that MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 27, 1972 Page Three appropriate suggestions be submitted at budget time. The motion was seconded by Councilman Keiser and unanimously carried. A-3 Report from Staff regarding alternate routes for the connection of Atascadero Road to Azure Street Murray Warden, Ass't. City Administrator, began his report by enumerating the items on which Council had requested information at the last meeting. These were; (1) the value of the property in- volved in order to save the sand dunes; (2) any methods for having portions of the area dedicated under the subdivision act; (3) avail- ability or possibility of obtaining federal funds toward purchase of the property; (4) the procedures for having a bond issue to purchase the property. Mr. Warden stated that in obtaining the information desired by the Council, there were several guidelines taken into consider- ation. First, it was understood that a north -south route was desired in order to obtain better circulation throughout the City. Second, the road should serve as a barrier between private and public property. Third, that damage to the dunes be minimized, and fourth, that any such north -south road should be at a minimum cost to the City. Mr. Warden posted a map which designated five alternate routes for the Council's consideration. Mr. Warden explained where the various routes entered and exited in the area and the advantages and disadvantages of each. He stated that the guideline value of the property involved in order to save the dunes completely, would be between $310,000.00 and $350,000.00. This is not taking into consideration what the property owner feels it is worth; it is a rough estimate. The amount of land involved would be about fifteen acres. The City could possibly obtain federal funding programs through the Department of Interior or HEW, but would have to pay 50% of the cost. It takes anywhere.from three months to a year to obtain such funding. Also, the Council should consider, if it wishes to completely save the dunes, the public's access rights across Mr. Den-Dulk's property. Mr. Warden stated that there has been no dedication of "54th Street". It is a fictional street and has no legal basis. In regards to having the area dedicated under the subdivision ordinance, the ordinance states the requirement of two acres of dedication for every fifty, and, as there are approximately seventy to seventy-five acres involved, only three acres would be dedicated to the City which would leave approximately eleven of the fifteen acres to be purchased. The three acres can be required if consistant with an approved park and recreation plan. In the event there is no approved park and recreation program for the area, the subdivision ordinance does allow for $100.00 per dwelling unit in the subdivision to be assessed against the property and that amount of money must be put into a park and recreation fund. Assuming there would be 370 dwellings, this would put $37,000 in the fund for parks and re- creation. This would not necessarily save the sand dunes, because MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 27, 1972 Page Four that property would still be privately held. At any rate, Mr. Den- Dulk has not come before the city with a subdivision proposal and there is no way of knowing his plans as far as density is concerned and, consequently, application of the subdivision ordinance would be problematical. It was noted that the school district has made no commitments; mainly because it has not been asked to do so. Mayor Mitchell asked Mr. LeSage to report on his findings on this matter. Mr. LeSage stated that if constructed along "54th Street", the road would have to be paid for through a general obligation bond. The Council also wanted to know whether there has been a subdivision of the Den -bulk property, and if a dedication could be'required because of it. Mr. LeSage said that there has been a split, but it is not the type of subdivision of which the ordinance would require dedication. Mr. LeSage then reported on the status: of "54th Street". He stated that there has been no offer or acceptance of dedication of that street. It is a fiction as far as being an existing street. Mr. Rogoway clarified the subdivision ordinance in regards to density in this area. Mayor Mitchell called upon Mr. Den -bulk to make a presentation. Mr. Den -bulk informed the Council as to how he obtained the property and it's history since. He felt that from the standpoint of access and circulation along with the least cost to the City, the road along the boundary line would be the best route. Councilman Keiser asked Mr. Den -bulk how he felt about the route which would curve slightly into his property so as to avoid damage to two of the larger sand dunes. The amount of property between proposed road #2 and Mr. Den-Dulk's property is approximately two acres. Mr. Den -bulk stated that he would be willing to negotiate dedication of this area as long as he would not have to dedicate more land in the future, should he decide to subdivide, in excess of that required by the subdivision ordinance. It was noted that even if the Council decided on a different route rather than through the sand dunes, Mr. Den -bulk would still own that property and could build on it when and if he sees fit. Comments were heard from Joseph Giannini, James Maul, Willard McGonagill, Judge Schenk, and Bill Boehm. MOTION: Mayor Mitchell moved that Council go on record as favoring a generally north -south roadway which would go along the western side of the private property and which would preserve as many dunes as possible. Staff was to be directed to meet and negotiate with the owners of the property, keeping in mind any possible re- ductions of density which might be proposed and submit to Council an agreement which might be entered into so that as many dunes as possible would be preserved and have dedicated to the City, in whichever way can be worked out, the property west of the roadway. This agreement should consider, as well, the size of the right of way which.would be necessary to include proper MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 27, 1972 Page Five sloping or any other factors that would be necessary to assure a sufficient size roadway. The motion was seconded by Council McConaghay. Mr. Veesart asked the Mayor why the Council did not favor the "54th Street" route. Mayor Mitchell stated that first of all, some- one besides the developer would have to pay for the road, which would mean the city. Also, this road would not save the dunes because the property owner would still own them and be able to construct on them. Councilman McConaghay pointed out that the Council committed themselves to finding an easy access to the beach when they passed the ordinance banning vehicles from the beach. The motion was carried unanimously. RECESS 9:32 p.m. RECONVENED 9:45 p.m. A-4 Hearing on vehicle abatement Mayor Mitchell presented the abatement of a vehicle registered in the name of Raleigh R. DeGraft. This was a 1959 Chrysler removed from the property of Mr. R. D. Kurtz. Mayor Mitchell declared the public hearing open at 9:46 p.m. and called for presentations. Mr. Warden stated that he was in receipt of correspondence from Mr. Kurtz denying ownership of this vehicle. Mayor Mitchell declared the hearing closed at 9:47 p.m. MOTION: Councilman Donohoo moved that the vehicle be abated in accordance with the vehicle abatement ordinance and that the registered owner of the vehicle be notified of the charges. The motion was seconded by Mayor Mitchell and unanimously carried. UNFINISHED BUSINESS B-1 Status of convenience store - American West recreational vehicle park Mayor Mitchell stated that the Planning Commission has requested of the Council to make a zoning designation of the American West recreational vehicle park area in consideration of the convenience store to be located there. The Planning Commission had made a motion that if the City Council considers the store an R-4 use, the Planning Commission finds in advance of that determination that the convenience store is a proper accessory use. Mr. Rogoway, Planning Director was present to explain on the Planning Commission views. MOTION: Mayor Mitchell moved that the Council assign the zoning designation of "R" to the recreational vehicle park area. The motion was seconded by Councilman Donohoo and unanimously carried. 0 MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL March 27, 1972 B-2 Organizations to be represented on Underground Utilities and Downtown Parking Committees Mayor Mitchell stated that Staff was requesting the names of the specific organizations Council wished to have represented on the committees. Staff was directed to request Pacific Telephone Company, Pacific Gas and Electric Company, the Planning Commission, planning staff, Chamber of Commerce, Downtown Merchants Association, Motel Owners Association, realtors, and Central California Communications Corpor- ation, to appoint representatives for the Underground Utilities Committee. The Chamber of Commerce, Downtown Merchants Association, a representative from the Embarcadero area, Planning Commission and staff, Motel Owners Association and realtors were chosen as organ- izations to select representatives for the Downtown Parking Committee. B-3 Disposal of city property on the corner of Elena and Hemlock Streets Mayor Mitchell stated that the Council had previously authorized Staff to contact Mr. Smith, the owner of the property next to the City lot on Hemlock, and offer the city property to him for $2,500.00. The City had subsequently received a letter from this gentleman stating that he did not wish to purchase the property for that amount, but would like to bid on it should the Council put it up for bids. Mr. Warden stated that although the lot is too small for an actual park, it could be retained by the City for a mini park, for the people in that area, with benches and landscaping. MOTION: Councilman Keiser moved that the City retain the lot on the corner of Elena and Hemlock Streets for a possible mini -park. The motion was seconded by Councilman McConaghay. Councilman Keiser suggested that perhaps some organizations in the community would like to volunteer their services for developing the landscaping of this park. The motion was unanimously carried. B-4 Request of Morro Bay Fire Fighters Association to use city property to conduct a circus Mayor Mitchell stated that the Fire Fighters were requesting the use of city property on the Embarcadero to conduct a Big John A. Strong Circus on April 24th. The circus had been researched quite thoroughly by Mr. Warden and the Police Department and there didn't appear to be any reason why the circus should not be allowed. MOTION: Councilman Donohoo moved that the request of Morro Bay Fire Fighters to conduct a circus be granted in accordance with the provisions of the standard use permit. The motion was seconded by Mayor Mitchell and unanimously carried. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 21, 1972 Page Seven B-5 Request of Frank and Naomi Brebes to transfer leasehold: interests in Lease Site No. 18 Mayor Mitchell stated that this was a request made of the Council at a previous meeting at which time the Council had referred it to the Planning Commission for determination on lease use by the assignees. The Planning Commission had since approved the use of restaurant for this lease site and it was being returned to Council for assignment. MOTION: Councilman McConaghay moved that Staff proceed with the assignment of Lease Site No. 18 from Frank and Naomi Brebes to George Baier and Ronald Myers. The motion was seconded by Councilman Donohoo. Mayor Mitchell suggested that the next item on the agenda be considered along with this as it was a request from the assignees. B-6 Request of George Baier and Ronald Myers for approval of use and for permission to negotiate lease with City MOTION: Councilman McConaghay amended his motion to indicate that Staff be directed to proceed with the assignment of Lease Site No. 18 from Frank and Naomi Brebes to George Baier and Ronald Myers and also that Staff be directed to negotiate with the assignees for a new lease. Councilman Donohoo accepted the amendment and the motion was unanimously carried. B-7 RESOLUTION NO. 20-72. Proposed resolution supporting U. S. Senate Bill 3027 designating Lopez Canyon as a Wilderness Area Mayor Mitchell stated that Council had directed Staff to prepare a resolution supporting SB 3027 designating Lopez Canyon as Wilder- ness Area at the last Council meeting where representatives of the Forestry Service had made a presentation against this designation. MOTION: Councilman McConaghay moved that Resolution No. 20-72 be r read by title only. The motion was seconded by Councilman Walters and unanimously carried. Mr. Warden read Resolution No. 20-72 by title only. MOTION: Councilman McConaghay moved for the adoption of Resolution No. 20-72. The motion was seconded by Councilman Keiser. Councilman Donohoo stated that since the Forestry Service is responsible for the safety of the area and since they are in opposi- tion to the wilderness area designation, that he was going to vote against the resolution. The motion carried on the following roll call vote. AYES: Councilmen Keiser, McConaghay, Walters and Mayor Mitchell NOES: Councilman Donohoo B-8 Approval of Agreement with Woods Animal Shelter for Fiscal Year 1972-73 0 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 27, 1972 Page Eight Mayor Mitchell stated that this item was discussed at the Mayor's Meeting recently and it was the general consensus that the agreement should be drawn and signed right away. MOTION: Councilman Donohoo moved that Staff be authorized to execute the agreement between the City of Morro Bay and Woods Animal Shelter Society for the 1972- 73 Fiscal Year. The motion was seconded by Mayor Mitchell and unanimously carried. B-9 Proposed resolution assigning Lease Site No. 29 - Pierpoint to Brebes MOTION: Councilman Donohoo moved that proposed Resolution No. 21-72 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Warden read Resolution No. 21-72 by title only. Mr. LeSage stated that missing from this resolution was the assignment from Pierpoint'= to Brebes as required in the resolution. Mayor Mitchell felt that the item should be deferred until this assignment was received. B-10 Proposed resolution assigning Lease Site No. 29 - Brebes to Brebes Ocean House This item was deferred also pending the above. B-11 RESOLUTION NO. 21-72. Resolution assigning leases of Carver and Lindwall to the Estate of Laurance,F. Carver. Mayor Mitchell stated that this matter had been discussed at the Council's previous meeting and Staff was directed to prepare this resolution. MOTION: Councilman McConaghay moved that Resolution No. 21-72 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Warden read Resolution No. 21-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 21-72. The motion was seconded by Mayor Mitchell and unanimously carried by roll call vote. B-12 RESOLUTION NO. 22-72. Resolution ordering the canvass of the election to be held April 11, 1972 Mayor Mitchell explained that this resolution provides for the certification of the results of the election. MOTION: Councilman Donohoo moved that Resolution No. 22-72 be read by title only. The motion was seconded by Councilman Walters and unanimously carried. Mr. Warden read Resolution No. 22-72 by title only. MOTION: Councilman Walters moved for the adoption of Resolution No. 22-72. The motion was seconded by Councilman Donohoo and unanimously carried. B-13 RESOLUTION NO.'23-72. Resolution approving the granting of a Use Permit to Kiwanis Club to hold annual Easter Sunrise Services MOTION: Councilman Donohoo moved that Resolution No. 23-72 be read by title only. The motion was seconded by Councilman Walters and unanimously carried. Mr. Warden read Resolution No. 23-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 23-72. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. 0 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 21, 1972 Page Nine NEW BUSINESS C_-1 Request of Orval Leage to lease, for marina purposes, Lease Sites No. 35W and 36W Mayor Mitchell stated that this is a request for lease of the water area in front of the land Mr. Leage owns. He plans to construct a marina basically for commercial fishermen and the use has already been approved by the Planning Commission. MOTION: Councilman Donohoo moved that Staff be authorized to negotiate with Mr. Leage for the requested lease. The motion was seconded by Councilman Keiser. Mr. Warden stated that the lease should be conditioned on approval by the Corps of Engineers and if they failed to give approval, the lease revert back to the City. Councilman Donohoo amended his motion so that Staff would also be directed to provide in the Lease the condition that if the marina is disapproved by any agency required to give approval, the water area would revert back to the City. Councilman Keiser accepted the amendment and it was carried unanimously. C-2 Claim for damages by Andrew W. (Pete) Gardner Mayor Mitchell stated that this was a claim for damages because of a city sewer line blockage causing damage in Mr. Gardner's home. Mayor Mitchell informed Mr. Gardner that although the Council's policy is to deny all claims, it does not necessarily mean that the City will not pay for damages. It merely enables the insurance company to act on the matter without an admission on the part of the City that they are liable. MOTION: Councilman Donohoo moved that the claim be denied. The motion was seconded by Councilman Walters and unanimously carried. C-3 Request of Youth Council to light Morro Bay Boulevard Park Mayor Mitchell stated that this request is from the Youth Council who feels that the City Park on Morro Bay Boulevard should be lighted so that the youth of the town may conduct activities during the evening. MOTION: Councilman Donohoo moved that this matter be deferred until budget time. The motion was seconded by Councilman Keiser. Councilman McConaghay suggested that this matter be -referred to the Department of Public Works so that Doug Stuart could work it into his budget and compute the costs. Councilman Donohoo amended his motion to indicate that the matter be referred to the Public Works Department for consideration at budget time. Council- man Keiser accepted the amendment and it was unani- mously carried. E MINUTES - MORRO Regular Meeting Page Ten BAY CITY COUNCIL March 27, 1972 C-4 Request of James P. Eddy for renewal of lease on Lease Sites No. 90 and 90W Mr. Warden stated that there had been correspondence with Mr. Eddy regarding the renewal of this lease, and since Staff had not heard from Mr. Eddy as to his wishes on the renewal, it would be appropriate to renew the lease on a five year basis in order to give time for negotiations. Mr. Eddy could either have his im- provements reappraised by the County which would possibly make his taxes go up, but he would be in a position to negotiate for a longer lease term, or he could negotiate with the City for a new City lease. Mr. Eddy was present and stated that the five year extension would not give him enough time to amortize any improvements he might make on the property. He feels he needs a longer extension so he can get out of the improvements what he puts into them. Mr. Warden suggested that the Council approve the five year extension so it will give Mr. Eddy time to decide how he wants to go about a longer extension, as his present lease expires April 9th. MOTION: Mayor Mitchell moved that Council grant an extension of five years to James P. Eddy for Lease Sites No. 90 and 90W. The motion was seconded by Councilman Donohoo and unanimously carried. MOTION: Mayor Mitchell moved that the necessary changes be made in the present lease to allow for the extension. The motion was seconded by Councilman Donohoo and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Mayor Mitchell felt that a letter should be directed to the Division of Highways requesting them to landscape the freeway area throughout the City. MOTION: Mayor Mitchell moved that Staff be directed to write to the Division of Highways regarding this matter on the Council's behalf. The motion was seconded by Councilman McConaghay and unanimously carried. (2) Mayor Mitchell felt that the Council should assert itself on record as to their position on Proposition A and made the following motion: MOTION: Mayor Mitchell moved that the Council go on record as affirming its position in relation to Proposition A on the grounds that its adoption would be extremely detrimental to the best interests of the City and to all of its citizens and that the Council urges a vote of "no" on this proposition by the voters. The motion was seconded by Councilman Keiser and unanimously carried. (3) Council McConaghay expressed his concern about the speed- ing that has been taking place on Morro Bay Boulevard. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 27, 1972 Page Eleven He requested that the Police Department give this section more radar coverage so as to put a stop to the excessive speeding before some- one is injured. (4) Councilman McConaghay stated that the City of San Luis Obispo has adopted an ordinance limiting the number of service stations in the city and he feels that the City of Morro Bay should look into this and perhaps adopt a similar ordinance. The number of service stations could be limited according to the population. MOTION: Councilman McConaghay moved that Staff and the Planning Commission meet and investigate the possibility of limiting the number of service stations within the City of Morro Bay and come back to the Council with recommendations and appropriateness of such an ordinance. The motion was seconded by Mayor Mitchell and unanimously carried. D-2 City Attorney Mr. LeSage had nothing to report at this time. D-3 City Administrator (1) Mr. Warden reported on a conversation with Mr. Surfluh in which he gave his regrets to the Council that he was unable to attend the meeting to report on the Water Advisory Board's activi- ties. He stated that he feels the report should be made after adop- tion by'the..Board:of Supervisors of the CDM Water Study when he will have more to say. Councilman Keiser expressed her disappointment in Mr. Surfluh's absence and requested that Doug Stuart make a report to Council instead as tie is also on this board. Mr. Stuart gave a brief report as to the Water Advisory Board's considerations. Comments were heard from Dan Stack. (2) Mr. Warden stated that he had received a request from James Campbell for permission to conduct a rally for City Council candidate Ernest Maltby in the Morro Bay Boulevard City Park, on - April loth. Mr. Campbell, representing the committee to elect Ernest Maltby, has been advised of the insurance requirements, etc., and a use permit could be granted with Council's approval. MOTION: Councilman Donohoo moved that a use permit be granted to James Campbell to conduct a rally in the Morro Bay Boulevard City Park on April loth. The motion was seconded by Councilman McConaghay and unanimously carried. (3) Mr. Warden presented to the Council a request from the Planning Commission for permission to attend the Monterey County Planning Council Annual Conference April 8, 1972, at the LaPlaya Hotel, Carmel, California. Mr. Warden stated that although the Planning Commission does not have enough in their travel ex- penditure account to cover this expense, it could be taken from another MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 21, 1972 Page Twelve account and they would not be overdrawn in their total budget. MOTION: Councilman Donohoo moved that the Planning Commission be allowed to attend the Monterey County Planning Council Annual Conference on April 8, 1972. The motion was seconded by Councilman Keiser and unani- mously carried. (4) Mr. Warden presented a transfer voucher for the transfer of funds from unbudgeted reserve to cover the cost of appraisals requested by the Council and from equipment replacement reserve to cover the cost of the Dodge Crew .truck for the water department. MOTION: Councilman McConaghay moved for approval of Transfer Voucher No. 1-2-19. The motion was seconded by Council- man Donohoo and unanimously carried. (5) Mr. Warden presented the Expenditure Report for the period March 1 through 15, 1972. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period March 1 through 15, 1972. The motion was seconded by Councilman Keiser and unanimously carried. (6) Mr. Warden presented the Financial Report for the period July 1, 1972 through February 29, 1972. MOTION: Councilman McConaghay moved for approval of the Financial Report for the period July 1, 197•J; through February 29, 1972. The motion was seconded by Councilman Donohoo and unanimously carried. (7) Mr. Warden presented an excerpt from the Los Angeles Times, March 19, 1972 regarding a speech of a staff member of the United States Department of Interior announcing a policy to ban dredging in Morro Bay and other California harbors. Since the speech directly concerned itself with Morro Bay, Mr. Warden felt the Council might want to clarify this matter by inquiry to the Department of Interior. MOTION: Mayor Mitchell moved that Staff be directed to address appropriate correspondence to the,Department of Interior and the Corps of Engineers regarding the ban on dredging bays. The motion was seconded by Councilman Donohoo and unanimously carried. (8) Mr. Warden reminded the Council ing to Saturday, April 1, 1972, applicants -:for Chief of Police. CORRESPONDENCE to adjourn tonight's meet - for the interviewing of 1. Letter from the Parks and Recreation Commission requesting approval of the appointing of Herm Penland, Vice -Principal of Morro Bay High School, as ex-officio member representing the Morro Bay School District and to act as liaison between the school and MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 27, 1972 Page Thirteen the Parks and Recreation Commission. MOTION: Councilman Keiser moved that Mr. Penland be appointed to the Parks and Recreation Commission as an ex-officio member. The motion was seconded by Councilman McConaghay and unanimously carried. 2. Correspondence from the Traffic Safety Committee regarding a mini -bike trail, a stop sign at San Jacinto, and some bushes to be removed on the highway. MOTION: Councilman McConaghay moved that Staff be directed to correspond with the Division of Highways and take appropriate action as requested -.by the Traffic Safety Committee. The motion was seconded by Councilman Keiser and unanimously carried. 3. Letter from the Vallejo Yacht Club, Inc. complimenting the Morro Bay Yacht Club for services rendered in making one of the Vallejo Yacht Club's members stay a pleasant one. MOTION: Councilman Walters moved that the correspondence be filed. The motion was seconded by Mayor Mitchell and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned to Saturday, April 1, 1972, at 9:30 a.m. to interview applicants for Chief of Police. The motion was second- ed by Mayor Mitchell and unanimously carried. The meeting adjourned at 11:07 p.m. Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING March 13, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of February 28, 1972 HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of representative from Forestry Service regarding Lopez Wilderness Area UNFINISHED BUSINESS B-1 Proposed ordinance entitled "Uninvited Solicitation" B-2 Set date to interview police chief applicants B-3 Request of John Wollenweber to lease oyster allotments B-4 Reset date for environmental movie (Suggested dates - Tuesday, March 21 or 28 and Friday, March 31) NEW BUSINESS C-1 Resolution adopting a budget calendar - 1972-73 Fiscal Year C-2 Woods Animal Shelter - Renewal of contract C-3 Request of attorney Ray Gallo representing Frank and Naomi Brebes for assignment of Lease Site No. 29 C-4 Request of Frank and Naomi Brebes to assign leasehold interests in Lease Site No. 18 C-5 Request of Charles E. Ogle representing estates of Carl V. Lindwall and Laurence F. Carver for transfer of leasehold interests C-6 Request of Morro Bay Kiwanis Club for use permit to conduct annual Easter Sunrise Services C-7 Atascadero Road - Azure Street road alignment INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 13, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Councilman McConaghay gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Mayor Mitchell ABSENT: None MINUTES Keiser, McConaghay, Walters and The minutes of the regular meeting of February 28, 1972 were considered by the Council. Councilman McConaghay stated that under Individual Determination and/or Action where the Council was discussing committees for Under- ground Utilities and Downtown Parking, the Council had determined that members from various organizations in town should be invited to select representatives to be on these committees also. He felt the minutes should be corrected to reflect the Council's wishes. Mayor Mitchell stated that there was also an error on page one under Item A-1, paragraph three. The last word "use" should be changed to "conditions". MOTION: Councilman Donohoo moved that the minutes be approved as corrected. The motion was seconded by Mayor Mitchell and unanimously carried. Councilman Keiser wished the Council to reflect for a moment upon the death of Eleanore Chambers, Deputy Mayor for the City of Los Angeles. She stated that Mrs. Chambers was a very dear friend of her's and of the City of Morro Bay and that throughout the years, Eleanore Chambers has done many helpful things for the City of Morro Bay. It was through her that Miss Morro Bay was treated so royally in Los Angeles last year. She has arranged many things for the City in her capacity as Deputy Mayor for the City of Los Angeles. MOTION: Councilman Keiser moved that a letter of sympathy be sent to Mayor Sam Yorty of Los Angeles because of the death of Deputy Mayor, Eleanore Chambers. The motion was seconded by Mayor Mitchell and unani- mously carried. Councilman Keiser requested that the letter be prepared for the signature of all Councilmen. HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of representative from the United States Forestry Service regarding Lopez Wilderness Area Mayor Mitchell stated that this item was on the agenda at the request of the Council resulting from a presentation from the Sierra Club requesting the Council to endorse a wilderness area for the Lopez Canyon Area. The Council had requested to hear both sides of MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 13, 1972 Page Two the issue and had invited the Forestry Service to the meeting for a presentation. Mr. Will Griffen, District Ranger for the Santa Maria Ranger District, presented to the Council a map outlining the watershed area under the jurisdiction of the Forestry Service. He also showed the Council the proposed wilderness area, the proposed scenic area, and the area where fire has spread into the Lopez Canyon area in the past. Mr. Griffen stated that the concept of a wilderness area was to be absolutely without man made improvements of any kind. This means no roads, no public facilities, no power lines, etc. He stated that this area already has a number of man made improvements and to designate it a wilderness area at this time would dilute the concept of a wilderness area. He proposed that the area be designated a scenic area, which would basically keep the area as it is except for a fuel break the Forestry Service wishes to construct in order to prevent a fire from spreading. A wilderness area would prevent them from constructing this and handicap them in the event of a fire. He stated that hunting and fishing is allowed in both areas, the difference being in the wilderness area you must get out of a car and walk. Councilman McConaghay stated that the difference between the wilderness area and the scenic area was that the scenic area would cost the County money to develop and maintain whereas the wilderness area would not. He also stated that there was a provision in :the wilderness area plan that*.would allow the building of roads. Sam Alfonto, Recreational Officer for the Los Padres National Forest in Santa Barbara, stated that permission for such roads would have to be derived from the President. He stated that the Forest Service is concerned with the protection of this area. Several people spoke for the designation of this area as a wilderness area. One of them was Mr. Miossi who spoke to the Council the last time this matter was before them. He urged the Council to endorse SB 3027 for the designation of the Lopez Canyon Area as a wilderness area. He stated that this is 21,000 acres which should be preserved in its natural state. He said that their main objective right now is to push this matter to the point of hearings, and that's where the issue will be decided. MOTION: Mayor Mitchell moved that Staff be directed to prepare a resolution in support of the wilder- ness area for Lopez Canyon along the same lines as the City of San Luis Obispo's resolution. Councilman McConaghay stated that he wished to study the position of the Forestry Service more thoroughly and review the literature they have on the matter before making a decision. Staff was directed to place this matter on the agenda of the next regular Council meeting with a sample resolution. RECESS 9:02 p.m. RECONVENED 9:12 p.m. 0 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 13, 1972 Page Three UNFINISHED BUSINESS B-1 Proposed ordinance entitled "Uninvited Solicitation" Mayor Mitchell stated that this matter was on the agenda tonight at the direction of Council. It prohibited door to door selling with certian exceptions. Councilman Keiser stated that she was concerned about the various Camp Fire Girls, Girl Scouts, Boy Scouts, etc., who sell cookies or candy annually. It was noted that the ordinance provides exceptions for charitable, youth, educational, civic, fraternal or similar organizations. Several people spoke against the ordinance stating that it was not fair to exclude some people from their businesses. They felt that because they were required to buy a $25.00 business license, the City could not eliminate their business. Mr. Little read proposed Ordinance No. 103 in its entirety. Dave Vienna, editor of the Bulletin, asked what effect this would have on newsboys that solicit') subscriptions door to door. Mr. LeSage stated that the proposed ordinance does not exclude them. It was noted that people were allowed to solicit if invited on the premises. Mayor Mitchell felt that services should be listed as one of the items against the law to solicit". - Joseph Giannini suggested that the solicitors be required to register with the Police Department and that the Police Department issue a permit and set a time during which they could solicit; perhaps from 9:00 a.m. to 5:00 p.m. MOTION: Councilman Keiser moved that the proposed ordinance be referred back to Staff for further study. The motion was seconded by Councilman Donohoo. Mayor Mitchell thought that perhaps a committee of Councilmen and Staff should be appointed to study this matter. Councilman Keiser withdrew her motion and Councilman Donohoo his second MOTION: Mayor Mitchell moved that a committee be established to meet with Staff and come up with an alternate proposal to this ordinance so that Council can ade- quately consider the problems involved and suggest a solution for them. The motion was seconded by Councilman Donohoo and unanimously carried. Mayor Mitchell appointed Councilmen Donohoo and Keiser to this committee. B-2 Set date to interview Police Chief applicants Mr. Little stated that the last day for accepting applications • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 13, 1972 Page Four for Chief of Police is March 15, 1972. He 'suggested Saturday, April 1, 1972, for interviewing the selected applicants. MOTION: Councilman Donohoo moved that April 1st, at 9:00 a.m. in the City Hall Conference Room be set for interviewing applicants for Chief of Police and that the next regular Council meeting be adjourned to this date. The motion was seconded by Mayor Mitchell and uanimously carried. B-3 Request of John Wollenweber to lease oyster allotments Mayor Mitchell stated that a letter had been received from Mr. Wollenweber requesting a lease to 101 acres of oyster beds belonging to the City of Morro Bay. These beds would be periodi- cally inspected by the State. It was noted that the State leases allotments at the rate of $1.00 per acre plus .02� per gallon.. Mr. Wollenweber was present to make his request to the Council. Mayor Mitchell asked if there would be a provision in the lease regarding the public's right to right-of-way. Mr. Wollenweber stated that the Council could follow the State's Department of Fish and Game provisions in this matter as they pro- vided for the people's right-of-way. Wayne Bickford asked several questions of Mr. Wollenweber and Mr. Johnson, his partner. He wanted to know why they required the 101 acres when they could only use a limited amount of the area. Mr. Johnson stated that because of the way the oyster beds must be planted, it is necessary to acquire the 101 acres. Mr. Bickford also stated that according to the Department of Fish and Game regulations, the public is not allowed on the area except when it is covered by water. It•was felt that this could be provided for in the lease between Mr. Wollenweber and Johnson and the City of Morro Bay. MOTION: Mayor Mitchell moved that Staff be authorized to negotiate a lease for the oyster allotment area and to report to Council concerning the possibility of wording the lease to fit into the actual areas where oysters would be grown and also that the lease include a provision to allow greater access to the public than is set forth in the Fish & Game law con- sidering the lessee's right to use the area. This is to be under the same terms as the State leases for allotments which is $1.00 per acre and .02C per gallon." - The motion was seconded by Council- man Keiser and unanimously carried. B-4 Reset date for environmental movie Mr. Little stated that the Council had originally set March 24th to see this movie, but Staff had subsequently found that that date MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 13, 1972 Page Five had been reserved for a special recreational activity. Mayor Mitchell felt that Tuesday, March 28th, would be a good date to show the movie. MOTION: Mayor Mitchell moved that the date for Mr. Maul to show the environmental movie be changed to March 28th at 7:30 p.m. in the Morro Bay Recreation Hall. The motion was seconded by Councilman McConaghay and unanimously carried. NEW BUSINESS C-1 RESOLUTION NO. 19-72. Resolution adopting a budget calendar - 1972-73 Fiscal Year Mayor Mitchell stated that this was a yearly resolution presented at this time in preparation for budget sessions. MOTION: Councilman Donohoo moved that Resolution No. 19-72 be read by title only. Thel:motion was seconded by Councilman McConaghay and unani- mously carried. Mr. Little read Resolution No. 19-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 19-72. The motion was seconded by Mayor Mitchell and unanimously carried by roll call vote. C-2 Woods Animal Shelter - Renewal of contract Mr. Little stated that this matter was,going to be discussed at the Mayor's meeting on Wednesday and suggested that it be tabled until after the discussions there. MOTION: Councilman McConaghay moved that the letter from Woods Animal Shelter be acknowledged and that the matter be slated for the next regular meeting of the Council. The motion was seconded by Council- man Walters and unanimously carried. C-3 Request of Attorney Ray Gallo representing Frank and Naomi Brebes for assignment of Lease Site No. 29 Mayor Mitchell stated that this was a request to resind a pre- vious resolution passed by Council assigning the Brebes lease to Pierpoint Landing and re -assigning it to Frank and Naomi Brebes. City Attorney, Mike LeSage requested that this matter be post- poned until the next regular Council meeting as he was currently trying to resolve it with Mr. Gallo. Mr. Little stated that Mr. LeSage was concerned because it is unclear as to whether the City can assign the lease site without the release of Pierpoint Landing. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 13, 1972 Page Six Council directed that the matter be scheduled for the next regular Council meeting. C-4 Request of Frank and Naomi Brebes to assign leasehold interests in Lease Site No. 18 Mayor Mitchell stated that this is a request from Frank and Naomi Brebes to assign their leasehold interest in Lease Site No. 18 to George Baier, Ronald Myers and James Green. He said it was his understanding that the assignees plan to use the lease site for a restaurant which would warrent its referral to the Planning Commi- ssion before the Council approved assignment. MOTION: Mayor Mitchell moved that this matter be referred to the Planning Commission as to the use, which in this case would be a restaurant. The motion was seconded by Councilman Donohoo and unanimously carried. C-5 Request of Charles E. Ogle representing estates of Carl V. Lindwall and Laurence F. Carver for transfer of leasehold interests Mayor Mitchell stated that this request is a result of the part- nership between Carl V. Lindwall and Laurence F. Carver. The agree- ment stipulated that the interests in the lease site would be sold to the partner should one of them die. Mr. Lindwall died in spring of 1970 and Mr. Carver in the fall of the same -year. Mr. Carver's estate subsequently purchased Mr. Lindwall's interests in the lease site. The Council, in December of 1971, passed a resolution amending the lease for development plans, giving the estate an extension of one year. The problem now being,'who is to sign the amendment. Mr. Ogle is requesting that the Council transfer the leases to the estate of Laurence F. Carver so that it will enable the executrix to sign. MOTION: Councilman McConaghay moved that Staff be authorized to draw the necessary documents for the transfer of leasehold interest in Lease Sites No. 105.3W, 106W, 107W, 108W, 110W, 111W, and 112W to the estate of Laurence F. Carver. The motion was seconded by Councilman Donohoo and unanimously carried. C-6 Request of Morro Bay Kiwanis Club for use permit to conduct annual Easter Sunrise Services Mayor Mitchell stated that this was an annual event put on by the Kiwanis Club to conduct Easter Sunrise Services at Morro Rock. MOTION: Councilman Donohoo moved that the City Administrator be authorized to issue a use permit to the Kiwanis Club to conduct their annual Easter Sunrise Services at Morro'Rock. The motion was seconded by Council- man Keiser and unanimously carried. C-7 Atascadero Road - Azure Street road alignment Mayor Mitchell presented the memo from Mr. Little regarding the road alignment from Atascadero Road to Azure Street to accomo- MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 13, 1972 Page Seven date the recreational vehicle park intended for the property between these two points. Mayor Mitchell stated that the Planning Commission had approved the road up to the southern point of the vehicle park, but that they felt they had no authority to determine the alignment from that point. Also, the school district's granting of an easement is contingent on the road continuing through to Azure Street. Mr. Little has recommended that an assessment district be formed in or- der to construct the road. The developers have requested that they be allowed to begin construction and they plan to build a temporary road until the align- ment is decided. Lengthy discussion ensued with comments from Shirley Fisher, Willard McGonagill, Joseph Giannini, Mrs. Bell, Mr. Spiers, and Mrs. Walling. At the conclusion, Staff was directed to look into the following: 1. The value of the property involved in order to save the sand. -.'dunes. 2. Any methods for having portions of the area dedicated under the subdivision act. 3. Availability or possibility of obtaining federal funds toward purchase of the property. 4. The procedures for having a bond issue to purchase the property. Mr. LeSage was directed to find out what is required insofar as setting aside of property by the developer; whether or not the sale of this property makes it a subdivision and, if so, what is required. He was also requested to find out the status of 54th Street as a possible means of access and of preserving whatever existing rights the public may have. This information was requested to.be brought before the Council at the next meeting so that some decisions can be readhed. INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council (1) Councilman Keiser requested information regarding the Water Advisory Board meeting schedule. Mr. Little had spoken with Mr. Surfluh and in Mr. Surfluh's opinion, because of recent developements in the desalting of a plant for Diablo, there is presently nothing that can be done. Councilman Keiser requested that Mr. Surfluh be asked to report to the Council regarding this matter. (2) Mayor Mitchell stated that he had noticed the concern of citizens regarding the cutting down of trees in the shopping center that is being constructed on Morro Bay Boulevard and Quintana Road. He asked if the Council could request a report 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 13, 1972 Page Eight from'.the Planning Commission as to why these trees were being allowed to be cut down. Mr. Giannini stated that he had spoken with members of the Planning Commission and they had not thought about the trees in making the agreement, so there were no provisions for cutting or not cutting them down. Mayor Mitchell felt that the developers should then be cont- tacted advising them of the Council's feelings in this matter and asking that they give consideration to allowing the trees to stand if possible. MOTION: Mayor Mitchell moved that the Council go on record to request that the developers attempt to work their plan out so that they could preserve the trees. The motion was seconded by Councilman Keiser and unanimously carried. (3) Mayor Mitchell stated that he had.two things that Mr. Giannini wished him to bring up. One was the consider- ation of obtaining wider tires for the 4-wheel drive truck operated by the Harbor Division. Mr. Giannini stated that on a recent rescue, the harbor patrol had a very difficult time with their narrow tires on the beach. He felt that it was in the interest of safety that some better and wider tires be purchased. The other matter was the absence of a weather report in the City. Mr. Giannini stated that the Coast Guard used to provide one but doesn't anymore. He receives numerous calls during the week asking the weather conditions. Doug Stuart, Public Works Director, informed the Council that the Public Works Department provided a daily weather report which is posted inside the Public Works Office and on the bulletin board bn the T-Pier maintained by the.P.ublic Works Office. (4) Councilman McConaghay read an excerpt from Better Homes & Gardens written by Burton Hillis, which he felt the Council might be interested in. D_2 City Attorney (1) Mr. LeSage reported that May Pipkin had filed an appeal in the quiet title suit. D-3 City Administrator (1) Mr. Little had an appropriation transfer request for consideration of the Council, but since the Council had not received copies of the transfer, the matter was postponed until the next meeting. (2) Mr. Little presented the Expenditure Report for the period February 16 through 29, 1972, for the consideration of the Council. MOTION: Councilman McConaghay moved for approval of the Expenditure Report for the period;February 16 through 29, 1972. The motion was'seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 13, 1972 Page Nine CORRESPONDENCE 1. Letter from the Morro Bay Fire Fighters Association requesting use -of city property on the Embarcadero for conducting a circus on April 24th. ". Mr. Little stated that he would find out more about this and present the request to the Council at their next meeting. 2. Letter from Assemblyman W. Don MacGillivray regarding Camp San Luis Obispo land acquisiton. 3. Letter from Supervisor Elston L. Kidwell regarding Camp San Luis Obispo land acquisition. 4. Letter from Pacific.Telephone Company regarding Underground Utilities. 5. Telegram from Senator Alan Cranston regarding Camp San Luis Obispo land acquisition. 6. Letter from Morro -Coast Multiple Listing Service recommending to the Council the hiring of a City Planning Director. 7. Letter from San Luis Obispo Sportsman's Association, Inc. regarding Lopez Canyon proposed wilderness area Councilman Keiser stated that she would like to see the matter of a City Planning Director discussed during budget sessions. Mr. Little informed the Council that he was going to be out of service next week as he is going into the hospital for a short period. He stated that Mr. Warden, Ass't. City Administrator would be in charge during his absence. ADJOURNMENT MOTION: Councilman Donchoo moved that the meeting be adjourned. The motion was seconded by Councilman Walters and unanimously carried. The meeting adjourned at 11:20 p.m. Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING February 28, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of February 14, 1972 2. Minutes of the regular adjourned meeting of February 22, 1972 3. Minutes of the executive meeting of February 22, 1972 HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of Steve McNichols for clarification of Planning Commission responsibilities in American West development program A-2 Hearing on Priority No. 2 - Curb, gutter and sidewalk program Item 19 UNFINISHED BUSINESS B-1 Improvement District No. 6 proceedings B-2 Ordinance No. 102 - Weed abatement (second reading) B-3 Appraisals of city property NEW BUSINESS C-1 Request for approval of sublease - Brebes to O'Daniels C-2 Request of James Maul to show environmental movie C-3 Resolution 2-72 of the Morro Bay Planning Commission requesting approval of interpretation of zoning ordinance C-4 Request of Virg Moores for lease on Lease Site No. 128W INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence 0 0 MINUTES- MORRO BAY CITY COUNCIL Regular Meeting February 28, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Van Eakes of the Presbyterian Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor Mitchell ABSENT: None MINUTES The minutes of the regular meeting of February 14, 1972, the regular adjourned meeting of February 22, 1972, and the executive meeting of February 22, 1972, were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman McConaghay and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of Steve McNichols for clarification of Planning Commission responsibilities in American West development program Mayor Mitchell stated that Planning Commission chairman Steve McNichols was present to clarify for the Planning Commission the Council's position and decision in the American West (formerly Odekirk) appeal brought before the Council November 22, 1971. Commissioner McNichols stated that there were certain ambigui- ties as to what the scope of review was as directed by the Council. The Planning Commission wanted to know if the Council merely approved the use or the plans of American West as well. The things the Commission wanted clarified were; (1) did the Council designate the placement of the access road; (2) did Council approve the placement of the club house and other facilities; (3) did Council specify or approve the density as planned by American West; (4) did the Council approve the proposed configuration of the plan; (5) is the Planning Commission to set the size and number of small mini -parks to be situated throughout the site; (6) the Commission is not clear as to the status of the 54th Street area - is it to be used in the American West project as a road; (7) is the street to be constructed as a permanent or temporary facility; (8) should the area be zoned as PD R-4 and, if so, he wanted the Council to know that this would not allow the store proposed by American West to be constructed. Mayor Mitchell stated that the Council had just approved the use and proceeded to read the specific motions made by the Council at the meeting where American West presented their appeal. He stated that it was not the Council's intention to restrict the Planning Commission as to conditions. Councilman Donohoo stated that Mr. Spiers, representative from American West, made it quite clear to the Council that they could not operate under any less than fifteen vehicles per acre and that MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 28, 1972 Page Two Council's intent was in line with this. Mayor Mitchell felt that Council could not say that their in- tent was approval of the fifteen vehicles per acre density without the rest of the Council's discussion on the matter being taken as approval because of intent also. Councilman McConaghay felt that perhaps the Council should make a definite decision on the density so that the Planning Commis- sion would know what direction to take. Michael LeSage, City Attorney, stated that if the Planning Commission made an unfavorable decision on density, American West would have the right to appeal their decision. Judge Schenk requested permission to speak and stated that the road proposed by American West in their current plans goes right through the sand dunes. He stated that the Council had been taken advantage of by this company and that they were misled as to what the developers planned to do. Mayor Mitchell stated that no one on the Council had been mis- led or taken advantage of. The Council approved the use and no- thing else. Joseph Giannini stated that he had received a call from Mr. Spers of American West and Mr. Spiers had stated that he is being forced by the City to put the entrance road off Atascadero Road where it will necessarily go through some dunes area. He felt that Council should find the status of 54th Street and use that as an access road rather than disturb the sand dunes. Planning Commissioner Greenelsh, Mrs. Bell, Neil Moses and Mrs. Fisher made comments. After further discussion, Mayor Mitchell stated that although there was no motion, Council members did feel that the fifteen vehicles per area density was feasible. If the Planning Commission felt that it needed to be more or less, they must set the condition. A=2 Hearing on Priority No. 2 - Curb, gutter and sidewalk program - Item 19 Mayor Mitchell explained that this hearing is being conducted because of an error in listing the owner of a piece of property involved in Priority No. 2. He called for presentations regarding the specified property at 8:32 p.m. As there were no presentations, the hearing was closed at 8:32 p.m. MOTION: Mayor Mitchell moved that Staff be authorized to proceed with construction on the above area in accordance with the specifications for Priority No. 2. The motion was seconded by Councilman 'Donohoo and unanimously carried. UNFINISHED BUSINESS B-1 Improvement District No. 6 proceedings MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 28, 1972 Page Three Mr. Ness, representing bond counsel for Improvement District No. 6, was present to inform the Council what was required of them regarding the continuation of this project. He stated that pre- viously, the Council had authorized the engineers to proceed with the preparation of the Engineer's Report. The Council, at this time, should adopt two resolutions. One to adopt the Engineer's report, set a hearing date and call for bids and another to adopt a scale of prevailing wage rates. He stated that all property owners affected will receive notices in the mail. It will also be published in the newspaper and notices will be posted on the property involved every 300 feet. Sam Taylor, City Engineer, was present to go over, with the Council, the area involved in Improvement District No. 6 and what improvements are to take place. RESOLUTION NO. 17-72. Resolution and order preliminarily adopting Engineer s Report, setting public hearing and calling for bids, Improvement District No. 6, City of Morro Bay MOTION: Councilman Donohoo moved that Resolution No. 17-72 be read by title only. This motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Resolution No. 17-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 17-72. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. RESOLUTION NO. 18-72. Resolution adopting scale of prevailing wage rates MOTION: Councilman Donohoo moved that Resolution No. 18-72 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Little read Resolution No. 18-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 18-72. The motion was seconded by Mayor Mitchell and unanimously carried by roll call vote. B-2 ORDINANCE NO. 102. Weed abatement (second reading) MOTION: Councilman McConaghay moved that Ordinance No. 102 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Ordinance No. 102 by title only. MOTION: Councilman Donohoo moved that this constitute the second and final reading of Ordinance No. 102 and that it be adopted. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. • 1 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 28, 1972 Page Four B-3 Appraisals of city property The Council received the appraisal for the property owned by the City on Hemlock Avenue as requested. The appraiser stated that the market value of the lot as of February 21, 1972, is $2500.00. MOTION: Councilman Donohoo moved that Staff be authorized to dispose of this property along the normal pro- ceddres. The motion was seconded by Councilman Walters. Mr. Little wished to point something out to the Council: He felt that it might be to the City's advantage if the Council allowed the gentleman owning the lot north of the subject lot to purchase the property at no less than the appraisal price, because it would allow him to build a sizable home; whereas, if the Council went to bid on the property and another person purchased the lot, only a small building could be constructed. Councilman Donohoo withdrew his motion and Councilman Walters his second. MOTION: Mayor Mitchell moved that Staff contact the gentleman owning the lot immediately north of the subject lot and find out if he wishes to purchase it for $2500.00. The motion was seconded by Councilman Donohoo and unanimously carried. RECESS 8:50 p.m. RECONVENED 9:03 p.m. NEW BUSINESS C-1 Request for approval of sublease - Brebes to O'Daniels Mayor Mitchell stated that Mr. O'Daniels wished to sublease this area for a self service food bar. Staff has suggested that it would be appropriate that, if Council agrees to the assignment, it be referred to the Planning Commission for approval of the uses. MOTION: Councilman Donohoo moved that this matter be referred to the Planning Commission to determine if this is a proper use for this lease site. The motion was seconded by Councilman Walters and unanimously carried. C-2 Request of James Maul to show environmental movie. The Council received a request from Mr. Maul to show a movie entitled "Multiply and Subdue the Earth", which he believes would be extremely interesting to the City Council as•'it points out environmental problems which could affect our City. The suggested date for showing the movie is March 17, 1972, at 7:30 p.m. in the Recreation Hall. It was noted that this date is flexible. Councilman Keiser stated that she could not attend on the'l7th and asked if the showing could be postponed until the 24th of March MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 28, 1972 Page Five at the same time. Council concurred and Staff was directed to con- tact Mr. Maul and see if he was agreeable to :this date. C-3 Resolution No. 2-72 of the Morro Bay Planning Commission re- questing approval of interpretation of zoning ordinance Mayor Mitchell stated that the resolution provided the Planning Commission's interpretation of the zoning ordinance in regards to a palmistry salon being permitted in a C-1 District. The Planning Commission was requesting Council approval of their interpretation. MOTION: Councilman Keiser moved that Council concur with the Planning Commission's interpretation of the zoning ordinance with respect to C-1 Dis- trict. The motion was seconded by Councilman Donohoo and unanimously carried. C-4 Request of Virg Moores for lease on Lease Site No. 128W Mayor Mitchell stated that this was a request for use of the water area immediately north of Mr. Moores present lease site. Mr. Moores intends to erect a commercial building on the area. Mr. Little recommended that the Council refer this matter to the Planning Commission to determine the types of uses to be allowed on this lease site. The lease site should then be put out to bid. MOTION: Councilman McConaghay moved that the matter be referred to the Planning Commission for deter- mination of suitable uses for Lease Site No. 128W. The motion was seconded by Councilman Donohoo and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Donohoo reported on the annual Police and Fireman Awards dinner sponsored by the Elks Lodge of San Luis Obispo. Bradley Kyle received the Policeman of the year award and Stan Thomas the Fireman of the year award for the Morro Bay area. Councilman Donohoo felt that the City Council should express their congratulations to these men and he hoped the news media would make the citizens aware of the fine work these officers are doing for the City. (2) Councilman Donohoo reported on the Coastal Controls meeting in Carpenteria which he and Mr. Little attended last week and discussed various legislation of particular interest to the City. (3) Councilman Donohoo stated that some time last week a group of youths were selling magazines door to door and he had received several phone calls from disturbed citizens. He stated that the Police Department also received over one hundred complaint calls regarding these solicitors. Upon examining the business license ordinance, it was discovered that there is. no provision for uninvited solicitation. He recommended that Staff be authorized MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL February 28, 1972 to draw up an ordinance to regulate this in the future. Mr. Little stated that Staff has obtained a copy of the City of Paso Robles' ordinance regarding uninvited solicitation and they would refer to it when drawing the ordinance for the City. MOTION: Mayor Mitchell moved that Staff be directed to draw up an ordinance regarding uninvited solici- tation for the consideration of the Council. The motion was seconded by Councilman Donohoo and unanimously carried. (4) Councilman Keiser reported on the recent meeting of the Downtown Businessmen's Association at which a representa= tive of the Pacific Gas & Electric Company spoke on underground utilities. She felt a committee should be formed of Councilmen, businessmen, and Staff as well as P. G. & E. to discuss this matter thoroughly. Mr. Little stated that the Council should appoint this committee because the City now has to say where any additional undergrounding of utilities will go. (5) Councilman Keiser stated that she was also concerned about the parking problem in the downtown area of Morro Bay. She felt it would be wise to appoint a committee to res.earch this problem. The committee should include members of the Downtown:, Merchants Association as well as Council and Staff. MOTION: Councilman Keiser moved that a committee be appointed to study, along with Staff, the problems of parking in the downtown area and come up with a feasible plan. The motion was seconded by Mayor Mitchell and unanimously carried. Mayor Mitchell appointed Councilmen Donohoo and McConaghay to serve on this committee. He also appointed Councilman Keiser and himself to serve on the Underground Utilities committee. Staff was instructed to write to the Planning Commission, P. G. & E. and the Telephone Company as well as various organiza- tions in the community, and ask them to choose representatives to attend the Underground Utilities committee meetings. D=2 City Attorney (1) Michael LeSage stated that other than there was a judgment in the Pipkin Tulare case, he had nothing to report. D-3 City Administrator (1) Mr. Little presented the Expenditure Report for the period February 1 through 15, 1972, for the consideration of the Council. MOTION: Councilman McConaghay moved for the approval of the Expenditure Report for the period Februaryyl through 15, 1972. The motion was seconded by Councilman Walters and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 28, 1972 Page Seven (2) Mr. Little requested instructions from Council regarding the screening of police chief applications. He felt that the screening could begin at any time, although applications were being received until March 15th. He thought actual interviews could begin around the 1st of April. Mayor Mitchell appointed Councilmen Donohoo and McConaghay to serve on the screening committee. Mr. Little reviewed, for the public, the qualifications required for Chief of Police. CORRESPONDENCE 1. Letter from Gideon Pierce regarding Chief of Police 2. Letter from the 4-H Club thanking Council members for their help in amending the animal regulation ordinance. 3. Letter from the Future Farmers of America thanking Council members for their help in amending the animal regulation ordinance. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Walters and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Council- man Walters and unanimously carried. The meeting adjourned at 9:37 p.m. RECORDED BY: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF ADJOURNEDREGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an adjourned regular meeting on Tuesday, February 22, 1972 at 7:30 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider personnel matters. DATED: February 18, 1972 DALE C. MITCHELL, Mayor City of Morro Ay, California M. LI TLE, City Clerk 0 4 MINUTES - MORRO BAY CITY COUNCIL Regular Adjourned Meeting February 22, 1972 7:30 p.m. City Hall Conference Room The meeting was called to order at 7:30 p.m. by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor Mitchell ABSENT: None 1. RESOLUTION NO. 16-72. Resolution requesting the Federal Government to cancel current efforts to sell portions of Camp San Luis Obispo, California This resolution was presented for the consideration of the Council. MOTION: Councilman Donohoo moved that Resolution No. 16-72 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 16-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 17-72. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. 2. Consideration of Planning Commission applicants MOTION: Councilman Donohoo moved that the meeting be adjourned to executive session to interview applicants for Planning Commission. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting adjourned to executive session at 7:35 p.m. and return to regular session at 9:35 p.m. MOTION: Councilman Donohoo moved that Richard Baxter be appointed to fill the unexpired term._df-Willird McGonagill as Planning Commissioner. The motion was seconded by Councilman Keiser and unanimously carried. MOTION: Mayor Mitchell moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting adjourned at 9:45 p.m. Recorded by: M. J. LITTLE, City` Clerk .6Ad'Al By: Ardith Davis Deputy City Clerk • 0 PUBLIC NOTICE NOTICE IS HEREBY GIVEN that any person aggrieved by any act or determination of the Morro Bay Fire Department in connection with the current weed abatement program may file an appeal with the City Clerk of the City of Morro Bay prior to February 10, 1972. Such appeal shall be in writing. Upon receipt of an appeal, the City Council shall hear and pass upon each and every appeal and such determination thereupon shall be final and conclusive. DATED: January 10, 1972 M. L LE, City Clerk City of Morro Bay, California 9 q CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING February 14, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call [Uri"k illfa9 1. Minutes of the regular meeting of January 24, 1972 2. Minutes of the executive meeting of January 24, 1972 HEARINGS, APPEARANCES AND REPORTS A-1 Hearing on weed abatement charges A-2 Hearing on Priority No. 2 - Sidewalk, curb and gutter program A-3 Appearance.of representative of Chamber of Commerce with report on Chamber activities A-4 Report of City Attorney on disposal of city fee property A-5 Appeal of Rodney Maciel from decision of building official A-6 Appearance of Dan Stack regarding the Camp San Luis Obispo Regional Recreation Center UNFINISHED BUSINESS B-1 Resolution granting a use permit agreement to Morro Bay Lions Club B-2 Resolution authorizing the transfer of leasehold interest from St. John to Gunther B-3 Set date to interview Planning Commission applicants B-4 Ordinance No. 101 - Ordinance amending the animal regulation ordinance (second reading) B-5 Resolution establishing rules and regulations for Ordinance No. 101 - amendment to the animal regulation ordinance B-6 Bicycle and mini -bike trails on P. G. & E. property B-7 Insurance Renewal NEW BUSINESS C-1 Consideration of proposed Lopez Canyon National Wilderness Area C-2 Resolution joining the Region I -A Law Enforcement Mutual Aid Pact and approving the Region I -A Mutual Aid Operational Plan C-3 Harbor Office Marine Radio C-4 Claim for damages submitted by Kenneth Carpenter C-5 Proposed ordinance amending the weed abatement ordinance C-6 Leasing of police vehicles INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D=3 City Administrator Correspondence MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 14, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Carl L. Stark, Jr. of the Calvary Lutheran Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Mayor Mitchell ABSENT: None MINUTES Keiser, McConaghay, Walters and The minutes of the regular meeting of January 24, 1972, and the executive meeting of January 24, 1972, were considered by the Council. Councilman Donohoo noted an error on page seven of the regular meeting minutes under item C-4. The property.under consid- eration here was inherited from Water Works District No. 4 rather than the fire district. MOTION: Councilman Donohoo moved that the minutes be approved as amended. The motion was seconded by Councilman Keiser and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Hearing on weed abatement charges Mayor Mitchell stated that Section 11206 of the weed abatement ordinance provides that any person aggrieved by the acts of the Fire Department in assessing costs for weed abatement may appeal to the City Council. The hearing for these appeals is scheduled for this time and to this date no written appeals had been received. Mayor Mitchell asked the public for any presentations regarding this matter. There were none and action was not required by the Council. A-2 Hearing on Priority No. 2 - Sidewalk, curb and gutter program. Mayor Mitchell noted that Priority No. 2 required the installa- tion of curbs and gutters to various property owners where 50% or more of the block has curbs and gutters. The property owners con- cerned had been notified as required by law. Mayor Mitchell opened the public hearing at 7:35 p.m. and called for presentations by con- cerned property owners. Mr. Arthur H. Krause of 370 Quintana Road stated that he was concerned about several things. He said that there is a twelve inch corregated pipe at the corner of his property that will be exposed when the property is excavated. Also, there is a grate nearby with bars across it which only go one way and he feels that something needs to be done so that children riding bikes do not injure them- selves by bicycle wheels slipping between the bars as they drive across. In addition, there is a power pole leaning at a precarious angle and he feels it should be repaired before he cements around it. He asked for a thirty day extension on the sixty day one already authorized in order to get past the rainy season before beginning construction. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 14, 1972 Page Two Mr. Little stated that the City is in the process of recrossing all the grates in the City to eliminate the dangers of riding across them with bicycles and that this grate would be taken care of also. He said that P. G. & E. has a responsibility to relocate poles to accomodate street improvements. The pipe that is exposed can be worked out by City Staff and City Staff will also work with Mr. Krause in obtaining his additional time element as he wishes to make the improvements himself. Mayor Mitchell asked if anyone else wished to make a presenta- tion regarding Priority No. 2. As there were none, the public hearing was declared closed at 7:41 p.m. MOTION: Councilman Donohoo moved that Staff be authorized to proceed with the improvements in Priority No. 2 as scheduled. The motion was seconded by Council- man Walters and unanimously carried. A-3 Appearance of representative of Chamber of Commerce with report on Chamber activities Mr. Bill Duke, Chamber Director, outlined the letter sent to Council regarding the activities of the Chamber of Commerce for the last quarter and plans for the upcoming quarter. The Council thanked Mr. Duke for his presentation. A-4 Report of City Attorney on disposal of city fee property Mr. LeSage stated that the City may dispose of City property for the common benefit according to the Government Code and that it is not required that the sale be subject to public bid. MOTION: Councilman Keiser moved that the property be appraised and that this figure be brought back to Council. The motion was seconded by Mayor Mitchell. Mayor Mitchell suggested that Staff also be authorized to go ahead with advertising for the parcel using the appraisal bid as minimum. Councilman Keiser felt that it should come back to Council first. The motion was unanimously carried. A-5 Appeal of Rodney Maciel from decision of building official. Mayor Mitchell stated that Mr. Maciel was appealing to the Council from the building inspector's determination that his meter box encroaches on City property and, therefore, has to be relocated. Mayor Mitchell read the section of the building ordinance which sets requirements on the Council's actions as a Board of Appeals. The ordinance states that the Council will set a hearing date when the matter is first brought before the Council. Mr. Little stated that because the matter is a minor one and there is a time element involved as Mr. Maciel has to be in his building by April 1st, the Council could waive the proviso of setting a hearing date and hold the hear- ing at this time. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL February 14, 1972 MOTION: Councilman McConaghay moved that the Council waive the time period set forth in the ordinance and that the hearing proceed at this time. The motion was seconded by Councilman Donohoo and unanimously carried. Mayor Mitchell declared the hearing open at 8:05 p.m. and called for presentations. Mr. Maciel stated that he had applied for an encroachment permit, was granted one on January 31, 1972, and proceeded with construction when the permit was subsequently recinded. Mayor Mitchell asked Mr. Maciel why he wished the meter box placed where it might encroach on City property. Mr. Maciel stated that the project had been engineered so that that was where the meter box would be: According to his calculations, this did not encroach on City property as determined by the building inspec- tor. Mr. Dave Vienna requested permission to speak and stated that the Chamber of Commerce became involved in this because Mr. Maciel's plan was part of the Chamber's efforts to have the downtown area refurbished. Mr. Little said that he was aware of the Chamber's efforts in this area and thought that perhaps the Council could amend the ordinance so that these people would be allowed to improve their property in this way and enable the Public Works Department to issue the encroachment permit without question. Councilman McConaghay suggested that City Staff locate the property line of Mr. Maciel from the street center. Mr. Little said that it was not the policy of the City to survey, but that it could certainly be done if Council requested it. Councilman Keiser asked the City Attorney if he could foresee any legal entanglements if the Council granted Mr. Maciel the permit and the property should be located on City property. Mr. LeSage stated that he couldn't see any complications at all. MOTION: Mayor Mitchell moved that Mr. Maciel be granted an encroachment permit and be allowed to continue with construction. The motion was seconded by Councilman Keiser. Further discussion was held. MOTION: Mayor Mitchell amended his motion to read that Staff determine if the building is located on the property line and that, if it is, the encroachment permit be granted. Councilman Keiser accepted the amendment and it was unanimously carried. A-6 Appearance of Dan Stack regarding the Camp San Luis Obispo Regional Recreation Center Dan Stack was present to request that the Council take some definite action in support of his plan regarding Camp San Luis Obispo. E MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL February 14, 1972 He stated that the General Service Administration had put the property up for bid because the County took no interest in it and that the bids will be opened on March 9th unless there is enough opposition to it. He said that the City of San Luis Obispo was preparing a resolution requesting the General Service Administration to recind the call for bids and he hoped the City of Morro Bay would follow suit. He presented the Council with a letter from Congressman Talcott urging those wishing to acquire any portion of this excess federal land for public purposes to make application to the Bureau of Outdoor Recreation in San Francisco. Councilman Keiser was concerned about the cost to the City of Morro Bay. She felt it was a good idea to use this land for recreational purposes, but the money had to come from somewhere. Mr. Stack stated that it is not definite that the City would have to contribute any money yet. Mayor Mitchell stated that at any rate, the Council was not being asked to commit itself, but to request the recinding of the calling for bids. MOTION: Mayor Mitchell moved that Staff be directed to prepare an appropriate letter in line with the request of Dan Stack. Councilman McConaghay asked if it would be possible to obtain a copy of the resolution passed by the San Luis Obispo City Council and refer to it for the wording of the Council's resolution. Mr. Stack stated that this could be done. Mayor Mitchell withdrew his motion. Mayor Mitchell suggested that, because of the limited time involved, the Council send a letter to the General Service Admin- istration notifying them of the intent of the City Council to pass a resolution requesting the recinding of the call for bids for Camp San Luis Obispo federal land. MOTION: Councilman McConaghay moved that Staff be directed to send a letter to Mr. Sylvester of the General Service Administration and other pertinent govern- mental agencies indicating the Council's interest in the matter and advising them that there will be a resolution forthcoming. The motion was seconded by Mayor Mitchell and unanimously carried. RECESS: 8:50 P.M. RECONVENED: 9:00 P.M. UNFINISHED BUSINESS B-1 RESOLUTION NO. 11-72. Resolution granting a use permit agreement to Morro Bay Lions Club Mayor Mitchell stated that this resolution authorized the Lions Club to hold their annual Gayway on City property on the 4th of July weekend. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 14, 1972 Page Five MOTION: Councilman Donohoo moved that Resolution No. 11-72 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little stated that the use permit agreement uses the 1969 Rock-O-Rama as the event and that Staff would correct this. He read Resolution No. 11-72 by title only. MOTION: Councilman Donohoo moved that Resolution No. 11-72 be adopted. The motion was seconded by Councilman Walters and unanimously carried by roll call vote. B-2 RESOLUTION NO. 12-72. Resolution authorizing the transfer of leasehold interests from St. John to Gunther Mayor Mitchell stated that Staff had prepared this resolution at the direction of Council. MOTION: Councilman Donohoo moved that Resolution No. 12-72 be read by title only. The motion was seconded by Councilman Walters and unanimously carried. Mr. Little read Resolution No. 12-72 by title only. MOTION: Councilman Walters moved for the adoption of Resolution No. 12-72. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. B-3 Set date to interview Planning Commission applicants Mr. Little stated that nine applications, for this position had been received. The Council set February 22, 1972 at 7:30 p.m. as the date to interview applicants for Planning Commission. It was decided to schedule them at ten minute intervals. B-4 ORDINANCE NO. 101. Ordinance amending the animal regulation ordinance second reading) MOTION: Councilman Donohoo moved that Ordinance No. 101 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Ordinance No. 101 by title only. MOTION: Councilman Donohoo moved that this constitute the second and final reading of Ordinance No. 101 and that it be adopted. The motion was seconded by Councilman Walters and unanimously carried by roll call vote. B-5 RESOLUTION NO. 13-72. Resolution establishing rules and regulations for Ordinance No. 101 - amendment to the animal regulation ordinance. Councilman Keiser suggested that this ordinance be read in its entirety. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL February 14, 1972 Mr. Little read Resolution No. 13-72 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 13-72. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. B-6 Bicycle and mini -bike trails on P. G. & E. property Mayor Mitchell informed the Council that sometime ago, City Staff requested the use of property from P. G. & E. to establish mini -bike trails. P. G. & E. has permitted the use of their property between Main Street and Morro Creek under several conditions. Mr. Little had suggested that the Council consider the proposal and direct Staff to submit a report outlining how the mini -bike trails could be established under the conditions indicated; one being the license to use the land for a one year period, with subsequent renewals subject to review by P. G. & E. MOTION: Councilman McConaghay moved that Staff be authorized to proceed with an outline to the Council as to how the property could be used by the City under the conditions set forth by P. G. & E. The motion was seconded by Councilman Keiser and unanimously carried. The Council discussed other possibilities for the area in addition to the mini -bike trails. B-7 Insurance Renewal The City Administrator recommended, in a memo to City Council, that the low bid of $17,771.00 received from General Insurance Company of America or SAFECO be accepted. -for a three year period. Also, it was recommended that the Morro Bay Insurance Center be accepted as agent for this company. MOTION: Councilman Donohoo moved that Council accept the low bid of $17,771.00 from SAFECO Insurance and the agent of Morro Bay Insurance Center for the next three year period. The motion was seconded by Mayor Mitchell and unanimously carried. NEW BUSINESS C-1 Consideration of proposed Lopez Canyon National Wilderness Mayor Mitchell stated that Mr. Miossi, who was to make a presentation at this time, asked to be excused and requested that the Council postpone this item until he is able to return. The Council proceeded to the next item on the agenda. C-2 RESOLUTION NO. 14-72. Resolution joining the Region I -A Law Enforcement Mutual Aid Pact and approving the Region I -A Mutual Aid Operational Plan. Mayor Mitchell stated that this Pact is being formed of three counties consisting of San Luis Obispo, Santa Barbara and Ventura to voluntarily aid and assist each other in the event of disaster. MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL February 14, 1972 This resolution designates the City of Morro Bay as joining the Region I -A Law Enforcement Mutual Aid Pact under San Luis Obispo County. MOTION: Councilman Donohoo moved that Resolution No. 14-72 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 14072 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 14-72. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. C-3 Harbor Office Marine Radio Mayor Mitchell presented a memo from Director of Public Works, Doug Stuart, informing the Council of the need for new radio equip- ment. Mr. Stuart states that the present equipment is unuseable as far as Federal Communiciations standards are concerned. The approximate cost of the new equipment will be $1,300.00. Staff is requesting that Council authorize the purchase of this equipment. MOTION: Councilman Donohoo moved that Staff be authorized to make the purchase necessary to operate the marine radio and that if sufficient funds are not budgeted for this, Staff request a transfer of funds from Council. The motion was seconded by Councilman Keiser. Mr. Little informed the Council that this item would go to bid. A gentleman from the Coast Guard was present to outline the necessity for this equipment in the Harbor Office. The motion was unanimously carried. C-4 Claim for damages submitted by Kenneth Carpenter Mayor Mitchell presented the claim of Kenneth Carpenter for charges of false arrest for the consideration of the Council. MOTION: Councilman Donohoo moved that the claim of Kenneth Carpenter be denied. The motion was seconded by Councilman Walters and unanimously carried. C-5 ORDINANCE NO. 102. Ordinance amending the weed abatement ordinance. Mayor Mitchell informed the Council that the proposed ordinance changed the wording of the weed abatement ordinance without changing the initial purpose of it. MOTION: Councilman Donohoo moved that Ordinance No. 102 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Little read Ordinance No. 102 by title only. 0 MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL February 14, 1972 MOTION: Councilman Keiser moved that this constitute the first reading of Ordinance No. 102. The motion was seconded by Councilman Donohoo and unanimously carried. C-1 Consideration of proposed Lopez Canyon National Wilderness Area Mayor Mitchell stated that Mr. Miossi had returned and that Council would hear his presentation at this time. Mr. Miossi told the Council that he was present to urge them to go on record as endorsing Senate Bill 3027. The bill provides for the designation of the Lopez Canyon area as a Wilderness Area. He stressed the fact that this is the first time anything has been done to try and save this area. Mr. Miossi requested that the Council do one of three things: Endorse Senate Bill 3027, endorse the principle of wilderness, or hold action on this matter and attend the hearings that will be held regarding this area. He explained to the Council what the bill will, in essence, do; which is to keep out excess roads and motorists. It will not prevent the people from enjoying the land, hunting,fishing, camping, etc. It will preserve the water stream. Further discussion was held and a Mr. Paul Baum appeared with Mr. Miossi to appeal to the Council to endorse this bill. Mayor Mitchell stated that he would like to hear the opposition to this as well and requested that Staff put this item on the next agenda and invite the opposition to attend and present their views. MOTION: Councilman Keiser moved that the Council invite the Forestry Service and other interested parties to attend the next Council meeting and present their views on this issue. The motion was seconded by Mayor Mitchell and unanimously carried. C-6 Leasing of police vehicles Mayor Mitchell explained that this was a proposal prepared by Ass't. City Administrator, Mr. Warden, to lease police vehicles rather than buying them each year. Mayor Mitchell asked Mr. Warden if he had anything to add to the memo. Mr. Warden stated that the mileage shown on the proposal needed to be increased as the vehicles use more than is stated. Mr. Little stated that the proposal is at least as inexpensive as buying them and would certainly decrease the load on the City mechanic. As it is, many of the vehicles have to be sent to local merchants for repairs because of the mechanic's working load. Leas- ing the vehicles provides for maintenance. The proposal provides for one additional vehicle needed by the police department because of their increased patroling hours. • MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL February 14, 1972 MOTION: Councilman Donohoo moved that Staff be authorized to proceed with this project to lease police vehicles as outlined in the memo. The motion was seconded by Councilman Walters and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Donohoo stated that at the last Council meeting, members had approved Staff's proposal for boat slips on Lease Site No. 28 and Dunes Street end. He felt - that Staff should be authorized to'proceed immediately with plans for the dock and construction in order that they may be ready by fishing season later this year. The funds would come out of unbudgeted reserve, so it was not necessary to wait until budget time to set aside the funds. MOTION: Councilman Donohoo moved that Staff be authorized to proceed with the installation of boat slips on Lease Site No. 28 and Dunes Street end as outlined in the proposal. The motion was seconded by Council- man Keiser and unanimously carried. D=2 City Attorney (1) Michael LeSage reported on the Pipkin quiet title action. (2) Mr. LeSage reported on his attempts to obtain an easement from the Johnson property located within the limits of Improvement District No. 7 and at the entrance to the proposed recreational trailer park. He said that there were a multitude of liens against the property and it would be necessary to condemn the property in order to obtain the easement. He suggested that Council adopt a resolution authorizing the city attorney and the bond firm to obtain the condemnation. Because of the time schedule the engineers had prepared a description of the property with a small error. He suggested that the Council adopt the resolution with the provisions that Staff obtain the appropriate guarantee that all city expenses will be reimbursed in the event that the improvement district is not formed, that Staff obtain the appropriate guarantee that in the event the assessment district is formed, the Morro Sands and American West Company would guarantee payment of any assessment made against the Johnson property in the event there is a default of the bonds, and that they advance the necessary funds for deposit in the condemnation action, along with the correction in the property description. Mr. LeSage stated that it would be a good idea for the Council to adopt this resolution at this time, because this easement must be obtained before the recreation trailer park can begin construction. Mr. Little read Resolution No. 15-72 in its entirety. MOTION: Mayor Mitchell moved for the adoption of Resolution No. 15-72 on the conditions that the description of the property is corrected, that the Morro Sands and American West Company guarantee both the reimburse- ment of all City expenses in the event the improve- 0 MINUTES - MORRO Regular Meeting Page Ten BAY CITY COUNCIL February 14, 1972 ment district is not formed and payment of the bonds in the event of default against this par- cel if the improvement district is formed and that they advance the necessary funds for deposit in the condemnation action. The motion was seconded by Councilman Donohoo and unanimously carried by roll call>,vote. D-3 City Administrator (1) Mr. Little presented the Financial Report for the period July 1, 1971 through January 31, 1972, for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Report for the period July 1, 1971 through January 31, 1972. The motion was seconded by Councilman McConaghay and unanimously carried. (2) Mr. Little presented the Expenditure Report for the period January 16 through 31, 1972 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period January 16 through 31, 1972. The motion was seconded by Councilman McConaghay and unanimously carried. (3) Mr. Little requested permission for Mr. Warden and himself to attend the Spring Meeting of City Managers in Coronado, California on March 8 through 10, 1972. MOTION: Councilman Mr. Warden meeting in The motion unanimously CORRESPONDENCE 1 2 3 4 Walters moved that Mr. Little and be allowed to attend the City Managers Coronado on March 8 through 10, 1972. was seconded by Councilman Donohoo and carried. Letter from Downtown Merchants of Morro Bay inviting the Council and City Staff members to attend a special session of their regular meeting on February 22, 1972. Letter from the Pismo Beach Chamber of Commerce inviting the City Council to attend their Clam Festival on February 26, 1972. Letter from Max Hersey, M. D., complimenting the Morro Bay Yacht Club on their services to him during his stay in Morro Bay. Letter from Don Englert inviting the Council to attend the Annual Police and Fireman Awards dinner. MOTION: Mayor Mitchell moved that the correspondence be filed. The motion was seconded by Councilman Walters and unanimously carried. 0 MINUTES - MORRO Regular Meeting Page Eleven BAY CITY COUNCIL February 14, 1972 Councilman Keiser asked what the status was on obtaining a police building. Mr. Little stated that he was .awaiting the appraisal of the present building and property under consideration. ADJOURNMENT MOTION: Councilman Donohoo moved that the adjourned to February 22, 1972 at in the City Hall Conference Room. was seconded by Councilman Walters carried. The meeting adjourned at 10:18 p.m. Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk meeting be 7:30 p.m. The motion and unanimously 0 4 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING January 24, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting o 2. Minutes of the regular adjourned 3. Minutes of the executive meeting HEARINGS, APPEARANCES AND REPORTS f January 10, 1972 meeting of January 17, 1972 of January 17, 1972 A-1 Appearance of Lawton Powers regarding bond requirements for development A-2--Hearing- on- Priority-No-.--2---Enrb,-Sutter- and- Sidewalk -Survey A-2 Report of City Administrator on change in trickling filter seals at Treatment Plant required by Water Quality Control Board UNFINISHED"BUSINESS B-1 Proposed boat slips - Lease Sites No. 27, 28 and Dunes Street B-2 Resolution appointing Right -of -Way Agent, Imp. Dist. No. 6 B-3 Proposed ordinance amending Ordinance No. 84 - Animal Regula- tion Ordinance B-4 Resolution approving grant of Use Permit Agreement to Morro Bay Art Association NEW BUSINESS C-1 Resolution calling election C-2 Resolution calling election and submission of measure C-3 Resolution authorizing Council members to file a written argument for a City measure C-4 Request of R. W. Smith to purchase City property C-5 Request of Lions Club for use of parking lot for Gay Way on July 1-4, 1972. C-6 Request of Ray Gallo representing Morro Bay Oyster Company concerning oyster allotments. C-7 Resolution requesting the State of California, Department of Finance, Office of Population Research to prepare a population estimate for the City of Morro Bay C-8 Resolution approving low bid for gasoline and diesel fuel C-9 Resolution approving low bid for chlorine C-10 Appraisal of property C-11 Request of Morro Bay Task Force for support of grant application INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 24, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Glenn O. Hascall of the First Christian Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Mayor Mitchell ABSENT: None MINUTES Keiser, McConaghay, Walters and The minutes of the regular meeting of January 10, 1972, the regular adjourned meeting of January 17, 1972 and the executive meeting of January 10, 1972, were considered by the Council. MOTION: Councilman Donohoo moved approved as written. The by Councilman McConaghay HEARINGS, APPEARANCES AND REPORTS that the minutes be motion was seconded and unanimously carried. A-1 Appearance of Lawton Powers regarding bond requirements for development Mayor Mitchell briefly explained to the Council that Mr. Powers is protesting the amount of a bond set by Staff at the direction of the Planning Commission to guarantee the completion of his proposed project on the corner of Morro Bay Boulevard and Quintana Road. The bond has been set at $175,000 which is the value of the property. It was felt that this amount was sufficiently high enough to preclude any default on the part of the developer. Mr. Lawton Powers was protesting the bond on the basis of the amount being unreasonable. He felt the question should be how much would the city be damaged if he failed to develop the proposed project fully. Mr. Powers stated that a $.25,OOObond would be sufficient to cover any damage the city migh suffer should the project not be completed with- in twenty-four months as agreed. Mr. Powers said that he had several other projects in development which also required bonds and that his capacity for obtaining these was only so high. He stated that if the City Council did approve of the smaller bond of $25,000, he would not take a chance on losing the money by not completing the project. Councilman McConaghay asked Mr. Powers how many other projects he was bonded out to at the present time. Mr. Powers stated that he had never been asked to place a bond on a project before. Councilman McConaghay reminded him that he had previously stated that he was heavily bonded out and that was the reason he couldn't afford the high bond placed on this project. Mr. Powers said that the bonds he had placed on projects were only in the street improvement department. Councilman Keiser was concerned with what the city's recourse would be should the developer construct the first phase of the project and fail to go ahead with the completion. 6 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 24, 1972 Page Two Mayor Mitchell asked Ned Rogoway, Planning Director, to give the Planning Commission's view on this matter. Mr. Rogoway stated that the Planning Commission was expressly concerned with the completion of the project since this piece of property is one of the most crucial in the city. They felt that a bond should be placed on the project and that the amount should be high enough so that there would be no question as to the completion of the project within the specified time. Mike LeSage, City Attorney, suggested the Council enter into a contract with the developer which would give the city the right to complete the project should the developer fail to do so. Mayor Mitchell stated that in any event, the $175,000 would not come out of the pocket of the developer, but out of the bond holder's as this was an insurance. He felt that the Planning Commission was not concerned with the damages to the city so much as the completion of the project. MOTION: Mayor Mitchell moved that the request of Lawton Powers for a reduction in the amount of the bond as set by Staff as a condition of the transitional use permit be'de3iied. The motion was seconded by Councilman McConaghay and unanimously carried. A-2 Report of City Administrator on change in trickling filter seals at treatment plant required by the State Water Quality Control Board Mr. Little informed the Council that the City had received word from the State Water Quality Control Board that it would be necessary to change the mercury seals on the trickling filter at the treatment plant. He stated that the project would cost approximately $10,000, but that this amount is eligible for a federal grant after the project is completed. The amount the city would be obligated to ultimately pay would be in the area of $2,000 of which 40% would be shared by Cayucos Sanitary District. Mr. Little stated that the city had no choice in the matter; it must�!comply with the regulations set forth by the Water Quality Control Board. MOTION: Councilman Donohoo moved that Staff be authorized to continue with the project to replace the mercury seals at the treatment plant. The motion was seconded by Councilman Keiser and unanimously carried. UNFINISHED BUSINESS B-1 Proposed boat slips - Lease Sites No. 27, 28 and Dunes Street Mayor Mitchell stated that Council had received a sheet of figures from Mr. Gunther showing the projected income from his pro- posed project. He is requesting assignment of Lease Site No. 28 and issuance of leases for Lease Site No. 27 and Dunes Street end. Mayor Mitchell said that he had studied the proposal of Staff and Mr. Gunther quite thoroughly and he felt that Council members should support the proposals of Staff regarding these lease sites. Councilman Donohoo agreed with this. 11 0 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL January 24, 1972 MOTION: Mayor Mitchell moved that Council go on record indicating favor toward the proposed develop- ment of dock facilities provided in the report by Staff including Lease Sites No. 27, 28 and Dunes Street end. The motion was seconded by Councilman Donohoo. It was noted that the request of Mike St. John to assign lease- hold interests in Lease Site No. 28 to Ralph Gunther was still under consideration. The motion was unanimously carried. MOTION: Mayor Mitchell moved that the request of Mike St. John to assign Lease Site No. 28 to Ralph Gunther be granted and that Staff be instructed to prepare the necessary documents. The motion was seconded by Councilman Walters and unanimously carried. B-2 RESOLUTION NO. 4-72. Resolution appointing Right -of -Way Agent, Improvement District No. 6 Mr. Little informed the Council that, because of the hilly terrain above the property located in Improvement District No. 6, the city was going to have to locate the sewer lines in the property below. This means that the city -will have to obtain some easements and it is necessary to contract out for this. MOTION: Councilman Donohoo moved that Resolution No. 4-72 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 4-72 by title only. MOTION: Councilman McConaghay moved for the adoption of Resolution No. 4-72. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. B-3 ORDINANCE NO. 101. Ordinance amending Ordinance No. 84 - Animal Regulation Ordinance Mayor Mitchell asked Councilman Donohoo to report on the meetings that brought about the proposed ordinance. Councilman Donohoo stated that Mr. Little, Mr. Warden and one other Council member had met with the student representatives from the 4-H and Future Farmers of America regarding the students raising a market lamb within the city limits for special projects. It was agreed that this could be allowed on a sixty day basis if the student complied with specified rules and regulations; one being that the student obtain the signatures of his immediate neighbors as approval to be submitted at City Hall. Mayor Mitchell stated that discussion at the Mayor's Meeting recently, revealed that other cities are doing much the same thing to allow students to participate in the yearly activities of their clubs. Councilman Keiser stated that she was very pleased to see how hard the students are working toward this project and how willing MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL January 24, 1972 they are to comply with the law. Mr. Little was directed to read Ordinance No. 101 in its entirety. After doing so, Mr. Little stated that this ordinance enabled the city to prepare a resolution establishing rules and regulations to govern this ordinance. MOTION: Councilman McConaghay moved that 'this constitute the first reading of Ordinance No. 101. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. Mrs. Mary Phillips requested the floor as the Council was discussing old business and she wished to make a few comments on her presentation of the previous week. Mayor Mitchell informed Mrs. Phillips that since she had made no request to be put on the agenda, it would be out of order to allow her to speak. She then requested permission to ask the City Attorney a few questions. Mayor Mitchell told her that she could do so at recess. B-4 RESOLUTION NO. 5-72. Resolution approving grant of Use Permit Agreement to Morro Bay Art Association Mayor Mitchell stated that this resolution was prepared at the direction of the City Council at the last regular meeting and granted the Morro Bay Art Association the use of the City Park on specified dates. MOTION: Councilman Donohoo moved that Resolution No. 5-72 be read by title only. The motion was seconded by Councilman Keiser and unanimouslyccarried. Mr. Little read Resolution No. 5-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 5-72. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. NEW BUSINESS C-1 Resolution calling election It was decided to consider the above resolution and item C-2 at the same time. C-2 RESOLUTION NO. 6-72. Resolution calling election and submission of measure Mr. LeSage briefly summarized his lenghthy memorandum to the Council regarding the legality of the petitioned ordinance prohibiting any construction in the area easterly of Morro Rock, northerly of Morro Bay, westerly of P.G.&E., and southerly of Morro Creek, without majority vote of electors. He felt that the petitioned ordinance should be submitted to the courts for a decision as to its validity; but, in the mean time, the Council should move to have the measure placed on the ballot as this has to be done forty-five days before the election and the courts could not make a determination before that time. MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL January 24, 1972 Councilman McConaghay questioned Mr. LeSage as to whether the City could remove the measure from the ballot after the forty-five day limit had passed if the court decided it was invalid. Mr. LeSage stated that the fact that the Council agrees to place the measure on the ballot in no way prevents them from taking steps to find out if it is invalid or not. If the courts decide that it is invalid, it automatically makes it legal to remove it from the ballot. Mrs. Katherine Walling requested permission to speak. The Mayor consented. Mrs. Walling stated that the ordinance does not prevent the private property owner from developing his property; it merely prevents him from doing so before going to the vote of the people. She also stated that there was a legal difference be- tween the definitions of maintenance and construction. Mrs. Bell, Kerme Anderson and George Sturges also made comments. Further discussion ensued. Mr. Little presented to the Council his version of the way the measure should read on the ballot. He stated that he had previously given this version to the proponents involved and that they had re- turned to him a revision that reads as follows: "Shall the ordinance prohibiting all private or public construction in the area easterly of Morro Rock, northerly of Morro Bay, westerly of P.G.&E., and southerly of Morro Creek, without majority vote of electors, be adopted?" Mr. Little requested the Council to make a determination on which one they felt should appear on the ballot. Councilman McConag- hay felt that the revision was more explicit. MOTION: Mayor Mitchell moved that Resolution No. 6-72 be amended to include the revised statement as indi- cated by the City Administrator. The motion was seconded by Councilman Donohoo and unanimously carried. MOTION: Mayor Mitchell moved that Resolution No. 6-72 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution No. 6=72 by title only. MOTION: Mayor Mitchell moved for the adoption of Resolution No. 6-72 as amended. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. RECESS: 9:08 P.M. RECONVENED: 9:16 p.m. Mayor Mitchell presented the certification of the City Clerk certifying a sufficient number of signatures on the petition to warrant the measure placement on the ballot at the next general municipal election in April. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL January 24, 1972 MOTION: Councilman Donohoo moved that the Council acknowledge receipt of the certification of the City Clerk certifying a sufficient number of signatures on the petition initiating an ordinance. The motion was seconded by Council- man Keiser and unanimously carried. C-3 RESOLUTION NO. 7-72. Resolution authorizing Council members to file a written argument against a city measure Mayor Mitchell felt that the words "or against" should be added after the word "for" in the title on the resolution. MOTION: Councilman Donohoo moved that Resolution No. 7-72 be amended to add the words "or against" after the word "for" in the title of the resolution and that it be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little stated that a name/names need to be inserted author- izing certain person/persons to file an argument. Councilman Donohoo withdrew his motion and Council- man Keiser her second. MOTION: Councilman Donohoo moved that Mayor Dale C. Mitchell's name be placed in Resolution No. 7-72 as the person authorized to file a written argument against the city measure. The motion was seconded by Councilman Walters and unanimously carried. Further discussion was held regarding the wording of the resolution. MOTION: Mayor Mitchell moved that the word "for" be deleted from the title and paragraph pertaining in the re- solution and the word "against" be inserted. The motion was seconded by Councilman Donohoo and unan- mously carried. MOTION: Mayor Mitchell moved that Resolution No. 7-72 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Resolution No. 7-72 by title only. MOTION: Councilman Donohoo moved that Resolution No. 7-72 be adopted as amended. The motion was seconded by Councilman McConaghay. Mrs. May Davey asked permission to speak; permission was granted by Mayor Mitchell. She asserted her position on the city measure as being not political but because of her belief in it. She was offended that the Council found the issue a laughing matter. Mayor Mitchell took exception to the last statement, stating that no one was laughing at the issue as it certainly was not a laughing matter. The motion was unanimously carried by roll call vote. 11 • MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL January 24, 1972 C-4 Request of R. W. Smith to purchase City property Mr. Little stated that the property in question is on Hemlock Avenue and was inherited from the Water Works District No. 4. The lot contains 2,400 square feet and Mr. Smith, who owns the lot im- mediately north of it, has requested to purchase the property. Mr. Little stated that he had also received a telephone call from a Mrs. Churchill, who owns the property to the west of the one owned by the City, and she was interested in having a chance on it should it come up for sale. Councilman Keiser asked if there was anything the City could use the property for. Mr. Little said that because it is such a small piece of property, there really couldn't be any construction on it. Mr. Smith hopes to join it with his property to make a sizeable lot. MOTION: Mayor Mitchell moved that the City Attorney be directed to find out how property owned by the City should be disposed of. The motion was seconded by Councilman Donohoo and unanimously carried. C-5 Request of Lions Club for use of parking lot for Gay Way on July 1-4, 1972 Mayor Mitchell stated that the Lions Club had decided to hold their annual Gay Way during the July 4th holidays this year and were requesting the use of the City parking lot on the Embarcadero for this purpose. MOTION: Mayor Mitchell moved that Staff be directed to draw the necessary resolution and agreement for the date and area requested. The motion was seconded by Councilman Walters and unanimously carried. C-6 Request of Ray Gallo representing Frank Brebes concerning oyster allotments Mr. Little stated that Frank Brebes is requesting transfer of portions of two oyster allotments located within the city to Morro Bay Oyster Company. This cannot be done without the consent of the city. Mr. Little suggested that since these allotments have existed for a long period of time, that they be continued on a year to year basis. MOTION: Mayor Mitchell moved that the State be authorized to transfer the allotments contained within the city as requested. The motion was seconded by Councilman Donohoo and unanimously carried. C-7 RESOLUTION NO. 8-72. Resolution requesting the State of California, Department of Finance, Office of Population Research to prepare a population estimate for the City of Morro Bay Mayor Mitchell stated that the proposed resolution authorized the State to conduct a population estimate. He said that the popula- tion is the basis of revenue from the State and it is wise to have a current figure. MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL January 24, 1972 Mr. Little stated that a representative of the Office of Popu- lation Research had notified the City that this should be done. MOTION: Councilman Donohoo moved that Resolution No. 8-72 be read by title only. The motion was seconded by Councilman Walters and unanimously carried. Mr. Little read Resolution No. 8-72 by title only. MOTION: Councilman McConaghay moved for the adoption of Resolution No. 8-72. The motion was seconded by Councilman Walters and unanimously carried by roll call vote. C-8 RESOLUTION NO. 9-72. Resolution approving low bid for gasoline and diesel fuel" Mayor Mitchell informed the Council that the low bid for gasoline and diesel fuel came from Texaco, Inc. MOTION: Councilman Donohoo moved that Resolution No. 9=72 be read by title only. The motion was seconded by Councilman Walters and unanimously carried. Mr. Little read Resolution No. 9-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 9-72. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. C-9 RESOLUTION NO. 10-72. Resolution approving low bid for chlorine It was noted that this resolution awarded the low bid to Paso Robles Seed and Chemical Company MOTION: Councilman Donohoo moved that Resolution No. 10-72 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 10-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 10-72. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. C-10 Appraisal of property Mr. Little informed the Council of the results of his research regarding the costs of having certain pieces of property appraised. He also stated that the smaller of the two parcels of property on Harbor Street under consideration had been sold. MOTION: Councilman Keiser moved that Staff be directed to go ahead with the appraisal. The motion was seconded by Mayor Mitchell and unanimously carried by roll call vote. MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL January 24, 1972 C-11 Request of Morro Bay Task Force for support of grant applications Mayor Mitchell stated that this was a letter from the County Planning Department requesting that the City of Morro Bay go on record as supporting the County's grant application for the Morro Bay Comprehensive Environmental Plan. MOTION: Mayor Mitchell moved that a letter be directed to Lt. Governor Ed Reinecke supporting this request for a grant as indicated in this letter. The motion was seconded by Councilman' McConaghay and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D_1 City Council (1) Councilman Keiser expressed concern over the number of animals destroyed at Woods Animal Shelter each month. She felt that possibly there could be a clinic set up to neuter animals at a reasonable price. She thought that more people would have this operation performed on thier animals if the price wasn't so high. She requested the Council's approval to look into this matter further. Council concurred. (2) Mayor Mitchell submitted to the Council the resignation of Planning Commissioner Willard McGonagill. He stated that he was sorry to see Mr. McGonagill leave as he was an asset to the Commission. MOTION: Mayor Mitchell moved that the resignation of Willard McGonagill from the position of Planning Commissioner be accepted with regret. The motion was seconded by Councilman Donohoo and unanimously carried. (3) Mayor Mitchell reported on the Mayor's Meeting held recently, in which an organization called Christiansen Enterprises madea presentation regarding public transportation. They wanted to find out if the idea of public transportation is acceptable. A representative from Christiansen Enterprises stated that they would possibly be in line for some federal funds if their pro- ject went through. Mayor Mitchell thoughtthat this would be a good thing from private enterprise. D=2 City Attorney The City Attorney had nothing to report at this time. D-3 City Administrator (1) Mr. Little presented the Expenditure Report for the period January 1 through 15, 1972 for the consideration of the Council. Councilman McConaghay had several questions regarding some of the expenditures and they were clarified by Mr. Little. MINUTES - MORRO Regular Meeting Page Ten BAY CITY COUNCIL January 24, 1972 MOTION: Councilman McConaghay moved for the approval of the Expenditure Report for the period January 1 through 15, 1972. The motion was seconded by Councilman Donohoo and unanimously carried. (2) Mr. Little presented the Financial Report for the period July 1, 1971 through December 31, 1971 for the considera- tion of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Report for the period July 1, 1971 through December 31, 1971. The motion was seconded by Mayor'Mitchell and unanimously carried. (3) Mr. Little asked the Council which members would be attending the League of California Cities meeting in Santa Maria on February 10, 1972. Mayor Mitchell, Councilman Donohoo and Keiser stated that they would attend. CORRESPONDENCE 1. Letter from Allan Coates from the City of Carpinteria regarding the Coastal Conference February 25, 1972. Mr. Little asked the Council to make a determination on who should go to this con- ference. MOTION: Councilman Keiser moved that Councilman Donohoo and Mr. Little be authorized to attend the Coastal Con- ference in Carpinteria February 25, 1972. The motion was'seconded by Mayor Mitchell and unanimously carried. 2. Letter from the Chamber of Commerce inviting Council members to their annual installation dinner and dance. 3. Letter from the City of Camarillo requesting support of their resolution requesting the State Water Quality Control Board to initiate action on the implementation of stricter requirements on discharge to the ocean of municipal and industrial waste waters. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman McConaghay and unanimously carried. MOTION: Mayor Mitchell moved that the meeting be adjourned to executive session to consider personnel matters. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting adjourned to executive session at 9:53 p.m. and reconvened to regular session at 11:19 p.m. The Council discussed the method to advertise for the vacant position of Planning Commissioner. It was decided to proceed along the normal route for this type of position. The last day to file will be February 14, 1972. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 24, 1972 Page Eleven ADJOURNMENT MOTION: Councilman McConaghay moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting adjourned at 11:21 p.m. Recorded by: M. J. LITTjTLE', City Clerk By: Ardith Davis Deputy City Clerk 6 0 NOTICE OF ADJOURNED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an adjourned regular meeting on Monday, January 17, 1972 at 7:00 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider the following: 1. Parks and Recreation Commission applicants 2. Police facilities and land acquisition DATED: January 13, 1972 DALE C. MITCHELL, Mayor City of Morro Bay, California f M. LI TLE, City Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting January 17, 1972 7:00 p.m. City Hall Conference Room The meeting was called to order at 7:02 p.m. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay and Mayor Mitchell ABSENT: Councilman Walters 1. Parks and Recreation Commission Applicants MOTION: Councilman Keiser moved that the meeting be adjourned to executive session to consider applicants for Parks and Recreation Commissioner. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting adjourned to executive session at 7:04 p.m. At 7:15 p.m., it was noted that Councilman Walters was in attendance. The meeting reconvened to regular session at 8:22 p.m. MOTION: Councilman Keiser moved for the appointment of Harriet Holman to the vacant position of Parks and Recreation Commissioner. The motion was seconded by Councilman Donohoo and unanimously carried. 2. Police Chief Vacancy Council members discussed the vacant position of Police Chief created by the resignation of William E. Holeman and the method of filling the vacancy. 3. Land Acquisition Council members discussed the acquisition of various pieces of property available to the City. The City Administrator was directed to have the available property under consideration appraised. MOTION: Councilman Donohoo moved for adjournment. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting adjourned at 9:10 p.m. RECORDED BY: M. J. LITTLE, City Clerk By: 01ith Davis Deputy City Clerk C] C CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING January 10, 1972 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of December 27, 1971 HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of Mrs. Mary Phillips regarding complaints against the City of Morro Bay UNFINISHED BUSINESS B-1 Disposition of Centennial coins and supplies B-2 Curb, gutter and sidewalk survey - Priority No. 2 B-3 Request for Council determination of feasibility of proceeding with Embarcadero extension and Morro Creek Bridge construc- tion program B-4 Set date for discussion of land acquisition and police facilities NEW BUSINESS C-1 Request of the Morro Bay Art Association to use the City Park on certain dates C-2 Resolution requesting the Board of Supervisors of the County of San Luis Obispo to permit the County Clerk to render specified services to the City relating to the conduct of a general municipal election to be held on April 11, 1972 C-3 Request of the City Clerk for authorization to rent voting machines from County for municipal election C-4 Resolution requesting Pacific Indemnity Company as carrier and designation of Morro Bay Insurance Center as agent of record for submitting a proposal for insurance coverage for a three year term C-5 Resolution requesting Pacific Indemnity Company as carrier and designating Morro Bay Insurance Center as agent of record for short-term insurance coverage C-6 Policy determination on suggested City boat slips - Dunes Street area C-7 Request of Mike St. John for assignment of lease - Lease Site No. 28 C-8 Request of James Maul for permission to construct bicycle rack in auto parking space in front of Lease Site No. 10 INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 10, 1972 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Wood of the Assembly of God Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Mayor Mitchell ABSENT: None MINUTES Keiser, McConaghay, Walters and The minutes of the regular meeting of December 27, 1971 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman McConaghay and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of Mrs. Mary Phillips regarding complaints against the City of Morro Bay Mrs. Phillips stated that she was present because of the harass- ment she had been receiving and because she wanted the attention and help of the newspapers. She informed the Council that her house was deteriorating as her yard was retaining water because of the retain- ing walls. Mrs. Phillips stated that someone had been entering her property and house and trying to cover up evidence of this deterior- ation. She said she had been getting little help from City officials and wishes to obtain the attention of the public. She believes that other houses are also deteriorating in her neighborhood. The Council thanked Mrs. Phillips for her presentation. UNFINISHED BUSINESS B-1 Disposition of Centennial coins and supplies Mayor Mitchell noted that it had been the recommendation of the Centennial Committee to turn the remaining supplies and coins over to the Chamber of Commerce to use as they see fit. Councilman Donohoo suggested that some of the supplies could be used in the City Recreation Department. Mr. Duke, Chamber of Commerce Director, was present with samples of paper weights with the Centennial coins inlaid in them. He informed the Council that the Chamber plans to sell the coins as souvenirs or gifts to the public. The remaining supplies would be used in much the same capacity as the Centennial Committee was using them; -for prizes for various events. MOTION: Councilman Donohoo moved that Staff meet with the Chamber of Commerce and the Recreation Department i 6I MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL January 10, 1972 to go over the list of supplies left from the Centennial Committee activities to see if the City should retain any of the items for City use. The motion was seconded by Councilman Walters and unanimously carried. MOTION: Mayor Mitchell moved that the Centennial coins be turned over to the Chamber of Commerce. The motion was seconded by Councilman Donohoo and unanimously carried. B-2 Curb, gutter and sidewalk survey - Priority No. 2 Mayor Mitchell explained that Priority No. 2 was the second phase of installing curbs and gutters in various places throughout the City where more than 50% of the sidewalk and/or curb and gutters have been constructed. Mr. Little briefly told the Council where these improvements would take place. MOTION: Councilman Donohoo moved that the Public Works Director be authorized to notify the owners to construct these improvements. The motion was seconded by Councilman Keiser and unanimously carried. MOTION: Councilman Donohoo moved that February 14, 1972, be set as a hearing date for Priority No. 2. The motion was seconded by Councilman Walters and unanimously carried. B-3 Request for Council determination of feasibility of proceeding with Embarcadero extension and Morro Creek Bridge construction program Mayor Mitchell informed the Council that City Staff had been proceeding along the normal route for a project of this type, but that in view of the petition recently received in City Hall, the Council should decide if it is wise to proceed further. Opinion was asked of City Attorney, Mike LeSage. Mr. LeSage stated that he needed time to study the petitioned ordinance, but, assuming that it might be a valid ordinance, the City could run into trouble if it went ahead and contracted for the project and then the ordinance did become effective. The construc- tion would have to cease and the City could stand the chance of being sued by the contractor for damages. Mr. LeSage stated that he finds some serious ambiguities in the ordinance; one being that the ordinance prevents construction on private property which would again put the City in a position of being liable for suit by the property owner. He felt that the project proceedings should come to a halt until a determination is made as to the validity of the ordinance. MOTION: Mayor Mitchell moved that the City Administrator be directed to cease any further preparation toward the construction of the Embarcadero extension and Morro Creek Bridge until it can be determined if the peti- tioned ordinance is valid or not. The motion was seconded by Councilman Donohoo. ! 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 10, 1972 Page Three Joseph Giannini was present and asked the Mayor what recourse the taxpayers have if the Council determines the ordinance to be invalid. Mayor Mitchell stated that they would then have to go to the courts. The motion was unanimously carried. B-4 Set date for discussion of land acquisition and police facilities Mr. Little informed the Council that they had a meeting scheduled for January 17, 1972 to interview applicants for Parks and Recreation Commission, and that if they rescheduled the meeting to start at 7:00 p.m., they could discuss land acquisition after the interviews. MOTION: Mayor Mitchell moved that the meeting of January 17, 1972 be rescheduled to 7:00 p.m. and include the discussion of land acquisition and police facilities. The motion was seconded by Councilman Donohoo and unanimously carried. NEW BUSINESS C-1 Request of the Morro Bay Art Association to use the City Park on certain dates Mayor Mitchell stated that this request of the Art Association was for the displaying of their exhibits in the City Park as they have in the past. MOTION: Councilman Keiser moved that the Art Association be authorized to use the City Park on the specified dates provided they comply with the insurance requirements set by the City. Mr. Little stated that the City used a standard Use Permit Agreement form for the use of City property which should be used in this case. Councilman Keiser amended her motion to allow the Art Association the use of the City Park on the specified dates in accordance with the standard Use Permit Agreement. The motion was seconded by Councilman Walters and unanimously carried. C-2 RESOLUTION NO. 1-72. Resolution requesting the Board of Supervisors of the County of San Luis Obispo to permit the County Clerk of said County to render specified services to the City of Morro Bay, relating to the conduct of a general municipal election to be held in said City on April 11, 1972 MOTION: Councilman Donohoo moved that Resolution No. 1-72 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Little read Resolution No. 1-72 by title only. MOTION: Councilman McConaghay moved for the adoption of Resolution No. 1-72. The motion was seconded by Councilman Walters and unanimously carried by roll call vote. 0 1 q MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 10, 1972 Page Four C-3 Request of the City Clerk for authorization to rent voting machines from County for municipal election MOTION: Councilman Walters moved that the City Clerk be authorized to rent voting machines from the County for the municipal election. The motion was seconded by Councilman McConaghay and unanimously carried. C-9 RESOLUTION NO. 2-72. Resolution requesting Pacific Indemnity Company as carrier and designation of Morro Bay Insurance Center as Agent of Record for submitting a proposal for insurance coverage for a three-year term. MOTION: Councilman Donohoo moved that Resolution No. 2-72 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 2?72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 2-72. The motion was seconded by Mayor Mitchell. It was noted that the resolution allows the agent to submit a proposal. The motion was unanimously carried by roll call vote. C-5 RESOLUTION NO. 3-72. Resolution requesting Pacific Indemnity Company as carrier and designating Morro Bay Insurance Center as Agent of Record for short-term insurance coverage. Mayor Mitchell presented this resolution stating that an additional amount of time is needed in the present insurance cover- age as the policy is due to expire shortly. It will take a little time to acquire a new policy. MOTION: Councilman Donohoo moved that Resolution No. 3-72 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Little read Resolution No. 3-72 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 3-72. The motion was seconded by Councilman Walters and unanimously carried by roll call vote. C-6 Policy determination on suggested City boat slips - Dunes Street area. Mayor Mitchell reviewed the memorandum from City Staff regarding Lease Site No. 27, 28 and Dunes Street end. The memo asked for Council approval of retaining these parcels for City use and initia- ting necessary action to build dockage slips'arid make land improve- ments. Mayor Mitchell stated that the memo had his approval. Councilman McConaghay suggested that the Council go on to the next agenda item as it involved one of the sites included in the memo. 1 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 10, 1972 Page Five C-7 Request of Mike St. John for assignment of lease - Lease Site No. 28 Mayor Mitchell presented the request of Mike St. John to assign his lease to Ralph I. Gunther and Shiiley J. Gunther. Ralph Gunther presented to the Council an alternative to the proposal of City Staff for the three parcels mentioned above. His plan included the construction of a restaurant, some shops, and eleven boat slips. He also cited the projected income to the City throughout the years compared to City Staff's income and expenditures and stated that his plans were at no cost to the taxpayer. Councilman Keiser stated that the time has come to think of the fishing fleet; they need the space and it is up to the City to pro- vide it for them. Mayor Mitchell asked if Mr. Gunther could provide the Council with copies of his report so that they could study it further. Mr. George Sturgis stated that the fishermen are the people who spend their money in Morro Bay and should be taken into consideration. Mayor Mitchell stated that he would like to see this matter on the next agenda after Council has a chance to study the proposal. Councilman Walters requested the policy on leasing out street ends. Mr. Little informed the Council that the policy has been not to lease them out, but that it is not a firm policy. C-8 Request of James Maul for permission to construct bicycle rack in an auto parking space infront of Lease Site No. 10 Mr. Little presented the request of Mr. Maul to construct a bicycle rack in one of the automobile parking spaces to alleviate the bicycle parking problem on the waterfront. Mayor Mitchell requested information from the City Attorney as to what the City's position would be if they wanted to reestablish the parking space for automobiles. Mike LeSage stated that the Council could grant the request,' with the provision that the Council reserves the right to reestablish the parking space for automobiles. MOTION: Conncilman Donohoo moved that the request of Mr. Maul be granted with the restriction that the Council reserves the right to reestablish a parking space for automobiles and also, that Mr. Maul would donate the bicycle rack to the City. The motion was seconded by Councilman Walters and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser announced the appearance of John MINUTES - MORRO Regular Meeting Page Six. 1 BAY CITY COUNCIL January 10, 1972 t Veneman at the San Luis Obispo Chamber of Commerce on January 19, 1972. Mr. Veneman is to speak on Comprehensive Health Planning, and Councilman Keiser urged all those who could attend to do so as it promises to be an enlightening talk. (2) Mayor Mitchell informed the Council of the progress on the plans for the Centennial Stairway. He stated that the plans had started out as a scale model by some Cal Poly students. Upon the return of monies from the Centennial Committee, it was requested by them that the funds be used for this stairway. Since that time, the Rotary Club has allocated funds for drawing the plans. Mayor Mitchell and Donald Brown had been working toward its construc- tion and the Mayor now proposed the appointment of a committee to raise funds for the construction of the Centennial Stairway. He wished to appoint Lois Rowland as head of the committee which she had already agreed to do. As members, Mr. Korisheli who is doing a sculpture to be mounted at the head of the stairway, Mr. Maul,the architect to do the drawings for the stairway, Donald Brown, Doug Stuart and himself. With the Council's sanction, he proposed the following motion: MOTION: Mayor Mitchell moved that a committee be formed to raise funds for the Centennial Stairway; the head of this committee to be Lois Rowland and members Mr. Korisheli, Mr. Maul, Mr. Brown, Mr. Stuart and Mayor Mitchell. The motion was seconded by Council- man Donohoo and unanimously carried. D 2 City Attorney Michael LeSage reported on the Pipkin quiet title action. Judge O'Riley denied the motion of May Pipkin's attorneys to file an amended complaint. This makes it possible for the City to obtain a judgement. After this, her only recourse will be appeal. D-3 City Administrator (1) Mr. Little presented the Expenditure Report for the period December 16through 31, 1971 for the consideration of the Council. MOTION: Councilman McConaghay moved for the adoption of the Expenditure Report for the period December 16 through 31, 1971. The motion was seconded by Councilman Donohoo and unanimously carried. (2) Mr. Little requested Council approval for him to attend the State Lands Division briefing for General Plans on January 21, 1972 in Los Angeles. MOTION: Councilman Donohoo moved that the City Administrator be authorized to attend the State Lands briefings in Los Angeles on January 21, 1972. The motion was seconded by Councilman Walters and unanimously carried. CORRESPONDENCE None MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 10, 1972 Page Seven Mayor Mitchell presented the resignation of the Chief of Police, William E. Holeman, effective February 29, 1972 for the consideration of the Council. MOTION: Mayor Mitchell moved that the resignation of William E. Holeman as Chief of Police for the City of Morro Bay be accepted with regret. The motion was seconded by Councilman Donohoo and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that :the meeting be adjourned to January 17, 1972 at 7:00 p.m. in the City Hall Conference room to interview applicants for Parks and Recreation Commissioner along with consideration of land acquisition. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting adjourned at 9:07 p.m. RECORDED BY: M. J. LII)TTLE, City ��Clerk By: Ardith Davis Deputy City Clerk