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HomeMy WebLinkAboutJanuary to December 1969PUBLIC NOTICE The regular meeting of the Morro Bay City Council scheduled for December 23, 1969 has been cancelled by minute order action of the Council. The next regular meeting of the City Council will be held on January 13, 1970 at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California. DATED: December 11, 1969 WESLEY E. MALLERY, Mayor City of Morro Bay,,e�411ifornia WX041MMI Published in Sun 12-18-69 P.O. # 5-O7v! Sent to: Council KOAG RADIO KCOY TV KSBY TV KVEC RADIO KSLY RADIO KATY RADIO Telegram -Tribune The Bulletin John Sarber Charles Judsen City Attorney Wilfred Meacham Planning Dept. Public Works Dept. Fire Dept. Police Dept. Posted on City Hall Bulletin Board 0: 0 CORRECTED NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Tuesday, December 16, 1969 at 4:00 p.m. in the Conference Room of City Hall, 595 Harbor Street, Morro Bay, California, to consider the following matters: 1. Planning Commission personnel 2. Resolution approving lease and option agreement for fire apparatus. DATED: December 15, 1969 WESLEY E. MALLERY, Mayor City of Morro Bay, California 4M. LITT E, City Clerk Delivered to: The Sun The Bulletin 3:40 p.m. 12-15 cw Sent to City Council members NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Tuesday, December 16, 1969 at 4:00 p.m. in the Conference Room of City Hall, 595 Harbor Street, Morro Bay, California, to consider Planning Commission personnel. DATED: December 12, 1969 WESLEY E. MALLERY, Mayor City of Morro Bay, California BYI/' M. J. ITTLE, City Clerk Sent to: KOAG RADIO KCOY TV KSBY TV KVEC RADIO KSLY RADIO KATY RADIO Charles Judsen City Attorney City Council Telegram -Tribune Bulletin Sun John Sa'rber Wilfred Meacham Planning Dept. Public Works Dept. Fire Dept. Police Dept. Posted on bulletin board MINUTES - MORRO BAY Special Meeting December 16,,1969 City Hall Conference CITY COUNCIL 4:00 p.m. Room The meeting was called to order at 4:OO.p.m. by -Mayor Mallery. ROLL CALL PRESENT: Councilmen Bickford, Donohoo, Giannini, Keiser, and Mayor Mallery ABSENT: None Mayor Mallery noted that this special meeting had been called for the purpose of Council consideration of Planning Commission personnel; however, it had come to the attention of staff that a resolution must be passed by the City Council authorizing the execution of the lease purchase agreement for the new fire fighting equipment. Mayor Mallery stated that a corrected notice of special meeting had been prepared and delivered to the local newspapers as required by law. 1. Planning Commission personnel Mayor Mallery stated that the Planning and Building Superintendent, the City Administrator, Councilman Donohoo, and he had reviewed the applications received for Planning Commissioner. He stated that the committee had no recommendations to make to the Council at this time. Councilman Keiser suggested that the appointment of Planning Commissioners be deferred and that the applicants be interviewed by the Council. Discussion was held regarding the qualifications of the applicants. Mayor Mallery stated he felt many people in the community would be interested in serving on the Planning Commission, but would not apply for the position. He felt that Planning Commissioners should be appointed by individual Councilmen, noting that.the Mayor.of the City of San Diego makes all appointments to this board with the approval of the City Council. Further discussion was held concerning the necessary qualifications for appointment to the Planning Commission. _ MOTION: Councilman Bickford moved that the Council defer this to an indefinite time. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little stated he would publish another press release asking for applicants to serve on the Planning Commission. Council members indicated they would ask interested citizens to make application for this position. MINUTES - MORRO Special Meeting Page Two BAY CITY COUNCIL December 16, 1969 2. RESOLUTION NO. 96-69. RESOLUTION APPROVING LEASE AND OPTION AGREEMENT FOR FIRE APPARATUS MOTION: Councilman Donohoo moved that Resolution No. 96-69 be read by title only. The motion was seconded by Council- man Bickford and carried with Councilman Giannini voting "no". Mr. Little read Resolution No. 96-69 by title only. MOTION: Councilman Donohoo moved that Resolution No. 96-69 be adopted. The motion was seconded by Councilman Bickford and carried on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Mallery NOES: Councilman Giannini MOTION: Councilman Bickford moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting was adjourned at 4:30 p.m. Recorded by: M. J. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk a Ordinance No. 80 Resolution No. 93-69 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING December 9, 1969 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Adjourned regular meeting of November 24, 1969 2. Regular meeting of November 25, 1969 HEARINGS, APPEARANCES, AND REPORTS A-1 Report on purchase price of Atascadero Beach Tract park site A-2 Report on proposed county -wide dog ordinance A-3 Report on request of Mr. Mac Elvaine to connect to city sewer system A-4 Report of City Engineer on construction costs of Embarcadero extension and Morro Creek bridge UNFINISHED BUSINESS B-1 Request of Marlin Summer Fun Camp to lease portion of sandspit B-2 Ordinance creating and adding Section 8516 to Chapter V, Title VIII of the Morro Bay Municipal Code entitled "Motor Vehicles on Public Beaches" (first reading) NEW BUSINESS C-1 Receipt of check from Margaret Barberick in the amount of $1,000 for park fund C-2 Renewal of Use Permit to Virgil Moores for floating dock on Lease Site 113W C-3 Review of weed abatement ordinance C-4 Resolution approving Parcel Map MB 69-21 C-5 Resolution approving grant deed from Pierpoint Landing, Inc., a California corporation C-6 Resolution regarding rental schedule for'Pipkin type leases 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 December 9, 1969 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mallery with the Pledge of Allegiance. Rev. Gerald Schuler gave the invocation. ROLL CALL PRESENT: Councilmen Bickford, Donohoo, Giannini, Keiser, and Mayor Mallery ABSENT: None MINUTES The minutes of the adjourned regular meeting of November 24, 1969 and the regular meeting of November 25, 1969 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman Keiser and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS A-1 Report on purchase price of Atascadero Beach Tract park site Mr. Little informed the Council that staff had been contacted by the realtor representing the owner of lots 1, 2, and 3 of block 4-H, Atascadero Beach Tract. The total purchase price is $25,000. The owner had asked for this amount in cash; but is now asking that it be paid with $10,000 down and monthly payments of $200 plus 7% interest on the unpaid balance. Councilman Bickford inquired of the City Attorney if this type of purchase would be in violation of the future Council's perogative. Mr. Madden stated this purchase can be arranged in such a manner that it will not be in violation of the constitutional provision. Councilman Donohoo stated he could not justify buying any property with 7% interest since the city receives less than 7% interest on deposited funds. Councilman Keiser felt the city could not afford to miss this opportunity, since the additional interest involved in this type of purchase would only increase the selling price by approximately $3,000. Mayor Mallery felt issues such as this purchase should be put on the ballot in order to give the people an opportunity to decide if the money should be spent in this manner. Mrs. Kit Walling spoke in favor of the aquisition of this land for park purposes. MINUTES - MORRO BAY CITY COUNCIL. Regular Meeting December 9, 1969 Page Two Councilman Giannini disagreed with the location of this property as a proposed park and stated he could not approve of this expenditure. Further discussion was held concerning the purchase of this property. MOTION: Councilman Keiser moved that the city purchase this property, namely, lots 1, 2, and 3 of block 4-H in Atascadero Beach Tract, for the park. The motion was seconded by Councilman Bickford. Roll call vote: AYES: Councilmen Bickford and Keiser NOES: Councilmen Donohoo,'Giannini, and Mayor Mallery The motion failed to pass. A-2 Report on proposed county -wide dog ordinance Mr. Little advised the Council that City Administrators and other representatives of the six incorporated cities of the county will meet on December 10 to draft a tentative dog control ordinance for consideration by the mayors. No action necessary. A-3 Report on request of Mr. Mac Elvaine to connect to city sewer. system Mr. Little read the report of the Public Works Committee and the City Administrator recommending that until the capacity of,the sewer treatment plant is thoroughly analyzed, no consideration be given to this request. The report recommended that a representative of Carollo Engineers to contacted immediately to determine what will be necessary for an analysis of the sewer treatment plant capacity in order to determine future needs. The studies made by the Public Works Committee and the City Administrator showed that on several occasions the peak flow rate has been in excess of two million: gallons, which caused a concern as to the ability of the plant to handle the flow at the present time. Mr. Little further advised the Council that he had received a call from Mr. Jim Gates of the County Health Department who stated that the Water Quality Control Board is reluctant to grant permission to Mr. Mac Elvaine to install his own treatment plant when the city's plant is close to the proposed trailer park; and the county will not permit the use of septic tanks for the park. At the present time, the Water Quality Control Board is studying a similar situation and will shortly issue a statement concerning the capacity of treatment plants during peak flow periods. MOTION: Mayor Mallery moved that staff be directed to contact Carollo Engineers for the necessary information con- cerning a capacity analysis of the treatment plant. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL December 9, 1969 Mr. Little advised the Council that he would forward a copy of this report to the Cayucos Sanitary Board. A=4 Report of City Engineer on Construction costs of Embarcadero extension and Morro Creek bridge Mr. Little presented the engineer's cost estimate for this project, totaling $104,600. Of this cost, the city's portion would be approximately $91,400 to provide for a two-lane road with one lane for parking, 6' sidewalks, curbs, gutters, and street lights from the P.G.& E. Visitors' Center across Morro Creek. MOTION: Councilman Keiser moved that the City Council accomplish this project to extend the Embarcadero across Morro Creek at this time. Mr. Little suggested that it would be in order for the Council to direct staff to investigate various methods of financing for this type of program and submit recommendations to the Council at a later date. Councilman Keiser withdrew her motion. Further discussion was held concerning the type of financing for this project. MOTION: Councilman Keiser moved that staff study this project with regard to the method of financing to be used. The motion was seconded by Councilman Bickford. Councilman Keiser amended the motion to include submission of this report to the Council by the first Council meeting in January. The amendment was accepted by Councilman Bickford and the motion was unanimously carried. UNFINISHED BUSINESS B=1 Request of Marlin Summer Fun Camp to lease portion of sandspit Mr. Bailey was present and explained his group.'s intention to lease a portion of the sandspit immediately south of the south jetty for the purpose of setting up a camp to teach fishing, swimming, diving, surfing, sailing, and other water sports. He explained the proposed camp in detail for the benefit of the Council, requesting permission to lease approximately one acre of land on the sandspit. Council members were unanimously in their desire to keep this sandspit open and not allow any kind of development whatsoever. Mr. Bailey was informed that his request was denied. Discussion was held among Council members and staff concerning re -zoning the sandspit from Planned Development to Open Area. MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL December 9, 1969 B-2 ORDINANCE NO. '80. AN ORDINANCE CREATING AND ADDING SECTION 8516 TO CHAPTER V, TITLE VIII OF THE MORRO BAY MUNICIPAL CODE ENTITLED "MOTOR.VEHICLES ON PUBLIC BEACHES" (first reading) Mr. Little read Ordinance No. 80 in its entirety. Mayor Mallery declared that this constitutes the first reading of Ordinance No. 80. NEW BUSINESS C-1 Receipt of check from Margaret Barberick in the amount of $1,000 for park fund The members of the Council expressed their appreciation to Mrs. Barberick for her efforts in raising this money for the development of the city park on P.G.& E. property. Mayor Mallery directed staff to express the appreication of the Council by letter also. C-2 Renewal of Use Permit to Virgil Moores for floating dock on Lease Site No. 113W Mr. Little informed the Council that this Use Permit Agreement expires December 31, 1969 and may be renewed by minute order action of the Council. MOTION: Councilman Bickford moved that staff be directed to proceed with the renewal of the Use Permit to Virgil Moores for a floating dock on Lease Site No. 113W. The motion was seconded by Councilman Donohoo and unanimously carried. C-3 Review of weed abatement ordinance Mr. Little stated that the present ordinance provides that any person aggrieved over the weed abatement charges may not file a complaint with the City Clerk until August of the following year, at which time the Council must hear such a complaint and take any necessary action. Mr. Little presented a proposed ordinance amending the present ordinance to provide that aggrieved persons may file a complaint with the City Clerk prior to the first Council meeting in February. Mr. Little read Ordinance No. 81 in its entirety. Mayor Mallery declared this to constitute the first reading of Ordinance No. 81. RECESS: 8:35 p.m. RECONVENED: 8:40 p.m. C-4 RESOLUTION NO. 93-69. RESOLUTION APPROVING PARCEL MAP NO. 69-21 Mr. Little displayed Parcel Map No. 69-21 showing the re -alignment of the Embarcadero near the intersection of Dunes MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL December 9, 1969 Street. He explained that this map is merely an amendment to Parcel Map No. 68-30,changing the configuration of the Embarcadero at this point. Mr. Little read Resolution No. 93-69 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 93-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. C-5 RESOLUTION NO. 94-69. RESOLUTION ACCEPTING GRANT DEED FROM PIERPOINT LANDING, INC., A CALIFORNIA CORPORATION Mr. Little read Resolution No. 94-69 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 94-69. The motion was seconded by Councilman Gickford and unanimously carried by roll call vote. Mr. Little recommended that Council direct staff to send a letter of appreciation to Pierpoint Landing for grantint this property to the city in order to effect the re -alignment of the Embarcadero. MOTION: Mayor Mallery moved that staff be directed to express to Pierpoint Landing the city's appreciation for this grant. The motion was seconded by Councilman Donohoo and unanimously carried. C-6 RESOLUTION NO. 95-69. RESOLUTION CONCERNING LEASEHOLD TITLE INSURANCE MOTION: Councilman Donohoo moved that Resolution No. 95-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 95-69 by title only. MOTION: Councilman Bickford moved that Resolution No. 95-69 be adopted. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. C-7 Request for authorization to advertise for bids on Embarcadero (Added) Improvements Mr. Little requested Council,authorization to -;,advertise for bids for this project in order to save delay: MOTION: Councilman Bickford moved that staff be authorized to advertise for bids for the Embarcadero improvements. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 9, 1969 Page Six C-S Review of city fire fighting equipment (Added) Mr. Little informed the Council that the recently purchased re -built engine for the 1939 Federal Pumper blew up during a test run. A replacement engine is being shipped; however, the truck has been used ten years more than the usual life expectancy for fire equipment. This pumper was scheduled for replacement in 1972 and the city has $25,500 in reserve for this purpose. Howe Apparatus Company has a truck very similar to the 1963 pumper which would cost approximately $31,500 with the requested extra equipment and alterations. Mr. Little recommended that, should the Council be favorable to theacquisition of this new equipment, it be purchased on a lease -purchase arrangement. A loan can be secured from the Bank of America for 5 3/4% simple interest, while the $25,500 held in reserve is accumulating 6 1/4% interest. Mr. Little informed the Council that a $1,OOO trade-in allowance will . be given by Howe Apparatus on the purchase of the new truck. MOTION: Mayor Mallery moved that the city purchase this new Howe pumper for approximately $31,500 less $1,000 trade-in for the 1939 Federal. The motion was seconded by Councilman Bickford. Councilman Giannini did not feel this purchase is necessary. He felt the old truck should be repaired and used for another two or three years. He questioned how many times a truck such as this is used by the firefighters. Further lengthy discussion was held concerning the necessity of purchasing this equipment. Roll call.vote on motion: AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Mallery NOES: Councilman Giannini INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Donohoo reported on the 46th Annual National League of Cities Conference held in San Diego. He noted that some 3,500 delegates and representatives from all the federal agencies had attended this conference. Some six to eight workshops were held each day and Councilman Donohoo and Mayor Mallery endeavored to attend all workshops of interest to Morro Bay. He stated that these sessions were very informative and helpful, especially those concerning procedures and regulations governing federal aid programs. (2) Mayor Mallery gave a brief report on his attendance at this congress, noting that both large and small cities were represented and problems of importance to all cities were discussed. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 9, 1969_ Page Seven (3) Councilman Keiser informed the Council that she had received a request to serve on the Municipal Government and Administration Committee of the League of California Cities. She requested Council authorization to serve on this committee. MOTION: Mayor Mallery moved that Councilman Keiser be authorized to represent the City of Morro Bay on this committee. The motion was seconded by Councilman Donohoo and unanimously carried. (4) Councilman Giannini noted his disapproval of the amount of travel expense paid by the city to Council- man Donohoo and Mayor Mallery for their attendance at this conference. He stated that some $535 was paid by the city for this trip and he questioned the good gained by the taxpayers. Further discussion was held concerning the travel expenses and registration fees for this meeting. Mrs. Grace Hedges spoke in opposition to the city paying for Mrs. Mallery's registration at this conference. (5) Councilman Giannini reported an abandoned car located on city property between Sylvester Brothers' lease and May Pipkin's lease. He requested that this be removed and that the piles of redrock in the same area be leveled by the city crews. Mr. Little informed him that he would investigate this matter. D-2 City Attorney Mr. Madden reported that the Baynham's delinquent rental in the amount of $3,024 has been paid to the city. D-3 City Administrator (1) Mr. Little presented the Expenditure Report for the period November 16 - 30, 1969 for the approval of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period November 16 - 30, 1969. The motion was seconded by Councilman Bickford and unanimously carried. (2) Mr. Little presented the Financial Report for the period July 1, 1969 through November 30, 1969 for the approval of the Council. MOTION: Councilman Donohoo moved.for the approval of the Financial Report for the period July 1, 1969 through November.30, 1969. The motion was seconded by Councilman Bickford and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 9, 1969. Page Eight CORRESPONDENCE 1. Letter and resolution from City of Laguna Beach re establish- ment of marine sanctuaries adjacent to the California coast. Council directed staff to place this resolution on the agenda for the next Council meeting for consideration. 2. Letter from Morro Bay Chamber of Commerce supporting the establishment of Highway 41 as a scenic route. The Council directed staff to obtain more information con- cerning the procedure to be followed in establishing this highway as a scenic route, and report to the Council at the next meeting. 3. Letter from the Downtown Merchants of Morro Bay supporting the establishment of Highway 41 as a scenic route. 4. Letter from Morro Bay Chamber of Commerce commending Christmas decorations in downtown area. 5. Letter from Mrs. M. J. Fotter expressing appreciation to Mayor and staff for meeting with representatives of north Morro Bay concerning street problems. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Bickford and unanimously carried. MOTION: Councilman Donohoo moved that the next City Council meeting regularly scheduled for December 23, 1969, be d cancelle. The motion was seconded by Councilman Bickford and unanimously carried. ADJOURNMENT MOTION: Councilman Bickford moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting was adjourned at 9:40 p.m. Recorded by: Carolyn L. Wentzell Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING November 25, 1969 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of November 12, 1969 HEARINGS. APPEARANCES, AND REPORTS A-1 Report on Pipkin litigation settlement UNFINISHED BUSINESS B-1 Review of bids on Select System Project No. 45 B-2 Resolution accepting work and giving notice of completion for applying bituminous seal to various streets in the City of Morro Bay (Select System Project No. 43) NEW BUSINESS C-1 Relocation of 8" water main crossing Morro Creek C-2 Sewer connection - acreage charges 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 November 25, 1969 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Mallery at 7:30 p.m. with the Pledge of Allegiance. ROLL CALL PRESENT: Councilmen Bickford, Mayor Mallery ABSENT: None MINUTES Donohoo, Giannini, Keiser, and The minutes of the regular meeting of November 12, 1969 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman Bickford and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS A-1 Report on Pipkin litigation settlement Mr. Madden informed the Council that negotiations have been completed with the attorneys for the last of the landowners in the Pipkin litigation, Mr. and Mrs. Baynham. A few minor changes have been requested in the lease by the attorney for the Baynhams. He presented the following resolution for consideration by the Council, explaining the changes incorporated therein: RESOLUTION NO. 90-69. RESOLUTION APPROVING MODIFICATION IN BAYNHAM LEASE MOTION: Councilman Donohoo moved that Resolution No. 90-69 be read by title only. The motion was seconded by Council- man Bickford and unanimously carried. Mr. Little read Resolution No. 90-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 90-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. Mayor Mallery noted that the minutes of the meeting of November 12, 1969 had directed him to release a statement to the press for the purpose of clarifying the circumstances surrounding the "Holeman-Valley" incident. For the benefit of those present, he read the statement released to the press on November 20. The statement explained that certain information had been presented to Councilman Giannini during the month of September which indicated that certain materials belonging to the city may have been used on private property. Mr. Giannini then conducted his own investigation, MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 25, 1969 Page Two notifying the District Attorney and an investigator from the Attorney General's office, and after a period of three weeks, notifying the City Attorney of the matter. The information was then presented to the City Council during three executive sessions. Chief of Police Holeman and his attorney were brought before the Council during one of these closed sessions, and Ken Valley and his attorney at another. Each employee answered questions and there was no evidence of any moral wrongdoing; only of a mutual misunderstanding of the source and ultimate intended use of this small quantity of material, valued at approximately 60fi. Both employees have been reprimanded and suspended for a period of two weeks. Chief Holeman has now returned to duty and Ken Valley has accepted employment in another community. The Mayor's statement listed the following errors in the handling of this matter: (1) The matter should have been turned over to the Personnel Officer immediately for his investigation. (2) The Personnel Officer could then, had he found evidence of any wrongdoing, have taken disciplinary action as provided in the City Personnel Ordinance and the employees would have had the right of appeal to the City Council if they were dissatisfied with his action. Since the Council handled the entire matter, these employees now have no right of appeal. (3) No information should have been released by a member of the Council without the prior concurrence of the employees and the entire Council, since this matter was discussed in executive session. (4) No Council member should have violated the provisions of State law concerning the revealing of any infor- mation in executive session. UNFINISHED BUSINESS B-1 Review of bids on Select.System Project No. 45 Mr. Little informed the Council that bids have been received for the improvements on Bonita Street, Elm Avenue, Reno Court, and Main Street. The low bid was received from Harold D. Peterson in the amount of $40,642.64, which is 10% below the engineer's estimate for this project. Mr. Little explained that of the total bid price property owners will reimburse the city in the amount of $7,268.40. He further explained that the engineer's estimate was high for this project because of a new method which is being used which incorporates some 5" of asphaltic concrete as a base for the roadway; a method which proved to be less expensive than the usual method. MOTION: Councilman Donohoo moved that the contract for S. S. Project No. 45 be awarded to Harold D. Peterson in the amount of $40,642.64. The motion was seconded by Councilman Bickford and unanimously carried. is MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 25, 1969 Page Three B-2 RESOLUTION NO. 91769. RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR APPLYING BITUMINOUS SEAL TO VARIOUS STREETS IN THE CITY OF MORRO BAY (SELECT SYSTEM PROJECT NO. 43) MOTION: Councilman Bickford moved that Resolution No. 91-69 be read by title only. The motion was seconded by Council- man Donohoo and unanimously carried. Mr. Little read Resolution No. 91-69 by title only. MOTION: Councilman Bickford moved for the adoption of Resolution No. 91-69. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. B-3 RESOLUTION NO. 92-69. RESOLUTION ACCEPTING WORK AND GIVING (AddedT NOTICE OF COMPLETION OF QUINTANA ROAD IMPROVEMENTS IN THE CITY OF MORRO BAY (SELECT SYSTEM PROJECT NO. 42) Mr. Little informed the Council that subsequent to preparing the agenda for this meeting, notice was received that S. S. Project No. 42 has been completed and therefore it is necessary to file a notice of completion. MOTION: Councilman Bickford.moved that Resolution No. 92-69 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution No. 92-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 92-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. NEW BUSINESS C-1 Relocation of 8" water main crossing Morro Creek. Mr. Little informed the Council that the 8" main currently spanning Morro Creek on the westerly side of the off -ramp on Highway 1 near Atascadero Road intersection is scheduled for replacement during this fiscal year in order to eliminate the possibility of debris collecting on this structure during flooding such as occurred earlier this year. He stated that after a thorough inspection of the proposed project, staff has concluded that the work should be done by a contractor. Estimates have been obtained which are in excess of the amount budgeted for the relocation of this main. Mr. Little recommended that this project be delayed and budgeted for the next fiscal year. MOTION: Councilman Donohoo moved that this project be deferred until the next budget hearings. The motion was seconded by Councilman Bickford and unanimously carried. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 25, 1969 Page Four C-2 Sewer Connection - Acreage Charges Mr. Little read the memorandum report to the Council requesting permission to'amend Section 9200 of Ordinance No. 13 to include that sewer hook-up charges be made for certain areas within the city which are in the sewer district but not in the sewer assessment district, and that charges also be made for areas which are outside the city where annexation is not immediately possible. The report also requested permission to specify in this amendment that any money received from the $300 per acre sewer hook-up fee be set aside for future expansion of the sewer treatment plant. Mr. Madden concurred with this request and recommended that the Council direct staff to so amend the ordinance. Discussion was held among Council and staff members as to whether the fee which has been established at $300 per acre by the City Engineer for sewer hook-up charges is adequate. Mr. Little suggested that this charge be a subject of review of the Council and staff to determine if, in fact, it is sufficient. Discussion was held concerning the legality of charging use fees for individual trailers in trailer parks and the responsibility for maintenance of sewer lines outside the city limits. MOTION: Councilman Bickford moved that the Council authorize staff to amend the ordinance as requested. The motion was seconded by Councilman Donchoo and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council (1) Councilman Bickford asked if the City Personnel Officer has initiated any action to replace personnel who have recently left the city. Mr. Little informed Mr. Bickford that two positions are now vacant within the city; the position of Fireman and the position of Civil Engineering Assistant. He further advised the Council that the Director of Public Works has recommended that the position of Civil Engineering Assistant be filled with a Principal Engineering Ai a� or Junior Engineering Aide with the opportunity for advancement as experience is gained by that employee. He also informed the Council that the position of Fireman can be filled immediately from the list of applicants from the last test. (2) Councilman Keiser inquired when the city is going to hire a Public Works Director. Mayor Mallery replied that no qualified applicants have made application to the city and he recommended that the city re -advertise for this position. Mr. Little stated that excellent response has been received from the employment advertisement; however, he noted a determination must be made by the Council concerning the salary to be paid to u MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 25, 1969 Page Five such an employee. He noted that the salary for Registered Civil Engineers is considerably above the highest salary now paid by the city. Therefore, a complete revision of the city salary structure would be necessary if this position is filled. Mr. Little also informed the Council that the Public Works Department is being run quite well by the Acting Director of Public Works; and, in his opinion, the city does not need a Registered Civil Engineer for this position. Lengthy discussion was held between the Council and staff concerning the necessity of hiring a Registered Civil Engineer as Public Works Director, the cost of the services of the present City Engineer, the cost of properly staffing and equipping the office for a Civil Engineer, and the amount of engineering work which would actually be done by the Public Works Director. (3) Councilman Keiser requested that she be relieved of her duties as Council representative on the Economic Opportunity Commission. She stated she could no longer be objective about the administration of the Commission and felt someone else should assume this appointment. After further discussion, Mayor Mallery declared Councilman Keiser removed from the Economic Opportunity Commission and appointed Councilman Giannini to this post. MOTION: Councilman Donohoo moved that the Council ratify the appointment of Councilman Giannini to the Economic Opportunity Commission. The motion was seconded by Councilman Bickford and unanimously carried. (4) Councilman Giannini commented on the efforts of the Highway Committee, Assemblyman Ketchum, and Senator Grunsky which resulted in the temporary speed reduction on Highway 1. He felt the citizens of the community should support this reduction and felt it should become a permanent speed limit for this area. (5) Councilman Giannini stated he had appointed Mrs. Grace Hedges and Mr. Jim Ward to the Council Advisory Committee and the Mayor had removed Mr. Ward and substituted Rev. Schuler. He asked that the Council make a determination on the matter. Councilman Keiser stated she felt it is the Mayor's perogative to make the appointments to this committee. Mayor Mallery informed Councilman Giannini that Mr. Ward. had not been appointed to this committee by Councilman Giannini. Mr. Ward's name had been submitted for consideration only, since Mr. Giannini does not have the power to appoint members to this committee. Further lengthy discussion was held concerning appointments to this committee. • C MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 25, 1969 Page Six MOTION: Councilman Donohoo moved that the appointments made by the Mayor be ratified by the Council. The motion was seconded by Councilman Keiser and carried by voice vote with Councilman Giannini voting "no'.'. Mr. Jim Ward spoke at length, requesting to be appointed to this committee. He referred to certain statements made by Mayor Mallery at a Council meeting on May 6, 1968 concerning motel rates at a certain motel in the city. He also read an open letter to the Council Advisory Committee expressing his views. Councilman Bickford suggested that some groundrules be adopted concerning the duties of the Council Advisory Committee. Mayor Mallery agreed and appointed Mrs. Schwarzenbach and Mrs. Hedges to work with hin in setting these guidelines. (6) Councilman Giannini stated he had received numerous complaints from citizens concerning the animal control ordinance. Mayor Mallery advised him that the mayors of the county are giving serious consideration to this problem and will have definite recommendations in the near future. He noted that Wood's Animal Shelter is not adequately staffed to properly enforce the city's animal control ordinance and it would be costly to the city to provide for better enforcement. Mr. Czerwin spoke relative to the problem of enforcement of this law, citing an incident of a dog fight in his neighborhood. Neil Moses questioned the city's subsidizing Wood's Animal Shelter if their enforcement of the animal control ordinance is not adequate. Mr. Madden suggested two alternatives: (1) reasonable control with definite enforcement; or (2) a strict leash law. In the event the Council favors adopting a strict leash law, he suggested that public hearings be scheduled in order to give the public an opportunity to express their views. MOTION: Councilman Giannini moved that representatives from Wood's Animal Shelter be invited to attend the next Council meeting to discuss the possibility of a strict leash law for the city. The motion died for the lack of a second. Councilman Bickford suggested that the Council wait until the report of the mayor's committee studying this problem is submitted before taking any action. Councilmen Keiser and Donohoo agreed. MOTION: Councilman Giannini moved that public hearings be held concerning the enforcement of the leash law. The motion died for the lack of a second. MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL November 25, 1969 Councilman Keiser suggested that staff contact Mayor Jane Thompson of Arroyo Grande and ask the progress being made by the committee and how soon recommendations will be submitted. The Council agreed and so directed staff. (7) Mayor Mallery asked the status of bid advertisement for Lease Sites 10 and 15. Mr. Little informed him that these advertisements would be published shortly. (8) Mayor Mallery asked concerning the amendment to the city traffic ordinance concerning the regulation of traffic on the beaches. Mr. Madden informed him that this amendment would be presented for Council consideration at the next meeting. A-2 City Attorney Mr. Madden had nothing to report at this time. A-3 City Administrator (1) Mr. Little presented the Expenditure Report for the period November 1 - 15, 1969 for the approval of the Council. MOTION: Councilman Donohoo moved that the Expenditure Report for the period,November 1 - 15, 1969 be approved. The motion was seconded by Councilman Bickford and unanimously carried. (2) Mr. Little presented a request from the Lions Club for permission to use the City Park on December 22 and 23 for the distribution of gifts to children and photographs of children with Santa Claus. He recommended that the Council instruct staff to prepare the necessary Use Permit Agreement. MOTION: Councilman Donohoo moved that staff be directed to issue the necessary Use Permit for the Lions Club for the use of the City Park on December 22 and 23. The motion was seconded by Councilman Giannini and unanimously carried. CORRESPONDENCE 1. Announcement from First Christian Church of dedication of new fellowship Hall on Sunday, November 30, 1969. 2. Letter from Stan Dolezal re notification that he is no longer eligible to serve on the Planning Commission. 3. Letter from T. E. Caughell, John Willemsen, and Louis Claasen thanking city employees for assistance in improving streets. 4. Notice of joint meeting of City Council, Planning Commission, and Water Advisory Committee to discuss Leeds, Hill and Jewett `J MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 25, 1969 Page Eight feasibility report for a central San Luis Obispo County water supply project. 5. Request of Marlin Summer Fun Camp to lease a portion of the sandspit. The Council agreed to place this on the next agenda for Council consideration. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Bickford and unanimously carried. The meeting was adjourned at 9:35 p.m. Recorded by: M. J. LITTLE, City Clerk Carolyn f. Wentzell 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 Monday, November 24, 1969, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, to consider the following matters: 1. Acquisition of property for park in Atascadero Beach area 2. Proposed development of Morro Rock Park area 3. Matters of mutual interest to the Planning Commission and the City Council DATED: November 20, 1969 WESLEY E. MALLERY, Mayor City of Morro Bay, California B_2%/ . M. LIT LE, City Clerk Sent to: KOAG RADIO KCOY TV KSBY TV KVEC RADIO Charles Judsen City Attorney KSLY RADIO KATY RADIO Telegram -Tribune The Sun The Bulletin John Sarber City Council. Planning Commission City Council Advisory Committee Mr. Wilfred Meacham MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting November 24, 1969 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mallery. ROLL CALL PRESENT: Councilmen Bickford, Mayor Mallery ABSENT: None Donohoo, Giannini, Keiser, and Also Present: Planning Commissioners Dorn, Nagano, and Woll; City Attorney James A. Madden; Planning and Building Superintendent William J. Thomas; City Administrator M. J. Little;.and Deputy City Clerk Carolyn L. Wentzell. 1. Acquisition of property for park in Atascadero Beach area Mr. Little stated that an area in the Atascadero•Beach district between Nevis and Nassau Streets has been suggested as a possible site for a small community park. He displayed a map showing the area in question. This property is privately owned, is for sale, is rather centrally located, and contains a total of 1.641 acres. Councilman Keiser stated that the city master plan includes a green spot for this area. She suggested purchasing this property, planting trees and lawn and providing picnic benches. Mayor Mallery inquired concerning the cost of this property. Councilman Keiser stated the selling price is approximately $25,000. Mayor Mallery noted his agreement that a park is needed in the north Morro Bay area; however, he felt the city should study the availability of all land in the area before purchasing any property. Councilman Bickford stated the city could not afford to delay securing parcels this size because open areas are becoming more and more difficult to secure. He endorsed the idea of purchasing this property and recommended that the city investigate the matter further. Commissioner.Nagano stated that the Planning Commission concurred with the purchase of this property for park purposes. Mrs.Barnes spoke relative to the growth being experienced in this section of the city and the need for a park. Mrs. Ginsburg noted her concern about a park which may be used by children as well as by senior citizens. Councilman Giannini noted his concern about the cost of this purchase. He felt the cost for purchase and development of the park would be between $45,000 and $50,000; noting the problem of upkeep for the developed property. He suggested that a less costly MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting November 24, 1969 Page Two parcel be secured by the city. He also felt the property was not centrally located to serve the entire northern section of Morro Bay. Councilman Keiser noted that the questionnaire results indicated tremendous favor of the development of the new city park on P.G.& E. property and also using city funds for such a development. However, she felt this would not be necessary for the total development of this park in north Morro Bay since civic groups would support and contribute toward this project. MOTION: Councilman Bickford moved that the Council direct staff to delve into this matter and determine the purchase price for this land. The motion was seconded by Councilman Keiser. Mayor Mallery felt that questions such as this should be included on the ballot during the next election. He noted discussion between Council and staff concerning the imposing of a sewer charge and other sources of additional revenue for the city. He felt the voters of the community should be given the opportunity to decide if they want to develop such a park with general fund money. Marge McConaghay spoke 'relative to the fact that the city has some $99,000 in reserve for the acquisition of land and buildings. She noted her feelings that this land should be purchased by the city with money from this fund. Further discussion was held concerning the possible acquisition of this land for park purposes. Discussion was also held concerning the condition of Fire Station No. 1, whether or not more fire equipment is needed at Fire Station No. 2, and the proposed addition to the Recreation Hall. The motion was unanimously carried by roll call vote. Commissioner Nagano commented on the importance of community beautification. He felt this is an item of priority just as is water, sewer, etc. Mr. Gideon Peirce spoke on the need for more fire protection facilities in the north Morro Bay area. 2. Proposed development of Morro Rock Park area Mr. Little stated that at the last joint meeting of the Planning Commission and the City Council, certain maps were displayed and the proposed re -alignment and extension of the Embarcadero were discussed in an effort to increase the size of city -owned property available for lease. Both bodies have now approved this plan known as the "Morro Rock Park Road Alignment Plan" which creates a five acre parcel for lease site development,,south of Morro Creek and immediately west of the P.G.& E. property. Mr. Little suggested MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting November 24, 1969 Page Three that an assessment district be formed for the installation of this road. He requested that the Planning Commission and the City Council determine what is the highest and best use for this parcel of land. Councilman Giannini felt that a trailer park would provide the greatest good for the greatest number of people. He felt it is essential that such a facility be developed if the park at the rock is closed. He stated the city should proceed with this plan in all possible haste. Councilman Keiser agreed. She stated the area near the rock should be left open and this new lease site area should be used for camping purposes. She also felt the city should operate the new park for approximately three years and then lease the area to private enterprise. Councilman Bickford stated this would be no solution to the crowded camping conditions in the city during the summer months. When facilities are full, people must be turned away. He stated he was not necessarily adverse to making a trailer park in this area, but he did not feel this will solve all camping problems. He did feel the city should consider this very seriously since this parcel is the last remaining land this size belonging to the city. Commissioner Nagano concurred with Councilman Bickford. He stated he would hate to see an area of this size permanently converted into a trailer park. He did feel that if the city closes the park adjacent to Morro Rock, another facility should be provided for a reasonable overflow of campers; however, this lease site could support high-rise structures. Further discussion was held concerning the highest use for this property. Commissioner Dorn stated he was in agreement with the idea of a trailer park in this area. Commissioner Woll did not feel she was prepared to decide the permanent use of this property. Mr. Madden stated the city has not given sufficient study to this matter. He stated this is a very desirable piece of property, the last large piece of land belonging to the city, and suggested if the Council decides to use this for camping on a temporary basis that this be put out on a short-term development lease. Further discussion was held concerning the best use for this property. MOTION: Councilman Giannini moved that the lease site designated as "lease site for recreation -oriented facilities" which is shown on the map entitled "Morro Rock Park Road Align- ment" be designated as a trailer park. The motion was seconded by Mayor Mallery. i it MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting November 24, 1969 Page Four Discussion was held concerning the necessity of installing the bridge over Morro Creek. Mr. Little stated there are two methods of development for the area in question: (1) Install a minimum development for overflow campers, which would be possible without an elaborate road system or a bridge; or (2) Establish an improvement district for the installation of the road and let the revenue from the lease pay for the assessment. Commissioner Dorn inquired if the city is planning to develop the road even if the lease site is not put to immediate use. Mayor Mallery replied "no". Councilman Keiser replied "yes". She felt this would allow traffic circulation and increase the revenue from waterfront businesses. Commissioner Nagano agreed that the construction of this road and bridge would be a tremendous asset for the business community. After the road is opened, the possibilities for the development of the lease site are endless. Commissioner Dorn agreed. He felt that proposals would be received from private enterprise if the road is opened. Mr. Madden suggested consideration of the methods of financing that can be used for this project. Mr. Little .stated the city's share would be approximately $75,000 and the property owner's share would be $25;000. Roll call vote on motion: AYES: Councilmen Donohoo, Giannini, and Mayor Mallery NOES: Councilmen Bickford and Keiser The motion was carried. Discussion was held concerning the method of financing for this project. Councilman Bickford suggested that cost estimates be presented to the Council before making a determination as to whether or not the road will be constructed. Mr. Little informed the Council that engineer's estimates could be presented at the next Council meeting on December 9. Mayor Mallery commented briefly on his suggestions for the beautification of the area adjacent to Morro Rock. RECESS: 9:26 p.m. RECONVENED: 9:33 p.m. 3. Matters of mutual interest to Planning Commission and MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting November 24, 1969 Page Five (1) Councilman Giannini stated he felt the Council had made an error in terminating Stan Dolezal's term of office on the Planning Commission. He felt Mr. Dolezal should be allowed to remain on the Planning Commission until December 31 and a letter of appreciation should be directed to him from the Council. Councilman Keiser stated that Stan Dolezal no longer lives in Morro Bay and must be a resident in order to be a member of the Planning Commission. However, she felt Stan Dolezal should be commended for his work as a Planning Commissioner. Councilman Donohoo stated that Mr. Dolezal should have resigned from the Planning Commission immediately upon moving from the city. Mr. Little suggested that the Council request that Stan attend the next two meetings of the Planning Commission as an honorary member, if the Council so desires. MOTION: Councilman Giannini moved that the City Council request Stan Dolezal to attend the next two meetings of the Planning Commission informally without voting privileges. The motion was seconded by Councilman Bickford and unanimously carried. A brief discussion was held concerning the appointment of the new Planning Commissioners. Council agreed that these appointments should be made by the last Council meeting in December. (2) Discussion was held concerning purchasing blank certificates of appreciation to be presented to members of city commissions and boards when their terms of office are completed. MOTION: Councilman Giannini moved that the City Administrator be authorized to purchase a nominal amount of certificates of appreciation. The motion was seconded by Mayor Mallery and unanimously carried. (3) Councilman Keiser informed the Council and the Planning Commission that Mr. Hoffman has contacted her with a proposal to install a miniature passenger train along the Embarcadero to carry 50 passengers. She noted this would be an excellent tourist attraction. Discussion was,held concerning this proposal. (4) Mr. Little stated he had received a letter from the San Luis Obispo County Flood Control and Water Conservation District requesting a joint meeting of the City Council, Planning Commission, and Water Advisory Committee to consider the Leeds, Hill and Jewett feasibility report for a central San Luis Obispo County water supply project. The date for this meeting would be January 7, 1970. 0 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting November 24, 1969 Page Six MOTION: Councilman Donohoo moved that a joint meeting of the City Council, Planning Commission, and Water Advisory Committee be held on January 7, 1970 in the Recreation Hall to consider this report. The motion was seconded by Councilman Keiser and unanimously carried. (5) Councilman Giannini stated he had received calls from people who wish to move to this area and moor their boats in the harbor. At the present time, no mooring facilities are available for additional boats. He felt the city should make this a priority and consider the installation of some type of mooring facilities on the waterfront. Mr. Madden stated that one natural area for such a facility would be between South Street and the boat launching ramp. He reported that several property owners have indicated their willing- ness to join in a boundary agreement in this general area, which would make the land available for such a facility. Councilman Keiser stated she had been contacted by a group of fishermen who were interested in such a facility and they will appear before the Council at a later date with their request. Further discussion was held concerning the need for adequate mooring facilities in Morro'Bay. Mayor Mallery suggested using the area along Coleman Drive between Morro Rock and the Den-Dulk property for this purpose. Discussion was held relative to the number of commercial boats which could be moored in this area and the highest uses for this property. MOTION: Councilman Giannini moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. Recorded by: M. J. LITTLE, City Clerk Carolyn L. Wentzell Deputy City Clerk N_O_T_I_C_E_ Because of a national holiday occurring on Tuesday, November 11, 1969, the regular meeting date of the Morro Bay City Council, this meeting will be held at 7:30 p.m. on Wednesday, November 12, 1969, in the Morro Bay Recreation Hall, corner of Shasta Avenue and Dunes Street, Morro Bay, California. DATED: November 10, 1969 i M. J. TILE City A ministrator City of Morro Bay, California Sent to: KOAG RADIO KCOY TV KSBY TV KVEC RADIO KSLY RADIO KATY RADIO Telegram -Tribune The Sun The Bulletin John Sarber Charles Judsen City Council City Attorney Wilfred Meacham CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING November 12, 1969 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Special meeting of October 16, 1969 2. Executive meeting of October 16, 1969 3. Special meeting of October 21, 1969 4. Executive meeting of October.21, 1969 5. Regular meeting of October 28, 1969 HEARINGS, APPEARANCES, AND REPORTS A-1 Report of Planning Commission on compatible uses for Lease Sites 10 and 15 UNFINISHED BUSINESS B-1 Review of bids for water system improvements - 8" and 12" mains B-2 Resolution designating Morro Rock Park and adopting the road alignments contained therein B-3 Proposed ordinance to control use of motor vehicles on city beaches B-4 Proposed date and agenda for joint City Council - Planning Commission meeting B-5 Consideration of expiration date for Planning Commissioner terms of office NEW BUSINESS C-1 Request of Mr. Mac Elvaine for information concerning connection to existing city sewage system INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT To be adjourned to date of joint meeting with Planning Commission 9 MINUTES - MORRO BAY Regular Meeting November 12, 1969 Morro Bay Recreation CITY COUNCIL 7:30 p.m. Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Gerald Schuler gave the invocation. ROLL CALL PRESENT: Councilmen Bickford, Donohoo, Giannini, Keiser, and Mayor Mallery ABSENT: None MINUTES The minutes of the special meeting of October 16, 1969, the executive meeting of October 16, 1969,.the special meeting of October 21, 1969, the executive meeting of October 21, 1969, and the regular meeting of October 28, 1969 were considered by the Council. MOTION: Councilman Keiser moved that the minutes be approved as written. The motion was seconded by Councilman Giannini and unanimously carried. Mayor Mallery stated that upon returning home from a hunting trip he had found the city in some turmoil and confusion concerning the Chief Holeman and Ken Valley incident. He stated there had been a breach of security by a member of the Council and therefore the other members of the Council had asked him to prepare a brief statement to be released to the press, hopefully by Monday evening. MOTION: Councilman Donohoo moved that the Council authorize the Mayor to prepare this statement for release to the press. The motion was seconded by Councilman Bickford. Councilman Giannini inquired concerning the contents of this statement. Mayor Mallery informed him that comments had been made by the press concerning the incident and this statement would endeavor to correct what he felt was "irresponsible journalism" on the part of the press. Councilman Giannini noted his feeling that the press had not been irresponsible in their reporting. He stated he had given the press certain information after the last regular meeting of the Council which he felt the public had a right to know. He further stated he would not support a statement attacking the press in their reporting of this matter. Councilman Keiser stated the information given the press by Councilman Giannini was of a confidential nature, since it involved matters discussed in executive session. She stated the Council now desires to make all the facts known to the public in order to correct any misunderstandings that have 'developed.' 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 12, 1969 Page Two Mayor Mallery agreed with Councilman Keiser�s statement and noted he had no intention of attacking the press. The motion was carried unanimously by voice vote. HEARINGS, APPEARANCES, AND REPORTS A-1 Report of Planning Commission on compatible uses for Lease Sites 10 and 15 Mr. Little read a report of the action taken by the Planning Commission in studying the compatible uses for these lease sites as directed by the City Council. The results of this study are as follows: (1) A list of compatible uses for the area encompassing Lease Site No. 15 was developed. (2) The Planning Commission recommended the deletion of Lease Site No. 10 from the Embarcadero Parking Plan and that this site be considered for leasing purposes; and (3) Compatible uses for the area encompassing Lease Site No. 10 were developed. Mr. Little stated that staff recommends that these lease sites be put out for competitive bidding. Mr. Madden further recommended that the city call ,for written proposals with the following requirements: Cl) A minimum bid of $1;0.9.9_.81 annual rental, for Lease Site No. 10; (2) A minimum bid of $631.59 annual rental for Lease Site No. 15; and (3) Permitted uses according to those adopted by the Planning Commission for each site. MOTION: Councilman Giannini moved that the Council delete Lease Site No. 10 from the Embarcadero Parking Plan. The motion was seconded by Councilman Keiser and unanimously carried. MOTION: Councilman Donohoo moved that the Council authorize the City Administrator to proceed with advertising for bids for Lease Sites 10 and 15. The motion was seconded by Councilman Keiser and unanimously carried. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL November 12, 1969 UNFINISHED BUSINESS B-1 Review of bids for water system improvements - 8" and 12" mains Mr. Little informed the Council that bids have been received for Phase 2 of the water storage project. Phase 2 of this project consists of 467' of 8" and 1,624' of 12" water mains necessary to connect the new 1.0 m.g. water storage tank to existing pumping lines. The low bid was received from W. M. Lyles Company in the amount of $16,679.28 which is less than the engineer's estimate for the project. He recommended that the contract.be awarded to the low bidder. MOTION: Councilman Donohoo moved that the contract for Phase 2 of the water storage project be awarded to W. M. Lyles Company in the amount of $16,679.28. The motion was seconded by Councilman Keiser and unanimously carried. B-2 RESOLUTION NO. 89-69. RESOLUTION DESIGNATING MORRO ROCK PARK AND ADOPTING THE ROAD ALIGNMENTS CONTAINED THEREIN Mr. Little read Resolution No. 89-69 in.its entirety. He then displayed a map showing the re -alignment of the Embarcadero, extending past Morro Dunes Trailer Park and meeting Atascadero Road near the sewage treatment plant. He stated this plan would.make some 5.67 acres available as a lease site for trailer park facilities similar to Morro Dunes. He informed the Council that the Planning Commission has adopted this plan by the passage of Planning Commission Resolution No. 2-69. Mayor Mallery expressed concern over the designation of this area as "Morro Rock Park". Mr. Little explained that this is merely a means of identifying this particular piece of property and does not require that the area be made a park. Discussion was held concerning the re -alignment of Embarcadero Road and the method of financing to be used. MOTION: Councilman Keiser moved for the adoption of Resolution No. 89-69. The motion was seconded by Councilman Giannini and unanimously carried by roll call vote. Councilman Giannini asked how soon this project could be put out to bid. He felt the Council should proceed as quickly as possible in order to be ready for the coming tourist season. Mr. Little stated if the Council wishes to implement this plan, the road should be constructed by the city and then the lease put up for bid. Revenue from the lease would then begin paying for the improvements. However, he felt that the site could not be prepared in time for the summer tourist season. Councilman Bickford stated he was not entirely convinced that a trailer park is the best use for this land and asked the Council to consider this very seriously before deciding. r 41 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL November 12, 1969 Mayor Mallery agreed that serious consideration must be given to the implementation of this re -alignment plan, the proper use for the lease site, and the installation of the necessary bridge. Mr. Little suggested that this matter be further discussed with the Planning Commission members at the joint meeting to be held shortly. Councilman Bickford agreed and suggested that the Planning Commissioners be informed of this topic of discussion. The Council directed staff to so inform the Planning Commission. Councilman Keiser indicated her agreement with Councilman ' Giannini that the city should proceed with this plan as soon as possible. B-3 Proposed ordinance to control use of motor vehicles on city beaches Mr. Little informed the Council that the Municipal Code may be amended to include regulation of this type of traffic; however, the Council must decide if motor vehicles are to be prohibited from the beaches, and if not, the maximum speed limit requirements. Staff will then prepare the necessary ordinance. Councilman Bickford felt vehicles should be allowed on the beach, at least for the present. He was in favor of a 15 m.p.h. speed limit. Councilman Donohoo indicated he was absolutely opposed to allowing vehicles on the beach. Councilman Keiser reported she had contacted various citizens to determine how the community felt about this. She noted the consensus was that vehicles should be prohibited on the beach. However, adequate parking facilities are necessary to provide access to the beach. She agreed with Councilman Donohoo that no vehicles should be allowed on the beach. Councilman Bickford stated he would agree with prohibiting vehicles on the beach after the construction of the beach frontage road, but until that time, vehicles should be allowed in this area. Councilman Giannini was opposed to closing the beach to motor vehicles and felt that 15 m.p.h. was an adequate restriction. Mayor Mallery stated he was in favor of allowing motor vehicles on the city beaches. MOTION: Councilman Bickford moved that staff be instructed to prepare an ordinance controlling the use of motor vehicles on city beaches, limiting the vehicle speed to 15 m.p.h. The motion was seconded by Councilman Giannini. Roll call vote: 0 E MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 12, 1969 Page Five AYES: Councilmen Bickford, Giannini, and Mayor Mallery NOES: Councilmen Donohoo and Keiser The motion was carried., B-4 Proposed date and agenda for joint City Council - Planning Commission meeting Mr. Little informed the Council that the Planning Commission has selected Monday, November 24, for a joint meeting with the Council. He recommended that this meeting be adjourned to that date in order to allow discussion on any matters of importance to both groups. Councilman Giannini suggested that the City Council Advisory Committee also attend this meeting. He stated he would like to discuss the questionnaire results with both the Planning Commission and the City Council Advisory Committee. Mayor Mallery stated the City Council Advisory Committee had discussed the results of this questionnaire in depth at their last meeting. Councilman Donohoo suggested that the agenda for this joint meeting be kept at a minimum due to the fact that the City Council will meet in regular session the following evening. Mayor Mallery noted that members of the City Council Advisory Committee were present and he asked if they would be able to attend this meeting. Mrs. Schwarzenbach indicated she would be able to attend: Mrs. Sands indicated she could not. Councilman Bickford suggested that the City Council Advisory Committee be informed of this meeting and that they are -welcome to attend. Councilman Giannini stated he had appointed Mrs. Hedges and Mr. Ward to this committee and these people had not been informed of their appointment. Mayor Mallery informed Councilman Giannini these two nominees were under consideration at this time. Discussion was held among the Council members concerning the duties of the Council Advisory Committee. MOTION: Councilman Donohoo moved that the joint meeting between the Planning Commission and the City Council be held on Monday, November 24, 1969. The motion was seconded by Councilman Bickford and unanimously carried. B-5 Consideration of expiration date for Planning Commissioner terms of office Mr. Little informed the Council that the terms of two Planning Commissioners will expire December 31, 1969. He requested that the Council determine if the existing ordinance is to remain in effect MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL November 12, 1969 or if it is to be amended to change the expiration dates of Planning Commission terms of office. Mayor Mallery suggested that staff be directed to request that citizens interested on serving on this commission submit applications to the Council for consideration. Councilman Bickford stated he felt that this Council should not make four year appointments at this time, since a new Council will be seated in April of 1970. He suggested that the two Planning Commissioners whose terms will expire in December be granted an extension of their terms until June 30, 1970 to allow the new Council to make the appointments. Councilman Giannini stated he was in agreement that the terms of the Planning Commission run concurrently with the terms of the City Council. Councilman Bickford stated he felt the terms should expire in June following elections rather than in April. Discussion was held relative to changing the existing Planning Commission Ordinance to provide for commission terms to expire on June 30 following elections and also concerning the legality of allowing Stanley Dolezal, a present member of the Planning Commission, to remain a member since he is no longer a resident of this city. MOTION: Mayor Mallery moved that the Council fill the terms of office on the Planning Commission as specified in the present ordinance and that staff be directed to inform the community that two vacancies exist and interested citizens may submit their names to a screening committee of two Council members who will then present them to the Council. The motion was seconded by Councilman Donohoo and carried by the following roll call vote: AYES: Councilmen Donohoo, Keiser, and Mayor Mallery NOES: Councilmen Bickford and Giannini RECESS: 8:50"p.m. RECONVENED: 9:00 p.m. NEW BUSINESS C-1 Request of Mr. Mac Elvaine for information concerning connection to existing city sewage system Mr. Little informed the Council that a request has been submitted by Mr. Mac Elvaine for city consideration of accepting sewage from a proposed trailer park to be located east of the city, with the developer furnishing.the necessary connecting sewer line's on an easement from the Division of Highways. Mr. Little read a memorandum report stating that if this request is approved, the developer would be required to pax $300 per acre flat fee for the 56 acres. This money would be applied to the sewer plant building MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL November 12, 1969 reserve. In addition to this flat charge, the city would receive a monthly or yearly fee for sewage treatment; however, no estimate can be given of this fee. The report noted that an 8" line from the trailer park would be adequate; however, it would have to join a 6" line near the intersection -of Highway 41 and Main Street which might cause future problems. Also, this park could result in a 10% increase in sewage treatment requirements for the city. Mr, Little recommended that this matter be given serious consideration by the Public Works Committee with a report back to the Council at a later date. Mr. Mac Elvaine was present and displayed a map of the proposed trailer park, explaining his plans. Lengthy discussion followed concerning the feasibility of granting this request. MOTION: Councilman Keiser moved that the Public Works Committee be directed to consider this matter and report back to the Council. The motion was seconded by Councilman Bickford and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Donohoo noted that a misunderstanding exists in the community regarding the enabling ordinance adopted at the last Council meeting entitled "Limited Time Parking". He stated that many citizens feel that parking on Morro Bay Boulevard has been restricted by this ordinance; whereas the ordinance merely gives the City Council power to limit parking in the city but does not specify which areas or the length of time. Mayor Mallery explained that this ordinance requires that the areas to be restricted are to be specified by resolution of the City Council at a later date. This will make it less difficult to set up restricted parking where it is needed. (2) Councilman Giannini stated he had received a complaint from Mrs. Ricketts about excessive tree trimming on Kings Avenue and he inquired if the Tree Committee has been activated. Mr. Little informed Councilman Giannini that.he'*has been in contact with the Tree Committee; however, the trimming of trees on Kings Avenue was done on the recommendation of Layton Tree Service. Mayor Mallery noted he had heard comments to the effect that not enough tree trimming has been done, but he felt most people were glad that the trees have been trimmed. (3) Councilman Giannini stated he had talked to'Mr. Teixeira recently and of some 25 junk cars handled by Tex's Paint and Body Shop, only 3 were billed to the city, since the cost of the others was paid by the owners. is MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL November 12, 1969 (4) Councilman Keiser informed the have been planted at the corner the old trees were removed by permission D-2 City Attorney Council that three new trees of Kern and Olive where of the Council.. Mr. Madden had nothing to present at this time. D-3 City Administrator (1) Mr. Little presented the Expenditure Report for the period October 16-31, 1969 for the approval of the Council. MOTION: Councilman Donohoo moved that the Expenditure Report for the period October 16-31, 1969 be approved. The motion was seconded by Councilman Bickford and unanimously carried. (2) Mr. Little presented the Financial Report for the period July 1, 1969 through October 31, 1969 for the approval of the Council. MOTION: Councilman Bickford moved that the Financial Report for the period July 1, 1969 through October 31, 1969 be approved. The motion was seconded by Councilman Donohoo and unanimously carried. (3) Mr. Little presented a transfer voucher in the amount of $18,907.00 for the approval of the Council. MOTION: Councilman Donohoo moved that the transfer of funds in the amount of $18,907.00 be approved. The motion was seconded by Councilman Bickford and unanimously carried. (4) Mr. Little noted that the Council has previously made a determination that the retirement age for city personnel is 65 years of age, unless the position is non -hazardous; in which case the age may be extended by action of the Council. He informed the Council that the Director of Finance will reach the age of 65 on November 27 and that he had requested that the age requirement be waived in his case. MOTION: Councilman Donohoo moved that the age requirement be waived in the case of the Finance Director, Carl Ludeman. The motion was seconded by Councilman Bickford. Councilman Giannini stated he had received numerous complaints from citizens concerning city personnel who do not reside in Morro Bay. He felt that people employed by the city should live within the proximity of Morro Bay and spend their money here. He opposed waiving the age requirement, stating that 65 is a good age to retire and take it easy. He felt the city should employ a Finance Director who lives in the city and pays taxes. Mayor Mallery inquired concerning the amount of time the Council `J MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL November 12, 1969 would allow Mr. Ludeman to continue in the city's employment after 65. He stated it would be necessary to know the amount of time proposed by Mr. Ludeman to continue as Finance Director in order that the Council would have adequate time to hire a replacement. He felt a year's time would be necessary to hire and train a new department head. Councilman Donohoo explained that the compulsory retirement age had been adopted by the Council with the understanding that the age limit could be waived by the Council for employees with non -hazardous positions. However, 70 years of age is the maximum limit for retirement. Councilman Donohoo further stated he had been informed by Mr. Ludeman that he only wishes to work another year or possibly 18 months before retirement. Mayor Mallery stated if this is the case, he would like some committment from Mr. Ludeman as to how long he intends to remain in the employ of the city so that plans may be made in the near future for his replacement. Councilman Bickford suggested that the Salary and Classification Review Committee study this matter. Councilman Donohoo suggested that the position of Assistant City Administrator and Finance Director be combined in the future. Councilman Donohoo amended his motion to include the waiver of retirement age requirement for Mr. Ludeman to 70 years of age. The amendment was accepted by Councilman Bickford and carried by voice vote with Councilman Giannini voting "no". CORRESPONDENCE 1. Card from Fred and Helen Sheldon expressing appreciation for tree trimming done by the city. Councilman Keiser inquired concerning jurisdiction over the mooring in the bay. She stated two moorings are located in front of the Golden Tee beyond the marina with a 65' chain with a boat on it. This chain is hazardous to boats and the marina during rough weather. Mr. Little stated if this chain is outside the anchorage area, it is in violation. He advised Councilman Keiser he would investigate the situation. Mayor Mallery gave a brief report on the Mayors' Meeting he and Mr. Little had attended this date. Discussion was held concerning the city's contract with Woods Animal Shelter and the enforcement of the animal control ordinance. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 12, 1969 Page Ten W�� MOTION: Councilman Keiser moved that the meeting be adjourned to 7:30 p.m. on Monday, November 24, in the Morro Bay Recreation Hall. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting was adjourned at 10:00 p.m. Recorded by: �1. M. J. LI TLE City Clerk 6 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING October 28, 1969 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Adjourned regular meeting of October 13, 1969 2. Regular meeting of October 14, 1969 HEARINGS, APPEARANCES, AND REPORTS A-1 Appearance of Neil Moses UNFINISHED BUSINESS B-1 Ordinance No. 79 - Limited Time Parking (Second Reading) B-2 Review of bids for Embarcadero and Dunes Street water lines B-3 Review of bids for Water Department dump truck NEW BUSINESS C-1 Re -scheduling or cancellation of Council meeting on November 11 - legal holiday C-2 Street improvements by property owners in upper Del Mar area INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT F-I MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 28, 1969 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Pro Tem Donohoo at 7:30 p.m. with the Pledge of Allegiance. Rev. George Wood gave the invocation. ROLL CALL PRESENT: Councilmen Bickford, Giannini, Keiser, and Mayor Pro Tem Donohoo ABSENT: Mayor Mallery MINUTES The minutes of the adjourned regular meeting of October 13, 1969 and the regular meeting of October 14, 1969 were considered by the Council. MOTION: Councilman Bickford moved the minutes be approved. as written. The motion was seconded by Councilman Keiser and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS A-1 Appearance of Neil Moses Mr. Moses was not present at this time. UNFINISHED BUSINESS B-1 ORDINANCE NO. 79. AN ORDINANCE CREATING AND ADDING SECTION 8620 TO CHAPTER VI, TITLE VIII OF THE MORRO BAY MUNICIPAL CODE ENTITLED "LIMITED TIME PARKING" Mr. Little read Ordinance No. 79 in its entirety. MOTION: Councilman Giannini moved for the adoption of Ordinance No. 79. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote with Mayor Mallery absent. B-2 Review of bids for Embarcadero and Dunes Street water lines Mr. Little stated the low bid received for this project was approximately $3,500 in excess of the engineer's estimate. The low bid was received from West Coast Construction Company in the amount of $19,852.17. MOTION: Councilman Keiser moved that the Council accept the low bid from West Coast Construction in the amount of $19.852.17. The motion was seconded by Councilman Bickford and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 28, 1969 Page Two B-3 Review of bids for Water Department dump truck Mr. Little informed the Council that the low bid for this truck was received from Larry Smith Chrysler in Paso Robles in the amount of $7,792.20. MOTION: Councilman Bickford moved that the City Council accept the low bid from Larry Smith Chrysler in Paso Robles in the amount of $7,792.20. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Moses was present at this time presentation to the Council. Mr. Moses he did not wish to speak at this time. NEW BUSINESS and was asked to make his informed the Council that C=1 Re -scheduling or cancellation of Council meeting on November 11 - legal holiday Mr. Little stated the next regularly scheduled meeting of the City Council will fall on a legal holiday. He recommended re -scheduling the meeting to Wednesday, November 12. He suggested that this meeting be adjourned to November 12 at 7:30 p.m. in the Recreation Hall. The Council agreed. C-2 Street improvements by property owners in upper Del Mar area Mr. Little informed the Council that a request has been received from a property owner in the upper Del Mar area for similar improve- ments as are being done by property owners in the Atascadero Beach area: namely, the application of oil and chipseal to the streets at the property owners' expense. He informed the Council that if this request is approved, little expense would be lost at a later date if this area approves further improvements. He stated this oiling and chipsealing will only be a temporary measure to insure . passage over these streets during the winter months. Councilman Keiser stated she had been talking to people in this area and received indication they are in favor of first class improve- ments and proper drainage. She felt steps should be taken to initiate an improvement district for this area. Mr. Little stated that forming an improvement district is a lengthy process and securing signatures of 60% of the property owners is a tremendous task for any group of individuals. He felt. that any such action should be initiated by the city. He also mentioned that approximately $60,000 must be added to the cost of the improve- ments for drainage facilities. Councilman Donohoo'stated that it has been suggested to the people at the time Improvement District No. 4 was abandoned that they must take steps to initiate another district. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL October 28, 1969 Mr. Little stated the people living in the area below the upper Del Mar area do not create the water and feel they should not have to pay for the drainage system. He felt the oiling and chip - sealing is definitely not'the final answer to the situation, but would not cause more drainage problems than experienced at the present time. Councilman Bickford stated this would create another problem more difficult to solve because the people would not feel that more improvements are necessary after the streets are oiled and•chip- sealed and therefore would not approve an improvement district. Mr. Little suggested that if the Council so directed, the staff could initiate an improvement district and present it to the people for their approval or disapproval. Councilman Donohoo stated he was not in favor of spending any more city money unless more interest is shown on the part of the property owners. Councilman Bickford agreed. Mr. Little suggested that staff do the necessary work to add the cost of the drainage facilities to the cost of the other improvements, notify property owners of the approximate cost of these improvements, and ask whether they will support this project. Councilman Giannini stated he was concerned about the problem of drainage. He felt this problem is the responsibility of the city and should be paid for from city funds. Councilman Keiser felt Mr. Little's suggestion was a valid one and should be pursued. She felt the upper and lower Del Mar area should be asked if they will support these improvements. Mr. Little suggested spreading the drainage assessment over the entire area and the cost of necessary improvements such as curbs, gutters, streets, sewer lines, etc, over the upper rea. Councilman Donohoo felt it would be worthwhile to direct staff to prepare these figures and get an indication from the people of their feelings. Councilman Bickford agreed. MOTION: Councilman Keiser moved that staff study this problem and canvass the property owners and determine whether they will support a bond issue, as suggested by the City Administrator. The motion was seconded by Councilman Bickford and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Bickford stated he had been asked by a member of the Planning Commission concerning the Council's policy of appointments to this commission. He stated MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL October 28, 1969 the Council has discussed changing this policy, but he could not recall the final decision. He noted he would favor extending the Planning Commission terms that will expire December 31st of this year until June 30, 1970 in order to allow the next Council to make these appointments. He noted his opposition to the idea of each Councilman appointing a member to the Planning Commission; however, he felt the next Council should make these appointments. Councilman Giannini agreed. Councilman Donohoo agreed; however, he felt a new method for the selection of commission members is necessary. He felt applicants should submit a brief summary of their experience and their reasons for applying to serve on a city commission. Councilman Donohoo noted that one member of the Planning Commission is no longer living in Morro Bay and therefore is not complying with the city requirement that, a Planning Commissioner be a resident of the city. Mr. Little noted that this commissioner owns a local business and the Council may, if it so desires, waive this requirement until the expiration of his term. Councilmen Bickford and Keiser felt that this requirement should be enforced. Mayor Pro Tem Donohoo asked that this matter be deferred until the next meeting of the Council for determination. The Council agreed. (2) Councilman Giannini requested that the city make a determination as to the status of the streets in the Atascadero Beach area. He stated that if the streets have never been accepted by the city, this should be done. (3) Councilman Giannini asked if an opinion has been submitted by the City Attorney concerning the city leash law. Mr. Madden informed him that the city does require that dogs be kept under the "immediate control" of the owner. However, the matter of a uniform leash law for the whole county will be a subject to be discussed at the next meeting of the Mayors of the county. He noted the city has only two alternatives: (1) A strict leash law; or (2) A modified control such as the city now has. He noted the city ordinance adequately provides for the control of dangerous animals. (4) Councilman Giannini suggested a joint meeting with the Planning Commission during the near future. Mr. Madden suggested that the next Council meeting be adjourned to a meeting with the Planning Commission at which time any items of discussion would be proper. Councilman Bickford requested that staff contact the Planning Commission and ask what date would be convenient for a joint meeting. L� MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 28, 1969 Page Five (5) Councilman Keiser noted the provision in the city's general plan for a green spot in north Morro Bay. She requested that the Council members make a survey in the area with this idea in mind. Mr. Madden suggested that this might be a subject of discussion at the joint meeting with the Planning Commission. D-2 City Attorney Mr. Madden had nothing to present at this time. D-3 City Administrator (1) Mr. Little presented the Expenditure Reports for the periods September 16 - 30, 1969 and October 1 - 15, 1969 for the approval of the Council. MOTION: Councilman Giannini moved for the approval of these Expenditure Reports. The motion was seconded by Councilman Bickford and unanimously carried. (2) Mr. Little presented the Financial Report for the period July 1 through September 30, 1969 for the Council's approval. MOTION: Councilman Bickford moved that the Financial Report for the period July 1 through September 30, 1969 be approved. The motion was seconded by Councilman Keiser and unanimously carried. (3) Mr. Little informed the Council that the city has received an offer of $170.00 worth of welding rod in return for a junk air compressor. He requested Council authorization to dispose of this junk air compressor for a minimum of $100 cash bid or the cash equivalent in merchandise. MOTION: Councilman Bickford moved that authorization be given to the Purchasing Agent to dispose of the junk air compressor for a minimum of $100 bid of cash or cash equivalent in merchandise. The motion was seconded by Councilman Giannini and unanimously carried. (4) Mr. Little reported that a representative of CBS has requested permission to shoot scenes in Morro Bay for a feature movie. He stated a crew of approximately 30 would be in the city for 3 days during the middle of December and would shoot scenes around Morro Rock, the city pier, and the sand dunes. CBS would be willing to contribute approximately $600 to the city for these three days. Mr. Little suggested that these funds be placed in the park development fund, if Council approval is granted for this request. He also informed the Council that a minimum of traffic control would be needed during the filming and CBS would hire off -duty policemen to accompany them. E MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL October 28, 1969 MOTION: Councilman Bickford moved that authorization be given to the City Administrator to extend the city's invitation to CBS to do this filming in Morro Bay with a donation to the city's park development fund. The motion was seconded by Councilman Keiser and unanimously carried. (5) Mr. Little distributed copies of a press release outlining the action taken as a result of a recent personnel investigation concerning the mis-use of certain city material by Chief of Police William Holeman and Engineering Assistant Ken Valley. The press release included copies of the letter of reprimand sent to both Holeman and Valley informing them of the Council's decision to suspend them from their duties for two weeks without pay. CORRESPONDENCE 1. Announcement from the County Development Association of an all -day series of workshops relative to county planning. MOTION: Councilman Bickford moved that any member of the City Council or the Planning Commission who desires to attend this meeting be authorized to do so. The motion was seconded by Councilman Giannini and unanimously carried. 2. Letter from Mayor Ken Schwartz of San Luis Obispo requesting Council approval for the city to extend an invitation to the BiCentennial Commission to meet in San Luis Obispo County during January. MOTION: Councilman Giannini moved that this request be approved. The motion was seconded by Councilman Bickford and unanimously carried. 3. Letter from Morro Bay Chamber of Commerce inviting the Council to attend the next meeting of the chamber concerning the planned development of Highway 41 as a scenic route. 4. Letter from Dale Mitchell, Chairman of the Highway Safety Committee. Councilman Giannini requested that letters be sent to Senator Grunsky and Assemblyman Ketchum expressing the city's appreciation for their support in the speed.limit reduction on Highway 1. The Council agreed. 5. Letters from Fish and Game Commission re Council's request for special meeting in Morro Bay on Sea Otter -Abalone Conflict. 6. Letters from Department of Fish and Game re Sea Otter -Abalone Conflict. 7. Letter from Governor Reagan's office re Sea Otter -Abalone Conflict. u MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL October 28, 1969 8. Letter from Assemblyman Ketchum requesting reduction of speed on Highway 1. 9. Letter from Assemblyman Ketchum re Sea Otter -Abalone Conflict.. Councilman Giannini stated a recent issue of the Sacramento Newsletter had requested that cities indicate their support of raising the maximum cost of projects not requiring bids. Mr. Madden stated he had reviewed this and felt that raising the amount from $2,500 to $10,000 was not appropriate. He favored raising the amount to $5,000. Mr. Little informed the Council that this amount will be raised to $3,500 effective November 10 and the city will take advantage of this increase in repairing the alley behind Williams' Brothers Market. MOTION: Councilman Bickford moved that the correspondence be filed. The motion was seconded by Councilman Keiser and unanimously carried. ADJOURNMENT MOTION: Councilman Giannini moved that the meeting be adjourned to 7:30 p.m. on November 12 in the Morro Bay Recreation Hall. The motion was seconded by Councilman Keiser and unanimously carried. The meeting was adjourned at 8:30 p.m. Recorded by: M. J. LITTLE, City Clerk Carolyn L. Wentzell Deputy City Clerk 0 i NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that a special meeting of the Morro Bay City Council will be held on Tuesday, October 21, 1969, at 7:30 p.m. in the Conference Room of City Hall, 595 Harbor Street, Morro Bay, California, to consider a personnel matter. DATED: October 17, 1969 �' 6-,0-4 v 0_4 .,q , WESLEY E. M ILERY, Mayo City of Mokpo Bay, California Sent to: KOAG RADIO KCOY TV KSBY TV KVEC RADIO KSLY RADIO KATY RADIO Telegram -Tribune The Sun The Bulletin John Sarber Charles Judsen City Council City Attorney Wilfred Meacham i 1a MINUTES - MORRO BAY CITY COUNCIL Special Meeting October 21, 1969 7:30 p.m. City Hall Conference Room The meeting was called to order at 7:30 p.m. by Mayor Mallery. anr.r. rnr.r. PRESENT: Councilmen Bickford, Donohoo, Giannini, Keiser, and Mayor Mallery ABSENT: None Mayor Mallery stated this meeting was called for the purpose of discussing a personnel matter. MOTION: Councilman Donohoo moved the meeting be adjourned to executive session. The motion was seconded by Councilman Bickford and unanimously carried. The meeting adjourned to executive session at 7:31 p.m. and reconvened at 9:50 p.m. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Bickford and unanimously carried. The meeting was adjourned at 9:50 p.m. Recorded by: , c�c� ��� 03 • GG�x� Carolyn L. Wentzell Deputy City Clerk 0 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that a special meeting of the Morro Bay City Council will be held on Thursday, October 16, 1969 at 7:30 p.m. in the Conference Room of City Hall, 595 Harbor Street, Morro Bay, California, to consider the following matters: 1) A.Council Advisory Committee 2) Request of Councilmen to attend National League of Cities Conference 3) Personnel matters DATED: October 15, 1969' w t WESLEY E. LERY, Mayor City of m6yro Bay, California Sent to: KOAG RADIO KSBY TV KCOY TV KVEC RADIO KSLY RADIO KATY RADIO Telegram -Tribune The Sun The Bulletin John Sarber Charles Judsen City Council City Attorney Wilfred Meacham MINUTES - MORRO BAY CITY COUNCIL Special Meeting October 16, 1969 7:30 p.m. City Hall Conference Room Mayor Mallery called the meeting to order at 7:30 p.m. ROLL CALL PRESENT: Councilmen Bickford, Donohoo, Giannini, Keiser, and Mayor Mallery ABSENT: None 1. A Council Advisory Committee Mayor Mallery informed the Council that the members of the committee now known as the Mayor's Advisory Council have requested City Council approval of the committee. The name of the committee may be changed by the Council and the meetings will be public. However, the committee members have requested that the public not be allowed to participate in the meetings in order to eliminate "heckling" from the audience. Mayor Mallery further suggested that a maximum of two Councilmen attend each meeting to listen to the discussion. Councilman Donohoo stated he had no objections to giving Council approval to the committee, since he felt the group's discussion of city matters is advantageous. Councilman Giannini stated he had objected to the meetings being closed; however, the meetings would now be open but the public would be told they could not participate in the discussion. He felt if this committee is to become an official Council Advisory Committee, the public should be allowed to take part in the meetings. He also felt that each Councilman should be allowed to appoint at least three members to serve on this committee. Councilman Keiser stated she felt this committee should be approved by the Council; and she agreed that the public should not be allowed to participate. Councilman Bickford informed the other Council members that if he were to approve this committee, it would be on the basis that any Councilman may attend at any time and should have the right to have one or more people appointed to serve on the committee. Mayor Mallery stated that the committee members have requested that the public not be allowed to participate. Mr.Madden stated if this is to be an advisory committee of the City Council, meetings must be properly advertised and the public must not be told they can not participate. He recommended that a chairman be appointed for the committee who will have authority to limit argumentative discussion from the audience. Councilman Giannini felt the committee should have its own secretary and should not ask the staff secretary to take minutes. MINUTES - MORRO BAY CITY COUNCIL Special Meeting October 16, 1969 Page Two MOTION: Councilman Donohoo moved that the Council approve this committee and change the name to Council Advisory Committee. The meetings will be open to Councilmen and the public. The motion was seconded by Councilman Bickford and unanimously carried. Mayor Mallery inquired if Council members would like to appoint people to serve on this committee. Councilman Keiser suggested appointing a representative from the High School Senior Civics Class. 2. Request of Councilmen to attend National League of Cities Conference Councilman Donohoo and Mayor Mallery requested Council author- ization to attend this conference in San Diego from November 30 through December 4. They both felt much valuable information could be gleaned from this conference. MOTION: Councilman Bickford moved that Councilman Donohoo and Mayor Mallery be authorized to attend this conference. The motion was seconded by Councilman Keiser and unanimously carried. MOTION: Councilman Donohoo moved the meeting be adjourned to to executive session to discuss a personnel matter. The motion was seconded by Councilman Bickford and unanimously carried.. The meeting was adjourned to executive session at 8:02 p.m. and reconvened to open session at 9:17 p.m. Mr. Madden spoke briefly on the right of citizens to examine public records and the records which are not available for public examination. MOTION: Councilman Bickford moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. - The meeting was adjourned at 9:22 p.m. Recorded by: M. J. LITTTTL"E), City Clerk Carolyn!/L. Wentzell Deputy City Clerk 0 . CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING October 14, 1969 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of September 23, 1969 2. Executive meeting of September 23, 1969 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator CORRESPONDENCE HEARINGS, APPEARANCES, AND REPORTS B-1 Report on League of California Cities Conference by Councilman Keiser B-2 Appearance of A. C. Smith to present lease for P.G.& E. Park B-3 Report on alley behind Williams Brothers Shopping Center UNFINISHED BUSINESS C-1 Ordinance creating and adding Section 8620 to Chapter VI, Title VIII of the Morro Bay Municipal Code entitled "Limited Time Parking" (first reading) C-2 Resolution approving amendment to settlement agreement with Green -West -Acres C-3 Resolution authorizing recordation of quitclaim deed from Green -West -Acres C-4 Request for authorization to call for bids for Phase 2 of water storage and distribution system improvements C-5 Request for authorization to call for bids for streets, sidewalks, curbs, and gutters on Bonita Street, Elm Avenue, and Reno Court C-6 Resolution adopting Embarcadero Parking Plan NEW BUSINESS D-1 Request of Harry Otis to lease Lease Site No. 15 D-2 Proposed ordinance to control use of motor vehicles on city beaches D-3 Resolution granting Use Permit to Morro Bay Lions Club to conduct a street parade ADJOURNMENT MINUTES - MORRO BAY CITY Regular Meeting October 14, 1969 7:30 p Morro Bay Recreation Hall COUNCIL M. The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Rev. Van H. Eakes gave the invocation. ROLL CALL PRESENT: Councilmen Bickford, Mayor Mallery ABSENT: None MINUTES Donohoo, Giannini, Keiser, and The minutes of the regular meeting of September 23, 1969 and the executive meeting of September 23, 1969 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman Giannini and unanimously carried. Councilman Donohoo stated he -was disturbed over the amount of time taken up with the discussion of personal philosophies of the individual Council members before the Council considered the city business scheduled on the agenda for each meeting. He therefore suggested that "Individual Determination and/or Action" be moved to the last place on the agenda. MOTION: Councilman Donohoo moved that "Individual Determination and/or Action" be scheduled last on the agenda for this meeting and for all future meetings. The motion was seconded by Councilman Bickford. Councilman Giannini felt this should not be changed because the public will not be present to hear this part of the agenda if it is scheduled last. Roll call vote on motion: AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Mallery NOES: Councilman Giannini The motion was carried. Mayor Mallery informed the Council that a request has been submitted by the Citizen's Questionnaire Committee to present the results of their survey. He asked that this request be approved since, due to an oversight on the part of the committee, this item had not been scheduled on the agenda. Councilman Donohoo also requested that the Council approve the appearance of Rev. Eakes to present a check for the development of the city park. MOTION: Councilman Keiser moved that these items be added to the agenda as B-4 and B-5. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 14, 1969 Page Two HEARINGS, APPEARANCES, AND REPORTS B-1 Report on League of California Cities Conference by Councilman Keiser Mrs. Keiser presented a report on sessions for Mayors and Councilmen and a session concerning Parks and Recreation which was of special interest. She noted that an important topic of discussion at the conference was the problem of air pollution, water pollution, waste materials, and noise. Representatives of California cities were advised of the problems and were given suggested solutions. Mrs. Keiser informed the Council that local governments must receive. more tax money from the federal government in order to deal with these problems. Councilman Keiser reported that a new concept for campgrounds has been introduced: campgrounds with only sanitation facilities to accommodate those tourists who are interested in "getting back to nature". She concluded her report with a request that the Council and community make a greater effort to work together. B-2 Appearance of A. C. Smith to present lease for P.G.& E. Park Mr. "Ace" Smith expressed his pleasure and that of P.G.& E in being able to grant the use of this property to the city for a ten -acre community park. He presented the lease agreement to the Mayor for execution on behalf of the city. MOTION: Councilman Keiser moved that authorization be given the Mayor and City Clerk to execute this lease on behalf of the City of Morro Bay. The motion was seconded by Councilman Donohoo and unanimously carried. The lease agreement was executed by the Mayor and City Clerk and returned to'Mr. Smith for execution by officials of his firm. Mayor Mallery expressed to Mr. Smith and P.G.& E. the appreciation of the Council and citizens for this lease. B-3 Report on alley behind Williams Brothers Shopping Center Mr. Little informed the Council that, according to directions given at the last meeting, the Public Works Committee and staff have met with representatives of Williams Brothers Market in an effort to resolve this matter. He informed the Council that Williams Brothers Market does not own this property, but is only interested as tenants in the maintenance of this alley. The City Engineer has recommended that the damaged pavement be removed to a depth of 6" and replaced with 6" of Class II aggregate base and 2" of asphaltic concrete surface, at an estimated cost of $3,375. In the opinion of staff, this will result in permanently correcting this situation. Mr. Little recommended approval of these repairs, noting that this alley has been accepted in the city street system and is therefore subject to the requirement that it be maintained in a safe and usable condition. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 14, 1969 Page Three MOTION: Councilman Donohoo moved that staff be authorized to proceed with the repair work on this alley. The motion was seconded by Councilman Bickford. Councilman Giannini disagreed and stated he could not justify this expenditure of taxpayers' funds on this road. He felt abandon- ment proceedings were necessary since the public interest would be best served in the vacation of this alley. Councilman Keiser inquired if the entire alley will be repaired. Mr. Little informed her that only 5,000 square feet of the alley is in need of repair work. Councilman Giannini felt it is only a question of time before the rest of the alley will need repairs. He again stated the city should not pay for this work. Councilman Keiser stated that even though this alley was not accepted by the present City Council, it has been dedicated and the city has a legal and moral responsibility to maintain it. A voice vote was taken on the motion and the motion was carried with Councilman Giannini voting "no". B-4 Appearance of Jack Youngs re Citizens' Committee Questionnaire (Added) Mr. Youngs informed the Council that copies of the questionnaire were distributed to each residence in Morro Bay and 788 were completed and returned to the committee. He presented a summary of the poll results, signatures of the non -committee observers who witnessed the tabulation of the questionnaires, names and addresses of residents who have expressed willingness to serve on committees or assist the Council in any way possible, and the questionnaires. He requested that the Council consider action in the areas indicated. He also requested that the questionnaires be kept in City Hall for a period of 90 days for public inspection and at the end of that time that they be returned to the committee. Mayor Mallery and the Council expressed their appreciation for the efforts of the committee. B-5 Appearance of Rev. Van H. Eakes re presentation of funds for (AddedT city park development Rev. Eakes informed the Council that the Presbyterian Church has held a fund-raising dinner to aid in the development of the new city park on P.G.& E. property. He presented a check in the amount of $262.97. Mayor Mallery expressed the appreciation of the city for this contribution. UNFINISHED BUSINESS C-1 ORDINANCE NO. 79. ORDINANCE CREATING AND ADDING SECTION 8620 TO CHAPTER VI, TITLE VIII OF THE MORRO BAY MUNICIPAL CODE ENTITLED "LIMITED TIME PARKING" MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL October 14, 1969 Mayor Mallery stated he has received indication from the people that as many businessmen in the downtown area object to the proposed restricted parking as those who favor it. He felt the suggestion of the Chief of Police to ask the Automobile Club of Southern California to conduct an impartial survey of the parking needs of the central core is a valid one and should be followed. Mrs. Lois Rowland stated she agreed with this suggestion and felt the suggested parking plan was not adequate for this area. Mr. Madden recommended that since this ordinance is only an enabling ordinance, it should be adopted by the Council. At a later date, resolutions must be passed defining the restricted areas and this could be done after the survey is conducted. The Council agreed. Mr. Little read Ordinance No. 79 in its entirety. MOTION: Councilman Donohoo moved that this constitute the first reading of Ordinance No. 79. The motion was seconded by Councilman Keiser and unanimously carried. MOTION: Councilman Donohoo moved that staff be authorized to pursue the matter of a survey of the downtown core area. The motion was seconded by Councilman Keiser and unanimously carried. C-2 RESOLUTION NO. 85-69. RESOLUTION APPROVING AMENDMENT TO SETTLEMENT AGREEMENT WITH GREEN -WEST -ACRES, A CALIFORNIA CORPORATION• Mr. Madden informed the Council that a request has been received from Mr. Curtis Darling of Green -West -Acres that the Agreement and Release executed by the city be amended to retain any rights that Green -West may have against the County of San Luis Obispo for damages. He recommended Council adoption of this resolution. MOTION: Councilman Giannini moved that Resolution No. 85-69 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution No. 85-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 85-69. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. C-3 RESOLUTION NO. 86-69. RESOLUTION AUTHORIZING RECORDATION OF QUITCLAIM DEED FROM GREEN -WEST -ACRES MOTION: Councilman Donohoo moved that Resolution No. 86-69 be read by title only. The motion was seconded by Councilman Giannini and unanimously carried. Mr. Little read Resolution No. 86-69 by title only. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 14, 1969 Page Five MOTION: Councilman Keiser moved for the adoption of Resolution No. 86-69. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. Mayor Mallery expressed appreciation for staff's efforts and informed the public that the lease on the sandspit has now been cancelled. Mr. Madden stated that six small parcels on the sandspit are still owned in fee by Green -West; but these are scattered and at least one parcel is submerged. He informed the Council that staff has suggested the city negotiate with Green -West and seek to trade an equivalent amount of land at the southerly property line which is adjacent to privately -owned property. Councilman Bickford felt the city should not negotiate with Green -West in any to facilitate development of the sandspit. He felt this area should be kept open. Mr. Little explained that the city should not zone this O-A and take away the value of these parcels from Green -West. Neil Moses questioned the cost of the settlement and if the city would trade submerged property to Green -West for upland parcels. He was informed that the city refunded the rental paid by Green -West plus harbor dredging costs and costs for soil stabilization attempts which were paid to the city by Green -West. C-4 Request for authorization to call for bids for Phase 2 of water storage and distribution system improvements. Mr. Little reported that the 1.0 m.g. water tank is progressing satisfactorily. The painting is completed and it will be ready to receive water for testing purposes by the end of this week. He informed the Council that Phase 2 is the installation of 12" water line from Quintana Road to the new tank and also an 8" water line from Atascadero Road to the line at the north side of the city park. MOTION: Councilman Donohoo moved that staff be authorized to proceed with'Phase 2 of the water storage and distri- bution system improvements. The motion was seconded by Councilman Giannini and unanimously carried. C-5 Request for authorization to call for bids for streets, curbs, and gutters on Bonita Street, Elm Avenue, and Reno Court Mr. Little informed the Council that plans are now completed for this project. He stated the estimated cost of the project is $41,000. Of this total, only $7,000 will be paid by the property owners for the installation of curbs and gutters. He requested Council authorization to call for bids for this project. MOTION: Councilman Giannini moved that authorization be given to staff to call for bids for this project. The motion was seconded by Councilman Keiser and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 14, 1969 Page Six C-6 RESOLUTION NO. 87-69. RESOLUTION ADOPTING EMBARCADERO PARKING PLAN Mr. Little stated this plan has been developed by the C.A.P. project and the Planning Commission, and drawn to scale by county planning department staff. He displayed the map, explaining that the purpose of this plan is to provide for the maximum parking on the Embarcadero, using available property. No parallel parking has been allowed on the west side of the street, but all street ends have been utilized for parking purposes. This will be the parking required for any development between Beach and South Streets on city lease sites. He informed the Council that a public hearing has been held by the Planning Commission and this plan has been adopted by Planning Commission Resolution. It is now necessary to adopt it by City Council Resolution. Mayor Mallery declared a recess to allow the public to examine this parking plan. RECESS: 8:50 p.m. RECONVENED: 8:55 p.m. MOTION: Councilman Bickford moved that Resolution No. 87-69 be read by title only. The motion was seconded by Councilman Donohoo and carried by voice vote with Councilman Giannini voting "no". Mr. Little read Resolution No. 87-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 87-69. The motion was seconded by Councilman Bickford. Roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Mallery NOES: Councilman Giannini NEW BUSINESS D-1 Request of Harry Otis to lease Lease Site No. 15 Mr. Little stated the Council had indicated that this lease site is available for lease, and recommended that it be put out to bid.. Mr. Madden concurred with this recommendation. MOTION: Councilman Donohoo moved that staff be authorized to call for bids for Lease Site No. 15. The motion was seconded by Councilman Keiser. Discussion was held among Council members as to what uses would be compatible for this particular lease site. Mr. Otis informed the Council he wishes to use this site for boat building purposes and the size of the site is adequate for this use. C� • MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL October 14, 1969 Councilman Giannini felt the Council should specify the use for this property before calling for bids. Mr. Little suggested that the Council call for proposals for this lease site. From the proposals submitted, the Council could make a determination as to what use is best for the development of the waterfront. Mr. Madden stated staff would make specific recommendations as to the exact methods to be used in advertising for bids. Mr. Little stated that the Planning Commission has been given responsibility for approving any installation on the waterfront. After further discussion, Councilman Donohoo withdrew his motion and Councilman Keiser withdrew her second to the motion. Neil Moses'suggested that the Council make a determination as to what. uses are suitable for this lease site before calling for bids. Councilman Giannini suggested that since Mr. Otis has made a proposal for this property, the Council call for bids for a boatbuilding facility. .Councilman Keiser stated the city must consider the revenue it will receive from the waterfront. She suggested that staff submit their ideas on the type of uses which could be, considered on the waterfront. MOTION: Councilman Giannini moved that staff be directed to draw up some type of bid procedure and compatible uses for the waterfront to be used in leasing. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Madden suggested that this proposal be submitted to the Planning Commission for their concurrent recommendations to the Council as to compatible uses. He recommended that Mr. Otis appear before the Planning.Commission with his plans for this site. Mr. Little informed the Council and Mr. Otis that this matter could be scheduled for the next Planning Commission meeting on October 21. MOTION: Councilman Donohoo moved that staff ask the Planning Commission to consider this matter. The motion was seconded by Councilman Bickford and unanimously carried. Discussion was held concerning the availability of another lease site on the waterfront located between the Pierce lease and the McGurn lease. At the present time, this lease is planned to be used for additional parking. Discussion was also held concerning the availability of waterfront property between South Street and the boat launching ramp. MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL October 14, 1969 Councilman Bickford suggested that the Planning Commission also study the disposition of the 45' lease site now proposed to be used for parking. The Council agreed and directed staff to so inform the Planning Commission. D=2 Proposed ordinance to control use of motor vehicles on city beaches Mr. Little stated the city does not have an ordinance controlling the traffic on the beach. The County of San Luis Obispo has recently adopted such an ordinance. Mr. Little requested Council consideration of this ordinance, stating that the situation is becoming critical and some control should be exercised in this matter. Mayor Mallery felt the provision of the county ordinance setting a speed limit of 15 miles per hour should be changed to 10 miles per hour. Councilman Donohoo favored prohibiting vehicles on the beach. Councilman Bickford stated this matter had come to the attention of the Council at an earlier date and opposition was voiced from the public. Larry Davis spoke in favor of allowing vehicles on the beach, but limiting their speed to 5 miles per hour. Mayor Mallery suggested that the Council hold a public hearing on this matter. Councilman Giannini felt the county ordinance was adequate but limiting the speed to 5 miles per hour was too restrictive, James Ward noted his objections to the noise of motorcycles using the area north of the high school on weekends. Councilman Bickford stated he had no objections to the county ordinance. Councilman Keiser asked that this matter be deferred until the next meeting and that staff submit some recommendations concerning the adoption of such an ordinance. MOTION: Councilman Keiser moved that this matter be held in abeyance for at least two weeks. The motion was seconded by Councilman Donohoo. Councilman Giannini amended the motion to include that the ordinance be reviewed by the City Attorney to determine if it conforms to the city traffic ordinance. The amendment was accepted by Councilman Keiser and Councilman Donohoo and the motion was unanimously carried. MINUTES - MORRO Regular Meeting Page Nine BAY CITY_COUNCIL October 14, 1969 D-3 RESOLUTION NO. 88-69. RESOLUTION GRANTING USE PERMIT TO MORRO BAY LIONS CLUB TO CONDUCT A STREET PARADE MOTION: Councilman Keiser moved that Resolution No. 88-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 88-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 88-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. Mrs. Lois Rowland informed the Council that the downtown businessmen plan an opening for the first of December and asked if the Christmas lights could be installed by that date. Mr. Little informed her that the lights would be installed by December 1. INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council (1) Councilman Giannini informed the Council that he had requested the City Administrator to provide him with copies of certain police records and has been refused access to these records. He further stated that his request had been denied on the advice of the City Attorney, who had advised him earlier that all records were available for inspection by City Councilmen. He asked the City Attorney to make these records available to him and also requested a code section providing that access to these records can be denied a member of the City Council. Mr. Madden stated he had been advised by the City Administrator that Councilman Giannini had requested copies of three Police Department case files. He was told that at least one of these files concerned a matter in the juvenile court and under consideration in the probation department. He stated these were not public documents and are not available unless a request is made by the City Council for some objective investigation. He stated he would submit an opinion on the availability of police records to members of the Council if the Council directed him to do so. He further stated he had advised Mr. Giannini that records were available for his review concerning a personnel matter under investigation by the Council. Councilman Keiser questioned Councilman Giannini's motive for reviewing these records. She felt the police had the right to protect minors and felt Councilman Giannini had no right to destroy the reputation of a juvenile. Lengthy discussion was held among Council members and staff concerning the rights of Councilmen to review confidential police records. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 14, 1969 Page Ten MOTION: Councilman Keiser moved'that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting was adjourned at 10:20 p.m. Recorded by: M. J. LITTLE, City Clerk Carolyn L. Wentzell 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 Monday, October 13, 1969 at 7:30 p.m. in the Conference Room of City Hall, 595 Harbor Street, Morro Bay, California, to consider personnel matters. DATED: October 6, 1969 FRED R. DONOHOO, Mayor Pro Tem City of Morro Bay, California By7 M. J.LkIT_TVE, City Clerk Sent to: KOAG RADIO KCOY TV KSBY TV KVEC RADIO KSLY RADIO KATY RADIO Telegram -Tribune The Sun The Bulletin John Sarber Council City Attorney Charles Judsen Wilfred Meacham • MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting October 13, 1969 7:30 p.m. City Hall Conference Room Mayor Mallery called the meeting to order at 7:30 p.m. ROLL CALL PRESENT: Councilmen Bickford, Donohoo, Giannini, Keiser, and Mayor Mallery ABSENT: None Mayor Mallery stated the meeting had been called for the purpose of discussing certain personnel matters concerning the Chief of Police William Holeman. Chief Holeman has been called out of town due to a death in the family and will not be in the city until Thursday, October 16, 1969. The Mayor suggested that the meeting be adjourned and that the next regular Council meeting, scheduled for Tuesday, October 14, 1969, be adjourned to October 16th to consider this personnel matter. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Bickford. Councilman Giannini inquired regarding the possibility of presenting the facts of the case•at this meeting, without Chief Holeman's attendance. He was informed that the motion to adjourn was not debatable and must be voted on. Roll call vote on motion: AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Mallery NOES: Councilman Giannini Motion carried. The meeting was adjourned at 7:32 p.m. Recorded by: M. J. LITTLE, City Clerk Carolyn L. Wentzell Deputy City Clerk 6 6A CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING September 23, 1969 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of August 26, 1969 2. Special meeting with Planning Commission of September 5, 1969 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator Correspondence HEARINGS, APPEARANCES, AND REPORTS B-1 Report on alley behind Williams Bros. Shopping Center B-2 Report on request for restricted parking in central business district UNFINISHED BUSINESS C-1 Policy determination on oiling of streets by property owners C-2 Resolution authorizing granting of lease to Winfred C. Brown C-3 Request of Winfred C. Brown to assign lease to Frank and Naomi L. Brebes C-4 Resolution approving assignment of lease from Winfred C. Brown to Frank and Naomi L. Brebes C-5 Resolution requesting that Fish and Game Commission hold a special emergency meeting in the City of Morro Bay to study the sea otter - abalone conflict C-6 Resolution approving amendment to lease with Upte, Inc., Lease Site No. 22 C-7 Review of bids - S. S. Project No. 43 C-8 Resolution designating a Municipal Employee Relations Officer NEW BUSINESS D-1 Request of Morro Dunes for information on lease site D-2 Request for authorization to advertize for bids - Embarcadero and Dunes Street water lines D-3 Resolution approving agreement for annual audit for the fiscal year ending June 30, 1970. D-4 Resolution approving grant of Use Permit Agreement to Regal Seafood Company ADJOURNMENT 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 23, 1969 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Rev. Glenn Hascall gave the invocation. ROLL CALL PRESENT: Councilmen Giannini, Keiser, and Mayor Pro Tem Donohoo ABSENT: Councilman Bickford and Mayor Mallery MINUTES The minutes of the regular meeting of August 26, 1969 and the special meeting with the Planning Commission of September 5, 1969 were considered by the Council. MOTION: Councilman Keiser moved that the minutes be approved as written. The motion was seconded by Councilman Giannini and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council (1) Councilman Keiser stated she had met with the "400 Plus Crowd" and discussed the matter of beautification and parking in the central business district. She informed them that a master plan for this district is in existence; noting her feeling that the city should review this plan at least every two years. MOTION: Councilman Keiser moved that the Planning Commission be given the task of reviewing and studying the plans for the central business district, particularly for beautification and parking. The motion was seconded by Councilman Giannini and unanimously carried, (2) Councilman Keiser spoke concerning the lack of enforce- ment of the city sign ordinance. She noted the feelings of various real estate people within the community that the ordinance should be enforced or rescinded. Mr. Little explained that the city was aware of the various violations of this ordinance,; but the total enforcement of this law must be done by the personnel in the Planning and Building Department. He stated that Council instructions could be given to Mr. Thomas to strictly enforce this ordinance; however, he has many other duties to perform. Councilman Keiser noted the existence of signs in a certain subdivision which are not in conformity with the requirements of the city sign ordinance. She asked that staff be directed to investigate the problem of violation of this ordinance. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 23, 1969 Page Two (3) Councilman Giannini referred to the legal opinion submitted by the City Attorney concerning the resignation and subsequent withdrawal of the resignation by Mayor Mallery. He informed those present that Mr. Madden's report indicated that had the resignation been officially accepted by the Council before it was withdrawn, it would remain valid. However, it had not been accepted by the Council and, therefore, Mayor Mallery remains a City Councilman and no vacancy will occur on the Council on October 1, 1969. (4) Councilman Giannini spoke concerning the problem of off -shore oil drilling along the coast of California. He noted Senator Grunsky's attempts to ban this drilling along the entire coast; stating that San Luis Obispo County had not been included in this legislation because of the failure of the Board of Supervisors to request inclusion. He recommended that the city make another attempt to secure the support of the Board of Supervisors in its- opposition to this drilling. MOTION: Councilman Giannini moved that the City Council write a letter to the County Board of Supervisors and request their support in this matter. The motion was seconded by Councilman Keiser and unanimously carried. (5) Councilman Giannini noted he had received a complaint concerning a boat which is moored on the waterfront immediately south of Sail, Ltd. He questioned staff concerning the ownership of this property. Mr. Little informed the Council that the title to this particular parcel is not clear; noting his reluctance to take any action in this matter without a legal opinion as to the city's rights. A-2 City Attorney (1) Mr. Madden reported to the Council that he had received all settlement documents in the Pipkin case signed by the 011enbergers and the Sieberts. The only litigants who have not signed the documents are Mr. & Mrs. Baynham and May P.ipkin. He reported that a meeting will be held in City Hall at an early date with Baynham's attorney in an effort to conclude this portion of the litigation. (2) Mr. Madden reported briefly on the matter of dog control within the city, stating that this matter has become a subject of importance throughout the county. It will be subject to discussion at the next meeting of the Mayors in the hope that a uniform ordinance can be used which will prove to be satisfactory throughout the county. (3) Mr. Madden also reported briefly on the meeting with representatives of Central California Communications Corporation and Microwave Transmission Corporation at the recent Mayors' Meeting. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 23, 1969 Page Three A-3 City Administrator (1) Mr. Little presented the Expenditure Reports for the periods August 16 through 31 and September 1 through 15, 1969 for the approval of the Council. MOTION: Councilman Giannini moved for the approval of these Expenditure Reports. The motion was seconded by Councilman Keiser and unanimously carried. (2) Mr. Little presented the Financial Report for the period July 1, 1969 through August 31, 1969 for the approval of the Council. MOTION: Councilman Keiser moved that the Financial Report for the period July 1 through August 31, 1969 be approved. The motion was seconded by Councilman Giannini and unanimously carried. (3) Mr. Little reported that Mr. Alan Lee of the Pacific Fire Rating Bureau was in the city for a survey of the water system and fire fighting equipment. He noted that a request for this survey had been submitted in February of this year in an effort to obtain a lower fire rating for insurance within the city. (4) Mr. Little commented on a bulletin from the League of California Cities concerning federal taxation of individual income received from state and municipal bonds. He noted the request of the League that, due to the importance of this matter, every city record its opposition to this part of H.R. 13270, the Tax Reform Act, with Senators Murphy, Cranston, and Long. He explained that this bill will remove tax exemption features of municipal bonds, effecting a cost to cities in interest rates and municipal bond marketability. MOTION: Councilman Keiser moved that staff write a letter to Senators Murphy, Cranston, and Long in opposition to the taxation of interest income from municipal bonds. The motion was seconded by Councilman Giannini and unanimously carried. CORRESPONDENCE 1. Letter of appreciation from Morro Bay Art Association for extension of Use Permit for Art Show. MOTION: Councilman Giannini moved that staff send a letter to the Art Association commending them for their contri- bution to the community. The motion was seconded by Councilman Keiser.and unanimously carried. 2. Invitation from the Morro Bay Local No. 1855 of the Inter- national Association of Fire Fighters to attend a Charter Presentation at the Golden Tee on September 26, 1969. n MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 23, 1969 Page Four 3. Letter from Chairman of the Planning Commission expressing concern relative to cooperation between Planning Commission and the City Council. 4. Letter from Mr. & Mrs. M. Romeiro concerning the need of an ordinance to control trash burning within the city. 5. Reply from Regional Health Planning of the South San Joaquin Valley to city's request concerning convalescent hospital. 6. Copy of Resolution No. 1806 of the City of Seal Beach con- cerning changes in current tax exemption on municipal bond interest. After discussion, the Council directed Councilman Keiser, as the city's voting delegate to the forthcoming League of California Cities Conference, to vote for any resolution of the League opposing the taxation of interest on municipal bonds. 7. Request for payment of outstanding statement for legal services in the amount of $600.00 from the Law Offices of Nossaman, Waters, Scott, Krueger, and Riordan. Mr. Madden reported briefly on the status of this request and informed the Council he would pursue the matter further to ascertain if this was a legitimate request for payment. MOTION: Councilman Keiser moved that the correspondence be filed. The motion was seconded by Councilman Giannini and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS B=1 Report on alley behind Williams Bros. Shopping Center Mr. Little stated this matter was brought to the attention of the Council at the previous meeting and direction had been given to staff to determine the legality of abandoning the alley. Mr. Madden reported that the alley has been accepted by the city. He explained the nature, size, and location of the alley, noting the existence of a costly retaining wall along the west side of the alley, installed at the expense of the subdividers. The alley is used principally by trucks servicing the rear of the stores. If the alley is closed, the property owners would retain the 5' easement adjacent to the stores and the other 32' of the alley would revert half to the shopping center developer and half to the school, causing some problems. He noted that under the Street Vacation Act of 1941, the City Council controls the abandonment of streets; this alley being a public street by nature of the city's acceptance of the subdivision plans. Section 8306 provides for the transfer of ownership of any abandonment. However, abandonment action must not be taken arbitrarily by the Council. The Council must follow the usual abandonment proceedings L] MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 23, 1969 Page Five with posting and notification to property owners and a public hearing. it must be shown that the public interest is best served by such an abandonment. He recommended that the Council appoint a committee to meet and confer with representatives of the shopping center to work out a mutually acceptable solution to this matter. Councilman Keiser noted the shopping center may be willing to accept the alley, in a repaired condition. After further discussion, the Council directed the Public Works Committee and the City Administrator to negotiate with shopping center representatives and report back to the Council at a later date. B-2 Report on request for restricted parking in central business district Mr. Little presented a memorandum report concerning the action already taken by staff in augmenting the recommendations of the "400 Plus Crowd" concerning parking and map showing the proposed parking restrictions in the central business district. He requested Council determination as to how to proceed in the matter of amending the parking ordinance and what areas are to be restricted. Councilman Keiser noted that since the Council had directed that a parking ordinance be prepared, staff should proceed to do SO. MOTION: Councilman Keiser moved that an amendment be made to the parking ordinance providing two-hour parking in the central business district with 20-minute "green" zones as requested by the "400 Plus Crowd". The motion was seconded by Councilman Giannini and unanimously carried. Mrs. Mary Moses, Chairman of the "400 Plus Crowd", stated their support of this motion. She noted that this was an essential step which will provide a basis from which to work. She asked for a copy of staffs concept of the group Is recommendations. UNFINISHED BUSINESS C-1 Policy determination on oiling of streets by property owners Mr. Little presented a memorandum report concerning the request of certain property owners to oil the street in front of their property. He read the report in full for the benefit of those present. The report stated that permission has been granted to various property owners to apply road oil to streets, providing they pay the contractor directly for the oil. Requests have been received to follow the same payment procedure during the city's chipsealing-prbgram, and obtain chipseal for these same streets MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 23, 1969 Page Six to provide a better surface. He recommended that the City Council establish guidelines in order that staff may advise the property owners when requests are made for this type of program. He noted that certain drainage problems may arise on various streets and the problem which may arise if in the future it is necessary to re -work the streets, causing loss of the oil and chipseal which has been applied. He also noted his feeling that this project may "snowball" in the future and requested Council determination as to how to proceed. Councilman Giannini noted his agreement with this type of improvement. He stated he felt the city should accept the streets in this area if they have not been previously accepted and should do everything in their power to help the property owners improve the streets. He suggested that the city should consider spending up to $50,000 from the general fund to begin an improvement pro- gram in this area. Louis Claassen of 499 Yerba Buena explained his interest in this program because of the traffic on Yerba Buena. He informed the Council that he has found approval of this plan when contacting people along his street. Councilman Keiser questioned the location of water and sewer mains and,if future repairs or replacement of these mains would destroy the improvements. She was informed that this type of surface could be very easily repaired by city crews if repairs to water or sewer mains were necessary. Bill Casper of 544 Yerba Buena commented on the necessity of improving these streets. Mr. T. E. Caughell of 449 Tahiti Street and Mr. Jack Youngs spoke in favor of the project. MOTION: Councilman Giannini moved that this work be done under the direction and approval of the Director of Public Works and the City Administrator in the Atascadero Beach area. The motion was seconded by Councilman Keiser and unanimously carried. C-2 RESOLUTION NO. 77-69. RESOLUTION AUTHORIZING GRANTING OF LEASE TO WINFRED C. BROWN MOTION: Councilman Giannini moved that Resolution No. 77-69 be read by title only. The motion was seconded by Mayor Pro Tem Donohoo and unanimously carried. Mr. Little read Resolution No. 77-69 by title only. MOTION: Councilman Giannini moved that Resolution No. 77-69 be adopted. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 23, 1969 Page Seven C-3 Request of Winfred C. Brown to assign lease to Frank and Naomi L. Brebes MOTION: Councilman Giannini moved that this request be approved. The motion was seconded by Councilman Donohoo and unanimously carried. C-4 RESOLUTION NO. 78-69. RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM WINFRED C. BROWN TO FRANK AND NAOMI L. BREBES Mr. Little read Resolution No. 78-69 by title only. MOTION: Councilman Keiser moved for the adoption of Resolution No. 78-69. The motion was seconded by Councilman Giannini and unanimously carried by roll call vote. C-5 RESOLUTION NO. 79-69. RESOLUTION REQUESTING THAT FISH AND GAME COMMISSION HOLD A SPECIAL EMERGENCY MEETING IN THE CITY OF MORRO BAY TO STUDY THE SEA OTTER -ABALONE CONFLICT Mr. Little read Resolution No. 79-69 in its entirety for the benefit of those present. MOTION: Councilman Giannini moved for the adoption of Resolution No. 79-69. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. C-6 RESOLUTION NO. 80-69. RESOLUTION APPROVING AMENDMENT TO LEASE WITH UPTE, INC., LEASE SITE NO. 22 Mr. Little explained that staff had made a change in the Amend- ment to Lease at the request of Mr. Ralph Gunther, Secretary of Upte, Inc., providing that should Upte not exercise its option for a shortened term and reduced rental, it will then be subject to the terms of the basic 50-year "Pipkin" lease and percentage rental for a gift shop would not apply. MOTION: Councilman Keiser moved that Resolution No. 80-69 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution No. 80-69 by title only. MOTION: Councilman Keiser moved for the adoption of Resolution No. 80-69. The -motion was seconded by Councilman Giannini and unanimously carried by roll call vote. C-7 Review of bids - S. S. Project No. 43 Mr. Little presented the bid results for the application of bituminous seal coat to various city streets; noting that the engineer's estimate for this project was $10,050 and the low bid was in the amount of $10,125. n U n u MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 23, 1969 Page Eight MOTION: Councilman Giannini moved that the contract for S. S. Project No. 43 be awarded to C. S. Construction Company in the amount of $10,125. The motion was seconded by Councilman Keiser and unanimously carried. C-8 RESOLUTION NO. 81-69. RESOLUTION DESIGNATING A MUNICIPAL EMPLOYEE RELATIONS OFFICER Mr. Little explained that the adoption of this resolution was necessary according to the provisions of the Employer -Employee Relations Resolution of the•City of Morro Bay, adopted August 26, 1969. MOTION: Councilman Giannini moved that Resolution No. 81-69 be read by title only. The motion was seconded by Mayor Pro Tem Donohoo and unanimously carried. Mr. Little read Resolution No. 81-69 by title only. MOTION: Councilman Keiser moved for the adoption of Resolution No. 81-69. The motion was seconded by Councilman Giannini and unanimously carried by roll call vote. Mr. Little requested Council approval for the addition of item C-9. The Council members approved this request. C-9 RESOLUTION NO. 82-69. RESOLUTION APPROVING SETTLEMENT AGREEMENT (Added) WITH GREEN -WEST -ACRES, A CALIFORNIA CORPORATION Mr. Madden informed the Council he had received a resolution of the Board of Directors of Green -West -Acres accepting the settlement proposal and has accordingly prepared settlement documents entitled "Agreement and Release" for the approval of the Council. He read the settlement document for the benefit of the Council and those present. Mr. Madden read Resolution No. 82-69 by title only. MOTION: Councilman Keiser moved for the adoption of Resolution No. 82-69. The motion was seconded by Councilman Giannini and unanimously carried by roll call vote. Councilman Giannini again requested that staff continue to negotiate for the release of all fee property on the sandspit owned by Green -West -Acres. Mr. Madden informed the Council that he would do so. RECESS: 9:25 p.m. NEW BUSINESS RECONVENED: 9:31 p.m. D-1 Request of Morro Dunes for information on lease site 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 23, 1969 Page Nine Mr. Little explained that the area in question is bounded on the south by the northerly line of Morro Dunes Campground and trailer storage area, on the east by the westerly fence line of the wastewater treatment plant, and on the north and west by the curve of the street joining the Embarcadero and Atascadero Road. He requested Council determination as to whether this area is available for lease; noting that Morro Dunes has tentative plans to use the property for a service center for the trailer park. Council members indicated they had no objections to leasing this area and directed staff to negotiate with Morro Dunes representatives and present a proposal to the Council at a later date. D-2 Request for authorization to advertise for bids - Embarcadero and Dunes Street water lines Mr. Little informed the Council that it is necessary to replace the existing 2" water line on the Embarcadero from Beach Street to 20' south of South.Street in order to proceed with the improvements on the Embarcadero. He requested Council authorization to advertise for bids. MOTION: Councilman Giannini moved that staff be authorized to advertise for bids for this project. The motion was seconded by Councilman Keiser and unanimously carried. D-3 RESOLUTION NO-.83-69. RESOLUTION APPROVING AGREEMENT FOR ANNUAL AUDIT FOR FISCAL YEAR ENDING JUNE 30, 1970. Councilman Giannini inquired concerning the possibility of asking for bids for the annual auditing of the city's books. He felt that the city might realize a savings by requesting bids from other accountants. Mayor Pro Tem Donohoo informed him that Mr. Willeford, the present City Auditor, has been the auditor of the County of San Luis Obispo for several years. He also informed the Council that Mr. Willeford had submitted the low bid some time ago when bids were called for by the Grand Jury. Councilman Giannini noted he would approve this agreement, but would request for bids for the next audit. MOTION: Councilman Giannini moved that Resolution No. 83-69 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution No. 83-69 by title only. MOTION: Councilman Giannini moved for the adoption of Resolution No. 83-69. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. rA L �J MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 23, 1969 Page Ten D-4 RESOLUTION NO. 84-69. RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO REGAL SEAFOOD COMPANY MOTION: Councilman Giannini moved that Resolution No. 84-69 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Resolution No. 84-69 by title only. MOTION: Councilman Giannini moved that Resolution No. 84-69 be adopted. The motion was seconded by Mayor Pro Tem Donohoo and unanimously carried by roll call vote. ADJOURNMENT MOTION: Councilman Giannini moved that the meeting be adjourned to executive session to discuss personnel matters. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. The meeting adjourned to executive session at 9:44 p.m. and reconvened at 10:08 p.m. MOTION: Councilman Giannini moved that this meeting be adjourned to October 13th at 7:30 p.m. in the City Hall Conference Room for the purpose of an executive personnel session. The motion was seconded by Councilman Keiser and unanimously carried. The meeting was adjourned at 10:09 p.m. Recorded by: M. J. LITTLE, City Clerk p� y: Carolyn L. Wentzell Deputy City Clerk C� • PUBLIC NOTICE The regular meeting of the Morro Bay City Council scheduled for September 9, 1969 has been cancelled by the City Council by minute order action at the regular meeting held on August 26, 1969. The next regular meeting of the City Council will be held on September 23, 1969 in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, at 7:30 p.m. DATED: August 27, 1969 WESLEY E. MALLERY, Mayor City of Morro Bay, Ca3,ifornia By / 6- . J. TTLE, Sent to: City Council City Attorney Charles Judsen John Sarber Bulletin Sun T-T KATY KSLY KVEC KSBY KCOY KOAG O 0 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that a special meeting of the Morro Bay City Council and the Morro Bay Planning Commission will be held on Friday, September 5, 1969 at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, to consider the following matter: The need for supplemental camping facilities in the beach area DATED: August 27, 1969 Sent to: Planning Commission Ned Rogoway City Council City Attorney Charles Judsen John Sarber Bulletin Sun Telegram -Tribune KATY RADIO KSLY RADIO KVEC RADIO KSBY TV KCOYTV KOAG RADIO Bill Thomas WESLEY E. MALLERY, Mayor City of Morro Bay, California B 2rzTTff�,Mit M.y Clerk C� • MINUTES - MORRO BAY CITY COUNCIL Special Meeting with Planning Commission September 5, 1969 7:30 p.m. Morro Bay Recreation Hall Mayor Mallery called the meeting to order at 7:30 p.m. ROLL CALL PRESENT: Councilmen Donohoo, Giannini, Keiser, and Mayor Mallery Commissioners Dolezal and Woll ABSENT: Councilman Bickford Commissioners Bertie, Dorn, and Nagano Mayor Mallery announced that this meeting had been called for the purpose of discussing the city's need for supplemental camping facilities. Councilman Keiser made a few opening statements relative to her discussion with Commissioner Nagano concerning this matter and also other matters of concern to the Planning Commission. COMMISSIONER BERTIE NOW PRESENT. Councilman Keiser continued her remarks, noting the lack of communications between the Planning Commission and the City Council. She also stated the city has adopted a General Plan and has taken no action to put it in force. She noted the Planning Commission is concerned with the City Council's recent overruling of their decision relative to .the removal of four eucalyptus trees; however, she also noted that the City Council has only overruled. Planning Commission action on a very few matters. COMMISSIONER NAGANO NOW PRESENT. Commissioner Bertie suggested improving communications by handling matters such as the request to remove these trees in the same manner as a Conditional Use Permit or a Variance. Commissioner Nagano spoke relative to the lack. of communications between the City Council and the Planning Commission. He suggested that any matters pertaining to city beautification or planning be immediately referred to the Planning Commission, since this is their prime responsibility. Commissioner Dolezal noted that tourism is an important source of revenue for the City of Morro Bay. He felt that the city must therefore make available to tourists within the area the facilities that exist within the city. He noted the city has certain property and can utilize it as the city sees fit; however, this property is limited in size. Private industries would be willing to develop trailer parks in the city, but the space is just not available. He noted that camping charges from the Morro Rock Park have been very profitable in the past and suggested using the park charges to raise funds for a later development in another area. Councilman Giannini noted the complaints received from the public relative to the unsightly camping conditions when campers MINUTES - MORRO BAY Special Meeting with September 5, 1969 Page Two CITY COUNCIL Planning Commission are allowed to use the area near the rock. He did not feel the city should be involved in competition with private business and suggested that the city advertise for private enterprise to develop the city -owned area near the P.G.& E. plant for a trailer park. He noted his feeling that Morro Rock Park should remain an open area. Commissioner Dolezal noted that an access road must be installed to the property in order to use it. He did not feel that either the city or private enterprise could afford to install this road. Councilman Keiser agreed that the land could be leased to private enterprise. She suggested that the city complete the proposed extension of the Embarcadero to meet Atascadero Road, stating the city must spend money in order to realize additional revenue. Mr. Little displayed a map showing the area proposed to be developed as a camping facility. The parcel of property is approximately 200' x 600' in size. He stated that approximately 125 to 140 camp sites could be developed on this property. Commissioner Nagano noted that this area could never provide sufficient camping facilities for all the tourists who come to Morro Bay. He felt the city should decide how many camping spaces it should provide for tourists, make provision for these spaces, and not attempt to meet all the demands for camp sites in Morro Bay. Mayor Mallery stated he could not agree with setting a limit on the number of camping facilities necessary for the city. He felt the area in front of P.G.& E. should be best utilized as a camping facility; noting that in order to justify closing the rock campground, the city must provide other camping facilities. The Mayor felt the city should adopt a master plan which would provide for supplemental camping spaces. He stated the citizens have indicated opposition to a trailer park at Morro Rock, but have indicated they would like some type of camping facilities in some other area. He suggested that the city hold public hearings in order to ascertain how the people of the community would like to develop the area around the rock. Commissioner Nagano stated that any master plans for areas such as this need to be developed by people experienced in the field of planning, since the general public is not capable of developing a comprehensive plan... Commissioner Dolezal suggested that the city make known to the general public the suggested Harbor Core Area Plan as included in the General Plan and let them indicate if they approve of it. Councilman Keiser felt that many people are not aware of the existence of a General Plan for the City of Morro Bay. MINUTES - MORRO BAY Special Meeting with September 5, 1969 Page Three CITY COUNCIL Planning Commission Commissioner Bertie noted that the Planning Commission is required by law to review the General Plan each year. Councilman Donohoo noted the matter of cost in developing the trailer park near P.G.& E. He felt the city should comply with the standard health requirements in installing such camping facilities since private enterprise would have to'do so. Commissioner Nagano again affirmed his feeling that the .city can not provide sufficient camping facilities for all the tourists who come to Morro Bay and should not attempt to do so. Commissioner Bertie noted that the State Department of Parks and Beaches has been operating on a reservation basis. He also noted that local radio stations have been reporting on the availability of camping facilities in certain areas. MOTION: Councilman Giannini moved that the city make an effort to lease this spot to private enterprise. The motion was seconded by Mayor Mallery. Dan Stack commented on the trailer park situation in Morro Bay, reading from the General Plan for the County of San Luis Obispo relative to recreational needs and the city and county cooperating in providing adequate facilities for recreation. He felt the city should not use valuable beach front property for camping purposes. He cited instances of the County Board of Supervisors refusing to allow camping facilities within the county. He stated that 1,550 campers were turned away from Morro Bay parks recently, and suggested that the city bring pressure against the Board of Supervisors to allow more campgrounds in the county. Mr. Little displayed aerial maps showing two proposed designs for the extension of the Embarcadero. COMMISSIONER DORN NOW PRESENT Comments were heard from members of the audience relative to the reduction in the size requirements for the installation of trailer parks. Mr. Little suggested that the Planning Commission and the City Council make a determination as to whether the plans for the intersection of the Embarcadero and Atascadero Road are feasible. Councilman Giannini withdrew his motion and Mayor Mallery withdrew his second to the motion. MOTION: Councilman Giannini moved that the two plans presented by staff be submitted to the Planning Commission for their study and recommendations for inclusion in the General Plan. The motion was seconded by Mayor Mallery and unanimously carried. L] MINUTES - MORRO BAY Special Meeting with September 5, 1969 Page Four CITY COUNCIL Planning Commission Councilman Gianninz recommended that another meeting between the City Council and the Planning Commission be held for discussion of matters of mutual interest to both bodies. Comments were heard from Commissioner Dolezal relative to the necessity for development in the city. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Keiser and unanimously carried. The meeting was adjourned at 8:59 p.m. Recorded by: M. J. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING August 26, 1969 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of August 12, 1969 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator - Correspondence HEARINGS, APPEARANCES, AND REPORTS B-1 Public hearing on Underground Utilities District B-2 Report on cable television franchise UNFINISHED BUSINESS C-1 Re -scheduling or cancellation of Council meeting September 9 - legal holiday C-2 Resolution approving assignment of lease from Charles M. and Gaylord M. Uptegrove to Upte, Inc. C-3 Alley repairs at Williams Bros. shopping center NEW BUSINESS D-1 Consideration of Employer -Employee Relations Resolution of the City of Morro Bay D-2 Request of Upte, Inc. for additional permitted use on Lease Site 22 D-3 Resolution approving grant of Waterfront Use Permit to L. Virgil Moores for construction and installation of floating bait tanks D-4 Resolution authorizing execution of Mutual Aid Agreement with California Division of Forestry ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 26, 1969 Page Two the city. Mr. Little informed the -Council that the health code requires one restroom, one shower, and one lavatory for each sex for every 15 camping spaces. Councilman Keiser explained her feeling that these facilities should not be operated on an overflow basis only, but the city should hire full-time personnel to manage such a camping facility, charge reasonable fees, and keep the camp open at all times. She felt the city should plan toward leasing the improved area to private enterprise in the future, but could realize a substantial profit in the meantime. Mayor Mallery agreed with Councilman Keiser's suggestions with the exception of operating the camp on a full-time basis. He felt this facility should be used only as an overflow camp. Councilman Giannini suggested that the city advertise for private enterprise to develop this site; thus providing the additional camping facilities without the development expense to the city. Councilman Bickford expressed his desire that the Council consider this matter seriously before committing this large parcel of property to such a use. He felt this would not relieve the problem of camping at the rock. Mayor Mallery suggested the deferment of this matter to a Council study session. Councilman Keiser agreed and withdrew her motion. Councilman Donohoo agreed with this suggestion, but noted his feelings that the city should not compete with private enterprise in any way. He also stated he felt the city should comply with any and all regulations governing camping facilities if the proposal is approved by the Council. MOTION: Councilman Giannini moved that the Council hold a joint meeting with the Planning Commission to consider the matter of additional camping facilities on Friday, September 5, 1969, at 7:30 p.m. in the Morro Bay Recreation Hall. The motion was seconded by Council- man Keiser and unanimously carried. (3) Councilman Giannini noted that Mayor Mallery has rescinded his resignation as of this date. He questioned the legality of this action and felt a legal opinion should be obtained in this matter. MOTION: Councilman Giannini moved that a copy of Mayor Mallery's resignation and the letter withdrawing his resignation be sent to Senator Grunsky, Assemblyman Ketchum, and the League of California Cities with a request to the Attorney General's office for a legal opinion. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 26, 1969 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Rev. Gary Mann gave the invocation. ROLL CALL PRESENT: Councilmen Bickford, Mayor Mallery ABSENT: None MINUTES Donohoo, Giannini, Keiser, and The minutes of the regular meeting of August 12, 1969 were considered by the Council MOTION: Councilman Bickford moved that the minutes be approved as written. The motion was seconded by Councilman Donohoo and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council (1) Councilman Keiser referred to City of Morro Bay Resolution No. 67-69 supporting the position of the County Board of Supervisors in their opposition to the granting of a permit to Belon Oysters of California, Inc. for the mooring of 23 oyster cultivation rafts in Morro Bay. MOTION: Councilman Keiser moved that the Mayor appoint a representative of the Council to read this resolution at the public hearing to be held by the U. S. Army Corps of Engineers in Morro Bay on September 2, 1969. The motion was seconded by Councilman Donohoo and unanimously carried. Mayor Mallery appointed Councilman Bickford to appear at this hearing and read the resolution. (2) Councilman Keiser noted the matter of camping by Morro Rock. She stated it was now time for the Council to begin planning for adequate camping facilities for the next tourist season. MOTION: Councilman Keiser moved that staff make a study and present a cost estimate for the proposed additional camping facilities in the area near the P.G.&.E. power plant. Mayor Mallery reviewed the action taken by the Council in this matter, noting that health regulations would require more sanitation facilities than originally proposed; thus increasing the cost to MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL August 26, 1969 Councilman Bickford stated this matter should be referred to the City Attorney for a legal opinion. Councilman Giannini indicated he would be agreeable to this and withdrew his motion. MOTION: Councilman Giannini moved that the City Attorney be requested to submit a written legal opinion to the Council concerning the withdrawal of Mayor Mallery's resignation. The motion was seconded by Councilman Bickford and unanimously carried. (4) Councilman Keiser noted her feeling that the Council should have an attorney present at every meeting. Councilman Bickford stated that any legal questions could be deferred until the next meeting when Mr. Madden would be present. Councilman Donohoo noted that Mr. Madden has been City Attorney for 16 months and has only missed two Council meetings. He stated he saw no point in insisting that an attorney be present at every .meeting. Mr. Little informed the Council that Mr. Paul Hart, Mr. Madden's partner, could be present; however, Mr. Hart does not have as much knowledge in municipal proceedings as Mr. Madden. He explained that the agenda items had been reviewed by Mr. Madden and himself and it was felt that there were no matters which would require Mr. Madden's attendance at this meeting. (5) Councilman Giannini mentioned the negotiations between city staff and Green -West Acres for the cancellation of their lease'on the sandspit and requested that the city attempt to secure title to the six parcels of fee property owned by Green - West. He explained his feeling that the sandspit should remain an open area without commercial development of any kind. Mr. Little explained that the six parcels owned by Green -West were scattered in different areas of the sandspit and Green -West has indicated they would be willing to negotiate with the city in order to consolidate this property, but have been adamant in their desire to retain ownership. (6) Mayor Mallery again noted his appointment of the Mayor's Advisory Council. He read a list of the members of this council, explaining that he did not ask official Council sanction of this advisory committee because he felt the people would be less reticent about expressing their feelings in closed sessions. If this committee had been approved by the Council, members would be required to make their comments in public. He noted he had paid the costs of the first meeting of the committee, since the City Council had requested that he do so. However, he stated he could not continue to pay for the recording and transcription of the minutes in this manner because of the high cost. He asked for expressions of opinion from the Council as to whether or not the ideas expressed by the members of the Mayor's Advisory MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 26, 1969 Page Four Council were helpful to the Councilmen: noting that if the Council did not feel the minutes were of value, copies would not be furnished to them. Councilman Keiser stated she had felt the appointment of this committee was helpful for the Mayor and the matters discussed at the meeting were helpful for the Council members. However, she felt a member of the committee could act as secretary instead of using the staff secretary. Councilman Giannini noted that the Mayor had the right to appoint such an advisory council; however, he felt that the staff secretary had enough responsibilities without taking on this additional task. He did feel that the city could pay for the cost of printing the minutes. He stated this committee should be given definite responsibilities and then left to itself to discuss matters and make recommendations to the Mayor. He reviewed the items under discussion at the first meeting of the Mayor's Advisory Council; stating that these items had been discussed by the council and nothing was accomplished by the committee "re- hashing" them again. He did not feel the minutes of the meeting were helpful to the Council members, and the taxpayers should not be required to bear the cost of these meetings. Mayor Mallery stated the committee would continue to meet, the meetings would be kept closed, and copies of the minutes would not be furnished to the Council members. A-2 City Attorney Mr. Madden was not present at this meeting. A-3 City Administrator (1) Mr. Little presented the Expenditure Report for the period August 1, 1969 through August 15, 1969 for the approval of the Council. MOTION: Councilman Donohoo moved that the Expenditure Report for the period August 1-15, 1969 be approved. The motion was seconded by Councilman Bickford and unanimously carried. (2) Mr. Little gave a brief report on the progress on the installation of the 1 M.G. water tank; noting that, at the recommendation of the engineers, minor changes in the specifications have been authorized which will reduce the contract cost by $2,200. (3) Mr. Little advised the Council that two members of the Planning Commission have indicated they would like to attend the League of California Cities Conference in San Francisco. He noted that since only one Councilman and the City Administrator will be attending this conference, funds could be ,transferred from the Council travel expenses and used for the Planning Commission. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 26, 1969 Page Five MOTION: Councilman Keiser moved that the two members of the Planning Commission be authorized to attend this meeting of the League of California Cities. The motion was seconded by Councilman Bickford and unanimously carried. (4) Mr. Little requested Council authorization for members of the Planning Commission to attend the Fourth Annual Workshop of the Planning and Conservation League in Santa Barbara on September 20th. MOTION: Councilman Giannini moved that members of the Planning Commission be authorized to attend this symposium in Santa Barbara. The motion was seconded by Councilman Bickford and unanimously carried. (5) Mr. Little informed the Council that it will be necessary to appoint a voting delegate and an alternate voting delegate for the League of California Cities Conference in San Francisco. MOTION: Councilman Donchoo moved that Councilman Keiser be appointed voting delegate for the city and Mr. Little be appointed alternate. The motion was seconded by Councilman Bickford and unanimously carried. CORRESPONDENCE 1. Letter from Mrs. D. C. Peck concerning the efficient operation of the Police and Fire Departments during an accident occurring in front of her home. 2. Complaint concerning cable television reception from Mr. and Mrs. A. W. Thomas. 3. Announcement of the Arroyo Grande Valley Gay Nineties Harvest Festival to be held October 4, 1969. 4. Letter from Mr. & Mrs. J. H. Krieger re the allowing of burning within the city. 5. Letter of appreciation from Moose Lodge for use of area near Morro Rock for the Bob Denning Pet Zoo. 6. Letter from Charles E. Ogle concerning property west of Highway 1, east of the access road to the high school, and north of relocated 66th Street. Mr. Little explained that this property had been acquired by the city for a proposed frontage road; however, this parcel restricts access to Mr. Ogle's property which is adjacent on the north. Mr. Ogle has requested an exchange of property which he feels would benefit the city and himself. Councilman Bickford felt the city should maintain a strong MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 26, 1969 Page Six bargaining position in this matter. He suggested that a proposal be made by Mr. Ogle before action is taken by the city. Councilman Giannini noted that Mr. Ogle would like a decision from the Council. He recommended that the city secure an appraisal of this property and then make a decision. Councilman Keiser noted she would like to view this particular parcel of land before making a decision. MOTION: Councilman Donohoo moved that staff be directed to inform Mr. Ogle that the city is not desirous of taking any action in this matter at this time. The motion was seconded by Councilman Bickford and unanimously carried. 7. Request from Mr. Chuck Sites to appear before the Council to seek support on the Abalone Industry's request to urge the Fish and Game Commission to direct the Department of Fish and Game to immediately herd sea otters from the Point Estero area to the Cambria reserve. The Council agreed to consider this matter as item C-4 on the agenda. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Bickford and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS B-1 Public hearing on Underground Utilities District Mr. Little reviewed the action taken by the,city relative to this underground utilities district on the Embarcadero. He displayed a map showing the area included in this proposed district; stating this would require that all utilities in the area provide under- ground service and all property owners receive utilities from underground, facilities. Mayor Mallery declared the public hearing open at 8:49 p.m. He asked for comments in favor of this district. Dan Stack spoke in favor of the undergrounding. Mr. Alvie Coughlin inquired relative to the improvements which will be installed in this area as a result of the settlement of the litigation. Mr. Charles Willnauer questioned the cost to property owners for this undergrounding. Mr. Pete Darnton of P.G.&.E explained the costs to be borne by the property owners. Hugh Case spoke in opposition to the formation of this district. There being no further comments, Mayor Mallery declared the hearing closed at 8:57 p.m. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 26, 1969 Page Seven RESOLUTION NO. 72-69. RESOLUTION ESTABLISHING UNDERGROUND UTILITIES DISTRICT NO. 1 MOTION: Councilman Donohoo moved that Resolution No. 72-69 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Resolution No. 72-69 by title only. MOTION: Councilman Donohoo moved that Resolution No. 72-69 be adopted with the insertion of June 1, 1970 as the date for property owners to be ready to receive underground service and November 1, 1970 as the date for the utilities companies to remove all overhead structures. The -motion was seconded by Councilman Keiser and carried by roll call vote with Councilman Giannini abstaining from voting. B-2 Report on cable television franchise Mr. Little read the report prepared by the City Administrator and City Attorney concerning cable television operating standards and complaints. The report noted the franchise provides that the cable television system be installed and maintained in accordance with the highest and best accepted standards of the industry; the technical definitions to maintain such service being beyond the competence of city staff. Staff recommended that the Mayor make this subject a matter of discussion at the next Mayors' Meeting, requesting that all cities in the county engage an engineer to investigate the quality of the service. Mr. Little also read a letter from Art Hapgood, Vice -President of Central California Communications Corporation, stating that an additional relay station will be placed between Broadcast Peak and Mount Lowe which should improve the general reception of Los Angeles television stations and eliminate the fade condition which affects the microwave transmission during the warm periods of the year. Mr. Little also read a copy of the letter from John C. Cohan, President of C.C.C.C., to the Microwave Transmission Corporation accepting their proposal to add this intermediate microwave radio relay station at Mount Soloman. Mr. Little informed the Council that Mr. Hapgood has asked to appear before the Mayors' Meeting. Comments were heard from Jack Youngs and Manuel Kindsvater concerning the poor cable television reception in the area. Mayor Mallery stated that this matter would be discussed at the next Mayor's Meeting and Mr. Hapgood would be asked to attend and make a presentation at that time. UNFINISHED BUSINESS C-1 Re -scheduling or cancellation of Council meeting September 9 - legal holiday MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL August 26, 1969 MOTION: Councilman Giannini moved that the City Council meeting of September 9, 1969 be cancelled. The motion was seconded by Councilman Bickford and unanimously carried. C-2 RESOLUTION NO. 73-69. RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM CHARLES M. UPTEGROVE AND GAYLORD M. UPTEGROVE TO UPTE, INC. Mr. Little explained that this matter had been considered by the Council at the last regular meeting and authorization had been given,to staff to prepare this resolution and the necessary Assignment of Lease and Assumption Agreement. He stated this was a routine transfer to clarify responsibilities on the part of the lessee. MOTION: Councilman Donohoo moved that Resolution No. 73-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 73-69 by title only. MOTION: Councilman Bickford moved for theadoption of Resolution No. 73-69. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. C=3 Alley repairs at Williams Bros. shopping center Mr. Little informed the Council that this alley had been officially accepted by the city at the time of the approval of the development plans for this shopping center. This alley is now in need of repair and the estimated cost of these repairs is $3,375. He noted that funds for this project have not been budgeted. Councilman Giannini did not feel the city should take on this responsibility since this is a private alley. MOTION: Councilman Giannini moved that the city abandon this particular alley. Councilman Donohoo noted that this shopping center is a large source of revenue to the city; and, since the city has accepted the alley, it should provide for its maintenance. Comments were heard from Hugh Case and Neil Moses in opposition to the city maintaining this alley. Councilman Keiser questioned the legality of abandoning this alley and suggested that this matter be deferred until the City Attorney is present. Councilman Giannini withdrew his motion. MOTION: Councilman Keiser moved that the City Council defer this matter until the next meeting and request a MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 26, 1969 Page Nine report from the City Attorney. The motion was seconded by Councilman Giannini and unanimously carried. C-4 Request of Abalone Industry for support in controlling (Added) sea otters Mr. Sites informed the Council that two years ago, the Fish and Game Department began a 3-year study on trapping and trans- planting sea otters and a feasibility study on a suitable area to move the otters. To this date, only 22 otters have been moved. Mr. Sites read the request of the Abalone Industry which will be sent to the Fish and Game Commission. He asked Council support in this request for an emergency hearing in Morro Bay or to be placed on the agenda at the earliest commission meeting to ask the commission to order the Department of Fish and Game to immediately remove all sea otters from the Cambria-Cayucos abalone area or permit local citizens to herd them back into the refuge under supervision by the Fish and Game Department. Mayor Mallery stated he had discussed this problem with Fish and Game representatives with no results. He noted the abalone industry is rapidly vanishing from Morro Bay; but the Fish and Game Department has not taken proper action in controlling the otters because of pressure from the opposition. He noted his feelings that the otter can be kept in captivity and recommended that the Council continue to support control of the otters. Dan Stack agreed that action should be taken, but questioned whether or not the city should interfere; since the otters are not within the city limits. Councilman Bickford felt the city should support this request. He recommended that a letter be sent to the Fish and Game Commission urging that this program oftrapping and moving otters be continued and that it be accelerated. Mrs. Sites requested that the Council ask that the Fish and Game Commission hold a special hearing on this matter in Morro Bay.' MOTION: Councilman Donchoo moved that staff meet with the Mayor and Mr. Sites and send a letter to the Fish and Game Commission with copies to the Governor, Senator Grunsky, and Assemblyman -Ketchum, supporting the position of the Morro Bay Abalone Industry and requesting that a special hearing be held in Morro Bay. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Ernie Porter spoke at length relative to the otter problem. RECESS: 9:58 p.m. RECONVENED: 10:03 p.m. NEW BUSINESS MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 26, 1969 Page Ten D=1 Consideration of Employer -Employee Relations Resolution of the City of Morro Bay Mr. Little presented a draft copy of the proposed Employer - Employee Relations Resolution for the consideration of the Council. He noted that the resolution was drawn up by the League of California Cities and is recommended for adoption by staff because of the recent formation of an organized employee group within the City. This resolution provides the "ground rules" for the correct handling of matters between such an organization and the city government. RESOLUTION NO. 74-69. EMPLOYER -EMPLOYEE RELATIONS RESOLUTION OF THE CITY OF MORRO BAY MOTION: Councilman Giannini moved that Resolution No. 74-69 be adopted and that Mr. Little be appointed the Municipal Employee Relations Officer of the city. Councilman Keiser indicated she would like to study this matter further before making a decision. Councilman Bickford noted that the adoption of this resolution was recommended by the City Administrator and the City Attorney, and he was in agreement with it. After discussing the matter further, Councilman Giannini with- drew his motion. MOTION: Councilman Giannini moved that Resolution No. 74-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 74-69 by title only. MOTION: Councilman Bickford moved that Resolution No. 74-69 be adopted. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. MOTION: Councilman Donohoo moved that Mr. Little be appointed the Municipal Employee Relations Officer of the City of Morro Bay, according to the provisions of this resolution. The motion was seconded by Councilman Bickford and unanimously carried. D=2 Request of Upte, Inc. for additional permitted use on Lease Site 22 Mr. Little referred to the memorandum report on this request from the City Administrator and the Planning Commission approval given at their last regular meeting. He noted the Council had directed the Planning Commission to act on any additional uses for businesses on the waterfront and present recommendations to the City Council. MINUTES - MORRO Regular Meeting Page Eleven BAY CITY COUNCIL August 26, 1969 Mayor Mallery noted the recommendation of the City Attorney to allow special percentage rental on this lease site because of the shipyard use; but now he was concerned about allowing an. additional permitted use of "gift and novelty shop" on this site. Mr. Ralph Gunther explained that the lease can be terminated by the city if the shipyard use is discontinued. He also noted the city will gain additional revenue by allowing this use,, since the percentage rental for gift shops is higher. He indicated that the corporation would be willing to have the Council set limits for the amount of space to be used for this gift shop. He stated that the front 20' x 40' of the existing building is proposed to be used for the gift shop, which is only a part of the entire building. He stated this request is made in order to make the boat yard function as efficiently as possible; since no need is anticipated in the future for the use of the entire building as a shipyard. Councilman Keiser noted she had reviewed this building and felt the gift shop would be an attractive addition and would add to the aesthetic value of the building. Further discussion was held among members of the Council and Mr. Gunther concerning this request. MOTION: Councilman Bickford moved that staff be authorized to prepare a resolution approving this additional use on the stipulation that no more than the front 20' of the building be incorporated as a gift shop. The motion was seconded by Councilman Keiser. Roll call vote: AYES: Councilmen Bickford, Donohoo, Giannini, and Keiser NOES: Mayor Mallery D-3 RESOLUTION NO. 75-69. RESOLUTION APPROVING GRANT OF WATERFRONT USE PERMIT TO L. VIRGIL MOORES FOR FLOATING BAIT TANKS MOTION: Councilman Donohoo moved that Resolution No. 75-69 be read by title only. The motion was seconded by Council- man Giannini and unanimously carried. Mr. Little read Resolution No. 75-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 75-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. D-4 RESOLUTION NO. 76-69. RESOLUTION AUTHORIZING EXECUTION OF MUTUAL AID AGREEMENT WITH CALIFORNIA DIVISION OF FORESTRY MOTION: Councilman Donohoo moved that Resolution No. 76-69 be read by title only. The motion was seconded by Councilman Giannini and unanimously carried. L] MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 26, 1969 Page Twelve Mr. Little read Resolution No. 76-69 by title only. MOTION: Councilman Bickford moved for the adoption of Resolution No. 76-69. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Giannini and unanimously carried. The meeting was adjourned at 10:37 p.m. Recorded by: M. J. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk 9 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Morro Bay will conduct a Public Hearing on Tuesday, August 12, 1969, at 7:30 p.m. in the Morro Bay Recreation Hall, Dunes Street and Shasta Avenue, Morro Bay, California, to consider the vacation of a portion of Dunes 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 23, 1969 WESLEY E. MALLERY, Mayor City of Morro Bay, California By.� M. J.L-LITTLE, City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING August 12, 1969 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of July 22, 1969 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator HEARINGS, APPEARANCES, AND REPORTS B-1 Appearance of Dean Ganes representing the Morro Bay Chamber of Commerce B-2 Appearance of representatives of downtown merchants' group B-3 Report of Council appointed committee developing city questionnaire B-4 Public hearing on vacation of a portion of Dunes Street B-5 Report of Division of Highways on request for limited speed zone - Highway 1 UNFINISHED BUSINESS C-1 Policy determination on "Brown" lease C-2 Review of P.G.& E. park plan C-3 Removal of abandoned vehicles from city streets and private property C-4 Review of Christmas decorations C-5 Fishing at boat launching ramp C-6 File room addition to City Hall NEW BUSINESS D-1 Appeal of Milton G. Ross on denial of tree removal request by Planning Commission D-2 Request of Gaylord Uptegrove for assignment of lease on Lease Sites 87, 88, 87W, and 88W to Upte, Incorporated D-3 Policy on authorization of travel and meetings requests D-4 Request for authorization to advertise for bids for chipsealing various city streets - Select System Project No. 43 D-5 Re -scheduling or cancellation of Council meeting of September 9 - legal holiday D-6 Resolution granting a Use Permit to Morro Bay Chamber of Commerce to conduct annual Rock-O-Rama celebration D-7 Approval of Change No. 2 to contract with County for planning services D-8 Resolution authorizing the Department of General Services of the State of California to purchase certain items D-9 Resolution setting tax rate for 1969-70 fiscal year for general fund and capital improvement purposes D-10 Resolution setting tax rate for 1969-70 fiscal year for sewer bond redemption CORRESPONDENCE ADJOURNMENT u MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 12, 1969 7:30 p.m. Morro Bay Recreation Hall Mayor Mallery called the meeting to order at 7:30 p.m. with the Pledge of Allegiance.. ROLL CALL PRESENT: Councilmen Bickford, Donohoo, Giannini, Keiser, and Mayor Mallery ABSENT: None MINUTES The minutes of the regular meeting of July 22, 1969 were considered by the Council. MOTION: Councilman Giannini moved that the minutes be approved as written. The motion was seconded by Councilman Donohoo and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION Ayl City Council (1) Councilman Bickford noted he had been receiving numerous complaints from citizens concerning poor cable television reception. He stated that reception had not improved since the Council met with Art Hapgood of Central California Communications Corporation a year ago. Mayor Mallery noted that this matter had been the subject of some discussion at the recent Mayor's Advisory Council meeting and he intends to discuss it at the next Mayor's Meeting which will be held in Morro Bay in September. Councilman Keiser informed him that Central California Communications Corporation is paying the city approximately $200.00 per month franchise payments and she felt that adequate service should be demanded by the city. MOTION: Councilman Keiser moved that staff investigate this matter and report back to the City Council. Councilman Giannini noted that CATV had indicated at a meeting with representatives of the city that these reception difficulties could not be corrected. Councilman Bickford suggested consultation with another agency to determine if the reception could be improved. Councilman Donohoo seconded the motion and it was, unanimously carried. �J MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL August 12, 1969 (2) Councilman Giannini stated he had received requests that "Correspondence" be read under "City Administrator" in order to allow people to be present when the letters were read. MOTION: Councilman Giannini moved that "Correspondence" be moved to "A-3, City Administrator". The motion was seconded by Councilman Bickford and unanimously carried. (3) Councilman Giannini also requested that items D-9 and D-10 be moved to D-1 and D-2 to allow those present to hear these matters discussed by the Council at an earlier hour. MOTION: Councilman Giannini moved that items D-9 and D-10 be moved to D-1 and D-2 on the agenda. The motion died for the lack of a second. (4) Councilman Giannini noted that he had received telephone calls on Monday night informing him that campers were using the Morro Rock Park. He called the Police Department and was informed that the Mayor had given permission to open the park because of overflow conditions. He was disturbed that the Mayor had given permission for the park to be opened since the Council had indicated they wanted it open only on three-day weekendswhen all other available camping sites were filled. He noted he had visited the camping area and had been informed by campers that State Park rangers had told them the park was open. (5) Councilman Giannini noted his opposition to the appointment of the Mayor's Advisory Council. He stated that city staff had been present to take minutes of the meeting and city recording equipment had been used. He stated that the Council had not approved nor been asked to approve, the appointment of the Council and therefore, staff or city equipment should not be used for this purpose. He felt that such a committee should be responsible to the City Council as a whole. He asked for an explanation and an immediate correction of this situation. MOTION: Councilman Giannini moved that the State Department of Parks and Beaches be notified of the city ordinance regarding the use of the Morro Rock Park. Councilman Keiser agreed with Councilman Giannini on the problem of camping at the rock. She asked for an explanation from staff as to'what really happened. Mr. Little explained that the Chief of Police was not at home and the acting watch commander, a patrolman, was not familiar with the correct chain-of-command,procedure and he called the Mayor rather than the City Administrator. He informed the Council members that the Police Department had been advised to contact the City Administrator in the future. Councilman Bickford agreed that the Council had approved the use of this campground only on three-day weekends and it should not be open for camping at any other time. E MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL August 12, 1969 Mr. Little explained that the Parks and Beaches Department have been notified that this area is closed to campers. Councilman Donohoo confirmed the fact that State employees are aware of the ordinance prohibiting camping at the rock. Mr. Little noted that the State plans to install additional camp sites, but construction will not be complete until 1973. Councilman Keiser suggested that the city write again to the State asking that these facilities be provided sooner than 1973. Mr. Little explained that this construction depends on successful budgeting of funds and can not possibly be accomplished before this date. Councilman Keiser seconded the motion and it was unanimously carried. Councilman Giannini again noted his objection to the appoint- ment of the Mayor's Advisory Council and the use of staff secretary for transcription of minutes. He felt the Mayor should pay for these services and the use of city equipment. Mayor Mallery explained that he created this council in an effort to establish peace and harmony in the community. He stated he had advised members of the Council of his efforts but had not requested official Council approval. He indicated he would be willing to pay for the services of a secretary for this purpose. Discussion was held relative to the parking at the campground. Mr. Little informed the Council that the Police Department would be advised of the decision of the Council to enforce the camping ordinance. (6) Councilman Keiser introduced,Mrs. Esther Schwarzenbach and requested that she explain the efforts of the hospital committee. Mrs. Schwarzenbach stated she was chairman of this committee which was endeavoring to secure a convalescent hospital for the Morro Bay area. She reviewed the steps taken by the committee, noting the difficulties and obstacles encountered. She requested that the City Council adopt a resolution which would be sent to the Regional Health Planning Council in Visalia supporting the committee's efforts. Councilman Keiser suggested that Council refer this matter to staff to meet with Mrs. Schwarzenbach and prepare the necessary resolution for presentation to the Council. Councilman Bickford indicated he would like an opportunity to study this matter before asking the city to support this request. He noted that it might not be economically feasible to operate such a hospital in Morro Bay and recommended deferment: After further discussion, the following motion was made: MOTION: Councilman Keiser moved that the City Council direct staff to send a letter to the Regional Health Planning MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 12, 1969 Page Four Council with a copy to be.sent to the Chairman of the Board of Supervisors requesting that the City of Morro Bay and the north coastal area be considered the next time the board makes an allocation for con- struction of future convalescent hospitals or the allocation of convalescent hospital beds. The motion was seconded by Councilman Donohoo and unanimously carried. A`2 City Attorney Mr. Madden reported that Mr. Norek has now signed all settle- ment documents. He also reported that Green -West Acres has agreed to cancel their lease with the city for Lease Site 300 on the sandspit for a refund of approximately $14,000 rental paid to the city, a refund of $1,000 contributed toward the deepening of the channel, plus the sum of $500 to $600 for the aerial seeding of the sandspit which had been requested by the previous Council. He recommended that this settlement be approved on the condition that the city receives full release of any claims, release of lease and quitclaim of all lands embraced within the lease, with the exception of six small parcels owned in fee by Green -West. MOTION: Councilman Donohoo moved that the City Council authorize staff to proceed with the acceptance of this settle- ment as outlined by the City Attorney. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Madden also informed the present at the next meeting, but August 19th. A-3 City Administrator Council that he would not be would be at City Hall on Tuesday, (1) Mr. Little presented the Financial Report for the period July 1, 1969 through July 31, 1969 for the approval of the Council. MOTION: Councilman Donohoo moved that the Financial Report for the period July 1 through July 31, 1969 be approved. The motion was seconded by Councilman Bickford and unanimously carried. (2) Mr. Little presented the Expenditure Report for the period July 16:through July 31, 1969 for the approval of the Council. MOTION: Councilman Donohoo moved that the Expenditure Report for the period July 16 through 31, 1969 in the amount of $40,979.36 be approved. The motion was seconded by Councilman Bickford and unanimously carried. (3) Mr. Little presented an announcement of League of California Cities Conference to be held in San Francisco on September 28 through October 1. He asked that C� • MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL August 12, 1969 members of the Council indicate if they plan to attend this meeting. Councilman Keiser suggested that members of the Planning Commission be asked to attend this conference. She was informed that no funds have been budgeted for this purpose. Mr. Little requested Council authorization to attend this meeting. MOTION: Councilman Bickford moved that the City Administrator be authorized to attend this conference. The motion was seconded by Councilman Donohoo and unanimously carried. (4) Mr. Little informed the Council that a letter had been received from the Bay-Osos Lions Club concerning the permit application of Belon Oysters. He requested that this letter be read later in the evening when club representatives would be present. The Council agreed. (5) Mr. Little read a notice of public hearing from the U. S. Army Corps of Engineers re the application of Belon Oysters to moor oyster cultivation rafts in Morro Bay. (6) Mr. Little read a letter addressed to the Mayor inviting the City Council to participate in the Rock-O-Rama Parade on Saturday, August 30th. (7) Mr. Little presented.a letter.from Donald L. LaChance expressing appreciation for service rendered by a member of the local police force, Policewoman Betty Madruga. (8) Mr. Little presented a request from the Economic Opportunity Commission for the appointment of a representative from the city to serve on the commission. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Bickford and unanimously carried. Mayor Mallery appointed Councilman Keiser to serve as the city's representative on the commission. MOTION: Councilman Donohoo moved that the Council approve this appointment. The motion was seconded by Councilman Bickford and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS B-1 Appearance of Dean Ganes representing the Morro Bay Chamber of Commerce. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL August 12, 1969 Mr. Ganes presented the Mayor with of $500.00 from a fund-raising project placed in the park fund. a check in the amount of the Chamber to be MOTION: Councilman Keiser moved that a trust fund be set up for the purpose of receiving money for the park. The motion was seconded by Councilman Giannini and unanimously carried. B-2 Appearance of representatives of downtown merchants' group Mrs. Jackie Bodie, representing the "400-Plus Crowd" read the report of the group with the following recommendations: (1) Clearly defined and enforced speed limit of 25 m.p.h. in the core area of the city. (2) City to provide off-street parking in core area and begin a program of land aquisition for this purpose. (3) An enforced 2-hour parking limit on Morro Bay Boulevard, Napa, Monterey, and Main Streets in the core area and two green zones in each block. The committee also suggested that the city provide and maintain benches in the downtown area. Councilman Bickford noted that the clearly defined speed limit recommendations could be put into effect immediately. Councilman Donohoo noted that the Police Department has been instructed by the Council to use a selective method of issuing citations which does not help to alleviate the speeding problem. MOTION: Councilman Giannini moved that staff be directed to prepare a parking ordinance incorporating the recommendations of the downtown merchants and correct the speed limit discrepancies. The motion was seconded by Councilman Keiser and unanimously carried. Councilman Keiser requested that a study be made by the 400-Plus Crowd on the possible aquisition of land for off-street parking facilities to be presented to the Council. Mr. Little questioned the city's responsibilities in providing this parking. He felt a legal opinion would be necessary as to whether the city could do this without people in specific areas paying a share of the cost. Councilman Keiser suggested that the city purchase property, lease it to businessmen for parking purposes, and later sell it to private individuals for development. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 12, 1969 Page Seven Mr. Madden explained that the most common way of providing off-street parking facilities is through a parking district where the area within the district pays a special tax to cover the cost. He suggested that the Council ask Planning Commission advise on the possibility of requiring off-street parking for any new business:development. He also noted parking meters would be a source of revenue for such a project as this. He stated he would study the Hahn Wise report and report back to the Council at a later date. B=3 Report of Council -appointed committee developing city questionnaire Mrs. Ginsburg, committee chairman, presented the questionnaire to the Council and requested approval of funds for printing and distribution costs. Councilman Bickford requested that this matter be deferred until the next meeting to give Council members an opportunity to study the questionnaire. Mrs. Ginsburg read the questionnaire in its entirety for the benefit of those present. Mayor Mallery expressed the appreciation of the Council for the efforts of the committee and declared the committee dissolved. He declared the matter deferred until the next meeting. Councilman Giannini felt there was no need to defer this matter and recommended approval by the Council at this time. He suggested the addition of two questions: (1) "Do the people favor sidewalks for the City of Morro Bay?" and (2) "Do the people favor a total leash law?" MOTION: Councilman Giannini moved that this questionnaire be approved by the Council. The motion died for the lack of a second. Mrs. Ginsburg informed the Council that the committee will take care of the distribution of the questionnaire to Morro Bay residents. Councilman Keiser felt that city staff should compile and tabulate the returned questionnaires. She was informed that the committee would take care of this and would submit the results to the city. Jack Youngs stated the committee recommended that 6,000 copies of the questionnaire be printed at a cost of approximately $120.00; plus approximately $56.00 for business reply service for the estimated 700 returns. This would be the total cost to the city. Councilman Bickford again suggested that this matter be deferred to give the Council time for study. Councilman Giannini disagreed and informed the committee 11 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 12, 1969 Page Eight that if the City Council deferred this matter they should dis- associate themselves from the Council and continue to pursue the matter on their own. Mrs. Ginsburg explained that the questionnaires required the signatures and addresses of those submitting answers, but names would not be made available to the city staff or Council. Discussion was held between committee members and Council members relative to specific questions included in the proposed questionnaire. Councilman Keiser stated she had no objection to sending these questionnaires. She felt the city had requested this and now should complete the project. More lengthy discussion was held regarding this matter. Comments were heard from Bill Mehaffy concerning the advisability of sending this questionnaire to citizens in the community. MOTION: Councilman Bickford moved that the City Council take this matter under advisement for two weeks and act on it at the next Council meeting. The motion was seconded by Mayor Mallery and carried by voice vote with Councilman Giannini voting "no". Mrs. Ginsburg then read a prepared statement submitting "the resignation of the committee and informing the Council they would proceed with the project without the help of the city. RECESS: 9:22 p.m. RECONVENED: 9:31 p.m. B-4 Public hearing on vacation of a portion of Dunes Street Mr. Little explained the area in question and displayed a map showing the re -alignment of the Embarcadero which will result from this exchange of property. Mayor Mallery declared the public hearing open at 9:34 p.m. Comments were heard from Jack Youngs and Neil Moses in favor of this abandonment. There being no further comments, the hearing was declared closed. RESOLUTION NO. 66-69. RESOLUTION DECLARING ABANDONMENT OF A PORTION OF DUNES STREET Mr. Little read Resolution No. 66-69 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 66-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 12, 1969 Page Nine B`5 Report of Division of Highways on request for limited speed zone - Highway 1 Mr. Little reviewed the steps taken by the Morro Bay Highway Safety Committee in their efforts to remove hazardous conditions on Highway 1. He -stated that the resolution adopted by the City Council supporting the committee's recommendations had been sent to the Division of Highways. He read the reply from H. R. Ginsberg, District Traffic Engineer, informing the city that the State could not provide a 45 m.p.h. speed zone as requested.' However, if the city desires a 60 m.p.h. speed zone, it will be placed. Councilman Giannini stated he felt the reply from the State was ridiculous. He felt more action should be taken to reduce the speed limit in this area. Mr. Dale Mitchell, committee chairman, noted that Senator Grunsky and Assemblyman Ketchum's office has indicated they support the committee and the city in this matter. Councilman Giannini recommended that the city write to these legislators and request their support. MOTION: Councilman Giannini moved that staff send copies of the reply from the State Division of Highways to Senator Grunsky and Assemblyman Ketchum and advise them of city's position, requesting their support. The motion was seconded by Councilman Keiser and unanimously carried. UNFINISHED BUSINESS C-1 Policy determination on "Brown" lease Mr. Little reviewed the negotiations in this matter and requested Council determination. Councilman Bickford indicated he would like to review Mr. Brebes' plans for the proposed improvements on this site. Mr. Little explained that the plans were not available for display at the meeting. Mr. Ray Gallo, attorney for Mr. Brebes, explained the proposed plans for the development of this lease site. Mr. Brebes plans to establish an abalone "hatchery".with an expenditure of between $10,000 and $50,000. He noted that the first proposal of Mr. Brebes provided for a lease term geared to the extent of the investment. Another proposal has been submitted to the Council providing a specific term with a specific investment and a penalty clause providing loss of term if expenditure is not invested. He felt a sliding scale to determine the term of lease according to amount of investment would be acceptable to Mr. Brebes. Councilman Bickford noted that the Council was not following E MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 12, 1969 Page Ten policy by negotiating with Mr. Brebes in this matter. Mayor Mallery noted the city has an obligation to the citizens of Morro Bay and the people of California in administering this tidelands trust property. He stated he could not understand these constant re -negotiations. Mr. Madden reviewed the negotiations with Mr. Brown and Mr. Brebes, stating that at no'time was the $50,000 expenditure mandatory. Councilman Bickford indicated he was satisfied with Mr. Brebes' plans as an adequate construction program for this lease site. Mr. Madden indicated he would have no objections to extending the period of time required forconstruction from 2 to 5 years for the construction of improvements. He noted that these intended uses are of the highest type for tidelands and would be very attractive to visitors to Morro Bay. Councilman Giannini felt this was a decision for the Council and not for staff. He felt that 5 years for the construction of improvements, a $40,000 expenditure, and a 30 year term was satisfactory. He felt that the uses for this lease site would be advantageous to the city and felt equal rights should be granted to all lessees on the waterfront -- those involved in litigation as well as those who are not. Councilman Bickford noted that the investment had decreased and the term had increased since Mr. Brebes' first proposal. He did agree that the improvements suggested by Mr. Brebes were acceptable. Further lengthy discussion was held relative to the proposals submitted by Mr. Brebes and the term of the proposed lease. MOTION: Councilman Giannini moved that the guidelines as submitted by Mr. Gallo be approved by the City Council and that staff be directed to draw up a lease for a 25-year term with 5 years construction time and a $40,000 expenditure on the part of the lessee. The motion was seconded by Councilman Keiser and carried by roll call vote with Mayor Mallery abstaining from voting because of a possible conflict of interest. C-2 Review of P.G.& E. park plan Mr. Little displayed a detailed drawing illustrating the proposed plans .for the P.G.& E. park which have been drawn by the Planning Department staff and approved by the Parks and Recreation Commission: He requested consideration by the Council of the adoption of this development plan in order to comply with the requirements of P.G.& E. before the lease for the park will be executed. L7 MINUTES - MORRO Regular Meeting Page Eleven BAY CITY COUNCIL August 12, 1969 MOTION: Councilman Donohoo moved that this plan be approved and staff be authorized to proceed with the execution of the lease. The motion was seconded by Councilman Keiser and unanimously carried. C_3 Removal of abandoned vehicles from city streets and private property Mr. Little presented the report and recommendations from the Police Chief concerning the removal of these cars. The recommendations included a contract with Tex's Paint and Body Shop to pick up all vehicles on public streets and private property and hold them for the mandatory 15-day period, for a flat rate of $12.00 per vehicle. A contract with Mighty Motors in Nipomo to pick up vehicles held at Tex's when,a minimum of five unclaimed cars have passed the 15-day period. This pickup would be at no charge to the city. The Police Chief also recommended that the procedure set forth in Ordinance No. 71 be used to recover the administrative costs and removal of vehicles from private property. Mr. Little recommended Council approval of these recommendations in order to begin an immediate clean-up operation on an estimated,150 abandoned vehicles throughout the city. MOTION: Councilman Donohoo moved that staff be authorized to proceed with the recommendations of the Chief of Police. The motion was seconded by Councilman Giannini and unanimously carried. Mr. Little now presented the letter from the Bay-Osos Lions Club relative to Belon Oysters' permit application and asked for comments from Mr. M. J. Davis who was present in the audience. Mr. Davis requested support from the City Council in protesting the application of Belon Oysters for the mooring of barges and placing of oyster rafts in the channel of the bay outside the city limits. The felt that the hearing set for September 2 by the Army Corps of Engineers is•important to this city and feared this case would set a precedent for future applications. He requested a resolution from the City of Morro Bay supporting the position of the San Luis Obispo County Board of Supervisors in opposing this application. Councilman Keiser suggested that staff prepare a resolution stating the city's objection to the hazards caused by the location of rafts and trays of oysters in the channel of the back bay and supporting the Board of Supervisors in their action opposing issuance of a permit to Belon Oyster Company or any other company for the mooring of rafts and the submergence of oyster cages on or about such rafts. The City Administrator and City Attorney drafted a resolution which was read to the Council. RESOLUTION NO. 67-69. RESOLUTION SUPPORTING THE POSITION OF SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS IN OPPOSING THE GRANTING OF A PERMIT BY THE U.S. ARMY CORPS OF ENGINEERS a MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 12, 1969 Page Twelve TO BELON OYSTERS OF CALIFORNIA, INCORPORATED FOR THE MOORING OF 23 OYSTER CULTIVATION RAFTS IN MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA MOTION: Councilman Keiser moved for the adoption of Resolution No. 67-69. The motion was seconded by Councilman Giannini and unanimously carried by roll call vote. The Council agreed to consider item D-1 at this time. D-1 Appeal of Milton G. Ross on denial of tree removal request by Planning Commission Mr. Ross explained that he had purchased this property with the intention of building a home and retiring in Morro Bay. Before building, he had petitioned the Planning Commission for permission to remove four old eucalyptus trees. His request was denied and he subsequently built his home. However, these trees are causing many problems. The trees are continually losing leaves, several times large branches have fallen, and the tree roots are causing cracks in his driveway. He noted he was willing to replace the trees and presented a copy of a petition which had been presented to the Planning Commission at the time of his original request. Mr. Little informed the Council that the cost of the tree removal would be borne by Mr. Ross. MOTION: Councilman Donohoo moved that Mr. Ross be authorized to have these trees removed and replaced with approved trees. The motion was seconded by Councilman Giannini and unanimously carried. C-4 Review of Christmas decorations Samples of the two proposed decorations were displayed at the Recreation Hall for the benefit of the Council and the public. Mr. Little stated that the Council had already approved the project, but must choose which decoration will be used. MOTION: Councilman Donohoo moved that the Christmas Tree decoration be approved as the city decoration on a 3 year lease plan. The motion was seconded by Councilman Giannini and unanimously carried. C-5 Fishing at boat launching ramp Mr. Little explained that, according to Council directive, a letter had been sent to the Wildlife Conservation Board requesting clarification of the portion of the agreement providing for free public fishing access at the boat launching ramp. He read the reply for the benefit of those present, stating that no specific answer was given. Mr. Madden suggested posting the area for no fishing. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 12, 1969 Page Thirteen Councilman Bickford suggested that the city construct a platform structure for fishing purposes. He was informed that this would not be practicable. Mr. Madden suggested a meeting with Mr. Russ Goodrich, Fish and Game Warden, and the posting of any particular area dangerous for fishing, with Mr. Goodrich's permission. Councilman Giannini felt such action was unnecessary, but suggesting posting warnings to fishermen concerning the possible dangers. After further discussion concerning the city's responsibilities in this matter, the following motion was made: MOTION: Councilman Giannini moved that staff meet with Mr. Goodrich and discuss this further and report at the next Council meeting. The motion was seconded by Councilman Donohoo and unanimously carried. C-6 File room addition to City Hall Mr. Little presented a memorandum report and recommendations for the approval of the City Council. MOTION: Councilman Bickford moved that the two bids submitted be rejected and that staff be instructed to re -design this addition and submit alternate methods of con- struction to reduce cost. The motion was seconded by Councilman Donohoo and unanimously carried. NEW BUSINESS D-2 Request of Gaylord Uptegrove for assignment of lease on Lease Sites 87, 88, 87W, and 88W to bpte, Incorporated Mr. Little explained that this request was for the purpose:, of clarification of leasehold interest. Gaylord Uptegrove has consolidated his interests as Upte, Incorporated. He noted the request has been signed by only Gaylord Uptegrove, but the lease is held by Charles and Gaylord. The city has been assured by Mr. Gunther that Charles Uptegrove will sign any assignment papers necessary. Mr. Little requested authorization to prepare necessary resolution for presentation at the next Council meeting. MOTION: Councilman Giannini moved that staff be directed to prepare the necessary resolution for the assignment of this lease. The motion was seconded by Councilman Donohoo and unanimously carried. D-3 Policy on authorization of travel and meetings requests Mr. Little noted that during the budget hearings certain monies were designated to be used by different departments for �J MINUTES - MORRO Regular Meeting Page Fourteen BAY CITY COUNCIL August 12, 1969 travel and meetings expenses. He requested Council authorization to approve travel requests for departments as long as budgeted amounts are not exceeded for any individual or any department. This method would eliminate the necessity of official Council approval for each request. MOTION: Councilman Giannini moved that Mr. Little be authorized to approve travel and meetings requests as suggested. The motion was seconded by Councilman Keiser and unanimously carried. D-4 Request for authorization to advertise for bids for chipsealing various city streets - Select System Project No. 43 Mr. Little requested Council authorization for staff to advertise for bids for this chipsealing project; the bids to be called for after the conclusion: of the operating engineers' strike. MOTION: Councilman Donohoo moved that staff be authorized to advertise for bids on this project at a convenient time. The motion was seconded by Councilman Giannini and unanimously carried. D-5 Re -scheduling or cancellation of Council meeting of September 9 - legal holiday The Council deferred this matter until August 26th. D-6 RESOLUTION NO. 68-69. RESOLUTION GRANTING A USE PERMIT TO MORRO BAY CHAMBER OF COMMERCE TO CONDUCT ANNUAL ROCK-O-RAMA MOTION: Councilman Donohoo moved that Resolution No. 68-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 68-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 68-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. D-7 Approval of Change No. 2 to contract with County for planning services Mr. Little informed the Council that this Change No. 2 was in accordance with the amount budgeted for planning service. He recommended Council approval. MOTION: Councilman Donohoo moved that Change No. 2 be approved for planning services. The motion was seconded by Councilman Bickford and unanimously carried. D-8 RESOLUTION NO. 69-69. RESOLUTION AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 12, 1969 Page Fifteen MOTION: Councilman Donohoo moved that Resolution No. 69-69 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Resolution No. 69-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 69-69. The motion was seconded by Councilman Giannini and unanimously carried by roll call vote. D-9 RESOLUTION NO. 70-69. RESOLUTION SETTING TAX RATE FOR 1969-70 FISCAL YEAR FOR GENERAL FUND AND CAPITAL IMPROVEMENT PURPOSES MOTION: Councilman Bickford moved that the tax rate be set at $1.00 per $100.00 assessed valuation. The motion was seconded by Councilman Donohoo-and unanimously carried. Mayor Mallery noted that the city has $386,000 in uncommitted funds; $100,000 of which should be kept in reserve. He felt the city should commit $286,000 for priorities. He asked that the Council allocate this money proportionately to some of the important priorities. . Councilman Keiser recommended the adoption of a capital improvement plan. MOTION: Councilman Donohoo moved that Resolution No. 70-69 be read by title only. The motion was seconded by Councilman Giannini and unanimously carried. Mr. Little read Resolution No. 70-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 70-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. D-10 RESOLUTION NO. 71-69. RESOLUTION SETTING TAX RATE FOR 1969-70 FISCAL YEAR FOR SEWER BOND REDEMPTION MOTION: Councilman Giannini moved that Resolution No. 71-69 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution No. 71-69 by title only. MOTION: Councilman Giannini moved that Resolution No. 71-69 be adopted. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. ADJOURNMENT MOTION: Councilman Keiser moved The motion was seconded unanimously carried. that the meeting be adjourned. by Councilman Giannini and 41 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 12, 1969 Page Sixteen The meeting was adjourned at 11:36 p.m. Recorded by: M. J. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING July 22, 1969 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call 1. Regular Meeting of July 8, 1969 2. Executive Meeting of July 8, 1969 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator HEARINGS, APPEARANCES, AND REPORTS B-1 Appearance of Audubon Society representatives B-2 Appearance of Valley Decorating Company representatives concerning Christmas decorations B-3 Report on status of settlement negotiations with John Norek UNFINISHED BUSINESS C-1 Policy determination on "Brown" lease C-2 Resolution of intention to abandon a portion of Dunes Street and setting date for hearing C-3 Resolution calling a public hearing to determine whether public necessity, health, safety, or welfare requires the formation of an Underground Utility District C-4 Resolution approving Use Permit and waiving license fee for Morro Bay Moose Lodge C-5 Proposed City Council Chambers C-6 Resolution adopting policy regarding delinquent tidelands lease rentals C-7 Resolution regarding highway safety C-8 Resolution requesting U.S. Army Corps of Engineers to hold public hearings in San Luis Obispo County in connection with the permit application of Belon Oysters NEW BUSINESS D-1 Resolution ratifying amendments to the Joint Powers Agreement for the San Luis Obispo County and Cities Area Planning Coordinating Council D-2 Request for approval of transfer of sublease on Lease Site 136 (Elkins to Ragsdale) D-3 Resolution approving grant of Waterfront Use Permit to Virgil Moores for Lease Site 128 D-4 Review of C. D. Sissel Lease insurance requirements CORRESPONDENCE ADJOURNMENT MINUTES - MORRO BAY Regular Meeting July 22, 1969 7:30 Morro Bay Recreation CITY COUNCIL p.m. Hall Mayor Mallery called the meeting to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Van Eakes gave the invocation. Mayor Mallery noted the city was celebrating its fifth anniversary of incorporation. He introduced members of the former City Council and declared the meeting recessed at 7:35 p.m. for a short ceremony and refreshment's. The meeting was reconvened at 7:59 p.m. ROLL CALL PRESENT: Councilmen Bickford, Mayor Mallery ABSENT: None MINUTES Donohoo, Giannini, Keiser, and The minutes of the regular meeting of July 8, 1969 and the executive session of the same date were considered by the Council. Councilman Keiser asked that her motion recorded on page 5 of the minutes of the regular meeting be amended to include "to 45 miles per hour" between the words "reduction of speed" and "on Highway 1". MOTION: Councilman Donohoo moved that the minutes be approved as amended. The motion was seconded by Councilman Bickford and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council (1) Councilman Keiser stated she had received complaints concerning the lack of a leash law in Morro Bay. She noted that Morro Bay Ordinance No. 20 does provide for a "semi - leash law". Mayor Mallery asked for comments from the audience relative to problems concerning the enforcement of this ordinance. Jack Surfluh noted his dissatisfaction with the services rendered by Woods Animal Shelter. Councilman Bickford noted various complaints he had received relative to the interpretation of "immediate supervision of the owner". He suggested a re-examination of this ordinance by the Council and staff. Councilman Donohoo mentioned incidents logged in the daily Police Bulletin relative to people being bitten by dogs. After further discussion, the Council directed the City Attorney to review this ordinance and present an interpretation and his recommendations to the City Council at a later date. Mr. Madden MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 22,' 1969 Page Two noted the only other alternative to a semi -leash law was a strict leash law which could 'create problems. He recommended serious consideration on the part of the Council before making such a determination. (2) Mayor Mallery noted the poor street conditions in the northern section of Morro Bay. He stated many proposals had been discussed by Council and staff and he felt people in the area would be willing to spend a reasonable amount of money to have the streets improved. However, he noted that serious drainage problems could be created if the 9'h miles of unpaved streets were oiled and chipsealed and no drainage facilities provided. Mayor Mallery suggested a deep penetration double chipseal process with minimum drainage facilities at a cost of approximately $200 to $250' per lot. He felt the city could finance the -project for a short period of time to allow owners to pay the cost of improvements in two installments. He noted the improvements could be completed by the following spring if the program is initiated at this time. MOTION: Councilman Keiser moved that staff make a study and, present recommendations to the Council as to 'what can be done on all unpaved streets in the Del Mar area for $200 to $250 per lot. The motion was seconded by Councilman Donchoo and unanimously carried. (3) Councilman Giannini noted an item in the latest Legislative Bulletin from the League of California Cities entitled "Private Gas and Electric Utilities Sponsor Heavy Tax on Municipally Owned Electric and Gas Utilities". He suggested that the Council members study this item and discuss it at the next meeting. (4) Councilman Giannini also asked that the City Attorney study the proposed topless ordinances AB 61 and AB 524 and advise legislators of his opinion. (5) Mayor Mallery advised the Council that he had been informed by Mr. Nichols, executive officer of P.G.& E., that the utilities commission has reduced the percentageratio of appraisals for public utilities from 35% to 33%. He also noted that the P.G.& E. plant in Morro Bay was not going to be phased out in the future and would not be affected by the Diablo Canyon plant. Mayor Mallery also informed the Council and those present that a drop in the assessed valuation of the county for this yearrwas expected in the amount of $4,000,000 to $5,000,000. A_2 City Attorney Mr. Madden indicated he had nothing to report at this time. However, he would make a report later on in the evening. A-3 City Administrator Mr. Little presented the Expenditure Report for the period July 1 through July 15, 1969 for the approval of the Council. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL July 22, 1969 MOTION: Councilman Donchoo moved that the Expenditure Report for the period July 1 through July 15, 1969 be approved. The motion was seconded by Councilman Bickford and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS B-1 Appearance of Audubon Society representatives Councilman Bickfordintroduced the Educational Chairman of the local chapter of the Audubon Society, Elinor Seelye. Mrs. Seelye introduced Dean Hileman, the youngest member of the local society, explaining that the group was vitally interested in the young people of the area. She presented a brochure showing a map of viewing areas of shore birds including sketches of local birds. These brochures will be available to schools and the state parks as a service to the community. No Council action necessary. B-2 Appearance of Valley Decorating Company representative concerning Christmas decorations Mr. Bob Horner of Valley Decorating Company presented three proposals in different price ranges. Proposal "A" - 10' Shreveport Candles; Proposal "B" - 8'h' Glow-Lite Trees; and Proposal "C" - 6' Scrolls. Mr. Thomas, Planning and Building Superintendent, presented a proposed layout for decorating Morro Bay Boulevard and part of Main Street, requiring 25 poles and 36 decorations. Councilman Keiser expressed a desire to place decorations in the north section of the city. She was informed that it was very difficult to install decorations because of the length of Main Street. Mr. Little noted that the leasing program would be the only system which would allow the city to install adequate decorations since only $2,500 had been budgeted for this project. He also advised the Council that the city crews could do the work of installation and removing the decorations, thus effecting a savings to the city. The Council discussed the possibility of installing two decorations near the intersection of Atascadero Road and Main Street. Discussion was held relative to the difference in price between the trees and the candles. The lease price for the 8'h' trees would be $2,694.13 for the first year and the price for the candles would be $2,455.13. Mr. Horner suggested that a sample of each decoration be installed to allow the Council and citizens to decide which decoration would be most suitable. He noted the final decision should be made by October 1, 1969 in order to allow time for delivery and installation. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 22, 1969 Page Four MOTION: Councilman Donohoo moved that the City Council approve this project with the choice of decorations to be made at a later date. The motion was seconded by Councilman Keiser and unanimously carried. B-3 Report on status of settlement negotiations with John Norek Mr. Madden reported that Mrs. McGurn has now signed the settlement documents in the Pipkin case. He informed the Council that Mr. Norek has given an oral commitment agreeing to sign all documents. Mr. Norek has requested two slight deletions in the standard form Pipkin lease. Mr. Madden presented a resolution approving the form of the lease amendments, stating that John Norek has requested a deletion of paragraphs (i) and (ii) on pages 16 and 1.7 of the basic lease. He noted that re -assignment is conditioned in the event of any default of payments to Norek. The amendment attached to the resolution has been informally reported to the Council previously and was worked out by staff as a result of consultations with John Norek. The amendment provides that if Mr. Norek maintains a shipyard he may have the advantage of lower rental terms. Councilman Giannini inquired if this would apply to all leases. He was informed by Mr. Madden that it would not, but would only apply in this instance, since none of the other plaintiffs had requested such amendments. Mr. Madden also presented a resolution approving the assign- ment of the lease from John Norek to Upte, Incorporated; a sample form of Assignment of Lease and Assumption Agreement; and a standard form Conditional Re -assignment for Security Purposes.. Mayor Mallery questioned the term of this lease. Mr. Madden informed him that the standard Pipkin lease has 'arj50 year term or a 15 year term with reduced rental. This amendment provides another alternative of a 30 year term with one-half the minimum guaranteed rental plus a percentage of the gross. RESOLUTION NO. 56-69. RESOLUTION APPROVING FORM OF LEASE AMENDMENTS MOTION: Councilman Keiser moved that Resolution No. 56-69 be read by title only. The motion was seconded by Councilman Giannini and unanimously carried. Mr. Little read Resolution No. 56-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 56-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. RESOLUTION NO. 57-69. RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM JOHN NOREK TO UPTE, INCORPORATED MINUTES - MORRO BAY'CITY COUNCIL Regular Meeting July 22, 1969 Page Five MOTION: Councilman'Giannini moved that Resolution No. 57-69 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution No. 57-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 57-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. Mr. Madden also reportedthat he was in contact with Mr. Curtis Darling representing Green -West Acres, Incorporated; and he would have a definitive report and recommendation for the next Council meeting. UNFINISHED BUSINESS C-1 Policy determination on "Brown" lease Mr. Little reported that the proposal has been submitted by Mr. Brebes and also a joint proposal by Mr. Brown and Mr. Brebes. Mr. Brebes proposes to purchase -Mr. Brown's interest in the buildings and improvements and to establish an abalone hatchery. Mr. Brebes has requested a 20 year lease and plans to invest an additional $50,000 in this site. Mr. Little recommended that this matter be deferred until the meeting of August 12th in order to give the Council members an opportunity to study Mr. Brebes' proposal and the joint proposal of Brown and Brebes. Councilman Giannini felt this matter should not be deferred, but the Council should make a decision at this time. Mr. Little read the joint proposal for the benefit of the Council members. Councilman Bickford expressed his feeling that the lease should be granted to Mr. Brown, who could then assign it to Mr. Brebes. He felt the city could not negotiate with Mr. Brebes since he does not have a present lease with the city and is only subleasing from Mr. Brown. Mayor Mallery stated he had no objection to the suggestion of Councilman Bickford; however, he felt the city should know Brebes' proposed plans for the expansion of this lease site before granting the lease. He also wanted to know if the present.uses allowed on this site would be sufficient for Mr. Brebes' future plans. MOTION: Councilman Donohoo moved that staff be authorized to negotiate with Mr. Brown for the renewal of this lease. The motion was seconded by Councilman Bickford and unanimously carried. C-2 RESOLUTION NO. 58-69. RESOLUTION OF INTENTION TO ABANDON A PORTION OF DUNES STREET AND SETTING DATE FOR HEARING lJ • MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL July 22, 1969 MOTION: Councilman Donohoo moved that Resolution.No. 58-69 be read by title only. The motion was seconded by Councilman Bickford and carried by voice vote with Councilman Giannini voting "no". Mr. Little read Resolution No. 58-69 by title only. MOTION: Councilman Donohoo moved that Resolution No.'58-69 be adopted. The motion was seconded by Councilman Bickford. Roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Mallery NOES: Councilman Giannini C-3 RESOLUTION NO. 59-69. RESOLUTION CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT MOTION: Councilman Donohoo moved that Resolution No. 59-69 be read by title only. The motion was seconded by Councilman Giannini and unanimously carried. Mr. Little read Resolution No. 59-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 59-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. C-4 RESOLUTION NO. 60-69. RESOLUTION APPROVING USE PERMIT AND WAIVING LICENSE FEE FOR MORRO BAY MOOSE LODGE MOTION: Councilman Donohoo moved that Resolution No. 60-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 60-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 60-69. The motion was seconded by Councilman Giannini and unanimously carried by roll call vote. C-5 Proposed City Council Chambers Mr. Little presented a cost estimate of the proposed addition to the Recreation Hall. MOTION: Councilman Donohoo moved that staff be authorized to proceed with the construction of this addition. Mayor Mallery suggested an amendment to the motion to read that this project be authorized by the City Council and staff be directed to proceed with the project of constructing an addition to the Recreation Hall with final plans to be submitted to the Council members for approval before going to bid. MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL July 22, 1969 The amendment was accepted by Councilman Donohoo. Comments were heard from Mrs. Marge McConaghay relative to holding a public hearing to consider this matter before obligating money for this purpose. Comments were also heard from Jack Youngs and Mrs. Ginsberg in opposition to the construction of this addition. Mrs. Ginsberg suggested that this matter be deferred until results of the questionnaire to be sent to Morro Bay residents are known. Mayor Mallery noted the city is attempting to purchase 24 acres of land on Quintana Road for the purpose of constructing a civic center complex which he felt could cost as much as $1,000,000. This multi -purpose building could be used to serve the needs of the city until this civic center is completed. He noted he had received no comments from the public in opposition to this project. Further comments were heard from Mrs. McConaghay relative to the necessity of having funds to purchase this property for the civic center. She felt the construction of this addition to the Recreation Hall would postpone construction of the future civic center. Councilman Bickford felt this matter should be delayed until notice is received from the State Division of Highways relative to the availability and cost of the state property. He noted he had not changed his position and was still in favor of the project. Councilman Bickford suggested an amendment to the motion to read that no funds be expended for plans or construction on this project until either the next 60 days or until word is received from the state about the availability of this parcel of land, whichever comes first. The amendment was accepted by Councilman Donohoo and Mayor Mallery. Comments were heard from Christina Hayn, Mrs. Schwarzenbach, and Grace Hedges in opposition to the project. Comments were heard from Vernon Crass in favor of the proposed addition. Roll call vote on motion: AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Mallery NOES: Councilman Giannini C-6 RESOLUTION NO. 61-69. RESOLUTION ADOPTING POLICY REGARDING DELINQUENT TIDELANDS LEASE RENTALS MOTION: Councilman Donohoo moved that Resolution No. 61-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 61-69 by title only. • - • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 22, 1969 Page Eight MOTION: Councilman Bickford moved for the adoption of Resolution No. 61-69. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. C-7 RESOLUTION NO. 62-69. RESOLUTION REGARDING HIGHWAY SAFETY MOTION: Councilman Giannini moved that Resolution No. 62-69 be read in its entirety. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 62-69 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 62-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. C-8 RESOLUTION NO. 63-69. RESOLUTION REQUESTING U. S. ARMY CORPS OF ENGINEERS TO HOLD PUBLIC HEARINGS IN SAN LUIS OBISPO COUNTY IN CONNECTION WITH THE PERMIT APPLICATION OF BELON OYSTERS Mr. Little read Resolution No. 63-69 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 63-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. Councilman Giannini requested that a copy of this resolution be sent to the Baywood Park Civic Association and the Baywood Park Chamber of Commerce. NEW BUSINESS D-1 RESOLUTION NO. 64-69. RESOLUTION RATIFYING AMENDMENTS TO THE JOINT POWERS AGREEMENT FOR THE SAN LUIS OBISPO COUNTY AND CITIES AREA PLANNING COORDINATING COUNCIL MOTION: Councilman Donohoo moved that Resolution No. 64-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 64-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 64-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. D-2 Request for approval of transfer of sublease on Lease Site 136 (Elkins to Ragsdale) Mr. Little informed the Council that a request has been received from Mrs. Gilbert C. Crill for a transfer of a sublease on Lease Site 136 from William and Josie Elkins to John A. and Mamie Ragsdale. • i MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL July 22, 1969 MOTION: Councilman Donohoo moved that this request be approved. The motion was seconded by Councilman Giannini and unanimously carried. D-3 RESOLUTION NO. 65-69. RESOLUTION APPROVING GRANT OF WATERFRONT USE PERMIT TO VIRGIL MOORES FOR LEASE SITE 128 MOTION: Councilman Giannini moved that Resolution No. 65-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 65-69 by title only. MOTION: Councilman Giannini moved for the adoption of Resolution No. 65-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. D-4 Review of C. D. Sissel lease insurance requirements Mr. Little informed the Council that this lease had been assigned to Mr. Sissel from Rowell and Turner Steel Construction Company on March 3, 1969. Mr. Sissel was informed by letter of March 27th that it would be necessary to supply the required insurance coverage. A subsequent demand was sent to the lessee on July 1st, indicating that if immediate reply was not received, this matter would be presented to the Council. He recommended that the Council take action in this matter since Mr. Sissel was not complying with the requirements of his lease agreement with the city. MOTION: Councilman Giannini moved that the city notify Mr. Sissel that the lease will be terminated within ten days if proper insurance is not received. The motion was seconded by Councilman Keiser and unanimously carried. CORRESPONDENCE 1. Letter from Mrs. W. J. Howard, 550 Mimosa Street re inter- pretation of Section 11152 of Animal Ordinance. No Council action was taken at this time since the Council had directed the City Attorney to study this ordinance. 2. Letter addressed to the Chamber of Commerce and forwarded to the City Council re lack of camping facilities in Morro Bay. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Bickford and unanimously carried. ADJOURNMENT MOTION: Councilman Giannini moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting was adjourned at 10:37 p.m. erdedbyL�%G'G Carolyn n`L. Wentzell, Deputy City Clerk �J CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING July 8, 1969 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular Meeting of June 24, 1969 2. Adjourned Regular Meeting of July 2, 1969 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator HEARINGS, APPEARANCES, AND REPORTS B-1 Appearance of Maynard Potter, Secretary - Manager, San Luis Obispo County Fair B-2 Appearance of Moose Lodge representatives concerning use of Morro Rock Campground area B-3 Report from Highway Safety Committee B-4 Report on underground of utilities on Embarcadero UNFINISHED BUSINESS C-1 Determination of leasing policy for C-2 Policy determination on "Eytcheson" C-3 Delinquent payments on lease rental C-4 Review of bids on water tank C-5 Temporary campground C-6 Proposed Council Chambers C-7 Appointment of Parks and Recreation NEW BUSINESS D-1 Fishing at boat launching ramp CORRESPONDENCE ADJOURNMENT CALENDAR "Brown" lease lease Commissioner 1. City Council meeting: July 22, 1969 2. Planning Commission meeting: July 15, 1969 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 8, 1969 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Mallery at 7:32 p.m. with the Pledge of Allegiance. The Reverend George R. Woods gave the invocation. ROLL CALL PRESENT: Councilmen Bickford, Mayor Mallery ABSENT: None MINUTES Donohoo, Giannini, Keiser, and The minutes of the regular meeting of June 24, 1969 and the adjourned regular meeting'of.July 2, 1969 were considered by the Council. Mayor Mallery asked if there were any corrections or additions to be made to the minutes. Councilman Bickford requested that his comments recorded on page 1 of the minutes of the adjourned regular meeting of July 2 be changed to include "the area near the State Park"'. Mayor Mallery declared the minutes approved as amended. Mayor Mallery presented the Financial Report for the period July 1, 1968 through June 30, 1969 for the approval of the Council. MOTION: Councilman Donohoo moved that the Financial Report for the period July 1, 1968 through June 30, 1969 be approved. The motion was seconded by Councilman Bickford and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION A=1 City Council (1) Councilman Giannini requested that staff send a letter of commendation to the Morro Bay Art Association and the Estero Bay Gem and Mineral Club for the fine art show and gem show held during the last weekend of June. (2) Councilman Giannini questioned the possibility of placing the position of Mayor on the ballot rather than the present practice of the election of the Mayor by the Council members. Mr. Madden informed him that this matter could be placed on the ballot. (3) Councilman Giannini noted that many fine suggestions had been received from the public during the adjourned regular meeting of July 2. One such suggestion was the appointment of a committee to prepare a questionnaire for presentation to the residents of Morro Bay for the purpose., -.of determining the peoples desires MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 8, 1969 Page Two relative to city government and city development. He noted that the committee had been appointed and was now preparing a proposed quesionnaire for the approval of the Council. (4) Councilman Keiser commented on the beautification needs of the city, noting that many downtown businessmen had not volunteered to pay for tree wells in front of their shops as had been hoped. She felt these trees would be of great aesthetic value to the city and made the following motion: MOTION: Councilman Keiser moved that staff contact the owners along Morro Bay Boulevard and request that they install trees. Councilman Giannini suggested amending the motion to read that if the people do not pay for the installation of trees, the city will plant the trees. The suggested amendment was not accepted by Councilman Keiser. Mayor Mallery noted the importance of any planting being uniform in size and suggested that the city consider planting flowering trees which would provide greater beauty to the downtown area. Mr. Little informed the Council that the costs to the business- men to have trees installed was approximately $22.00 for the tree well. However, he felt it was not the responsibility of the city to request that the businessmen install the trees, since the program was started on a voluntary basis. He suggested that a citizens' committee do the promotion work on this program. Councilman Bickford agreed with a program of beautification, but was not in favor of a compulsory tree planting program. Councilman Giannini felt the city should proceed with a beautification program on Morro Bay Boulevard and also mentioned the problem of the many dead trees on Quintana Road in front of Williams' Brothers Market. Mr. Little informed the Council that $300.00 had been budgeted in the 1969-70 budget for trees; however, this amount is needed for normal tree planting and replacement and to plant trees in front of the state property on Quintana Road and will not be sufficient to replace the trees in front of the shopping center or to proceed with any other beautification plans. Mayor Mallery felt the city would have to plant trees through- out the city if any tree planting program is initiated. He felt such a program should be discussed prior to budget approval next year in order to provide the necessary funds. Councilman Giannini seconded the motion made by Councilman Kieser. Roll call vote: AYES: Councilmen Giannini and Keiser NOES: Councilmen Bickford, Donohoo, and Mayor Mallery MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 8, 1969 Page Three The motion failed to pass. A=2 City Attorney Mr. Madden informed the Council that he had nothing to report at this time. A-3 City Administrator (1) Mr. Little presented the Expenditure Report for the period June 16-30, 1969 for the approval of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for this period. The motion was seconded by Councilman Bickford and unanimously carried. (2) Mr. Little informed the Council that he would be on vacation from July llth until July 21st and the agenda for July 22nd would not be prepared for presentation to the Council until Monday the 21st. (3) Mr. Little informed the,Council that the water wells on the Nagano Ranch which have not been in use for several years may possibly be utilized on a stand-by basis. He requested Council approval for test pumping of the wells to determine the production capabilities of each well and also a second water anaylsis. MOTION: Councilman Giannini moved that authorization be given for the test pumping of these wells in accordance with the recommendation of staff. The motion was seconded by Councilman Donohoo and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS B=1 Appearance of Maynard Potter, Secretary -Manager, San Luis Obispo County Fair Mr. Potter requested Council permission for the installation of two banners within the city advertising the fair, the staging of a re-inactment of the Portola Trek within the city on August 9th, and participation by the city in the Main of San Luis Obispo Contest by the selection of a Maid of Morro Bay to reign during Morro Bay Day at the fair. The fair dates this year are August 13th-17th. MOTION: Councilman Giannini moved that the City Council recommend that the Morro Bay Chamber of Commerce participate in the promotion of the Maid of Morro Bay Contest. The motion was seconded by Councilman Keiser and unanimously carried. The Council indicated their approval of the other requests of Mr. Potter and directed staff to work with him for their implementation. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 8,'1969 Page Four B-2 Appearance of Moose Lodge representatives concerning use of Morro Rock Campground area Mr. Little read the request of the Moose Lodge for permission to use the Morro Rock Campground area during the period from July 29th through August 3rd for the purpose of holding a children's pet zoo, plus several rides for children and teen-agers.' Proceeds would be used for Moose charities. Councilman Donohoo noted his reluctance to allow this use in the area of Morro Rock. Councilmen Keiser and Bickford stated they had no objections. Mr. Charles Bright, Secretary of the Moose Lodge No. 1507, informed the Council that the show would be adequately covered by insurance and that the lodge would guarantee the property would be cleaned properly after the show. Mayor Mallery noted the city's requirement of $100 per day for license fee for circuses and suggested that the Council could waive these fees if they approved this request. MOTION: Councilman Giannini moved that the Council grant this permit and waive the license fee for the Moose Lodge. The motion was seconded by Councilman Keiser. Councilman Donohoo asked that the motion be amended to require a certificate of insurance for this operation. The amendment was accepted by Councilman Giannini and Councilman Keiser and the. -motion was unanimously carried. Mr. Little stated he would present a Use Permit and resolution at the next meeting of the Council. B-3 Report from the Highway Safety Committee Chairman Dale Mitchell reported on the progress made by the committee in their efforts to eliminate hazardous conditions existing at various intersections on Highway 1. He informed the Council that the State Division of Highways has agreed to install a blinking yellow light at Highway 1 and San Jacinto and to repaint the highway markings at each of the intersections. The committee has asked for three-phase signals and speed reduction at this intersection and the Division of Highways has agreed to make a new survey on traffic speed in order to re -determine their position in the matter. The committee requested Council support by a resolution requesting reduction in speed limits in this area. The committee also desires information relative to the number of people who are using or who would use the crossing at San Jacinto if a pedestrian over -crossing was installed. Therefore, the committee also requested Council support by resolution to allow questionnaires to be send out with the water billing. Councilman Giannini noted that the estimated cost of such an over -crossing for pedestrians would be $100,000; of which cost, MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 8, 1969 Page Five one-half would be borne by the city. He was in favor of the speed limit reduction and suggested that staff send a letter to Senator Grunsky and Assemblyman Ketchum and to the Board of Supervisors urging support of the committee's recommendations. He also felt more State Highway Patrolmen and local policemen should patrol this area. Lengthy discussion was held relative to the advisability of reducing the speed limits in this area and also enclosing the proposed questionnaire in the water billing or incorporating the committee's questions in the questionnaire to be sent to all residents concerning city development. MOTION: Councilman Keiser moved that staff prepare a resolution supporting the committee's recommendations for the reduction of speed*on Highway 1 between Highway 41(*to 45mph) and Yerba Buena for a trial period of 6 months. The motion was seconded by Councilman Bickford and unanimously carried. B-4 Report on underground of utilities on Embarcadero Mr. Little reported that a meeting had been held on July 2 with representatives from P.G.& E., Pacific Telephone, and Cable Television to discuss steps to be taken in finalizing the under - grounding of the utilities on the Embarcadero. He informed the Council it would be necessary to pass a resolution ordering a public hearing for this project and requested Council approval for presentation of this resolution at the next meeting. MOTION: Councilman Donohoo moved that staff prepare a resolution ordering a public hearing for the undergrounding of utilities on the Embarcadero for presentation at the next Council meeting. The motion was seconded by Councilman Bickford and unanimously carried. UNFINISHED BUSINESS C=1 Determination of leasing policy for "Brown" lease Mayor Mallery noted that Mr. Brown and Mr. & Mrs. Brebes have requested a two weeks' delay in this determination. He deferred this matter until July 22nd. C-2 Policy determination on "Eytcheson" lease Mr. Little referred to a memorandum to the Council from the City Administrator and City Attorney making the following recommendations: (1) That the zoning in the area be re -studied by the Planning Commission and the Council relative to the on - site parking requirements, (2) Determine whether to negotiate with the present lease holder to establish a firm term on the lease site, or *Corrected by minutes of July 22, 1969 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July.8, 1969 Page Six (3) Take no action in anticipation that the lease will expire on April 1, 1971 if improvements are not constructed during the intervening time. Mr. Little noted.that a request had been received from associates of Mr. Eytcheson for a firm commitment from the city relative to how much time would be granted for amortization for any improvements to be made on the lease site. Mr. Eytcheson stated that he.wanted to proceed with the develop- ment of this property. He noted he would like to re -negotiate the lease at this time and was not concerned with the higher rentals which would be charged according to the Pipkin settlement terms. Councilman Giannini suggested that Mr. Eytcheson submit some plans for Planning Commission approval. Mr. Little recommended that this matter be assigned to the Planning Commission with the request that in the development of the Embarcadero area the installation of all available parking spaces would then relieve these lease sites of the responsibility of providing parking. He noted that the parking question was the most important in the negotiations for a new lease. Mr. Eytcheson questioned the width of the water under a new lease and was informed that the new agreement would include 50' rather than 40' as provided in the existing lease. MOTION: Councilman Keiser moved that the City Council request the Planning Commission to consider the parking plan on the Embarcadero. The motion was seconded by Councilman Donohoo and unanimously carried. C-3 Delinquent payments on lease rental Mr. Little noted that the delinquency involved those persons who have leases with the city who have paid no rental for a considerable period of time and in fact claim they own the property and therefore owe no rental, and those persons who are very late in paying their rent. He noted staff feels that Council should adopt some policy on the procedure for billing and action to be taken in the matter of delinquent rental payments. Mr. Madden made the following recommendations: (1) Rental should be paid semi-annually in advance, (2) Payment dates July 1 and January 1 of each. -,year, (3) Invoices mailed to each tenant 15 days in advance of payment date, (4) Payments not received within 10 days of due date, tenants be notified that 7% per annum interest will be charged, (5) Payments not made within 20 days of due date, tenant be notified that the matter is being reported to Council. After Council action, staff will collect rental or, if so instructed, declare lease forfeited for failure to pay rent. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 8, 1969 Page Seven MOTION: Mayor Mallery moved that this report be adopted in its entirety. The motion was seconded by Councilman Donohoo. Mr. Madden recommended that this policy be adopted in the form of a resolution to indicate its significance. Mayor Mallery amended the motion to read that staff prepare a resolution incorporating these recommendations for presentation at the next meeting. The amendment was accepted by Councilman Donohoo and the motion was unanimously carried by roll call vote. RECESS: 9:09 P.M. RECONVENED: 9:16 p.m. C-4 Review of bids on water tank Mr. Little informed the Council that three bids were received on July 2nd, the lowest bid being in the amount of $86,318.00. This amount is substantially in excess of the engineer's estimate of $65,000.00. He presented an amended cost estimate prepared by Koebig and Koebig, noting that the project would cost the city $144,000.00, including $7,500.00 already budgeted for the installation of a pump and appurtenances at well no. 11. Mr. Keith Tranbarger of Koebig and Koebig informed the Council that the three bids received by the city accurately reflect the current prices of such an installation. He noted that the initial construction cost for the inflatable roof plus the blower installation is approximately $8,000.00. This type of covering is not a new type, but is more economical in operation than the steel roof and has a life expectancy of 15 years. Mayor Mallery noted he had discussed :this project with Chicago Bridge and Iron who would install a tank with a steel dome and a 50 year life expectancy for approximately $60,000.00:. The repainting of this tank would cost between $15,000 and $17,000 and would be necessary every 10-15 years. Discussion was held relative to the differences in cost between the steel dome and the plastic dome. MOTION: Councilman Bickford moved that the City Council accept the low bid of Bovee and Crail Construction Company in the amount of $86,318.00. The motion was seconded by Councilman Keiser. Discussion was held relative to the need for additional water storage facilities and the difference in cost between this size tank and a larger one. Mr. Little presented a resolution accepting the low bid for this project. 0 MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL July 8, 1969 Councilman Bickford withdrew.his motion and Councilman Keiser withdrew her second to the motion. RESOLUTION NO. 55-69. RESOLUTION AWARDING_CONTRACT FOR CONSTRUCTION OF 1.0 M.G. WATER STORAGE TANK Mr. Little read Resolution No. 55-69 in its entirety. MOTION: Councilman Donohoo moved that Resolution No. 55-69 be approved. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. C-5 Temporary campground Mr. Little requested a Council determination relative to the city providing overflow camping facilities. He noted that the health department's minimum requirements for such a facility include one lavatory, one toilet, and one shower for each sex for each 15 camp sites. Councilman Keiser noted her opposition to the campers parking along the ocean side of the Morro Rock Campground during the last three-day weekend. She also felt that the campers -should have to pay the city to use these facilities. Councilman Giannini agreed that the area along Coleman Drive should not be used by campers. He felt a sign should be posted informing campers that the use of these facilities was provided as a courtesy of the City of Morro Bay for three-day weekends only. Mrs. Marge McConaghay commented on the hippie -type people who used these facilities and was opposed to allowing campers to park along the ocean and make it impossible for local people to park there. Mayor Mallery stated that an estimated $10,000 to $12,000 would be necessary to establish an overflow camping area near the P.G.& E. plant. He felt this facility would justify closing the Morro Rock Campground completely since other facilities would be provided. He felt the city should not close the Morro Rock Park without providing some other camping area for overflow purposes. Councilman Donohoo noted that the estimated $10,000 to $12,000 did not provide for the minimum requirements of the health department. This would increase the cost greatly. Neil Moses commented on the possibility of requesting that the state provide more camping facilities in this area. Comments were heard from Mrs. Williams relative to the Council spending money for the promotion of tourism in Morro Bay and then discouraging camping. The Council directed staff to pursue the possibility of more facilities being provided by the state. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 8, 1969 Page Nine' C-6 Proposed Council Chambers MOTION: Councilman Donohoo moved that the Council authorize the proposed Council Chambers as an addition to the present Recreation Building and that staff be authorized to proceed with the necessary plans and procedures to implement this project. 'The financing for this is to be from the reserve fund created for the acquisition of land and buildings. Mr. Little suggested the following amendment: That staff be instructed to proceed with the preparation of plans and cost estimates for consideration by the Council for the construction of the addition to the recreation building to be used for Council Chambers. The amendment was accepted by Councilman Donohoo and the motion was seconded by Councilman Bickford. Councilman Giannini felt this proposed addition was extravagant and no public acclaim had been received for the project. He was very much opposed to the plan. Councilman Keiser noted that this would be a multi -purpose building which could be used by different organizations. She asked that the plans be explained for the benefit of those present. Mr. Little displayed a drawing of the floor plan for the proposed addition and explained the plan in detail. Councilman Donohoo noted that this idea has been under discussion for some time and was not initiated entirely on the part of the Mayor. Mayor Mallery noted that many people have indicated their support of this plan since the city is badly in need of additional space for the meetings of the Council and the Commissions. He stated this project was competent long-range planning and would serve the future recreational needs of the city. Roll call vote on motion: AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Mallery NOES: Councilman Giannini C-7 Appointment of Parks and Recreation Commissioner Mayor Mallery suggested this matter be deferred for consideration until after correspondence and be considered in executive session. Councilman Giannini indicated his opposition to consideration of this appointment in a closed session. MOTION: Councilman Bickford moved that the City Council hold the appointment of the Parks and Recreation Commissioner in executive session. The motion was seconded by Councilman Donohoo and carried by voice vote with Councilman Giannini voting "no". 49 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 8, 1969 Page Ten Mr. Madden stated that executive sessions could be held for discussion of personabilities and qualifications. However, appoint- ments should be held in open session. C-8 Review of bids for construction of file room addition to City Hall (Adder) Mr. Little informed the Council that two bids were received for the construction of the proposed file room addition to City Hall. The low bid was received from E. V. Greenelsh in the amount of $4,217.00. Both bids were substantially in excessoof the amount estimated for the construction of this addition. Mr. Little recommended deferring this matter to give staff time to present possible changes to reduce the construction costs. MOTION: Councilman Donohoo moved that this item be deferred and staff be instructed to present suggested changes in order to reduce the cost of this project. The motion was seconded by Councilman Bickford and unanimously carried. NEW BUSINESS D-1 Fishing at boat launching ramp Mayor Mallery explained the dangerous conditions existing at the boat launching ramp due to people fishing from the ramp. This creates a critical problem with people attempting to move boats from the dock or attempting to moor their boats. He felt this fishing should not be allowed. However, this public fishing is specifically provided in the agreement with the Fish and Game Wildlife Conservation Board. He suggested that staff ask for clarification from the Department of Fish and Game. MOTION: Councilman Donohoo moved that the City Administrator be instructed to contact the State Wildlife Conservation Board for clarification on this matter. The motion was seconde& by Councilman Bickford and unanimously carried. CORRESPONDENCE 1. Information from Alameda County Mayor's Conference re proposed legislation to regulate the filling and construction of facilities on or near San Francisco Bay. 2. Letter from the Morro Bay Local 1855 of the International Association of Fire Fighters. Mr. Madden recommended that formal acknowledgement of this letter and the letter from the I.A.F.F. Staff Representative be made at this time, advising that the matter is receiving study from the City Council. He noted that certain sections of the Government Code and the Labor Code had been referred to in the first letter and asked that this matter be referred to staff for further study and recommendations. MINUTES - MORRO Regular Meeting Page Eleven BAY CITY COUNCIL July 8, 1969 Mayor Mallery instructed staff to do so. 3. Letter from the Corps of Engineers re application of Belon Oysters for the installation of oyster racks in the bay. Councilman Bickford felt the Council should go on record as opposing any such permit without adequate public hearings. Councilman Keiser felt that a resolution should be adopted providing that whenever a mattersinvolves the bay, public hearings be held in the area before a permit is granted. Mayor Mallery instructed staff to draft a resolution to support the position of the county and indicate to the Corps of Engineers that the city will not take another position unless public hearings are held. Councilman Giannini again noted his desire to have a harbor committee to work in this capacity. 4. Letter from the City Planning Director relative to enforcement of the sign ordinance. MOTION: Councilman Giannini moved that staff be instructed to review the signs mentioned by the Planning Director and report back to the Planning Commission. The motion was seconded by Councilman Keiser and unanimously carried. 5. Letter from the League of California Cities expressing congratulations to Mayor Mallery on his appointment as second vice-president of the Channel Counties Division of the League. 6. Information from San Francisco Bay Conservation and Development Commission re filling of San Francisco Bay. MOTION! Councilman Donchoo moved that the correspondence be filed. The motion was seconded by Councilman Bickford and unanimously carried. Councilman Keiser inquired relative to the status of the position of Public Works Director. Mayor Mallery informed the Council that he had reviewed the applications and had found only 4 who were faiily well qualified for the job. Mr. Little noted the major problem involved with hiring for this position was the salary. Most of the applicants are receiving a salary of between $1,200 and $1,500 monthly. Councilman Keiser felt the city should make an effort to try to fill this position. Mr. Little suggested that the Council make a thorough review of the department heads and endeavor to determine the best method of putting a staff together for the city. 46 MINUTES - MORRO Regular Meeting Page Twelve BAY CITY COUNCIL July 8, 1969 Discussion was held relative heads do not have assistants who position. to the fact that the department could step in and fill their Councilman Giannini stated this matter was not pressing and urged that staff draw up a parking ordinance for the city. MOTION: Councilman Giannini moved that the City Council proceed to adopt a parking ordinance for the city at this time. The motion was seconded by Councilman Keiser. Mrs. Marg McConaghay noted the merchants' committee was presently preparing specific recommendations to present to the Council concerning the parking limitations in the downtown area. She asked that this ordinance not be drawn up until these recommendations are presented to the Council for their approval. Councilman Donohoo suggested that any action on this ordinance be delayed until this proposal is submitted. Councilman Keiser withdrew her second to the motion. The motion died for the lack of a second. Councilman Bickford suggested that a committee beappointed to study the staff matters discussed by the Council before Councilman Giannini's statements concerning the parking ordinance. Councilman Giannini disagreed and stated he felt the entire Council should study these matters. He felt that the committee members would present biased opinions to the Council and would influence their decision in the matter. He did not feel that two people should make recommendations to the Council. MOTION: Councilman Bickford moved that a committee be established to work with staff to determine some way to designate the important information of the city to more than one person so that in case of sickness, etc., someone can carry out the missing person',s responsibilities. The motion was seconded by Councilman Donohoo and carried by voice vote with Councilman Giannini voting "no". Mayor Mallery appointed Councilmen Bickford and Donohoo to serve on this committee. A title for the committee will be selected at a later date. MOTION: Councilman Donohoo moved the meeting be adjourned to executive session. The motion was seconded by Councilman Bickford,.and unanimously carried. The meeting adjourned to executive session at 11:10 p.m. and reconvened at 11:15 p.m. The following votes were cast for the appointment of a Parks and Recreation Commissioner: MINUTES - MORRO Regular Meeting Page '.Thirteen BAY CITY COUNCIL July 8, 1969 Louis Domenghini - 3 votes Sid Bennett - 2 votes Mayor Mallery declared Louis Domenghini appointed to the Parks and Recreation Commission and instructed staff to so inform Mr. Domenghini. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Giannini and unanimously carried. The meeting was adjourned at 11:16 p.m. Recorded by: M. J. LITTTLE, City Clerk By: Carolyn L. WentzellL. WentzelllJ 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, July 2, 1969 at 7:30 p.m. in the Conference Room of City Hall, 595 Harbor Street, Morro Bay, California, to consider the following matter: Goals and priorities for the development of the City of Morro Bay DATED: June 27, 1969 WESLEY E. MALLERY, Mayor City of Morro Bay, C ifornia By!/ M. J —LITTLE, City Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting July 2, 1969 7:30 p.m. City Hall Conference Room The meeting was called to order at 7:36 p.m. by Mayor Mallery. ROLL CALL PRESENT: Councilmen Bickford, Donohoo, Giannini, Keiser, and Mayor Mallery ABSENT: None Mayor Mallery stated that this meeting was called for the purpose of discussing goals and priorities for the city. He asked for suggestions from the Council members. Councilman Keiser noted that the city had other needs besides the problem of water and water distribution. She suggested a program of beautification and extending the Embarcadero to connect with Atascadero Road, stating this would be an important improvement in the city. Councilman Giannini agreed that water and water distribution is an essential priority, but felt that beautification was also important and would not be a costly program for the city. He suggested an advisory committee to make recommendations to the Council, a small park in the north part of Morro Bay, a vigorous clean-up program for the city, a first -aid station in the Del Mar area, more restroom facilities on the waterfront, and the re -activation of the Tree Committee. Councilman Donohoo suggested the following priorities for the city: (1) Water and water mains, (2) Street improvements, and (3) Harbor improvements and development. Councilman Bickford felt the city should concentrate on the re -vitalization of the harbor and felt the undeveloped areas. surrounding Morro Rock*and the State Park'irea should not be intruded upon. Councilman Giannini suggested a harbor commission for the Morro Bay - Baywood area to act as an advisory committee to the Council and the County Board of Supervisors on matters of interest to both communities. Councilman Keiser felt that the Council should work more closely with the Board of Supervisors in matters concerning the harbor, such as the oyster racks in the bay. Discussion was held regarding these illegal racks. Mayor Mallery noted the goal outlined in the General Plan to capitalize on the open space concept for Morro Bay. He also read from a 1963 report compiled by a firm of municipal consultants as a result of a questionnaire mailed to all registered voters. The report showed the following priorities in the order listed: Street maintenance, police, traffic control enforcement, street lighting, planning, storm drains, parks and recreation, refuse collection, zoning, and water. Mayor Mallery noted the importance of philosophical goals for the city and asked for comments from the other members of *Corrected by minute order action 7-8-69 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting July 2, 1969 Page Two the Council regarding their feelings in this respect. He expressed the hope that the city would progress normally in the future and keep its beaches and open areas in their natural state, keeping the open space concept and a rural atmosphere. He felt the city should adopt a master plan which is the consensus of the community and is flexible enough to change from year to year. Councilman Giannini felt that something unique should be developed for Morro Bay Boulevard and suggested undergrounding the utilities in this area. Comments were heard from Marge McConaghay relative to the importance of the uptown businesses and parking problems in this area. Discussion was held relative to the parking needs of the uptown business area and the possible solutions to this problem. Councilman Bickford agreed that parking was essential to new retail business ventures, but felt it was not necessarily a complete answer. He stated that many businesses on Morro Bay Boulevard would have to up -grade their services and merchandising in order for better parking to increase their business. Comments were heard from Mrs. Ginsburg concerning parking problems in this area. Mr. Madden suggested that the city consider the undergrounding of utilities in the commercial district as a future goal, and also off-street parking for commercial development, probably exempting the core area where this parking is not feasible. Mr. Little noted that the limited parking signs on the main streets were not enforced since the city has no ordinance providing for these restrictions, and the signs were installed before incorporation. Comments were heard from Jack Youngs relative to the fact that the city needs money since it is run on a three month per year economy. He felt the city should do something to attract year -around payrolls and recommended that the Council contribute to the County Development Association in order to promote light industry in the area. He also felt that the Planning Commission has held back the growth of Morro Bay by not allowing high-rise building and smaller lots for commercial purposes. Lengthy discussion was held relative to these suggestions by Mr. Youngs. Councilman Giannini spoke on the lack of docking facilities in the harbor and suggested sending a questionnaire to the people to find out their desires. Grace Hedges spoke in opposition to the proposed Council Chambers and felt the city should use this money for a future civic center. She agreed that uptown parking was a problem. Mr. Madden suggested that the Council ask for recommendations from the business people before drawing up a parking ordinance for this purpose. He suggested that this be discussed further at the next Council meeting. Discussion was held relative to the advisability of publishing the daily police bulletin in the newspapers. Mr. Madden recommended MINUTES - MORRO BAY CITY Adjourned Regular Meeting Page Three COUNCIL July 2, 1969 that the Council not consider publishing the names of juvenile offenders under the age of 18, especially when the offenses involve morals or narcotics. Mayor Mallery also noted the danger in publishing vacation checks which are logged in the bulletin. Mr. Madden suggested that the proposed questionnaire be discussed at the next meeting of the Council, and if the Council decided to send such a questionnaire, the people should be asked to submit questions. Councilman Keiser suggested appointing a committee to work with the Council on this questionnaire. Mayor Mallery appointed the following committee: Mrs. Ginsburg, Mrs. McConaghay, Jack Youngs, Neil Moses, Grace Hedges, and E. t. Chinery. Mayor Mallery appointed Jack Youngs as temporary chairman until such time as the committee could elect a chairman. Lengthy discussion was held relative to the methods of distributing the questionnaire and the questions to be included in it. MOTION: Councilman Bickford moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting was adjourned at 9:37 p.m. Recorded by: M. J. LITTTLE,` City Clerk By: Carolyn L. Wentzell Deputy City Clerk 0 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING June 24, 1969 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Adjourned Regular Meeting of June 9, 1969 2. Regular Meeting of June 10, 1969 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator UNFINISHED BUSINESS C-1 Determination of leasing policy for "Brown" lease C-2 Use of campground at Morro Rock over July 4th weekend C-3 Resolution approving grant of Waterfront Use Permit to California State Polytechnic College Corinthian Sailing Club C-4 Appointment of Parks and Recreation Commissioner to replace Mrs. Peck NEW BUSINESS D-1 Resolution approving an agreement with Cooperative Personnel Services, California State Personnel Board D-2 Resolution approving agreement with Morro Bay Chamber of Commerce, fiscal year 1969-70 D-3 Resolution approving lease No. DOT-CG12-3417 with U. S. Coast Guard D-4 Delinquent payments on lease rental CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council meetings: July 8 and 22, 1969 2. Planning Commission meetings: July 1 and 15, 1969 MINUTES - MORRO BAY Regular Meeting June 24, 1969 7:30 Morro Bay Recreation CITY COUNCIL p.m. Hall The meeting was called to order at 7:30 p.m. by Mayor Pro Tem Donohoo with the Pledge of Allegiance. Rev. Glenn Hascall gave the invocation. ROLL CALL PRESENT: Councilmen Bickford, Giannini,. Keiser, and Mayor Pro Tem Donohoo ABSENT: Mayor Mallery 1600164*1 The minutes of the adjourned regular meeting of June 9,.1969 and the regular meeting of June 10, 1969 were considered by the Council. MOTION: Councilman Bickford moved that the minutes be approved as written. The motion was seconded by Councilman Keiser. Mr. Little informed the Council that the minutes of June 10, 1969 did not include a list of the Council Standing Committees. He presented each member of the Council with the corrected pages shwoing a complete list of the committees approved by the Council. Councilman Bickford amended his motion to approve the minutes as corrected. The amendment was accepted by Councilman Keiser and the motion was unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION AA1 City Council (1) Councilman Keiser reported on the June 19th meeting of the Economic Opportunity Commission. She noted that the present membership of the commission includes only 1/3 appointed from low income groups; however, the bylaws committee proposes to change this to allow 51% of the membership to be from the low _ . income group. She stated that on July 17th there will be an election of commission officers and prior to that date there will be an election of low income representatives from this area. She noted the importance of this election and advised the public and Council to watch the newspapers for more information. (2) Councilman Keiser inquired when the Council is planning to review the applications for Public Works Director now on file in the City Administrator's office. She was informed that the Mayor intends to review these applications within the near future. A=2 City Attorney (1) Mr. Madden informed the Council that he had prepared a memorandum report concerning delinquent lease rentals. MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL June 24, 1969 (2) Mr. Madden also informed the Council that he had prepared a report and recommendation relative to problems arising relative to a particular lease site and a request for assignment. He asked that this matter be placed on the agenda for the next Council meeting. The Council agreed. A-3 City Administrator (1) Mr. Little presented the Expenditure Reports for the periods May 16-31 and June 1-15, 1969, for the approval of the Council. MOTION: Councilman Keiser moved that the Expenditure Reports covering the periods May 16-31 and June 1-15, 1969 be approved. The motion was seconded by Councilman Bickford and unanimously carried. (2) Mr. Little requested Council approval to proceed with street vacation proceedings in order to effect a re- alignment of the Embarcadero at Dunes Street as a part of the pro- posed improvements. MOTION: Councilman Bickford moved that the City Council authorize staff to proceed with the necessary resolutions for this abandonment. The motion was seconded by Councilman Keiser and unanimously carried. UNFINISHED BUSINESS C'1 Determination of leasing policy for "Brown" lease Mr. Little stated that the lease on the property known as the "Brown" lease expires on June 30, 1969. The Council has extended this lease for a three month period by a Use Permit in order to give Mr. Brown an opportunity to take advantage of summer trade and also to give the Council an opportunity to consider the action to be taken on this lease. He noted the definite termination clause in the present lease and also noted that the Council has received a report from the City Attorney setting forth the various options which could be exercised on this site and recommendations on lease policy. Councilman Giannini questioned Mr. Brown's intentions relative to the sub -lessee on this site, should the city re -negotiate this lease. Mr. Brown stated he had no proposals to present to the Council at this time. He further stated that the Brebes, sub -lessees on this site, were fully aware of the situation when they accepted the sub -lease. Councilman Giannini expressed his concern about the Brebes' investment on this site and asked Mr. Brown if he would raise the rent for the sub -lease if the city granted him a new lease at the increased rental. Mr. Brown stated that the rental for the sub- lease would not be raised over the $200.00 per month. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 24, 1969 Page Three Councilman Bickford noted the Council was trying to set a policy for future matters of this nature. He: also noted his favor of having leases bid with the tenant having ;structures on the lease site being given the right of first refusal in order to protect his investment. Mr. Chet Belknap of Morro Bay Oysters, associates of Mr. & Mrs. Brebes, informed the Council they would prefer to have a contractual agreement directly with the city and would also prefer a longer term lease for this area. Councilman Giannini felt that Mr. Brown and Mr. & Mrs. Brebes should have this lease. He was in favor of splitting the site and letting the tenants use the parking facilities jointly. Mr. Madden stated that the city could postpone a final decision on this matter by extending the Use Permit from three months to a period not to exceed one year. This would give the City Council an opportunity to develop firm leasing policies. He noted the many problems involved in trying to make a determination on this lease and felt the parties should submit a written proposal for Council consideration. Councilman Bickford was not in agreement: with the suggestion to delay determination on this matter. Councilman Giannini was also opposed to this suggestion and recommended that the City Council make a definite determination at the next re.c[ular meeting, after a written proposal is submitted by the parties involved in this lease. Councilman Bickford asked what problems would be involved in granting a lease to Mr. Brown with adequate protection for the sub- lessee concerning rental. Mr. Madden stated that the problems would not be insurmountable and recommended that the Council request a written presentation to the Council for definite consideration at the next meeting. MOTION: Councilman Bickford moved that Mr. Little inform the parties of the action of the Council and the Council take action on this at the next rectular meeting. The motion was seconded by Councilman L annini and unanimously carried. C=2 Use of campground at Morro Rock over July 4th weekend Mr. Little stated that during the Memorial Day weekend, the city had allowed campers to use the area in front of Morro Rock because of the overflow condition. The city is faced with two more three- day holidays this year and Mr. Little recommended that the Council give authorization to permit campers to park in this area during these three-day holidays and not enforce the existing ordinance during these times. Councilman Giannini felt there would be problems in allowing people to use this on some occasions when the park has been officially closed by order of the Council. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting. June 24, 1969 Page Four Councilman Bickford agreed, but did not object to using the area on three-day weekends. Councilman Keiser noted her agreement with the recommendation of the City Administrator, but felt the city should install more restroom facilities and should make some charge for the use of this area. She suggested that this money be used to help pay for the proposed overflow camping area. Mr. Little noted he was not in favor of the suggestion to charge for the use of these facilities because of the additional work of collection and also this would put the'city in competition with private enterprise. He suggested allowing the parking over these weekends and posting the area explaining the reason for allowing campers to use it. MOTION: Councilman Bickford moved that the City Council ease the restrictions on the Fourth of July weekend in order to allow overflow campers to use the area adjacent to Morro Rock and that the city provide toilets to be set up in this area. The motion was seconded by Councilman Keiser. Mayor Pro Tem Donohoo suggested the inclusion of the Labor Day weekend in this motion. Councilman Bickford amended his motion to include the Labor Day weekend. The amendment was accepted by Councilman Keiser and the motion was unanimously carried. C-3 RESOLUTION NO. 51-69. RESOLUTION APPROVING GRANT OF WATERFRONT USE PERMIT TO CALIFORNIA STATE POLYTECHNIC COLLEGE CORINTHIAN SAILING CLUB MOTION: Councilman Giannini moved that Resolution No. 51-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 51-69 by title only. MOTION: Councilman Bickford moved for the adoption of Resolution No. 51-69. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote with Mayor Mallery absent. C-4 Appointment of Parks and Recreation Commissioner Mayor Pro Tem Donohoo asked that this matter be deferred until the next meeting to be considered by the whole Council. The Council members agreed. MINUTES - MORRO Regular Meeting Page Five NEW BUSINESS BAY CITY COUNCIL June 24, 1969 D-1 RESOLUTION NO. 52-69. RESOLUTION APPROVING AN AGREEMENT WITH COOPERATIVE PERSONNEL SERVICES, CALIFORNIA STATE PERSONNEL BOARD MOTION: Councilman Giannini moved that Resolution No. 52-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 52-69 by title only. MOTION: Councilman Bickford moved for the adoption of Resolution No. 52-69. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote with Mayor Mallery absent. D-2 RESOLUTION NO. 53-69. RESOLUTION APPROVING AGREEMENT WITH MORRO BAY CHAMBER OF COMMERCE, FISCAL YEAR 1969-70 MOTION: Councilman Giannini moved that Resolution No. 53-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 53-69 by title only. MOTION: Councilman Bickford moved for the adoption of Resolution No. 53-69. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote with Mayor Mallery absent. D-3 RESOLUTION NO. 54-69. RESOLUTION APPROVING LEASE NO. DOT-CG 2-3 17 WITH U. S. COAST GUARD Mr. Little explained that this lease had been submitted to the city with an incorrect description of the area to be leased. The lease has been corrected and he recommended that the Council grant approval. MOTION: Councilman Keiser moved that Resolution No. 54-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 54-69 by title only. MOTION: Councilman Bickford moved for the adoption of Resolution No. 54-69. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote with Mayor Mallery absent. D-4 Delinquent payments on lease rental Mr. Madden suggested that this matter be placed on the agenda for the next Council meeting in order to give the Council members an opportunity to become familiar with the contents of the memorandum prepared by the City Attorney and City Administrator. E MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL June 24, 1969 Councilman Bickford reported that Mr. Little and the Public Works Committee had done some investigation on the site of the proposed overflow camping area near the P.G.& E. plant. He noted that the area was approximately 3 acres in size and would require some initial land leveling and red rock, restroom facilities, and minimum water facilities. The estimated cost of these improvements would be between $10,000 and $12,000. He stated that the committee had not prepared a recommendation, but he personally felt this land should not be encumbered with this type of installation. He suggested that the city investigate the possibility of using some other area for this purpose. Councilman Keiser inquired if the city has asked the state to open more of their park property for camping purposes. She felt that this possibility should be investigated. The Council directed staff to do so. CORRESPONDENCE 1. Request from Lions Club for Use Permit for annual Gay -Way during Rock-O-Rams and Council permission for sale of beer. MOTION: Councilman Bickford moved that staff be authorized to prepare the Use Permit for the Lions Club to conduct the Gay -Way and that permission be hereby granted for the sale of beer on the premises providing a license is obtained from the Alcoholic Beverage Control. The motion was seconded by Councilman Giannini and unanimously carried. 2. Letter from Senator Donald Grunsky relative to SB 1414. 3. Letter from California Museum of Science and Industry relative to California's 200th Birthday. 4. Letter from Town of Emeryville relative to proposed legislation to extend and increase powers of San Francisco Bay Conservation and Development Commission. 5. Letter from Citizen's Alliance to Save San Francisco Bay. 6. Letter from International Association of Fire Fighters advising that local Fire Department has joined and requesting payroll deductions be made for dues and that the I.A.F.F. be recognized by the City Council. Mr. Madden recommended that action be deferred until a written report could be submitted to the Council by the Attorney and City Administrator at the next meeting. The Council agreed. MOTION: Councilman Keiser moved that the meeting be adjourned to Wednesday, July 2, at 7:30 p.m. in the Conference Room for the purpose of determining goals for development of the city and priorities for implementing these goals. The motion was seconded by Councilman Bickford and unanimously carried. The meeting was adjourned at 8:50 p.m. Recorded by �GZ irJ ce CAROLYN L. WENTZELL, Deputy City Clerk 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING June 10, 1969 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of May 27, 1969 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator HEARINGS, APPEARANCES, AND REPORTS B-1 Report from Water Advisory Committee UNFINISHED BUSINESS C-1 Ordinance adopting final budget for fiscal year 1969-70 C-2 Embarcadero improvement design C-3 Proposed transfer of fireman from Fire Station No. 2 C-4 Authorization to call for water tank bids C-5 Proposed Council Chambers CORRESPONDENCE CALENDAR 1. City Council meeting: June 24, 1969 2. Planning Commission meeting: June 17, 1969 9) MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 10, 1969 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Rev. Perry Pults gave the invocation. ROLL CALL PRESENT: Councilmen Bickford, Mallery ABSENT: None MINUTES Donohoo, Giannini, Keiser, and Mayor The minutes of the regular meeting of May 27, 1969 were considered by the Council. There being no corrections or additions, Mayor Mallery declared the minutes approved as written. INDIVIDUAL DETERMINATION AND/OR ACTION A=1 City Council (1) Councilman Keiser reported on the activities of the committee on bus transportation, under the leadership of the chairman, Leonard Ewing. She noted that a Public Utilities Commission hearing would be held and it would be necessary to secure testimony from the people who would be using the bus service. Further publicity will be forthcoming on this hearing and the activities of the committee. (2) Councilman Keiser noted she had received several inquiries from business people on the waterfront concerning campers using parking lots for overnight camping during the Memorial Day weekend. She asked staff when the restricted parking signs would be installed in this area. Mr. Little informed the Council that these signs would be installed prior to the next three-day weekend. (3) Councilman Giannini reported on the activities of the Highway Safety Committee in their efforts to secure safety devices on Highway No. 1. (4) Councilman Giannini suggested the appointment of a citizens advisory committee by the Council. (5) Mayor Mallery.:noted that Councilman Giannini had suggested the appointment of a committee to re -vitalize Improvement District No. 4. He suggested the appointment of several committees, a committee for each individual area within the boundaries of the proposed district. He also suggested that interested citizens contact either the City Administrator or himself relative to serving on these committees. Councilman Donohoo noted his feeling that the individual citizens should initiate these committees since the city had initiated the district and the citizens of the area had protested so strongly. Councilman Giannini disagreed with the idea of separate committees and felt unless the city initiated this project, it would fail. MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL June 10, 1969 MOTION: Councilman Giannini moved that the City Council appoint a committee from District No. 4 to study road problems in that area. Councilman Keiser suggested amending the motion to include the appointment of this committee at the next regular meeting of the Council. Councilman Giannini accepted the amendment. Further discussion was held relative to appointing separate committees for each area or appointing one committee with represent- atives from each area. Councilman Giannini withdrew his motion. Mayor Mallery stated the Council would not drop this project, but will work with those indicating interest in serving on committees. He stated that the Council would endeavor to have committees working by the next Council meeting. (6) Mayor Mallery submitted a revised list of Council Standing Committees for the approval of the Council. Committees recommended were: Audit & Finance - Donohoo (Ch), Mallery; County Water Resources Advisory - Mallery (Ch), Stuart (Alt); Highway Safety - Bickford, Giannini; League Committee on Aviation Problems - Mallery; Channel Counties Division of League of California Cities - Keiser; League Committee on Tidelands - Bickford; Library - Keiser; Office of Economic Opportunity - Keiser; Public Safety - Mallery (Ch), Donohoo; Public Works - Bickford (Ch), Donohoo; County -Cities Area Planning Council - Donohoo, Bickford; Recreation - Keiser; Water Advisory - Giannini, Mallery, Little, Stuart, Stack, Surfluh (Ch), McConaghay, Youngs, and Moses. Mayor Mallery reviewed the changes made and his proposed consolidation of committees to increase their efficiency. He also noted he had asked staff to assign the areas of responsibility for the various committees. MOTION: Councilman Donohoo moved that this list of Morro Bay City Council Standing Committees be approved and effective as of June 10, 1969. The motion was seconded by Councilman Keiser and carried with Councilman Giannini voting "no". (7) Mayor Mallery noted the many campers in Morro Bay during the three-day weekend. He informed the Council that between 250 and 300 campers had been allowed to remain in the camping area in front of Morro Rock since they had been erroneously informed by State Park Rangers that they were allowed to camp there. He recommended that the Council authorize staff and himself to investigate the possibility of creating a camping area in front of P.G.& E. between the creek and Coleman Park to accommodate an overflow of campers such as was experienced by the city over the Memorial Day holiday. He felt that the revenue accuring to the city would pay for the necessary improvements and stated that this area would only be used in an emergency. He also suggested that the Council might consider letting campers use the area in front of Morro Rock if the additional proposed facilities were inadequate. Councilman Bickford indicated his opposition to using the area in front of Morro Rock for camping purposes. Councilman Donohoo suggested that this proposal be assigned to a Council Standing Committee for study. Mayor Mallery agreed and assigned this matter to the Public Works Committee. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 10, 1969 Page Three Further discussion was held relative to the proposal made by the Mayor. Comments were heard from Mr. Stocking in favor of this proposed overflow camping area. A=2 City Attorney Mr. Madden reported that he was in contact with the attorneys for the State relative to the last of the Pipkin plaintiffs who have not indicated willingness to sign the settlement documents. He informed the Council that this matter was being scheduled for trial and he hoped to have early resolution of this matter through the courts if necessary. He noted that three of the plaintiffs who have not signed are delinquent in their rental to the city and advised the Council that he would present a written recommendation as to how to resolve this matter for the next Council meeting. A-3 City Administrator (1) Mr. Little announced the resignation of Mrs. Francis Peck from the Parks and Recreation Commission because of illness in the family. He recommended that the appointment of a member to this commission be placed on the agenda for the next meeting. The Council agreed and directed staff to do so. (2) Mr. Little presented the Financial Report for the period July 1, 1968 through May 31, 1969 for the approval of the Council. MOTION: Councilman Donohoo moved that the Financial Report for the period July 1, 1968 through May 31, 1969 be approved. The motion was seconded by Councilman Bickford and unanimously carried. (3) Mr. Little announced the meeting of the Channel Counties Division of the League of California Cities to be held in Morro Bay on Saturday, June 21, 1969. He requested Council approval of payment of the expenses for the Council and City Administrator and their wives to attend this meeting. MOTION: Councilman Donohoo moved that the Council members and their wives and the City Administrator and his wife be authorized to attend this meeting, with the city to pay for the expenses. The motion was seconded by Councilman Bickford and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS B-1 Report from Water Advisory Committee Mr. Little reported on the committee meeting held June the 4th, at which time the committee members voted to recommend to the Council that staff enter into negotiations for the lease or purchase of property in the Chorro, Morro, and Toro Creek basins for additional MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 10, 1969 Page Four well sites. The committee also recommended that preliminary investigation be instigated to determine how the much -needed additional water storage facilities can be obtained. MOTION: Councilman Giannini moved that the recommendations of the Water Advisory Committee be accepted by the Council. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little also presented a water cost analysis for a pro- posed well site on Gary Williams' property on Canet Road. He noted that this analysis showed the cost of sub -surface water to be substantially less than that obtained by any other available method. UNFINISHED BUSINESS C-1 ORDINANCE NO. 78. AN ORDINANCE ADOPTING FINAL BUDGET FOR FISCAL YEAR 1969-70 Mr. Little presented the final budget for 1969-70 for the approval of the Council. MOTION: Councilman Donohoo moved that the City Council re- consider Account No. 37, Harbor Department. The motion.was seconded by Councilman Bickford and unanimously carried. Councilman Donohoo informed the Council that he had investigated the matter thoroughly and had concluded that two Harbor Patrolmen were necessary in the Harbor Department. He suggested.that the budget be amended to include these two patrolmen, with the elimination of the position of Senior Harbor Patrolman. Mayor Mallery ruled that in the future no motion will be made until each Councilman has an opportunity to discuss the subject under motion at least once. Councilman Giannini had no objections to adding this patrolman, but recommended the elimination of two policemen from the police force. Councilman Bickford and Keiser agreed with Councilman Donohoo that two Harbor Patrolmen were necessary. Mayor Mallery explained his position in this matter, noting that this move was not made for economy reasons alone, but rather because it was felt that the Harbor Department was performing many services which were not the responsibility of the city. He felt that two men were not necessary to do the work of Harbor Patrolmen and noted that the city was not realizing the full utilization of these employees. Councilman Donohoo agreed that the city was performing work which should be done by private enterprise within the harbor and MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 10, 1969 Page Five suggested that the Council make a determination on the specific duties of these men. Councilman Giannini noted he would not be in favor of adding a Harbor Patrolman unless two policemen were eliminated. Councilman Keiser noted that the city tax rate of $1.00 per $100.00 valuation was a very small charge for the many services provided by the city. She also noted her feeling that the city has a moral obligation to protect the people using the harbor. MOTION: Councilman Donohoo moved that Item No. 1 under Account No. 37 be changed from $13,756 to $21,180; the retire- ment be changed from $894 to $1,299; and the group insurance be changed from $226 to $339; making a total departmental budget for the Harbor of $37,743. The motion was seconded by Councilman Bickford. Discussion was held relative to the prior motion of the Council to sell the 26' harbor boat. Roll call vote on motion: AYES: Councilmen Bickford, Donohoo, and Keiser NOES: Councilman Giannini and Mayor Mallery The motion was carried. MOTION: Councilman Giannini moved that the City Council change the Police Department budget from 14 employees to 12. The motion was seconded by Mayor'Mallery. Roll call vote: AYES: Councilman Giannini and Mayor Mallery NOES: Councilmen Bickford, Donohoo, and Keiser The motion failed to pass. MOTION: Councilman Donohoo moved that the budget be approved as amended for a total of $987,859. The motion was seconded by Councilman Keiser. Roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Mallery NOES: Councilman Giannini The motion was carried. MOTION: Councilman Donohoo moved that Ordinance No. 78 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Ordinance No. 78 by title only. MOTION: Councilman Donohoo moved for the adoption of Ordinance No. 78. The motion was seconded by Councilman Bickford. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 10, 1969 Page Six Roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Mallery NOES: Councilman Giannini The motion was carried. Mayor Mallery expressed his appreciation and that of the Council for the work of staff in preparing the budget for the consideration of the Council. C_2 Embarcadero improvement design Mr. Little recommended Council approval of the regular pay schedule with Garing, Taylor & Associates for the Embarcadero improvements rather than using the curve scale. This would effect a savings for the city. He asked that the Council give approval of this recommendation and direct staff to proceed with the develop- ment of the design plans with Sam Taylor. MOTION: Councilman Donohoo moved that staff be authorized to implement the recommendation of the City Administrator relative to the Embarcadero design plans. The motion was seconded by Councilman Bickford and carried with Councilman Giannini abstaining from voting. C-3 Proposed transfer of fireman from Fire Station No. 2 Mr. Little advised the Council and those present that this proposal is not a closing of Fire Station No. 2, but merely the transfer of the fireman from Station No. 2 to increase the efficiency of all Fire Department operations. He noted that a fire truck would be left at Station No. 2 to be used by volunteer personnel. Mr. Little read the report prepared by Fire Chief Rieger for the benefit of those present. Comments were heard from John E. Mahoney, G. M. Middleton, Laurence Crawford, Allen Boren, Bob McConaghay, Mrs. Ginsburg, Bea Guzik, H. E. Cockran, Art Criddle, and Paul McMahon in opposition to the proposed transfer. After further discussion, Councilman Giannini recommended that this proposal be abandoned. MOTION: Councilman Giannini moved that the City Council abandon Item C-3, Proposed Transfer of Fireman from Fire Station No. 2. The motion was seconded by Councilman Keiser and unanimously carried. RECESS: 9:43 p.m. RECONVENED: 9:52 p.m. C-4 Authorization to call for water tank bids Mr. Little reviewed steps already taken by the city in order to secure additional water storage facilities. He noted that the MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 10, 1969 Page Seven next step was this request for authorization to call for bids. He presented a map showing the location of the proposed one million gallon tank and explained the type of tank to be used. MOTION: Councilman Donohoo moved that staff be authorized to call for bids for this project. The motion was seconded by Councilman Bickford and unanimously carried. C-5 Proposed Council Chambers Mr. Little explained that this proposal would include an addition to the present Recreation building to be used for Council Chambers. When the future civic center is built, this addition would be used as an addition to recreation facilities. Mayor Mallery noted that the city has some $90,000 in reserve for this type of capital improvements. Mr. Little explained that this addition would extend the building by 48' and would permit seats for approximately 72 people in the new Council Chambers. A folding door would allow the old portion of the building to be used also, if necessary. Councilman Giannini did not feel it was necessary to have the recreation building enlarged. Councilman Keiser also noted her feelings that the Council did not need the proposed chambers at this time. Councilman Donohoo noted his approval of this project and stated that this would serve the purpose until such a time as the new civic center is completed. Councilman Bickford agreed that the Council needed better chambers, but was not ready to endorse this project at this time. Mayor Mallery noted the following reasons why he endorsed this proposal: it would not effect the budget since money has been set aside for this purpose; the Council does not have adequate facilities for meetings; the difficulties involved in setting up the chairs and speaker system for each meeting and then removing them from the main room of the Recreation Hall; the new building would provide a small room for executive meetings of the Council; the addition would provide more facilities for recreational purposes; and the new building could be used for meetings of the Planning Commission, the Parks and Recreation Commission, and other city functions. Mrs. Grace Hedges and Mr. Allen Boren spoke in opposition to this proposed plan. No Council action was taken at this time. CORRESPONDENCE 1. Letter from Robert E. Dickey of Cambria Union Elementary School relative to the Recreation Department Track Meet. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 10, 1969 Page Eight 2. Letter from William H. Ober commending the hospitality of the Morro Bay Yacht Club. 3. Letter from W. W. Simmons relative to the litter accumulated on a piece of property on the Embarcadero. 4. Letter from the Morro Bay Chamber of Commerce thanking the Council for allowing the old campground at Morro Rock to be used during the Memorial Day weekend. 5. Letter from Division of Highways relative to the city's proposed acquisition of the Quintana Road maintenance yard. 6. Letter from J. R. Tanner regarding installing a stop sign at Carmel and Pecho Streets. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Bickford and unanimously carried. Councilman Keiser noted that the city had not expressed their appreciation to Pacific Gas & Electric Company for the lease for the park. She suggested that staff be directed to send a letter of appreciation to Mr. Leigh Smith in Salinas. The Council agreed and so directed staff. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Bickford and unanimously carried. The meeting was adjourned at 10:28 p.m. Recorded by: yM. J. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk r1 L L] NOTICE OF ADJOURNED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an Adjourned Regular Meeting on Monday, June 9, 1969, at 3:00 p.m. in the Conference Room of City Hall, 595 Harbor Street, Morro Bay, California, to consider the following matter: Review of harbor leases DATED: May 29, 1969 WESLEY E. MALLERY, Mayor City of Morro Bay, California By: M. LITTLE, City Clerk 0. 11 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting June 9, 1969 3:00 p.m. City Hall Conference Room The meeting was called to order by Mayor Mallery at 3:04 p.m. ROLL CALL PRESENT: Councilmen Bickford, Donohoo, Giannini, Keiser, and Mayor Mallery ABSENT: None Mayor Mallery noted this meeting was called for the purpose of discussing several waterfront leases. 1. CARVER LEASE Mr. Little explained the area involved in this lease covered a total of 14,726 square feet of water. He displayed a map showing the Carver "T" Pier and recommended that the new lease not include the strip of water on both sides of the stem portion of the pier. He noted that the southerly portion of the proposed lease includes 320' of frontage. Councilman Bickford questioned Mr. Carver's proposed plans for the southerly portion of the lease. He noted the large size of this property and questioned the Council's policy on granting large leases. Mr. Madden stated that Mr. Carver has a present lease with an option to renew. This renewal clause was effective 8 years ago for an additional ten years. He noted that Mr. Carver could wait two years and then re -negotiate with the city but felt it would be advisable to clear up this matter now. He described the three different parcels involved in this lease area: (1) The "T" Pier commercial fishing facilities. Mr Madden suggested that this be subject to a separate lease. (2) Parcel No. 2 - From the shore control line north of the pier to the pier. Mr. Madden suggested a longer term lease since Mr. Carver is contemplating constructing a restaurant on this site. He also suggested a minimum guaranteed rental plus a percentage rental appropriate to the usage. (3) Parcel No. 3 - The area south of the pier which is now being used for the mooring of commercial fishing boats. He suggested a shorter term lease for this area. Mr. Madden recommended that the city grant three separate leases with different purposes and different terms. Councilman Bickford felt that all parcels would not be in the same category, but he was not satisfied with the proposed usage for Parcel No. 3. i MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting June 9, 1969 Page Two Mayor Mallery stated that if Laurance Carver was satisfied with this outline, then the city should handle each area separately. Mr. Little suggested the following rental: (1) Parcel No. 1 - 12,411 square feet - $1,489.32 per year (2) Parcel No. 2 - 7,650 -square feet - $858.00 per year (3) Parcel No. 3 - 16,000 square feet - $1,960.00 per year (4) Pier - valuation of $60,000 - $3,600 per year rental Mr. Madden read paragraph 21 on page 7 of the original lease between the State and Carver providing for the renewal periods of ten years each Councilman Bickford noted the possibility of applying repairs on the pier to the rental for the pier. He noted he was not entirely,, in agreement with this plan. Mayor Mallery noted his feeling that the only incentive for this plan was the public usage of the pier. Mr. Madden suggested a committee appointed by the Council to work out the particulars of this lease with Mr. Carver and present recommendations to the Council. Mr. Carver indicated his agreement with the proposed rental for the property. He noted that a minimum of $100,000 would be spent on Parcel No. 2 to construct a restaurant. Discussion was held relative to the height of the buildings the city would allow to be built on this site. The Council agreed to appoint a committee of two Councilmen to meet with Mr. Carver and work out the details of this lease for presentation to the Council for approval. 2. REQUEST OF CAL POLY CORINTHIAN SAILING CLUB FOR EXTENSION OF USE PERMIT Mr. Madden noted that Mr. Carver had been promised a lease for the land across from his upland property. This area is now occupied by the Cal Poly Corinthian Sailing Club under a Use Permit Agreement which expires June 30, 1969. Mr. Carver stated he would be willing to allow the club to remain on this property for a period of six months to a year, if the Council approves. Councilman Giannini stated he had not seen any written agree- ment to the effect that Mr. Carver is to be granted a lease for this property. He felt the land should be put up for public bid. Councilman Bickford noted that plaintiffs were promised certain water rights if the water rights were open in front of their property; however, there was never any idea of dispossessing anyone from a lease site to make it available to any of the Pipkin plaintiffs. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting June 9, 1969 Page Three Mr. Madden read from the original stipulation of March, 1968, providing for this arrangement. Councilman Giannini noted he was not agreeable to any promise of this type. Mayor Mallery noted that under the jurisdiction of the county, there was certain obligation as to public bidding for lease sites, but under the trusteeship of the city, the. obligations were some- what different. Mr. Madden stated that legally a general law city could negotiate; however, he felt it was advisable to put any open lease site up for public bids. Councilman Keiser noted that the Morro Bay Yacht Club was very concerned about this lease because they now use this frontage. Councilman Bickford stated that the Yacht Club had been aware of the obligation on this property in the settlement of the litigation. Mr. Carver noted that he originally intended to lease four sites in this area, and therefore did not have specific plans to present for this one site at this time. Lengthy discussion was held relative to granting this lease to Mr. Carver. MOTION: Councilman Bickford moved that Lease Site No. 5 on Parcel Map MB-68-30 be made available to Mr. Carver under the same terms as the other leases which have been extended under"the Pipkin settlement and that he be requested to prepare plans for his future usage of this site and submit them to the Council within a reasonable time. The motion was seconded by Councilman Donohoo.:_ Roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Mallery NOES: Councilman Giannini Councilman Bickford felt that any Use Permit should be granted on the condition that the Corinthian Sailing Club vacate within 30 days from the date they are notified by the city. MOTION: Councilman Keiser moved that the Corinthian Club be granted a year's Use Permit to extend to June, 1970 to be vacated within 30 days after notice by city. Mr. Madden suggested that the motion read "The Corinthian Sailing Club be granted a Use Permit not to exceed June 30, 1970 and that they vacate at any time upon 30 days prior written notice from city." Councilman Keiser accepted this amendment and the motion was seconded by Councilman Bickford and unanimously carried by roll call vote. 3. BROWN LEASE Mr. Little read a memorandum from the City Attorney relative to the Brown lease site. He also read a recommendation from the MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting June 9, 1969 Page Four City Attorney concerning tidelands lease policies. Mayor Mallery stated that Mr. Brown had indicated that he could not operate the lease sitewith the present uses and the increased rental. Councilman Giannini noted the importance of the shellfish processing plant in the bay. Mr. Madden noted that Mr. Brown had indicated that the shellfish processing business was a dying industry because of mud pollution and various other reasons. He stated that a use could'be determined by the Council for a portion of this lease site and then it could be put up for bid. Councilman Giannini suggested separate short-term leases for this area with joint usage of the parking facilities. Discussion was held relative to the fact that Mr. Brown did not appear before the Council at this time. Councilman Keiser suggested that the city inform Mr. Brown by letter that he would have a choice to either appear before the Council and make his wishes known or have his lease terminated. Mr. Madden suggested the preparation of a memorandum report on the meeting with Mr. Brown prior to this meeting and then request a written proposal or personal appearance before the Council from Mr. Brown. Lengthy discussion was held relative to the termination clause in the Brown lease. MOTION: Councilman Bickford moved that staff prepare additional information and recommendations for consideration'of the Council concerning tidelands lease policies. The motion was seconded by Councilman Keiser and unanimously carried. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman 'Keiser, and unanimously carried. The meeting was adjourned at 5:14 p.m. Recorded by: M. J. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Morro Bay will conduct a public hearing on the adoption of the Preliminary Budget for fiscal year 1969-70 on Tuesday, May 27, 1969 at 7:30 p.m. in the Morro Bay Recreation Hall, Dunes Street and Shasta Avenue, Morro Bay, California. Dated: May 12, 1969 JOSEPH C. GIANNINI, Mayor City of Morro Bay, Cglifornia By C CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING May 27, 1969 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Special meeting of May 9, 1969 2. Regular meeting of May 13, 1969 3. Adjourned Regular meeting of May 20, 1969 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator HEARINGS, APPEARANCES, AND REPORTS B-1 Presentation of Certificate of Appreciation to Clarence Teixeira B-2 Public hearing on adoption of Preliminary Budget for 1969-70 fiscal year UNFINISHED BUSINESS C-1 Resolution adopting salary schedule C-2 Resolution ordering change of grade on Bonita Street, Reno Court, and Elm Avenue between Bonita Street and Pico Street C-3 Review of city's responsibilities on Bonita Street, Elm Avenue, and Reno Court C-4 City boat slips C-5 Selection of engineer for Embarcadero project C-6 Request of Corinthian Sailing Club for Use Permit on Lease Sites 57, 58, 57W, and 58W NEW BUSINESS D-1 Request of Morro Bay Taxi Company for taxistand D-2 Request of U.S. Coast Guard for renewal of Lease No. DOTCG 12-3215 D-3 Renewal of contract with Woods Animal Shelter D-4 Resolution approving quitclaim deed to E. R. Swan and Dorothy Swan . CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council meetings: June 10 and 24, 1969 2. Planning Commission meetings: June 3 and 17, 1969 0 MINUTES - MORRO BAY Regular Meeting May 27, 1969 7:30 p Morro Bay Recreation CITY COUNCIL M. Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Mayor Giannini gave the invocation. ROLL CALL PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini ABSENT: None MINUTES The minutes of the special meeting of May 9, the regular meeting of May 13, and the adjourned regular meeting of May 20, 1969 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman Mallery and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION A_1 City Council (1) Councilman Donohoo submitted a report prepared by the Police and Fire Committee, consisting of Councilmen Donohoo and Bickford. The report answered the various charges made by Mayor Giannini against certain members of the Police Department. It was the conclusion of the committee that Officer Klein has been the victim of a vicious fabrication and no disciplinary action was recommended. Mayor Giannini questioned the supporting evidence for this report. He also read a statement to the effect that the committee did not have sufficient evidence to justify changing his position on this matter. MOTION: Councilman Bickford moved that this report be accepted by the City Council. The motion was seconded by Councilman Keiser. Roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, and Mallery NOES: Mayor Giannini (2) Councilman Bickford read a statement expressing his dis- approval of the actions of the Mayor in his attitude toward the other members of the Council, his accusations against members of the city staff, and his unwillingness to maintain an acceptable degree of order and decorum during Council meeting. MOTION: Councilman Bickford moved that this City Council hereby immediately declare the office of Mayor to be vacant. The motion was seconded by Councilman Keiser. MINUTES - MORRO BAY Regular Meeting May Page Two CITY COUNCIL 27, 1969 Mayor Giannini stated that no proof of these charges was submitted. Councilman Keiser expressed her disapproval of the Mayor's appearance on a Santa Barbara television station, KEY -TV. She read a transcript of the interview for the benefit of the Council and those present. Roll call vote on motion: AYES: Councilmen Bickford, Donohoo, Keiser, and Mallery NOES: Mayor Giahnini Mr. Madden advised that since the office of Mayor has been declared vacant, the Mayor Pro Tem should preside until such time as a new Mayor is elected. Mayor Pro Tem Donohoo assumed the chair and conducted the meeting. Mayor Pro Tem Donohoo nominated Councilman Wesley Mallery to fill the office of Mayor. The nomination was seconded by Councilman Keiser. There were no further nominations. MOTION: Councilman Bickford moved that the nominations be closed. The motion was seconded by Councilman Keiser. Roll call vote on motion: AYES: Councilmen Bickford, Donohoo, and Keiser NOES: None ABSTAINING: Councilmen Giannini and Mallery Mayor Pro Tem Donohoo next called for a vote on the election of a Mayor, there being only one nomination for the office, Councilman Mallery. On roll call vote for Councilman Mallery to fill the office of Mayor, AYES: Councilmen Bickford, Donohoo, and Keiser NOES: None ABSTAINING: Councilmen Giannini and Mallery Mayor Pro Tem Donohoo declared Wesley Mallery elected Mayor of the City of Morro Bay. Mayor Mallery assumed the chair and then conducted the meeting. Councilman Bickford stated that Mr. Little had served the city faithfully and honorably as City Administrator and made the following motion: MOTION: Councilman Bickford moved that this City Council give a vote of confidence and support to Malcolm Little, the City Administrator. The motion was seconded by Council- man Donohoo and unanimously carried by roll call vote. E MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 27, 1969 Page Three Mayor Mallery expressed his appreciation to the Council members for his election as Mayor and expressed his desire to bring peace and harmony to the City Council. (3) Councilman Bickford requested a determination from the City Attorney as to the disposition of the confidential documents in the possession of the Police and Fire Committee secured by the committee in preparing their report relative to the allegations made by then Mayor Giannini against the Police Department. Mr. Madden advised that this information is confidential, but should be available for examination by any members of the Council for city business, and by any law enforcement agency in the conduct of an investigation. He informed the Council that he would review these files and make a further report as to their disposition at a later date. (4) Councilman Giannini suggested the appointment of a committee of citizens for the purpose of re -vitalizing Improvement District No. 4. Councilman Donohoo suggested deferring this appointment until the next regular Council meeting. Councilman Giannini agreed. Mr. Hugh Case inquired relative to the disposition of the Medeiros case. Mr. Little read a letter from the legal firm representing the city which stated that the case has been settled out of court for the sum of $1,000 to avoid any further court costs. He also read a copy of the Release in Full of All Claims signed by Tony Medeiros. A-2 City Attorney Mr. Madden requested that Item C-6, the request of the Corinthian Sailing Club for a Use Permit,be considered at an adjourned regular meeting for the purpose of reviewing tidelands leases. He asked that the representatives from the sailing club be allowed to make their presentation at the time noted on the agenda. He noted there had been discussions regarding tendering a lease for this area to Laurance Carver as a part of the settlement of the Pipkin case. Mr. Madden further informed the Council that there was no commitment embodied in any of the written settlement documents of the Pipkin case, though there was mention of this fact in the correspondence files. Councilman Bickford confirmed the fact that the previous Council had followed a policy whereby unleased land opposite upland owned by Pipkin litigants was offered on a lease basis. Councilman Giannini felt that a lease on this site should be put out for bids and suggested that the sailing club be granted a short term Use Permit until such time as a lease is awarded for this property. • i MINUTES - MORRO BAY Regular Meeting May Page Four CITY COUNCIL 27, 1969 Councilman Bickford noted that when the present Use Permit was granted to the sailing club, it was with the understanding that this land would not be necessarily available after the expiration of the permit. MOTION: Councilman Donohoo moved that consideration of this request be postponed until the adjourned regular meeting to discuss tidelands leases. The motion was seconded by Councilman Bickford and carried by voice vote with Councilman Giannini voting "no". A-3 City Administrator (1) Mr. Little presented the Expenditure Report for the period May 1 - 15, 1969 for the approval of the Council. MOTION: Councilman Donohoo moved that the Expenditure Report for the period May 1 - 15, 1969 be approved. The motion was seconded by Councilman Bickford and unanimously carried. (2) Mr. Little presented Request for Transfer Voucher No. 8-9-33 in the amount of $5,250 for the approval of the Council. MOTION: Councilman Bickford moved that the City Council approve this transfer in the amount of $5,250. The motion was seconded by Councilman Donohoo and unanimously carried. (3) Mr. Little requested Council approval of a proposed billing for the use of a fire hydrant meter at Beach and Main Streets. He explained that the construction company had failed to give the city notice that they were not using the meter, but staff suggested billing only for the period of use. MOTION: Councilman Donohoo moved that this billing be approved as suggested by staff. The motion was seconded by Councilman Giannini and unanimously carried. (4) Mr. Little informed the Council that many of the downtown streets were in need of cleaning. However, the pump on the city water truck usually used in washing the streets is out of order. He asked for a Council determination as to whether this pump should be repaired at an approximate cost of $200, or whether the city crew should sweep the streets. After further discussion, the Council granted tenative approval to the repairs and directed staff to have the city crews begin clean-up by sweeping until such a time as the repairs have been made. HEARINGS, APPEARANCES, AND REPORTS B-1 Presentation of Certificate of Appreciation to Clarence Teixeira Mayor Mallery read City of Morro Bay Resolution No. 47-69 in full and presented a Certificate of Service to Mr. Teixeira for his 26 years MINUTES - MORRO BAY Regular Meeting May Page Five CITY COUNCIL 27, 1969 of faithful and diligent service to the Morro Bay Volunteer Fire Department. B=2 Public hearing on adoption of Preliminary Budget for 1969-70 fiscal year Mr. Little presented the Preliminary Budget and explained each account as it was shown on an overhead projector for the benefit of the audience. Neil Moses commented on the Police Department budget, protesting the $36,000 increase in the budget over the last year. Mayor Mallery noted his opposition to this increase and expressed his feelings that the other members of the Council had not presented any reasonable arguments for their stand in favor of this increase. Councilman Giannini expressed his concern over the possible adoption of AB 374 which would increase police and fire protection costs. Mr. Ludeman, Finance Director, stated that this bill, if adopted, would increase costs to the city by about $24,000 per year plus the increased cost to each individual employee. Further discussion was held relative to AB 374. Jack Youngs also expressed opposition to the increased police budget. MOTION: Councilman Giannini moved that the Police Department personnel be left at twelve. The motion was seconded by Councilman Mallery. Roll call vote: AYES: Councilman Giannini and Mayor Mallery NOES: Councilmen Bickford, Donohoo, and Keiser The motion failed to pass. Mr. Little continued the presentation of the Preliminary Budget. Councilman Bickford expressed his hope that the Council would re -consider the reduction in personnel for the Harbor Department. Roger Case, Commodore of the Morro Bay Yacht Club, indicated his group's concern about this reduction and asked the reasoning behind this decision. Mayor Mallery informed him that the City Council had determined that the Harbor Department was performing many services that are not the responsibility of the city. He cited as an example, towing disabled boats which are not in distress but merely need docking facilities. Councilman Bickford agreed that the towing of boats not in distress was not the responsibility of the city; however, he hoped that the Council would consider this matter in depth. in order to make certain that the Coast Guard will assume these duties. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 27, 1969 Page Six Discussion was held among.the members of the Council relative to the proposed sale of the 26' harbor rescue boat. Mr. Roger Case noted that the city has no laws prohibiting speeding within the harbor and the Harbor Patrolmen have no authority to issue citations to speeders. He suggested future legislation to this effect. Mayor Mallery noted that these conditions do exist, but he felt the city would require a much larger force in order to enforce such laws. Comments were heard from Bill Boehm, Jack Youngs, Mrs. No Christopher, Elvin Urquhart, Mrs. Francis Wysocki, Ontamenia Bell, and Dan Dorn in opposition to the reduction of personnel in the Harbor Department. RECESS: 9:47 p.m. RECONVENED: 9:56 p.m. UNFINISHED BUSINESS C-1 RESOLUTION NO. 48-69. RESOLUTION ADOPTING A SALARY SCHEDULE AND POSITION CLASSIFICATIONS, ASSIGNING CITY EMPLOYEES TO CLASSIFICATIONS AND SALARY STEPS WITHIN THE RESPECTIVE RANGES OF THE SALARY SCHEDULE, DESCRIBING METHODS OF ADVANCEMENT, AND REPEALING PREVIOUS SALARY RESOLUTIONS MOTION: Councilman Bickford moved that.Resolution No. 48-69 be read by title only. The motion was seconded by Council- man Donohoo and unanimously carried. Mr. Little read Resolution No. 48-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 48-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call,vote. C-2 RESOLUTION NO. 49-69. RESOLUTION ORDERING CHANGE OF GRADE ON BONITA STREET, RENO COURT, AND ELM AVENUE BETWEEN BONITA STREET AND PICO STREET MOTION: Councilman Bickford moved that Resolution No. 49-69 be read by title only. The motion was seconded,by Councilman Donohoo and unanimously carried. . Mr. Little read Resolution No. 49-69 by title only. MOTION: Councilman Bickford moved that Resolution No. 49-69 be adopted. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. 6 Is MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 27, 1969 Page Seven C-3 Review of city's responsibilities on Elm Avenue, Bonita Street, and Reno Court Mr. Little presented the estimated costs to the city to perform the necessary street work in this area after the curbs and gutters are installed by the property owners. The city's cost in this pro- ject will be approximately $40,000. However, Mr. Little noted that the city will have a hold -over amount of $21,000 from the 1968-69 budget and could defer the proposed improvements on the south side of Beach Street, which would give the city sufficient funds to complete the Elm Avenue project. Councilman Bickford noted that the city had approved the petition initiated by the property owners in this area for curbs and gutters and now should complete the project by paying its share of the costs. The other Council members agreed. MOTION: Councilman Keiser moved that the City Council defer the Beach Street project for another year. The motion was seconded by Councilman Bickford and unanimously carried. C-4 City boat slips Mr. Little presented a map showing the area of the city -owned boat slips near the boat launching ramp. He informed the Council that he had received a request from the Golden Tee to lease these boat slips. He noted that the parking facilities for the slips north of the boat launching ramp are adequate. The Council agreed to defer this matter back to staff to negotiate with the Golden Tee representatives and present a definite proposal to the Council at a later date. Councilman Giannini noted his approval of granting this lease to private enterprise since harbor facilities are urgently needed for Morro Bay. Councilman Bickford noted the possibility that the city would be required to put this lease out for bids. C-5 Selection of engineer for Embarcadero project Mr. Little stated that the Council has received two proposals for the engineering work on this project and the matter was deferred to this date to give the Council members an opportunity to study both proposals in depth. Councilman Keiser noted that the firm of Garing, Taylor and Associates has already done some work on this project and she felt they should be awarded the contract. Councilman Bickford noted the similarity in the two proposals but felt that Garing, Taylor and Associates was most familiar with the city's problems on the waterfront and therefore should be chosen for this project. Councilman Donohoo agreed. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 27, 1969 Page Eight Councilman Giannini informed the Council that he was abstaining from voting on this matter since he was opposed to the installation of these improvements. He further stated that he and Mr. Neil Moses had consulted an attorney and contemplated bringing an injunction against the city to stop this project. He therefore noted that he. would abstain because of a possible conflict of interest. Further discussion was held relative to the harbor improvements. Mayor Mallery stated that a contract has been made for this project and any difference of opinion on the Council must not inter- fere with the city's obligation. He noted that if these improvements are not installed, the city will again be involved in litigation. MOTION: Councilman Bickford moved that the City Council select the firm of Garing, Taylor and Associates for this project. The motion was seconded by Councilman-Doriohoo: and carried by roll call vote with Councilman Giannini abstaining from voting. C-6 Request of Corinthian Sailing Club for Use Permit on Lease Sites 57, 58, 57W, and 58W Paul Seager, Commodore of the Corinthian Sailing Club, noted when his club was granted a short-term Use Permit for this area he was under the impression that a renewal of the permit could be requested upon its expiration. He requested that the Council renew this permit until a lease is granted for this property. After further discussion, the Council directed the City Attorney to further explore this possibility and report back at the next adjourned regular meeting on waterfront leases. NEW BUSINESS D-1 Request of Morro Bay Taxi Company for taxi stand Mr. Little presented the request of the Taxi Company and asked for a Council determination. MOTION: Councilman Donohoo.moved that this request be granted. The motion was seconded by Councilman Bickford and unanimously carried. D-2 Request of U. S. Coast Guard for renewal of Lease No. DOTCGI2-3215 Mr. Little informed the Council that this was the standard yearly renewal of the lease for the storage building near the city pier:. MOTION: Councilman Bickford moved that this request be approved for Lease No. DOTCGI2-3215. The motion was seconded by Councilman Keiser and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 27, 1969 Page Nine D-3 Renewal of contract with Woods Animal Shelter MOTION: Councilman Donohoo moved for the approval of this contract and its execution by the Mayor and City Clerk. The motion was seconded by Councilman Bickford and unanimously carried. D-4 RESOLUTION NO. 50-69. RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM TO SURPLUS EASEMENT MOTION: Councilman Donohoo moved that Resolution No. 50-69 be read by title only. The motion was seconded by Council- man Keiser and unanimously carried. Mr. Little read Resolution No. 50-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 50-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. CORRESPONDENCE 1. Letter from Harold Anderson commending the efficiency of the Morro Bay Fire Department. 2. Letter from the Golden Tee re Police and Fire Departments and Harbor Patrol. 3. Petition circulated by Eve Makagon commending the Morro Bay Police Department. 4. Letter from Eve Makagon relative to the necessity of an adequate police force in this city. 5. Letter commending Police Department from Agnes McConnell. 6. Letter from Mrs. Grace Basquez commending Police Department. 7. Letter from Stanley A. Humphrey of Cambria Air Force Station commending Police Department. 8. Letter from Walt L-Heureux commending the Police Department. 9. Letter from Mr. & Mrs. Charles Price commending the Police Department. 10. Letter from Mrs. Marjorie McConaghay relative to a statement she made at a recent Council meeting. 11. Request for funds from San Luis Obispo County Symphony Association. The Council discussed this request and agreed that individual members of the Council could donate to this organization, but the city would not contribute. MINUTES -MORRO BAY CITY COUNCIL Regular Meeting May 27, 1969 Page Ten 12. Letter and resolution from Town of Emeryville relative to supporting legislation protecting home rule. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Keiser and unanimously carried. ADJOURNMENT MOTION: Councilman Bickford moved that the meeting be adjourned to 3:00 p.m. on -Monday, June 9th, at City Hall Conference Room to discuss the Brown and Carver leases and the request of the Corinthian Sailing Club request. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting was adjourned at 10:53 p.m. Recorded by: M. J. LITTTLE,_ l7Ciiity Clerk By: Carolyn L. Wentzell 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 Tuesday, May 20, 1969, at 7:30 p.m. in the Conference Room at City Hall,.595 Harbor Street, Morro Bay, California, to consider the following matter: Review of harbor leases DATED: May 14, 1969 JOSEPH C. GIANNINI, Mayor City of Morro Bay, Ca}ifornia By/ % . MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting May 20, 1969 7:30 p.m. City Hall Conference Room The meeting was called to order at 7:36 p.m. by Mayor Giannini. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, Mallery, and Mayor Giannini ABSENT: Councilman Bickford Mayor Giannini stated that this meeting was called for the purpose of reviewing certain harbor leases. Mr. Little requested Council consideration of two additional matters. The Council members approved the request. 1. RESOLUTION NO. 46-69. RESOLUTION AUTHORIZING ACCEPTANCE OF AN EASEMENT FROM AND THE GRANTING OF A QUITCLAIM FOR A PORTION OF AN EASEMENT TO THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION MOTION: Councilman Donohoo moved that Resolution No. 46-69 be read by title only. The motion was seconded by Council- man Keiser and unanimously carried. Mr. Little read Resolution No. 46-69 by title only. MOTION: Councilman Donohoo moved that Resolution No. 46-69 be adopted. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote with Council- man Bickford absent. 2. RESOLUTION NO. 47-69. RESOLUTION AWARDING CERTIFICATE OF SERVICE TO CLARENCE N. TEIXEIRA FOR FAITHFUL AND DILIGENT SERVICE TO THE MORRO BAY VOLUNTEER FIRE DEPARTMENT Mr. Little explained that Clarence Teixeira is retiring from the Volunteer Fire Department after 26 years of dedicated service. He presented the Certificate of Service to be awarded to Mr. Teixeira. COUNCILMAN BICKFORD IS NOW PRESENT. MOTION: Councilman Donohoo moved that Resolution No. 47-69 be read by title only. The motion was seconded by Council- man Keiser and unanimously carried. Mr. Little read Resolution No. 47-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 47-69. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. 3. Review of harbor leases MINUTES - MORRO BAY CITY'COUNCIL Adjourned Regular Meeting May 20, 1969 Page Two Carver - Lease Sites 106W - 112W Mr. Madden noted that he was in possession of the.District Attorney's file on the Carver lease. He reviewed the basic pro- visions of the lease for the benefit of the Council and noted the controversy which arose in 1960 and 1961 which had never been settled. He felt that since the 10 year renewal period had only a few months to run, the Council should review the lease, revise the area to be leased, make the rental realistic, and negotiate with Mr. Carver for a new lease. He presented a memorandum out- lining suggested leasing policies. Mr. Little displayed a map showing the Carver pier. He noted that Laurance Carver and staff had discussed leasing a 20' strip of water surrounding the pier and a strip of water 40' wide along the shore 153' north of the pier and approximately.400' south of the pier. Mr. Carver noted that he planned to develop the north side of the pier with a fish and chip eating place, a fish. market, and a gift shop. However, these plans cannot be carried out until a lease is negotiated with the city. He also indicated he would like a 507year lease. Mayor Giannini noted that Mr. Carver has maintained this pier at a cost 6f approximately $30,000 during the past few years. He felt the Council should keep this fact in mind in making a deter- mination on this lease. Between $3,500 and $5,000 i S spent by Mr. Carver annually in maintaining this facility. Mayor Giannini also noted that this pier has been a great asset to the community since it is available to the public free of charge. Mr. Little noted that consideration will have to be given to the 40' width of water lease along the shore line since it probably would not be wide enough to accommodate floating docks and boats. He stated that this usage would probably require a 50' width. Mayor Giannini noted his feelings that a flat fee should be charged plus a percentage of the gross profits for this lease. Mr. Little stated that with a 50'wide area along theshore line, the water area would be approximately 43,580 square feet. At $2.00 per square foot, the valuation of the water would be $87,160. Based on a rental figure of 6%, the rental would be slightly in excess of $5,200 per year. Mr. Madden suggested that the Council consider the utility advantages to the harbor by having this pier maintained. He also suggested that strong covenants with the tenant to maintain the pier be made rather than any rental on the pier as it now exists. Councilman Bickford felt the City Council should decide what the policy is going to be for renewing leases. He noted previous MINUTES - MORRO BAY CITY Adjourned Regular Meeting Page Three COUNCIL May 20, 1969 criticism from Mayor Giannini relative to the city granting leases without competitive bidding. Mayor Giannini stated his feeling that where there is an existing lease with existing structures, the previous lessee should have the first option to negotiate the lease directly with the city, but new leases should be put out to bid. He also felt that each individual lease should have special consideration. He suggested that after the issuance of a lease, the lessee should be required;° to install certain improvements to make the lease valid. Councilman Bickford noted that a few months ago the Council had been informed by the State Lands Commission that the city must put all leases out for bid. Mr. Madden stated that the state's policy was competitive bidding and the county must also use this method. However, the city has more latitude than the county in this regard. He stated he would like to see the Council develop a general leasing policy before settling on the specific issues. Discussion was held relative to the proposed development of this lease site. Councilman Mallery noted that the city had negotiated a lease with Morro Dunes which could be pertinent in this instance. Mayor Giannini stated he would like to see the lower portion of this area left open for sport fishing boats. Councilman Mallery felt the Council should formulate general overall policies before negotiating individual leases. Councilman Bickford felt it was proper'to negotiate a lease with Laurence Carver without bidding as long as it is legal to use this method. However, he questioned the granting of a lease on the southern portion of the site without definite development plans. Mr. Carver informed the Council that he planned to use the lower portion for sportfishing boats. Councilman Mallery suggested that the city ascertain the regular rental fees for the pier and have Mr. Carver present an annual report on the cost of maintenance of the pier. If the maintenance costs were less than the rental, Mr. Carver would pay the city the difference; and if the maintenance costs were more, it could be applied to the rent for the next year. Discussion was held relative to the method to be used for the escalation of the rental on this lease site. The Council members agreed to set re-evaluation for every 5 years rather than every 3 years. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting May 20, 1969 Page Four Brown - Lease Sites 78 - 81 and 78W - 81W Mr. Little displayed a map showing the area and explained the structures located on these lease sites. He noted that the area under sub -lease to Brebes was approximately 37' x 50' in size, plus the adjacent water area. He noted the problem involved on this lease site becuase of the separate ownership of the structures. Mayor Giannini noted the residential use and felt this should be phased out gradually. He also felt the Council should stop the problem of trafficking in leases. Councilman Mallery expressed a desire to know all the facts in this case before making a decision. Mrs. Brebes asked if the city will divide the lease or leave it in one large lease site. Mr. Madden stated that the city could separate this lease, but felt it would be wise to study this matter in depth before deter- mining how to proceed. The Council members were in agreement that the residential use on this property must be eliminated. Councilman Mallery was concerned about the problem of parking if this area should be separated into two separate leases. Mayor Giannini felt the oyster business was an important and necessary industry on the waterfront and if there was some assurance from Mr. Brown that the rental would be fair and equitable, he would have no objections to leaving the lease site intact. If this arrangement with Mr. Brown is not possible, he felt the lease should be divided. Mr. Madden suggested that if the Council so desired, a lease could be negotiated with Mr. Brown with a stipulation that a satisfactory sub -lease agreement be made with Mr. and Mrs. Brebes. However, he felt it would be more advantageous for a smaller group to negotiate this lease and then present a recommendation to the Council at a later date. The Council members, after lengthy discussion, agreed to schedule another study session to consider this matter in depth. Green -West Acres - Lease Site.300 Mr. Madden made a brief report to the Council on the status of this lease and informed them that he would have a further report to present at the regular meeting of June loth. RECESS: 10:20 p.m. RECONVENED: 10:25 p.m. • 0 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting May 20, 1969 Page Five Norek - Lease Sites 89 and 89W Mr. Little advised the Council that staff has been attempting to secure Mr. Norek's signature on the settlement documents for the Pipkin case. However, Mr. Norek refuses to sign these papers. Mr. Norek does have an interested buyer for his lease, but refuses to keep any interest in the lease. He has requested that the city purchase the lease and immediately sell it to Mr. Uptegrove. This way, Mr. Norek would not be involved in case of default. Councilman Mallery expressed his opposition to the city purchasing this property. Councilman Bickford questioned the selling price of $100,000 for this property and noted that Mr. Norek was one of the original plaintiffs in the Pipkin case. He stated he would like a chance to investigate the value of the land before making a decision on any kind of a purchase. However, he noted that his initial reaction was that the city should not assume this purchase since this would set a precedent. Councilman Mallery felt that if the city agrees to purchase this lease site to avoid further litigation, it will also be necessary to purchase Mr. Baynham's lease for the same reason. The Council agreed to study this matter further at the next study session. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by'Council= man Bickford and unanimously carried. The meeting was adjourned at 10:47 p.m. Recorded by: M. J. LITTLE, CityClerk zei-6dz00C-GYM[ rZe By: Carolyn L. Wentzell Deputy City Clerk 10 It CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING May 13, 1969 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of April 22, 1969 2. Special meeting of April 25, 1969 3. Special meeting of April 28, 1969 4. Special meeting of May 2, 1969. 5. Executive session of May 2, 1969 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator HEARINGS, APPEARANCES, AND REPORTS B-1 Appearance of Neil Moses re The Budget vs. Campaign Promises UNFINISHED BUSINESS C-1 Review of Morro Bay Yacht Club Use Permit Agreement for Lease Sites 59, 60, 59W, and 60W C-2 Request of Morro Dunes Resort Campground for Use Permit for trailer storage site C-3 Lease for P.G.& E. Park C-4 Compensation for Planning Commissioners C-5 Offer of Mr. & Mrs. Gary Williams for lease of water well sites C-6 Report on engineering proposals for Embarcadero improvements C-7 Report on entrance channel shoaling conditions C-8 Resolution accepting work and directing City Clerk to record Notice of Completion (Assessment District No. 5) C-9 City Council action on salary proposal NEW BUSINESS D-1 Flood damage claims D-2 Review of proposed fire station consolidation CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council meeting: May 27, 1969 2. Planning Commission meeting: May 20, 1969 • 46 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 13, 1969 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 Giannini gave the invocation. ROLL CALL PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini ABSENT: None MINUTES The minutes of the regular meeting of April 22, the special meetings of April 25, 28,'and May 2, and the executive session of May 2, 1969 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman Mallery and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION A_1 City Council (1) Councilman Keiser reported on the status of efforts to establish transportation facilities for the coastal area. She noted the suggestion of Senator Grunsky that the City Council adopt a resolution requesting specific service from Greyhound for the area. If this method fails, the Council may file a formal complaint which would be heard by the Public Utilities Commission. She informed the Council that a meeting will be held at the Grass Roots Center on Wednesday, May 14, 1969, at which time a represent- ative of the Public Utilities Commission will be in attendance. MOTION: Councilman Keiser moved that the Council direct staff to prepare the necessary resolution requesting specific service from Greyhound. The motion was seconded by Councilman Bickford and unanimously carried. (2) Councilman Donohoo brought to the attention of the Council Senate Bill 1414 which would impose on cities' minimum wages, hours, and vacation standards for city policemen. He noted this would strike at home rule by imposing mandatory costs on local governments. This bill will be heard by the Senate Committee on Local Government on May 19th. Councilman Donohoo stated he would like to see the city's membership in the California Police Officer's Association discontinued if this organization continues to support this type of legislation. Councilman Mallery directed statements to the audience relative to this bill and also Assembly Bill 374, both of which would be MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 13, 1969 Page Two harmful to the city's tax rate. He noted the danger in these bills because they preempt home rule and he urged the public to voice their opposition since the taxpayers will be effected. MOTION: Councilman Keiser moved that a resolution be prepared expressing opposition to Senate Bill 1414. The motion was seconded by Councilman Mallery and unanimously carried. After further discussion the Council agreed to change the motion and direct the City Administrator to send letters expressing the city's opposition because of the urgency of the situation. (3) Mayor Giannini stated that the Council had voted previously to appoint certain committees. He made the following appointments: Public Works Committee - Councilmen Keiser and Donohoo Audit & Finance Committee - Councilmen Bickford and Mallery Fire & Police Committee - Councilmen Bickford and Donohoo The Council members informed the Mayor that the original motion had included only the appointment of a Public Works Committee and a Police and Fire Committee. This would make a total of three committees; however, the Audit & Finance Committee has been appointed previously and is a standing committee. The Mayor stated this was not his understanding, but he would investigate before making the appointments definite. (4) Mayor Giannini requested that the Council adjourn this meeting to another date for the purpose of reviewing the Norek, Brown, and Carver waterfront leases. He suggested Tuesday, May 20th as a possible date. The Council members agreed. (5) Mayor Giannini requested that a letter of commendation be sent to the Future Farmers of America for their fine display of sportsmanship on May loth. Staff was directed to contact the local chapter of the F. F. A. for more information. (6) Mayor Giannini read a prepared statement relative to the actions of the local police department, and in particular, Officer Klein. He noted the adoption by the Council of directives which were to be issued to the Police Department and questioned if this officer had been informed of these directives. He also read a statement submitted by Phil Lewis relative to an incident which took place on May 5th when Mr. Lewis was attempting to hitchhike a ride home to San Luis Obispo after work. According to Mr. Lewis, Officer Klein stopped him, used abusive language, and finally threatened his life if he should attempt to hitchhike again. Mayor Giannini also read a statement from David and Faye Howard relative to abusive treatment allegedly received from Officer Klein. He stated his feeling that Chief Holeman has condoned this type of treatment and has participated in it. Mayor Giannini asked for the resignation ri MINUTES - MORRO BAY Regular Meeting May Page Three CITY COUNCIL 13, 1969 of Chief Holeman, Sergeant Schacht, and Officer Klein. He also noted his feeling that the press has not printed the entire story as he has presented it at previous meetings. Hugh Case requested a copy of these statements and stated he would have them printed in the newspaper. Councilman Keiser asked why the Mayor had not asked Chief Holeman to be present to answer these accusations. Councilman Bickford suggested that the Council continue the meeting since the Council members were not informed of these matters and are not in a position to debate them at this time. Neil Moses noted a "report issued from the courthouse last year" which stated a Morro Bay Policeman was in the courthouse literally bragging that "we have four Councilmen and we don't have to worry about a thing": Councilman Bickford noted his intentions to investigate this matter before either agreeing or disagreeing with Mayor Giannini. Councilman Donchoo agreed with Councilman Bickford and noted he would be glad to check on any of these allegations. He stated he wanted to know both sides of the question before making a decision. Councilman Mallery noted that the State Compensation Appeals Board had granted Marsden $2,200 as a result of his original injury. He noted the Mayor's statement that a conspiracy was involved in this police matter. Councilman Mallery agreed that there was a conspiracy, but noted his feeling that,the conspiracy involved one Councilman and the people making these allegations. He stated that the police force does not have any undue influence on him and noted that the he.�was aware of the incident reported by Mrs. McConaghay and the police officer involved was not, at fault. He stated that the city was receiving good service from the Police Department and asked if the Mayor would accept the word of the police officer in question since he was so willing to accept the word of the complaining citizens. Mayor Giannini asked that the Council hold a personnel hearing with Officer Klein present to answer these charges. Councilman Keiser stated she was not being controlled by the Police Department and informed the Council that she has received numerous calls from people commending the fine work of the depart- ment. Mr. Jack Jennings commented on the actions of the Council con- cerning the elimination of the position of senior harbor patrolman, the controversy in the Police Department, the possibility of eliminating employees in the Fire Department, and other changes in personnel effected during the first part of the term of the new Council. He asked the Council members what they were attempting to accomplish. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 13,'1969 Page Four Mayor Giannini stated that it was his responsibility to act on behalf of the taxpayers and make these matters public. Councilman Mallery noted his disagreement with the Mayor's statement that the other members of the Council were not communicating with the people. He stated that he does not receive the same complaints that the Mayor does, but he does have good communications with the taxpayers. Councilman Keiser expressed her hopes that the people who have expressed their appreciation for the fine services of the police will attend these meetings and made their opinions known publicly. Mayor Giannini stated that he did not feel that the entire police force was at fault, but he could not ignore these complaints. Mr. Leroy Jones expressed his opposition to the Council's elimination of one harbor patrolman. His conclusion was that there was so much time being spent by the Council in trying to undo the work of the previous Council that the important issues were being ignored. Councilman Donohoo suggested that the Council continue with the business to be discussed on the agenda. The Council agreed. A_2 City Attorney Mr. Madden reported that the attorney for Mr. & Mrs. 011enberger and Mr. and Mrs. Siebert had informed him that his clients were prepared to execute the necessary settlement documents. A-3 City Administrator (1) Mr. Little presented a memorandum from Harold Wieman, Chairman of the Parks and Recreation Commission, requesting Council approval of the appointment of a committee to work on the development of the P.G.& E. park. MOTION: Councilman Keiser moved that this committee suggested by the Parks and Recreation Commission be appointed. The motion was seconded by Councilman Donohoo and unanimously carried. (2) Mr. Little presented the opinion submited by the City Attorney relative to the city's legal advertising. No Council action necessary. (3) Mr. Little requested Council approval to set May 27th as the date for a public hearing to consider the adoption of the preliminary budget for the fiscal year 1969-70. MOTION: Councilman Mallery moved that May 27th be set as the date for this hearing. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 13, 1969 Page Five (4) Mr. Little requested Council determination as to the possibility of the sale of existing city slips and lease of water for the slips to private individuals or firms. He noted that he has received an inquiry and requires a determination from the Council. Councilman Mallery stated that the Council had been told that no land was available for lease adjacent to the site of the city docks. During the past year, he has become aware of certain land which is available for this purpose. After further discussion, the Council directed staff to investigate this matter and place this item on the agenda for the next meeting. (5) Mr. Little presented a letter from Frank and Peggy Brebes concerning the Brown.lease which will expire shortly. Councilman Mallery requested a legal brief from the City Attorney relative to this letter. The City Attorney agreed. Councilman Donohoo suggested that the Council hold a study session to develop leasing policies for the waterfront. The Council agreed that this was necessary. (6) Mr. Little presented the Expenditure Report for the period April 15 through 30, 1969 for the approval of the Council. MOTION: Councilman Bickford moved that the Expenditure Report for the period April 15 through 30, 1969 be approved. The motion was seconded by Councilman Mallery and unanimously carried. (7) Mr. Little presented the Financial Report for the period July 1, 1968 through April 30, 1969 for the approval of the Council.. MOTION: Councilman Donohoo moved that the Financial Report be approved. The motion was seconded by Councilman Bickford and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS B-1 Appearance of Neil Moses re The Budget vs. Campaign Promises Mr. Moses made a very brief presentation relative to the responsibilities of the City Council members to reduce the size of the budget without regard to the pressure from vested interests who will be insisting that no cuts be made'in the operations with which they are personally interested. Jack Jennings asked why the Council had decided to eliminate one man from the Harbor Department. The Council members explained that the length of the agenda for this meeting would not permit a detailed explanation'- and indicated that the public should attend 0 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 13, 1969 Page Six the budget sessions. However, Mr. Jennings was informed that a public hearing will be held on May 27, at which time the public may question any item in the preliminary budget. Councilman Mallery suggested that a special meeting be initiated by the Council for the purpose of listening to any subject on -which the public wishes to comment. Mayor Giannini again noted his desire to include time on the agenda for this purpose at each regular meeting. Councilman Bickford noted his feeling that the public should ask to be scheduled on the agenda if they wish to discuss any matter. Mr. Little informed the Council that staff had been instructed to revise the budget request for the Harbor Department and present it for Council approval at this meeting. He suggested that it be considered as Item B-2 since it was a continuation of a budget hearing. The Council agreed. B-2 Harbor - Budget Account No. 37 (Added) MOTION: Councilman Mallery moved for the adoption of Budget Account No: 37 in the- amount of $29,493. The motion was seconded by Councilman Donohoo. Roll call vote: AYES: Councilmen Donohoo, Mallery, and Mayor Giannini NOES: Councilmen Bickford and Keiser Councilman Bickford stated that he was vehemently opposed to this reduction in personnel and budget for the Harbor Depart- ment. He felt the city was not living up to its responsibilities to the people who use the harbor. Councilman Keiser felt the city is bound morally to look out for the safety of the people within the harbor. Mr. Little presented the revised estimate of the expected revenue for 1969-70 and also the total amount of the budget which is. $979,509. UNFINISHED BUSINESS C-1 Review of Morro Bay Yacht Club Use Permit Agreement for Lease Sites 59, 60, 59W, and 60W Mr. Roger Case, Commodore of the Morro Bay Yacht Club reviewed the many improvements which have been accomplished by the club during the past year as a result of the reduced rental charged by the city. These improvements include a new electric hoist, new fencing, partial painting of the building, new piling for docks, interior paneling, and a ladies'restroom. He noted his feeling that the Yacht Club can afford to -pay the regular rental for the next year, but this would prohibit the installation of any improve- ments to the property. He explained the minor fees charged for 0 0 MINUTES - MORRO BAY Regular Meeting May Page Seven CITY COUNCIL 13, 1969 club dues and the reasoning behind the low rates. Mayor Giannini stated that he would refrain from discussion and voting on this matter since he was a member of this club. He turned the meeting over to Vice Mayor Donohoo. Councilman Bickford felt it might be helpful if the Council had a list of the revenues and expenditures and the cost of the new improvements for the club. Mr. Case reviewed the approximate costs of each improvement, stating that the total figure was about $700. He also noted that the club has an estimated revenue per year of $1,332 and expenses of $1,500. Councilman Mallery stated that the club does perform some services for the community, but he felt that the city should not subsidize the club. Councilman Bickford felt the city should not give the club free rent, but could afford to charge a reduced rental for another year. Mr. Case reviewed the public services rendered by the club. MOTION: Councilman Bickford moved that the City Council charge a fee of $18.00 per month for the Yacht Club for the next year. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote with Mayor Giannini abstaining. C-2 Request of Morro Dunes Resort Campground for Use Permit for trailer storage site Mr. Little stated that the Council had reviewed this request earlier in April. He presented a map showing the proposed plans for the boat and trailer storage area and 'stated that proper drainage would be provided. He recommended that -a-Use Permit be granted, renewable yearly, with a rental charge of $400 per year or 7 1/28 of the gross, whichever is greater,'and that this Use Permit have no relation to the existing lease. MOTION: Councilman Donohoo moved that the Council grant this Use Permit as recommended by the City Administrator. The motion was seconded by Councilman Mallery and unanimously carried. C-3 Lease for P.G.& E. Park Mr. Little informed the Council that this lease has been reviewed and approved by the City Attorney. He recommended that the Council approve the lease and direct the Mayor and City Clerk to sign it. MOTION: Councilman Keiser moved for approval of this lease. The motion was seconded by Councilman Bickford. Comments were heard from Hugh Case in opposition to spending 0 MINUTES - MORRO BAY Regular Meeting May Page Eight CITY COUNCIL 13, 1969 tax money on property which does not belong to the city. Councilman Keiser explained that P.G.& E. will not in all probability ever take this property away from the city once it is developed. Councilman Mallery felt that the city is spending money where it shouldn't be spent. He explained that he would be voting against this motion because he felt the city has not set priorities for spending for the more important items. Roll call vote on motion: AYES: Councilmen Bickford, Donohoo, and Keiser NOES: Councilman Mallery and Mayor Giannini C-4 Compensation for Planning Commissioners Mr. Little informed the Council that staff had been directed to research the initiation of the present method of compensation for Planning Commissioners. He explained that the records show that this method was approved at the budget session on June 17, 1966 and noted that each Council member had received copies of the minute order adopting this pay schedule. He asked for a Council deter- mination as to how they wish to provide for this compensation in the future. MOTION: Councilman Bickford moved that Planning Commissioners be paid $10.00for each meeting, regular or special, with a maximum of $20.00 per month. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Leroy Jones questioned the city using the planning services of the county and not hiring a full-time Planning Director. Mayor Giannini replied that the county planning services are furnished at a reasonable rate and a full-time Planning Director would cost the city a great deal more per year than the $2,700 charged by the county. C-5 Offer of Mr. & Mrs. Gary Williams for lease of water well sites Mr. Little informed the Council that the city has received an offer from the Williams' to lease well sites to the city for $100 per month per site. He presented a water cost analysis prepared by the Acting Director of Public Works showing a cost of $34.20 per acre foot for a well constructed on this property. Mr. Little noted that the minimum cost per acre foot from a pro- posed dam was $98 per acre foot and the desalination process would cost up to $180 per acre foot. He stated it was economically feasible to use this type of land to produce water for the city. He also noted that the Council has budgeted $1,000 for water exploration purposes. Councilman Mallery felt the city should buy land for well sites. r MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL May 13, 1969 MOTION: Councilman Mallery moved that the Council consider purchasing land in the Chorro basin for water well development. The motion was seconded by Councilman Bickford and unanimously carried. After further discussion, the Council agreed to defer any further action on this dffer until June loth. C-6 Report on engineering proposals for Embarcadero improvements Mr. Little stated that, at the'request of the Council, staff solicited proposals from firms who had indicated interest in this project. Two proposals have been received: one from Penfield and Smith in Santa Barbara and one from Garing, Taylor.and Associates, the city engineering firm. He noted that it would be difficult for the Council to take action in this matter because the proposals were received only a short time prior to the meeting. However, he introduced Mr. Jerry Smith who explained his firm's proposal and reviewed the background of the firm, displaying pictures of a similiar project engineered by Penfield and Smith in Montecito. Councilman Mallery stated he would like to have time to review this proposal, but felt the Council should not postpone action on this matter for long. Sam Taylor, representing Garing, Taylor and Associates, also commented on his firm's proposal. Mayor Giannini stated he would be hesitant:,about proceeding with this project until all plaintiffs have signed the settlement agreement. MOTION: Councilman Mallery moved to place this item on the agenda for May 27th. The motion was seconded by Councilman Donohoo and unanimously carried. C-7 Report on entrance channel shoaling conditions Mr. Little stated that he had advised the Corps of Engineers in Los Angeles of this shoaling problem, at the direction of the Council. As a result, Mr. C. C. Potter, Jr., and Mr. J. R. Klarin were sent to Morro Bay to inspect these conditions. They requested that the city continue observation and charting to determine whether the condition will increase and inform the Corps of any development. No Council action was necessary on this item. C-8 RESOLUTION NO. 45-69. RESOLUTION ACCEPTING WORK AND DIRECTING CITY CLERK TO RECORD NOTICE OF COMPLETION, ASSESSMENT DISTRICT NO. 5, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA MOTION: Councilman Donohoo moved that Resolution No. 45-69 be read by title only. The motion was seconded by Council- man Mallery and unanimously carried. MINUTES - MORRO BAY Regular Meeting May Page Ten CITY COUNCIL 13, 1969 Mr. Little read Resolution No. 45-69 by title only. MOTION: Councilman Bickford moved No. 45-69. The motion was and unanimously carried by for the adoption of Resolution seconded by Councilman Donohoo roll call vote. C-9 City Council action on salary proposal Mr. Little requested Council direction to prepare a salary resolution in accordance with the budget request to be presented at the next meeting. MOTION: Councilman Mallery moved that staff be directed to prepare a salary resolution to be presented at the next regular meeting of the Council. The motion was seconded by Councilman Donohoo and unanimously carried. NEW BUSINESS D-1 Flood damage claims Mr. Madden stated that three claims were filed against the city for alleged damage to property arising out of recent floods. These claims were filed on April the 29th. Claims were received from Marvin Cothran in the amount of $13,300, Harold King in the amount of $1,000, and R. A. Evans in the amount of $3,000. Mr. Madden recommended that anytime a claim is,filed against the,city for alleged liability, copies of the claims be made forthwith and immediately submitted to the city's insurance carried. He stated he had reviewed these claims and noted no indication of evidence of negligence on the part of.the city, no evidence whatso- ever that a dangerous or defective condition of city property or property under city control that caused these damages complained of, but rather, these damages occured because of the tremendous flooding conditions during the first part of this year. He noted that the city took every remedial step possible and recommended that the Council formally deny these three claims. MOTION: Councilman Donohoo moved that these three flood damage claims be denied by the city. The motion was seconded by Councilman Mallery and unanimously carried. D-2 Review of proposed fire station consolidation Mr. Little stated this item was placed on the agenda at the request of the Council. He felt this could possibly be of interest throughout the community and recommended that this information be given to the newspapers and the city hold a special meeting for the consideration of this proposal. MOTION: Councilman Keiser moved that this be deferred until June 10 and that the local newspapers be advised of this proposal. The motion was seconded by Councilman Donohoo and unanimously carried. • i MINUTES - MORRO BAY Regular Meeting May Page Eleven CITY COUNCIL 13, 1969 CORRESPONDENCE 1. Letter from W. H. Rhodes relative to the condition of the vacant lots within the city. 2. Letter from Edwin C. Hill asking for information on the origin of the name of our city. 3. Letter from Neil Macri in appreciation for the city's putting red rock on the streets in Atascadero Beach. 4. Letter from Lur& J. Potter expressing appreciation for red:robk on Atascadero Beach area streets. 5. Letter from Paul Seager, Commodore of the Corinthian Sailing Club of Cal Poly, requesting an extension of their Use Permit Agreement for Lease Sites 57, 58, 57W, and 58W. Mr. Little explained that this lease site is to be leased to Mr. Carver as a part of the litigation settlement on the waterfront. 6. Letter from the City of San Luis Obispo inviting Council members to participate in the La Fiesta Parade on May 17th. 7. Letter from California Public Utilities Commission concerning Greyhound bus service between San Luis Obispo and coastal communities. 8. Letter from Morro Bay Gem and Mineral Club announcing the Tenth Annual Rock Show to be held on June 28th. 9. Letter and resolution from the City Council of Long Beach urging support of introduction of a bill providing year-round national observance of daylight savings time. _ 10. Letter from City of Costa Mesa with resolution urging adoption of AB 1356 which would place fire fighters in cities under the Employer -Employee Relations Act. 11. Letter from City of Arroyo Grande relative to Morro Bay resolution prohibiting off -shore oil drilling in county. MOTION: Councilman Mallery moved that correspondence be filed. The motion was seconded by Councilman Donohoo and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo.moved that the meeting be adjourned to 7:30 p.m., May 20th, in City,Hall Conference Room. The motion was seconded by Councilman Keiser and unanimously carried. The meeting was adjourned at 10:37 p.m. Recorded �by: Carolyn L. Wentzell Deputy City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 9, 1969 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at',7:32 p.m. by Mayor Giannini. ROLL CALL PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini ABSENT: None Mayor Giannini stated that this meeting was called for the purpose of considering departmental budget requests for the fiscal year 1969-70. 1. Community Promotion - Budget Account No. 19 Mr. Little noted that this account includes a suggestion that the Chamber of Commerce be allocated $8,265, the same amount they received last year, and also a request from the San Luis Obispo County Development Association for funding from the city. He stated that no funds had been allocated for the Development Association last year. Mr. Larry Davis stated that the San Luis Obispo County Develop- ment Association felt that tourism is an important part of industry. He noted the many requests received for information relative to San Luis Obispo County and the lack of funds necessary to supply this information. He stated that the city's lack of participation in the project has hindered the program and he presented the Development Association's request for $3,000 from the city for the 1969-70 fiscal year. Mayor Giannini noted that the Development Association had been set up primarily for business promotion, but now is concentrating on recreation and tourism. He noted that the city has a Chamber of Commerce for this purpose. Mr. Davis noted that industry has not been deleted nor has it been lessened; the association has merely increased the emphasis on tourism and recreation. He cited examples of industries that have been brought into the county as a result of the efforts of the County Development Association. Councilman Keiser asked what the Development Association has done to raise the living standard in Morro Bay. Mr. Davis stated that the city has indicated opposition to the promotion of industry in the city. He further stated that the Development Association and the Chamber of Commerce has effected increases in gas tax, bed tax, and other city revenues. Councilman Mallery disagreed. He stated that the Development Association was attempting to become a county chamber of commerce. He noted that Morro Bay is a leading community in the county for tourism and he was opposed to the city funding the Development MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 9, 1969 Page Two Association to do the job of the local Chamber of Commerce. He felt the Development Association should continue in its efforts to promote industrial development in the county, but saw no reason why the city should become involved in giving money to be spent on tourism and recreation. He noted that of the total budget of the association of over $60,000, $32,000 was to be spent for salaries, and only $5,000 was to be used for printing and literature. Discussion was held relative to the statement of Mr. Davis that Morro Bay was opposed to industry in the city. Mayor Giannini felt that taxpayers do not receive any benefits from the requested donation of $3,000. He felt that some businessmen would benefit, but not the average citizen. MOTION: Mayor Giannini moved that this request be denied. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. Mr. Ralph Gunther reviewed the accomplishments of the local Chamber of Commerce during the last year and their plans for the future. He presented the 1969-70 proposed budget for the chamber and the statement of income and expenses of the present fiscal year. Councilman Keiser commended the Chamber of Commerce on the employment of the full-time secretary with regular office hours in the information booth in the city park. Councilman Mallery felt theCouncil should take over the responsibility of the Christmas lighting in the city and budget $1,500 for this expense. He suggested authorization for staff to purchase a large fir tree to be planted in the city park as a community Christmas tree. After further discussion, the following motion was made: MOTION: Councilman Mallery moved that the Council put $2,500 in the budget for Christmas lighting and that staff be directed to ascertain between now and Christmas whether it would be more feasible to purchase the lights or to rent them. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. After further discussion, the Council agreed to change the request of the Chamber of Commerce in the amount of $800 for Christmas lights and'the annual Christmas party to $75 to cover the expenses of the party only; since the city will furnish the lights. Mr. Tex Kurtz spoke relative to the fine work of the new secretary of the Chamber of Commerce. He also noted that the budget request had not been increased enough to cover the cost of this full-time secretary. Mrs. Margaret Barberick noted she would like to promote another activity during the calendar year of 1969, but lacks sufficient funds to do so. MINUTES - MORRO BAY Special Meeting May Page Four CITY COUNCIL 9, 1969 Discussion was held relative to the need for aluminum stencils for street lettering. MOTION: Councilman Bickford moved for the approval of this item., G33-33 in the amount of $850. The motion was seconded by Councilman Donohoo and unanimously carried. MOTION: Councilman Mallery moved for the adoption of G33-34. The motion was seconded by Councilman Bickford and unanimously carried. MOTION: Councilman Donohoo moved for the adoption of G33-35. The motion was seconded by Councilman Mallery and unanimously carried. MOTION: Councilman Mallery moved for the adoption of Budget Account No. 33 in the amount of $93,569. The motion was seconded by Councilman Bickford and unanimously carried. 4. Sanitary - Budget Account No. 34 MOTION: Councilman Donohoo moved that Budget Account No. 34 in the amount of $43,236 be approved. The motion was seconded by Councilman Bickford and unanimously carried. 5. Water - Budget Account No. 36 Discussion was held relative to including the $100,000 for the new one million gallon water tank in this budget and also the inclusion of $1,000 for water exploration. Council agreed to include this in the request. MOTION: Councilman Donohoo moved for the adoption of Budget Account No. 36 in the amount of $192,248. The motion was seconded.by Councilman Mallery and unanimously carried. 6. Harbor - Budget Account No. 37 Mayor Giannini questioned the employment of a senior harbor patrolman and a harbor patrolman in this department. He felt that one harbor patrolman should be sufficient. Councilman Mallery agreed. Lengthy discussion ensued regarding the need of these two positions within the harbor department and the possibility of using the Coast Guard for many of the services provided by these employees of the city. Councilman Bickford felt that the various duties of both men could not be assumed by only one man. Councilman Mallery felt the Coast Guard should be pressured into assuming their full duties in the harbor. Doug Stuart commented on the problems which would be incurred if one harborman was eliminated from the staff. MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 9, 1969 Page Three MOTION: Councilman Keiser moved that the Council grant the Chamber of Commerce request in the amount of $9,275. The motion was seconded by Councilman Bickford. Councilman Mallery commented on the amount requested for telephone services. Mr. Gunther explained the use of the telephone for communications purposes with people outside of the community. Councilman Keiser's motion was unanimously carried by roll call vote. Councilman Donohoo noted that the Chamber of Commerce was to furnish the City Finance Director with a statement for the previous quarter before the city issued a check for the following quarter. MOTION: Councilman Donohoo moved that a quarterly report be submitted prior to payment to the chamber and that the Finance Director be directed not to issue a check until this statement has been received for the previous quarter. The motion was seconded by Councilman Mallery and unanimously carried. Bill Payne expressed the appreciation of the Chamber of Commerce for the consideration given by the Council.to their budget requests. 2. Streets - Budget Account No. 33 MOTION: Councilman Mallery moved that the budget -request in the amount of $16,900 for a street sweeper be eliminated from the budget. The motion was seconded by Councilman Donohoo. Councilman Bickford expressed his feeling that the city definitely needs this piece of equipment. However, he suggested that if the city could not budget this amount, that one half of this amount be included in the budget. Mayor Giannini felt that a street sweeper would not be necessary for several years. Roll call vote on motion: AYES: Councilmen Donohoo, Keiser, Mallery, and Mayor Giannini NOES: Councilman Bickford Neil Moses spoke.relative to the necessity of cleaning the' streets, but noted the high deterioration rate of the brushes on a street sweeper and the limited amount of area to be cleaned. He suggested budgeting for a different method of street cleaning. Councilman Bickford noted that his dissenting vote was not necessarily for the entire amount, but he felt that a portion of this amount should have been budgeted to provide for the purchase of this equipment in the future. MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 9, 1969 Page Five MOTION: Councilman Bickford moved that the Council not eliminate one harbor patrolman and that two harbor patrolmen be maintained in the harbor Department. The motion was seconded by Councilman Keiser. Roll call vote: AYES: Councilmen Bickford and Keiser NOES: Councilmen Donohoo, Mallery, and Mayor Giannini The motion failed to pass. MOTION: Councilman Mallery moved that the City Council eliminate the position of senior harbor patrolman, and, since a new motor will be installed in the smaller boat, put the 26' boat up for sale. The motion was seconded by Mayor Giannini. Roll call vote: AYES: Councilmen Donohoo, Mallery, and Mayor Giannini NOES: Councilmen Bickford and Keiser Mayor Giannini questioned the request for telephone services in the amount of $540. He felt this was excessive. Staff explained that this billl included the daily call to the weather bureau in Santa Maria for the weather report. The Council discussed this service in depth. MOTION: Councilman Keiser moved that staff contact the Coast Guard and find out exactly what they will do in rescue work within the harbor. After further discussion, the motion was withdrawn and the Council deferred action on this account until the next regular meeting due to extensive changes to be made in the request as a result of the elimination of senior harbor patrolman and the sale of the 26' harbor boat. 7. Planning and Building - Budget Account No. 39 Staff informed the Council that the cost of planning services from the County of San Luis Obispo has been increased to $2,700. MOTION: Councilman Bickford moved for approval of Budget Account No. 39 in the amount of $21,671. The motion was seconded by Councilman Donohoo and unanimously carried. 8. Street Lighting - Budget Account No. 40 MOTION: Councilman Donohoo moved for the approval of Budget Account No. 40 in the amount of $27,100. The motion was seconded by Councilman Keiser and unanimously carried. 9. Equipment Replacement Mr. Little reviewed the proposed equipment replacement schedule 11 MINUTES - MORRO BAY Special Meeting May Page Six CITY COUNCIL 9, 1969 for the coming fiscal year for the benefit of the Council and those present. Discussion was held relative to increasing the amount allocated into the reserve for a welding machine from $505 to $722. MOTION: Mayor Giannini moved that this increase be approved. The motion was seconded by Councilman Donohoo and unanimously carried. MOTION: Councilman Bickford moved for approval of the equipment replacement schedule in the amount of $27,077. The motion was seconded by Councilman Donohoo and unanimously carried. 10. Capital Improvement Program MOTION: Councilman Donohoo moved that the capital improvement schedule be approved in the amount of $37,000 plus $29,065 for gas tax funds. The motion was seconded by Councilman Bickford and unanimously carried. ADJOURNMENT MOTION: Councilman Bickford moved that the meeting be adjourned. The motion was seconded by Councilman Mallery and unanimously carried. The meeting was adjourned at 11:20 p.m. Recorded by: M. J. LITTTLE, City Clerk �ez'z ttL�iv By: Carolyn L. Wentzell Deputy City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Friday, May 2, 1969 at 7:00 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, to consider the following matters: (1) Recreation Supervisor (2) Appointment of Parks and Recreation Commissioner (3) Assembly Bill No. 374 (4) Continuation of review of departmental budget requests DATED: April 30, 1969 JOSEPH C. GIANNINI, Mayor City of Morro Bay, California AlBy: M. LIT LE, City Clerk 6 MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 2, 1969 7:00 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:00 p.m. ROLL CALL PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini ABSENT: None MOTION: Councilman Mallery moved that the meeting be adjourned to executive session to discuss the appointment of a Parks and Recreation Commissioner. The motion was seconded by Councilman Keiser and unanimously carried. The meeting adjourned to executive session at 7:02 p.m. and reconvened at 7:09 p.m. 1. Appointment of Parks and Recreation Commissioner Mayor Giannini announced that Mr. Quincy Cotting had been appointed to the Morro Bay Parks and Recreation Commission to fill the vacancy left by the resignation of Mrs. Isabel Domenghini. 2. Recreation Supervisor Mr. Little announced that Mr. Ron Boone had resigned effective at the pleasure of the Council. He noted that Mr. Boone had agreed to continue as Recreation Supervisor until such time as a new supervisor could be hired by the city. MOTION: Councilman Keiser moved that the Recreation Commission made a recommendation to the City Administrator for the hiring of a Recreation Supervisor. The motion was seconded by Councilman Bickford and unanimously carried. MOTION: Councilman Mallery moved that the Council accept the resignation of Ron Boone under the terms stipulated in his letter of resignation. Councilman Keiser amended the motion to accept the resignation with regret. The amendment was accepted by Councilman Mallery and the motion was unanimously carried. 3. Assembly Bill No. 374 Mr. Little stated that the Council has taken prior action concerning their opposition to this bill. He also informed the Council that the bill has passed the State Assembly and is now under study by the Senate Committee on Governmental Efficiency. Councilman Mallery noted he had sent a telegram to the Senate a 1-1 MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 2, 1969 Page Two Committee Chairman, Senator Grunsky, and Assemblyman Ketchum expressing his opposition to this bill. Councilman Donohoo suggested that the other members of the Council do likewise. Mr. Little referred to the Legislative Bulletin from the League of California Cities urging that all affected cities express the reasons for their opposition to this measure to the Chairman of the Committee. He noted that this bill would increase property taxes. Councilman Mallery noted his concern regarding this bill because it.would cause a cutback in the work forces in the cities and it would preempt home rule. He felt every effort should be made to defeat this legislation and suggested that the public also indicate their opposition to the legislators. After discussion, the Council directed the City Administrator to indicate his feelings :by :personal letter to a member of the committee. 4. Fire Department - Budget Account No. 26 Councilman Mallery questioned the request for funds to replace the tires on the fire trucks. Chief Rieger reviewed the reasons for this request and the necessity of the replacement of these tires. Staff informed the Council that all.tires are bought by the city at state discount prices. Chief Rieger informed the Council that emergency repair work had been done to his car prior to the time his request for a trans- mission overhaul could be approved by the Council. The Council deleted the request for $200 from the budget request under "auto- motive supplies and maintenance". Mayor Giannini noted his feeling that the two fire stations Should be conaol�,dated into one. Councilman Mallery stated that the Council had attempted to do this previously and had received strong opposition from the citizens. Mr. Little informed the Council that Chief Rieger had made a detailed report on this proposed plan and suggested that this matter be placed on the agenda for consideration at the next regular meeting. Discussion was held concerning the advisability of selling Fire Station No. 2. Mr. Little suggested that the request for $300 for a remote control alarm horn at Station No. 2 be left in the budget with the understanding that the item will be considered in depth when a determination is made as to the possibility of closing Station No. 2. MOTION: Councilman Bickford moved that the Fire Department budget be approved in the amount of $108,875. The motion was seconded by Councilman Keiser and unanimously carried. 0 0 MINUTES - MORRO Special Meeting Page Three BAY CITY COUNCIL May 2, 1969 5. Animal Regulation - Budget Account No. 27 MOTION: Councilman Donohoo moved that the Animal Regulation budget account be approved in the amount of $5,700. The motion was seconded by Councilman Bickford and unanimously carried. 6. Civil Defense - Budget Account No. 28 MOTION: Councilman Bickford moved that the Civil Defense budget be approved in the amount of $100. The motion was seconded by Councilman Keiser and unanimously carried. 7. School Crossing Guard - Budget Account No. 29 MOTION: Councilman Donohoo moved that Budget Account No. 29 be approved in the amount of $1,248. The motion was seconded by Councilman Bickford and unanimously carried. 8. Engineering and Administration - Budget Account No. 30 Mayor Giannini questioned the need of an Acting Director of Public Works and a full time registered civil engineer. He felt there wasn't enough work.for a registered civil engineer. Staff explained that -.this was included in order to provide for the salary of the Public Works Director who is to be hired by the city at a later date. Lengthy discussion was held concerning the necessity of hiring a registered civil engineer as Public Works Director for the city. Councilman Mallery suggested cutting the budget request for additional engineering equipment for the new Public Works Director from $3000 to $1500. MOTION: Councilman Mallery moved that the item for equipment be reduced from $3000 to $1500. The motion died for the lack of a second. MOTION: Councilman Bickford moved for the approval of Budget Account No. 30 in the amount of $66,347. The motion was seconded by Councilman Donohoo and unanimously carried. 9. Parking Facility - Budget Account No. 31 Mr. Little suggested that $100 be deleted from the Fire Depart- ment budget since the sealcoating of the Fire Department parking lot had also been included in the Parkinc Facility Budget. MOTION: Councilman Bickford moved that the Fire Department budget be reduced by $100 for a total of $108,775. The motion was seconded by Councilman Donohoo and unanimously carried. �1 MINUTES - MORRO BAY CITY COUNCIL Special Meeting May'2, 1969 Page Four MOTION: Councilman Donohoo moved that Budget Account No. 31 be approved in the amount of $70b. The motion was seconded by Councilman Bickford and unanimously carried. 10. Storm Drains - Budget Account No. 32 MOTION: Councilman Donohoo moved for the approval of Budget Account No. 32 in the amount of $3,700. The motion was seconded by Councilman Bickford and unanimously carried. ADJOURNMENT MOTION: Councilman Mallery moved that the meeting be adjourned. The motion was seconded by Councilman Bickford and unanimously carried. The meeting was adjourned 8:51 p.m. Recorded by: M. J. LITTLE, City Clerk �ci'S24Ycvw,) �L^G�i�G�-� By: Carolyn L. Wentzell D Deputy City Clerk 40 MINUTES - MORRO BAY CITY COUNCIL Special Meeting April 28, 1969 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. ROLL CALL PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini ABSENT: None Mayor Giannini stated that this meeting was called for the purpose of considering departmental budget requests. Mr. Little announced that Mr. Charles Meade was present at this time and wished to present a refund check to the city from State Compensation Insurance Fund. Mr. Meade presented a letter from Mr. R. A. Young, General Manager of State Compensation Insurance Fund, and a check in the amount of $5,765.83 representing 31.5% of the total premium paid. He noted that in two years, an additional payment may be made to the city. 1. Community Promotion - Budget Account No. 19 Mayor Giannini noted that Mr. Ralph Gunther and Mrs. Margaret Barberick had asked that this matter be continued until May 9th. MOTION: Councilman Bickford moved that the Council postpone this budget account until the 9th of May. The motion was seconded by Councilman Donohoo and unanimously carried. 2. Elections - Budget Account No. 20 MOTION: Councilman Donohoo moved that Budget Account No. 20 be approved for $1,500. The motion was seconded by Councilman Bickford and unanimously carried. 3. General Services - Budget Account No. 22 Discussion was held relative to the budget request of $4,480 for temporary employees. Councilman Mallery suggested that one student be authorized for each department, thus decreasing the total amount by $1,280. Mayor Giannini agreed. Councilman Bickford felt that the opportunity to secure short- term summer help enables the city to eliminate the hiring of more full time employees. Councilman Mallery suggested asking the city employees to work overtime to compensate for the services of the students. MINUTES - MORRO BAY CITY COUNCIL Special Meeting April 28, 1969 Page Two MOTION: Councilman Keiser moved that the Council allow the budget amount of $4,480. Councilman Bickford amended the motion to include the hiring of 5 temporary employees plus authorization for staff to use the balance of the total of $4,480 for overtime for regular employees. Councilman Keiser accepted the amendment and the motion was unanimously carried. The Council then considered Travel and Meetings, 22-14. Councilman Mallery suggested cutting the budget for the Police, Fire, and Engineering Departments to $200 each, and the Council to $1,200; thus cutting the total amount from $3,000 to $1,800. Discussion was held concerning the importance of the Council members attending the various scheduled meetings during the year. Councilman Donohoo suggested cutting the request for the Police Department to $300, the Engineering Division to $200, Sanitary to $50, City Council to $1,350, and eliminating the requests of the Fire Department, and the Street and Water Divisions. MOTION: Councilman Donohoo moved that the travel expense request for the City Council be reduced from $1,500 to $1,350; Police, $300; Engineering, $200; Sanitary, $50; and Planning and Building, $100. Councilman Mallery,suggested an amendment to reduce the Police Department to $200 and increase the Fire Department to $100. The amendment was not accepted by Councilman Donohoo and the motion died for the lack of a second. MOTION: Councilman Bickford moved to set the following amounts: Fire $200; Police, $300; Engineering, $200; Planning and Building, $100; Sanitary, $50; and City Council, $1,350; for a total amount of $2,200. The motion was seconded by Councilman Mallery and unanimously carried. MOTION: Councilman Donohoo moved that the requested amount of $1,200 for the rent of the Grass Roots building be deleted from the budget. The motion was seconded by Councilman Mallery and unanimously carried. MOTION: Councilman Donohoo moved that the amount for postage be increased from $2,600 to $3,000. The motion was seconded by Councilman Bickford and unanimously carried. MOTION: Councilman Mallery moved for the adoption of Budget Account No. 22 in the amount of $47,820. The motion was seconded by Councilman Donohoo and unanimously carried. 4. Recreation - Budget Account No. 23 Councilman Mallery felt the budget should be reduced and suggested cutting salaries from $9,000 to $8,000. MINUTES - MORRO BAY CITY COUNCIL Special Meeting April 28, 1969 Page Three MOTION: Councilman Mallery moved that the Council reduce the amount of $9,000 for temporary employees to $8,000, making a total budget request for Recreation of $12,732. The motion was seconded by Councilman Donohoo. Harold Wieman, Chairman of the Parks and Recreation Commission, spoke against a blanket cut in the budget. He felt it was unrealistic to cut the budget in this manner and noted that $1.00 per capita for the recreational program was the minimum amount for 20 years ago and certainly was not too high for today. He noted that the highest percentage of the recreation budget is used for salaries since many school facilities are used by the department without charge but the activities require supervision by competent personnel. Mayor Giannini suggested using more volunteer help for the recreation program. Ron Boone, Recreation Director, indicated his opposition to the reduction of the budget request. Roll call vote on motion: AYES: Councilmen Donohoo and Mallery, and Mayor Giannini NOES: Councilmen Bickford and Keiser 5. Police Department - Bud et Account No. 25 Councilman Mallery commented on the possibility of the city buying tires for city vehicles under a cooperative purchasing plan in order to reduce expense. Staff informed the Council that all tires are being bought at discount prices at the present time. The Council discussed at length the budget request for police reserve.,uniforms and badges. Councilman Mallery questioned the necessity of supplying uniforms for the police reserves. He suggested a probationery period of perhaps one year before making this expenditure. Mayor Giannini felt that after the full training was given to the reserves, they should be properly uniformed. Councilman Keiser agreed. Lengthy discussion was held relative to the necessity of hiring the additional policemen and the possibility of using the police reserves instead of the additional regular officers. The Council also discussed the items logged on the daily Police Bulletin which is distributed to the Council members and marked "Confidential". MOTION: Mayor Giannini moved that Council leave the police force at 12 and increase the police reserves. Councilman Mallery seconded the motion. Roll call vote: MINUTES - MORRO BAY CITY COUNCIL Special Meeting April 28, 1969 Page Four AYES: Councilman Mallery and Mayor Giannini NOES: Councilmen Bickford, Donohoo, and Keiser Discussion was held relative to the amount requested for Police uniforms for this year. Discussion was also held concerning the California Law Enforcement Telecommunications System and its importance in the Police Department. Mayor Giannini felt the city could wait another year before installing the necessary equipment. Chief Holeman noted the Police Department does not have a teletype system at the present time and will not be able to acquire one after this system is initiated throughout the state. He explained the advantages of the CLETS system. Mayor Giannini suggested leaving this in the budget and doing some further investigation into the matter. MOTION: Councilman Bickford moved that the Police Department, Budget Account No. 25, be approved in the amount of $168,335. The motion was seconded by Councilman Donohoo. Roll call vote: AYES: Councilmen Bickford, Donohoo, and Keiser NOES: Councilman Mallery and Mayor Giannini ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Bickford and unanimously carried. The meeting was adjourned at 10:12 p.m. Recorded by; M. J. LITTLE, City Clerk' Y J By: Carolyn L. Wentzell Deputy City Clerk 9 10 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold special meetings on April 25 and 28, May 2 and 9, 1969 at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay; California, to consider the following matter: 1. Budget Conferences - Consideration of Departmental Budget Requests for fiscal year 1969-70. DATED: April 18, 1969 JOSEPH C. GIANNINI, Mayor City of Morro Bay, California By M. ✓CITY E, City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting April 25, 1969 7:30 p.m. Morro Bay Recreation Hall The meeting was called to stated this meeting was called departmental budget requests. ROLL CALL order at 7:30 p.m. Mayor Giannini for the purpose of considering PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini ABSENT: None 1. Proposed P.G.& E. Park Councilman Mallery stated he had urged the City Council to set aside money for necessary projects such as water storage facilities. He noted that if the city had some dry years, it would be in dire need of water. He was also concerned about the forthcoming census and felt that a new census would reveal less population and that money allocated to the city by the state would be decreased. MOTION: Councilman Mallery moved that the city place in the Capital Improvement Program for water development, procurement, storage, and distribution, the $100,000 committed to Kings Avenue tank plus $150,000 out of the income for this year, making a total of $250,000. Mayor Giannini and Councilman Bickford noted their opposition to this motion. Councilman Donohoo suggested completing the budget before marking money for special purposes. Councilman Keiser informed the Council members that she was asking for money for the proposed park because the lease depended upon the planned development of the parcel. She suggested setting aside the amount of $5,000 to begin the development and noted that this park would benefit the entire community. Councilman Mallery felt the city has other problems which are more important than the development of parks. The motion made by Councilman Mallery died for the lack of a second. Mr. Little presented the proposed lease submitted by P.G.& E. and informed the Council of the necessary stipulations relative to park development. He also presented the recommendations of the Parks and Recreation Commission relative to this development. Councilman Mallery noted that the city needed to know the estimated cost of the program and the length of time required for completion. Councilman Bickford asked staff for an estimate of the cost. Mr. Little informed him that this would depend upon the amount of MINUTES - MORRO BAY CITY COUNCIL Special Meeting April 25, 1969 Page Two help the city would receive from civic organizations. He informed the Council that employees from the Public works Department had volunteered their labor for the work of construction of restrooms and the installation of the necessary water and sewer lines for the park. Mr. Little felt that for $5,000 the city could put red rock on the access road and parking area, furnish materials for restrooms and the necessary sewer lines, and possibly plant the turf for the ball diamond. He stated that until the Council made a determination of whether to go ahead with the plans, staff could not secure an accurate estimate of the cost. Mr. Jack Youngs indicated his interest in the proposed park, but questioned the feasibility of using general funds for the development. Mayor Giannini questioned if there were other areas within the city that could be used for parks. Mr. Norm Reiger stated that the Lions Club was very interested in the project and would be most willing to donate labor for the development. Councilman Bickford felt that the location was very well suited for a park and the city should definitely accept the land and develop it. He felt that the amount of money to be used for development would be indicated by available funds and noted his agreement with the proposal to budget $5,000 to begin development. Ron Boone spoke concerning the city setting priorities and making some long range plans for future spending. MOTION: Councilman Keiser moved that the city allow $5,000 in this year's budget for the development of the park from P.G.& E. Councilman Bickford seconded the motion. Roll call vote: AYES: Councilmen Bickford, Donohoo, and Keiser NOES: Councilman Mallery and Mayor Giannini 2. Salary proposal for fiscal year 1969-70 Mayor Giannini noted his objection to the 2-step increase for Police Officers and the 4.1% cost of living raise for all city employees. Discussion was held regarding the difference in pay between the Police and Fire Departments, and the necessity for two police- women on the police force. Councilman Donohoo noted that he was supporting the salary proposal. Discussion was held concerning the recommendations of the Salary and Classification Review Committee which had been tentatively approved by the Council at an earlier date. • 0 MINUTES - MORRO BAY CITY COUNCIL Special Meeting April 25, 1969 Page Three Councilman Bickford felt that the salary recommendations of the committee were reasonable and he indicated his support of the salary proposal. Mayor Giannini felt that by initiating police reserves, a large amount of money could be saved in salaries for regular Police Officers. MOTION: Councilman Donohoo moved that the salary proposal of $480,446 be approved. Councilman Keiser seconded the motion. Roll call vote: AYES: Councilmen Bickford, Donohoo, and Keiser NOES: Councilman Mallery and Mayor Giannini 3. City Council - Budget Account No. 10 MOTION: Councilman Mallery moved for the adoption of the request in the amount of $10,382. The motion was seconded by Councilman Donohoo and unanimously carried. 4. City Administrator - Budget Account No. 11 MOTION: Councilman Mallery moved for the adoption of the request in the amount of $22,771. The motion was seconded by Councilman Bickford and unanimously carried. 5. Legal Department - Budget Account No. 14 Mr. Little presented a request from Mr. Madden for $600 monthly retainer and a $5,000 reserve for tidelands matters. Mayor Giannini questioned this raise and stated he had expected the litigation to be completely settled by this time. He felt that serious consideration should be given to hiring a full-time City Attorney. Councilman Keiser noted the various expenses which would be incurred by the,city in order to hire a full-time attorney. Discussion was held relative to the necessity of this type of legal service. MOTION: Councilman Donohoo moved that Budget Account No. 14 in the amount of $12,200 be approved. The motion was seconded by Councilman Mallery and carried with Mayor Giannini voicing a "no" vote. 6. Finance Director - Budget Account No. 15 MOTION: Councilman Donohoo moved for the adoption of Budget Account No. 15 in the amount of $45,128. The motion was seconded by Councilman Bickfordand unanimously carried. 0 0 MINUTES - MORRO BAY CITY COUNCIL Special Meeting April 25, 1969 Page Four 7. Planning Commission - Budget Account No. 16 Mayor Giannini commented on the method used for compensation of Planning Commissioners. He suggested amending the ordinance to provide for more equitable compensation. Council directed staff to investigate and bring this matter before the Council at the next regular meeting. MOTION: Councilman Bickford moved that Budget Account No. 16 in the amount of $1,250 be approved. The motion was seconded by Councilman Donohoo and unanimously carried. 8. General Government Buildings - Budget Account No. 18 Councilman Mallery commented on the $132 requested for electricity for the Grass Roots/C.A.P. building. He felt that it was unfair for the city to have to pay the bill for a government project such as Grass Roots. Discussion was held relative to the city discontinuing the rental of this building. Mr. Little noted that he would not recommend that the city continue to subsidize the C.A.P. project by supplying the building. He suggested that a modest office be supplied for the Grass Roots center. MOTION: Councilman Mallery moved thatthe city continue to fund this building until June 30th and delete the budget request of $132.00 for electricity. The motion was seconded by Councilman Bickford and unanimously carried. It was also agreed to reduce the amount requested for the drinking fountain in the Public Works Office from $70 to $30. Discussion was held relative to the necessity for larger and more adequate City Council chambers and the need for additional storage space at City Hall. MOTION: Councilman Donohoo moved that Budget Account No. 18 in the amount of $22,154 be approved. The motion was seconded by Councilman Bickford and unanimously carried. 9. Parks and Playgrounds - Budget Account No. 38 Discussion was held,relative to purchasing a 30" heavy duty industrial type Jacobsen mower. MOTION: Councilman Bickford moved for the adoption of Budget Account No. 38 in the amount of $25,058. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Special Meeting April 25, 1969 Page Five ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Bickford and unanimously carried. The meeting was adjourned at 10:02 p.m. Recorded by: M.lJJ.. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING April 22, 1969 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of April 8, 1969 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator HEARINGS. APPEARANCES, AND REPORTS B-1 Continued public hearing on Assessment District No. 4 B-2 Appearance of Hugh Case B-3 Appearance of Neil Moses re tidelands litigation B-4 Appearance of members of citizens'committee concerning highway safety UNFINISHED BUSINESS C-1 Resolution authorizing sale of bonds (Assessment District No. 5) C-2 Appointment of member of Parks and Recreation Commission C-3 Resolution supporting recommendations of California Marine Affairs Conference for California's navigational needs C-4 Resolution of intention to order a change of grade on Bonita Street, Reno Court, and Elm Avenue between Bonita and Pico Streets C-5 Departmental schedule for budget hearings NEW BUSINESS D-1 Request of Morro Bay Art Association for use of City Park D-2 Review of Morro Bay Yacht Club Use Permit Agreement ADJOURNMENT CALENDAR City Council Budget Hearings: April 25, 28, May 2, 9, 1969 City Council regular meetings: May 13 and 27, 1969 Planning Commission meetings: May 6 and 20,.1969 MINUTES - MORRO BAY Regular Meeting April 22, 1969 7:30 Morro Bay Recreation CITY COUNCIL p.m. Hall The meeting was called to order at 7:29 p.m. with the Pledge of Allegiance. Mayor Giannini gave the invocation.. ROLL CALL PRESENT: Councilmen Bickford, Donohoo, Mallery, and Mayor Giannini ABSENT: Councilman Keiser MINUTES The minutes of the regular meeting of April 8, 1969 were considered by the Council. ' Mr. Madden informed the Council that the first paragraph under "City Attorney" on Page Four should be changed to show that four parties have not signed the settlement documents. Mr. and Mrs. 011enberger have given oral approval but have not yet signed. MOTION: Councilman Bickford moved that the minutes be approved as corrected. The motion was seconded by Councilman Mallery and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION A_1 City Council (1) Councilman Mallery reported on the Legislative Conference of the League of California Cities held in Sacramento on April 14, 15, and 16. He noted that members of the State Legislature had been present and had discussed legislation pertaining to cities. (2) Mayor Giannini suggested that the Council send a letter of commendation to the Morro Bay Yacht Club _for their fine efforts, and especially those of Mrs. Francis Wysocki, in the sail- boat races held over the weekend. The Council agreed. (3) Mayor Giannini suggested that a Council member be appointed to review the legislative bulletins received from the. League of California Cities and advise the Council of those bills which should receive support from the city. He noted that a large quantity of material is received by the city and some time would be. required to study it in depth. After some discussion, Mr. Little suggested that copies of the bulletins be made available to each member of the Council, who could then bring the important matters to the -attention of the Council and staff for action. The Council members agreed and directed staff to prepare copies of the digests for Council members. Councilman Donohoo also m MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 22, 1969 Page Two suggested that the individual Councilmen keep the State Legislators informed of their opposition or support for the various bills. A_2 City Attorney Mr. Madden reported that he had received a reply from The Sun in answer to his request for additional information before making a decision on the request of the Bulletin for one-half of the city's legal advertising. A-3 City Administrator Mr. Little presented the Expenditure Report for the period April 1 through April 15, 1969 for the approval of the Council. MOTION: Councilman Donohoo moved that the Expenditure Report for the period April through April 15, 1969 be approved. The motion was seconded by Councilman Bickford and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS B-1 Continued public hearing on Assessment District No. 4 Mr. Little presented the report of the committee appointed by the Council to study this proposed district. The report recommended the abandonment of the project because of the large number of protests received, the additional cost to the city to continue the project which would have to be paid from the general funds should the project later fail, the problems involved in tearing up the newly installed streets in the Atascadero Beach area for future repairs to inadequate water lines and installation of sewer laterals, and the problem of drainage in the upper Del Mar area. Mr. Little also read a letter from Mr. Ed Ness of Sturgis, Den -bulk, Douglass and Anderson recommending abandonment of the project. Mayor Giannini complimented the committee on the fine report, but questioned the abandonment of the project. He noted that people had indicated to him their support of improvements but were opposed to the high cost of the proposed improvements included in this district. He suggested setting the project aside for a year's time and appointing a committee of Council members and interested citizens to study the matter further. Mayor Giannini questioned the status of the streets in the area and suggested securing a written legal opinion either from the City Attorney or from the District Attorney. He felt there may have been an implied dedication of the streets on the part of the county. Mr. Harold Bare of Stone and Youngberg informed the Council that no action could be continued past this date without abandoning the project or formally ordering its continuance. He advised the Council to abandon this project at this time and allow citizens to initiate smaller projects at a later date. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 22, 1969 Page Three Mayor Giannini declared the public hearing open at 8:00 p.m. Dan Stack spoke on behalf of John Ruskovich and suggested that the needs of the people in this area would be served if a road tax were to be levied by the city for the maintenance of all city streets. He then suggested the use of gas tax funds for drains and possibly for the installation of curbs and gutters along Main Street or where minor permanent improvements were needed. Mr. Born mentioned the 25 miles of 2" water mains which are under the streets in the Atascadero Beach area and would necessitate tearing up the new streets for any future repairs. Comments were heard from Mave Hayes and Mr. Cogdill. Mr. Bob Lamphere spoke in opposition to the abandonment of Improvement District No. 4. Mr. Dixon commented on the maintenance problems involved if no improvements are installed. Mr. Leonard Ewing felt some improvements are necessary for this area and urged the Council to expedite the matter. Mr. Lewis spoke in favor of less costly improvements. There being no further comments, Mayor Giannini declared the hearing closed at 8:14 p.m. MOTION: Councilman Bickford moved that the City Council abandon Improvement District No. 4. The motion was seconded by Councilman Donohoo and unanimously carried. Mayor Giannini suggested the appointment of a committee to study this matter further. After further discussion, Councilman Bickford suggested that staff be directed to explore the possibilities of securing less costly improvements for the area. Mr. Little informed the Council that staff has investigated the approximate cost to install a serviceable street in the Atascadero Beach area. Each lot owner could pay between $150 and $200 for an oiled and chipsealed street; but the money would have to be. paid within one year from installation, since long-term financing is not available for sub -standard streets. The Council directed staff to proceed with this study and report back to the Council at a later date. Recess: 8:18 p.m. Reconvened: 8:25 p.m. B-2 Appearance of Hugh Case Mr. Little read a letter from Mr. Case expressing opposition to the expenditure of public funds on land not owned by the City of Morro Bay. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 22, 1969 Page Four Mr. Case noted the city's street problems in Atascadero Beach and the Del Mar area and stated that the city had accepted a sub- standard alley behind the Morro Palms Shopping Center and is now faced with the maintenance of this alley. He felt the city should not maintain an alley located on private property and serving only private businesses. Mr. Little explained that this alley was included in the sub- division plans which had been approved by the Planning Commission and the City Council. The alley had been dedicated to the city and the city had accepted it. At the insistence of the city, the alley was increased from 20 feet in width to 25 feet in order to allow fire fighting equipment to service the stores from the alley. He stated that the city does have the responsibility of maintaining dedicated and streets and alleys; and since the heavy trucks using this alley have caused some deterioration of the pavement, the city has filled the holes with redrock in an effort to avoid further deterioration. Mr. Case questioned the acceptance of this alley by the city. The question was raised as to the possibility of abandoning this alley and the Council directed the City Attorney to investigate the matter further. B-3 Appearance of Neil Moses re tidelands litigation Mr. Moses noted that he had submitted several questions regarding this matter at the previous Council meeting. He informed the Council that a commitment had been made by the previous Council and the former City Attorney not to subject the general taxpayers to any cost in this settlement. He stated that the city has not adhered to this commitment. He questioned why the original improve- ment district proposed for these improvements has been abandoned. He stated that it was his understanding that the plaintiffs were not to be assessed and the balance of the property would bear a proportionate share of the cost. Mayor Giannini stated that the harbor as a whole is indebted to the city general fund for the amount of $290,000. He stated that the original stipulation stated that no general funds were to be used. Neil Moses stated that it has been a year since the commitment was made and it has not been materialized. The present program is in complete contradiction of that presentation. He noted he was not objecting to the improvements, but felt it should not be tied in any way to the settlement; and the litigation doesn't seem to be settled. He felt that the plaintiffs giving up claim to title to the land in return for the improvements was not the same as the city establishing clear title by adjudication in court. He felt that if the city felt secure in its disputed title to tidelands, the matter could more appropriately be settled in court. Mr. Madden read from the original stipulation dated March 25, 1968 relative to the assessment district. No Council action taken. 41 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 22, 1969 Page Five B-4 Appearance of members of citizens committee concerning highway safety Mrs. Shirley Fisher read a prepared statement outlining the dangerous situations existing at the intersections of Highway 1 and Yerba Buena and San Jacinto Streets and Highway 41 and Main Street. She informed the Council that the committee was circulating a petition to install an electric signal with control devices at Highway 1 and Yerba Buena and San Jacinto intersections, lower the speed limit to 35 m.p.h. on Highway 1 within the city limits from 54th Street north, and to install an electric signal or an additional stop sign with a flashing red light at the north east corner of Highway 41 and Main Street. The Council members expressed their support of this petition and complimented the committee on their fine presentation. Councilman Bickford noted that the proposed development between San Jacinto and the High School would perhaps help to alleviate the dangerous situation, since a through frontage road would be provided. Mr. Lewis suggested the installation of a trip signal and the installation of an overhead bridge for pedestrian traffic across Highway 1. Mr. Born spoke in favor of the "clover leaf" proposed several years ago. Mr. Madden suggested that the Council invite the new Division of Highways resident engineer for Region 5 to inspect this situation and attend a special meeting to discuss these hazards. Mrs. McConaghay spoke relative to the development increasing the traffic at these intersections rather than helping to decrease the traffic. She also mentioned the danger for high school students who cross the freeway and climb the fence as a shortcut to school. Mrs. Bernard Ginsburg asked for the names of interested Council members who would participate in this effort. Mayor Giannini appointed a committee of Councilmen Bickford and himself to serve in this capacity. UNFINISHED BUSINESS C-1 RESOLUTION NO. 42-69. RESOLUTION AUTHORIZING SALE OF BONDS ASSESSMENT DISTRICT NO. 5) Mr. Little explained that this matter had been deferred until this meeting because the city had not received bids. The city has now received a bid from Stone and Youngberg for 93% of par with 7% interest. Mr. Little read Resolution No. 42-69 in its entirety. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 22, 1969 Page Six MOTION: Councilman Bickford moved No. 42-69. The motion was and unanimously carried by Keiser absent. for the approval of Resolution seconded by Councilman Donohoo roll call vote with Councilman C-2 Appointment of member of Parks and Recreation Commission MOTION: Councilman Bickford moved that this item be deferred until the next meeting. The motion was seconded by Councilman Mallery and unanimously carried. C-3 RESOLUTION NO. 43-69. RESOLUTION SUPPORTING RECOMMENDATIONS OF CALIFORNIA MARINE AFFAIRS CONFERENCE FOR CALIFORNIA'S NAVIGATIONAL NEEDS MOTION: Councilman Donohoo moved that Resolution No. 43-69 be read by title only. The motion was seconded by Council- man Bickford and unanimously carried. Mr. Little read Resolution No. 43-69 by title only. MOTION: Councilman Donohoo moved that Resolution No. 43-69 be approved. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote with Councilman Keiser absent. C-4 RESOLUTION NO. 44-69. RESOLUTION OF INTENTION TO ORDER A CHANGE OF GRADE ON BONITA STREET, RENO COURT, AND ELM AVENUE BETWEEN BONITA STREET AND PICO STREET MOTION: Councilman Donohoo moved that Resolution No. 44-69 be read by title only. The motion was seconded by Council- man Bickford and unanimously carried. Mr. Little read Resolution No. 44-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 44-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote with Councilman Keiser absent. C-5 Departmental schedule for budget hearings Mr. Little presented the suggested departmental schedule for the approval of the Council. MOTION: Councilman Donohoo moved for the adoption of the schedule as presented by the City Administrator. The motion was seconded by Councilman Bickford and unanimously carried. NEW BUSINESS D-1 Request of Morro Bay Art Association for use of City Park Mr. Little informed the Council that the Art Association MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL April 22, 1969 presently has a Use Permit for the weekend of May 31st and June 1st, and is now requesting permission to use the park during the last weekend in the months of June, July, and August. Mr. Dwight Carlisle, President of the Art Association, explained their plans to hold an Arts and Crafts Show in conjunction with the Gem and Mineral Show in June, the Dahlia Show in July, and the Rock- 0-Rama celebration in August. MOTION: Councilman Bickford moved that the request of the Morro Bay Art Association be granted. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little informed the Council that staff would prepare the necessary Use Permit Agreement. D-2 Review of Morro Bay Yacht Club Use Permit Agreement Mr. Little informed the Council that the current Use Permit for the Yacht Club expires on April 30, 1969. The usual annual rental for this property is $431.40; however, the Council waived this fee during the last year and only chargeda token fee of $1.00. Mr. Little suggested that representatives of the Yacht Club be advised of this expiration and asked to attend the next meeting to comment on the rent for the next year. The Council agreed. CORRESPONDENCE 1. Letter of appreciation from Women Peace Officers' Association of California re meeting held recently in Morro Bay. 2. Letter from Assemblyman William Ketchum relative to city's resolution to prohibit oil drilling operations along coast of San Luis Obispo County. 3. Announcement of Open House from Clifford E. Hiatt, Principal of Morro Elementary School. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Bickford and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Bickford and unanimously carried. The meeting was adjourned at 9:32 p.m. Recorded by: By: Carolyn L. Wentzell Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING April 8, 1969 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of March 25, 1969 2. Adjourned regular meeting of April 1, 1969 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator HEARINGS, APPEARANCES, AND REPORTS B-1 Report on the formation of the Water Advisory Committee UNFINISHED BUSINESS C-1 Request of owner of Cypress Trailer Park for change in storm drain manhole C-2 Report on possibility of additional well sites on property owned by Mr. & Mrs. Gary Williams C-3 Proposed parking plan for the Embarcadero C-4 Resolution authorizing sale of bonds (Assessment District No. 5) NEW BUSINESS D-1 Request for approval of sub -lease on Lease Site No. 137 (Crill to Elkins) D-2 Salary recommendations and personnel requirements for fiscal year 1969-70 D-3 Assessed valuations and revenue estimates for fiscal year 1969-70 D-4 Preliminary departmental budget for fiscal year 1969-70 (Set dates for budget hearings) D-5 Request of Morro Dunes Resort Campground for lease of additional property CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council meeting: April 22, 1969 2. Planning Commission meeting: April 15, 1969 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 8, 1969 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:29 p.m. with the Pledge of Allegiance. Mayor Giannini gave the invocation.. ROLL CALL: PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery, & Mayor Giannini ABSENT: None MINUTES: The minutes of the regular meeting of March 25, 1969 and the adjourned regular meeting of April 1, 1969 were considered by the Council. MOTION: Councilman Bickford moved that the minutes be approved as written. The motion was seconded by Councilman Mallery and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION: A=1 City Council (1) Councilman Mallery commented on the manner in which the Bulletin had reported his remarks concerning the proposed city park made at the last regular meeting of the Council. He noted that the Bulletin had made some irresponsible statements in the article which appeared in the April 3rd issue. Councilman Mallery read from the official minutes of the meeting relative to his views on the proposed park and the methods of financing to be used. He stated that he was not opposed to the park, but was opposed to using money from the city general fund -for the develop- ment of the park. (2) Councilman Mallery stated that this city, to fulfill its obligation as far as funding and committed funds are concerned, is in the "red" at the present time. He stated he did not believe the city had sound business policies when he ran for Council and still does not because the Council has not established financing priorities. Councilman Mallery noted that the city had $391,000 in the bank as of June 30, 1968. Of this amount, all but $150,000 is obligated money. The $150,000 has been more than committed. He cited examples of these commitments such as: a one million gallon water tank at a cost of approximately $100,000; the Embarcadero improvements at an approximate cost of $45,000; the street problems in north Morro Bay, and other proposed projects. He suggested that the city set aside money for future water development and street improvements. He read from a recent municipal financing letter from Stone and Youngberg relative to public financing and noted that the tax rate need not be raised, but can not be lowered because of rising costs. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 8, 1969 Page Two Mr. Hugh Case commented on this subject, asked to be scheduled on the agenda for the next regular meeting, and asked for a transcript of Councilman Mallery's statement. He was informed that he would be scheduled on the next agenda and would be furnished a transcript of the statement. Mayor Giannini indicated his agreement with Councilman Mallery's statement concerning the article in the Bulletin. He noted his feeling that much mention has been made of the spending projects, but little mention has been made of the efforts of the Corps of Engineers in repairing storm damage to city facilities. Mr. Little advised the Council that between $100,000 and $150,000 has been spent by the Corps of Engineers in.remedial pro- jects. He again expressed his appreciation for the fine efforts of the Corps. The Council directed staff to issue a press release concerning this work done by the Corps of Engineers. (3) Mayor Giannini requested Council approval to change the existing policy for the signing of city checks. He felt that the Director of Finance should be allowed to.sign checks along with the City Administrator. Councilman Donohoo felt that it was proper that one of the Council members sign the checks. He had no objections to signing the checks and felt this was a method of keeping Council members informed of city spending. MOTION: Mayor Giannini moved that Carl Ludeman be added to the list of authorized signatures for city checks. Councilmen Keiser and Bickford expressed their agreement with the existing policy of signing checks. The motion died for the lack of a second. (4) Councilman Keiser reported on the meeting of the Channel Counties Division of the League of California Cities held in Santa Paula. She advised the Council that the committee plans to discuss government relationships at the meeting in June to be held in Morro Bay. (5) Councilman Keiser introduced Mr. James Danaher from Pacific Gas & Electric Company, who introduced Roger Borkey, the new representative for the Morro Bay area. Mr. Danaher presented the P.G.& E. franchise payment for the calendar year of 1968 in the amount of $5,904.90. (6) Councilman Keiser advised the Council of her concern with the need for a bus service from Morro Bay to San Luis Obispo. She stated that she was collecting information on the subject and would present it to the Council at a later date. Comments were heard from Mr. Frank Abruscato relative to past unsuccessful efforts to start bus service in Morro Bay. • 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 8, 1969 Page Three MOTION: Councilman Mallery moved .that staff inform the State Legislators of this situation and inquire into the possibility of changing the Greyhound franchise for this area. The motion was seconded by Councilman Donohoo and unanimously carried. (7) Councilman Bickford reported on the meeting of the Tidelands Committee of the League of California Cities held in Los Angeles. He advised the Council that the committee has discussed oil drilling operations along the California coast and noted that San Luis Obispo will not be included in the legislation to prohibit oil drilling because the County Board of Supervisors has not supported prohibition. Councilman Bickford informed the Council that he would submit a more detailed report as soon as minutes of this meeting were available. After further discussion concerning the prohibition of oil drilling operations along San Luis Obispo County coast, Council directed staff to send letters of inquiry to the other cities within the county relative to their feelings in this matter. A_2 City Attorney Mr. Madden reported on the status of the settlement of the Pipkin litigation. He advised the Council that -t-hrree- parties * (four) who own upland property have not as yet signed the documents: Mr. Norek, Mr. and Mrs. Baynham, and Mrs. McGurn. Of the total of 1500 feet of property frontage included in this case, the owners of 900 feet have signed.,(Mr. & Mrs. 011enberger have given oral approval to the documents, but have not signed as yet) Mayor Giannini suggested that the Harbor Litigation Committee of the Council meet with those litigants who have not signed the settlement documents to discuss this matter. The Council and staff agreed with this suggestion. Mayor Giannini also suggested that the city consider giving the waterfront back to the State of California because of the high cost to the city in settling the litigation. Councilman Keiser stated that the harbor was a very important part of the economy of the city. She felt that when the Embarcadero improvements are installed, the city will experience an increase in revenue, both from rent and increased business in that area. Mayor Giannini felt that if the city had a strong case in this lawsuit, an adjudication should have been made in court. Councilman Mallery stated that the city could not change what has already been done, and at this point, he would rather have the city plan the development of the Embarcadero than the State of California. A-3 City Administrator * Corrected by minutes of April 22, 1969 11 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL April 8, 1969 (1) Mr. Little.advised the Council that the present lessee of the ten -acre parcel of property for the proposed city park had requested that he be allowed to plant a crop of beans to order to defray his costs. This crop would require an additional 90 to 120 days until harvest and Mr. Little recommended that the Council approve this request. MOTION: Councilman Mallery moved that this request be granted. The motion was seconded by Councilman Keiser and unanimously carried. (2) Mr. Little presented the Expenditure Report for the period March 16 through March 31, 1969 for Council approval. MOTION: Councilman Donohoo moved that the Expenditure Report for the period March 16 through March 31, 1969 be approved. The motion was seconded by Councilman Bickford and unanimously carried. (3) Mr. Little presented the Financial Report for the period July 1, 1968 through March 31, 1969 for Council approval. MOTION: Councilman Mallery moved that the Financial Report for the period July 1, 1968 through March 31, 1969 be approved. The motion was seconded by Councilman Donohoo and unanimously carried. (4) Mr. Little advised the Council that a change of grade will be necessary in the Elm Avenue and Bonita Street projectand lie requested Council authorization to begin Change of Grade Proceedings. MOTION: Councilman Donohoo moved that staff be authorized to proceed with Change of Grade Proceedings for the Elm Avenue and Bonita Street project. The motion was seconded by Councilman Mallery and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS: B-1 Report on the formation of the Water Advisory Committee Mr. Little advised the Council that the response by the committee members has been excellent. The first meeting was held on Wednesday, April 2. Jack Surfluh was elected Chairman, Bob McConaghay was elected Vice Chairman,and Mr. Little was appointed Secretary. The committee discussed water problems and decided to assist the City Council in securing additional well sites to assure an adequate water supply until such time as supplemental water sources become available. The committee has asked Robert Born, County Hydraulic Engineer, to present a report on the progress made by the county in the exploration of water supplies in this area. MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL April 8, 1969 UNFINISHED BUSINESS: C-1 Request of owner of Cypress Trailer Park for change in storm drain manhole Mr. Little reviewed the request and advised the Council that at the time the installation was built, it was anticipated that sidewalks would be installed in the area of the manhole. The city had no way of knowing that the existing structures would be demolished and drastic changes would be made. He cited a similar situation in which the property owner was required to make the necessary changes and the city had no responsibility in the matter. He noted that it is the opinion of the City Engineer, the Acting Director of Public Works, and the City Administrator that the city does not have the responsibility to change this installation to make it possible for a driveway to be built over the storm drain basin. MOTION: Councilman Mallery moved that if the owner intends to install a driveway, the responsibility is hers to make the necessary changes, under the supervision of the city. The motion was seconded by Councilman Bickford and unanimously carried. C-2 Report on possibility of additional well sites on property owned by Mr. and Mrs. Gary Williams Mr. Little noted that the Water Advisory Committee felt that this type of project was top priority. He stated that he had con- tacted Mrs. Williams and advised her that it would be necessary to reach a rental agreement before the city would do any test drilling on the property. Further discussion was held regarding the proposal made,by Mr. and Mrs. Williams. No Council action was taken at this time. C-3 Proposed parking plan for the Embarcadero Mr. Little stated that the Council members had reviewed a mock-up of the proposed plan at their adjourned regular meeting, on April 1. No decisions were reached at this meeting, but the' Council had an opportunity to see how this parking plan would effect the flow of traffic on the Embarcadero. He stated that if this type of parking meets with Council approval, the city could proceed with the engineering plans. He suggested that the city install improvements which would allow either diagonal or parallel parking. Councilmen Donohoo and Bickford felt that this proposal was the best of those submitted by the Planning Commission. Councilman Mallery agreed that it was the best plan submitted, but suggested cutting the width of the sidewalks by one foot on each side. This would allow an additional two feet for the roadway. After further discussion, the following motion was made: MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 8, 1969 Page Six MOTION: Councilman Mallery moved that the city approve a sidewalk of 416" on the west side and 5' on the east side and proceed with the preliminary plans. The motion dies for the lack of a second. MOTION: Councilman Donohoo moved that the city approve 5' sidewalks on both sides and proceed with the preliminary engineering plans for the Embarcadero. The motion was" seconded by Councilman Keiser. Roll call vote: AYES: Councilmen Bickford, Donohoo, and Keiser NOES: Councilman Mallery and Mayor Giannini Mayor Giannini asked if the city would accept proposals from engineering firms other than Garing, Taylor and Associates. Mr. Little stated that this might be possible; however, the City Engineer would have the responsibility of supervising the development of�the plans. Mr. Madden stated the city was free to ask for other proposals; however, the difficulty is in comparing the proposals since they will seldom if ever be comparable. He noted that a great deal of, the most costly engineering work has been done. Councilman Bickford felt that the city should explore the matter further before asking for other proposals. Lengthy discussion was held relative to setting a dollar limitation on the contract and the city's obligation to spend in excess of $175,000 on this project. Councilman Mallery suggested that the engineering firms be contacted and advised of the city's plans. Mr. Madden suggested that the Council members contacted by firms wishing to submit proposals present the names of the firms to Mr. Little, and that interviews be scheduled with members of the Council present. C-4 Resolution authorizing sale of bonds (Assessment District No. 5) Mr. Little advised the Council that no bids have been received for these bonds. He requested that the Council authorize a two week extension of time for the receipt of bids. MOTION: Councilman Mallery moved to postpone receipt of bids until 2:00 p.m. on April 22, 1969. The motion was seconded by Councilman Donohoo and unanimously carried. NEW BUSINESS: D-1 Request for approval of sublease on Lease Site No. 137 (Grill to Elkins) MINUTES - MORRO Regular Meeting Page Seven Mr. Little approval of the William Elkins. BAY CITY COUNCIL April 8, 1969 read the request from Mr. and Mrs. Crill for sublease on Lease Site No. 137 to Mr. and Mrs. MOTION: Councilman Donohoo moved that the request of Mr. and Mrs. Crill be approved. The motion was seconded by Council- man Mallery and unanimously carried. D-2 Salary recommendations and personnel requirements for fiscal year 1969-70 D-3 Assessed valuations and revenue estimates for fiscal year 1969-70 D-4 Preliminary departmental budget for fiscal year 1969-70 (set dates for budget hearings) Mr. Little asked that the Council set dates for these budget hearings and determine which departmental budgets will be considered at each hearing. MOTION: Councilman Mallery moved that the Council set Friday, April 25; Monday, April 28; Friday, May 2; and Friday, May 9 for budget conferences. The motion was seconded by Councilman Bickford and unanimously carried. Councilman Keiser asked that Parks and Playgrounds budget be considered first because of the pending lease with P.G.&.E. for the proposed city park. ' Councilman Mallery felt the Council should set priorities such as: (1) water, (2) streets, (3) planning and zoning, (4) sewers, and (5) parks and recreation. He suggested that $200,000 be set aside for water development and distribution. MOTION: Councilman Keiser moved that parks and playgrounds be considered at the first budget conference. The -,motion was seconded by Councilman Bickford. Mr. Hugh Case commented on the spending of1money on property leased from P.G.& E. rather than on property owned by the city. He was informed that he would be scheduled on the agenda for the next meeting, at which time he could discuss this matter further. Discussion was held relative to the length of time speakers should be permitted to comment on agenda items. Roll call vote on motion made by Councilman Keiser. AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Giannini NOES: Councilman Mallery Discussion was held concerning the order of discussion for department budget requests during the budget conferences and the length of time involved. The City Administrator was directed to prepare a suggested agenda for these meetings. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 8, 1969 Page Eight D-5 Request of Morro Dunes Resort Campground for lease of additional property Mr. Little read the request of Morro Dunes to lease additional land to the rear of the trailer park for a trailer storage area. The proposal included raising the minimum yearly lease by $400 or 7 1/28 of the gross, whichever is greater. Mr. Robert Mills advised the Council that this additional area consists of 22,240 square feet, which would accommodate 50 trailers. He noted that it would require two years' time to amortize the initial investment on the part of Morro Dunes.. Mr. Little advised the Council of the drainage problem involved in this area and the possibility of damage resulting to the city sewer plant from rain water rrun-off from the trailer park. He suggested that this matter be investigated further before the Council makes a determination. MOTION: Councilman Donohoo moved that this matter be referred to staff for a report back to the Council at the next meeting. The motion was seconded by Councilman Bickford and unanimously carried. CORRESPONDENCE: 1. Suggested proclamation for Public Schools Week from San Luis Obispo County Superintendent of Schools. 2. Letter from Richard F. Rice relative to police practices in City of Morro Bay. 3. Notice of change of meeting time from San Luis Obispo County and Cities' Area Planning Coordinating Council. 4. Letter from Assemblyman Ketchum relative to city's opposition to Assembly Bill 374. 5. Letter from L. A. Balatti of Pacific Telephone and Telegraph Company relative to application for extended area service in county. 6. Letter from Vernon Sturgeon for Governor Reagan acknowledging receipt of resolution relative to prohibition of oil drilling operations along San Luis Obispo County coast. 7. Letter from Senator Grunsky relative to resolution to prohibit oil drilling along county coast. 8. Agenda of Harbors and Watercraft Commission meeting of April 21st. 9. Letter of resignation from Mrs. Isabel Domenghini. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 8, 1969 Page Nine MOTION: Councilman Donohoo moved that the Council accept this resignation with regret. The motion was seconded by Councilman Bickford and unanimously carried. Discussion was held relative to the preparation of a press release announcing the vacancy on the Parks and Recreation Commission. Council directed staff to issue this press release. Discussion was held relative to the methods to be used in selecting a new member for this commission. 10. Letter from Neil Moses concerning the termination of the Pipkin litigation. Discussion was held between members of the Council and staff relative to this letter. Mr. Madden advised the Council that he was not in a position to answer some of the questions asked by Mr. Moses since he had not been City Attorney at the beginning of the litigation. The Council discussed the litigation at length. MOTION: Councilman Bickford moved that the discussion be closed. The motion was seconded by Councilman Donohoo and unanimously carried. 11. Letter from Chamber of Commerce expressing appreciation to Morro Bay Harbor Patrol for help rendered during the First Annual Oyster Festival. 12. Notice from California Marine Affairs Conference requesting support of city by passage of resolution. Mr. Little requested Council authorization for the preparation of this resolution to be presented at the next meeting. The Council agreed. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Bickford and unanimously carried. ADJOURNMENT: MOTION: Councilman Bickford moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting was adjourned at 10:41 p.m. Recorded by: M. J. LITTLE, City Clerk By: Carol n L. Wentzell 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 Tuesday, April 1, 1969, at 4:00 p.m. in the office of the Morro Bay Department of Public Works, 1275 Embarcadero, Morro Bay, California, to consider the following matter: Vehicle parking design for proposed Embarcadero improvements Dated: March 26, 1969 •• + aauu, 1,1 .y 1.1 CiK City of Morro Bay, California CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING March 25, 1969 7:30.P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance' Invocation Roll Call MINUTES 1. Regular meeting of March 11, 1969 2. Executive meeting of March ll, 1969 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator HEARINGS, APPEARANCES, AND REPORTS B-1 Report on proposed P. G. & E. Park UNFINISHED BUSINESS C-1 Resolution fixing date of bonds and directing publication of official notice inviting bids for purchase of bonds, Assessment District #5 C-2 Resolution approving agreement for re -alignment of the Embarcadero at Dunes Street C-3 Resolution approving assignment of lease from Frank Brebes and Naomi Brebes to Pierpoint Landing, Inc. . C-4 Resolution granting Use Permit to Winifred C. Brown for Waterfront Lease Site No. 18 C-5 Resolution requesting the Board of Supervisors of the County of San Luis Obispo to support legislation prohibiting offshore oil drilling operations along the San Luis Obispo County Coast C-6 Resolution requesting the legislature of the State of California. to enact legislation prohibiting offshore oildrilling operations along the San Luis Obispo County Coast C-7 City Street Sweeper requirements C-8 City Council Standing Committees NEW BUSINESS D-1 Resolution approving grant of Use Permit to the Kiwanis Club of Morro Bay -Estero to conduct Easter Sunrise Services. D-2 Review of Golden Tee Marina Development Plans CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council meeting: April 8, 1969 2. Planning Commission meeting: April 1, 1969 r MINUTES - MORRO BAY CITY COUNCIIi Regular Meeting March 25, 1969 7:30 p.m. Morro.'Bay Recreation Hall The meeting was called to order at 7:28 p.m. with the -Pledge -'of, Allegiance. Mayor Giannini gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Donohoo,. Keiser;'.Mallery, and Mayor Giannini ABSENT: None MINUTES: The minutes of the regular meeting, of March 11, 1969 and the executive session of March ll,•1969 were considered'by the Council., Councilman Mallery noted that his motion recorded in the, minutes of the executive session should include .the words."minimum of fair market value" immediatelypreceeding,the words "as 'set;by the City Council". MOTION: Councilman Donohoo`moved;that-the minutes be approved - as corrected. The motion.was seconded by Councilman- Mallery and unanimously.carried., INDIVIDUAL DETERMINATION AND/OR ACTION: A=1 City Council (1) Mayor Giannini announced that he had -made the -following appointments to the water committee: Jack Youngs,, Jack Surfluh, Dan Stack, Neil'Moses, and Robert Mc.Conaghay. Mayor Giannini advised the'Council'that he had discussed :the appointment, with each 'individual and they had indicated a;willingness.to serve on this committee. MOTION: Councilman Donohoo moved that,..the.Counci-1 approve the appointment of this committee. The -motion was.seconded'. by Councilman'Mallery and unanimously carried., Discussion was held regardirig•the fact"that no members of the previous water committee had been appointed to this committee. Mayor Giannini noted that he had contacted various members of the old committee and they had informed him -they would -not be able. to serve in this capacity. Councilman Mallery suggested that" three members of the former committee (Earl Roberts, Mr.. Ed•Caccia, and Louis Domenghini) be asked to attend the first meeting'of- the.new committee in an advisory capacity. (2) Mayor Giannini noted that he had received severald'phone calls during the past few weeks from people who still , have septic tanks within the city and are experiencing problems 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 251R1969 . Page Two - • since the heavy rains..'He-advised the Council that he had informed. Mr. Ridgway of the County Health. -Department and the matters.had been taken care of by the county." He noted his surprise' that there were still people within the community who were not using'the..sewer .•. service and _suggested that septic tanks be. banned in the city. Mr. Little advised the Council'that'since no.records were,kept,. the city has no way of knowing who'does not have sewer service. and the city has no specific ordinance banning septic tanks in the city. ; Discussion was held :regarding the necessity of reporting matters such as this to the City Administrator for action rather than involving the. County Health Department. (3) Mayor Giannini noted that the south channel was filling iri rapidly and suggested that the city notify the Corps of Engineers and ask that they.inspect the channel. Mr. Little advi'sed•the.Council that staff was aware.of this con- dition and would take the necessary steps to make 'sure that. -the,,. Corps of Engineers were 'also.aware of this matter.. (4) Mayor Giannini noted that problems have arisen.in" the'' - settlement of'the pending litigation. MOTION: Councilman Donohoo moved that the'*Council not discuss any litigation in the absence of -the City Attorney.:., The motion was seconded•by.Councilman Keiser.. Roll' call vote: AYES: Councilmen Bickford, Donohoo, Keiser,,and Mallery NOES: Mayor Giannini (5) Mayor Giannini suggested that staff check into the status of the streets in•north Morro Bay. He felt perhaps there was an implied dedication on the part of the -Board of Supervisors regarding these streets. Mr. Little noted that the:only area i•n question was Atascadero. Beach.and he would do some research on the matter. (6)' Mayor Giannini, suggested_ that the Council send a letter ; of appreciation to.the.Corps of.Engirieers'for,the work done in the city since the'recent.stormsi Mr. Little indicated that this would be'done by staff.' (7) Councilman Bickford. advised the members of the.Couhcil that the League of California Cities•Commi.ttee on'Tidelands will meet in Los Angeles on:March 27th"to review.various bills concerning, tidelands litigation. He regVest'ed that the -Council grant authoriz- ation for his travel expenses for this meeting. MINUTES MORRO BAY CITY COUNCIL -Regular Meeting March 25, 1969 Page Three MOTION: Councilman Donohoo moved that Councilman Bickford be . authorized to attend this meeting and that travel'.' expenses be paid'by the city'. The motion was seconded . by Councilman Mallery and unanimously,carried., (8) Councilman. Keiser noted that an article had appeared in the Telegram -Tribune concerning the property talc relief payment and.exemption. She felt that many :people in the community have not ;taken advantage of 'this' and; suggested that the: news media bring the.`matter.to the attention of the public!. (9) Councilman Mallery stated• that he had been'working•with the abalone people fora, number of years in their fight' with the Fish and Game Department in trying_to,,resolve the conflict between the sea otters and the abalone Industry. He noted -the presence of numerous sea otters. in the vicinity of Morro Bay,and. advised the Council of.his concern with the'harm'already done to'. the abalone industry of Morro Bay'by,these creatures.. He -felt . the Council and the public should belconcerned with keeping: the sea otters in the primitive`are.as'where they.oan live sincethey, " will die in civilization. • t i A=2 City Attorney- Mr. Madden was not present'at this meeting A-3 City Administrator (1) Mr. Little' presented `a request for transfer 'in - the amount` of . $11,'162.00, from the reserve fund to the operating.''_ account. He asked,fQr. Council approval of this transfer.-:" The transfer included_$1,962.00 for work done.by Layton,Tree,Service in pruning trees on San Jacinto'Street. Councilman Mallery'.asked if.this work.had been put out for bids: He -rioted th'at"he had been, approached by a representative of Arbor Tree Surgery who advised him that they had not been contacted and asked to.bid on this project. Mr. Little advised the Council that since it is.,very difficult -to draw up specifications for'.a job such as this,, and since the city has dealt with Layton Tree Service for some.time', the contract'was given to Layton Tree Service. Councilman Mallery noted his concern because this had not been put out for bids and also stated that he was concerned about the ,cost of future maintenance of'trees within the city.. MOTION:' Councilman Donohoo.moved that the req-i.ie'st',for_,trinsfer,, of funds in the amount of $11,162.00 be.',approved The ' motion was seconded by Councilman Mallery and unanimously' carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 25,,'1969 . Page Four (2) Mr. Little presented.the Expenditure'Report'for the period March 1 through March 15,• 1969 for the approval of the• Council. MOTION: Councilman Donohoo moved that the Expenditure Report for the period March 1 .through March 1'5,';. 1969 be - approved. -The motion was seconded by Councilman Bickford and unanimously carried._,..' (3) Mr. Little advised the Council of the wbrk'done-by the; Corps of Engineers to correct damage from the recent storms. Several weeks ago, the city requested that a -government agency do remedial work on'this'damage.The Office of Emergency Preparedness has authorized.'this additional work which was•requested; and, in addition, has waived putting the work out to,bid•in order.to .' avoid costly delay: The Corps of Engineers requested permission from the Office of Emergency'Preparedness, the,.request was approved, and construction is to begin immediately.. Mr. Little suggested.. that Council direct staff -,.to also thank the Office of Emergency,.. Preparedness since they gave authorization to the Corps of - Engineers' to proceed with the work.-,,.- - The,Council agreed with Mr. Little's suggestion. (4) Mr. Little advised .the Council that the.•proposed parking plan,for the,Embarcadero has been set up for demonstration according to the direction given by the.Council on.February ll,.1969. He suggested that the'Council consider adjourning this meeting 'to another meeting for th& purpose of reviewing. this; demonstration.. The Council members agreed,to adjourn this meeting.to Tuesday;'.` April 1, 1969 at 4:00 p.m..at the Public Works Office. (5) Mr. Little advised the Council that negotiations. had been••_ entered into, at the direction'of the Council, with the Ashursts'for, two wells leased by the'city: .Council gave preliminary approval.of the lease document drawn up by staff and the lease was •sent,.,to the Ashursts. Since that time,'the,Ashursts have::asked that the city draw up two leases, one, for each,well. This was done, and now they .have requested certain other changes•to the documents,before they will sign. .Perhaps the. most significant change involves the"agree= ment with Robert. Ashurst.which_would increase the`rent from $262.50' per year to $399.96 per,year'Mr. Little suggested that approval be given by the Council for these changes since'the city needs the - water from these wells. Discussion was held regarding: the necessity of these wells and the right of the.city to cancel the agreements if the city determines that it is not economical to operate the wells:. MOTION: Councilman Mallery-moved that, the. Co'unc'il''approve these.. agreements.: The motion was'seconded by',Councilman Bickford and'unanimously carried. MINUTES - MORRO BAY CITY,,'COUNCIL- Regular Meeting March 25, 1969 Page Five _ HEARINGS, APPEARANCES, AND REPORTS:, B=1 Report on proposed P.G.& E. Park Councilman Keiser reported that.the city has. been offered a lease "rent free" for a 10-acre parcel of property,owned by P.G.& -E..'This lease would be offered with certain stipulations concerning the planned development'of the.park. She introduced Mr. A..C. Smith, District Manager of P.G.& E., who advised the Council that his,. company would like to:know that the land will be developed .and the plans will be completed•_on a reasonable time schedule. 1 Councilman Keiser stated she was very grateful for this offer and felt sure that the city was going to accept.it. She.noted that she had been informed by the City.Finance Director that if the city used 2G of the tax dollar'for,this purpose, it would amount to approximately $8,400 per.year,for the development of this.park. She also noted that many civic organizations would. be interested in helping plan.the park development: Councilman Mallery stated that it would require a fairly large.,; amount of money to finance this development and noted his concern''' about the odor from the sewage treatment plant which'is located near the proposed site. .He felt that the.city is .faced with water and street problems which should take priority'over 'ark develop .ment. Councilman Mallery felt that any major expenditure for this purpose should be put on'the ballot and let the people of the community decide if they wish to�finance the +project. He'felt the money should not be taken out of general .funds for this purpose. Councilman Keiser.noted her concern that the Council should begin . planning now for future parks and recreational facilities. . Councilman Bickford asked how soon'staff could produce a cost. estimate on this type of development to.meet with the minimum - requirements of P.G.& E: Mr. Little stated that P.G.& E. was concerned :that the•city.set .'.up' a schedule for .the development of this site and suggested that this development be done over a period of,years.. " Mayor Giannini noted his 'approval of 'the park and felt ,there."would' be a great deal of community participation in the development plans. . Harold Wieman, Chairman of the Morro Bay Parks and.Recreation.' Commission, commented on the proposed project. He'noted that the Commission had been studying the matter and had.some definite suggestions for the development of the land. He felt the land: was ideal and would serve the community very well. He noted that many'cities are 'faced with the problem of failure to set aside; sufficient property for recreational purposes. He also felt that the project would receive a great deal of volunteer help from the citizens.of.the community'. Councilman Mallery stated that he was in favor of a park,`but'..' ,was objecting to the method;of financing the development. ' MINUTES - MORRO BAY..CITY COUNCIL,. ; Regular Meeting March;25; 1969 Page Six MOTION: Councilman Keiser moved that staff work with P.G.& E.'•' to come up with some.type of. lease and work along`' with-the.Recreation Commission to comeup with a plant, and the approximate cost of the development. The; motion was seconded by Councilman Bickford and unanimously carried by roll -call -vote. UNFINISHED BUSINESS:. C-1 RESOLUTION NO. 35-69. RESOLUTION FIXING DATE OF BONDS AND " DIRECTING PUBLICATION OF OFFICIAL NOTICE INVITING BIDS'FOR PURCHASE OF BONDS', ASSESSMENT DISTRICT'NO. 5., CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY,, CALIFORNIA MOTION: Councilman Mallery moved that Resolution Noc 35-69 be. read by title only. The motion,was.�seconded by Councilman Bickford and unanimously carried.. Mr. Little read Resolution'No. 35-69.by'title only. MOTION: Councilman Mallery moved for the adoption of'.Re'solution No. 35-69. The motion was. seconded by Councilman Donohoo, and unanimously carried by.roll call Vote, C,-2 RESOLUTION NO.'.36.-69.. RESOLUTION APPROVING.AGREEMENT'FOR - PURPOSES OF ROAD ALIGNMENT MOTION: Councilman Donohoo moved that Resolution No. 3`6>69 be read by title only.. The motion was seconded by.Council- man Keiser and unanimously,carried: Mr. Little read Resolution,No. 36769 by'title only. MOTION: Councilman Bickford moved for the adoption of Resolution,. No. 36-69.,'The motion was seconded by` Councilman Mallery" and unanimously •carried by roll, ca:1l _ vote-.. C-3 RESOLUTION NO.'37-69. .RESOLUTION.APPROVING ASSIGNMENT OF. LEASE FROM FRANK BREBES AND NAOMI L. BREBES;TO PIERPOINT LANDING,.INCORPORATED MOTION: Councilman Donohoo moved •that Resolution No, 37-69„be read by title. only,., The motion was -seconded by Council man Keiser 'and un'aimous.lycarried. - Mr. Little read Resolution No'. 37-69:by..title 'only. MOTION:. Councilman Donohoo moved,for,the adoption of Resolution No. 37-69. The motion was sec onded'by'Councilman Keiser and unanimously carried.by roll call vote.. C-4 RESOLUTION NO. 38-69. RESOLUTION GRANTING USE PERMIT'.TO. WINFRED C. BROWN FOR WATERFRONT LEASE SITE.40."'18 MINUTES = MORRO BAY CITY COUNCIL Regular Meeting March'25 1969 Page Seven MOTION: Councilman Donohoo moved'that Resolution No. 38-69 be read by title only.,' The motion was seconded by Councilman Keiser and.unanimously carried., Mr. Little read Resolution No..38-69 by title only. MOTION: Councilman Mallery moved for the adoption of Resolution - No. 38-69. The.motion was seconded.,by Councilman•,- Donohoo and unanimously carried by'roll'.c k l vote: C-5 RESOLUTION NO. 39-69. RESOLUTION REQUESTING THE..BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO`SUPPORT. LEGISLATION PROHIBITING -OFF. -SHORE OIL DRILLING OPERATIONS ALONG THE SAN LUIS.OBISPO COUNTY COAST. " C-6RESOLUTION NO. 40-69. RESOLUTION REQUESTING THE 'LEGISLATURE -OF THE STATE OF CALIFORNIA TO ENACT LEGISLATION•PROHIBITING OFF- SHORE OIL DRILLING OPERATIONS ALONG THE SAN LUIS OBISPO COUNTY• COAST. Mr. Little read.Resolutions No..39-69 and 40-69 in their entirety:' for the benefit of those present, MOTION: Councilman Mallery moved for the adoption oT Resolutions No. 39-69 and 40769'. The motion was seconded by Council- man Donohoo and unanimously, carried by:roll call vote.,.. Mr. Little suggested that copies• of thesaresolutions be sent to each of the cities within.the county. The Council agreed. C=7 City street sweeper'requirements.,. d Mr. Little asked that this.matter be.deferred'until the'budget sessions.. The Councii.ag-reed. C=8 City Council standing committees Councilman Mallery noted that the: -Council had discussed this matter ` at the previous meeting.; however; action was'delayed'until the full Council was present. He cited examples of the.functions ,of the proposed committees and'again noted his feeling that standing committees should be'appointed''over.each of the departments. ,The committees would work with the department heads in order 'to help. the city government function -better. He also suggested rotating_, these committees or at least rotating one member of the•committees . at a time. Councilman Bickford agreed that -this suggestion, was a•valid one because'it would help to acquaint Councilmen with"specific problems within the city. He supported the idea but feit that the only,,,''. limitation on the•committee work wasthe amount_ of, time,and effort ' the individual Councilmen were able to spend. Mayor Giannini felt'that if the'city has capable department head's, it would not be proper for.the Council to'direct'them in their,. duties. He felt••that`anytime" a problem arises, the'�department,` MINUTES - MORRO BAY CITY COUNCIL. - Regular Meeting March 25,, '1969 Page Eight head can ask a qualified'person on the Council' -for advice'. Lengthy discussion was :held'rega`rding'the necessity'for•City Council 'standing committees and their functions.'. MOTION:. Councilman Mallery moved -that the Council establish. committees. based -:on the same rules -and. quideli•nes- used. for the Audit and' Finance Committee: One committee would be appointed for the'Public Works Department and one for the Police `and,Fire Departments combined.. . This would make a.total-of three committees (including the Audit and Finance Committee) and each committee would consist of two members of the Council. The committee members would•be,,*rotated from time to,time.:' Councilman Donbhoo.amended.the motion'to exclude the' rotation of committee'members'.and to have•the,terms' of the committee members expire on the date of the next election. .. Councilman Mallery accepted the amendment and Council man Donohoo seconded• the motion': Roll' call vote: AYES: Councilmen Bickford,'Donohoo,'Keiser, and Mallery:. NOES: Mayor Giannin NEW BUSINESS: D-1 RESOLUTION NO. 41-69. RESOLUTION APPROVING`GRANT OF -USE' -PERMIT TO THE KIWANIS CLUB.OF MORRO BAY-ESTERO TO CONDUCT EASTER SUNRISE SERVICES. MOTION: Councilman Donohoo moved that Resolution No. 41-69 be`.` read by title only, The mo.tion'was seconded by Council man Keiser and unanimously.carried. Mr, .Little read Resolution No. 41-69 by title only: MOTION: Councilman Donohoo:moved for,the adoption of -Resolution,. No. 41-69. The motion was seconded.by.-Councilman Mallery and unanimously carried by roll call vote. D-2 Review of Golden.Tee Marina Development plans Mr. Little advised the Council that the Golden Tee has requested that their plans for the floating docks be approved by.the City'Council ' in order that they might be forwarded to the Corps of Engineers for approval. The area of water used.by.these docks is Phase 2 according to .the lease for the Golden Tee. 'Payment on this portion of..the . lease will begin as of June 1, 1969. This plan has been accepted . by the Planning.Commis'sion and'Mr'.'Little recommended that the installation be approved.- He noted that it was tentatively approved by the former Council when the 'lease was negotiated. MINUTES - MORRO BAY.CITY.COUNCIL, Regular Meeting March 25, 1969 Page Nine MOTION: CouncilmanMallery moved that the Council approve -the Golden Tee plans as approved by the Planning Commission., The motion was seconded by Councilman:Bickford and unanimously,carried. CORRESPONDENCE: 1. Letter from the Morro Bay Junior-Senior.Highr'School PTA ..'requesting a waiver of -the city license fee fora "Flea Market" sale. MOTION: 'Councilman'Donohoo moved that:the license fee be.waived.. The motion was.seconded by Councilman Bickford and unanimously'carried.` 2. Letter from Mrs. L. Mari.'an Muel•lich concerning.a"storiri catch basin near the-Cypress.Trailer Park.. - Mr. -Little noted that this basin is'locate'd on city right-of-way, and make's it impossible for Mrs. Muellich to.install.a driveway.,` leading into the trailer park. The owners have been advised by the Director of Public Works, the City Engineer, and the. City Administrator that the city has no obligation to:change the.basin,.' but Mr. Little asked for some direction.from the'Council,as to how to proceed. The Council members directed -,staff to investigate the matter further And include, it as an itein.for the.next agenda. 3. Letter from Robert H. Born, County.Hydraulic.Engineer,.advising the Council that.a city..employee, Albert Copeland,' has completed a special one -day Clorination and Chemical'Metering .Equipment Training Course and -enclosing a'certificate t'o'be presented to ' Mr. Copeland. 4. A copy of a letter to the editor of Audubon magazine from Bill. Harwood; editor of the Sun, concerning erroneous information in the article entitled "Moving Day for.Sea Otters". 5. • Letter from Bill 'Hart and other signatories concerning their - disapproval of Council -actions, 6. Request from Bulletin for half of the city's legal advertising. MOTION:. 'Councilman Mallery 'moved that this matter b'e.ref'erre3 to� : the City Attorney and -staff for a comprehensive study and report back to the Council. The motion was seconded by.Councilman Donohoo and unanimously carried. 7. Letter from John P. Quimby re legislation regulating the apparel worn by employees of establishments that ,serve food and.beverage. 8. Letter from Mr.' & Mrs. 'Gary Williams relative to the,.possibility' of negotiations.for city wells sites on their property. I MINUTES - MORRO BAY CITY COUNCIL :- Regular Meeting March'25, 1969 Page Ten' MOTION: Councilman Mallery moved.to direct staff to discuss this and investigate the possibilities of.negotiations for'.' some well sites on this -property. The motion 'was seconded by Councilman Bickford and unanimously carried: ADJOURNMENT: MOTION: Councilman Donohoo moved that the meeting be adjourne& to Tuesday, April 1, 1969'at 4:00 p.m:. in the, Public Works Department office. The motion was seconded by Councilman -Keiser and unanimously carried. The'meeting was adjourned at'10:15'pm" Recorded by: M.J. LITTLE, City Clerk By:. Carolyn L. Wentzell Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING March 11, 1969 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of February 25, 1969 2. Adjourned regular meeting of March 3, 1969 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator UNFINISHED BUSINESS C-1 City Council standing committees C-2 Ordinance No. 77 (second reading) C-3 Resolutions approving changes in uses and name of tenant on lease for Lease Sites 96 and 96W, Richey NEW BUSINESS D-1 Resolution approving grant of Association D-2 Resolution approving a budget D-3 Memorandum from City Attorney recommendations re Brown lease CORRESPONDENCE ADJOURNMENT Use Permit to Morro Bay Art calendar for 1969-70 fiscal year and City Administrator with CALENDAR 1. City Council meeting: March 25, 1969 2. Planning Commission meeting: March 18, 1969 • 1 • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 11, 1969 7:30 p.m. Morro Bay Recreation Hall Themeeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Mayor Giannini gave the invocation. ROLL CALL: PRESENT: Councilmen Donohoo, Keiser, Mallery and Mayor Giannini ABSENT: Councilman Bickford MINUTES: The minutes of the regular meeting of February 25 and the adjourned regular meeting of March 3, 1969 were considered by the Council. MOTION: Councilman Keiser moved that the minutes be approved as written. The motion was seconded by Councilman Donohoo and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION: A-1 City Council (1) Councilman Keiser expressed her concern over the absenteeism prevalent within the city commissions. She noted that according to city ordinance, the absence of a member from three consecutive meetings without the formal consent of the commission shall be deemed to constitute the voluntary resignation of such absent member. MOTION: Councilman Keiser moved that the City Administrator be directed to send a letter to each of the commission members informing them of this clause dealing with absenteeism. The motion was seconded by Councilman Donohoo and unanimously carried. (2) Councilman Keiser noted that Senator Donald Grunsky has introduced a bill to prohibit oil exploration on state lands extending along the coast line in Monterey County as far as the San Luis Obispo County Boundary. She also noted that the Board of Supervisors of San Luis Obispo County has called for the preparation of a resolution requesting a moratorium on coastal oil drilling rather than prohibition. MOTION: Councilman Keiser moved that staff be authorized to prepare two resolutions, one to the County Board of Supervisors and the other to the legislators, asking that oil drilling be prohibited on state and federally controlled lands along the San Luis Obispo County coast line. The motion was seconded by Councilman Mallery and unanimously carried. (3) Councilman Mallery asked that the Council dissolve the Airport Committee since it was not created as a standing committee and has reached a point where land purchasing and funding for the airport would be the next step. MOTION: Councilman Mallery moved that the City Council dissolve the ad hoc committee for airport study. The motion was seconded by Councilman Donohoo and unanimously carried. -2- (4) Councilman Donohoo noted that Assembly Bill 374, "Police and Firemen's Retirement Action" which provides for retirement at age fifty without regard for term of service performed. He noted that the League of California Cities has indicated that this would double pension and retirement costs for the city. He felt that the City of Morro Bay was not in a position to assume this added cost and could not agree with the idea that a policeman over fifty years of age could no longer perform his duties effectively. MOTION: Councilman Donohoo moved that the City Council adopt a resolution opposing this bill and that copies be sent to the State Senators, State Assemblymen, the Governor and to the League of California Cities. Councilman Mallery suggested amending the motion to include sending a copy to each of the cities within the County of San Luis Obispo. The amendment was accepted by Councilman Donohoo. The motion was seconded by Councilman Mallery. The City Attorney suggested that this be done in the form of a letter sent by the City Administrator or the Mayor in order to expedite the matter. Councilman Donohoo amended his motion to read that the Mayor and City Administrator be authorized to handle this matter by correspondence. Councilman Mallery accepted the amendment. >The motion was unanimously carried. (5) Mayor Giannini noted that he had received several complaints from fishermen using the city pier regarding the lack of electrical service. Mr. Little explained the steps being taken to correct this situation and noted that it would be taken care of as soon as possible. (6) Mayor Giannini noted that he had received many inquiries regarding the matters discussed by the Council in executive session on March 3, 1969. He asked that the City Attorney give an oral report on this meeting. Mr. Madden advised the Mayor that he would do so. A-2 City Attorney (1) Mr. Madden reported that all the documents necessary to have the Pipkin case resolved by Stipulation for Judgment have been prepared. He noted that over one half of the parties plaintiff have signed the Boundary Agreement at this time. The case is concluded for all practical purposes for those people who have signed. Mr. Madden also reported on the Green -West Acres lease which is in default for non-payment of rental at this time. He noted that the City Council has, in the past, suspended payment of rentals until the Pipkin case is completed. However, a request for further suspension of payment has been denied by the Council and Green -West Acres has not complied by paying the rental. The city has a standing offer of settlement which is to refund rent which the city has received from Green -West since incorporation. Mr. Madden stated that a final decision on the part of the city is going to have to be made within the forseeable future since this lease is in default. Mayor Giannini felt that the city's position at this time should be that the rent must be paid. Mr.Madden stated his recommendation that the city proceed to get the Pipkin settlement documents finalized and then review the other lease matters. -3- (2) Mr. Madden informed the Council that he had prepared an agreement for the re -alignment of Dunes Street contemplated in the harbor improvements. This agreement would grant a portion of the northwest corner of Witt's property for street purposes and the abandonment of property adjacent to the northeast portion of the Witt land. He recommended authorization to prepare a resolution authorizing this agreement which would be presented at the next meeting of the Council. MOTION: Councilman Donohoo moved that staff be authorized to prepare such a resolution to be submitted at the next Council meeting. The motion was seconded by Councilman Keiser and unanimously carried. Mayor Giannini inquired regarding the results of the appointment of the committee to review Ordinance No. 37. Mr. Little advised him that Glenn Kleinhammer has agreed to comply with the require- ments of the ordinance rather than wait until an amendment could be prepared and approved by the Council. (3) Mr. Madden informed the Council that the city has received a request from Mr. Ray Gallo for approval of the assignment of the Brebes' lease to Pierpoint Landing, Incorporated. He recommended Council direction to prepare the necessary resolution. MOTION: Councilman Donohoo moved that the City Council approve in principle the assignment of the Brebes lease to Pierpoint Landing and that staff be authorized to prepare the necessary :iresblution- nThe motion was aeconded_byaCouncilman Keiser and unanimously carried. A-3 City Administrator (1) Mr. Little advised the Council that the Council members and the City Administrator have been invited to a no -host luncheon for the Women Peace Officers' Association of California aboard Tiger's Folly at 2:00 p.m. on March 22, 1969. Councilmen Donohoo and Keiser indicated they plan to attend this luncheon. (2) Mr. Little presented the Expenditure Report for the period February 16 through 28, 1969 for the Council's approval. MOTION: Councilman Donohoo moved that the Expenditure Report for the period February 16-28 be approved. The motion was seconded by Councilman Mallery and unanimously carried. (3) Mr. Little presented the Financial Report for the period July 1, 1968 through February 28, 1969 for the approval of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Report for the period July 1, 1968 through February 28, 1969. The motion was seconded by Councilman Keiser and unanimously carried. (4) Mr. Little presented an announcement from the Channel Counties Division of the League of California Cities for the quarterly meeting to be held March 29th in Santa Paula. Councilman Keiser indicated she planned to attend this meeting. -4- (5) Mr. Little requested Council approval and authorization for travel expenses for four Council members and himself to attend the League of California Cities Mayors' and Councilmen's Legislative Institute to be held in Sacramento during the month of April. MOTION: Councilman Mallery moved that the Council approve and authorize the travel expenses for this meeting. The motion was seconded by Councilman Donohoo and unanimously carried. (6) Mr. Little presented a request from Chief Holeman for approval and authorization for Sergeant Feierabend to attend the International Association of Identification seminar to be held in Anaheim on May 20 through 23. He recommended approval of this request. MOTION: Councilman. Keiser moved that Sergeant Feierabend be authorized to attend the California State Division of the International Association of Identification seminar. The motion was seconded by Councilman Donohoo and unanimously carried. (7) Mr. Little requested that a committee of the Council be appointed to study the duties and responsibilities of the Harbor Department, since some question has arisen as to whether the Harbor Patrolmen are to be classified as policemen. Councilman Mallery expressed his feeling that primarily these people should act as harbor patrolmen and not police officers. Councilman Donohoo felt the Council should not lose sight of the fact that if these employees were designated as police, it would involve a great deal of additional expense to the city in retirement, special insurance, etc. Mayor Giannini'felt that these employees should be left as harbor patrolmen and not policemen. Discussion was held regarding the present duties of the harbor patrolmen. Mr. Little indicated.he would like to pursue this matter further with the idea of having a definite harbor ordinance setting forth the exact rules and regulations for the harbor department. MOTION: Councilman Donohoo moved that the Mayor appoint a committee to work with staff and come up with some recommendations as soon as possible. The motion was seconded by Councilman Keiser. Mayor Giannini indicated that he and Councilman Bickford would serve on this committee since they were appointed to the harbor committee. Councilman Donohoo amended his motion to read that this matter be referred to the harbor committee. The amendment was accepted by Councilman Keiser and unanimously carried. (8) Mr..Little noted the problems involved in.tkeeping the city streets clean and litter -free. He advised the Council that the Acting Director of Public Works was requesting that the city purchase a street sweeper during the next fiscal year. Mr. Little agreed with this recommendation and asked that the council give consideration to buying a new street sweeper at a cost of around $16,000. He advised the Council that no additional employees would be necessary to operate this equipment. - 5- Councilman Donohoo noted his agreement with the necessity of sweeping the city streets, and stated he would like to see the city go ahead with this project. Councilman Keiser agreed. Councilman Mallery was not convinced that the city needs a street sweeper. He felt there were other things that were far more important and should have priority. MOTION: Councilman Donohoo moved that this matter be deferred until the next meeting for study as to cost figures, etc. The motion was seconded by Councilman Keiser and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS: None UNFINISHED BUSINESS: C-1k- City Council standing committees MOTION: Councilman Keiser moved that this matter be deferred until the next meeting until a full council was present. After further discussion, Councilman Keiser withdrew her motion. Councilman Mallery explained that he had requested that thisiitem be placed on the agenda and it had been deferred since he was not in attendance. He suggested that the Council consider appointing a Public Works Committee and a Fire and Police Committeeaand suggested that two members of the Council be appointed to serve on each of the committees. He also suggested alternating these committees occasionally to give the Council a better understanding as to the working of the individual committees. Mayor Giannini indicated he was not favorable toward the appoint- ment of too many committees. He did not feel they were necessary since they gave one or two people too much authority. He especially noted that the Audit and Finance Committee had taken over more responsibilities than the Council had intended when the committee was appointed. He felt that any recommendations should be brought before the entire Council and not just a committee made up of two members of the Council. Councilman Mallery felt that the Council should take a more active part in the affairs of the city and endeavor to relieve the City Administrator of some of his duties of this nature. Lengthy discussion was held regarding this matter MOTION: Councilman Keiser moved that this matter be deferred until the next Council meeting when a full Council is present. The motion was seconded by Councilman Donohoo and unanimously carried. C-2 ORDINANCE NO. 77. AN ORDINANCE AMENDING SECTIONS 5102, 5103.5, 5104.2.1, 5104.2.3, 5104.2.4, 5104.2.5, 5104.2.6, 5104.2.8, 5104.3.7, 5105.2.5, 5105.2.8, 5106.3, 5106.11, and 5106.15 of THE MORRO BAY MUNICIPAL CODE. (Second reading) MOTION: Councilman Donohoo moved that Ordinance No 77 be read by title only. The motion was seconded by Councilman Mallery and unanimously carried. Mr. Little read Ordinance No. 77 by title only. 0 MOTION: Councilman Mallery moved for the adoption of Ordinance No. 77. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote with Councilman Bickford absent. C-3 RESOLUTION NO. 31-69. RESOLUTION APPROVING CHANGING NAME OF TENANT ON LEASE (MARRIAGE) RESOLUTION NO. 32-69. RESOLUTION AUTHORIZING CHANGES IN PERMITTED USES ON LEASE SITE 96 AND 96W, RICHEY MOTION: Councilman Mallery moved that Resolution No. 31-69 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution No. 31-69 by title only. MOTION: Councilman Mallery moved for the adoption of Resolution No. 31-69. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote with Councilman Bickford absent. MOTION: Councilman Donohoo moved that Resolution No 32-69 be read by title only. The motion was seconded by Councilman Mallery and unanimously carried. Mr. Little.read Resolution No. 32-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 32-69. The motion was seconded by Councilman Mallery and unanimously carried by roll call vote with Councilman Bickford absent. NEW BUSINESS: D-1 RESOLUTION NO. 33-69. RESOLUTION APPROVING GRANT OF USE PERMIT TO MORRO BAY ART ASSOCIATION MOTION: Councilman Donohoo moved that Resolution No. 33-69 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Resolution No. 33-69 by title only. MOTION: Councilman Mallery moved for the adoption of Resolution No. 33-69. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote with Councilman Bickford absent. Discussion was held regarding the necessity?of the Art Associa- tion providing adequate insurance coverage for the city for this Art Show. D-2 RESOLUTION NO. 34-69. RESOLUTION ADOPTING A BUDGET CALENDAR FOR THE 1969-70 FISCAL YEAR MOTION: Councilman Mallery moved that Resolution No. 34-69 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. • 0 Mr. Little read Resolution No. 34-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No.34-69. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote with Councilman Bickford absent. D-3 Memorandum from City Attorney and City Administrator with recommendations re Brown lease. Mr. Little noted that his lease expires June 30, 1969. Hem advised the Council that it was his recommendation and that of the City Attorney that Mr. Brown be given a three-month Use Permit to expire September 30, 1969 with a rental of $265.83 per month, payable in advance. This would give the city time to adopt a lease policy. Mr. Little requested authorization to prepare the necessary Use Permit and resolution to this effect. MOTION: Councilman Mallery moved that staff be directed to prepare the Use Permit and resolution granting the Use Permit. The motion was seconded by Councilman Donohoo and unanimously carried. CORRESPONDENCE: 1. Letter from the Resources Agency of California regarding City of Morro Bay Resolution requesting sea otter control. 2. Letter and resolutions from the City of Newport Beach concerning oil drilling activities off the Santa Barbara coast. MOTION: Councilman Donohoo moved that correspondence be filed. The motion was seconded by Councilman Mallery and unanimously carried. Mayor Giannini expressed his feeling that the appointment of a committee of three to five people to study the water program for Morro Bay would be an excellent idea. Councilman Mallery suggested that Mayor Giannini make recommenda- tions to the City Council relative to the members of this committee. ADJOURNMENT: MOTION: Councilman Donohoo moved that the meeting be adjourned to an executive session. The motion was seconded by Councilman Mallery and unanimously carried. The meeting adjourned to executive session at 9:15 p.m. and reconvened to open session at 9:39 P.M. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Mallery and unanimously carried. The meeting was adjourned at 9:39 p.m. Recorded by: M. J. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk i a NOTICE OF ADJOURNED REGULAR MEETING NOTICE IS HEREBY GIVEN that an adjourned regular meeting of the Morro Bay City Council and the Morro Bay Parks and Recreation Commission will be held on Monday, March 3, 1969, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, to consider the following matter: Review of Recreation Department proposed program and expenditures for fiscal year 1969-70 Dated: February 26, 1969 Sent to: Telegram -Tribune Sun Bulletin KCOY TV KOAG RADIO KSBY TV KSLY RADIO KATY RADIO John Sarber Council City Attorney Charles Judsen Parks & Recreation Commission Ron Boone Posted JOSEPH C. GIANNINI, Mayor City of Morro Bay, California BY CAROLYN WENTZELL Deputy City Clerk MINUTES - MORRO BAY CITY COUNCIL Joint Meeting with Parks & Recreation Commission March 3, 1969 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:32 p.m. by Vice Mayor Donohoo with the Pledge of Allegiance. Rev. Van Eakes gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Keiser, Mallery, and Vice Mayor Donohoo Commissioners Keenan and Wieman ABSENT: Mayor Giannini and Commissioners Domenghini, Munro, and Peck 1. RESOLUTION NO. 30-69. RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM ROWELL AND TURNER CONSTRUCTION COMPANY TO C. D. SISSEL Mr. Little explained that this assignment has been tentatively approved by the Council. The lease has an additional 3-1/2 years before expiration and the rent is $318.00 per year. He noted that the lease contains a cancellation clause in the event the lessee fails to comply with the terms of the lease. MOTION: Councilman Bickford moved that Resolution No. 30-69 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Resolution No. 30-69 by title only. MOTION: Councilman Bickford moved for the adoption of Resolution No. 30-69. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote with Mayor Giannini absent. 2. Appointment of committee to review Ordinance No. 37 Mr. Little advised the Council that approval had been given for the appointment of this committee, but it had been overlooked at the last meeting. He requested that Vice Mayor Donohoo make the appointments at this time. Vice Mayor Donohoo appointed Councilmen Mallery and Bickford to serve on this committee. Mr. Little explained that the Golden Tee plans to install a small marina and the ordinance requires that plans be submitted with engineering calculations showing the construction, etc., of the marina. John Kleinhammer is questioning the requirement of the engineering work. Mr. Little noted that the city had required this in the past, but the committee may feel that the city's requirements are somewhat strict and perhaps not necessary in these particular circumstances. He recommended that the committee determine if the city's requirements MINUTES - MORRO BAY CITY COUNCIL Joint meeting with Parks & Recreation Commission March 3, 1969 Page Two are too strict and suggested that perhaps the committee may determine it will only be necessary to have the City Engineer review the plans which have been prepared by Mr. Kleinhammer. 3. Review of Recreation Department proposed program and expenditures for fiscal year 1969-70 Chairman Wieman of the Morro Bay Parks and Recreation Commission noted his feelings regarding the need for a meeting such as this where both the Council and the Commission could exchange ideas and discuss them informally. He stated that the budget request for the Recreation Department for the 1969-70 fiscal year was very modest and was essentially the same as the request for the previous year. Minor increases have been requested for those programs which have received excellent attendance during the last year. He noted that the minimum standard for recreation programs is around $2.00 per capita and this program is operating below this figure. He advised the Council that the total budget request of $15,604 includes some $2,700 which is self-sustaining by the department. This would leave $12,880 as the actual cost to the city. Vice Mayor Donohoo noted that, according to figures obtained from the Finance Department, the Recreation Department had only collected some $1,377.53 during the current fiscal year for self-sustaining programs. Ron Boone, Recreation Director, advised the Council that the fiscal year was not over and several teen dances which are self-sustaining are still planned. This would account for a portion of the difference. Mr. Boone also noted that approximately 26% of the budget remains to be spent, although most of the recreation program is over for this fiscal year. Vice Mayor Donohoo made some corrections to the budget request, explaining each correction, and informed the Council and Commission that the corrected total for the Recreation Department Budget Request was $15,485.00. Mr. Little advised the Council members that several self-sustaining items were included in this request which were not included in last year's budget, since it was felt that all money should be put through the city treasury. Ron Boone advised the,Council that the department has made it a practice to reduce prices on some of the arts and crafts materials in certain cases in order to allow children from needy families to participate in the summer programs. Discussion was held regarding the necessity of the Recreation Director keeping more detailed records of the programs which were self-sustaining so that it would be possible to make a more accurate estimate for each budget request. Vice Mayor Donohoo noted that the total amount of the budget request was not the total expenditure for the city in the recreation program. • MINUTES - MORRO BAY•CITY COUNCIL Joint Meeting with Parks & Recreation Commission March 3, 1969 Page Three He mentioned the expenses for duplication of materials and secretarial services which could not be included in this request. He suggested that any amount of money which was received over and above the actual expenses for the self-sustaining programs should continue to be placed in the city general fund to help compensate for these extra costs for the city. Discussion was held regarding the necessity for acquiring additional park space in the city. Chairman Wieman noted there were three ways to finance capitol improvements such as this. They are: (1) build up a reserve account, (2) put the matter on a bond issue, or (3) just have a "piece -meal" development. He suggested that the city make a decision as to what method would be used in planning for the future acquisition of parks. Councilman Mallery noted his approval of the bond issue method for this type of project. Councilman Keiser noted that the city has the opportunity of securing a land use on a particular piece of property if they will be willing to develop the land. She asked how this development should be financed. Councilman Mallery felt that the development should only be done by a bond issue. He also noted his feeling that the Recreation Depart- ment budget does not need to be expanded. Councilman Bickford felt it would be difficult to answer the question of financing a park until the city would know the size of the proposed expenditure and how much the part would benefit the city. He was not necessarily opposed to financing this type of program out of general funds, depending on the benefit to the general welfare of the city. Ron Boone explained the various programs sponsored by the Recreation Department which enlist the volunteer help of various service groups within the community. He also noted that approximately 60 adults participated in the adult basketball programs and the volleyball programs consisted of between 40 and 80 young adults, depending on the season. He felt that the Recreation Program provided for the community was well worthwhile for the amount of money spent. Councilman Keiser noted that there were people in the community who were not in favor of the program and the Council must be aware of their feelings also. Chairman Weiman noted the problems involved in serving the "hard core" youth in the community who are now without a meeting place since'the Ballroom has been closed. He also noted that a program to meet the needs of these young' people would be very expensive to the city. Commissioner Keenan noted that the Parks and Recreation Commission has invited several high school students to give their ideas on L] MINUTES - MORRO BAY CITY COUNCIL Joint Meeting with Parks& Recreation Commission March 3, 1969 Page Four recreation needs in the community. The Commission is hoping this will help bridge the communication gap between the adults and the young people. Chairman Wieman noted that the:high school students have indicated a desire to make a survey to determine the various interests of the young people relative to recreation programs in the community. Rev. Bob Erickson stated that he was proud of the City of Morro Bay Recreation Department program. He noted the importance of the basketball and softball programs for the adults of the community. He felt that the city should have facilities for Little League programs and noted that he felt the budget request was too small and the city was not contributing enough'_towards the program. Ron Boone reviewed each section of the budget request and explained the reasoning behind each request. Discussion was held regarding the high cost of providing music for the various teen dances and the possibility of the city purchasing good sound equipment and records to be used instead of live music at these dances. Discussion was held regarding the possibility of expanding the park on Coleman Drive and providing more facilities. Chairman Wieman informed the Council that, after the corrections made in the request, $2,874.00 of the total budget was expected to be self-sustaining. This would leave a total cost to the city of $12,611.00 Vice Mayor Donohoo suggested that the Council not take any formal action on the budget request of the Recreation Department at this time, but wait until the total figure for the city budget was known. Councilman Bickford felt that the city was getting an excellent program for the money being spent. He was very pleased with the recreation program,in general and noted that he had heard many favorable comments from the public. Ron Boone noted that the programs which he planned to expand were those suggested by citizens of the community. Chairman Wieman stated that the Parks and Recreation Commission was looking for healthy growth in the program, but they appreciated the chance to meet with the Council and discuss the program on an informal basis. Rev. Van Eakes stated he was interested in youth and was in favor of this type of meeting. However, he noted that fine recreational facilities would not take the place of guidance for young people. Bill Payne commented that the Parks and Recreation Commission and the Recreation Department were fulfilling the needs of the community MINUTES - MORRO BAY CITY COUNCIL Joint Meeting with Parks & Recreation Commission March 3, 1969 Page Five since the programs are designed for all the various age groups. 4. City clean-up of storm debris Councilman Mallery suggested that the Council discusshiring some part-time employees to clean the beaches and streets of debris from the recent storms. He was very concerned about this problem and felt that the Public Works Department would need help during the next few weeks in cleaning up the area. He felt this should be done right away and suggested the employment of six men to work in two groups using two city trucks. MOTION: Councilman Mallery moved that the Council authorize the City Administrator to work with the Director of Public Works and hire the necessary men for this project. The motion was seconded by Councilman Bickford and unanimously carried. MOTION: Councilman Mallery moved that the meeting be adjourned. The motion was seconded by Councilman Bickford and unanimously carried. The meeting was adjourned at 9:45 p.m. Recorded by: M. J. LITTLE, City Clerk BY: Carolyn L. Wentzell Deputy City Clerk • i NOTICE OF'PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a PUBLIC HEARING on Tuesday, February 25, 1969, at 7:30 p.m. in the Morro Bay Recreation Hall, Dunes Street and Shasta Avenue, Morro Bay, California, to consider proposed amendments to the Zoning Ordinance of the City of Morro Bay; at which said PUBLIC HEARING any person may appear and express his views for or against or in modification of said proposed amendments. DATED: February 7, 1969 JOSEPH C. GIANNINI, Mayor City of Morro Bay, California By M. -LITTLE, City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING February 25, 1969 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of February 11, 1969 2. Adjourned regular meeting of February 20, 1969 3. Executive session of February 20, 1969 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator HEARINGS. APPEARANCES, AND REPORTS B-1 Continued public hearing on Improvement District No. 4 B-2 Continued report of Planning Commission on Embarcadero improvements B-3 Public hearing on proposed amendments to Zoning Ordinance B-4 Report and recommendations of committee on Proposed Tract No. 369 B-5 Report on storm damage repair work UNFINISHED BUSINESS C-1 City Council standing committees C-2 Resolution authorizing execution of agreement with W. M. Lyles Company and approving bonds in Assessment District No. 5 C-3 Resolution approving grant of Waterfront Use Permit to L. Virgil Moores for Lease Site 128 C-4 Resolution approving Use Permit and waiving license fee for Morro Bay Moose Lodge C-5 Acceptance of easement and direction to record C-6 Request for authorization for engineering work on water system NEW BUSINESS D-1 Request for approval of transfer of sub -lease on Lease Site 136 (Skinner to Elkins) CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council meetings: March 11 and 25, 1969 2. Planning Commission meetings: March 4 and 18, 1969 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 25, 1969 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 Giannini gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Donohoo, Keiser, and Mayor Giannini ABSENT: Councilman Mallery MINUTES: The minutes of the regular meeting of February 11, 1969, the adjourned regular meeting of February 20, 1969, and the executive session of February 20, 1969 were considered by the Council. MOTION: Councilman Bickford moved that the minutes be approved as written. The motion was seconded by Councilman Keiser and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION: A-1 City Council (1) Mayor Giannini noted that Resolution No. 29-65, Personnel Rules and Regulations, needs clarification and suggested that this resolution be studied. MOTION: Councilman Donohoo moved that this be referred to staff for study. The motion was seconded by Councilman Bickford and unanimously carried. A-2 City Attorney Mr. Madden presented the following resolution for the Council's approval: RESOLUTION NO. 24-69. RESOLUTION APPROVING FORMS OF PIPKIN SETTLEMENT DOCUMENTS MOTION: Councilman Donohoo moved that Resolution No. 24-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Madden read Resolution No. 24-69 by title only. MOTION: Councilman Donohoo moved that Resolution No. 24-69 be adopted. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote with Councilman Mallery absent. A-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 25, 1969 Page Two (1) Mr. Little presented the Expenditure Report for the period February 1, 1969 through February 15, 1969 for the approval of the Council. MOTION: Councilman Donohoo moved that the Expenditure Report for the period February 1, 1969 through February 15, 1969 be approved. The motion was seconded by Council- man Keiser and unanimously carried. (2) Mr. Little informed the Council that correspondence from Jack Ryersen, President of the League of California Cities, has announced that Councilman Wayne Bickford has been appointed to serve on the Tidelands Committee of the League and Councilman Wesley Mallery has been appointed to serve on the Committee on Aviation Problems. (3) Mr. Little noted that a local businessman has requested that Ordinance No. 37, Marine Docks and Structures, be reviewed by the Council and consideration be given to changing the require- ments of this ordinance. He recommended that a committee of the Council be appointed to review this ordinance. Mayor Giannini indicated that he would appoint this committee later in the meeting. HEARINGS. APPEARANCES. AND REPORTS: B-1 Continued public hearing on Improvement District No. 4. Councilman Keiser noted that this was the fourth hearing held on this matter and suggested that the time for the hearing be limited to one hour. Mayor Giannini declared the public hearing open at 7:40 p.m. Comments were heard from Mave Hays, James Ward, Christine Hayn, Bob Lamphere, Mr. Page, and Mr. Brown against the proposed improve- ments. Comments were heard from Mrs. John Shepherd in favor of the improvements. MOTION: Councilman Donohoo moved that the audience be restricted to speaking on the items on the agenda. The motion was seconded by Councilman Keiser. Mayor Giannini asked if this motion was in order. He was informed by the City Attorney that any proper remarks germane to the subject were in order, but Mr. Madden felt that it was not proper, and was in fact, dangerous for the audience to accuse a Council member of a lack of integrity. Roll call vote on motion: AYES: Councilmen Bickford, Donohoo, and Keiser NOES: Mayor Giannini ABSENT: Councilman Mallery MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 25, 1969 Page Three Further comments against the proposed improvement district were heard from Mr. Stuart, Mr. Orvis, Bea Guzik, Mr. Kindsvater, Mr. Criddle, and Mrs. Burton. Mr. Ed Ness, a member of the bond counsel firm for this district, explained that the law provides that upon the close of the hearing on this report, the Council must make a decision within 30 days. The hearing may be continued for a total of 120 days, but approxi- mately 5 weeks of this time has already expired. He advised that if the Council was not prepared to make a decision by March 25th, the public hearing should be continued until April 22nd. Mayor Giannini declared the hearing closed to further consideration at this meeting at 8:40 p.m. , Mr. Little read a report prepared by the City Engineer showing the amount of protest received in different areas of the project and recommended that the Council appoint a committee of Council and staff to study this district and report back to the Council with definite recommendations. Mayor Giannini read a prepared statement in which he noted that out of a total of 15 people interviewed by him, 10 were opposed to the improvements. He noted his opposition to the high cost of the project and suggested that the Council accept the streets in their present condition and assure the citizens that the city would guarantee them reasonable and safe access to their homes. He suggested using money from the General Fund or levying a road tax for a "pay-as-you-go" program. Councilman Keiser felt there were many people in the area who are in favor of the improvements and recommended that the Council take some immediate action in this matter. MOTION: Councilman Bickford moved that a committee of Council and staff be appointed to delve into this further and explore any options and means of financing or improving these streets and report back to the Council no later than April 22. The motion was seconded by Councilman Donohoo. Roll call vote: AYES: Councilmen Bickford, Donohoo, and Keiser NOES: Mayor Giannini ABSENT: Councilman Mallery Mr. Little advised the Council that it would be necessary to pass a resolution continuing consideration of this matter until April 22. RESOLUTION NO. 25-69. RESOLUTION CONTINUING CONSIDERATION OF ALL MATTERS IN CONNECTION WITH ASSESSMENT DISTRICT NO. 4, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA Mr. Little read Resolution No. 25-69 in its entirety. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 25, 1969 Page Four MOTION: Councilman Donohoo moved for the adoption of Resolution No. 25-69. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote with Councilman Mallery absent. RECESS: 8:59 p.m. RECONVENED: 9:08 p.m. Mr. Little requested that the Council consider Item B-4 at this time in order to make it possible for Mr. Ness and associates to leave the meeting early. The Council members agreed. B-4 Report and recommendations of committee on Proposed Tract No. 369 Mr. Little explained the area involved in this proposed development and advised the Council that the proposal has been changed since the last presentation to the Council. The new proposal has been reviewed by the Planning Commission and approved. The original proposal required financing under the 1915 Improvement Act; whereas, the new proposal will use the 1911 Improvement Act which will not obligate the city. The committee appointed to study this matter has done so, and also recommends approval of the development plans. Mr. Little recommended that the Council approve this type of financing and also approve the plans at this time. Councilman Donohoo asked if the committee had determined the approximate cost to the city in handling the bonds for this project. Mr. Little advised the Council members that approximately $20.00 per bond would be paid to the city for processing costs and .5% of the total project (about $13,000) would be accruing to the city for the expenses of handling this program. Mr. Madden advised the Council that under the 1911 Act the entire engineering costs, the entire development costs, and all the incidental bond costs were born by the developer. No back-up tax levy is needed by the city. MOTION: Councilman Donohoo moved that these development plans be approved. Councilman Bickford seconded the motion. Mr. Little suggested an amendment to the motion to include the plans "as presented at this meeting" and also to approve the financing for this project under the 1911 Act Bonds. Councilman Donohoo and Councilman Bickford accepted this amendment and the motion was unanimously carried. B-2 Continued report of Planning Commission on Embarcadero improvements Ned Rogoway, Planning Director, explained that the Planning Commission by direction of the City Council has prepared three alternate plans for the improvements on the Embarcadero. The first plan, presented at the Council meeting of February 11, 1969, provided for the greatest number of parking spaces possible for the public rights of way which , now exist in the Embarcadero area. The next two plans provide for less parking but comply with the original plan approved by the Council in April of 1968. MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL February 25, 1969 Tod Stoutenborough of C.A.P. explained that Plan No. 2 provides for parallel parking with a total of 272 spaces. Plan No. 3 provides for diagonal parking on the Easterly side of the Embarcadero with no on -street parking on the Westerly side. This plan will accommodate a total of 272 cars. He noted that the plan providing for parallel parking posed the problem of closing some of the existing off-street parking areas in order to obtain on -street parking spaces. Mayor Giannini noted his objection to the sidewalks agreed to in the original settlement plans for the Embarcadero. Councilman Bickford expressed the Council's appreciation to both the Planning Commission and members of C.A.P. for their efforts in this presentation. He asked if the diagonal parking concept would present any safety problems. Ned Rogoway explained that this plan would not present as many safety hazards as the plan for perpendicular parking, since diagonal parking would not block the opposite lane of traffic when the cars . are backing out of the parking spaces. Councilman Bickford noted that he favored the diagonal parking plan. Discussion was held among Council members and staff regarding the width of sidewalks on the westerly side and whether or not bumper blocks would be used. Mr. Little felt that the diagonal parking plan was an interesting concept since it would not eliminate the existing parking lots on the West side of the Embarcadero. He suggested that the city set up a demonstration of this plan in a city parking lot to determine if it would be feasible. Mayor Giannini felt the city should let the "dust settle" for two or three years on the waterfront. He was not in favor of any type of expenditure at this time. MOTION: Councilman Donohoo moved that the Council express their appreciation to the Planning Commission and the members of C.A.P. for their work on this project and instruct staff to lay Plan No. 3 out on a parking lot to test its feasibility. The motion was seconded by Councilman Bickford and unanimously carried. B-3 Public hearing on proposed amendments to Zoning Ordinance. ORDINANCE NO. 77. AN ORDINANCE AMENDING SECTIONS 5102, 5103.5, 5104.2.1, 5104.2.3, 5104.2.5, 5104.2.6, 5104.2.8, 5104.3.7, 5105.2.5, 5105.2.8; 5106.3, 5106.11, AND 5106.15 OF THE MORRO BAY MUNICIPAL CODE Ordinance No. 77 was read in its entirety by staff. 1 MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL February 25, 1969 MOTION: Councilman Donohoo moved that this constitute the first reading of Ordinance No. 77. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote with Councilman Mallery absent. Comments were heard from Jack Youngs relative to the parking require- ments provided for in this ordinance. Mayor Giannini noted instances where parking requirements interfered with business development. Christine Hayn commented on the provision which would allow residential uses on the rear one-half of the lot or the second floor of the business with a Conditional Use Permit. B-5 Report on storm damage repair work Mr. Little informed the Council that the city met with the Corps of Engineers concerning the flooding problems and the Corps has given excellent cooperation in repairing the damage. He presented the following resolution for Council action: RESOLUTION NO. 26-69. RESOLUTION AMENDING RESOLUTION NO. 20- 9 OF THE CITY OF MORRO BAY REQUESTING EMERGENCY DISASTER ASSISTANCE MOTION: Councilman Donohoo moved that Resolution No. 26-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 26-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 26-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote with Councilman Mallery absent. UNFINISHED BUSINESS: C-1 City Council standing committees Mr. Little requested that this matter again be deferred until Councilman Mallery is present. The Council members agreed. C-2 RESOLUTION NO. 27-69. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN -THE CITY OF MORRO BAY AND W. M. LYLES COMPANY FOR WORK TO BE DONE AND APPROVING BONDS IN ASSESS- MENT DISTRICT NO. 5, CITY OF MORRO BAY, COUNTY OF SAN.LUIS OBISPO, STATE OF CALIFORNIA MOTION: Councilman Keiser moved that Resolution No. 27-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 27-69 by title only. J • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 25, 1969 Page Seven MOTION: Councilman Bickford moved for the adoption of Resolution No. 27-69. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote with Councilman Mallery absent. C-3 RESOLUTION NO. 28-69. RESOLUTION APPROVING GRANT OF WATERFRONT USE PERMIT TO L. VIRGIL MOORES FOR LEASE SITE 128 MOTION: Councilman Donohoo moved that Resolution No. 28-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 28-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 28-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote with Councilman Mallery absent. C-4 RESOLUTION NO. 29-69. RESOLUTION APPROVING USE PERMIT AND WAIVING LICENSE FEE FOR MORRO BAY MOOSE LODGE MOTION: Councilman Donohoo moved that Resolution No. 29-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 29-69 by title only. MOTION: Councilman Bickford moved for the adoption of Resolution No. 29-69. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote with Councilman Mallery absent. C-5 Acceptance of easement and direction to record Mr. Little explained that payment for this easement had been authorized at the previous meeting; however, it was necessary to include a Certificate of Acceptance in order to have the easement recorded. MOTION: Councilman Donohoo moved to approve the Certificate of Acceptance. The motion was seconded by Councilman Keiser and unanimously carried. C-6 Request for authorization for engineering work on water system Mr. Little advised the Council that he had received tentative approval from the State Department of Parks and Recreation for the exchange of the Ridgeway tanks for an easement adjoining the Kings Avenue water tanks. The only cost will be $250.00 to cover a portion of the administrative costs of the exchange and the requirement that the city landscape the area so as to screen the tanks. He recommended that the Council now authorize the second phase of the agreement with Koebig and Koebig for water system engineering services. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 25, 1969 Page Eight MOTION: Councilman Bickford moved that the Council authorize phase 2 of this water distribution system with Koebig and Koebig. The motion was seconded by Councilman Donohoo and unanimously carried. NEW BUSINESS: D-1 Request for approval of transfer of sub -lease on Lease Site 136 (Skinner to Elkins) MOTION: Councilman Donohoo moved that this transfer be authorized. The motion was seconded by Councilman Bickford and unanimously carried. Mayor Giannini appointed Councilmen Donohoo and Mallery to serve with staff on the committee to review Improvement District No. 4 and Councilmen Bickford and Keiser to serve on a committee to review the Personnel Rules and Regulations. CORRESPONDENCE: 1. Letter from Division of Highways re the establishment of the freeway location of Route 41 between Route 1 in Morro Bay and the Kern County Line. 2. Letter from Alan Cranston re Resolution Urging Closing of United States - Mexican Border to Unsupervised Minors. 3. Letters from Governor Reagan, Senator Grunsky, and Assemblyman Ketchum re Resolution on Sea Otters. 4. Agenda from Fish and Game Commission for meeting of March 7, 1969. 5. Minutes of Harbors and Watercraft Commission meeting of January 13th. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Bickford and unanimously carried. ADJOURNMENT: MOTION: Councilman Donohoo moved that the meeting be adjourned to March 3, 1969, at 7:30 p.m. in the Recreation Hall. The motion was seconded by Councilman Bickford and unanimously carried. The meeting was adjourned at 10:38 p.m. Recorded by: M. J. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk 0 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that a special meeting of the Morro Bay City Council and the Morro Bay Parks and Recreation Commission will be held on Monday, February 24, 1969, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, to consider the following matter: Review of Recreation Department proposed program and expenditures for fiscal year 1969-70 Dated: February 21, 1969 Sent to: Telegram -Tribune The Sun The Bulletin KCOY TV KSBY TV KVEC RADIO KSLY RADIO KATY RADIO John Sarber Council James Madden Charles Judsen Parks & Recreation Commission Ron Boone JOSEPH C. GIANNINI, Mayor , City of Morro Bay, California By /� M. •I CA, Cler NOTICE OF ADJOURNED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an Adjourned Regular Meeting on Thursday, February 20, 1969, at 5:00 p.m. in the Con- ference Room of City Hall, 595 Harbor Street,'Morro Bay, California, to consider the following matter: 1. Tidelands litigation DATED: February 17, 1969 • ^ Jam, - JOSEPH C. GIANNINI, Mayor City of Morro Bay, Ca ifornia By.; / M. J IT L , City Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting February 20, 1969 5:00 p.m. City Hall Conference Room The meeting was called to order at 5:00 p.m. by Mayor Giannini. ROLL CALL: PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini ABSENT: None MOTION: Councilman Donohoo moved that the Council rescind the motion that these executive meetings be recorded on tape. The motion was seconded by Councilman Bickford. Roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, and Mallery NOES: Mayor Giannini MOTION: Councilman Bickford 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 5:05 p.m. and reconvened at 6:00 p.m. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Keiser and unanimously carried. The meeting was adjourned at 6:00 p.m. Recorded by: M. J. yLIITTTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk / NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Morro Bay will conduct a Public Hearing on Tuesday, February 11, 1969, at 7:30_p.m. in the Morro Bay Recreation Hall, Dunes Street and Shasta Avenue, Morro Bay, California, to consider the vacation•df a portion of Beach Street (formerly 8th 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: January 28, 1969 JOSEPH C. GIANNINI, Mayor City of Morro Bay, California v M. LITTLE, City Clerk 0 PARCEL 2: All that part of Eighth Street (Beach Street) in the Town of Morro, City of Morro Bay, County of San Luis Obispo, State of California, as shown on Mathers map of said Town on file in the office of the County Recorder of said County, and filed for record in Book A at page 35 of Maps, records of said County, more particularly des- cribed as follows: Beginning at the intersection of the Easterly line of "C" Street (Napa Avenue) with the Southerly line of Eighth Street (Beach Street), . as shown on said map; thelice Easterly along the Southerly line of Eighth Street (Beach Street) to its intersection with the Northeasterly line of the Town of Morro, as shown on said map; thence Northwesterly diagonally across Eighth Street (Beach Street) to a point on the Easterly line of "C" Street (Napa Avenue) equally distant between the point of intersection of said Easterly line with the Northeasterly line of the Town of Morro and the point of beginning; thence'Southerly along said Easterly line to the point of beginning. EXHIBIT "A". CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING February 11, 1969 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of January 28, 1969 2. Adjourned regular meeting of January 31, 1969 3. Special meeting of February 4, 1969 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator HEARINGS, APPEARANCES, AND REPORTS B-1 Appearance of Ed Wysocki re use of abandoned vehicles B-2 Report and recommendations of Planning Commission on Embarcadero improvements B-3 Report of Salary..and Classification Review Committee B-4 Hearing on objections to Elm Avenue and Bonita Street improvements B-5 Public hearing on abandonment of a portion of Beach Street (Lyle's property) B-6 Report on lease sites 128 and 128W . UNFINISHED BUSINESS C-1 Police Department 'policies C-2 City Council'standing'committees C-3 Planning Commission Ordinance C-4 Resolution`�.approving transfer.of'Sara Walnum lease to Ralph Ruse C-5 Ordinance repealing Title X of the Morro Bay Municipal Code and adopting a new Title X and a Uniform Fire Code (second reading) NEW BUSIN8S$ D-1 Request �fot'authorization for easement payment D-2 Request,of Rowell,and.Turner Steel Construction Company, for assignment of'l'ease, CORRESPONDENCE. ADJOURNMENT To be adjourned to Monday, February 24,, 1969,- Joint meeting with Parks and Recreation Commission�,;�; , CALENDAR 1. City Council meetings: February 24,and 25,.1969 2. Planning Commission meeting:s February 18, 1969- MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 11, 1969 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 Giannini gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini ABSENT: None MINUTES: The minutes of the regular meeting of January 28, the adjourned regular meeting of January 31, and the special meeting of February 4, 1969, were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman Bickford and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION: A-1 City Council 1. Councilman Mallery advised the Council that since he had been absent during the meeting of January 28, 1969 when the Mayor had read his prepared statement regarding the Marsden case, he now wished to clarify two statements made by the Mayor at that time. Councilman Mallery noted that the Mayor's allegation that both Chief Holeman and Sergeant Schacht had denied investigating the Marsden incident was not true. Both Chief Holeman and Sergeant Schacht had stated they had investigated this incident. Councilman Mallery also noted that Mayor Giannini's statement that there had been no medical clearance for Marsden's re -instatement on the Police Force was also erroneous, since the city had received letters from Dr. Williams dated April 18, June 12, and October 15, 1968, stating that Mr. Marsden was physically able to be re -instated on the Police Force. 2. Councilman Keiser reported on the meeting of the County Water Resources Advisory Committee which was held on February 4th. Councilman Keiser noted that during the meeting, Mr. Born gave a comprehensive report on flood damage and asked if Morro Bay was ready to decide in what direction the city was willing to go in terms of a long range water plan. Mrs. Keiser suggested that Jack Surfluh represent the City of Morro Bay on this committee since he is especially knowledgeable in this capacity. Mayor Giannini noted that it had been his understanding that the city's representative must be a member of the Council; however, he would look into the matter further and report back to the Council., MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL February 11, 1969 3. Mayor Giannini stated that he had received several complaints concerning the fallout and smoke from the Pacific Gas and Electric Plant. He asked Councilman Bickford if he had any- thing to report on this matter, since he is on the committee to study the problem. Councilman Bickford informed the Mayor that he would present some definite recommendations to the Council at a later date; however, it was important that citizens notify him immediately when any problem was observed. Mr. Madden advised the Council that he had pertinent information regarding a similiar situation that exists with the Pacific Gas and Electric Plant in Moss Landing. He informed the Council that he would investigate this matter and notify Councilman Bickford of the results. A-2 City Attorney Mr. Madden advised the Council that he had revised several settle- ment documents to include changes suggested by the Attorney General's Office. These documents will be made available to the Council members. He also noted that Allan Murphy has asked clients to sign the boundary agreement which has been executed by the attorneys in the case and the State Lands Commission. Mr. Madden requested that the plaintiffs in the Pipkin case who are now representing themselves without an attorney contact Mr. Little or him and arrange some meetings to review these revised documents. He noted that matters have arisen requiring an executive meeting of the Council and requested that this meeting be held during the following week. The Council members agreed to adjourn this meeting to another date to discuss these matters. A-3 City Administrator 1. Mr. Little advised the Council that representatives of the Moose Lodge had requested permission to appear before the Council at this meeting to make certain requests concerning a proposed circus. The members of the Council agreed to include this item for con- sideration at this meeting. 2. Mr. Little requested authorization for Mr. William Thomas, Planning and Building Superintendent, and several members of the Planning Commission to attend a Planning Conference at Asilomar on March 8, 1969. This meeting is sponsored by the Monterey County Planning Council and the only cost to the city will be for meals and transportation. MOTION: Councilman Bickford moved that the Council authorize the attendance of the members of the Planning Commission and Mr. Thomas at this meeting in Asilomar. The motion was seconded by Councilman Keiser and unanimously carried. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL February 11, 1969 3. Mr. Little presented the Expenditure Report for the period January 15 through 31, 1969 for the approval of the Council. MOTION: Councilman Donohoo moved that the Expenditure Report for the period January 15 through 31, 1969 be approved. The motion was seconded by Councilman Bickford and unanimously carried. 4. Mr. Little presented the Financial Report for the period July 1, 1968 through January 31, 1969 for the approval of the Council. MOTION: Councilman Donohoo moved that the Financial Report for the period July 1, 1968 through January 31, 1969 be approved. The motion was seconded by Councilman Keiser and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS: B-1 Appearance of Ed Wysocki re use of abandoned vehicles Mr. Little advised the Council members that this request had been withdrawn because Mr. Wysocki had been informed by the Department of Motor Vehicles that he would have to meet several requirements before this use could be approved. However, Mr. Little noted that he had done further research into the matter and felt that this could be accomplished. He informed the Council that he would continue to investigate the possibilities because the proposed use of abandoned vehicles would be advantageous to the city as well as to Mr. Wysocki. Mr. Little suggested that the request from the Moose Lodge be considered at this time. The Council concurred. Mr. Al Bafford, secretary of the Moose Lodge, advised the Council that the lodge had made a similar request the previous year and the Council had given them permission to hold the circus, waiving the $100 per day license fee. He again requested that the Council waive this license fee since the money is to be used for charitable purposed. Mr. Bafford asked that the city give permission to the Moose Lodge to hold the circus in the area near Morro Rock, since it is impossible to use the same site used last year. The circus is to be held on April 7, 1969. Mr. Bafford advised the Council that the city would have adequate insurance coverage. MOTION: Councilman Keiser moved that the city grant this request of the Moose Lodge for the circus to be held on April 7. The motion was seconded by Councilman Donohoo. Councilman Keiser amended her motion to include the waiver of the $100 license fee and permission to use city -owned property near Morro Rock. Councilman Donohoo accepted the amendment and the motion was unanimously carried. Mr. Little noted that the city would require an insurance certificate from the lodge covering this activity. 11 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 11, 1969 Page Four B-2 Report and recommendations of Planning Commission on Embarcadero improvements Mr. Little requested that this item be deferred and be considered as the last item under "Hearings, Appearances, and Reports", since Mr. Ned Rogoway was expected to be in attendance to explain the proposal of the Planning Commission. The Council agreed. B-3 Report of Salary and Classification Review•Committee Mr. Little read the report in its entirety for the benefit of those present. The recommendations of the Salary and Classification Review Committee included: 1. That the classifications of Mechanic, Maintenance Leadman, Disposal Plant Operator II, Waterworks Serviceman, and Senior Harbor Patrolman be established in Public Works Department and be filled from present personnel. 2. That Utilities Foreman classification be assigned to the Engineering and Administration Division of Public Works rather than the Water Division. 3. That an additional Maintenance Man be hired in the Parks and Playgrounds Division, to be 'employed prior to the commencement of the Weed Abatement Program which is to be assigned to this division. 4. That the classification of Captain be added to the Police Department, that an additional Police Officer be authorized, the salary of Sergeant and Police Officer be increased two ranges, and that the salary of Police- woman be increased one range. 5. That no changes be made in the Fire Department personnel. 6. That the salary of Administrative Secretary, Account Clerk II, and Stenographer be increased by one range. 7. That a cost of living raise of 4.1% be given all city employees as of July 1, 1969. MOTION: Councilman Keiser moved that the Council accept the recommendations of the Salary & Classification Review Committee. The motion was seconded by Councilman Donohoo. Mayor Giannini noted that these changes would effect an increase of $48,796.00 in the city budget. He agreed with the cost of living increase, but objected to hiring more policemen. He felt that there were inequities in the proposal such as the fact that no changes had been made in the Fire Department personnel. He noted his agreement with the addition of the classification of Captain and the three Sergeants, but felt there was no need of two Policewomen on the Police Force. C, MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 11, 1969 Page Five Councilman Mallery stated that, at the present time, salaries cost the city $416,143.00 out of the total budget of $850,000.00. With these increases, the budgeted salaries would cost approximately $465,000.00. He noted that he was disturbed because he did not like extravagant spending, and the city was going to be faced with a bond issue within the next 5 years in order to provide adequate water. The amount needed to correct and fulfill the city's water system needs is approximately $3,000,000.00. Council- man Mallery felt that the Council should study this proposal in greater detail and objected to the recommendations very strongly. Councilman Donohoo advised the Council members that the committee had studied the salary classifications in accordance with a Council directive at an earlier date. The committee compared cities throughout the State with a similar population and similar problems. He noted that with this increase, the Police Force was still being paid approximately $40.00 per month less than the Sheriff's Department. Councilman Bickford also noted that the committee had tried to compare cities with similar population and similar needs. He con- curred with Councilman Donohoo that the city salaries for Police Officers were less than those being paid for the San Luis Obispo Police Force and the San Luis Obispo County Sheriff's Office, but felt that these increases would bring the city salary range closer to that of these other departments. He also noted that the committee had felt that Firemen were not subjected to the same hazards that the Policemen were; and therefore, they had not recommended any increase in salary for the Fire Department. Discussion was held regarding the necessity for Policewomen in the Police Department and their duties as compared with those of stenographers in other departments. Comments were heard from Mr. Hugh Case regarding the necessity of reducing the budget instead of increasing it. Mr. Fred Oakes, a Fire Captain in the Morro Bay Fire Department, noted that he disagreed with the committee's recommendations concerning the Fire Department, but advised the members of the Council that a great deal of effort had been made by the committee in studying the various salary classifications within the city. Comments were also heard from Mr. Jackson and Mr. Neil Kline relative to the recommendations of the committee. Roll call vote on motion: AYES: Councilmen Bickford, Donohoo, and Keiser NOES: Councilman Mallery and Mayor Giannini MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL February 11, 1969 B-4 Hearing on objections to Elm Avenue and Bonita Street improvements Mr. Little displayed a map showing the area of the proposed improve- ments and explained the markings on the map indicating those parcels which were in favor of the improvements. He reviewed the action taken in order to initiate these improvements and noted that the Council had given authorization and the property owners have been notified to construct the.improvements within 60 days or the city will do so. No written protests have been received by the city and each property owner has received a notice of this hearing. Mrs. McConaghay, who instigated the project, expressed her appreciation to Mr. Little, Ken Valley, and Doug Stuart for their cooperation on the project. She advised the Council that some of the property owners were willing to go along with the project and would not protest, even though they had not signed the petition in favor of the improvements. Mayor Giannini declared the hearing open at 8:40 p.m. There being no oral or written protests, he declared the hearing closed at 8:41 p.m. Mr. Little advised the Council that the city will have to pay an amount in excess of the amount the people will have to spend, in order to connect the street to the proposed improvements. He noted that the city will have to spend approximately $16,000.00 for this project. Discussion was held regarding this money to be spend by the city and the amount of gas tax money which is available for this project. Mr. Little also advised the Council that petitions were being circulated in the Del Mar area for similar improvements; however, the people have been cautioned that the city may not be able to finance these additional improvements for some time. MOTION: Councilman Donohoo moved that since. -there were no protests, either oral or written, the city proceed with the con- struction of these improvements. The motion was seconded by Councilman Keiser and unanimously carried. B-5 Public hearing on abandonment of a portion of Beach Street (Lyle's property) Mr. Little explained that the city had been advised by the Title Insurance Company that this abandonment was necessary in order to give Mr. A. C. Lyle clear title to his property. Mayor Giannini declared the public hearing open at 8:49 p.m. There being no comments, he declared the public hearing closed at 8:50 p.m. RESOLUTION NO. 22-69. RESOLUTION DECLARING ABANDONMENT OF A PORTION OF BEACH STREET (FORMERLY 8TH STREET) MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 11, 1969 Page Seven MOTION: Councilman Donohoo moved that Resolution No. 22-69 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Resolution No. 22-69 by title only. MOTION: Councilman Bickford moved for the adoption of Resolution No. 22-69. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. B-6 Report on Lease Sites 128 and 128W Mr. Madden suggested that the Council give consideration to giving Mr. Moores a short term Use Permit for the actual site being occupied by Mr. Moores until such time as the city makes a final determination on leasing policy. He suggested a 6-month term for this Use Permit. MOTION: Councilman Donohoo moved that staff be authorized to negotiate with Virgil Moores as to terms, etc. of a Use Permit for 6 months for Lease Site 128 and report back to the Council at the next meeting. The motion was seconded by Councilman Bickford and unanimously carried. B-2 Report and recommendations of Planning Commission on Embarcadero improvements Since Mr. Rogoway was still not present, Mr. Little displayed the sketches of the proposed plan by the Planning Commission and intro- duced Mr. George Nagano, Planning Commission Chairman, who explained the plan. Mr. Nagano informed the Council that the Planning Commission had suggested this plan with the feeling that it was the most feasible one for this difficult area. The proposal would make it necessary for the city to obtain a 6'right-of-way from the property owners on the east side of the Embarcadero. However, it was felt that since all of the parking areas would be situated on the east side of the Embarcadero, the property owners would be willing to give the city this right-of-way. He explained that this plan would provide for 350 parking spaces. Mr. Todd Stoutenborough of C.A.P. stated that his group had felt it was a necessity to eliminate parking on the west side of the Embarcadero. He explained that the proposed link between Morro Bay Boulevard and the Embarcadero was very important in order to encourage people to park on the bank and walk down to the Embarcadero. Councilman Bickford was opposed to the perpendicular parking, but felt that the proposed treatment of the sidewalk areas was suitable. Mayor Giannini spoke against the concept. He noted that the increase of traffic over the past three years indicated that the people enjoyed the quaintness of the waterfront and were opposed to changing it in any way. He felt that no improvements should be made to the area. U 0. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 11, 1969 Page Eight The Mayor was informed that the city has agreed to install certain improvements as a settlement of litigation on the waterfront. If the city decides to change the agreement, more litigation is probable. Mr. Madden stated that there has been no substantial or material change over that which was agreed to in the stipulation signed in March of 1968. He advised the Council that an agreement had been entered into by the City Council and one of the material factors of that agreement was harbor improvements. Lengthy discussion was held regarding the necessity of abiding by the settlement agreement. Councilman Mallery advised the Council that he had not agreed with the original agreement, but the city now has an obligation to fulfill that agreement. MOTION: Councilman Bickford moved that this matter be referred back to the Planning Commission to report back to the Council on February 25th with a proposal in line with the original plans agreed to by the city and the litigants. The motion was seconded by Councilman Mallery and unanimously carried. RECESS: 10:06 p.m. RECONVENED: 10:12 p.m. UNFINISHED BUSINESS: C-1 Police Department policies Mr. Little read the memo outlining the suggested policies as discussed in executive session on January 3, 1969. He also read a memo from Chief Holeman dated February 10, 1969 relative to a proposed Police Reserve'Program and various youth education programs. Mayor Giannini suggested that "Youth Education Programs" be.included in the memo regarding Police Department policies. The Council concurred. Mayor Giannini mentioned his feeling that the police policy of handcuffing all prisoners should be changed and only used at the discretion of the Police Officer. He also felt that the Police Officers should only wear hard hats when they were in "hard-line" duty. MOTION: Councilman Donohoo moved that the city adopt this policy as suggested by the City Administrator, with the addition of Item 7, "Youth Education Programs". The motion was seconded by Councilman Mallery. Mayor Giannini suggested an amendment to the motion to include the discretionary use of handcuffs and the wearing of soft hats by the MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 11, 1969 Page Nine Police Officers. The amendment to the motion was not accepted by Councilman Donohoo. Roll call vote on the motion: AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini NOES: None C-2 City Council standing committees Councilman Mallery requested that this item be deferred until the next meeting. The Council members concurred. C-3 Planning Commission Ordinance Mayor Giannini explained that a motion had been made at the regular meeting of May 28, 1969 that the city ordinance be amended to include the appointment of one member of each board or commission by each of the Council members. He stated that, after studying the matter, he determined that this would not be the best policy since it would tend to create a "rubber stamp" commission. He agreed, however, with the plan to have the commissioners' terms expire on June 30th of each election year. Councilman Bickford indicated his agreement with this plan. MOTION: Mayor Giannini moved that the motion made by Councilman Mallery on May 28, 1968 be rescinded. The motion was seconded by Councilman Bickford. Roll call vote: AYES: Councilmen Bickford, Keiser, and Mayor Giannini NOES: Councilmen Donohoo and Mallery MOTION: Councilman Bickford moved that the city establish Planning Commission terms to expire June 30th following each municipal election. Three commissioners' terms to expire at the next election and two commissioners' terms to expire after the following election. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. C-4 RESOLUTION NO. 23-69. RESOLUTION APPROVING TRANSFER OF LEASE BY OPERATION OF LAW Mr. Madden explained that this was merely a formality. He recommended that the Council adopt this resolution to have Ralph Ruse the lessee of record rather than Sara Walnum, who is now deceased. MOTION: Councilman Donohoo moved that Resolution No. 23-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 11, 1969 Page Ten Mr. Little read Resolution No. 23-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 23-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. C-5 ORDINANCE NO. 76. ORDINANCE REPEALING TITLE X OF THE MORRO BAY MUNICIPAL CODE ENTITLED "FIRE PROTECTION AND PREVENTION" AND ADOPTING A UNIFORM FIRE CODE, AND ADOPTING A NEW TITLE X ENTITLED "FIRE PROTECTION AND PREVENTION" AND ADOPTING A UNIFORM FIRE CODE MOTION: Councilman Donohoo moved that Ordinance No. 76 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Ordinance No. 76 by title only. MOTION: Councilman Donohoo moved for the adoption of Ordinance No. 76. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. NEW BUSINESS: D-1 Request for authorization for easement payment Mr. Madden explained that several years ago, the county had requested an easement for storm drainage. The easement was since then installed and is now maintained by the city. However, payment has never been made for this easement. He explained that the easement document has been re -drawn and signed and he requested Council authorization for this payment in the amount of $25.00 MOTION: Councilman Bickford moved that authorization be given for payment for this easement. The motion was seconded by Councilman Donohoo and unanimously carried. D-2 Request of'Rowell and Turner Steel Construction Company for assignment of lease. Mr. Little explained that this property is located near the city sewer plant. He read the request from Mr. Rowell that this lease be assigned to Mr. Sissel for the remaining 4-year term, and recommended that the Council approve, -this assignment. The Council directed the City Administrator to prepare the necessary resolution approving this assignment. CORRESPONDENCE: 1. Letter from Genevieve Buttram re drainage problem on Sequoia Street. 2. Letter from Marshall's Quality Jewelers in San Luis Obispo re Police Department assistance in recovering stolen jewelry. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 11, 1969 Page Eleven 3. Letter from Southern Counties Gas Company re storm damage 4. Letter from Division of Highways in answer -to city's request relative to Maintenance Station to be abandoned by the State. 5. Letter from Albert Moltzer re lack of electrical service on city launching pier. 6. Letter and resolution re Nursery Education Week. 7. Agenda for Fish and Game Commission meeting of February 14, 1969 8. Agenda for the Harbors and Watercraft Commission meeting of February 17, 1969. MOTION: Councilman Bickford 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 to 5:00 p.m. on Thursday, February 20, 1969 in the City Hall Conference Room. The motion was seconded by Councilman Bickford and unanimously carried. The meeting was adjourned at 11:05 p.m. Recorded by: M. J. LITTLE, City Clerk � Z e By: Carolyn L. Wentzell Deputy City Clerk u NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a Special Meeting on Tuesday, February 4, 1969 at 4:30 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider the following matters: 1. Resolution requesting emergency disaster assistance 2. Resolution requesting disaster assistance needs of the City of Morro Bay be included with application of San Luis Obispo County Flood Control and Water Conservation District for assistance under Public Law 875 DATED: February 3, 1969 JOSEPH C. GIANNINI, M City of Morro Bay, Ca By: Sent to: Bulletin Sun Telegram -Tribune Council members KSBY TV KVEC RADIO KSLY RADIO KCOY TV KATY RADIO John Sarber Charles Judsen Posted at City Hall J. MINUTES - MORRO BAY CITY COUNCIL Special Meeting February 4, 1969 4:30 p.m. City Hall Conference Room The meeting was called to order at 4:34 p.m. by Mayor Giannini ROLL CALL: PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor . Giannini ABSENT: None 1. RESOLUTION NO. 20-69. RESOLUTION REQUESTING EMERGENCY DISASTER ASSISTANCE MOTION: Councilman Keiser moved that Resolution No. 20-69 be read.by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution No. 20-69 by title only. MOTION: Councilman Donohoo moved that Resolution No. 20-69 be adopted. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. 2. RESOLUTION NO. 21-69. RESOLUTION REQUESTING DISASTER ASSISTANCE NEEDS OF THE CITY OF MORRO BAY BE INCLUDED WITH APPLICATION OF SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR ASSISTANCE UNDER PUBLIC LAW 875. MOTION: Councilman Donohoo moved that Resolution No. 21-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 21-69 by title only. MOTION: Councilman Bickford moved for the adoption of Resolution No. 21-69. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. ADJOURNMENT: MOTION: Councilman Keiser moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting was adjourned at 4:38 p.m. Recorded by: M. J. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk NOTICE OF ADJOURNED REGULAR MEETING - CORRECTED PLEASE DISREGARD PREVIOUS NOTICE NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an Adjourned Regular Meeting on Friday, January 31, 1969,.at 7:30 p.m. in the Morro Bay Recreation Hall, Dunes Street and Shasta Avenue, Morro Bay, California, to consider the following matters: 1. Resolution re Sea Otters 2. Joint Meeting with Parks & Recreation Commission (set date) 3. Improvement District No. 5 4. Improvement District No. 4 DATED: January 30, 1969 JOSEPH C. GIANNINI, Mayor City of Morro Bay, Califo BY :y„ M. J. Sent to: The Sun The Bulletin Telegram -Tribune KCOY TV KSBY TV KVEC RADIO KSLY RADIO KATY RADIO Charles Judsen John Sarber Council members James Madden POStPA-: • NOTICE OF ADJOURNED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an Adjourned Regular Meeting on Friday, January 31, 1969, at 7:30 p.m. in the Conference Room of City Hall, 595 Harbor Street, Morro Bay, California, to consider the following matters: 1. Resolution re Sea Otters 2. Joint Meeting with Parks & Recreation Commission (set date) 3. Improvement District No. 5 4. Improvement District No. 4 DATED: January 29, 1969 JOSEPH C. GIANNINI, Mayor City of Morro Bay, California W-9/1 By: M. J. LITTLE, City Clerk Sent to: The Sun The Bulletin KSBY TV KVEC RADIO KSLY RADIO KATY RADIO Telegram -Tribune Charles Judsen John Sarber Council members James Madden KCOY TV Posted MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting January 31, 1969 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 Giannini gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Donohoo, Mallery, and Mayor Giannini ABSENT: Councilman Keiser 1. RESOLUTION NO. 13-69. RESOLUTION REQUESTiNG SEA OTTER CONTROL FOR PROTECTION OF ABALONE INDUSTRY MOTION: Councilman Donohoo moved that Resolution No. 13-69 be read in its entirety. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 13-69 in its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 13-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote with Councilman Keiser absent. 2. Joint meeting with Parks and Recreation Commission Mr. Little informed the Council members that the Parks and Recreation Commission members had been contacted and agreed to set the date for this joint meeting for February 24, 1969,instead of February 17, as previously scheduled. 3. Improvement District No. 5 Mr. Ed Ness of Sturgis, Den-Dulk, Douglass, and Anderson presented several resolutionsfor Council adoption at this time. RESOLUTION NO. 14-69. RESOLUTION AND ORDER MODIFYING THE BOUNDARIES OF ASSESSMENT DISTRICT NO. 5, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA, AND FINALLY APPROVING AMENDED BOUNDARY MAP. MOTION: Councilman Mallery moved that Resolution No. 14-69 be read by title only. The motion was seconded by Council- man Donohoo and unanimously carried. Mr. Little read Resolution No. 14-69 by title only. MOTION: Councilman Mallery moved for the adoption of Resolution No. 14-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote with Councilman Keiser absent. MINUTES - MORRO BAY CITY 'COUNCIL Adjourned Regular Meeting January 31,.1969 Page Two RESOLUTION NO. 15-69. RESOLUTION DIRECTING FILING OF AN AMENDED ENGINEER S REPORT AND AMENDED ESTIMATE OF COST IN ASSESSMENT DISTRICT NO. 5;; CITY :OF MORRO BAY,'SAN LUIS OBISPO COUNTY, CALIFORNIA RESOLUTION N0: 16-69. .''RESOLUTION AND ORDER APPROVING AMENDED ENGINEER S REPORT, ORDERING,THE CONSTRUCTION OF IMPROVEMENTS, AND•CONFIRMING ASSESSMENT, ASSESSMENT DISTRICT NO. 5,,,CITY OF MORRO BAY,.SAN LUIS OBISPO . COUNTY, CALIFORNIA , r, RESOLUTION NO. 17-69. 'RESOLUTION AUTHORIZING CHANGES IN THE WORK TO BE MADE BY THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF MORRO BAY, SAN.LUIS OBISPO.COUNTY,.CALIFORNIA RESOLUTION NO. 18769. RESOLUTION OF AWARD OF CONTRACT,, ASSESSMENT DISTRICT NO. 5, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA t MOTION: Councilman Donohoo moved that Resolutions No. 15-69 through 18-69 be read by title only. The motion 'was seconded by Councilman Mallery and unanimously carried. Mr. Little read.Resolutions No. 15-69 through 18-69 by title only. MOTION: Councilman Mallery moved for the adoption of Resolutions No. 15-69 through 18-69. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote with Councilman Keiser absent. 3. Improvement District No. 4 Mayor Giannini declared the public hearing open at 7:45 p.m. Those speaking against all or a portion of the proposed improvements were: Dan Stack on behalf of John Ruskovich, Mrs. Francis, Mr; Stuart, Mr. Caughel, Bea Guzik, Mr. Hughes, Mr. Yancy, Neil Kline, Mr. Criddle, Elmer Schmuke, Mr. Pierce, L. E. Crawford, Mr. Francis, Boyce Brown, and Mave Hays. Those speaking for the improvements were: Mr. Leonard Ewing, Jack Youngs, Dr. Petzold, Mrs-. Schaffer, Sam Canale, Bruce Dixon, Mrs. .. Potter, and Marge Claasen. Mayor Giannini declared the public hearing closed at 9:20 p.m. Councilman Mallery expressed his feeling that the city should either abandon the project or reduce the district in size. He noted'that if the city abandons the.project then the people willhave to initiate it again in order to get the necessary improvements. He suggested saving part of the money already'spent,by cutting the project down in size. He also noted that the protests received have been scattered throughout the area and"questioned whether the people could initiate separate districts for the area. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting January 31, 1969 Page Three Mr. Ed Ness noted that the city has some element of gain by having a large project rather than breaking up the same project into several smaller ones. Mayor Giannini felt these was a preponderance of opposition to the project. He estimated that between 65 and 75% were not in.favor of the district, but he did feel that some improvements were necessary. Mayor Giannini felt that the city should furnish equipment if the people bought redrock for the roads. He was in favor of cutting the district down to include the people who -could afford the improvements and who were in favor of them. He informed the Council that he had called the County Tax Assessor's office regarding the amount of increase in taxes which would be added by the improvements. The information given him was that a $3000 lot with $1000 worth of improvements would then be valued at $5000. Councilman Bickford did not feel that even a 51% protest was -required to abandon this project; however, he felt that 22% was a more accurate estimate of the protests. Councilman Donohoo stated that it was not possible to determine how to divide this assessment district on the basis of the results of this meeting. Mr. Ness felt there was merit in saving the money already: spent by the city for this project and suggested that this matter be continued to the City Council meeting of February 25, 1969. RESOLUTION NO. 19-69. RESOLUTION CONTINUING C014SIDERATION OF ALL MATTERS IN CONNECTION WITH ASSESSMENT DISTRICT NO. 4, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA MOTION: Councilman Mallery moved that Resolution No. 19-69 be read in its entirety. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution.No. 19-69 in its entirety, inserting February 25, 1969, as the date for the consideration of this matters. MOTION: Councilman Bickford moved for the adoption of Resolution No. 19-69. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote with Councilman Keiser absent. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman.Bickford and unanimously carried. The meeting adjourned at 10:.20:p.m. Recorded by: M. J. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk • CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING January 28, 1969 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of January 14, 1969 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator UNFINISHED BUSINESS C-1 City Council standing committees C-2 Request of Virgil Moores for additional lease site C-3 Planning Commission Ordinance C-4 Elm Avenue and Bonita Street Improvements C-5 Ordinance No. 75 "Golf Carts" (Second.Reading) C-6 Joint meeting with Morro Bay Parks & Recreation Commission C-7 Resolution accepting work and giving notice of completion (Select System Project No. 41) C-8 Review of berthing regulations for city -owned piers and docks C-9 Resolutions authorizing changes in permitted uses for certain lease sites C-10 Resolution of intention to abandon a portion of Beach Street and setting date for hearing NEW BUSINESS D-1 Resolution granting Use Permit to Morro Bay Cub Scouts D-2 Ordinance repealing Title X of the Morro Bay Municipal Code and adopting a new Title X and a Uniform Fire Code (First Reading) CORRESPONDENCE ADJOURNMENT To be adjourned to 7:30 p.m. on January 31, 1969 CALENDAR 1. City Council meetings: January 31, February 11 and 25, 1969 2. Planning Commission meetings: February 4 and 18, 1969 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 28, 1969 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 Giannini gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Donohoo, Keiser, and Mayor Giannini ABSENT: Councilman Mallery MINUTES: The minutes of the regular meeting of January 14, 1969 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman Bickford and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION: A-1 City Council 1.. Councilman Donohoo noted his feeling that the Council should go on record as expressing their sincere appreciation to the loyal city employees who worked so diligently during the recent storm. The other members of the Council'cohcurred. MOTION: Councilman Keiser moved that staff express to the employees at the next meeting of the Employees' Association, or by letter, the gratitude of the Council for their efforts above and beyond the call of duty during the recent storm. The motion was seconded by Councilman Bickford and unanimously carried. 2. Councilman Keiser reported on the League of California Cities meeting which she attended in Santa Maria. She noted that the main topic of discussion at the meeting had been labor relations and salaries. 3. Councilman Keiser stated she had received a call from Mr. Roger Case, the new Commodore of the Morro Bay Yacht Club. Mr. Case had mentioned Mrs. Keiser's remark at an earlier Council meeting regarding the poor condition of the area leased by the Yacht Club. Mr. Case resented the statement and asked that Councilman Keiser attend the executive meetings of the Yacht Club to make the Council's desires known to the club. Councilman Keiser indicated her feeling that this would not be proper, but noted that she would do whatever the Council felt was best in the matter. MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL January 28, 1969 Members of the Council agreed that this was not necessary and felt that no further action should be taken in the matter. 4. Mayor Giannini questioned staff regarding any action that may have been taken relative to establishing Police Department policies. He was informed by the City Administrator that certain memos had been prepared to Chief Holeman as directed by the Council during the discussion at the previous meeting. Mayor Giannini felt that Council.action should be taken on this matter. Councilman Donohoo explained the'reasoning behind this action taken by staff and the deferment of Council determination on this matter until after the submission of this information by the Police Chief. Mayor Giannini suggested that this be brought to the next Council meeting for formal determination by the Council. 5. Mayor Giannini read a prepared statement in which he reviewed his actions'in investigating the "Marsden Case" and expressed his feeling that the city government was involved in a calloused conspiracy which was incriminating everyone connected with it. He noted that he had made all the facts in the case public, and has discharged his obligation to the people. A-2 City Attorney Mr. Madden informed the Council members that the State Land Commission has approved the Boundary Agreement in the Pipkin Litigation and noted that he had been supplied complete documents in the Brebes - Pierpoint transaction. He recommended that'the city continue to proceed with the finalization of the Pipkin'case and then consider the assignment of the new type of lease from Brebes to Pierpoint. He noted his feeling that the Pipkin case would be settled at an early date and informed the Council members that he would be available at any time for consultation on the matter.. A-3 City Administrator 1. Mr. Little informed the Council that certain matters had come to the attention of the city after the agenda had been printed. He recommended Council approval to include the following matters on the agenda for this meeting: B-1 Report on storm damage' B-2 Appearance of representatives of the abalone industry B-3 Review of bids for Select System Project No. 42 B-4 Report on condition of trees on San Jacinto Street The Council members indicated their approval for the addition of these matters to the agenda under "Hearings, Appearances, and Reports". 2. Mr. Little informed the Council that the Morro Bay-Cayucos Sanitary Plant has received the Plant of the Year award from the Tri-Counties Section of the California Water Pollution Control MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 28, 1969 Page Three Association. He•read a memo from Acting Director of -Public Works, Doug Stuart, explaining the organization, the area included.in this contest, and the method used to make the award. Mr. Little noted that Mr. Rogallo and Mr. Claude Born were present, representing the Cayucos Sanitary District. He presented the award to both agencies and stated that the plaque will be on display at -the treatment.plant and the trophy at City Hall. Mayor Giannini added his congratulations and noted that it was an honor for the city to have this trophy, but it was a greater honor for the city to have in its employ the men who made this possible. 3. Mr. Little requested permission to start action to request a re-grading,survey of the city by the Pacific Fire Rating Bureau. He noted that this would take some time, but.would benefit the city by lowering fire insurance rates. MOTION: Councilman Donohoo moved that staff be authorized to request a re -grading survey of the city. The motion was seconded by Councilman Bickford and unanimously carried. 4. Mr. Little presented the Expenditure Report for the.period January 1 through January 15, 1969 for the approval of the Council. MOTION: Councilman Donohoo moved that the Expenditure Report for the period January 1 through January 15 be approved. The motion was seconded by Councilman Bickford'and unanimously carried. 5. Mr. Little presented the Financial Report for the period July 1 through December 31, 1968 for the Councils approval. MOTION: Councilman Donohoo moved that the Financial Report for the period July 1 through December 31, 1968 be approved. The motion was seconded by Councilman Bickford and unanimously carried. 6. Mr. Little presented a request for transfer of funds from equipment replacement, capital improvement, and unbudgeted reserve accounts in the amount of $16,704.00 to compensate for various purchases and repairs. MOTION: Councilman Bickford moved that the transfer of funds in .the amount of $16,704.00 be approved. The motion was seconded by Councilman Donohoo and unanimously carried. 7. Mr. Little requested Council approval'of his at at the spring meeting of the City Manager's Department of the League of California Cities in Monterey on February 26, 27, and 28. MOTION: Councilman Bickford moved that the City Administrator be, authorized to�attend this meeting. The motion was seconded by Councilman Donohoo and unanimously carried. u MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL January 28,.1969 8. Mr. Little presented a request from Chief Holeman to attend an All -Zone Meeting for Sheriffs and Chiefs of Police, ordered by the Attorney General's Office which is being held in conjunction with the Mid -Winter Meeting of the California Peace Officers' Association in Los Angeles on February 5, 6, and 7. MOTION: Councilman Donohoo moved that Chief Holeman be authorized' to attend this meeting. The motion was seconded by Councilman Bickford and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS: B=1 Report on Storm Damage Mr. Little read the report prepared by Doug Stuart, Acting Director of Public Works, relative to the damage occuring to the city sewage system, water system, streets, and harbor during the recent storm. Councilman Keiser noted that there had been quite a lot of concern over the damage to the twin bridges on the.Baywood Road. She asked the City Administrator to explain the damage'and the plans the city has for the future relative to these bridges. Mr -Little explained that the city has recognized this problem and has set aside $25,000 in this year's budget from Gas Tax revenues in order to begin saving for this project. He explained the damage sustained during the storms and noted that the engineer's estimate for this project is $250,000. He also explained the various ways the city may be able to obtain outside financing for part of the project. . Mayor Giannini noted that the trees in Morro Bay were of concern to many people. He felt that the Council should perhaps activate the tree committee and noted that John Fleming had indicated his willingness to serve in this capacity. Mr. Little explained that the city had had a tree committee which acted as an advisory committee to the Planning Commission during their study of the city tree planting program. However, since the study was completed, the group is no longer active in this manner. Mayor Giannini felt that the committee should look into the care and maintenance of trees in the community and report to the Council. Councilman Bickford felt that in order to make any study of this nature, the city would have to employ professional people. He did not feel that ordinary citizens would be capable of determining if a tree is dangerous. However, he had no objections to the committee bringing to the attention of the Council trees they felt should be checked by professionals. Councilman Keiser stated that the tree committee was still activated. She felt that the committee could do the job of referring problem trees to the Council for further action. 0 �. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 28, 1969 Page Five MOTION: Councilman Keiser moved that staff contact the tree committee and ask their help in this'matter. The motion was seconded by Councilman Bickford and unanimously carried. B-2 Appearance of representatives of the Abalone Industry Mr. Little read a letter from Chuck Sites, a member of the Abalone Industry, requesting the Council's help, and support in having the sea otter removed from the local abalone beds. Mr. Sites.stated that his group had come before the previous Council in 1961 to ask help with,this problem. The Council had, at that time, passed a resolution in support of legislation.to allow out of state shipment of California abalone; however, the Council did not feel there was enough cause to'pass a'resolution relative to the removal of sea otters. He referred to a lengthy report on the matter put out by the Fish and Game Department and presented to the Senate in 1967. Mr. Sites informed the Council that the problem involved the nine mile area between Point Estero and Cambria, which includes 42% of the State's production and 70% of Morro Bay's production of abalone. He noted that a January, 1969 report showed 74 otters slightly south of the radar station. He mentioned figures showing the loss to the abalone industry caused by the sea otters and stated that the industry would be out of business in this area unless action was taken soon. He requested that a resolution from the Council be sent to the Governor with a copy to Senator Grunsky and the Fish and Game Department requesting that an all-out effort be made to remove these otters from south of the sea otter reserve. Councilman Keiser asked if the State has allocated monies for the removal of -these creatures. Mr. Sites replied that the State had allocated funds for a three-year study, but action must be taken before then in order to preserve the abalone industry in the local area. Councilman Bickford recognized the importance of the industry to the area, but suggested that a report from the biologist in. charge of this removal program be submitted to the city before action was taken. MOTION: Councilman Donohoo moved that staff draft a resolution relative to the removal of the sea otters for presentation on January 31, 1969. The motion was seconded by Council- man Keiser and.unanimously.carried. B-3 Review of bid results on Select System Project No. 42 Mr. Little reported that six bids were received for this project which is the installation of curbs, gutters, and sidewalk along Quintana Road in front of the State Maintenance Yard and Morro Palms Trailer Park. He explained that bids were received for four alternate programs. These alternates consisted of: MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 28, 1969 Page Six (1) Installation of curbs, gutters, and sidewalk in front of State property (to be paid for by State). (2) Installation of curbs, gutters, and sidewalk in front of Morro Palms Trailer Park. (3) Necessary paving to connect existing pavement to completed improvements. (4) The complete project Mr. Kidwell, owner of Morro Palms Traiier Court, has indicated that he wishes to contract for the construction in front of his property. Therefore, Mr. Little requested that the city grant a contract to Harold Peterson for the improvements in front of the State Property in the amount of $3,321.70 (Alternate No. 1) and grant a contract to C. S. Construction Company for the paving to connect the existing pavement to completed improvements in the amount of $2,092.20 (Alter- nate No. 3). MOTION: Councilman Bickford moved that these contracts be awarded as recommended by the City Administrator. The motion was seconded by Councilman Donohoo and unanimously carried. B-4 Report on condition of trees on San Jacinto Street Mr. Little noted the dangerous condition of the grove of eucalyptus trees on San Jacinto after the recent storms and high winds. He informed the Council that Doug Stuart had contacted Layton Tree Service regarding these trees and the following bid has been sub- mitted for trimming, topping, and shaping the eucalpytus trees on the north side of San Jacinto between the freeway and Sandalwood: (a) Freeway to Coral Street $884.00 (b) Coral to Sandalwood 663.00 Total $1,547.00 Mr. Little noted that the trees on the south side of San Jacinto belonged to the property owners, and Council permission was not needed to allow the owners to take the necessary action to make these trees safe. Mr. Madden noted that this situation was dangerous and recommended that the Council give serious consideration to this matter. After further discussion the following motion was made: MOTION: Councilman Donohoo moved that staff be authorized to negotiate to have this work done. The motion was seconded by Councilman Bickford -and unanimously carried. UNFINISHED BUSINESS: C-1 City Council standing committees Councilman Donohoo noted that Councilman Mallery had requested that this item be placed on the agenda; and since Mr. Mallery was unable MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL January 28, 1969 to attend this meeting, he suggested that this matter be deferred until the next meeting. The.Council agreed. C-2 Request of Virgil Moores for additional lease site Mr. Little stated that the Council had deferred action on this item from the last meeting until more information could be gathered by staff. He referred to a lease site map showing Lease Site 128 where Mr. Moores now has his repair shop, but does not have a lease with the city for this area. Mr. Little informed the Council that Mr. Moores would like to lease this site and all or a portion of Lease Site 128W. He advised the Council that the city has also received a request from Mr. Chuck Sites to lease this area which is almost directly behind the area he now sub -leases from Gilbert Crill. Mr. Madden noted that it was,not mandatory for the city to call for bids in this matter, but it was the recommended method of awarding lease sites. He noted that -Mr. Moores had indicated that he had been promised an option to lease this area by the county, but the city does not have any, record of such a promise. Mr. Moores informed the Council that the county had agreed that he could lease both 128 and 128W, if he should so desire, but this was a verbal agreement only. Mayor Giannini felt that unless.'some verification was given of this promise by the county, the.sites would have to be placed out for bid. Mr. Madden felt it was good policy to have this area put out to bid. He felt that'the city should make a determination of where the lease site lines are, determine the minimum terms acceptable to the city for leasing the area, and call for bids. Mr. Little.requested that the Council direct staff to compile. further information on the size of this site and report back at the next meeting. He also suggested that.the Council,give consideration as to how to proceed with the advertising for bids for this area. MOTION: Councilman Donchoo moved that the City Administrator and staff be authorized to work out details on this and submit it back to the Council at the next meeting. The motion was seconded by Councilman Bickford and unanimously carried. C-3 Planning Commission Ordinance Mr. Little stated that the Council members had considered revising the Planning Commission Ordinance. However, before the ordinance was prepared and submitted to the Council, some question was raised as to the reasoning behind the motion.to change the ordinance. Therefore, a copy of the minutes of May 28, 1968 relative to this proposed change have been furnished to the Council members. He MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, January.28, 1969 Page Eight requested that the Council make a determination as to how staff was to proceed with this matter. Councilman Bickford felt that this matter should be deferred until Councilman Mallery could be present. MOTION: Councilman Donohoo moved that this item be deferred until the next meeting. The motion was seconded by Councilman Keiser and unanimously carried. C-4 Elm Avenue and Bonita Street Improvements Mr. Little recommended that the Council direct the Superintendent of Streets to notify the property owners to construct the improve- ments in accordance with the Short Assessment District Proceedings. MOTION: Councilman Keiser moved that the Superintendent of Streets be authorized to notify the property owners to construct the improvements. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little also requested that the Council set the date for a protest hearing on these improvements for February 11, 1969. MOTION: Councilman Donohoo moved that the protest hearing on these improvements be set for February 11, 1969. The motion was seconded by Councilman Keiser and unanimously carried. C-5 ORDINANCE NO. 75. AN ORDINANCE CREATING AND ADDING SECTION 8515 TO CHAPTER V, TITLE VIIIOF THE MORRO BAY MUNICIPAL CODE ENTITLED "GOLF CARTS" Mr. Little read Ordinance No.'75 in its entirety. MOTION: Councilman Bickford moved for the adoption of Ordinance No. 75. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote with Council- man Mallery absent. C-6 Joint meeting with Morro Bay.Parks and Recreation Commission Mr. Little advised the Council that the Parks and Recreation Commission had suggested a meeting date of February 17, 1969 in the Recreation Hall. 1. After discussion, the Council decided to defer action on this matter until January 31 and directed staff to consult with the Commission to determine if it is possible to hold the meeting on another date. MOTION: Councilman Donohoo moved that this matter be deferred until January 31, 1969'. The motion was seconded by Councilman'Bickford and unanimously carried. MINUTES - MORRO BAY CITY - COUNCIL Regular Meeting January 28, 1969 Page Nine C-7 RESOLUTION NO. 5-69. RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR APPLYING BITUMINOUS SEAL TO VARIOUS STREETS IN THE CITY'OF MORRO BAY (SELECT SYSTEM PROJECT'NO. 41) MOTION: Councilman Donohoo moved that Resolution No. 5-69 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Resolution No. 5-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 5-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote with Councilman Mallery absent.. C-8 Review of berthing regulations for city -owned piers and docks Mr. Little stated that this matter had been deferred from the last meeting. He noted that these regulations had been prepared by the City Finance Officer in conjunction with the City Attorney and the Audit and Finance Committee. Mayor Giannini stated that he was in agreement with all of the regulations except the $1.00 per day rental at the city "T" pier. He felt that when boats were sometimes tied 5 and 6 abreast, this amount should not be charged. He felt that the city should give boat owners a period of 36 or 48 hours free time to outfit their boats. Comments were heard from Mr. Chuck Sites relative to the expense of bookkeeping for this small amount of time. He also agreed that the city should grant boat owners a small amount of free time at the pier. Discussion was held among Council members and it was decided to adopt these regulations, and if necessary, change this rental at a later date. MOTION: Councilman Donohoo moved that these regulations be adopted by the city with the daily rental to be changed later, if necessary. The motion was seconded by Councilman Bickford and unanimously carried. C-9 RESOLUTION NO. 6-69. RESOLUTION AUTHORIZING CHANGES IN PERMITTED USES ON LEASE SITES 91, 92, 91W, AND 92W, ANDERSON RESOLUTION NO. 7-69; RESOLUTION AUTHORIZING CHANGES IN PERMITTED USES ON LEASE SITES 134-137, CRILL RESOLUTION NO. 8-69. RESOLUTION AUTHORIZING CHANGES IN PERMITTED USES ON LEASE SITES 61 AND 61W, kORRO.BAY YACHT CLUB RESOLUTION NO. 9-69. RESOLUTION AUTHORIZING CHANGES IN PERMITTED USES ON LEASE SITES 93-95 AND 93W-95W, CONGER I" 46 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 28i-1969 Page Ten RESOLUTION NO. 10-69. :RESOLUTION AUTHORIZING CHANGES IN PERMITTED USES ON LEASE SITES 75, 76, 75W, AND 76W, BAYNHAM MOTION: Councilman Donohoo moved that Resolutions No. 6-69 through 10•69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolutions No. 6-69 through 10-69 by title only. MOTION: Councilman Donotioo moved that Resolutions No. 6-69 through 10-69 be adopted. The motion wa's seconded by Councilman Bickford and unanimously carried by roll call vote with Councilman Mallery absent. C-10 RESOLUTION NO. 11-69. RESOLUTION OF INTENTION TO ABANDON A PORTION OF BEACH STREET (FORMERLY 8TH STREET) AND SETTING DATE FOR HEARING MOTION: Councilman Donohoo moved that Resolution No. 11-69 be read by title only. The motion was seconded by . Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 11-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 11-69. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote with Councilman Mallery absent. NEW BUSINESS: D-1 RESOLUTION NO. 12-69. RESOLUTION GRANTING A USE PERMIT TO THE MORRO BAY CUB SCOUTS Mr. Little informed the Council that the city has received a . request from Mr. Percy E. Warner, Secretary of Cub Scout Pack 14, for the yearly Use Permit for the soap box derby type races to be held on San Joaquin Street. MOTION: Councilman Donohoo moved that Resolution No. 12-69 be read by title only. The motion was seconded by Council- man Bickford and unanimously carried. Mr. Little read Resolution No. 12-69 by title only. MOTION: Councilman Bickford moved for the adoption of Resolution No. 12-69. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote with Councilman Mallery absent. 0 46 MINUTES - MORRO Regular Meeting Page Eleven BAY CITY COUNCIL January 28, 1969 D-2 ORDINANCE NO.. 76. AN ORDINANCE REPEALING TITLE X OF THE MORRO BAY MUNICIPAL CODE ENTITLED "FIRE PROTECTION AND PREVENTION" AND ADOPTING A UNIFORM FIRE CODE, AND ADOPTING A NEW TITLE X ENTITLED "FIRE PROTECTION AND PREVENTION" AND ADOPTING A UNIFORM FIRE CODE. r .. Mr. Little read Ordinance No. 76 in its'entirety. MOTION: Councilman Bickford moved that this constitute the first reading of Ordinance No. 76. The motion was seconded by Councilman Donohoo and unanimously carried. CORRESPONDENCE: 1. Information from Bureau of Land'Management regarding the county auto graveyard Mr. Little advised the Council that Mr. Rogoway had suggested that another letter be written to the Bureau expressing the city's support of this project. MOTION: Councilman Bickford moved that staff be authorized to write a letter to the Bureau ,of Land.Management expressing support of this project. The motion was seconded by Councilman Donohoo and unanimously carried. 2. Minutes of.Fish and Game Commission meeting of November 1, 1968. 3. Minutes of Harbors and Watercraft Commission meeting of December 9, 1968. 4. Letter from Robert C. Walker, Director of Harbors and Water- craft Commission,expressing appreciation for arrangements for meeting held in Morro Bay on January 13, 1969. 5. Letters from City of Indio, City of Marysville, and City of ' Daly City and resolutions re legislation of State of California to provide for relief and tax reform for California property owners. 6. Letter from Maurice A. Cheda re traffic ticket. 7. Letter from Citizens' Tree Committee re removal of palm tree in traffic island at Quintana and Morro Bay Boulevard and offering assistance in city tree planting program. MOTION: Councilman Keiser moved that the palm tree be removed. The motion was seconded by Councilman Bickford and unanimously carried. 0 46. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 28, 1969 Page Twelve MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Bickford and unanimously carried. ADJOURNMENT: MOTION: Councilman,.Donohoo moved that the meeting be adjourned to January 31, 1969,.at 7:j0 p.m. in the Morro Bay Recreation Hall. The motion was seconded by Councilman Keiser and unanimously carried. The meeting was adjourned at 10:19 p.m.' Recorded by: M. J. LITTLE, City Clerk /. By: Carolyn L. Wentzell Deputy City Clerk . NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Morro Bay will conduct Public Hearings on Tuesday. January 14, 1969, at 7:30 p.m. in the Morro Bay Recreation Hall, Dunes Street and Shasta Avenue, Morro Bay, California, to consider the following: 1. Report under special assessment investigation, limitation, and majority protest act of 1931, Assessment District No. 4. 2. Resolution of Intention and Engineer's Report for Assessment District No. 5. DATED: December 30, 1968 JOSEPH C. GIANNINI, Mayor City of Morro Bay, California By; M. J. ITTLE, City Clerk 46 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING January 14, 1969 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of December 10, 1968 2. Adjourned regular meeting of January 3, 1969 3. Executive session of January 3, 1969 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator HEARINGS, APPEARANCES, AND REPORTS B-1 Report and recommendations of Planning Commission on request of Morro Bay Motel Association for erection of directional signs B-2 Public hearing on Debt Limit Report and Engineer's Report and Assessment for Improvement District No. 4 B-3 Public hearing on Resolution of Intention and Engineer's Report for Improvement District No. 5 UNFINISHED BUSINESS C-1 Request for approval to abandon portion of Beach Street - Lyle's property C-2 Letter from property owners regarding closing of Oak Street C-3 Golf Cart Ordinance -' First Reading C-4 Resolution accepting work and giving notice of completion, Select System Project No. 40 , C-5 Installation of curbs and gutters in front of Fire Station No. 2 C-6 Review of bids on 1/2 ton pickup for meter reader C-7 Resolution awarding liability insurance coverage NEW BUSINESS D-1 Request of Virgil Moores for additional lease site D-2 Review of berthing regufations'for city -owned piers and docks D-3 Resolution of the Planning Commission regarding changes in.Zoning Ordinance D-4 Resolution approving boundary agreement D-5 Police Department policies D-6 .Public Works Department personnel CORRESPONDENCE ADJOURNMENT CALENDAR' 1. City Council meeting: January 28, 1969 2. Planning Commission meeting: January 21, 1969 MINUTES - MORRO BAY Regular Meeting January 14, 1969 7 Morro Bay Recreation CITY COUNCIL 30 p.m. Hall The meeting was called to order at 7:35 p.m. with the Pledge of Allegiance. Mayor Giannini gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Donohoo, Mallery, and Mayor Giannini ABSENT: Councilman Keiser MINUTES: The minutes of the regular meeting of December 10, 1968, the adjourned regular meeting of January 3, 1969, and the executive meeting of January 3, 1969 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman Bickford and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION: A-1 City Council COUNCILMAN KEISER IS NOW PRESENT 1. Councilman Mallery read a prepared statement in which he expressed his feelings regarding the Mayor's actions in the controversy concerning the Police Department. He stated that the Mayor has never furnished proof of his allegations against the Police Department and felt the Mayor's attack on the department was a personal vendetta in retaliation for .the investigation of the Mayor by the Police Department. Councilman Mallery felt that every Councilman has a right to disagree but not to attempt to disrupt the city's government. He mentioned the incidents of December 27 and 30 regarding the Mayor's actions against the City Administrator at City Hall. He stated that the Mayor had threatened the City Administrator with reprisal at the next election and noted that if the Mayor insists on continuing with his actions, he would answer the Mayor personally. Mayor Giannini stated that no amount of threats was going to deter him from doing what was right and just. He recommended that the matter of the Mayorship be placed on the ballot in the future. 2. Mayor Giannini recommended that the city send a letter of thanks to Sam Adcock of .Cayucos for helping Officer Curtis during the attack,on the officer by a motorist who was stopped by Officer Curtis. 3. Mayor Giannini stated that he felt item 6-5 should be moved to "Unfinished Business" on the agenda since it had been discussed by the Council in executive session on January 3. 46 4 MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL January 14, 1969 4. Mayor Giannini stated that he was disturbed by the Marsden case. He questioned the health of Officer Marsden in relationship to his full capacity function on the Police Force. He read a'letter from Dr. Williams dated Juhe 12, 1968 which stated that Officer Marsden's condition appeared to be improving with the proper medical treatment until he strained his back lifting an object and caused further injury. Dr. Williams stated that Officer. Marsden has a congenital or block vertebrae in the lower cervical spine and any extreme exertion will cause extreme pain. The letter stated that it would not be advisable for Officer Marsden to do any kind of duty as a police officer that might confront him with further injuries to the cervical spine and suggested work with the youth in the community. Dr. Williams felt that retiring a young man of Marsden's age and capabilities would not be in his best interest. Mayor Giannini stated that, according to the newspaper reports, the only clearance received for the re -hiring of Officer Marsden was from Chief Holeman. The statement'about a•"clean bill of health" was not given to the press, according to Chief Holeman. The Mayor stated that according to Resolution No. 29-65, Personnel Rules and Regulations, an employee absent for more than three days may be requested to file a physician's certificate stating the cause of the absence. He questioned the legal status of Officer Marsden in this matter. Mr. Madden informed the Council that.a hearing had been set before the Workmen's Compensation.Board, but was postponed until a later date. He felt that if the -Council had any question about the physical standards involved, they should: (1) secure a current medical report on the physical condition of Mr. Marsden, at the city's expense, and (2) give thought to establishing definite physical standards for public safety employees. Mayor Giannini recommended that.a physical examination be taken at once. Councilman Keiser felt that -'the State Compensation Fund should decide the physical condition of Officer Marsden. She stated that this suit would not be against the city, but against State Compensation who handles the workmen's compensation insurance for the city. Mayor Giannini mentioned the statement of State Compensation denying insurance coverage for any further disability on this congenital problem. He stated that the.problem involved was Marsden's filing for retirement after being placed back on full-time active duty without medical.clearance. Councilman Bickford felt that there was no problem since Marsden was still covered by the city's insurance policy. He stated that the fact that the claim was denied by State Compensation does not mean that this is the final action in the matter. Mr. Madden stated that if the claimant and carrier are not satisfied and do not make an arrangement on a claim, the employee may appeal i MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL January 14, 1969 to the Workmen's Compensation Appeals Board for a decision. Any appeal on their decision would be to the District Court of Appeals. 5. Councilman Keiser suggested that the city write a letter of congratulations to Supervisor Kidwell on becoming chairman of the County Board of Supervisors. She also stated that there had been more than one citizen who had helped Officer Curtis when he was assaulted. She felt the city should write letters of. thanks to all citizens involved in the assistance rendered to the Police Officer. MOTION: Councilman Keiser moved that a letter of congratulations be sent to Supervisor Kidwell upon his appointment as chairman of the Board of Supervisors. The motion was seconded by Councilman Donohoo and unanimously -carried. Councilman Donohoo stated that he concurred with the statement made by Councilman Mallery earlier in the meeting. Councilman Bickford stated that he did not concur with all of the comments made by Councilman Mallery, but he agreed that the Mayor's conduct concerning the city employees and staff in the past months has been less than desirable. Councilman Keiser agreed with Councilman Bickford. A-2 City Attorney Mr. Madden reported that the Ambulance Committee had met with the ambulance operators and representatives of the county and a definitive agreement between the county and the ambulance operators has been drafted. He informed the Council that copies of this, agreement are on file in the City Clerk's Office. A-3 City Administrator 1. Mr. Little presented the Expenditure Reports for the period December 1 through December 31, 1968 for the approval of the Council. MOTION: Councilman Donohoo moved that the Expenditure Reports for the period December l through December 31, 1968 be approved. The motion was seconded by Councilman Bickford and unanimously carried. 2. Mr. Little presented an announcement of the meeting of the Channel Division of the League of California Cities to be held in Santa Maria on January 18, 1969. He requested that the Council members advise him prior to noon on the following day if they would be attending this meeting. 3. Mr. Little presented a request from Fire Chief Rieger to attend the Fourth Annual California Fire Services Staff and Command School to be held in Davis from January 27 through January 31, 1969. MOTION: Councilman Bickford moved that the Council authorize Chief Rieger's attendance at this meeting. The motion was seconded by Councilman,Keiser and unanimously carried. MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL January 14, 1969 4. Mr. Little informed the Council that the Parks and Recreation Commission had requested a joint meeting with the Council to discuss the 1969 recreation activities of the Commission and also the budget requests for the fiscal year 1969-70. The Council members indicated'their agreement with this request and instructed staff to make the necessary arrangements. HEARINGS, APPEARANCES, AND REPORTS: B-1 Report and recommendations of Planning Commission on request of Morro Bay Motel Association for erection.of directional signs Mr. Little stated that the Motel Association has brought a request. before the Council for additional signs to aid in stimulating business in the northern area of the town. This request had been referred to the Planning Commission for their review and report back to the Council. He read the recommendations of the Planning Commission which included: (1) The removal of an unused State sign north of Yerba Buena Avenue and the installation of a sign reading "Main Street" under the existing "Yerba Buena Avenue" sign. (2) The removal of the State sign designating "54th Street" (3) The installation of a sign at the intersection of Highway 1 and Highway 41 reading as follows: "Food and Lodging" with right arrow, "Beaches" with vertical arrow, and "Central Business District" with left arrow (4) The replacement of the existing "U. S. 101" sign at intersection of South Bay Boulevard and Quintana Road with another sign reading "Freeway Entrance" with vertical arrow, and "Central Business District" with left arrow. Comments were heard from Mr. James Ward, and from Mrs. Audrey Holl, Secretary of the Motel Association relative to the contribution these signs would make to the economy of the city. MOTION: Councilman Keiser moved that staff be instructed to.contact the State of California regarding the recommendations of the Planning Commission involving the State, and also that the city construct and install the necessary signs to comply with the recommendations of the Planning Commission. The motion was seconded by Councilman Bickford and unanimously carried.. 46 MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL January 14, 1969 B-2 Public hearing on Debt Limit Report and Engineer's Report and Assessment for Improvement District No. 4 Mr. Ed Ness explained that before the public hearing was opened, it,was necessary to present a summary of the debt limit report. He stated that there had been a great deal of confusion as to how this project came about and explained that his firm had been employed to investigate the methods of accomplishing the work of construction of public improvements where the cost'is to be assessed against the properties that benefit from them. A considerable amount of money would have to be expended in order to engage the engineer for this project and the Council wanted an indication of the feeling of the property owners in the area before authorizing more expenditures. Mr. Harold Bare of Stone and Youngberg stated that the debt limit report had been filed with the City Clerk as of November 26, 1968. He briefly summarized the report which consists of: (1) Resolution calling for preparation of the report under the Investigation, Debt Limitation, and Majority Protest Act. (2) Map outlining the extent of the district (3) Schedule showing the estimated cost of proposed improve- ments and estimated incidental expenses. (4) Lengthy tabulation outlining for each parcel the number by which it will be identified.in the project, the tax parcel number, the assessed value of the land, the assessed valuation.of the improvements on each.parcel, the true value of the land, the principal sum of all unpaid special assessments, and a break -down of benefits to each parcel included within the district. Mayor Giannini declared the public hearing open. Those speaking against all or a portion of the proposed improvements were: Mr. Bates, Ed Peckenpaugh, Mr. Hill, Mr. Bulk, Mrs. Stewart, Rudy Evans, Ed Horch, J. R. Fink, Paul McMahon, L. E. Crawford, Neil Macri, Bob Lamphere, Oran Cogdill, James Ward, Mrs. Houston, Marvin Graves, and Boyce Brown. Comments were heard from Mr. F. L. Luttrell and Mrs. Schaeffer in favor of the proposed improvements. City Engineer Sam Taylor informed the Council that the city has received written protests from approximately 15 - 20% of the total area of the proposed improvement district. He displayed the map showing the extent of the district and Harold Bare, Ed Ness, Mr. Taylor, and members of the Council and staff attempted to answer questions raised by the property owners present. RECESS: 10:00 P.M. RECONVENED: 10:15 p.m. 11 MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL January 14, 1969 Mayor Giannini asked if a meeting could be held in the Del Mar School to discuss this matter further. He was advised by Mr. Madden that the City Council Chambers would be the usual place for a meeting such as this. Comments were heard from Jack Youngs relative to. the Council obtaining a clearer picture of the number of people in favor of the project and the number protesting it. Councilman Mallery indicated his feeling that it would be possible to give improvements to the people who want them by changing the - size of the Improvement District. Councilman Keiser asked for a show of hands of people who were in favor of the project. Thirteen people indicated their desire to see these improvements installed. RESOLUTION NO. 1-69. RESOLUTION CONTINUING CONSIDERATION OF ALL MATTERS IN CONNECTION WITH ASSESSMENT DISTRICT NO. 4, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA MOTION: Councilman Mallery moved that the date for the continued hearing be January 3i, 1969 at 7:30 p.m. The motion was seconded by Councilman Donohoo'and unanimously carried.. Mr. Little read Resolution No. 1-69 in its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 1-69. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. B-3 Public hearing on Resolution of Intention and Engineer's Report for Improvement District No. 5. Mr. Little informed the Council that he had received no written protests on Improvement District No. 5, and that he had received one notice indicating favor toward the district. Mr. F. L. Luttrell stated he had contacted almost all of the owners in this small district and no one had indicated even mild opposition to the installation of these improvements. Mr. Ed Ness informed the Council that the lowest bid received on ,this project was $232.00 more than the engineer's estimate of the cost. He noted that it would be necessary to file an amended engineer's report, send notices to the property owners again, and hold another hearing for an increased assessment. The only other alternative would be for the city to pay for the extra $232.00, since the city had no power to levy an assessment in excess of the amount already levied. MOTION: Councilman Mallery moved that the city underwrite the $232.00 for this project., The motion was seconded by Councilman Bickford and unanimously carried. 0. MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL January 14, 1969 MOTION: Councilman Mallery moved that these proceedings be continued until January 31, 1969.at 7:30 p.m. The motion was seconded by Councilman Donohoo and unanimously.carried. UNFINISHED BUSINESS: Mayor Giannini again indicated his desire to consider item D-5 under "Unfinished Business" as item C-8. The Council agreed. Mr. Madden recommended that item C-7 be considered at this time because of the midnight expiration date for the city's insurance. The Council agreed. C-7 RESOLUTION NO. 2-69. RESOLUTION AWARDING LIABILITY INSURANCE COVERAGE Mr. Little stated that, at the direction of the City Council, the City Finance Director called for quotations from various insurance companies for the city,'s liability insurance for the next year. Four proposals have been submitted: (1) Coast Counties, Morro Bay $ 9,748.00 (2) Pollard and Cossa, Santa Maria 10,207.00 (3) Morro Bay Insurance Center 11,770.21 (4) M. V. Morley Insurance, Morro Bay 11,798.90 Councilman Mallery noted that these proposals.have been carefully checked by the Director of Finance and the Audit and Finance Committee. He also noted that Pacific Indemnity Company, who would write the coverage through Coast Counties, specialized in municipal and governmental coverage of this type.. - MOTION: Councilman Bickford moved that the Council accept the bid from Coast Counties Insurance in the amount of $9,748.00 for the city's insurance needs for one year The motion was seconded by Councilman Mallery and unanimously carried. MOTION: Councilman Donohoo moved that Resolution No. 2-69 be read by title only and the blanks be filled in in accordance with the previous motion made by Councilman Bickford. The motion was seconded by Councilman Keiser.and unanimously carried. Mr. Little read Resolution No. 2-69 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution. No. 2-69. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL January 14, 1969 C-1 Request for approval to abandon portion of Beach Street - Lyle's property Mr. Little explained that this was necessary'in order to comply with the Council's instructions to settle the matter with Mr. Lyle. MOTION: Councilman Bickford moved that staff be authorized to proceed with the necessary action to finalize this matter. The motion was seconded by Councilman Donohoo. and unanimously carried. C=2 Letter from property owners regarding closing of Oak Street Mr. Little noted that the Council had determined to abandon this street in March of 1968. However, since this time, the city has received several objections. The reasons given for the objections were easy access to Main Street, and in some instances, the closure of this street would allow certain uses of the property which would block the view of the surrounding property owners. MOTION: Councilman Mallery moved that the city leave Oak Street in the street system. The motion was seconded by Councilman Bickford and unanimously carried. C-3 ORDINANCE NO. 75. AN ORDINANCE CREATING AND ADDING SECTION 8515 TO CHAPTER V, TITLE VII OF THE MORRO BAY MUNICIPAL CODE ENTITLED "GOLF CARTS" Mr. Little read Ordinance No. 75 in its entirety MOTION: Councilman Mallery moved that this constitute the first reading of Ordinance No. 75. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. C-4 RESOLUTION NO. 3-69. RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR CONSTRUCTION OF STREET IMPROVEMENTS, RETAINING WALL AND DRAINAGE STRUCTURE IN THE CITY OF MORRO BAY ON BEACH STREET FROM WEST AVENUE TO EMBARCADERO ROAD (SELECT SYSTEM. PROJECT NO. 40). MOTION: Councilman Donohoo moved that Resolution No. 3-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 3-69 by title only. MOTION: Councilman Bickford moved for the adoption'of Resolution No. 3-69. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. C-5 Installation of curbs and gutters in front. of Fire Station No. 2 Mr. Little informed the Council that this installation was necessary as a part of the Elm Street Improvements which have been approved by the Council. 0 MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL January 14, 1969 MOTION: Councilman Mallery moved that the city install the necessary curbs and gutters in front of Fire Station No. 2 to comply with the requirements of the Elm Street Improvement District. The motion was seconded by Councilman Bickford and unanimously carried. C-6 Review of bids on 1/2 ton pickup for meter reader Mr. Little stated that at the request of the Public Works Department the Council authorized the city to call for bids for this vehicle. The bid results are as follows: Fred Breiden Chevrolet, Paso Robles $1,590.00 Hysen-Johnson Ford, San Luis Obispo 2,109.23 Palla Equipment, Paso Robles 2,277.51 MOTION: Councilman Mallery moved that Fred Breiden Chevrolet be awarded the contract'to furnish the city with a 1/2 ton pickup in the amount of $1,590.00. The motion was. seconded by Councilman Donohoo and unanimously carried. C-8 Police Department Policies Mr. Little read the memo prepared at the direction of the City Council incorporating the suggestions made by the Council members .at the executive session of January 3, 1969. These suggestions were: (1) Improving public relations (2) Relationship between businessmen and Police Officers (3) Wearing of uniform by Police Chief (4) Courtesy (5) Police Reserves (6) Warnings vs. citations Mayor Giannini felt that Neil Moses' recommendation to inviteparents of teen-age boys, the teen -alters themselves, and teachers conversant with the problem to sit with the Council and the Police Chief with a viewpoint to improve that relationship, should have been included in these policies. Councilman Keiser noted that the Police Department has programs in the elementary schools of the -community. She explained several of these projects for the benefit of those present. She also noted that Officer Marsden had been working in the high school and was very well liked by the young people. She felt that a better relation- ship should be obtained between the Police Department and the high school. •She stated thata shortage of manpower made it difficult for the Police Department to'present more programs in the schools. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 14, 1969 Page Ten Mayor Giannini questioned the reasons for the lack of cooperation between the high school and the Police Department. Councilman Mallery informed him that the problem does not involve the Police Chief in any manner. Councilman Donohoo noted that the Chief of Police had indicated his willingness to comply with any directions issued by the Council. Mayor Giannini felt that the youth problem was a very important one in the community. He read a signed statement from two transient youths who stated they had been treated rudely by the Police. Councilman Mallery stated that he did not have faith in this state- ment because he had done some investigating into the matter. Councilman Keiser explained the circumstances surrounding the incident. Neil Moses noted that this was the only specific case that has come to the attention of the City Council. He stated he had heard that the Police were giving hippies the "bum's rush" out of town and asked if these people were entitled to their full constitutional rights under the law. He recommended that the police be given directions to treat every person equally. He felt this was a serious problem. Councilman Donohoo noted that Mr. Moses had stated earlier that he was present at a meeting where Mr. Donohoo had stated that the Police policies were not proper. He informed Mr. Moses that this was not tune; what had been said was that if the Police were not treating people properly, their policy should be changed by the Council: Mr. Moses admitted that he might not have understood the statement correctly. Councilman Bickford stated that the so-called "hippies" have been spending a great deal of their time hitchhiking on the freeway. He noted that this was illegal and.felt it was the duty of the Police Department to check into these matters. Mr. Gilbert Crill noted -that Morro Bay does have a problem with these people because Morro Bay is a stopping -off place for.them on their way to Big Sur. Councilman Keiser stated that she had'no objections to long hair, but she felt the city was overlooking this one point: the police have picked up quite a few young people who have run away from home and their families have been notified oftheir whereabouts because of the Police policy. Lengthy discussion was held regarding the problem youth -- not only in the community, but in the nation as a whole. Councilman Bickford stated that if this incident transpired the way it was reported, the officer was wrong; however, he had some doubt as to whether this was the way it actually happened. He suggested that the Council instruct Chief Holeman to prepare a memo to the Council explaining the programs he currently has planned for youth and what he anticipates.in the future with the available manpower. MINUTES - MORRO Regular Meeting Page Eleven BAY CITY COUNCIL January 14, 1969 Comments were heard, from Bill Hart regarding police treatment of youth. Councilman Mallery stated he would like to have a better under- standing of the police reserve program which had been rejected by the former Council before he made a decision on the matter of police reserves. The Council discussed at length the other suggestions made by the Council to the Police Chief and decided to defer a determination on these policies until the memos were submitted by the Chief. NEW BUSINESS: D-1 Request of Virgil Moores for additional lease site Mr. Little referred to the letter from Mr. Moores requesting permission to lease property adjacent to his present lease site. Councilman Mallery suggested the appointment of a committee to investigate this matter further and report back to the Council. Mr. Madden suggested that the Mayor and the City Administrator be delegated to attend to this matter. The Council agreed and so directed. D-2 Review of berthing regulations for city -owned piers and docks MOTION: Councilman Mallery moved that this matter be deferred to a later date. The motion was seconded by Councilman Bickford and unanimously carried. D-3 Resolution of the Planning Commission regarding changes in Zoning Ordinance Mr. Little requested Council direction to prepare the ordinance and set a date for hearing. He suggested February the llth or 25th for presentation of this ordinance. MOTION: Councilman Bickford moved that the hearing be set for February 25, 1969'. The motion was seconded by Council- man Mallery and unanimously carried. D-4 RESOLUTION NO. 4-69. RESOLUTION APPROVING BOUNDARY AGREEMENT Mr. Madden explained that this boundary agreement was one of the settlement documents to be entered into in the Pipkin case. He explained that it had been approved by the District Attorney's Office, the attorney for several of.the plaintiffs in the suit, and the attorney for the State 'Lands Commission. He recommended approval of the resolution by the Council. MOTION: Councilman Mallery moved that Resolution No. 4-69 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. MINUTES - MORRO Regular Meeting Page Twelve BAY CITY COUNCIL January 14, 1969 Mr. Little read Resolution No. 4-69 by title only. MOTION: Councilman Mallery moved for the adoption of Resolution No. 4-69. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. D-5 Police Department policies (this matter was considered under Unfinished Business) ' D-6 Public Works Department personnel Mr. Little stated that the Council had decided to hire an engineer to head the Public Works Department; however, it was determined to bring this matter to the attention of the Council at this open meeting in order to take definite action.. Councilman Bickford noted that it was pointed out by the Audit and Finance Committee that the city had paid approximately $700.00 per month for the City Engineer and it was the feeling of the Council that perhaps it would be in the best interest of the city to incorporate this position and the position of Public Works Director. Councilman Mallery stated that it would probably take six month to find a new Public Works Director. He stated that Doug Stuart had done a fine job as Acting Public Works Director, but he felt the city should have an engineer in this Department. He noted that there were two matters involved in the hiring of an engineer for this position: (1) financing, and (2) finding the right man for the. job. The Council members agreed that'boug Stuart has done a fine job and the city has been very fortunate to have him; but the job classification calls for a registered civil engineer. Mayor Giannini referred to.engineering bills and expressed his concern over the high cost of engineering. He also felt that it would be expensive to supply the engineer's equipment and salary as Public Works Director. MOTION: Councilman Mallery moved that staff be instructed to proceed,with the normal process of advertising and - endeavoring to hire a fully qualified Public Works, Director. The motion was seconded by Councilman Donohoo. Roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, and Mallery NOES: Mayor Giannini ABSENT:, None CORRESPONDENCE: 1. Replies from Senator Murphy, Congressman Talcott, and Assembly- man Ketchum re closing Mexican border. 40, MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 14, 1969 Page Thirteen 2. Minutes of Fish and Game Commission meeting of October 4, 1968. 3. Agenda of Fish and Game Commission meeting of January 10, 1969. 4. Progress Report on Santa Rita -Jack Water Supply Project from San Luis Obispo County Flood Control and Water Conservation District. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Mallery and unanimously carried. ADJOURNMENT: MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was -seconded by Councilman Keiser and unanimously carried.. The meeting adjourned at 12:30 p.m. Recorded by: M. J. LITTLE, Cityy Clerk By: Carolyn L. Wentzell 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 Friday, January 3, 1969, at 7:30 p.m. in the Conference Room of City Hall, 595 Harbor Street, Morro Bay, California, to consider personnel matters. DATED: December 30, 1968 JOSEPH C. GIANNINI, Mayor City of Morro Bay, California By: Sent to: The Sun The Bulletin Telegram -Tribune KCOY TV KSBY TV KVEC RADIO KSLY RADIO KATY RADIO Charles Judsen John Sarber Council members James Madden Posted MINUTES - MORRO BAY CITY'COUNCIL Adjourned Regular Meeting January 3, 1969 7:30 p.m. ; City Hall Conference Room The meeting was called to order at 7:30 p.m: by Mayor Giannini. ROLL CALL: PRESENT ABSENT Councilmen Bickford, Mayor Giannini None Donohoo, Keiser, Mallery, and Mr. Little suggested that the Council consider the appointment or the re -appointment of a Planning Commissioner, the status of Doug Stuart, and give some directions to the Police Chief in the operation of his department. He noted that the agenda of the Harbors and Watercraft Commission meeting of January 13th indicated a progress report to be given by the city on the harbor development plans. Mr. Little requested that the Council give approval to the preparation of a simple report to be presented at the forthcoming meeting of the Commission. MOTION: Councilman Mallery moved that the City Administrator be authorized to prepare a report for presentation at the January 13th meeting of the Harbors and Watercraft Commission. The motion was seconded,by Councilman Keiser and unanimously, carried.' Councilman Mallery suggested that the other matters before the Council for consideration be handled in executive session. He noted that the State of California is planning to abandon the Division of Highways maintenance station in Morro Bay and suggested that the city consider acquiring this property. He felt that this would be an appropriate location.for a future civic center. MOTION: Councilman Mallery moved that authorization be given to the City Administrator to contact the State Division of Highways in Sacramento to'find out the disposition of this property and indicate the city's interest in it.. The motion was seconded by Councilman Donohoo and unanimously carried. Councilman Keiser suggested that the Council extend an invitation to the members of the,Planning Commission to attend the forth- coming meeting of the Harbors and Watercraft Commission. Mr. Little indicated that he would attend to the matter and explained that arrangements have been made for a luncheon and sight-seeing excursion aboard the "Tiger's Folly" for the Commission members. Mayor Giannini informed the Council that Mr. Robert McConaghay had contacted him and indicated his interest in the vacant position on the Planning Commission. Councilman Donohoo submitted the names of Dan Dorn, Clay Conger, and Bob McConaghay'for Council consideration. Councilman Keiser added the name of Christine Hayn to the list of names for possible appointment to the Planning MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting January 3, 1969 Page Two Commission. Councilman-Mallery submitted the names of Grace Hedges and Glenn Johnson: Discussion was held regarding the proposed ordinance to provide for the appointment of Planning Commissioners by the members of the City Council. Councilman Mallery felt that since the Council had agreed on the change in the ordinance, he did not have any strong feelings in the selection of the new Planning Commissioner. He stated he would adhere to the choice of Councilman Donohoo and Mayor Giannini, since his term on the City Council will expire in another year. Councilman Bickford indicated his opposition to the appointment of Planning Commissioners by.individual Councilmen. He felt a change of expiration date for the Commissioners' terms was advisable, but disagreed with the proposed manner 'of appointment. Mayor Giannini stated,,he had supported this motion to change the method of appointing Commissioners; but since then, he had checked into the matter by inquiring at the Mayor's meetings held in the County. The other Mayors of the area had indicated their disagree- ment with this plan. Mayor Giannini stated that he was willing to go along with the change of expiration date for Planning Commission terms, but felt that individual•appointments would create a "rubber stamp" Planning Commission. MOTION: Mayor Giannini moved that the motion directing the pre- paration of an ordinance providing for the appointment•, of Planning Commissioners by individual Councilmen be rescinded. The motion died for the lack of a second. Councilman Keiser stated she had talked to all of the people nominated for appointment to the.Planriing Commission and was especially impressed with the qualifications of Dan Dorn. Mayor Giannini nominated Glenn Johnson for re -appointment to the Commission. • Comments were heard from Mr. Hugh Case against the re -appointment of Mr. Johnson. 7 Councilman Mallery stated that the north part of Morro Bay has no representation on the Planning Commission. He stated that Robert McConaghay lives in this area and his appointment to the Planning Commission might improve public relations for the city. He stated that Mr. McConaghay desires to work for the city as a member of the Planning Commission. He nominated Bob McConaghay. MOTION: Councilman Keiser moved that the nominations be closed. The motion was seconded by Councilman Bickford and unanimously carried. Secret ballots were cast by the Council members for the candidates who had been nominated for Planning Commission. A canvass of the ballots showed Dan Dorn receiving three votes and Robert McConaghay receiving two votes. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting January 3, 1969 Page Three Dan Dorn was declared to be appointed as Planning Commissioner for a term of four years. The Council members indicated they would discuss the matter of the status of Doug Stuart, Acting Director of Public Works, in executive session. Mayor Giannini was not in favor of a closed session for the discussion of Police matters. MOTION: Councilman Keiser moved that the meeting be adjourned to executive session to discuss personnel police matters with the Chief of Police. The motion was seconded by Councilman Mallery. Roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser,. and Mallery NOES: Mayor Giannini ABSENT: None Mayor Giannini stated that he would not participate in this executive meeting and turned the meeting over to Vice -Mayor Donohoo. MOTION: Councilman Keiser moved that staff be instructed to tape and keep minutes of all.City,Council meetings and executive' meetings with executive minutes and tapes to be kept in a confidential file until they can be released to the public. The motion was seconded by -Councilman Mallery. Roll call vote: • AYES: Councilmen Bickford, Donohoo, Keiser; and Mallery r NOES: Mayor Giannini ABSENT: None Mayor Giannini stated that he wished to express his opinions on the police matter publicly before the Council adjourned to executive session. He listed the following recommendations: 1. Abolition of present practice of dealing with mechanical failures and adoption of a policy comparable to that of the Highway Patrol. 2. Establish a policy of courteous treatment to all persons. 3. Ascertain the necessity of city police patrolling the freeway. 4. Invite parents of teen-age boys, teenagers, and teachers to sit with Council and Police Chief to improve that relationship. 5. Yellow warnings for. minor traffic violations to senior citizens. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting January 3, 1969 Page Three . 6. A Safety Officer to work withthe youth of the city. 7. A trained police reserve of 15 men. 8. Use caution in high speed chases.. 9. Officers wear caps and eliminate battle helmets. 10. Change in procedure for minor traffic warrants. 11. Eliminate policewomen 12. Eliminate the practice of handcuffing 13. Ask for suggestions from the Chief"of Police. Mayor Giannini asked the City Attorney if a transient had less constitutional rights than a citizen and if a transient youth had any less rights. The City Attorney answered "no" on both points. The meeting adjourned to executive session.at 8:20 p.m. and.re- convened in open session at 9:27 p.m. MOTION: Councilman Bickford moved that the meeting be adjourned. The motion.was.seconded by.Councilman Mallery and unanimously carried. The meeting adjourned at 9:29 p.m. Recorded by: M. J. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk