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HomeMy WebLinkAboutJanuary to December 1968PUBLIC NOTICE The regular meeting of the Morro Bay City Council scheduled for December 24, 1968.has been cancelled by the City Council by the'adoption of Resolution No. 84-68 The next regular meeting of the City Council will be held on January 14, 1969 in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, at 7:30 p.m. DATED: December 11, 1968 JOSEPH C. GIANNINI, Mayor City of Morro ay, California M. CV LITTLE, City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING December 10, 1968 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Joint City Council -Planning Commission meeting of November 25, 1968 2. Regular City Council meeting of November 26, 1968 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 Norman Knowles regarding interpretation of Animal Regulation Ordinance B-2 Appearance of Neil Moses concerning Council policies UNFINISHED BUSINESS C-1 Resolution approving agreement for the use of two water wells C-2 Resolution cancelling regular meeting of Morro Bay City Council of December 24, 1968 C-3 Vacation of Oak Street C-4 Resolution authorizing Cooperative Purchasing Agreement with County of .San Luis Obispo C-5 Request for authorization to call for bids on Quintana Road sidewalks, curbs, and gutters NEW BUSINESS D-1 Request for assignment of sub -lease: Engvall-Tyler D-2 Request of Sylvester Brothers for lease of water and land areas adjacent to their existing lease D-3 Underground Utilities District D-4 Memorandum from City Administrator concerning use of golf carts on city streets D-5 Renewal of Use Permit to Virgil Moores for floating dock D-6 Review of city insurance policies D-7 Report on condition of Water Department three -wheel vehicle. CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meetings: January 14'and 28, 1969 2. Planning Commission Meetings: December.17, 1968, January 7 and 21, 1969 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 10, 1968 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 Joint City Council - Planning Commission meeting of November 25, 1968 and the regular City Council meeting of November 26, 1968 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 Keiser mentioned the city's water problem and asked for a report on the situation from Mayor Giannini, as a member of the water committee. She mentioned the various possible sources of water for the city and noted her feeling that the city should start studying the legal possibilities of securing water from Whale Rock Dam. Mayor Giannini informed the Council members that he had been working with Mayor Clell Whelchell of San Luis Obispo on this project. He noted that he had requested the County Hydraulic Engineer to furnish a report on the cost of securing water from Whale Rock Dam and this information had not yet been given to him. He felt that matching funds from the State, reclamation of water, and the possibility of acquiring more well sites were all important programs. He was also very interested in knowing what the underground water resources were for this area. Councilman Mallery stated that the city had been discussing this..for some time and he felt that meetings should be arranged with the City of San Luis Obispo and members of the Whale Rock Commission to find out the possibilities. He noted that he had been studying two different processes: the ammonia process and the osmosis process. He felt that the city was going to be faced with a shortage of water unless more water is put back into the ground and suggested that a committee of the Council be appointed to work on this project. Councilman Donohoo informed the Council that he had a report showing the amount of groundwater resources for this area.. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December.10, 1968 Page Two Councilman Mallery.did not feel it was necessary to hire experts to work on this project. He felt this could be evaluated at a local level and suggested an expanded committee of -the Council. MOTION: Councilman Keiser moved that a committee of the Council be setup which would meet with Clell Whelchell,. a . member of the Whale Rock Commission, and the City.Attorney to discuss the legal possibilities of using Whale Rock Dam for water storage. The motion was seconded by Councilman Mallery and.unanimously carried. (2) Mayor Giannini reported on the payments made.to the City Attorney since the new'Council had taken office. He stated that the city had paid $11,080.94 for legal services during, the period from June 16, 1968 through November 1, 1968. This amount is over and above the $500.00 per month retainer fee paid to Mr'. Madden. The Mayor explained that this information was for the benefit of the public.. 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 informed the Council that they were invited to attend the quarterly meeting of the Tri-Counties Fire . Chiefs' Association,, to be held at the Golden Tee, -on December .l3 at 10:00 a.m. He introduced -Chief Rieger, host for•the meeting, who informed the Council that the meeting would include a luncheon'and' requested that the Council,'members notify him .if they plan to attend. He noted that the organization was endeavoring.to promote interest in fire science classes among High School seniors. The afternoon program will include a session on Detroit diesel engines and auto matic transmissions. (2) Mr. Little informed the Council that the Fire Chief had requested authorization for the training officer and the mechanic of his department to attend the meeting of the Tri-Counties Fire Chiefs' Association also. The cost to the city would be for the lunches of the two men and the'use of the city car. MOTION: Councilman Mallery moved that the request of the Fire Chief be granted. The motion was seconded by Councilman Donohoo• and unanimously carried. (3) Mr. Little requested authorization for Ken Valley'to'attend the December meeting of the Street Superintendents and Maintenance Association in San Luis Obispo. The cost to the city would be $4.50 and the use of the city vehicle. Mr. Little -recommended authorization for the Mr. Valley's attendance for the balance of the - fiscal year. Mr. Ken Valley explained the program of this organization,and noted that it included public relations and an information pool on ' MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 10, 1968 Page Three specifications for various equipment which is of value to the city. Mr. Little amended his request, to include an additional representative from the city if the Public Works Director feels it would be advantageous. MOTION: Councilman Mallery moved that the,city authorize the. attendance of one and perhaps two representatives of - of the Public Works Department to the monthly meetings of the Street -Superintendents and Maintenance Association for the balance of the fiscal year. The motion was seconded by Councilman Donohoo and unanimously carried. (4) Mr. Little informed the Council that the Post Office has requested that the curbside parking spaces in front and at the side of the building be restricted to 24 minute parking or less. He informed the Council that Section 8609 of Ordinance No. 9 gives authority to the City Engineer to do this. The Council indicated they had no objections to this plan: (5) Mr. Little informed the Council that, effective December 31, 1968, the term of Glenn Johnson as Planning Commissioner will expire. He requested Council consideration of either a re- appointment or a new appointment for this vacancy. He suggested that a special or an adjourned meeting be held for this purpose before the first meeting of the Planning Commission in January. The Council members indicated that this meeting would be adjourned to an adjourned meeting on the 2nd'or 3rd of January to discuss this vacancy. (6) Mr. Little presented the Expenditure Report for the period November 16 through November 30, 1968 for the approval of the Council. MOTION: Councilman Donohoo moved that the Expenditure Report for the period November 16 through November 30, 1968, in the amount of $40,231.02 be approved. The motion was seconded by Councilman Bickford and unanimously carried. (7) Mr. Little presented the Financial Report for the period July 1, 1968 through November 30, 1968 for the approval of the Council. MOTION: Councilman Bickford moved that the Financial Report for the period July 1 through November 30, 1968 be approved. The motion was seconded by Councilman Keiser and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS: B-1 Appearance of Norman Knowles regarding interpretation of .the Animal Regulation Ordinance Mr. Knowles informed the Council that he wished to question the wording "immediate supervision" in the Animal Regulation Ordinance. MINUTES - MORRO BAY CITY.COUNCIL Regular Meeting December 10, 1968 Page Four He mentioned that he had been informed by Woods Animal Shelter that it was necessary for them to pick up a certain number of dogs each month in order to comply with the terms of their franchise with the City of Morro Bay. He also noted that it was his understanding that the fee doubled each time the dog was picked up by Woods Animal Shelter. He stated that his dog had been playing with his children in their yard, but at the time it was picked up, the dog was across the street. Mr. Knowles did not agree, however, with the ordinance allowing the Poundmaster to come into a private yard to pick up an,animal. Mr. Little explained to be made by Woods Animal Shelter when dogs are impounded and stated that the Chief of Police has made some inquiries as to the alleged "double" fee-. As yet, no one has been able to support this allegation. Mr. Little informed the Council that he was in possession of the police report on this matter which stated that the dog was not in the yard of Mr. Knowles, but was, in fact, unattended at the time it was picked up. He stated there have been other reports on the actions of Woods Animal Shelter and the city is endeavoring to ascertain whether it is being operated according to the city ordinance. Mr. Little indicated that if anyone had proof of the "double" fee, it whould be presented to the city. He informed the Council that the city had a semi -leash law which he felt to be the best solution to the situation. The only other alternatives would be to have a strict leash law or none at all. Councilman Mallery felt that the semi -leash -law was the best solution. He stated that the dog and cat situation in Morro Bay was much improved and informed the public that if someone would furnish proof of these allegations, the city would take actin in the matter. Councilman Keiser asked regarding the dog being under the control of the owner and whether this included children or only applied to adults. Mr. Little informed her that this question is left up to the Poundmaster; however, he felt that possibly it was not felt that a Saint Bernard could be controlled by children of the age of Mr. Knowles'. Councilman Mallery suggested that the City Administrator contact Woods Animal Shelter to discuss this situation. Mr. Little informed him that if the city wished to press charges, Mr. Knowles could be found guilty of a misdemeanor by removing his dog from Woods Animal Shelter grounds without.paying the fine. He requested that he be authorized to check further into this particular incident and report back to the Council at a later date. The Council agreed that this would be the best policy in this matter. B-2 Appearance of Neil Moses regarding Council policies Mr. Moses read a prepared statement regarding the policies of the Police Department. He stated that he was speaking for himself only, but felt that his viewpoint was that of many people in the community. His statement included quotations from a conversation with a Morro Bay Police Officer who issued a citation to Mr. Moses for having a MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 10, 1968 Page Five taillight out of operation on his car. Mr. Moses stated that the officer's attitude was grim and hostile and he did not appreciate being pushed around in this manner. He informed the Council that he had no intention of breaking the law and this was merely a mechanical failure. He stated that he had been stopped by a Highway Patrolman some time before for the same reason, and the patrolman merely told him to have the light fixed. He noted that the Chief of Police had attributed this incident to an inexperienced officer. Mr. Moses stated that police procedure had been an important part of the last campaign and noted that he had attended a meeting of voters where Mr. Donohoo had been in attendance and had stated that he was in agreement that the attitude of the police department was too hostile. It was recommended by Mr. Moses that: (1) The Council direct the Police Force to abolish their present practice of dealing with mechanical failures and to adopt a policy comparable to.that of the Highway Patrol, which has a reputation of being anexemplary police force, and that of the City of San Luis Obispo and the City of Paso Robles. (2) Request the Chief of Police to direct his, officers to treat all persons courteously, regardless of their station in society. (3) Ascertain the necessity of police patrolling the freeway when it is already patrolled night and day by the Highway Patrol. (4) invite parents of teen-age boys, the teen-agers themselves, and teachers to sit with the Council and the. Police Chief with a viewpoint to improve that relationship, in the event the Council finds it is an undesirable one. He stated he had done some research in this matter and had found that the San Luis Obispo Police do not issue citations on mechanical failures. He had been told that the Paso Robles Police Force issues a request that the mechanical failure be corrected and return a•card to the Police Station. Comments were heard from Mr. Ensinger and Mrs. McConaghay relative to undesirable police tactics. Councilman Keiser suggested an executive session to adopt some guidelines for the Police Department; the results of the meeting to be made public. Mayor Giannini asked for a•detail of what was to be discussed if an executive session was to be held. He saw no reason for an executive meeting to set policy and felt the public should be allowed to attend this meeting. Councilman Keiser stated that for some time the city has been receiving a great deal of criticism of its police policies and its policy on the waterfront. She felt that some sort of an insidious movement is in effect to destroy the city's form of government. Councilman Mallery felt the problem was a lack of communications. He felt there was only one way the Council could give policy and that was by a vote of three members of the Council. He again affirmed that the Police Department is still operating under the MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 10, 1968 Page Six policy of the former Council since the new Council has not set guidelines for the department. Comments were heard from Mr. Hugh Case relative to the fact that the public was not being informed properly about the operation of the city. Councilman Mallery agreed that the public should know what is going on in the city, but he felt that a department head should be given instructions in private and the results be made known publicly. Councilman Bickford felt that charges have been made against the attitude of certain members of the Police Department and certainly the Chief of Police should have the right to explain in executive session. Further discussion was held regarding the necessity of having an executive session on this matter. Mayor Giannini felt that a member of the press should be present at all executive meetings and be placed on their honor to report only what the Council desires. MOTION: Councilman Keiser moved that the City Council hold an executive meeting concerning police matters with Chief Holeman on January 3, 1969. The motion was seconded by Councilman Donohoo and unanimously carried. MOTION: Mayor Giannini moved that press be invited to attend executive meetings and that they be placed on their honor as to what they report to the public. The motion died for the lack of'a-second. Former Councilmen Paul Bowen suggested that the City Attorney investigate the Brown Act before having a member of the press attend executive sessions of the Council. RECESS: 9:01 P.M. RECONVENED: 9:07 p.m. UNFINISHED BUSINESS: C-1 RESOLUTION NO. 83-68. RESOLUTION APPROVING AGREEMENT FOR THE USE OF TWO WATER WELLS Mr. Little explained that this had been brought to the attention of the Council and permission had been granted to enter into negotiations with the Ashursts for the continued use of two wells which have been used by the city for some time. He .stated'that staff had done some checking on the owners of the property and the legal'description and made some necessary changes in the agreement. Also, the cancellation clause was changed somewhat from the previous, agreement and the Ashursts have asked for an increase in rates to $525.00 per year or $43.75 per month.. MINUTES - MORRO.BAY CITY COUNCIL Regular Meeting December 10, 1968 Page Seven MOTION: Councilman Mallery moved that Resolution No._83-68 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution No. 83-68 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 83-68. The motion was seconded by Councilman Mallery and unanimously carried by roll call vote. C-2 RESOLUTION NO. 84-68. RESOLUTION CANCELLING REGULAR MEETING OF MORRO BAY CITY COUNCIL OF DECEMBER 24, 1968 Mr. Little read Resolution No. 84-68 in its entirety for the benefit of those present. MOTION: Councilman Mallery moved for the adoption'of Resolution No. 84-68. The motion was seconded by Councilman' Donohoo and unanimously carried by roll call vote. C-3 Vacation of Oak Street Mr. Little explained that on March 12th of this year, a hearing was held by the City Council on the abandonment of several streets within the city. At that time a motion was made and carried that the abandonment of Oak Street be`approved, but that Palm and South Streets not be abandoned by the city. He noted that there were no utilities located in this street and the city has received a request from a property owner to proceed with the abandonment. He requested a Council determination as to whether staff may proceed with the abandonment of Oak Street at this time. Councilman Mallery stated that the Council had agreed that the former City Administrator was to negotiate with the property owner on Shasta and Main to deed the city a small parcel to make access to Main from Shasta less hazardous. Council directed the City Administrator to proceed with negotiations with Mr. Poe, the property owner on Shasta and Main Streets. C-4 RESOLUTION NO. 85-68. RESOLUTION AUTHORIZING COOPERATIVE PURCHASING AGREEMENT WITH COUNTY OF SAN LUIS OBISPO MOTION: Councilman Donohoo moved that Resolution No. 85-68 be read by title only. The motion was seconded by Councilman Mallery and unanimously carried. Mr. Little read Resolution No. 85-68 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 85-68. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. C-5 Request for authorization to call for bids on Quintana Road sidewalks, curbs, and gutters MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL December 10, 1968 Mr. Little referred to a small map given to each Councilman and explained the area to be improved. He informed the Council that the Division of Highways had agreed to install the improvements on their property and the owners of the Morro Palms Trailer Park had agreed to install sidewalks along their property. The city now has the responsibility of the rest of the necessary improve- ments which consists of pavement connecting the existing paved portion of the street and the curbs and gutters which are to be constructed by the property owners. The estimated cost of the work is $1,900.00. Councilman Mallery mentioned the city's tree problems and recommended approval of planting Cupaniopsis anacardioides (known as Carrotwood) trees in this area. He explained the characteristics of the tree and informed the Council that the trees will grow very well in a climate such as Morro Bays. MOTION: Councilman Mallery moved that the city incorporate into this plan the planting of Cupaniopsis anacardioides trees along Quintana Road. The motion was seconded by Council- man Donohoo and unanimously carried. Discussion was held regarding the tree problem in Morro Bay. Comments were heard from Jack Youngs relative to the city spending this amount of money in some other area rather than on Quintana Road. He was informed that this paving was the city's responsibility when the property owners installed curbs, gutters, and sidewalks. MOTION: Councilman.Donohoo moved that the City Administrator be authorized to call for bids on this project. The motion was seconded by Councilman Keiser.and unanimously carried. NEW BUSINESS: D=1 Request for assignment of sub -lease (Engvall-Tyler) Mr. Madden informed the Council that he and the City Administrator had reviewed this request and found that the assignment included lease sites 68 and 68W which were leased to Mrs. deHaven. He recommended that this matter be referred to staff for further study and report back to the Council. The Council directed staff to investigate this assignment and present it to the Council at a later date. D-2 Request of Sylvester Brothers for lease of water and land areas adjacent to their existing lease Mr. Little explained that the area in question would have to be put out to bid if the Council approved the request of Sylvester Brothers. He stated, that the area was a street end, but since it had never been used as a street, the city would not have to abandon it in order to lease it. MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL December 10, 1968 Councilman Mallery stated that he would exclude himself from any discussion or voting on this matter since he now, holds a contract with the Navy for handling the 35 foot Marine Coupling hose involved in the request by Sylvester Brothers to lease this area. Councilman Bickford stated that in the past it has been the general policy of the Council not to lease street ends other than those which are presently under lease. The Council adopted this policy in order to reserve these street ends for public access to the water. He felt that the Council should continue to follow this.policy for the time being. Councilman Donohoo agreed and stated that it was discussed. with the State agencies regarding fishing floats which would be situated on some of these street ends. If this were leased, it might.eliminate the possibility of State funding for this project. MOTION: Councilman Keiser moved that Sylvester Brothers be notified, that at the present time the city 'does not have a policy on using street ends and this matter will be considered later. The motion was seconded by 'Councilman Bickford. After further discussion, Councilman Keiser withdrew her motion and Councilman Bickford withdrew his second. MOTION: Councilman Bickford moved that the city inform Sylvester Brothers that at the present time the policy of.the Council is not to lease street ends, and, until such time as the policy is changed, this parcel of property is not for lease. The motion was seconded by Councilman Donohoo. Roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Giannini NOES: None ABSTAINED: Councilman Mallery • D-3 Underground Utilities District Mr. Little stated that the City Council has been discussing the improvements between South and Beach .Streets on the Embarcadero; and part of this project is the undergrounding of telephone and power lines. The city has an Underground•Utilities Ordinance which requires that a hearing be held to determine whether public necessity, health, safety, or welfare requires.the formation of an underground utility district. He requested Council approval to prepare the necessary resolution and define the boundaries of .this district. MOTION: Councilman Mallery,moved that staff be directed to pre- pare the necessary resolution and define the boundaries of this underground utilities district. The motion.was seconded by Councilman Bickford and unanimously carried.. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 10, 1968 Page Ten D-4 Memorandum from City Administrator concerning use of golf carts on city streets' Mr. Little informed the Council that city streets were being used by golf carts at the present time, but without the permission of the city. MOTION: Councilman Mallery moved that the City Administrator read the memo in its entirety for the benefit of those present. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read the memo which stated that the State Legislature has amended the vehicle code to permit unlicensed golf carts, subject to certain conditions, to use city streets and highways within one-half mile of any golf course. He explained that the streets would be posted and this would protect golf,cart owners who were unlicensed in the event of an accident. He also read Chapter 1303 of the 1968 Legislative Proceedings explaining the amendments made to the vehicle code. MOTION: Councilman Mallery moved that staff be authorized to prepare the necessary resolution or ordinance. The motion was seconded by Councilman Bickford and unanimously.carried. . D-5' Renewal of Use Permit to Virgil Moores for floating dock Mr. Little informed the Council that this Use Permit will expire on December 31, 1968 and requested approval from the Council for the extension of the Use Permit. MOTION: Councilman Bickford moved that the city renew the Use Permit to Virgil Moores for one year, covering the period of January 1, 1969 through.December'31, 1969. The motion was seconded by.Councilman Donohoo and unanimously carried. D-6 Review of city insurance policies Mr. Little informed the Council that there has been some question about the insurance carrier.on various insurance policies of the city. He reviewed the policies in effect for the benefit of those present. MOTION: Councilman Donohoo movedthat the Purchasing Agent ask for quotations from several insurance brokers and also check with some of the County cities regarding rates charged for city insurance. The motion was seconded by Councilman Mallery and unanimously carried. D-7 Report on condition of Water Department three -wheel vehicle Mr. Little read a memo from the Director.of Finance stating that, this vehicle is not holding up and appears to be inadequate for the job. The city is now faced with replacing the transmission and the engine which would cost around $750.00. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 10, 1968 Page Eleven Councilman Mallery stated that he had discussed this with the Acting Director of Public Works who felt that a pick-up would be just as advantageous and would be less costly to use. - Councilman Donohoo stated that this vehicle is also used to service the city water wells, which involves quite a bit of driving. He informed the Council that the city has $1,050 in reserve for the replacement of this vehicle and a pick-up would cost approximately $1,850. MOTION: Councilman Bickford moved that the ,Council authorize staff to call for bids on a 1/2 ton standard pick-up. The motion was seconded by'Counclman Donohoo and unanimously carried. CORRESPONDENCE: 1. Memorandum from Richard D. Miller, Administrative Officer of the City of San Luis Obispo re meeting of Mayors and Administrative Officers on January 8, 1969, at the Motel Inn to explore possible methods of cooperation in purchasing. MOTION: Councilman Donohoo moved that the Purchasing Agent, Mayor, and City Administrator be authorized to attend this meeting. The motion was seconded, by Councilman Keiser and unanimously -carried. 2. Letter from League of California Cities announcing State-wide meetings re draft of suggested employer -employee relations. Mr. Little requested authorization to attend this meeting on December 17, 1968. Several members of the Council indicated their desire to attend this meeting. MOTION: Councilman Donohoo moved that the Council members and the City Administrator be authorized to attend this meeting. The motion was seconded by Councilman Bickford and unanimously carried. 3. Letter from Ted Harding, Principal of Morro Bay High School; in reply to city's letter urging participation of high school band in various parades. 4. Letter from Elston Kidwell re progress report of October 31, 1968 from San Luis Obispo County Flood Control and Water Conservation District. 5. Letter from A. C: Smith, District Manager of Pacific Gas & Electric Company, re allocation of funds for city underground utilities district. 6. Notice of filing of application of Southern Counties'Gas Company for proposed increase in rates. MOTION: Councilman Mallery moved that the correspondence be filed. The motion was seconded by Councilman Bickford and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 10,.1968 Page Twelve Councilman Keiser suggested that the city hold an open house for all departments on December the 20th to allow the public to become better acquainted with the employees of the city. Mr. Little stated that he had discussed this with some of the department heads who indicated their willingness to cooperate in the venture. He suggested authorization to purchase light refresh- ments for the open house. Councilman Mallery suggested that the open house be held for only one department at a time in order to allow the people to tour every department in the city. He also suggested that the open house continue from 3 to 6 p.m. to allow working people to visit the city offices. Mr. Little suggested that open house be held at City Hall on December the 20th and at the Police Department sometime during Police Protection Week, at the Fire Department during Fire Prevention Week, and at the Public Works Department during Public Works Week. MOTION: Councilman Mallery moved that the city hold open.house at City Hall on December 20th from 3 to 6 p.m. and that the City Administrator be authorized to purchase the necessary refreshments. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Gilbert Crill indicated that he would furnish the candy for the open house. Mayor Giannini appointed Councilman Mallery to serve on the water committee along with himself. ADJOURNMENT: MOTION: Councilman Donohoo moved that the meeting be adjourned to an adjourned regular meeting on January 3, 1969, at 7:30 p.m. in the City Hall Conference Room. The motion was seconded by Councilman Keiser and unanimously carried.. The meeting adjourned at 10:37 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 Tuesday, November 26, 1968, at 7:30 p.m. in the Morro Bay Recreation Hall, Dunes Street and Shasta Avenue, Morro Bay, California, to consider the request of the Morro Bay Taxicab Company for permission to raise rates from 50� to 62 1/2C per mile traveled. Dated: November 18, 1968 JOSEPH C. GIANNINI, Mayor .City of Morro Bay, Ca i�fornia A Q::] By: . J.6,TdITTLE, City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING November 26, 1968 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular Meeting of November 12, 1968 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator HEARINGS, APPEARANCES, AND REPORTS B-1 Public hearing on proposed change in rates for taxicab service B-2 Report on South Bay buoy maintenance B-3 Report on local Grass Roots Program B-4 Report of joint City Council and Planning Commission meeting of November 25 on waterfront improvements between South Street and Beach Street UNFINISHED BUSINESS: C-1 Review of restricted parking in city waterfront parking lots C-2 Matters relating to Improvement District No. 4 C-3 Matters relating to Improvement District No. 5 C-4 Request of Morro Bay Motel Association for roadside signs C-5 Weed Abatement Program C-6 Resolution regarding the crossing of California -Mexican border by unaccompanied minors C-7 Report of Morro Bay Parks and Recreation Commission on Use of Facilities - Buildings and Parks C-8 Review of bids on harbor vehicle NEW BUSINESS D-1 Consideration of Council meeting dates for the month of December CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meeting: December 10,1968 2. Planning Commission Meetings: December 3 and 17, 1968 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 26, 1968 7:30 p.m. Morro Bay Recreation 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, Keiser, Mallery, and Mayor Giannini ABSENT: None The minutes of the regular meeting of November 12, 1968 were con- sidered 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 Mallery stated that it had been brought to his attention that the flags in the Recreation Hall were not properly placed. He suggested that the American Flag be placed on the right of Councilman Donohoo during the future. The Council indicated agreement with this plan and also with the State Flag being placed on the other side of the Council table. (2) Mayor Giannini commented on matters involving the Police Department. He read a letter dated June 16, 1968 from Chief Holeman requesting that Officer Marsden be granted retirement as soon as possible as a result of an injury suffered in the line of duty. He read an article from the Telegram -Tribune regarding Officer Marsden's re -instatement on the Morro Bay Police Force and questioned the recovery of Marsden from his previous injuries. He noted that Marsden's attorney had threatened the city with a law- suit only a few days prior to the time he was re -instated on the force. MOTION: Mayor Giannini moved that the city ask for the resignation of Chief Holeman, Sergeant Schacht, and Officer Marsden. The motion died for the lack of a second. Mr. Neil Moses asked the Council if Officer Marsden had applied for lifetime disability, and was informed that Marsden had done so. He also inquired as to what this disability would cost the city. Mayor Giannini stated that the cost could run from $20,000 to $30,000, depending on the lifetime of the employee and various other conditions. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 26, 1968 Page Two Councilman Keiser questioned the City Attorney if it would be feasible to have a public hearing on this matter in order to acquaint the public, with the true facts in this case. Mr: Madden explained the various processes involved in applying for lifetime disability and indicated that a hearing on this matter would be entirely up to the Council members. He stated that if the Chief of Police had recommended retirement for this officer, he was sure that there were sufficient grounds for this recommendation at that particular time. He also stated that if the officer is now given a clean bill of health by doctors, he saw no reason why he should not be re -instated on the Police Force. Mayor Giannini read a copy of the letter from Mr. Little to Mr. Marsden, advising him of the Council's decision that a hearing was not necessary since no formal charges had been brought against him. The Council was informed that Mr. Marsden has not requested a hearing after receiving the letter advising him of his rights. MOTION: Mayor Giannini moved that the Council ask Mr. Marsden to appear in public and explain this matter. The motion died for the lack of a second. Councilman Donohoo questioned Mayor Giannini regarding his statement that Mr. Marsden was threatening a law suit against the city. Council- man Keiser asked if this letter stated that Marsden was going to appear before the State Compensation Board, since this would not irvolve the city. The Mayor indicated that this appeal to State Compensation was actually what he was referring to when he mentioned a lawsuit. Councilman Mallery stated that he felt the hearing which the Council held in executive session, the letter from Mr. Marsden, and the letter of reply from the City Administrator had apparently settled the question as far as Mr. Marsden was concerned, since the city has had no further reply from him. He suggested that the Council take no further action. A=2 City Attorney Mr. Madden indicated that he had nothing to present to the Council at this time. A-3 City Administrator (1) Mr. Little requested Council approval of an appropriations transfer of $8,000.00 from the Unbudgeted Reserve to the Legal Department for litigation expenses. MOTION: Councilman Donohoo moved that this request for appropriations transfer be approved. The motion was seconded by Council- man Mallery and unanimously carried. (2) Mr. Little presented the Expenditure Report for the period November 1 through November 15, 1968 for the approval of the Council. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 26, 1968 Page Three MOTION: Councilman Donohoo moved that the Expenditure Report for the period November 1 through November 15, 1968 be approved. The motion was seconded by Councilman Bickford and unanimously carried,. , (3) Mr. Little announced that the San Luis Obispo County Flood Control and Water Conservation District was sponsoring a one day short course on chlorination and chemical metering equipment. The course will be held in the County Courthouse on December 6, 1968. He requested authorization to send two employees to this course and informed the Council that the only cost to the city would be for the lunches of the employees and the use of the city car. MOTION: Councilman Bickford'moved that approval be granted to send two men to this course. The motion was seconded by Council- man Donohoo and unanimously carried. (4) Mr. Little informed the Council that the Planning Commission was in the process of preparing proposed changes to the Morro Bay City'Zoning Ordinance. He requested that the Council members study these proposed changes before they are presented to the Council for formal action. HEARINGS, APPEARANCES, AND REPORTS: B-1 Public hearing on proposed change in rates for taxicab service Mr. Little reviewed the background of this request and explained that the proposed change would involve an additional 12.5� per mile. The rates would be raised from 50� per mile to 62.5C per mile, the rate which is now charged only for out-of-town service. He also explained that a public hearing is required by Ordinance No. 5, Section 16, in order to increase the rates for taxicab service. Mr. Frank Abruscato, owner of the Morro Bay Taxicab Service, explained the reasoning behind his request for this increase in rates. He informed the Council that the City of San Luis Obispo had recently approved an increase in their taxicab rates. Mayor Giannini declared the public hearing open and asked for comments from the audience regarding this proposed change. There being none, he declared the public hearing closed. MOTION: Councilman Keiser moved that the proposed change in rates for taxicab service be granted. The motion was seconded by Councilman Bickford and unanimously carried. B-2 Report on South Bay Buoy Maintenance Mr. Little read a memo from the Acting Director of Public Works explaining the work being done by the Harbor Department in maintaining the 88 channel marker buoys in the south bay and requesting that the Council give consideration to abandoning maintenance work on the Baywood Channel until it becomes usable or some dredging work is done on it. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 26, 1968 Page Four MOTION: Councilman Mallery moved that the city cease the main- tenance of the Baywood Channel and instruct the City Administrator to send a memo to Supervisor Kidwell stating the city's position in this matter. The motion was seconded by Councilman Bickford and unanimously carried. B-3 Report on local Grass Roots Program Councilman Keiser introduced Mrs. Duncan of the Grass Roots Center and explained that this program is a part of the Economic Opportunity Commission. Mrs. Duncan explained that since the city has been contributing a portion of the rent for this project, she had asked to present a report to the Council of the activities of the Grass Roots Center. She mentioned several programs underway at the present time which include: (1) Providing transportation for those unable to afford taxi fare in emergencies, (2) Giving job referrals, (3) Directing people to the existing agencies, such as the Family Services Program. She cited examples of typical problems dealt with by her office in helping people of low income. She informed the Council that meetings were held twice each month and she invited any interested members of the Council or the audience to attend these meetings on the first and third Wednesday of each month. She mentioned several projects which are planned for the future: (1) A driver's education course, (2) Federal Food Stamp Program, (3) The compilation of a booklet showing the special services of the various organizations throughout the county, and (4) A special endeavor to make people of the area more civic minded. B-4 Report of joint City Council and Planning Commission meeting of November 25 on waterfront improvements between South Street and Beach Street Mr. Little explained that this report had been placed 'on the agenda in order that the Council might take any formal action they deemed necessary after the discussion held at this meeting. For the benefit of those present, Mr. Little explained that the city has a certain obligation in the Pipkin suit to install improvements in the area involved in litigation. In order to have agreement between the Planning Commis§,ion and the City Council regarding the extent of the city's obligation in the settlement stipulation, this meeting had been called. It was determined at this meeting that the develop- ment of the proposed improvements would be given to the Planning Commission for study. The Planning Commission is to report back to the City Council at their first meeting in February of next year. He further stated that it is hoped that this study will provide the necessary details to make it possible for the city to proceed with the installing of the improvements in this area. Councilman Bickford stated that he was not satisfied with the determination reached at this joint meeting. MOTION: Councilman Bickford moved that the city establish the date of October 1, 1969 as a target date for the construction of the improvements on the waterfront. The motion was seconded by Councilman Keiser and unanimously carried. u MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL November 26, 1968 UNFINISHED BUSINESS: C-1 Review of restricted parking in city waterfront parking lots Mr. Little reviewed the background of the city's decision to restrict certain areas of the waterfront parking lots to 4-hour parking. He explained that the Chamber of Commerce and the Morro Bay Motel Association had voiced some opposition to this plan and it was determined that this matter should be reviewed and the people involved given an opportunity to voice their views. Mr. Little explained the area in question and displayed an areal map of the parking lots under discussion. Mr. W. C. Casper of Regal Seafood Company commented against the city imposing these restrictions. He felt the areas in front of the businesses should be restricted, but the parking lots should be left open for those people who go on extended fishing trips on the party boats. Mr. Frank Abruscato mentioned the problem of large campers using these parking lots and creating hazardous conditions involving pedestrians. He felt that campers should not be allowed to park in this area. Mr. Gilbert Crill asked that the Council consider restricting 8 parking spaces in front of his business to 12-minute parking only. He stated that this had been done in the past and the people have generally honored this restriction. He also objected to campers using these parking areas and suggested an unloading zone to allow fishermen to unload their gear and then park elsewhere. Mr. Charles Sites was not opposed to the 4-hour parking in front of his business. He felt it would not be necessary to limit his parking to 12 minutes. Mr. Little suggested that the parking spaces adjacent to the businesses be restricted to 4-hour parking and the others be left as all day parking. Councilman Donohoo mentioned the problem of employees parking in this area who need to leave their cars for an extended period of time. He felt that the business people should make sure that their employees were not using customer parking space. Mr. Atkinson spoke against restricting parking to less than 4 hours in front of his restaurant. Mr. Ralph Ruse felt that the businessmen should do their own policing if possible. He was in favor of 4-hour parking in front of his property. He suggested the posting of "No Campers" in the parking lots and asked that approximately 30 spaces in front of his property be restricted to 4-hour parking. He also suggested that a reflector type sign be used and that a sign be placed in the ticket window for the fishing boats advising customers that all day parking is available in other areas but the immediate area is restricted to 4-hour parking. Mr. Case explained that he had suggested that the area in front of his business be included in this discussion because the parking MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 26, 1968 Page Six area was small and all day parking would cause problems. He stated he would like this area restricted to 1-hour parking. Councilman Bickford suggested limiting drastically the time limit on the parallel parking in front of the Candle Shop and the tear drop shaped area across Front Street next to the Embarcadero. He also suggested that the parking from the corner of the Donut Shop north be unrestricted. Councilman Mallery suggested that Mr. Crill be granted 15-minute parking restrictions and that the parking in front of Mr. Cassano's motel across the street be limited to parking during business hours. MOTION: Councilman Mallery moved that staff be directed to take care of the parking problem on the waterfront in accordance with the discussion at this meeting. The motion was seconded by Councilman Keiser and unanimously carried. RECESS: 9:35 p.m. RECONVENED: 9:42 p.m. C-2 Matters relating to Improvement District No. 4 City Engineer Sam Taylor described the area included in this district and the proposed improvements. He informed the Council that there were approximately 1000 parcels in this area and for this reason, Stone & Youngberg were asked to handle the assessment spreading. Mr. Harold Bare of Stone & Youngberg explained the amended boundary map and stated that this district was initiated on the part of the City Council as a result of questionnaires sent to the people of this area through the water billing. These questionnaires indicated that 60% of the people were in favor of the improvements. He explained the contents of the Debt Limit Report and stated that the estimated cost would be $1,270,125, of which $931,125 was the actual construction cost. The total assessed value for the land only in this area is $750,880 and the assessed valuation for the improvements now existing is $876,750. At the present time there are no assessments against these parcels. He explained the methods used in spreading the assessment costs for the various parcels in the district and informed the Council that the total cost to each parcel would depend upon the size of the parcel, the amount of improvements to be installed, and the width of the road on which the parcel fronts. Councilman Mallery asked for the approximate low and high assess- ment spread figures. Mr. Bare informed him that $530 was a low figure and $1,242 was a high figure. Mr. Edwin Ness of Sturgis, Den -bulk, Douglass and Anderson pointed out that if the project moved ahead as scheduled, a public hearing on -,the Debt Limit Report would be held on January 14, 1969".and another hearing would be held at a later date at the time when construction costs were known. This additional hearing is to allow full control of this district by the property owners. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 26, 1968 Page Seven RESOLUTION NO. 74-68. RESOLUTION APPROVING BOUNDARY MAP MOTION: Councilman Bickford moved that Resolution No. 74-68 be read by title only. The motion was seconded by Council- man Donohoo and unanimously carried. Mr. Little read Resolution No. 74-68 by title only. MOTION: Councilman Keiser moved for the adoption of Resolution No. 74-68. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. RESOLUTION NO. 75-68. RESOLUTION APPOINTING ENGINEER TO PREPARE DEBT LIMIT PROCEEDINGS IN CONNECTION WITH PROPOSED ASSESSMENT DISTRICT NO. 4, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA Mr. Little explained that $5,000 of the engineering fees called for by this resolution had already been paid to the firm of Garing, Taylor and Associates and he informed the Council that the words "any unpaid balance of" will be added to this resolution. MOTION: Councilman Donohoo moved that Resolution No. 75-68 be read.by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 75-68 by title only. MOTION: Councilman Bickford moved for the adoption of Resolution No. 75-68. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. RESOLUTION NO. 76-68. RESOLUTION DIRECTING PREPARATION OF INVESTIGATION REPORT MOTION: Councilman Donohoo moved that Resolution No. 76-68 be read by title only. The motion was seconded by Council- man Bickford and unanimously carried. Mr. Little read Resolution No. 76-68 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 76-68. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. RESOLUTION NO. 77-68. RESOLUTION APPROVING REPORT AND FIXING TIME AND PLACE OF HEARING THEREON MOTION: Councilman Donohoo moved that Resolution No. 77-68 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 77-68 by title only. MOTION: Councilman Bickford moved for the adoption of Resolution No. 77-68. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 26, 1968 Page Eight Councilman Mallery informed the Council that he had supported this district only because the Council had previously approved its. initiation. He felt the people of the area will not approve of it. Mr. Little stated that if the public hearing shows that a portion of the district is in favor of the improvements, the district could, at that time, be split into one or more smaller districts. C-3 Matters relating to Improvement District No. 5 Mr. Ness explained the steps already taken in the initiation of this district and presented several resolutions for Council approval. RESOLUTION NO. 78-68. RESOLUTION OF INTENTION TO ADOPT AMENDED BOUNDARY MAP AND DIRECTING ITS FILING WITH THE COUNTY RECORDER, ASSESSMENT DISTRICT NO. 5, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA MOTION: Councilman Mallery moved that Resolution No. 78-68 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution No. 78-68 by title only. MOTION: Councilman Mallery moved for the adoption of Resolution No. 78-68. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. RESOLUTION NO. 79-68. RESOLUTION AND ORDER PRELIMINARILY ADOPTING ENGINEERS REPORT, SETTING PUBLIC HEARING, AND CALLING FOR BIDS ASSESSMENT DISTRICT NO. 5, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA MOTION: Councilman Keiser moved that Resolution No. 79-68 be read by title only. The motion was seconded by Council- man Bickford and unanimously carried. Mr. Little read Resolution No. 79-68 by title only. MOTION: Councilman Mallery moved for the adoption of Resolution No. 79-68. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. RESOLUTION NO. 80-68. RESOLUTION ADOPTING SCALE OF PREVAILING WAGE RATES MOTION: Councilman Donohoo moved that Resolution No. 80-68 be read by title only. The motion was seconded by Councilman Mallery and unanimously carried. Mr. Little read Resolution No. 80-68 by title only. MOTION: Councilman Mallery moved for the adoption of Resolution No. 80-68. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 26, 1968 Page Nine C-4 Request of Morro Bay Motel Association for roadside signs Mr. Little stated that this matter had been brought to the attention of the Council at a previous meeting; however, there has been some misunderstanding and the Motel Association has now submitted another request. He read the request for the city to install two signs and that the city request that the State install one new sign, move another existing sign, and add a sign under an existing sign on Main Street. Mrs. Holl, Secretary -Treasurer of the association, explained the reasons for the request. MOTION: Councilman Mallery moved that this request be referred to the Planning Commission for a report back on December 10. The motion was seconded by Councilman Bickford and unanimously carried. C-5 Weed Abatement Program Mr. Little presented a memo from Fire Chief Norm Rieger requesting a determination as to whether this mowing project is to be done by the city this year or by hiring a private contractor. The Fire Chief recommended that the city go to bid for this portion of the program, due to the lack of manpower within the Fire Department. Mr. Little explained the program last year which cost approximately $2.50 per each lot of 2,500 square feet. He informed the Council that this charge was added to the city tax bills sent out by the county. He asked for an indication from the Council as to whether staff should proceed to make arrangements to have a private contractor do this work or continue to have it done by city personnel. Councilman Bickford felt the city should continue to do this project for one more year and expressed his approval of the mowing project rather than the burning process which has been done in previous years. Mr. Little recommended that if the city continues to do this project, that it be delegated to the Public Works Department instead of the Fire Department. He also suggested that funds be set up for this project. MOTION: Councilman Mallery moved that the city accept the suggestion of the City Administrator and assign the work of mowing to the Public Works Department, set up separate accounts in the budget, and prepare necessary papers to do this. The motion was seconded by Councilman Donohoo and unanimously carried. C-6 RESOLUTION NO. 81-68. RESOLUTION REGARDING THE CROSSING OF THE CALIFORNIA-MEXICAN BORDER BY UNACCOMPANIED MINORS Mr. Little explained that this resolution had been prepared according to Council instructions at the last meeting. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 26, 1968 Page Ten MOTION: Councilman Donohoo moved that Resolution No. 81-68.be read by title only. The motion was seconded by Council- man Mallery and unanimously carried. Mr. Little read Resolution No. 81-68 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 81-68. The motion was seconded by Councilman Keiser and unanimously carried. C-7 Report of Morro Bay Parks and Recreation Commission on Use of Facilities - Buildings and Parks Mr. Little explained that this matter had been deferred from the last meeting in order to give the Council members an opportunity to study the report in depth. MOTION: Councilman Donohoo moved that this report be adopted. The motion was seconded by Councilman Keiser and unanimously carried. C-8 Review of bids on harbor vehicle Councilman Mallery explained that bids were opened at 2:00 p.m. this date. The Audit & Finance Committee was present and studied these bids, along with staff, and recommended Council approval of the low bid of $3,325.40 from Fred Breiden Chevrolet in Paso Robles. MOTION: Councilman Donohoo moved that the low bid of $3,325.40 from Fred Breiden Chevrolet be accepted. The motion was seconded by Councilman Bickford and unanimously carried. C-9 RESOLUTION NO. 82-68. RESOLUTION ESTABLISHING POLICY OF THE (Added) CITY COUNCIL IN THE EVENT OF DEATH OF LESSEE MOTION: Councilman Mallery moved that Resolution No. 82-68 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution No. 82-68 by title only. MOTION: Councilman Mallery moved for the adoption of Resolution No. 82-68. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. NEW BUSINESS: D-1 Consideration of Council meeting dates for the month of December Mr. Little stated that the next Council meeting would be on the loth of December, and the next meeting would fall on Christmas Eve. MOTION: Councilman Mallery moved that the meeting of December 24th be cancelled as it has been done in the past. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 26, 1968 Page Eleven CORRESPONDENCE: 1. Minutes of the Harbors and Watercraft Commission of October 21, 1968. Mr. Little informed the Council that the Commission had definitely decided to hold their January meeting in Morro Bay. MOTION: Councilman Mallery moved that the City Administrator be directed to make all the necessary arrangements for this meeting. The motion was seconded by Councilman Donohoo and unanimously carried. 2. Letter of reply from Keith Hall, Legislative Assistant to Congressman Burt L. Talcott regarding California Navigation Conference materials sent to Talcott. 3. Announcement from Swift -Aire Lines, Inc. regarding California Public Utilities Commission hearings relative to their request for air -service. 4. Agenda for the Fish & Game Commission meeting of December 6, 1968. 5. Draft of proposed resolution relative to policy on sewerage facilities in urban areas from Central Coastal Regional Water Quality Control Board. 6. Resolution from County Board of Supervisors regarding cooperative petroleum purchasing contract. 7. Letter from the Department of Parks & Recreation relative to the proposed development by John D. Den-Dulk. B. News release from the Fish & Game Commission. 9. Letter from Robert Fairbank regarding telephone service. 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 was adjourned at 10:53 p.m. Recorded by: M. J. LITTLE, City Clerk eez � � By: Carolyn L. Wentzell Deputy City Clerk 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 Monday, November 25, 1968, 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. Proposed improvements on the Embarcadero between Beach Street and South Street Dated: November 15, 1968 JOSEPH C. GIANNINI, Mayor City of Morro Bay, Cal-�fornia 0 Sent to: KSBY TV KVEC RADIO KSLY RADIO KATY RADIO John Sarber Council Sun Bulletin Telegram -Tribune Planning Commission r W MINUTES - MORRO BAY CITY COUNCIL Joint Meeting with the Planning Commission November 25, 1968 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Giannini. ROLL CALL: PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini Commissioners Dolezal, Johnson, Woll, and Chairman Nagano . ABSENT: Commissioner Bertie Staff Present: Ned Rogoway, Planning Director; James A. Madden, City Attorney, and M. J. Little, City Administrator Mr. Little suggested that the City Attorney review for the City Council and the Planning Commission the improvement requirements specified in the stipulation which is a part of the settlement of the "Pipkin" suit. Mr. Madden outlined the general terms of the settlement stipulation and pointed out that it had been agreed to in this form and approved by the City Council in March of 1968. The stipulation has been signed by the attorney for the plaintiffs, Mr. Allan Murphy, and by the individual plaintiffs. It consists of: (1) A boundary agreement which delineates the city's sphere of influence and the property lines of the private individuals on the waterfront. A map entitled Parcel Map No. 68-30 has been approved by the City Council. The boundary agreement is in draft form at the present time but has been approved by the State of California. (2) A dismissal with prejudice. (3) Leases for certain plaintiffs which are in draft form attached to the stipulation. (41 Harbor improvements. The stipulation agreement calls for improvements costing approximately $175,000.00. He explained the general nature of the improvements and noted that the city may make changes in the materials to be used and other minor changes. Mr. Madden suggested that the Planning Commission study this program and, at a convenient date, make a recommendation to the City Council regarding the improvements, within the necessary limitations. Then the City Council, at a regularly scheduled meeting can take the appropriate action in this matter. Mr. Little explained.the various proposed improvements as shown in the map marked Exhibit "C". The area to be improved is in the general area of the Embarcadero and extends from South Street,on the south to Beach Street on the north. Mr. Rogoway stated that the Planning Commission has reviewed the plans and has some minor suggestions to make if this plan is to be considered by the Council. He noted that parking shown on street ends and on the street would suffice for the immediate- needs but additional parking should be considered for future demands. He explained the changes discussed by the Planning Commission for the benefit of the City Council members. These changes include: (1) The elimination of sidewalks on one side of Front Street to r MINUTES - MORRO BAY CITY COUNCIL Joint Meeting with Planning Commission November 25, 1968 Page Two allow a double row of parking, (2) Shifting the lease site line on the Anderson lease property by 5' to make a double row of parking, (3) The re -alignment of the Embarcadero, and (4) Putting an additional crosswalk further south on the Embarcadero similar to that for the northern end. Councilman Keiser questioned the possibility of the city securing a large parking area away from the Embarcadero. Mr. Rogoway replied that this possibility does exist and explained that it wouldn't be inconvenient if an adequate staircase were provided in order for people to walk down to the Embarcadero. Mayor Giannini questioned the cost of these proposed improvements and whether they were necessary. He noted his feeling that the main attraction of the waterfront was its quaintness a quality which might be destroyed by the proposed improvements. He felt that serious consideration should be given to .this matter and all the costs should be counted before taking positive steps to initiate these improvements. Mayor Giannini was of the opinion that very little improvement work was necessary on the waterfront. He was not in favor of this expense to the taxpayers at this time. Councilman Keiser stated that the city was bound by law to follow the stipulation agreement. She felt there was some mis- understanding as to what the taxpayers were going to pay in this. She mentioned the $50,000 received from the County of San Luis Obispo as part of the settlement and the fact that the city will receive an additional $50,000 over the next two years. Another $12,000 is on hand at the present time in trust funds. Also, she noted that any revenue from the waterfront leases must be put back into the area in the way of maintenance and improvement costs for the harbor. She felt that the city was obligated to proceed with these improvements and again affirmed the fact that the funds for this project will not be taken from the general fund. Mr. Madden verified the fact that the harbor trust funds can not be used for any other purpose than the maintenance and development of the waterfront. Councilman Keiser stated that if the city did not meet its obligation in the settlement agreement, there was the definite possibility of more litigation involving the city. Mayor Giannini felt that wherever the money came from, it was still an expense to the city. He questioned this type of improvements for the waterfromt and mentioned comments he had received from people outside the area in opposition to changing the waterfront. Councilman Keiser asked if he agreed that the stipulation must be carried out by the city. Mayor Giannini replied that he did not think so. Mr. Madden suggested that the Planning Commission study this matter and make recommendations to the City Council as to the type of design for lighting, streets, drainage, etc., since there is flexibility in the type of improvements required. E MINUTES - MORRO BAY CITY COUNCIL Joint Meeting with Planning Commission November 25, 1968 Page Three Mr. Dunn spoke from the audience questioning the qualifications of the Planning Commission as designers and asked if this was part of their responsibility. He was informed that the Planning Commission was not attempting to design these improvements, but merely to suggest feasible plans that would provide for the necessary parking, lighting, etc. Mr. Todd Stoutenborough of C.A.P. stated that his group was in the process of preparing a questionnaire on the design criteria for the development of the Embarcadero area. After Christmas they are planning to prepare some suggested solutions to the situation on the Embarcadero which will be offered to the City Council. He urged the city to hire a professional designer for this project. Commissioner Dolezal stated that the Planning Commission has only considered the basic need for parking on the waterfront at this time. He stated that the amount of parking area designated on the map of proposed improvements for the waterfront is the minimum necessary for that area. Mayor Giannini felt that parking wasn't the problem - but the establishment of attractive businesses in this area was the important question. Commissioner Dolezal stated that the city has adequate parking now, but if the city wishes to grow and develop;. there must be more space for parking. Commissioner Johnson stated that the Planning Commission had sub- mitted a preliminary plan on the harbor to the Corps of Engineers. He felt that the Corps might recommend changes in the plan and, until such time as they reported on this matter, it would be difficult to make any other plans for the area. He suggested further development of the harbor plan before deciding on these improvements. He noted that the stipulation provided some leeway as to the design and type of materials to be used and suggested further study to provide a leisure atmosphere on the harbor. Councilman Bickford felt that the city was not going to see any major change in the future in the structural configuration of the Embarcadero. Commissioner Johnson mentioned the necessity for providing space for additional boats in the harbor and noted that any plans providing this additional space would change the configuration of the Embarcadero. Councilman Mallery stated that the City Council had approved a General Plan as recommended by Hahn, Wise and Associates. He felt that at this point, there was no general agreement on what the city wants in the harbor plan. He mentioned his feeling that the city should have had complete and total community involvement in the preparation of the master plan for the harbor. He stated that he was not in agreement with much of this plan; however, he did not feel that a plan like this would endanger the future development of the waterfront itself. He agreed with the elimination of the con- crete curbs, gutters, and sidewalks. He suggested that the city MINUTES - MORRO BAY CITY COUNCIL Joint Meeting with Planning Commission November 25, 1968 Page Four make a decision as to what type of improvements they want in this area so that guidelines can be given to the Planning Commission for their study of this matter. Mr. Madden informed the members of the City Council and the Planning Commission that this stipulation is an agreement which can be modified with the consent of all parties concerned. However, he felt that the members of the Council and Commission were in agreement on the major.items of drainage, streets, and adequate parking. He noted that neither body had expressed opposition to the undergrounding of utilities or adequate lighting. He stated that if he were to contact the attorney for the plaintiffs and inform him that the City Council and the Planning Commission unanimously agreed that sidewalks on both sides of the street were not necessary, there was a good chance that negotiations were possible. Councilman Mallery again affirmed his opposition to the inclusion of concrete curbs, gutters, and sidewalks in this plan. He noted that the city has a 50' right-of-way for the street; however, sidewalks and parking space would eliminate 28' of this area, leaving room for a 22' roadway width, which he felt was inadequate. He suggested that the Planning Commission and the C.A.P. group come up with some constructive ideas as to how to mingle automobiles with pedestrians in this area. Mr. Stoutenborough stated that C.A.P. felt this plan provided too many access roads to the Embarcadero which would cause traffic problems at each intersection. Commissioner Johnson felt that sooner or later the city would have to provide some method of utilizing the dredging from the bay to make land fills along the Embarcadero. Councilman Donohoo suggested that the city agree to the installation of sidewalks on one side of the street only, thus allowing additional width for the roadway. Discussion was held regarding the harbor plan which has been submitted to the Corps of Engineers and the time involved in determining the outcome of this plan. Mr. Madden explained that the city must perform these improvements within a reasonable amount of time. The stipulation requires that the city must be ready to proceed with the installation of the necessary improvements within a year after the judgement is entered. MOTION: Councilman Mallery moved that the Council instruct staff and the Planning Commission to proceed with planning on this particular project and to make a preliminary report to the Council by the first meeting in February. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. Councilman Mallery indicated that his motion included the under- standing that the C.A.P. group was to work with the Planning Commission in preparing this preliminary report. The Council agreed. MINUTES - MORRO BAY CITY COUNCIL Joint Meeting with Planning Commission November 25, 1968 Page Five Mr. Rogoway indicated that the Planning Commission had discussed the necessity for the undergrounding of utilities on the Embarcadero. He stated that in order to implement part of the program to receive funds for this project from Pacific Gas & Electric Company, it will be necessary to establish an Underground Utilities District. The Planning Commission felt that it was not too early at this time to start the process to form this district. Mr. Little stated that he would contact Pacific Gas & Electric representatives to determine what steps are necessary. He also informed the Council that negotiations had been made with Mr. Fred Witt for the re -alignment of the Embarcadero near Brebes' Ocean House. Councilman Mallery suggested that the Planning Commission consider an improvement plan with no curbs, gutters and sidewalks on both sides of the street, but with parking on one side and a walkway on the other side. Mr. Rogoway explained that the proposed improvement plan had been prepared with the idea of utilizing the present parking on the Embarcadero to the best advantage possible. Mayor Giannini thanked the members of the Planning Commission for their cooperation in this joint meeting and expressed his desire that the two bodies continue to work together for the best interest of the city. MOTION: Councilman Keiser moved that the meeting be adjourned. The motion was seconded by Councilman Mallery and unanimously carried. The meeting adjourned at 9:18 p.m. Recorded by: M. J. LITTLE, City Clerk By: � o�n L. Wentzell Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING November 12, 1968 .7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Special Meeting of October 18, 1968 / 2. Regular Meeting of October 22, 1968 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 Frank Abruscato re change in rates in Taxicab Ordinance B-2 Report on harbor dredging project B-3 Report on Morro Creek Flood Control Project B-4 Report of Morro Bay Parks and Recreation Commission on Use of Facilities - Buildings and Parks B-5 Report of insurance committee on health and accident insurance UNFINISHED BUSINESS C-1 Request of Morro Bay Motel Association for directional signs C-2 Resolution approving grant of Use Permit to California State Polytechnic College Corinthian Sailing Club C-3 Review of harbor truck bids C-4 Resolutions accepting Quitclaim Deeds from County of San Luis Obispo C-5 Review of improvement requirements for Embarcadero C-6 Review of proposed water storage facilities C-7 Petition for installation of curbs and gutters on Elm Avenue, Reno Street, and Bonita Avenue NEW BUSINESS D-1 Review of existing harbor lease provisions - request for change D-2 Request for permission to waive watchman requirements of Section 17.06 of Uniform Fire Code when no flammable gases are used D-3 Ashurst Well Agreement Ki1*1 *.Y:&l283�ORONO ADJOURNMENT CALENDAR 1. City Council Meeting.: November 26, 1968 2. Planning.Commission Meeting: November 19, 1968 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 12, 1968 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 special meeting of October 18-and the regular meeting of October 22, 1968 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 Councilman Donohoo read a prepared statement in reply to statements made to the news media by Mayor Giannini. He expressed his lack of agreement with the Mayor's actions in the "police investigation" and assured the people that the Mayor was not the only member of the Council who was concerned with the welfare of the City of Morro Bay. He stated that he was in favor of open government, but executive sessions were sometimes necessary for personnel matters in order to avoid embarassment to those involved. He indicated that if the Mayor felt the Police Department had been guilty of misconduct, the city could turn the matter over to the Grand Jury, but he had no objections to an investigation by the Attorney General. Councilman Donohoo expressed his desire to see the Council meetings conducted with dignity and decorum and requested that the Council endeavor to work together in unity for the good of the city. Councilman Mallery expressed his surprise and dismay upon returning to the city and reading the newspaper headlines. He referred to an interview given to the news media by the Mayor and explained that he had never questioned the qualifications, training, or ability of the Police Department. He did feel, however, that when a new Council was elected, a policy should be set up and guidelines should be established for the operation of the various departments of the city. He further noted that this had not been done and until it is, the Police Department cannot function as the new Council would have them. He quoted a letter from the District Attorney's Office expressing appreciation for the Police Department's actions in preventing and investigating crime in Morro Bay. He agreed with the views expressed in the letter and felt that a lack of policy and directives had caused this problem. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 12, 1968 Page Two Councilman Mallery stated that when the Police Chief, Public Works Director, and Fire Chief were called before the Council after election, it was for the purpose of giving them some guidelines for the operation of their respective departments; however, this was not done and the situation has gradually become worse. He stated that his motion to fire these department heads was done for the purpose of giving policy guidelines. He questioned the Mayor's statement that he voted against the motion to fire these employees because of inadequate preparations in filling the vacant positions and explained his feelings that it was not proper for the Mayor to interview applicants for these positions without the approval of the Council. Councilman Mallery agreed that the Mayor is entitled to his own opinion as a Councilman, but as the Mayor of a general law city, the Mayor has no more power than the other Council members. Councilman Mallery also noted the Mayor's accusation that the Council had violated the Brown Act on many occasions and informed the public that the Council, in his opinion, has not done so. He stated that the Mayor, as chairman of the group, should put a stop to any such violations, should they occur. He again affirmed that the Mayor could not be removed from the Council by the Council members, but could only be recalled by the people. Councilman Keiser expressed her agreement with Councilman Donohoo's statement. She mentioned the Mayor's statement that when the actions of any of the department heads were questioned, she and Councilman Bickford consistently defend them. She informed the Council that she is familiar with the functions of the Police Department. She expressed her desire to see the Council function as adults and stated that the Mayor has not always acted in a responsible manner, in her opinion. Councilman Bickford indicated his agreement with Councilman Donohoo's statement. Mayor Giannini quoted Everett Dirksen as saying "Speak the truth and the truth shall set you free". He stated that he has always spoken the truth. He noted that he had promised the people an open government and this was what he was attempting to do. He again stated that there had been violations of the Brown Act in several of the executive Council meetings. He questioned the source of the revenue for the harbor improvements since it was illegal by State law to bond this district. He felt it was the Council's duty to determine the facts on the Police Department investigation, and stated that he had records which confirm the omissions of the truth. He questioned why the report was not made of this alleged incident involving Marsden. He felt it was the duty of the Police Chief to come to the Council and ask what policies they wanted him to follow. He stated that he would not hide what has happened even if it meant his position on the Council. Mayor Giannini questioned Councilman Donohoo's statement that he had asked the Mayor not less than 6 times to formulate policies for the Police Department and asked Councilman Donohoo to prove this and place the facts before the Council. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 12, 1968 Page Three Councilman Mallery noted that the Mayor mentioned the information he has on this matter, but he has never given it to the Council. He stated that he had not been in agreement with the previous Council nor with the settlement agreement on the waterfront. In an executive session on litigation, he had made the motion that a committee be appointed to attempt to negotiate with the waterfront people to modify the terms of the stipulation agreement if possible. Finally, the committee was appointed, consisting of Councilman Bickford and Mayor Giannini, who talked to the people about this matter. The litigants were adamant in stating they did not want the stipulation agreement changed in any way. In view of this fact, Councilman Mallery stated that he now supports the agreement. Mayor Giannini informed the Council that he had interviewed applicants for the position of Police Chief and felt that one applicant was especially well qualified for the job. He stated that the people on the waterfront were now dissatisfied with the settlement agreement and he questioned the source of the plans for improvements. He felt the people should have a voice in the plans before they were approved. The Mayor was informed that the Embarcadero improvement plans were drawn up by the former City Administrator. Councilman Mallery noted that in November of 1967, at a Council meeting, the City Engineer and C. Ted White, City Administrator, had presented a plan for the improvements on the waterfront. The Council had voted four to one in favor of the plans, his vote being the only dissenting one. He noted that he did not have the right to destroy the agreement when the majority of the Council approved of it. The agreement was then presented by the former City Attorney to the attorney for the plaintiffs, Mr. Murphy, who had his clients sign the agreement and made it binding. Councilman Mallery felt that if the Council cannot negotiate this stipulation agreement by reducing rentals and making less costly improvements, then the people must agree to abide by the terms of the original agreement and so must the city. Councilman Bickford indicated his desire that the Mayor substantiate his charges of the Council's violation of the Brown Act. The Council members requested that this be done at this meeting, but the Mayor declined to do so. Mayor Giannini again asked that an additional item be added to the agenda, "Oral Communications from the Public". He asked Councilman Donohoo if he had studied this matter since the last meeting. Councilman Donohoo replied that he had given it serious consideration but was still opposed to the addition of this item to the agenda. Mayor Giannini stated that the Santa Maria City Council agenda included this item and also the agenda from the City of Baldwin Park. He quoted from a "Handbook for New Councilmen" which stated that a portion of every regular Council meeting should be given to the public to express their views on any matter even though MINUTES - MORRO Regular Meeting Page Four. BAY CITY COUNCIL November 12,.1968 it was not included on the agenda. Councilman Keiser stated that the public had the right to speak as long as it was relevant to the subject at hand but not merely to harangue. Lengthy discussion was held regarding this matter. Councilman Bickford stated that the Mayor was making this appear that the Council was opposed to letting the people speak on agenda items and this was not the case. MOTION: Mayor Giannini moved that Oral Communications and Public .Participation be included on the agenda as item A-4. The motion died for the lack of a second. Councilman Keiser felt that the people should know that they do not have to come directly to the City Council with a complaint, but they can and should report it to the City Administrator. MOTION: Councilman Mallery moved that the public be allowed to speak on any scheduled item on the agenda for that meeting. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. Comments were heard from Mrs. Villars expressing her views on the actions of four of the Council members and also statements made by Councilmen Mallery and Donohoo prior to the election of the Mayor and Councilman Donohoo. Comments were heard from Judge Schenk relative to the outstanding performance of the Police Department and his opposition to the new Council"firing employees without a proper hearing. He expressed his feeling that'this Council meeting had been conducted in a disgraceful manner. A=2 City Attorney Mr. Madden stated that he had attended two executive personnel meetings, one in August and one in October, and various executive meetings on litigation; and, in his opinion as an attorney, at no time was anything improper discussed at any of these meetings and no violation of the Brown Act occurred at these meetings. A=3 City Administrator (1) Mr. Little requested authorization for Ken Valley to attend the meeting of the Street Superintendents Association on November the 14th in Santa Maria. The cost involved would be $4.50 and the use of the city car. MOTION: Councilman Keiser moved that Ken Valley be authorized to attend this meeting. The motion was seconded by Council- man Bickford and unanimously carried. (2) Mr. Little presented the Expenditure Report for the period October 16 through 31, 1968 for the approval of the Council. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 12, 1968 Page Five MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period October 16 through October 30, 1968. The motion was seconded by Councilman Keiser and unanimously carried. (3) Mr. Little presented the Financial Report for the period July 1 through October 31, 1968 and requested Council approval. MOTION: Councilman Donohoo moved for the approval of the Financial Report. The motion was seconded by Council- man Mallery and unanimously carried. RECESS: 8:54 p.m. RECONVENED: 9:04 p.m. MOTION: Councilman Keiser moved that the letter from John Marsden previously scheduled to be read under Correspondence be read at this time. The motion was seconded by Councilman Mallery and unanimously carried. Mr. Little read the letter addressed to himself requesting that the attached letter addressed to the Mayor and City Council be read in open session during the Council meeting of November 12, 1968. He read the attached letter requesting an open hearing regarding the allegations of "conduct unbecoming an officer" and asking that the Council obtain a copy of the State Compensation Insurance Company investigation and present a bill of particulars in the case. Mayor Giannini read a copy of the letter to Mr. Marsden from the Public Employees' Retirement System stating that his request for disability retirement had been denied and informing Officer Marsden of his right to appeal the decision within 30 days. Mr. Little then read a memo to the City Council reporting on his telephone discussion of this matter with a representative of State Compensation Insurance. State Compensation is reluctant to furnish the requested information on this matter to the city, but have placed no restrictions on insurance coverage on Mr. Marsden providing that any subsequent injuries occur while he is on duty for the City of Morro Bay. MOTION: Councilman Keiser moved that the hearing be held at 7:30 p.m. on Friday, November 15, 1968. The motion died for the lack of a second. Mr. Little stated that the Council had not charged Mr. Marsden and as far as the city is concerned, there is no reason for such a hearing. Mr. Madden stated that ordinarily if an executive session on personnel matters is held, the employee, if he is being questioned on anything detrimental to his character or employment, is advised of his rights to counsel and a public hearing. He further LJ i MINUTES - MORRO Regular Meeting Page Six BAY CITYCOUNCIL November 12, 1968 stated that he had never received instructions to prepare charges for "conduct unbecoming an officer" and he felt there was no purpose in this hearing. Mr. Madden indicated his reluctance in holding a meeting on this matter until it is determined what the Attorney General's investigation will be. Councilman Keiser felt that if Mr. Marsden .wanted a hearing, the Council should grant'his request. She asked to go on record as being in favor of granting this request. Mr. Madden suggested that receipt of the letter be acknowledged by the city along with the fact that it was read and discussed at this meeting. He also suggested that the letter should inform Mr. Marsden that there are no charges pending, and none have been filed. If Mr. Marsden still wishes a hearing, he should contact the City Administrator and be scheduled on the agenda for the next meeting. The letter should so advise him and should also ask that if he wishes a hearing before the Council, he state the matter to be discussed. The City Administrator was directed by the Council to write this letter in accordance with the suggestions of the City Attorney. HEARINGS, APPEARANCES, AND REPORTS: B-1 Appearance of Frank Abruscato re change in taxicab rates Mr. Abruscato informed the Council that since his taxicab business has been in operation, insurance rates, the cost of living, wages, and maintenance costs have increased. He stated that it is now necessary to raise the rates.for taxicab service to 62.50 per mile in order to continue his operation. He noted that the town is long and narrow,and the poor road conditions in the Del Mar area are quite costly to his business. He mentioned that the rates for the San Luis Obispo cab service have recently been raised and he requested a public hearing before the Council on the matter. MOTION: Councilman Mallery moved that staff schedule a public hearing for an increase of taxicab rates. The motion was seconded by Councilman Keiser and unanimously carried. B-2 Report on harbor dredging project Mr. Little stated that this was merely a status report on the completion of the dredging project. He read a memo from the . Acting Director of Public Works stating that the project had been completed on October 28 with an estimated 406,000 cubic yards of sand dredged from the bay. An inspection will be held at 1:00 p.m. on November the 13th, at which time the Corps of Engineers will formally accept the work. B-3 Report on Morro Creek Flood Control Project Mr. Little read a memo from Doug Stuart stating that the Corps of Engineers, as a result of the city's request, was making a MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 12, 1968 Page Seven reconnaissance investigation of Morro Creek with regard to alleviating winter flood conditions. The city will receive a report in approximately two months indicating the work which should be done and the cost estimate of the project. Possibly the Corps will finance the actual construction project if the cost does not exceed $100,000.00 No Council action is necessary on this matter. B=4 Report of Morro Bay Parks and Recreation Commission on Use of Facilities - Buildings and Parks Mr. Little read the memo from the Morro Bay Parks and Recreation Commission recommending the adoption of the rules and regulations formulated by the Commission in conjunction with the regulations previously adopted by the Council on September 10, 1968. Council directed staff to place this matter on the agenda for the next meeting in order to give the Council members sufficient time for study. B-5 Report of insurance committee on health and accident insurance Councilman Donohoo reported that staff and the committee had met and studied the proposals from five different insurance companies and it was agreed that Prudential Life Insurance offered the most feasible proposal. He mentioned examples of the better coverage offered by this company as compared to the company now handling the employees' health and accident insurance and noted that Prudential would be a savings costwise both to the employees and to the city. Councilman Donohoo also informed the Council that a meeting had been held with the city employees who unanimously voted to accept the proposal from Prudential Life Insurance Company. MOTION: Councilman Keiser moved that this insurance program be adopted effective December 1, 1968. The motion was seconded by Councilman Donohoo and unanimously carried. UNFINISHED BUSINESS: C-1 Request of Morro Bay Motel Association for directional signs Mr. Little read the memo from Doug Stuart regarding the installation of motel signs at the intersection of Main Street and Highway 41. The memo stated that the State will not permit the installation of signs of this nature on their right-of-way. The sign could be placed in the city right-of-way; however, this may create a con- fusing situation for tourists attempting to use Main Street or the access road to Highway No. 1. Mr. Little suggested that the sign be put near the stop sign on the north west corner of the intersection. The Council and staff discussed the possibility 'of using a "frontage road" sign instead of a "motel" sign and also placing a sign in the area of Highway No. 1 and Yerba Buena. 1-1 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 12, 1968 Page Eight MOTION: Councilman Mallery moved that staff be directed to write the State and request permission to place a "frontage road" sign #C67-R on the east side of Main Street. The motion was seconded by Councilman Donohoo and unanimously carried. C-2 RESOLUTION NO. 70-68. RESOLUTION APPROVING GRANT OF USE PERMIT TO CALIFORNIA STATE POLYTECHNIC COLLEGE CORINTHIAN SAILING CLUB Mr. Little stated that this Use Permit Agreement had been prepared in accordance with Council directive. He informed the Council that the Corinthian Sailing Club had furnished the city with adequate insurance coverage. MOTION: Councilman Donohoo moved that Resolution No. 70-68 be read by title only. The motion was seconded by Councilman Mallery and unanimously carried. Mr. Little read Resolution No. 70-68 by title only. MOTION: Councilman Keiser moved for the adoption of Resolution No. 70-68. The motion was seconded by Councilman Mallery and unanimously carried by roll call vote. Mr. Paul Seager, President of the club explained that the club was affiliated with the Morro Bay Yacht Club and its purpose was to promote interest in sailing. C-3 Review of harbor truck bids Mr. Little stated that since the Council's decision to purchase a Ford Bronco from Seth Johnston Ford in Atascadero, the agency with- drew their bid because the sales tax had been omitted. The new bid figure from this agency would be $3,430.00 which is in excess of the amount approved by the Council. He suggested that all bids be rejected and new bids called for, or that the Council accept this new bid figure from Seth Johnston Ford. Councilman Mallery felt that since most of the usage of this vehicle would be on paved roads, it would be in the best interest of the city to get a standard 4-wheel drive truck with 11" tires. MOTION: Councilman Donohoo moved that the city reject all bids, draw up new specifications for a vehicle with a wheel base of approximately 115" and request new bids. The motion was seconded by Councilman Keiser and unanimously carried. C-4 RESOLUTIONS NO. 71-68, 72-68, AND 73-68. RESOLUTIONS ACCEPTING QUITCLAIM DEEDS FROM THE COUNTY OF SAN LUIS OBISPO Mr. Little requested Council approval of Resolutions 71-68, 72-68, and 73-68 accepting deeds from the county for certain parcels of land which were a part of the settlement in the city -county litigation. The documents have been checked by City Engineer Sam Taylor and have been found correct from an engineering standpoint. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 12,,1968 Page Nine MOTION: Councilman Donohoo moved that Resolutions No. 71-68, 72-68, and 73-68 be read by title only. The motion was seconded by Councilman Mallery and unanimously carried. Mr. Little read Resolutions No. 71-68, 72-68, and 73-68 by title only. MOTION: Councilman Mallery moved for the adoption of Resolutions No. 71-68, 72-68, and 73-68. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. C-5 Review of improvement requirements for Embarcadero Mr. Little suggested that perhaps these improvements should be made a Planning Commission matter for consideration before the Council took any action in the matter. He felt the city needs to start giving serious consideration to these improvements and referring them to the Planning Commission would be appropriate at this time. Councilman Mallery felt that the Council should review this in a study session to determine if they are in agreement on the general outline or if they wish to make any suggestions or changes before giving it to the Planning Commission. Councilman Keiser felt that since the map was already prepared, it should be given to the Planning Commission with the advice that they are to work within the framework of the stipulation agreement and let them negotiate with the people on the waterfront for any small changes that might be necessary. Councilman Mallery felt the Council should decide exactly what improvements they wanted before giving this to the Planning Commi s s ion . MOTION: Councilman Keiser moved that a joint meeting with the Planning Commission be held and that the waterfront people be notified of the meeting. The motion was seconded by Councilman Mallery and unanimously carried. C-6 Review of proposed water storage facilities Mr. Little read a memo to the City Council explaining the map showing the proposed easement for waterstorage and transmission main. He explained the State's alternative to the purchase of the necessary easement and asked that the Council direct him to contact the Division of Beaches and Parks concerning further information on this matter. MOTION: Councilman Bickford moved that the City Administrator be authorized to negotiate with the Division of Beaches and Parks for this easement. The motion was seconded by Councilman Keiser and unanimously carried. C-7 Petition for installation of curbs and gutters on Elm Avenue, Reno Street, and Bonita Avenue Lj MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 12, 1968 Page Ten Mr. Little displayed a map of the area to be included in this district and explained the methods which the city could use to collect from the property owners for the costs of the improvements. He also explained the steps which must be taken by the city in order to initiate these improvements. MOTION: Councilman Mallery moved that the city implement this program that has been proposed under the Streets and Highways Code. The motion was seconded by Councilman Donohoo and unanimously carried. NEW BUSINESS: D-1 Review of existing harbor lease provisions - request for change Mr. Madden informed the Council that staff has become aware of a certain clause in many of the leases which permits termination of the lease at the option of the lessor upon the death of the lessee. He requested Council authorization for the preparation of a Resolution changing the paragraph to one similiar to the same paragraph in later county leases which no longer permits termination upon death of the lessee. MOTION: Councilman Mallery moved that staff be directed to prepare the necessary resolution to make this change. The motion was seconded by Councilman Bickford.and unanimously carried. D=2 Request for permission to waive watchman requirements of Section 17.06 of the Uniform Fire Code when no flammable gases are used Mr. Little explained the reason for this request and suggested a waiver instead of an ordinance change due to the contemplated changes in the city fire ordinance which will include adoption of the 1967 edition of the Uniform Fire Code. He explained that the Uniform Fire Code of 1967 required a watchman only when the fumigation gas was flammable, whereas, the existing 1961 Uniform. Fire Code required a watchman for all fumigation work. MOTION: Councilman Donohoo moved that these requirements be waived. The motion was seconded by Councilman Keiser and unanimously carried. D-3 Ashurst Well Agreement Mr. Little explained that this agreement expired in October of 1967. Mr. Ashurst is willing to draw a new seven year agreement, but has asked for an increase in the payments for the use of the wells from $400.00 per year to $500.00. Mr. Little explained that these two wells are in constant use by the city and recommended that the Council direct staff to proceed with negotiations for a new agree- ment. MOTION: Councilman Bickford moved that staff be directed to negotiate a new agreement with the Ashursts. The MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 12, 1968 Page Eleven motion was seconded by Councilman Donohoo and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION: (CONTINUED) A-1 City Council (2) Mayor Giannini informed the Council that he had been receiving complaints that Mr. Czerwin is advertising trailer storage which the Council had denied earlier this year. He asked if staff was aware of this situation and if so, what steps were being taken. Mr. Little informed him that staff has been aware of this situation and that the Planning Director is in the process of informing Mr. Czerwin that if this sign is not removed, the matter will be turned over to the City Attorney for legal action. (3) Councilman Keiser reported that she had attended a meeting of the Chamber of Commerce where a subject of discussion had been the necessity of Morro Bay representation in the numerous parades in the area. It was suggested that the High School Band represent the city. The Chamber of Commerce has asked permission of the high school principal, Mr. Ted Harding, for the band to participate. MOTION: Councilman Keiser moved that staff be directed to inform Mr. Harding by letter that the City Council is in agree- ment with the project of the Chamber of Commerce and urges the full cooperation of the school. The motion was seconded by Councilman Bickford and unanimously carried. (4) Councilman Keiser also mentioned the matter of the parking on the Embarcadero near the Harbor Office which is to be restricted by order of the Council. She informed the Council that many of the waterfront people are disturbed by this and do not seem to fully understand the reasoning behind the parking limitations. She suggested a meeting to allow those involved to discuss the matter at length. Mr. Little stated that the city was not proceeding with this parking limitation until the Council so directed or a better understanding was reached between the Chamber of Commerce and the people in the area to be restricted. MOTION: Councilman Keiser moved that this item be placed on the next agenda. The motion was seconded by Councilman Donohoo and unanimously carried. (5) Councilman Donohoo reported on a meeting of the San Luis Obispo County -Cities Area Planning Council, at which meeting lengthy discussion was held on county wide airports. Councilman Donohoo noted that members of the Airport Committee had attended this meeting. He stated that the Board of Supervisors had asked the planning council to draw up plans for a general plan for airports within the county. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 12, 1968 Page Twelve Councilman Mallery informed the Council that the Airport Committee would have some definite proposals to present at the next Council meeting. (6) Mayor Giannini stated that held later in the week. He start looking forward to working with on water rights on the Whale Rock Dam that he had requested cost figures on CORRESPONDENCE: a Mayors' Conference would be stated that the city should the Whale Rock Commission He informed the Council this project. 1. Letter from the Department of Justice signed by Paul Joseph, Deputy Attorney General, expressing appreciation for the.part Mr. Madden played in the consummation and termination of the litigation involving the county. 2. Letter from the Department of Water Resources relative to the approximate cost of a water resources management study of this area. 3. Several letters from Mrs. May Pipkin regarding the harbor settlement. 4. Request from the City of Corona that the city adopt a resolution urging legislators to seriously consider closing the Mexican border to American minors. MOTION: Councilman Donohoo moved that staff prepare a resolution for presentation at the next Council meeting. The motion was seconded by Councilman Keiser and unanimously carried. 5. Announcement from the Department of Public Health regarding the two day conference for Atomic Power in California. 6. Announcement from the League of California Cities regarding statewide conferences to be held in San Francisco. 7. A packet from the California Navigation Conference with the request that it be forwarded to the congressional representative regarding a $92,000.00 proposed project for the Morro Bay Harbor. MOTION: Councilman Keiser moved that staff take care of this matter. The motion was seconded by Councilman Donohoo and unanimously carried. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Bickford and unanimously carried. ADJOURNMENT: MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 12, 1968 Page Thirteen MOTION: Councilman Keiser moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting adjourned at 11:20 p.m. Recorded by: M. J. LITTLE, Cit Cl rk :-;;4 By: Carolyn L. Wentzell Deputy City Clerk x 6 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING October 22, 1968 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Adjourned Regular Meeting of September 26, 1968 2. Regular Meeting of October 8, 1968 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 street conditions B-2 Report on tidelands litigation UNFINISHED BUSINESS C-1 Resolution adopting 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 C-2 Resolution authorizing payment of group hospital and medical insurance for each individual employee C-3 Proposed water storage C-4 Review of bids on harbor vehicle C-5 Review of police car bids C-6 Resolution approving grant of Use Permit to Regal Sea Food NEW BUSINESS D-1 Request of Central Coast Investors for changes in lease D-2 Request of Elm Street property owners for assistance in installing curbs and gutters D-3 Review of street sweeper requirements for city D-4 Resolution granting Use Permit to conduct street parade to Morro Bay High School D-5 Request for removal of chain link fence at rear of Recreation Building CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council meetings: November 12 and 26, 1968 2. Planning Commission meetings: November 5 and 19, 1968 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 22, 1968 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, and Mayor Giannini ABSENT: Councilman Mallery MINUTES: The minutes of the adjourned regular meeting of September 26 and the regular meeting of October 8, 1968 were considered by the Council. MOTION: Councilman Bickford moved that the minutes of September 26, 1968 be approved as written. The motion was seconded by Councilman Donohoo and unanimously carried. MOTION: Councilman Donohoo moved that the minutes of the regular meeting of October 8, 1968 be approved as written. The motion was seconded by Councilman Bickford and carried. Mayor Giannini voted "no" because he objected to a correction which had been made to the minutes of the adjourned regular meeting of October 1, 1968. INDIVIDUAL DETERMINATION AND/OR ACTION: A-1 City Council (1) Councilman Keiser reported on the Conference of the League of California Cities held in Los Angeles. She cited the sessions on "Conflict of Interest" and "New Concepts in Planning" as being outstanding and informed the Council that she would dis- tribute copies of the planning information as soon as she received them from the League. (2) Mayor Giannini stated that he would like to see the agenda amended to include an A-4 item "Oral Communications from the Public" since he felt the voters should have an opportunity to speak at the Council meetings, apart from commenting on a specific agenda item. Councilman Donohoo felt the situation should be studied to determine the policy of other cities before adding this agenda item. Councilman Keiser felt that it was an excellent idea but these meetings were not town hall meetings, but were for the purpose of conducting city business. She suggested that if any voter wished to speak on a particular item, a request be made to be included on the agenda. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 22, 1968 Page Two MOTION: Mayor Giannini moved that,Item A-4 "Oral Communications from the Public" be.added to the agenda. The motion died for the lack of a second. (3) Mayor Giannini noted that he had been receiving numerous inquiries concerning the progress of Improvement District No. 4. He asked staff for information as to how soon this matter will come before the Council. Sam Taylor, City Engineer, stated that an estimate of the cost of the improvements is being prepared and will be presented at the next Council meeting. After this is approved, notices will be sent out to the individual property owners showing the cost for their improvements, and after a period of approximately 30 days a hearing will be held, at which time the -people will have the opportunity to protest the formation of the assessment district. (4) Mayor Giannini asked Councilman Donohoo if he had requested the Mayor's resignation after a recent Council meeting. Councilman Donohoo replied that this statement was untrue. He stated that he had told Mayor Giannini that certain Council members were dissatisfied with his actions as Mayor. Councilman Bickford felt that it would be totally ridiculous for a Councilman to ask for the resignation of another Councilman since the Council is elected by the people and the people alone can remove them from office. He stated that he knew of no attempt to remove the Mayor from office. Councilman Keiser stated she felt there was never a question of the Mayor being taken off of the Council and it would be up to the voters to take any action of this nature, not the Councilmen. A-2 City Attorney Mr. Madden informed the Council that the Ambulance Agreement between the city and county has been prepared by the county for execution by the city. He suggested that the Mayor sign the document after the meeting. A-3 City Administrator (1) Mr. Little presented the Expenditure Report for the period October 1 through October 15, 1968 for the approval of the Council. MOTION: Councilman Donohoo moved that the Expenditure Report for the period October 1 through October 15, 1968 be approved. 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, 1968 for the approval of the Council. MOTION: Councilman Donohoo moved that the Financial Report for the period July 1 through September 30 be approved. The motion was seconded by Councilman Bickford and unanimously carried. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL October 22, 1968 (3) Mr. Little noted that since he had been appointed permanent City Administrator, there was a vacancy left in the Planning and Building Department which needs to be filled. He further stated that the Council had directed staff to study the matter and he has tenative acceptance for the position from Mr. William Thomas who is fully qualified to handle not only the building inspections but also the planning aspect of the job. Mr. Little asked for authorization from the Council to negotiate with the applicant for a.position at Range 32 with a salary starting at $690. MOTION: Councilman Donohoo moved that the City Administrator be authorized to contact the mentioned applicant and negotiate with him for the filling of this position. The motion was seconded by Councilman Bickford and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS: B-1 Report on Street Conditions Mr. Little noted that the city was aware of the poor street conditions in the northern section. He read a memo from Doug Stuart, Acting Director of Public Works, requesting Council determination concerning. the maintenance of the adobe streets in this area. Mr. Little stated that a policy decision on the part of the Council was necessary and advised the Council that the city's major grading equipment was now in the process of being repaired. Councilman Keiser questioned whether the people understood that the only way to get these roads upgraded is through an improvement district. She suggested that the Council defer any action until after the assessment cost report is submitted for Improvement District No. 4. The public was informed that the city will grade the roads if the people will furnish the redrock, but the city can not possibly supply redrock for the roads -in the area that are now adobe. Mr. Hugh Case inquired as to why the city bought used grading equipment in the first place. He felt that too much money was being spent on repairs that would not be necessary if new equipment had been purchased. Mr. Case was informed that this piece of equip- ment had only cost $1,500 when it was purchased and the city has spent approximately $300 in repairs on it in the last four years. The needed repairs now will cost about $1,000, but a new piece of equipment would be approximately $12,000. No Council action was necessary in this matter. B-2 Report on tidelands litigation Mr. Madden reported that the four pending litigation cases involving the city and county were now over and the judgement was signed on October 14, 1968. He also noted that the County Board of Supervisors has authorized payment of $50,000 to the city in settlement of the litigation. • 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 22, 1968 Page Four UNFINISHED BUSINESS: s C-1 RESOLUTION NO. 65-68. RESOLUTION ADOPTING SALARY SCHEDULE AND POSITION CLASSIFICATIONS, ASSIGNING CITY EMPLOYEES TO CLASSIFICATIONS AND SALARY STEPS WITHIN THE RESPECTIVE RANGES OF THE SALARY SCHEDULE, DESCRIBING METHODS OF ADVANCE- MENT, AND REPEALING PREVIOUS SALARY RESOLUTIONS. Mr. Little noted that this resolution was prepared at the request of the Council. MOTION: Councilman Donohoo moved that Resolution No. 65-68 be read by title only. The motion was seconded by Council- man Keiser and unanimously carried. Mr. Little read Resolution No. 65-68 by title only. MOTION: Councilman Donohoo moved that Resolution No. 65-68 be adopted. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote with Councilman Mallery absent. C-2 RESOLUTION NO. 66-68. RESOLUTION AUTHORIZING PAYMENT OF GROUP HOSPITAL AND MEDICAL INSURANCE FOR EACH INDIVIDUAL EMPLOYEE MOTION: Councilman Donohoo moved that Resolution No. 66-68 be read by title only. The motion was seconded by Council- man Bickford and unanimously carried. Mr. Little read Resolution No. 66-68 by title only. MOTION: Councilman Donohoo moved that Resolution No. 66-68 be adopted. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote with Councilman Mallery absent. C-3 Proposed water storage Mr. Little noted that the Council had heard the report from Koebig and Koebig at the last meeting and the action was delayed for further study. Councilman Donohoo suggested that Council action be postponed until after the November election to determine the outcome of Proposition No. 9. Mayor Giannini felt the city should continue to check with the State as to the availability of access for the proposed location of the water storage facilities. The Council directed the City Administrator to check into this matter. Councilman Donohoo informed the Council that Senator Grunsky had indicated his willingness to work with the city on this project. 0 9 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 22, 1968 Page Five C-4 Review of bids on harbor vehicle Mr. Little stated that at the last meeting bid results were presented to the Council and staff was directed to check into the bid for this vehicle and report back to the Council. He suggested that the Council either authorize the purchase of one of the low bids which met specifications or, if the Council felt that further study should be made, reject all bids, draw up new specifications, and request new bids. Doug Stuart stated that this vehicle was to be a replacement for the present harbor vehicle. The primary reason for the speci- fications put out to bid was that the short wheel base vehicle was the type best suited for the use of the vehicle on loose sand. Councilman Donohoo asked what percentage of time this vehicle would be used on pavement or highways as compared to the amount of time it would be used on sand. Mr. Stuart informed him that the vehicle would be used on pavement more than on sand, but that a larger unit would not make any appreciable difference. Councilman Bickford felt that this short wheel base unit would be more suitable in sand or rough terrain than a pickup. MOTION: Councilman Bickford moved that the Council accept the bid of Seth Johnson Ford in the amount of $3,250. The motion was seconded by Councilman Keiser and unanimously carried. C-5 Review of police car bids Mr. Little informed the Council that the city had received the following bids for police car units (prices include trade-ins): Hysen-Johnson Ford $2,418.98 per unit Fred Briedon Chevrolet 2,207.09 per unit Seth Johnson Ford 2,275.65 per unit Larry Smith Plymouth 2,477.50 per unit He noted that Seth Johnson Ford would pick up the vehicle for repairs and furnish a loaner during the time it was being repaired. It is not known if Fred Briedon Chevrolet has the same policy. He noted that this service factor was important and suggested that the Council authorize the Purchasing Agent to purchase either of the two lowest bids, depending on the service the city would receive. Councilman Bickford felt that service was quite important and that if the company policy was to replace the vehicle with a loaner, this would effect the speed with which the repaired vehicle was returned. MOTION: Councilman Bickford moved that the Council direct the Audit and Finance Committee and the Purchasing Agent to make the final decision in this matter. The motion was seconded by Councilman Donohoo and unanimously carried. C-6 RESOLUTION NO. 67-68. RESOLUTION APPROVING GRANT OF USE PERMIT ANY r MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 22, 1968 Page Six MOTION: Councilman Donohoo moved that Resolution No. 67-68 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 67-68 by title only. MOTION: Councilman Bickford moved for the adoption of Resolution No. 67-68. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote with Councilman Mallery absent. Mr. Little requested Council_ approval of two additional agenda items. Council agreed to include the additional items on the agenda. C-7 Review of bids for S. S. Project No. 40 (Beach Street (Added) Improvements) Mr. Little read a memorandum from Sam Taylor listing the following bids: Stanton Biggs $10,881.00 Watkins Construction 13,640.20 Madonna Construction 15,897.00 Burke Construction 16,905.26 Maino Construction 21,159.54 Mr. Little informed the Council that the engineer's estimate for this project was $12,228,80 and the City Engineer has recommended that the low bid of $10,881.00 be accepted. MOTION: Councilman Keiser moved that the Council accept the low bid of $10,881.00 and a contract be awarded to Stanton Biggs. The motion was seconded by Councilman Donohoo and unanimously carried. C-8 RESOLUTION NO. 68-68, RESOLUTION' -AUTHORIZING EXECUTION (Added) OF QUITCLAIM DEED TO A PORTION OF BEACH STREET (FORMERLY EIGHTH STREET) Mr. Madden stated that this matter was referred to staff in accordance with Council's instructions. A previous resolution had been re -drawn to include the description of the new property and a new quitclaim deed had been prepared which will convey the entire interest to Mr. Lyles. He recommended that this resolution be adopted and the quit- claim deed be granted to Mr. Lyles. MOTION: Councilman Donohoo moved that Resolution No. 68-68 be read by title only. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little read Resolution No. 68-68 by title only. MOTION: Councilman Bickford moved for the adoption of Resolution No. 68-68. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote with Councilman Mallery absent. NEW BUSINESS: MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 22, 1968 Page Seven DD=1 Request of Central Coast Investors for changes in lease Mr. Little read the request from Central Coast Investors for the following changes in their lease agreement with the city: (1) Substitution of Morro Dunes, a limited partnership, as lessee under the present lease. (2) Deletion of Section 15 from the agreement. (3) Change of'address on the lease. (4) Change Section 3 to include occupancy of facilities for not more than 30 days in -any 45 day period between July 1 and September 1 and no limitation for the rest of the' year. Mr. Madden felt that Section 3 was a matter of executive policy. He felt unless there was a tremendous demand for space, this would be a reasonable request on the part of the lessee. He also noted his opinion that Section 15 as written would not be harmful to Central Coast Investors and would not profit the city if it were deleted. As to the matter of changing the name and address on the lease, he felt this would be a simple matter. Councilman Bickford suggested that if the Council granted the requested change in Section 3, it should be revokable in the event the demand for the trailer space becomes such that city feels there should be a larger turnover in the use of the park. Mr. Madden suggested that he contact the attorney for the lessee to discuss this matter further. Discussion was held among Council and staff regarding the clause allowing termination upon interference with harbor or tideland uses. MOTION: Councilman Keiser moved that this be referred to the City Attorney to discuss with Mr. Gallo, attorney for Central Coast Investors. The motion was seconded by Councilman Donohoo and unanimously carried. D=2 Request of Elm Street property owners for assistance in installing curbs and gutters Mr. Little read the request of Mrs. McCouaghay for assistance in improving Elm street. He stated that the city has discouraged the installation of curbs and gutters in fromt of individual property because of the drainage problems caused. Instead, the city has encouraged residents to form groups and have at least one side of a block improved at one time. He recommended that the city endeavor to assist these property owners. Mrs. McCouaghay stated that many people in Morro.Bay seem to feel that sometime in the future the city is going to step forward and install these curbs and gutters for the property owners. She informed the Council that she realized this would not happen and the residents of her area would prefer to pay for the improvements in this manner rather than initiate an improvement district. Mr. Little mentioned that the improvements put in on Harbor Street west of City Hall were done in this manner and he recommended that the city authorize this program. He suggested that if the Council approved this, the city would have the work contracted and the MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL October 22, 1968 property owners would pay their proportionate share of the costs. Council directed the City Administrator to check into this matter and report back at the next meeting. DD=3 Review of street sweeper requirements for city. Mr. Little stated that it was impossible for the city to keep the streets and gutters clean with the present crews., The city must look forward to the time when it will be necessary to purchase this type of equipment. A usedstreet sweeper would cost about $5,000 whereas a new one would be approximately $14,000. He requested consideration be given this matter by the Council to including this need in next year's budget. Mr. Hugh Case stated that he would be unable to request time on the next meeting's agenda at a later date, so he would like to publicly make a request at this time. He stated he would like to know how much money the city has spent on the grader since it was purchased. He was informed that it would not be necessary to request time on the agenda to find out this information: the city has spent approximately $300 on this piece of equipment since the date of purchase and this information is available to the public if they will come to City Hall and make a request. No Council action was required on this matter. D-4 RESOLUTION NO. 69-68. RESOLUTION GRANTING USE PERMIT TO CONDUCT STREET PARADE TO THE MORRO BAY HIGH SCHOOL. MOTION: Councilman Donohoo moved that Resolution No. 69-68 be read by title only. The motion was seconded by Council- man Keiser.', and unanimously carried. Mr. Little read Resolution No. 69-68 by title only. MOTION: Councilman Bickford moved for the adoption of Resolution No. 69-68. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote with Councilman Mallery absent. D-5 Request for removal of chain link fence at rear of Recreation Building Mr. Little read a memorandum from Doug Stuart requesting removal of this fence which was installed for the purpose of containing the children from the nursery school which no longer occupies this building. The fence makes maintenance of the area more difficult and serves no useful purpose at this time. It was installed by the school district at the request of the nursery school and would be stored for possible future use. MOTION: Councilman Bickford moved that Council authorize the removal of this fence. The motion was seconded by Councilman Donohoo and unanimously carried. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 22, 1968 Page Nine CORRESPONDENCE: 1. Letter from Francis T. Ramsey inquiring concerning the city leash law. 2. Agenda for the Fish and Game Commission Meeting of November 1. 3. Copy of a letter from Mrs. May Pipkin and a copy of the reply from the Attorney General's Office. 4. Letter from the Morro Bay Chamber of Commerce requesting the re-establishment of Morro Rock Campground. 5. Minutes of the Fish and Game Commission Meeting of August 23. 6. Letter from John Norek re the requested changes in his insurance policy for his lease and the demand of the city for rental due. MOTION: Councilman Keiser moved that the correspondence be filed. The motion was seconded by Councilman Donohoo and unanimously carried. ADJOURNMENT: MOTION: Councilman Keiser moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting adjourned at 9:O1 p.m. Recorded by: M. J. LITTLE, City"Clerk By: Carolyn L. Wentzell Deputy City Clerk s NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a Special Meeting on Friday, October 18,,1968, at 3:00 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider the following matter: 1. Personnel matters DATED: October 17, 1968 JOSEPH C. GIANNINI, Mayor City of Morro- Bay, Calif. By. M. T' LE, City Cler Sent to: KSBY TV KVEC RADIO KSLY RADIO KATY RADIO John Sarber Hand Delivered: (prior to 3:00 p.m.) Council Sun Bulletin Telegram -Tribune (Milt Hartsell informed verbally a.m. this date) MINUTES - MORRO BAY CITY COUNCIL Special Meeting October 18, 1968 3:00 p.m. City Hall Conference Room. The meeting was called to order at 3:10 p.m. by Mayor Giannini. ROLL CALL: PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini ABSENT: None MOTION: Councilman Mallery moved to adjourn to executive session to discuss personnel matters. The motion was seconded by Councilman Donohoo and unanimously carried. Discussion was held on personnel matters. MOTION: Councilman Mallery moved to adjourn to regular session. The motion was seconded by Councilman Donohoo and unanimously carried. MOTION: Councilman Mallery moved to adjourn the meeting. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting a j,ourned at 4:50 p.m. c rd d--b J LE, City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING October 8, 1968 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of September 2. Adjourned regular meeting of 3. Adjourned regular meeting of 24, 1968 September 26, 1968 October 1, 1968 INDIVIDUAL DETERMINATION AND/OR ACTION• A-1 City Council A-2 City Attorney A-3 City Administrator;' HEARINGS, APPEARANCES, AND REPORTS B-1 Report of Koebig and Koebig on recommendations for increasing water storage facilities B-2 Appearance of John Norek and Tom Smith regarding harbor lease site B-3 Appearance of representatives from Corinthian `Sailing Club of Cal Poly B-4 Report on proposed Tract No. 369 B-5 Report on abandoned vehicles B-6 Report of Salary and Classification Review Committee B-7 Report from State Division of Highways re traffic conditions at Main Street and Highway 41 B-8 Report and recommendations of Planning Commission on request of Morro Bay Motel Association on erection of directional roadside business signs UNFINISHED BUSINESS C-1 Resolution accepting deed from Pacific Gas & Electric Company C-2 Resolution approving and authorizing execution of Mutual Fire Protection Aid Agreement NEW BUSINESS D-1 Resolution granting a Use Permit to conduct a street parade to the Morro Bay Lions.Club D-2 Review of Regal Seafood Use Permit D-3 Matters relating to Improvement District No. 5 D-4 Quitclaim deed for Lyles' property D-5 Resolution approving Parcel Map #MB 68-30 CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council meeting: October 22, 1968 2. Planning Commission meeting: October 15, 1968 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 8, 1968 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:31 p.m. with the Pledge of Allegiance.' Mayor Giannini gave the invocation. ROLL CALL: PRESENT: ABSENT: MINUTES: Councilmen Bickford, Donchoo, Keiser,.Mallery, and Mayor Giannini. None The minutes of the regular meeting of September 24; the adjourned regular meeting of September 26, and the adjourned regular meeting of October 1, 1968 were considered by the Council. Mayor Giannini asked if there were any corrections and/or additions to be made to said minutes. (1) Councilman Bickford noted that certain changes must be made to the executive minutes of September 26, 1968. Mr. Little suggested that approval of these minutes be deferred until the next meeting so that the necessary corrections may be made. (2) Councilman Bickford noted a typographical error on page 2 of the minutes of October 1, Item 4. He stated that the amount of 300 cubic yards should be changed to read 3000 cubic yards. (3) Councilman Donohoo,noted that the first paragraph under Item 2 of the minutes of October 1 should be changed to include the additional recommendation'of the Audit and Finance Committee that the Finance Director be••authorized to determine if credit is to be extended for dockage rental. (4) Councilman Mallery requested that a "no" vote be recorded for him in the motion to set Mr. Little's pay.at Step 4 of Range 41. He indicated that he had been in disagreement with this motion and felt the pay should be set at Step 3 rather than Step 4. He conceded that he had not voiced a "no" vote, but -had merely not voted when the voice vote was called for. Mr. Madden stated that it was considered correct to record a motion as unanimously carried if there were no "no" votes. He saw no objection to this being introduced in the minutes of this meeting as a request that the vote be shown as abstaining. He suggested that in the future if a Councilman wished to vote other than "yes" on a voice vote, that he indicate either a "no" vote or an abstaining vote. Further discussion was held relative to this matter. MOTION: Councilman Bickford moved that the minutes be changed to show that Councilman Mallery cast a "no" vote. The motion MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 8, 1968 Page Two was seconded by Councilman Donohoo. Roll call vote: AYES: Councilmen Bickford, Donohoo, and Keiser NOES: Mayor Giannini ABSTAINED: Councilman Mallery The motion was carried. MOTION: Councilman Donohoo moved that the minutes of September 24 and October 1 be approved as corrected and that the' minutes of September 26th be deferred for further corrections. The motion was seconded by Councilman Bickford and unanimously carried. DUAL DETERMINATION AND/OR ACTION: A-1 City Council Mayor Giannini indicated that he had an item for discussion, but he would defer it until later due to ihe_length of the agenda for this meeting. A-2 City Attorney Mr. Madden reported that the final agreement for emergency ambulance service is being prepared for excution.by the county and the city. He also indicated that negotiations for the contract for this service would be handled by the county in the best interests of the city. Mr. Cool of the District Attorney's office will report to Mr. Madden on this matter. ' r ' A-3 City Administrator (1) Mr. Little requested approval of the Expenditure Report for the period September 16 through September 30, 1968. MOTION: Councilman Donohoo moved that the Expenditure Report for the period September 16 through 30 be approved. The motion was seconded by Councilman Bickford and unanimously carried. (2) Mr. Little requested authorizationfor Ken Valley to attend the meeting of the Street Superintendents and Maintenance Association in Santa Maria on October loth. The cost of the meeting will be $4.50 and the use of the city car is requested. MOTION: Councilman Bickford moved that Ken Valley be authorized to attend this meeting. The motion was seconded by Councilman Keiser and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 8, 1968 Page Three MOTION: Councilman Keiser moved that Item'B-6,.the Report of the Salary and Classification Review Committee, be heard at this time. The motion was seconded by Council- man Bickford and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS: B=6 Report of Salary and Classification Review Committee Mr. Little stated that the Council had been furnished with the minutes of the Salary and Classification Review Committee meeting of September 16 and a memo from the committee recommending that the City Council increase the salary of each city employee by one range effective November 1 and that, in addition, the full cost of health insurance for each employee be paid by the City of Morro Bay. Mr. Little read the minutes and the memorandum for the benefit of those present and noted that the only action to be taken at this time would be to instruct the staff to prepare the necessary resolutions to put this change into effect or any other staff instructions which the Council might deem necessary. MOTION: Councilman Bickford moved that the recommendations of the Salary and Classification Review Committee be accepted . and that staff be instructed to prepare the.appropriate resolutions to put this into force by November 1. The motion was seconded by Councilman Keiser. Councilman Mallery stated that he was disturbed. by this motion because tie felt that the City Council had determined at the budget hearings not to give the.employees raises this year; and now, less than three months after the beginning of the new fiscal year, the Council is considering granting raises because the committee feels the city is below the norm. He reviewed the present salary status of each employee and compared the salaries paid by the city with various salaries paid by the City of San Luis Obispo. He felt that Morro Bay was not below the norm. He also reviewed the basis for the different steps within each range and mentioned that the city was not administering the classification plan.properly. He stated that for this reason he would not agree with a salary increase. He did feel, however, that there were some inequities in salary classifications within the city. Councilman Bickford felt the intention of the committee was that this recommended adjustment is merely a cost of living raise. He further stated that the committee intended to review each department and make recommendations to the Council for changes regarding the classification structure and possibly the classifications themselves. The committee wanted to bring the recommendations to the Council before making further study into the classifications. He stated that Morro Bay is not trying to compete with other cities in the area, but they feel that this raise which amounts to 2.9% plus the insurance costs, is necessary. Councilman Keiser felt that, if the salaries were brought up to standard; then, when positions need to be filled, the city is apt to get more qualified people applying for the job. She noted that MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL October'8, 1968 the League of California Cities is attempting to bring salaries up to the point where the cities will not be vieing-against each other for labor. She.felt these recommendations were appropriate and necessary. Mayor Giannini asked for comments from the audience, but none were submitted. Mayor Giannini felt that this raise is necessary. He felt if unions were to come into the city it would cause much bigger problems. He was not against paying reasonable salaries and felt the city had saved by cutting down on employees. He suggested that there should be a closer bond between.the Police and Fire Department and felt there is no need for two policewomen on a police force of only 10 men. Roll call vote on motion: AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Giannini NOES: Councilman Mallery The motion was carried. B-1 Report of Koebig and Koebig on recommendations for increasing water storage facilities Mr. Little stated that the Council had determined that a study should be made of methods of increasing the city water storage facilities. A request was submitted to the engineering firm of Koebig and Koebig to give the city a bid on this work. The bid has been submitted and the. Council approved Phase 1 at the last meeting. Mr. Little introduced Keith Tranbarger and Mark Hodges of Koebig and Koebig. Mr. Hodges explained that according to agreement his firm is submitting three plans for improvements to the water system for the consideration of the Council. Plan "A" calls for a new 1,000,000 gallon water tank at Kings Street with a 12" pipeline to be connected from Quintana Road to the Kings Street tanks. The estimated cost of this plan is $110,000. Plan "B" calls for a 1,000,000 gallon tahk at South Bay Boulevard and Quintana. This would be a ground type storage tank. The estimated cost is $90,.000.00. Plan "C" also calls for a 12" pipeline with a booster pump station at the Quintana turn-off. The cost of this plan would be $110,000. He recommended Plan "A" as the most permanent and the plan requiring the least maintenance of all the other plans: . Councilman Mallery spoke against this plan. He did not.feel that the city should take this money out of general funds to put in the water system now. He was in favor of the city looking farther ahead than' this plan. The water problem is not this critical in his opinion and he suggested that the city have emergency pumps and by-pass the Morro Bay tanks. He also suggested a long term bond issue for this project. Councilman Keiser felt that the city should do some investigating MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL October '8, 1968 of what water is available from Nacimiento and Whale Rock Dams.. She agreed in some aspects with Councilman Mallery because she felt the city should have a definite plan for the future needs. Councilman Mallery stated that the city could put in desalination plant in two units which would produce'2 - 3 hundred thousand gallons a day. This water could then be fed into the cheaper water and supplement the water situation and still keep costs down. "He felt a survey of water cost should be compiled. Mayor Giannini felt that the city needs more storage capacity and that this should be an immediate project for the ;community. He felt it would be a serious mistake if the community let this situation exist for another year. Mr. Little stated that there is no question but what supplemental water is needed, but the city still needs more storage. The original master plan was designed so that water could be brought from any direction without influencing the workability of the distribution and storage plan. This proposal is part of the overall plan of water distribution and storage. Councilman Donohoo stated that the Council made a point of reducing the fire insurance rates by increasing the water mains. He,agreed with Councilman Mallery that the city should get a complete study made instead of doing it a portion.at a time. He suggested more study -on this matter. < MOTION: Councilman Donohoo moved that this matter be delayed until the next meeting to.give opportunity for study. The motion was seconded by Councilman Bickford.' Discussion was held regarding the future water needs for the city and the difference in cost for a bond issue or a project to be done, a portion at a time. Doug Stuart, Acting Public Works Director, stated that the deficiency in storage was creating the problem. Supplemental pumps would not help if the city did'not have additional'storage space. He listed the needs in the order of their importance: (1) storage facilities, (2) additional water, and (3) water mains. Discussion was held relative to the importance of the additional stroage space in case of a break -down in the pumping system. Voice vote.on the motion: the motion was unanimously carried. B=2 Appearance of John Norek and Tom Smith regarding harbor lease Mr. Norek introduced himself and stated that he had obtained a lease from the county 8 or 9 years ago, at which time the lease called for a rental of $37.50 per month. He felt he was providing a. public service with his boatyard and stated that after he had invested $64,000 in the lease, it had been declared void by the county. Then the rental was increased approximately 2 1/2 times and subsequently the area became involved in litigation. ` He conceded E MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL October 8, 1968 that he had signed the settlement agreement which calls for a higher rental for this property,, but.now feels.that this is;not an equitable arrangement. Since the time of'his signing; he has become aware of the fact that with this increased rental'he`will not even be able to compete with the boatyards on the coast. He felt the rest of the waterfront was in the same situation. During,the past 7 to 8 years he has been loosing several thousand dollars a year. He introduced Mr. Tom Smith, a graduate naval architect from Massachusetts Institute of Technology. Mr. Smith stated that the present rental appeared to be in line with the other major ports on the coast. He quoted prices charged in various other ports and compared then with the rental rates to be charged in the waterfront area involved in litigation. He felt that the city will loose much business to these.other ports if they are going to place rentals higher than,.elsewhere along the Pacific Coast. Higher rentals will make the fishermen leave this port. He felt that the terms of the settlement fora law suit were dictating the city's . rental policy. He recommended that the city examine this policy because it is not in line with the policy of competing ports. Mr. Madden informed Mr. Smith that this policy for these leases involved in litigation does not affect the entire waterfront. No policy has been established by the City Council relative to the leases in other than this litigated area. He felt that these leases in this area would not need to be the exact standard for the lease policy in the entire area. Mayor Giannini thanked Mr. Norek and Mr. Smith.for their fine presentation and assured them that the Council would give this matter further consideration. No Council action required in this matter. B-3 Appearance of representatives from the Corinthian Sailing Club of Cal. Poly Paul Seager, President of the club, stated that he had requested a Use Permit for lease sites 57, 58, 57W, and 58W because his club had recently lost their storage facilities for their boats.. Since most of the club's sailing activities are in Morro Bay and since they have affiliations with the Morro Bay Yacht Club, they feel this would be an ideal spot for them to store their boats. There are approximately 10-15 boats owned by members of this club which would be brought here if this space is made avail- able. He informed the Council that his club is a non-profit organ- ization and they are trying to increase their membership as well as their activities. Mr. Little explained the size of the area in question and stated that it is not being used at the present time. Until a policy is established it could be available for uses such as this. He stated that the city must have proper insurance coverage if this property is leased to the club under a Use Permit Agreement. Councilman Mallery felt that the city has to use these lease sites MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 8, 1968 Page Seven to get some rental coming in. He felt this would have to be on a temporary basis because city wants to lease this to productive businesses. Mr. Madden suggested that should the Council agree to grant the Use Permit, the term could expire around the end of the school year which would be the first part of June, 1969, and some, public service arrangement could be included such as willingness to give sailing lessons or water safety programs. MOTION: Councilman Mallery moved that this be referred to staff for cooperation between Mr. Seager and the group as to their requirements to work out an arrangement and report back to the Council. The motion was seconded by Council- man Keiser and unanimously carried. B-4 Report on proposed Tract No. 369 Mr. Little stated that the Council had directed staff to make further study on this matter and that he had some questions to place before the Council for consideration: (1) Does the city need this subdivision in order to promote growth of residences in the city? (2) Will there be sufficient advantage to the city in lending its credit to this proposed financing to make it worth-. while? (3) Will the consent of the city for this type of financing establish a precedent for the future? and (4) If.the Council should determine that this type of financing is feasible, should it be used for the development of the entire project or just a portion? He recommended that the Council either appoint a committee to make a thorough study of this or refer it back to the Planning Commission for study. Councilman Keiser was not in favor of using the taxpayers' money to help finance this project. Councilman Mallery also did not agree with this type of financing. Mayor Giannini felt this matter deserves serious consideration. Improvements of this type benefit the city'even'though they do involve problems. He felt the Council must also consider the $130,000.00 road which will be city property as a result of this plan. Mr. Madden stated that he had asked Mr. Den-Dulk.for an appraisal of this property and in the event a committee is appointed, he would, with the permission of,Mr. Den-Dulk, make these available for the studies. Mayor Giannini asked how"Mr. Den-Dulk would back up the first assessment payments before the developments on the property had begun. Mr. Den -bulk stated that the project wouldcarry"itself but they were not going to 'allow the entire project to be lost because of relatively small assessment bond payments. He again affirmed that MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 8, 1968 Page Eight his company hoped to have lots on the market in May of 1969. The' first installment will not be due until December of next year. The work would not have to be completed before the lots can be sold. Mr. Ed Ness of Sturgis, Den -bulk, Douglass and Anderson stated that if the city considers this program under the 1915 bond act the city will be obligated to make advances to the bond fund whenever it is short for the purpose of making payment to the bond owner. The city then would have the immediate right of foreclosure and the. property can be sold and the city will have its money. The laws says the city can do this by advancing money out of the general fund or by levying a tax of not more than 10fi per $100 assessed valuation. Mr. Ness knew of no cities or counties that have had to make advances. He felt that if the staff and/or others would make a report and perhaps more clearly define specific questions arising and ask for answers from Mr. Den-Dulk, the city could get to a point that they could either consider the project or not consider it. He again informed the Council that under the 1911 act the property is foreclosed for the total amount of.the assessment; whereas, under the 1915 act, the sale is through superior court and is.only foreclosed for the delinquent payment. The first year payment would be $125 on the principle and $150 on the interest. If the property owner, Mr. Den -bulk, failed to make payment of.$275, the city would have the right of foreclosure through superior court and would be selling the property for the $275 payment plus-cost'and not for the $2500 assessment. The company is asking that the city support the bond. issue in order to provide a very feasible means of financing the property improvements. The only inducement for the city is the use of the beach and the construction of the roadway. Mayor Giannini stated he had received numerous calls relative to this peoposal but the people did not understand and when he explained the situation, they were in favor of"this project. Councilman Bickford was concerned about whether or not this project is needed in the city and -whether it is fair to extend this type of credit to one subdivider that hasn't been or won't be extended to others. He was -not entirely in favor of this program. . Mr. Little recommended that two Councilmen be appointed.as a committee together with staff to study this matter. He suggested that the Planning Director and Finance Director be included on this committee. - The Council agreed that this was the best solution to this problem and Mayor Giannini appointed Councilmen Mallery and Bickford, Mr. Madden, Mr. Ludeman, Mr. Rogoway, and Mr. -Little to serve on this committee. Mr. Little requested that Item D-3 be considered at this time to allow Mr. Ness and Mr. Den-Dulk to leave the meeting as soon as possible. The Council has no objections to this proposal. D-3 Matters relating to Improvement District No. 5 Mr. Ed Ness presented the following resolutions for the approval of MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 8, 1968 'Page Nine the Council: RESOLUTION NO. 56-68. RESOLUTION APPROVING BOUNDARY,'MAP RESOLUTION NO. 57-68. RESOLUTION.OF PRELIMINARY DETERMINATION• TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS FOR THE CONSTRUCTION' OF IMPROVEMENTS IN ASSESSMENT'DISTRZCT NO. 5,, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA RESOLUTION NO. 58-68. .RESOLUTION APPOINTING ENGINEER OF WORK AND AUTHORIZING EXECUTION OF AGREEMENT RESOLUTION NO. 59'-68. RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND AUTHORIZING EXECUTION OF'AGREEMENT RESOLUTION NO. 60-68. RESOLUTION OF INTENTION IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS IN ASSESSMENT DISTRICT NO. 5, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA MOTION: Councilman Mallery moved that Resolutions No. 56-68, 57-68, 58-68, 59-68, and 60-68 be read by.title only. The motion was seconded by Councilman Bickford and unanimously carried.. Mr. Little read Resolutions No. 56-68, 57=68, 58-68, 59-68, and 60-68 by title only. MOTION: Councilman Mallery•moved for the adoption of Resolutions, No. 56-68, 57-68, 58-68, 59-68, and 60-68. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. RECESS: 10:00 P.M. RECONVENED: 10:08-p.m. B-5 Report on abandoned vehicles Mr. Little stated that ,discussion'was held at the last meeting on this matter and staff was requested to discuss with the Teixeira brothers the problem of removing vehicles from the city streets and public property and the financial loss to the Teixeiras. He indicated that the Teixeiras have agreed that the cost is not'the main difficulty, but the problem of what to do with the autos' after they are removed from the streets. Mr. Little informed the Council that he had contacted a representative of the State Depart- ment of Fish and Game and asked him .to inquire as to the possibilities of dumping these cars in the ocean for the purpose of building an artificial reef. The representative of the Fish.and Game Commission did not feel that it would be a problem, but could not give any definite answer until he contacted his superiors. The city is awaiting a reply and is also waiting for the'county to acquire a', proposed auto graveyard. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 8, 1968 Page Ten Councilman Mallery questioned staff as to the possibility that the Department of Fish and Game is not the only State authority to be contacted in this matter. Mr. Madden indicated that he would explore this possibility immediately. He suggested assistance on an emergency basis until this land becomes available. Mr. Little concluded his report by informing .the Council that this information was only preliminary and he hoped to'have.additional information to present in the near future. No Council action was required. B-7 Report from State Division of Highways.re traffic conditions at Main Street and Highway 41 Mr. Little reviewed the background for the city's request to the Division of Highways for a study of this intersection with respect to traffic hazards. He read a memorandum from the Acting Director of Public Works reporting on.the findings of'the Division of Highways and their recommendations to.the city: Several recommendations will be instituted by the division but they have asked the city to install a larger "Main Street" sign at the northeast corner of the intersection for better :identification of the street and post a 35 m.p.h. limit on Main Street north of.Highway 41(this does not have direct bearing on the traffic problem at the intersection, but will be more desirable than the present limit of 25 m.p.h.). The Council complimented'Mr. Stuart on the fine, report and directed the Public Works Department to proceed with the city's part of the recommendations. B=8 Report and recommendations.of Planning Commission on request of Morro Bay Motel Association on erection of directional roadside business signs Mr. Little read the report of the Planning Commission recommending that the City Council take whatever action is necessary to post small directional roadside business signs along the State Highway. Councilman Mallery suggested that the signs include the words "gas, food, and lodging". Councilman Bickford questioned the need for these signs. He felt the Council should be careful in allowing signs such as these. Mr. Little suggested that these signs might alleviate confusion on the part of tourists in the area. MOTION: Councilman Keiser moved that this matter be referred to staff to see what can be done and report back at the next meeting. The motion was seconded by'Councilman Donohoo and unanimously carried. Mrs. Hall of the Motel Association explained the type of signs desired and the purpose intended. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 8, 1968 Page Eleven UNFINISHED BUSINESS: C=1 RESOLUTION NO. 61-68. RESOLUTION ACCEPTING DEED FROM PACIFIC GAS AND ELECTRIC COMPANY. Mr. Little explained that this was merely a formality since the Council has already approved the purchase of this property and the check has been issued purchasing it. MOTION: Councilman Donohoo moved that Resolution No. 61-68 be read by title only. The motion was seconded by Councilman Mallery and unanimously carried. Mr. Little read Resolution No. 61-68 by title only. MOTION: Councilman Donohoo moved that Resolution No. 61-68'be adopted. The motion was seconded by Councilman Mallery and unanimously carried on a roll call vote. C-2 RESOLUTION NO. 62-68. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF MUTUAL FIRE PROTECTION AID AGREEMENT. Mr. Little explained that staff had been previously instructed to proceed with the preparation of this document and this was a formality to authorize the execution of the agreement. MOTION: Councilman Donohoo moved that Resolution No. 62-68 be read by title only. The motion was seconded by Council- man Bickford and unanimously carried. Mr. Little read Resolution No. 62-68 by title only. MOTION: Councilman Donohoo moved that Resolution No. 62-68 be adopted. The motion was seconded by Councilman Mallery and unanimously carried on roll call vote.. C-3 Bid results on dump truck and 4-wheel drive vehicle (Added) Mr. Little presented the bid results along with the recommendation of Doug Stuart that Mel -Smith Chevrolet of San Luis Obispo be awarded low bid on the dump truck in the amount of $6,983.88 and that Seth Johnston Ford of Atascadero be awarded low bid for the 4-wheel drive truck in the amount of $3,250.00. Councilman Mallery was not in favor of accepting the bid of Seth Johnston Ford. He felt that a 4-wheel drive standard Chevrolet pickup would be adequate for this type of use and would cut down on maintenance costs. Councilman Bickford felt the city could not accept this bid since they did not advertise for other bids'of,this type. 11 MINUTES - MORRO Regular Meeting Page Twelve BAY CITY COUNCIL October 8, 1968 Discussion was held regarding the propriety of accepting this bid. Mr. Little recommended that the Council consider the bid on the dump truck at this time and refer the matter of the 4-wheel drive truck back to staff for further study. MOTION: Councilman Mallery moved that the Council authorize the purchase of a dump truck for $6,983.88 from Mel Smith Chevrolet and defer the matter of the 4-wheel drive vehicle until more information is gathered. The motion was seconded by Councilman Bickford and unanimously carried. NEW BUSINESS: D-1 RESOLUTION NO. 63-68. RESOLUTION GRANTING A USE PERMIT TO THE MORRO BAY LIONS CLUB TO CONDUCT A STREET PARADE. MOTION: Councilman Mallery moved that Resolution No. 63-68 be read by title only. The motion was seconded by Council- man Keiser and unanimously carried. Mr. Little read Resolution No. 63-68 by title only. MOTION: Councilman Mallery moved that Resolution No. 63-68 be adopted. The motion was seconded by Councilman Bickford and unanimously carried by roll call vote. D_2 Review of Regal Sea Food Use Permit Mr. Little informed the Council that the Use Permit for Regal Sea Food Company was granted on a year-to-year basis and would expire on October 31, 1968 He asked for a determination from the Council as to whether this should be done by a lease agreement rather than a Use Permit Agreement. Councilman Bickford felt that for the time being, the city should continue with the Use Permit Agreement until leasing policies are established. The Council agreed and directed staff to prepare the Use Permit Agreement for presentation at the next Council meeting. D-4 Quitclaim deed for Lyles' property Mr. Little explained that this is a very confusing situation. Mr. Lyles has been attempting to get title to this property since 1952 and has not as yet succeeded. He asked for authorization from the Council to proceed with this matter and make recommendations as to what action the city can take in this matter. MOTION: Councilman Bickford moved that staff be authorized to investigate this matter and report back to the Council. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October'8, 1968 Page Thirteen The motion was seconded by Councilman Donohoo and unanimously carried. D-5 RESOLUTION NO. 64-68. RESOLUTION APPROVING PARCEL MAP MB 68-30 MOTION: Councilman Donohoo moved that Resolution No. 64-68 be read by title only. The motion was seconded by Councilman Mallery and unanimously carried. Mr. Little read Resolution No. 64-68 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 64-68. The motion was seconded by Councilman Mallery and unanimously carried by roll call vote. Mr. Madden asked that the map be executed for recordation. CORRESPONDENCE: 1. Letter from the Morro Bay Motel Association relative to the parking limitations on the waterfront. 2. Letter from Molina Engineering thanking the Council for the opportunity of presenting water reclamation methods. 3. Letter from the Department of Water Resources re inquiry as to the possibility of a water resources study in Morro Bay area. Mayor Giannini requested that staff write to the Department of Water Resources requesting information on the cost of a water management study. 4. Letter from Californians for Modern.Hospitals re support of Proposition 5 in the November election. 5. Agenda for the Harbors and Watercraft Commission meeting of October 21, 1968. 6. Letter from the San Luis Obispo County Planning Commission re the request of the Morro Bay Motel Association for billboards. MOTION: Councilman Mallery moved that the correspondence be filed. 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 adjourned at 10:58 p.m. Recorded by: M. J. LITTLE, City C1 rk By: Ca�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, October 1, 1968, at 7:30 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California,'to consider the following matters: 1. Presentation by Molina Engineering Consultants on the possibilities of wastewater reclamation 2. Consideration of the report of the Audit. and Finance Committee on their study of various city departments DATED: September 27, 1968 JOSEPH C. GIANNINI, Mayor City of Morro Bay, California By M. J L TLE, City Clerk Sent to: Telegram Sun Bulletin KSBY TV KVEC RADIO KSLY RADIO KATY RADIO John Sarber Council Attorney MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting October 1, 1968 7:30 p:m. City Hall Conference Room The meeting was called to order at"7c30 p.m. ROLL CALL: PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini ABSENT: None - ITEM 1 -- Presentation by Molina Engineering Consultants on the possibilities of wastewater reclamation Mr. Andrew Gram of Molina Engineering Consultants explained that his company had been asked to appear before the City Council to explain the possibilities of using wastewater reclamation to pro- vide an additional water supply for the City of Morro Bay. He stated that the report submitted by Carollo Engineers several years ago was quite complete and comprehensive; however, changes have occurred during the time since this report was made. He stated that a treatment plant may be provided for processing disposal only; but when the water is to be re -used, it may be necessary to provide additional treatment. He explained several common ways of reclamation and stated that.most reclamation pro- grams involve a return of water to the ground which filters out undesirable contents which cannot readily be filtered out by . other methods. He displayed a,chart showing the water available to Morro Bay and the cost involved in each instance. Water avail- able from Whale Rock Commission would cost $114 per acre foot: Santa Rita Project water would cost $55 per acre foot (However, this would involve a $3,000,000 outlay to put this plan into operation); desalination would provide an unlimited supply of water but the approximate cost of $20.0 per acre foot is prohibitive; and reclamation using the reverse osmosis method $150 per acre foot. He also explained another possible method of reclamation which would be merely taking water softener brines out of sewage and returning the treated water.to the ground. However, the city would need to remove'the salts added during the use cycle in order to re -use the water effectively. He explained one advantage of reverse osmosis is that a large immediate capital outlay is not necessary. He further explained the process .of reverse osmosis and stated that the water purified through this method could be introduced into water processed by the wastewater treatment plant and this would decrease the cost from $150 to $75 per acre foot. He noted that the Federal Government has subsidized reclamation projects by demonstration grants which pay 50% of the costs. He recommended reverse osmosis as the most feasible process of waste- water reclamation for this area, but affirmed that the most inexpensive method of water supply at the present time is to get water from the ground. Lengthy discussion was held among the Council and Mr. Phillips and Mr. Gram relative to wastewater reclamation programs. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting October 1, 1968 Page Two ITEM 2 -- Consideration of the report of the Audit and Finance Committee on their study of various city departments Councilman Donohoo reviewed in depth the recommendations of the Audit and Finance Committee which included: (1) The establish- ment of a complete property inventory system to be maintained in City Hall, (2) All personnel records to be kept in City Hall available only to authorized persons, and (3) That a'work order system be set up by the Public Works Department and that copies be furnished to the City Administrator. (Also, Finance Director to be authorized to determine if credit is to be extended for dockage MOTION: Councilman Keiser moved that the Council accept these recommendations of the Audit and Finance Committee and that they be put in force by the staff. The motion was seconded by Councilman Bickford and. unanimously carried. MOTION: Councilman Donohoo moved that Mr. Little be hired as City Administrator. The motion was seconded by Council- man Mallery'and unanimously carried. rental)*I MOTION: Councilman Bickford moved that Mr.'Little's pay be established at Step 4 of Range 41. The motion was seconded by Councilman Keiser and ananimcus±y carried. (With Councilman Mallery voting no)* Mr. Little suggested that the Council consider hiring someone in the Planning and Building Department who would not only be able to take care of the building inspections, but who would also be qualified to take care of the planning aspect of the department. Staff was directed to study this matter and report back to the Council. ITEM 3 -- Application for use of.Recreation Building Mr. Little informed the Council that he had received an application for the use of the Recreation Building by the Church of Jesus Christ of the Latter Day Saints. He'..reviewed the application and asked for a determination from the Council. DiSCUSsiOn.Was held and the Council agreed that this use would be.permitted for this' period of time. ITEM 4 -- Sale of dredging,materials Mr. Little informed the Council that he had received an inquiry from a contractor wishing to purchase 3000cubic yards of sand. He asked the going rate to charge for this sand. Councilman Bickford suggested 10fi per yard and the,Council agreed that the sand should be removed from the area adjacent to the Pacific Gas &'Electric Company fence., MOTION: Councilman Keiser moved that'the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting adjourned at 8:5.2 p.m. Record by M�J. Li tie City Clerk By: Carolyn4i. Wentzell, De uty City Clerk * Corrected by minutes of October 8, 1968) a MEMORANDUM TO: Mayor and City Councilmen DATE: September 24, 1968 FROM: City Administrator SUBJECT: Additional items for agenda of September 24, 1968 It is requested that the attached list of items be added to the agenda and considered at the regular meeting of September 24, 1968. ADDENDUM TO AGENDA OF SEPTEMBER 24, 1968 C-3 Report of Layton Tree Service on Morro Bay Boulevard eucalyptus tree D-4 Request for authorization to limit parking on Embarcadero D-5 Consideration of California Law -Enforcement Tele- communications System proposal D-6 Request for authorization of curb and gutter contract with State Division of Highways CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING September 24, 1968 7:30 p.m. Morro Bay Recreation Hall. Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Adjourned Regular Meeting.of September 5, 1968 2. Regular Meeting of .September 1'0, 1968 1) INDIVIDUAL,DETERMINATION AND/OR ACTION f A-1 City Council A-2 City Attorney A-3 City Administrator HEARINGS, APPEARANCES, AND REPORTS B-1 Appearance of Art Hapgood representing Central California Communications Corporation on Cable TV transmission difficulties B-2 Appearance of Ray Teixeira on.abandoned auto situation UNFINISHED BUSINESS C-1 Report on bid results for S..S. Project 41 C-2 Report on Joint Powers Agreement with the County of San Luis Obispo Service District No. 15 for emergency ambulance service NEW BUSINESS D-1 Morro Bay - South Bay Fire District Mutual Aid Agreement D-2 Request of Swift -Aire Lines for endorsement of proposed air line service - D-3 Preliminary consideration of proposed Tract No. 369 - Morro Sands Land Company - John Den -bulk CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meetings: October 8 and 22,.1968 2. Planning Commission Meetings: October 1 and 15, 1968 0 MINUTES - MORRO BAY Regular Meeting September 24, 1968 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. Mayor Giannini gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Donohoo, Keiser, and Mayor Giannini ABSENT: Councilman Mallery MINUTES: The minutes of the adjourned regular meeting of September 5 and the regular meeting of September 10, 1968 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 Bickford informed the Cbundil that -he had been receiving numerous complaints.of alleged fallout from the Pacific Gas & Electric Plant. He.mentioned that he had been in contact with James Gates of the County Department of Public Health regarding this matter and hoped to have specific.recommen- dations for the next Council meeting'as to what action could be taken to alleviate this situation. (2) Mayor Giannini reported on the,Mayors' Meeting held in Grover City on September 11, 1968. One of the major topics of discussion at the meeting was water. A motion was made and carried that the Mayors request the County Board of Supervisors to provide specific information regarding supplying water to the six incorporated cities of the County. The'Mayors also discussed the proposal of Swift Aire Lines for air service for this area. (3) Mayor Giannini also noted that Mrs. Cecilia Hutton had contacted him again regarding the city establishing an ordinance requiring safety glass in store fronts where traffic is hazardous. He asked if the city could initiate such a program. Mr. Little explained that the city could adopt building regulations as they see fit. He noted that this would require a modification of a section of the uniform building code. The Council directed staff to make further study and report back to the Council at the next meeting, if possible. t MINUTES - MORRO BAY CITY.COUNCIL•. Regular Meeting September 24, 1968' Page Two A-2 City Attorney Mr. Madden informed the Council that a trial date of October 14th has been set for the City -County case. He suggested that an executive session be held to review litigation and certain recommendations he wished to make to the Council. Mayor Giannini informed the Council that Mr. Robert Fairbank had requested permission to appear before the Council. Mr. Fairbank reviewed the background of his request which is now before the Planning Commission for a Conditional Use Permit to establish a marina on the property adjacent to the Golden Tee. He asked for an explanation of the rights of an upland owner, if any; and referred to a letter from the City Administrator which stated that the city does not have a definite leasing policy at the present time. Mr. Madden informed Mr. Fairbank that the city is still in the process of determining a policy regarding leases and.also that there is doubt as to the propriety of the application presented to the Planning Commission because of an order of bankruptcy which, has been filed. A-3 City Administrator (1) Mr. Little presented a travel request and expense report for Sergeant Richard Schacht to attend the Tri-County Investigators Association meeting in Pismo.Beach on October 2, 1968. MOTION: Councilman Bickford moved that the Council authorize Sergeant Schacht's attendance at this meeting. The motion was seconded by Councilman Keiser and unanimously carried. (2) Mr. Little presented a request from the Acting Director of Public Works for authorization to attend a meeting of the American Water Works Association in Anaheim on October 23, 24, and 25, 1968. MOTION: Councilman Bickford moved that Doug Stuart be authorized to attend this meeting.. The 'motion was seconded by Councilman Donohoo and,'unanimously carried. (3) Mr. Little presented the proposed contract with,M. E. Willeford, Certified Public Accountant, for the current fiscal year. The maximum amount to be charged to the city for the auditing services of,•Mr. Willeford will,be $2,400.00:• MOTION: Councilman Donohoo moved that Mr. Willeford be hired as the auditor for the City of.Morro,Bay•for the current fiscal year�and that the Mayor be directed to sign the contract which is in the amount of $2,400.00. The motion was seconded by Councilman Bickford`and�unanimously carried. s MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 24, 1968 Page Three (4) Mr.'Little presented'the Financial Report for July 1 through August 31, 1968 for.the approval of the Council. MOTION: Councilman Bickford moved that the Financial Report for the period July 1 through August 31, 1968 be approved. The motion was seconded by Councilman Donohoo and unanimously carried. (5) Mr. Little presented the Expenditure Report for the period September 1, 1968 through September 15, 1968. MOTION: Councilman Donohoo moved that the Expenditure Report for the period September 1 through September 15, 1968 be approved. The motion was seconded by Councilman Keiser and unanimously carried. (6) Mr. Little presented a request from the League of California Cities that the Council appoint a voting delegate and an alternate for the October Conference to be held in Los Angeles. Mayor Giannini appointed Councilman Keiser as voting delegate and Councilman Mallery as alternate. (7) Mr. Little presented the Addendum to the Agenda and asked that the Council approve the addition of four items of business to the agenda. MOTION: Councilman Donohoo moved that these additional items be included in the agenda. The motion was seconded by Councilman Bickford and unanimously carried. Councilman Keiser asked that the Council approve her attendance at the Channel Counties Division of the League of California Cities meeting to be held in Oxnard on September 27, 1968. MOTION: Councilman Donohoo moved that Councilman Keiser's attendance at this meeting be authorized and also her attendance at any future meetings of the. Channel Counties Division. The motion was seconded by Councilman Bickford and unanimously carried. HEARINGS, APPEARANCES; AND REPORTS: B-1 Appearance of Art Hapgood Representing Central California Communications Corporation on Cable TV reception difficulties Mayor Giannini reviewed the reason for the Council's request that Mr. Hapgood appear at this meeting. Mr. Hapgood referred to the detailed outline of these problems which he had submitted as a result of his recent meeting with two of the Council members and the City Administrator. He stated that all cable television companies are experiencing problems this summer which are caused by two phenomenon: microwave fade and sun spots. Microwave fade is caused by temperature inversion MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 24, 1968 Page Four occuring during the warm summer months. These fades may occur frequently or infrequently and may last for as little as two seconds or as long as two minutes. He explained that the company furnishing the picture to Central California Communications Corporation has moved their point of transmission which lengthens the microwave path and possibly causes. this fade. He informed the Council that nothing can be done to correct the situation but methods are being used to compensate for it: He introduced Mr. John Prince, technical engineer for the entire division, who explained some of -the difficulties involved with the reception of Channel 12 which is not brought in by microwave. Lengthy discussion was held between the representatives of C.C.C.C., the Council, and the audience relative to this matter. B=2 Appearance of Ray Teixeira on abandoned auto situation. Mr. Clarence Teixeira explained their problem of removal of the abandoned vehicles. He informed the Council that this work has been done at no expense to the city and he requested that the city assume some financial responsibility in the future. . He noted that some 60 vehicles have been moved this year at a cost of approximately $35.00 each. Mr. Little explained that the city has an ordinance providing for the abatement of abandoned vehicles; but does not, at the present time, have a place to dispose of these autos. He noted that the county is in the process of acquiring a parcel of land for this purpose, but this may take some time. Mr. Rogoway, County Planning Director, reviewed the steps being taken by the county in this matter and explained that it might be an additional three months before the city could utilize this property for an auto graveyard. Sergeants Bradford and Schacht explained the steps taken -by the Police Department in disposing of these abandoned vehicles and the problems involved in determining the registered owner who must be notified that his car has been picked up. Lengthy discussion was held between Council-, staff, and the Teixeira brothers relative to a solution to this problem. Comments were heard from Supervisor Kidwell relative to the county's concern in this matter. Mayor Giannini felt that -dumping the vehicles in the ocean would be the best solution. He'questioned the ruling by.the State that this manner of disposal was unlawful. He suggested that'staff contact the Department of Fish.and Game regarding the possibility of dumping abandoned vehicled in the ocean. MOTION: Councilman Bickford moved that staff consult with Mr. Teixeira and determine a reasonable policy for compensation for the.:disposal of these abandoned vehicles. The motion was seconded•by Councilman Keiser and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September'24, 1968 Page Five RECESS: 9:120 p.m. 'RECONVENED: 9:29 p.m. UNFINISHED BUSINESS: C-1 Report on bid results on S. S. Project -No. 41 Mr. Little referred to a memo from the Acting Director of Public Works recommending that the low bid of $12,503.80 from C. S. Construction Company of Pismo Beach be approved and the contract authorized. MOTION: Councilman Bickford moved -that C. S. Construction Company be awarded the contract in the amount of $12,503.80. The motion was seconded by Councilman Donohoo and unanimously carried. C-2 Report on Joint Powers Agreement with the County of San Luis Obispo Service District No. 15 for emergency ambulance service Mr. Madden recommended that the Council approve the rough.draft agreement which has been submitted by the County of Sari Luis Obispo and that authorization be given to have the document drawn up in final form for execution. MOTION: Councilman Keiser moved for the approval of the. Joint Powers Agreement and that the document be prepared for execution. The motion was seconded by Councilman Bickford and unanimously carried. Supervisor Kidwell expressed his appreciation for the city's support of this agreement which will bring a much needed service to the city* and also to Cayucos and the South Bay area. C-3 Report of Layton Tree Service on Morro Bay Boulevard eucalyptus (Added) tree Mr. Little reviewed the background on this request for an examination of the tree in question and read the report submitted by Layton Tree Service. He informed the Council that Standard Oil Company, who is planning to construct a new service station on this property, has re -designed their plans to by-pass this tree. He recommended that since the tree was not dangerous or seriously diseased, the City rule that it not be cut down but that it be shaped and topped according to the recommendations of Layton Tree Service. MOTION: Councilman Keiser moved that the tree be saved. The motion was seconded by Councilman Donohoo and carried. Councilman Bickford abstained from voting due to a, possible conflict of interest in the matter. NEW BUSINESS: D-1 Morro Bay - South Bay Fire District Mutual Aid Agreement Mr. Little read the recommendation of-the.Fire Chief.Norm Rieger that the City Council authorize.the preparation of the necessary t I, MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 24, 1968 Page Six documents to provide this mutual aid and, during the interim period while the documents are being drawn up, that his department be authorized to respond to any mutual aid request from the South Bay Fire Department in accordance with the terms of the agreement previously in force. MOTION: 'Councilman Bickford moved that the city enter into a mutual aid agreement with the South Bay Fire District similiar to the one which has been in effect in the past and that the Fire Department be authorized to respond to any mutual aid call during the interim period. The motion was seconded by Councilman Donohoo. Councilman Bickford amended his motion to include that all fire vehicles,'regardless of classification, be authorized to respond to mutual aid 'requests. Council- man Donohoo accepted the amendment and the motion was unanimously carried. D-2 Request of Swift Aire Lines for endorsement of proposed . air line service Mr. Little explained that a number of cities throughout the area have endorsed this proposal and Swift Air Lines have requested that the City of Morro Bay also endorse it. ' MOTION: Councilman Bickford moved that the city endorse this project and authorize the Mayor to -sign the letter of endorsement. The motion was seconded by Councilman Keiser and unanimously carried. D-3 Preliminary consideration of proposed Tract No. 369 - Morro Sands Land Company - John Den -bulk Mr. Little reviewed the background of this request and informed the Council that the area involved was the 100-acre parcel of land north of the high school and west of Highway No. 1. He explained that a problem has arisen regarding the requirement that an access road be provided to keep the beach area open to the public. Mr. John Den -bulk reviewed his attempts to subdivide this property and stated that he had hoped that the State would approve the roadway shown on the map which he displayed for the benefit of those present. However, if his company can not obtain an easement from the State foi this road, a new plan will have to be drawn. He informed the Council that the State requires an indication from the city as to what the city's long-range plans for this beach are, since the beach is now within the incorporated limits of the city. He recommended that the . Council seriously consider taking over the control of this beach if it can be done. He referred to a report made by the State Department of Parks and Recreation which stated that the city should have control of areas such as this. He suggested that the Council refer this matter to staff to work out an operational agreement with -the State. He proposed that this roadway be put in by an.assessment proceeding which would also put in the improvements for the subdivision, spreading the cost over the 450 lots and involving no cost to the city. The advantage to his company under this program is the favorable method of financing for all the improvements. The lots will be put on the market hopefully by May of 1969. The estimated cost will $2,500 for • ,, MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 24, 1968 Page Seven the improvements on -each -lot which would,be financed over a period of 25 years. Discussion was held among the Council'and.staff relative to the suggestion that the city take over the administration,of this beach. Mr. Ed Ness of Sturgis, Den-Dulk, Douglass and Anderson explained that under the 1911 Bond Act the sole security for the bond is the property assessed; whereas, under the 1915 Improvement Bond Act, bonds have no relation to any particular parcel of property. If a property owner fails to make the payment, the city has an obligation to advance funds with which to pay the bond owner. If the city has no general funds for this purpose, they must levy a tax of not more than 10P per,$100 assessed valuation to raise the money. If the city makes advances of funds, the city has immediate foreclosure rights against that property and is only foreclosing for the amount of the delinquent payment, not the property itself. Because of this, these bonds will sell well. The estimated total cost of the project will be in excess of a million dollars. The attraction for the city to approve this method is the $130,000 roadway which will be installed at no cost to the city. Mr. Ness further stated that this bonding will.not impair or limit the city's bonding capacity. MOTION: Councilman Donohoo moved that the preliminary consideration of proposed Tract No. 369 be referred to staff for study and recommendation to the Council. The motion was seconded by Councilman Keiser and unanimously carried. D-4 Request for authorization to limit parking on the Embarcadero (Added) Mr. Little displayed a map designating the areas to be affected by this proposed limitation of parking. He explained that these areas have parking problems because of the sport fishing boats which tie up in this area. The Public Works Department has suggested that the city parking lots in the area be limited to 4-hbur.parking. Discussion was held among Council and staff regarding the property belonging to Pacific Gas & Electric which is adjacent to the area to be restricted. MOTION: Councilman Donohoo moved that this plan be put in force. The motion was seconded by Councilman Bickford. Roll call vote: AYES: Councilmen Bickford, Donohoo, and Keiser NOES: Mayor Giannini ABSENT: Councilman Mallery D-5 Consideration of.California Law Enforcement'Telecommunications (Added) proposal Mr. Little informed the Council that they were being asked to approve this type of program but this would not obligate the city to install the facilities. He explained the purpose of the program which would MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 24, 1968 Page Eight provide better communications between the law enforcement agencies. of the State and, ultimately, the whole country. He stated that a committee will be appointed to study an equitable distribution of cost for this program which will not go into effect until the, latter part of 1969.. MOTION: Councilman Bickford moved that the city 'indicate their willingness to participate in this program'subject to certain studies. The motion,was,seconded by Council- man Donohoo and unanimously carried. D-6 Request for authorization of curb and gutter contract with (Added) State Division of Highways Mr. Little informed the Council that the Division of•Highways•has agreed to install sidewalks, curbs, gutters; and driveway along Quintana Street adjacent to their maintenance station. The plans and specifications for the work are to be provided by the city. The cost.of the construction,is to',be paid by the Division of Highways, but the city must advance the money and bill them later. MOTION: Councilman Donohoo moved -that this.- project be authorized. The motion was seconded.by Councilman Bickford and unanimously carried.' CORRESPONDENCE: 1. Letter from the California Department of Disabled American Veterans re: Forget -Me -Not drive. 2. Letter of appreciation from State Department of'Public Health for assistance of personnel during evaluation df the waste- water treatment plant. 3.. Letter from City of Tehachapi re penalties for -battery with a deadly weapon upon'the person of a peace officer or fireman. 4. Entry. -blank for Arroyo Grande Valley Harvest Festival parade. 5. Letter from Morro Bay Yacht Club thanking the harbor patrolmen, for patroling their sailing races this summer. 6. A copy of the.minutes of the Fish and Game meeting of July 26, 1968.' 7. A copy of the agenda for the Fish and Game Commission meeting of October 4, 1968. - 8. A copy of the minutes of the Department of.Harbors and Water- craft meeting of August 19, 1968. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was_seconded by Councilman Bickford and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 24, 1968 Page Nine" ADJOURNMENT: MOTION: Councilman Bickford moved that the meeting be adjourned to 5:00 p.m. on Thursday, September 26, 1968, in the City Hall Conference Room for an executive session to discuss litigation. The motion was seconded by. Council- man Donohoo and unanimously carried. The meeting was adjourned at ,11:17 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 Morro Bay City Council will hold a PUBLIC HEARING on Tuesday, September 10, 1968, at 7:30 p.m., in the Morro Bay Recreation Hall,. Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the following: 1. Proposed amendment to the Zoning Ordinance of the City of Morro Bay deleting from C-1 Districts the following uses: Service Stations, Car Wash, and Coin -Operated Car Wash; at which said PUBLIC HEARING any person may appear and express his views for or against or in modification of said request. Dated: August 22, 1968 JOSEPH C. GIANNINI, Mayor City of Morro Bay, California By M. U-./LITTLE, City Clerk, CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING September 10, 1968 7:30 p.m., Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES " 1. Regular meeting of, August 27, 1968.. INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator HEARINGS, APPEARANCES, AND REPORTS B-1 Report of committee on use of Recreation Building B-2 Report on County Health Department request B-3 Hearing on proposed amendment to Zoning Ordinance B-4 Appearance of Chet Belknap representing Belon Oysters B-5 Report of Audit and Finance Committee on City Departments UNFINISHED BUSINESS C-1 Request from Department of Housing and Community`Development re: notification on enforcement of local building ordinances C-2 Report on proposed retaining walls on Beach Street (Deferred from meeting of August 27, 1968) NEW BUSINESS D-1 Renewal of Use Permit to Virgil Moores for floating dock D-2 Motion to approve amendment of contract with County of San Luis Obispo for planning services D-3 Resolution setting date and time for public hearing on appeal from Planning Commission action D-4 Request of Public Works Department to start the updating of water maps CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meeting: September 24, 1968 2. Planning. Commission Meeting: September 17, 1968 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 10, 1968 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:32 p.m. with the Pledge of Allegiance.. Mayor Giannini gave the invocation. ROLL CALL: PRESENT: ABSENT: MINUTES: Councilmen Bickford, Donohoo, Keiser, and Mayor Giannini Councilman Mallery, , The minutes of the regular meeting.of August 27, 1968 were considered by the Council. MOTION: Councilman Keiser 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 Keiser reported on a meeting of the Channel Division of the League of California Cities which was held in Carpenteria. At the meeting, the'league decided to hold four meetings per year: and, at the request of the Mayor of San Luis Obispo, the meetings will be in the form of workshops on various subjects of special interest to the cities. Councilman Keiser informed the Council of her suggestion that the'league hold their June 7 r 1969 meeting in Moro Bay. MOTION: Mayor Giannini moved that the city invite the Channel Division of the League of California Cities to hold their June 7th meeting in Morro Bay, and that staff be directed to make the necessary arrangements. The motion was seconded by Councilman Bickford and unanimously carried. (2) Councilman Keiser mentioned that she.has been receiving complaints relative to the cable television reception':. She suggested that staff investigate these complaints and report back to the Council.. After further discussion, the following motion was made: MOTION: Councilman Keiser moved that staff contact Mr. Hapgood of Central California Communications Corporation and ask him to appear before the Council to explain why the area is receiving such poor reception. The motion was seconded by Councilman Donohoo and unanimously carried. (3) Councilman Keiser mentioned that she had received a request from a citizen relative to the passage of a safety ordinance on plate glass. Mr. Little explained that he had also been contacted.by this citizen and had, in turn, contacted the State Division of Industrial r ii MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 10, 1968 Page Two Safety who indicated that this type of regulation was out of their . control. Mr. Little felt that the safety regulations which are being enforced by the city are adequate and a safety ordinance requiring safety glass in-store fronts would not eliminate completely the possibility of injuries from accidents. (4) Mayor Giannini presented certificates from the American Water Works Association to Doug Stuart and Gerald Ramos. Certificates were also awarded to Rosco Oldham and Kenneth Valley who were unable to be in attendance for the presentation. A=2 City Attorney Mr. Madden informed the Council of the progress being made on the Joint Powers Agreement for emergency ambulance service. He stated that the agreement has been drafted and will be presented to the Council as soon as it has been drawn up in final form. A-3 City Administrator (1) Mr. Little read a memo from the Director of Finance recommending that the city purchase a new tank for the Central Fire Truck from Coast Apparatus Company in Martinez for $1,240.00 Councilman Donohoo spoke on behalf,of the Audit and Finance Committee and in agreement with the recommendation of the Finance Director. MOTION: Councilman Donohoo moved that the Purchasing Officer be authorized to purchase the new tank from the Coast Apparatus Company. The motion was seconded by Council- man Bickford.and unanimously carried.' (2) Mr. Little requested authorization for`.certain Councilmen and himself to attend the League of California Cities Conference in Los Angeles during the month'of October. The Council- men who have indicated that they will be attending this meeting are: Councilmen Keiser, Mallery, and Bickford. MOTION: Councilman Donohoo moved.that the attendance of the Councilmen and City Administrator be authorized at these meetings. The motion was seconded by Councilman Bickford and unanimously carried. (3) Mr. Little requested authorization for the Mayor to attend the meeting of the California Navigation Conference in San Diego on October the 25th. MOTION: Councilman Donohoo moved that the Mayor be authorized to attend this meeting. The motion was seconded by Councilman Keiser and unanimously carried. (4).Mr. Little informed the Council of the resignation•" . of Rosco Oldham of the Water Department and requested authorization for the advertisement for maintenance man and the necessary examination for this position. MOTION: Councilman Bickford moved that the city advertise for the position of maintenance man and give'the exam. The motion was seconded,by Councilman Keiser and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 10, 1968 Page Three (5) Mr. Little presented the Expenditure Report for the period August 16, 1968 through August 31, 1968, for the approval of the Council. MOTION: Councilman.Bickford moved that the Expenditure Report for the period August'16 through'August 31, 1968 be approved. The motion was seconded'•by Councilman. Donohoo and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS: B-1 Report of Committee on Use of Recreation Building Councilman Keiser read the report listing a number of rules and regulations applicable to the organizations using the Recreation Building. MOTION: Councilman Donohoo moved for the adoption of these rules and regulations. The motion was seconded by Councilman Bickford and unanimously carried. B-2 Report on County Health Department request Mr. Little informed the Council that he had discussed this request with the City Attorney; and Mr. Madden had recommended that a member of the City Council, the City Attorney, and the City Administrator be appointed as a committee to discuss this matter with the District Attorney and also to consult with other cities concerning this matter. Mr. Madden had also recommended that the letter be acknow- ledged and the Health Department be informed that.Morro Bay is making a study of the matter. MOTION: Councilman Keiser moved that Supervisor Kidwell be added to this committee. The motion was seconded by Council- man Bickford and unanimously carried. Mayor Giannini appointed Councilman Donohoo as a representative of the Council on this committee. MOTION: Councilman Bickford moved for the approval of the appointment of Councilman Donohoo. The motion was seconded by Councilman Keiser and unanimously carried. B-3 Hearing on proposed amendment .to Zoning Ordinance Mr. Little read the Planning Commission resolution recommending an amendment to the Zoning Ordinance which would delete service stations, car washes, and coin -operated car washes from C-1 districts within the city. He also displayed a zoning map of the city' designating the effected areas and suggested that since the wording of this ordinance effected all C-1 areas, which was not the primary intention of the Council, this matter be referred back to the Planning Commission for further study. Commissioner Johnson, who was in the audience, stated that he was in agreement with the necessity for further study on this proposal. He also felt the wording did not achieve the intentions of the Planning Commission. MINUTES - MORRO BAY CITY COUNCIL , Regular Meeting September 10, 1968 Page Four Mayor Giannini declared the hearing open at 8:11_p.m. and asked for comments from the audience. There being none, he declared the hearing closed. Councilman Donohoo.moved that this matter be referred back to the:Planining Commission for further study. The motion was seconded by Councilman Keiser and unanimously carried. 2 Appearance representing Mr. Belknap explained that he.is.the general manager -of Belo Oysters and president of the newly -formed Morro Bay Oysters Incorporated. He noted his objective was the acquisition of the Bay Oyster Company which is presently owned by Frank Brebes. The sale is contingent upon securing an adequate lease for the land. The company wishes to grow, cultivate, and market the giant pacific oyster and would employ between 15 and 20 workers. He further stated that this business would be an asset to the community and he wanted.the Council to be aware of the situation since the lease will be terminated next year. He explained that Morro Bay Oysters Incorporated has no relation to the Belon Oyster method of growing oysters. this matter. Departments Councilman Donohoo read portions of the report for the benefit of those present. He explained the recommendations of the committee that the Council have study sessions to review and establish new. policies which are necessary from the findings of the committee: Three specific policies which the committee felt necessary are: (1) The establishment of a complete property inventory system, (2) The maintenance of all personnel records in City Hall, and (3) The establishment of a work order system by the Public Works Department which would show when each job was.completed. Councilman Keiser moved that the Council accept report with thanks and that it be placed on file public inspection. The motion was seconded by Councilman Bickford and unanimously carried. supplemental Mr. Little informed the Council that the firm of Koebig & Koebig has submitted a proposal for the design of the necessary facilities to supplement the present water storage facilities. He reviewed the proposal submitted for the benefit of the Council -and those present. He felt that this matter could not be acted on at this time, but should be studied in depth by the Council members at a future study session. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 10, 1968 Page Five Discussion was held among members of the Council relative to this proposal. MOTION: Councilman Bickford moved that the city authorize the contract -with Koebig & Koebig for Phase I of this proposal. The motion was seconded by Councilman Keiser and unanimously carried. UNFINISHED BUSINESS: C-1 Request from Department of Housing and Community Development Mr. Little reviewed the request and noted that this was a routine matter which was submitted each year.. He requested approval by minute order action to submit this report. MOTION: Councilman Donohoo moved that this report be submitted to the Department of Housing and Community Development. Roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Giannini NOES: None ABSENT: Councilman Mallery . C=2 Report on proposed retaining walls on Beach Street Mr. Little explained that this matter had been deferred from the last regular meeting for study to ascertain why the full amount had not been budgeted for this project. He explained that one half of the amount had been budgeted for the previous year and spent for other projects; and, due to an oversight, only $12,500 had been budgeted this year, instead of the full amount. He recommended approval of the construction of improvements on one side of Beach Street at this time. MOTION: Councilman Donohoo moved that the Council authorize the improvements on the northerly side of Beach Street. The motion was seconded by Councilman Bickford and unanimously carried. Mr. Little recommended that the Council not develop any project.for the Del Mar area at this time until Improvement District No. 4 is either put.into-effect or abandoned. NEW BUSINESS: D=1 Renewal of Use Permit to Virgil Moores for floating dock Mr. Little requested minute order action approving the extension of the Use Permit Agreement until December 31, 1968. MOTION: Councilman Bickford moved that the Use Permit Agreement' be extended for this period of time. The motion was seconded by Councilman Donohoo and unanimously carried. 9 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 10, 1968 Page Six D-2 Motion to approve amendment of contract with County of San Luis Obispo for planning services Mr. Little requested Council approval of the change notice to the agreement dated July 17, 1967, which extends the agreement for another year. MOTION: Councilman Donohoo moved that the Mayor and the City. Clerk be authorized to sign this change notice to extend the present agreement. The motion was seconded by Councilman Bickford and unanimously carried. D=3 Resolution setting time and date for public hearing on appeal from Planning Commission action Mayor Giannini explained that he planned to appeal this action becuase of a eucalyptus tree involved. He stated that the Planning Commission had not been aware that this tree was located in the driveway of the proposed service station and would have to be removed. He further stated that he had discussed the health of this tree with Mr. Layton of Layton Tree Service.who indicated the probability that this tree is diseased as most of the other trees of its type in this area. Councilman Bickford suggested that the city have the tree examined by several experts before making a determination on the matter. Comments were heard from Mr. Wainwright relative to the probability that this tree was diseased. Mr. Case of ABLE stated that his organization would have no objections if it was proven that the tree was diseased and dangerous; however, they would insist that the tree be examined thoroughly by experts in this field. Discussion was held among members of the Council and staff relative to the legality of this appeal being withdrawn at this -time.' Mr. Madden suggested that the appeal not be withdrawn until•the examination of the tree is made and the results made public. MOTION: Councilman Keiser moved that the Council have Layton Tree Service, Dr. Harry Finch 6f Cal Poly, and Mr. Lawrence Thomas examine the tree and give a report. 'The motion was seconded by Councilman Donohoo and unanimously carried. D=4 Request of Public Works Department to.start the updating of water maps Mr. Little informed the Council that one of the items deleted from the budget was the funds for the work necessary to complete the water maps for the city water system. He ' 'recommended Council approval for this project since these maps, are necessary before the city can request a study of the city water system by the Pacific Firerating Board in an effort to reduce fire insurance rates. , Councilman Donohoo reported that he had.reviewed the rough sketches and notes on file at the Public Works Department which is the extent• of the present maps. He stated 'that these sketches and notes are entirely inadequate and recommended approval of this request for approximately $500 worth'of work to be done by'the firm of Garing, MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 10, 1968 Page Seven Taylor and Associates on the updating of the water maps. MOTION: Councilman Donohoo moved that the Public Works Department be authorized to go ahead with this work for the drafting of water maps. The motion was seconded by Councilman. Keiser and unanimously carried. RECESS: 9:24 p.m. RECONVENED: 9:30 p.m.. CORRESPONDENCE: 1. A copy of the minutes of the Fish and Game Commission meeting of June 28; 1968. 2. A letter from Virgil Butler of the State Lands•Commission expressing regret that he will not be able to meet with the Council on September 9th or llth. 3. A letter from Pacific Gas .& Electric Company relative to the acquisition of property for a community park. 4. A letter from Molina Engineering Consultants confirming a meeting with the Council on October 1, 1968.. 5. A letter from the California Central Coast Genealogical Society expressing appreciation for the use of'the Recreation Building during the Rock-O-Rama Celebration. 6. A letter from.the Department of Harbors and Watercraft requesting a change of date for, their meeting in Morro Bay from December 9, 1968 to January 20,.1969. Council instructed staff to notify the department of their approval of this request. 7. A letter from Mr. & Mrs. Middleton complementing Morro Bay on its overall Recreation program. 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 adjourned at 9:41 p.m. Recorded by: M. J. LITTLE, City Clerk 51w 4� By: Carolyn L. Wentzell Deputy City Clerk r NOTICE OF ADJOURNED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an Adjourned Regular Meeting on Thursday, September 5, 1968, at 7:30 p.m, in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider the following matter: 1. Review of Harbor Leases DATED: September 4, 1968 JOSEPH C. GIANNINI, City of Morro Bay,, 0 Sent to: Telegram -Tribune The Sun The Bulletin KSBY TV KVEC RADIO KSLY RADIO KATY RADIO John Sarber Council Attorney MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting September 5, 1968 City Hall Conference Room Mayor Giannini called the meeting to order,at 7:32.p.m. ROLL CALL: PRESENT: Councilmen Bickford, Donohoo, and Mayor,Giannini ABSENT: Councilmen Keiser and:Mallery Mr. Little explained that the regular meeting of August 27, 1968 had been adjournedto this, meeting ;for the purpose of•an in-depth study of the harbor leases. 'He indicated that the Council had studied 19 lease sites .at the'previous study session held on August 20, 1968, and would continue with the remaining leases at this time. 20. Morro Bay Yacht Club - Lease Sites 59, 60, 59W, and 60W Mr. Little informed the Council that this'.lease site had been omitted during the previous study,session because.it was under a Use Permit Agreement. However,,'the,lease sites now under such agreements would be included in the remainder of the study. Examination of this file reveals no problems. 21. Uptegrove - Lease Sites 87, 88, 87W, and 88W Mr. Little informed the Council that this particular lease does not require the lessee to provide insurance; however, insurance is in effect for this property. He mentioned that an eating place is located on this property which is a non -conforming use. Also, the annual rent of $156.00 is considerably below average. Mayor Giannini indicated that Mr. Uptegrove is willing to re- negotiate this lease with the city. 22. Norek - Lease Sites 89 and 89W Examination of this lease reveals no problems. 23. Johnson - Lease Sites 90 and 90W Examination of this lease reveals no problems. 24. Anderson - Lease Sites 91, 92, 91W and 92W. Mr. Little informed the Council that the restaurant "The Galley" is a non -conforming use on this site according to the orginal lease document. Council directed staff to prepare a resolution changing the permitted usage of this site from "open air cafe" to "restaurant". 25. Conger - Lease Sites 93, 94, 95, 93W, 94W,.and 95W A non -conforming use located on this site is a gift shop called "Rat's Nest". Council directed staff to correct the permitted uses on this property from "sale of groceries and sundries" to "gift shop". Examination of the file reveals.•a sublease to Louise i MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting September 5, 1968 Page Two Tyler which is not properly executed.. Staff was directed to contact Mrs. Conger and find out if this lease is in effect or if Mrs. Tyler.is renting on a monthly basis. 26. McCutcheon - Lease Sites 96 and 96W Examination of this file reveals the following problems: (1) The city does not have a fully executed copy of the'original lease; (2) The lease is made out to Shirley McCutcheon who has since remarried and is now Mrs. Shirley Richey; (3) One of the permitted uses is "building for commercial use" which is not specific. Council directed staff to inform Mrs. Richey to submit a request that the lease be transferred.to*her name. 27. Eytcheson - Lease.Site`sr97, 98, 99, 97W, 98W, and 99W Examination of the lease documents.reveals an illegal permitted use: namely, "Trailer living quarters.". This use is not established on the lease site and needs to be eliminated from the lease document. 1. . . 28. St. John - Lease Sites 100, 101, 100W, and 101W Examination of city business license records indicates that the business on this site, "Mike's Landing"is not licensed. Staff was directed to investigate this matter. 29. Brebes - Lease Sites'102 and 102W Examination of this file reveals no problems. 30. Brebes - Extension of Lease Site 102W Mr. Little informed the Council that this extension of a water lease site was under a Use Permit Agreement which has been recently granted. 31. Standard Oil - Lease Sites 105.1W and 105.2 Examination of this file reveals no problems 32. Carver - Lease Sites 106W, 107W, 108W, 109W, 110W, 111W, & 112W Mr. Little informed the Council that this lease presents many problems: not the least of which is the fact that the city has no lease'with Mr. Carver. Mr. Carver pays $1,450 per year in rental, but the city has no knowledge if he is insured for this property. Mr. Madden suggested that the city immediately ascertain whether any insurance is carried on this particular site and inform Mr. Carver that the city should be named as additionally insured on the policy. Council agreed that this lease site requires a complete study by the City Attorney. 33. Dana Mr. Little informed the Council that this lease site had been under a Use Permit Agreement; however, Mr. Dana had requested a lease and the county had drafted one, but it evidently had never been consumated. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting September 5, 1968 Page Three After discussion, staff was instructed to have the City Engineer examine the proposed County -City grant deeds to make certain that the parking lot south of P.G. & E. property, west of Front Street, and east of the Embarcadero is included. 34. Moores - Lease Site 113W Mr. Little informed the Council that the Use Permit.for this particular site has expired and needs to be renewed. Council directed staff to contact Virgil Moores and find out the basis for his lease from P.G.& E. Council discussed the permitted use listed in the lease "free access for public fishing" and staff was directed to investigate this matter. 35. Walnum - Lease Sites 122, 123, 122W, and 123W Mr. Little informed the Council that the insurance on these lease sites expired in December of 1967, but has just come to the attention of staff. Mr. Little also noted that the name of this lease should be changed since Mrs. Walnum is deceased and Ralph Ruse is the administrator of her estate. Mr. Madden suggested that a certified copy of the letters of administration be furnished to the city. Upon distribution, the city should be furnished with the decree of distribution and a request for transfer of the leasehold interest. 36. Ruse - Extension of Lease Sites 122W and 123W Examination of this file reveals no problems 37. Moores - Lease Sites 124, 125, 126, 127, 124W, 125W, 126W & 127W Discussion was held among Council and staff regarding the right of survivorship clause in this lease and the fact that sport fishing is only a permissive use and can be cancelled within 90 days by the city. Council agreed that this lease definitely requires study and a determination should be made on both mentioned problems Mr. Little mentioned the fact that Virgil Moores is also using Lease Site 128 without a lease or any kind of agreement with the city. Mr. Moores is also interested in securing a lease for Lease Site 128W, but is not actually using this at the present time. 38. Regal Seafood - Lease'Sites 129W, 130W, 131W, and 132W Discussion was held regarding the fact that this'site'was under a yearly Use Permit Agreement rather than a lease. The file does not indicate the reason. 39. Crill - Lease Sites,134, 135, 136, and 137 Examination of this file reveals: (1) A gift shop which is a non- conforming use; (2) A change of use to include abalone processing has never been granted; and (3) No executed sublease to Sites. 0 a 0 MINUTES - MORRO BAY CITY•COUNCIL'. ' Adjourned Regular Meeting September 5, 1968 Page Four 40. & 41. Coast Guard - Storage Building and Dock Examination of these two files reveals no problems. 42. Lapp - Lease Sites 144 and 144W Examination of this file reveals'no problems. 43. Moores — Bait Tank Staff was instructed to check Mr. Moores' insurance policy..to' ascertain if this installation was properly covered. 44. Central Coast Investors Mayor Giannini informed the Council that C.C.I. is interested in. leasing an area north -of their present,lease site for trailer. storage. 45. Green -West Acres No action to be taken on this lease at the present.time. 46. Boy Scout Building Mr. Little informed the Council that the city has no agreement of ' any kind for this property; however, there is some'dispute as..to whether the city is the legal owner,,so no action will be taken at the present time. MOTION: Councilman Bickford moved that the meeting be adjourned. Councilman'Donohoo seconded the motion and it was unanimously carried. . The meeting adjourned at 9:40 p.m. RECORDED BY: M. J. LITTLE, City Clerk C!/a�40LZ� By Carolyn L. Wentzell Deputy City Clerk r, 9 NOTICE OF ADJOURNED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an Adjourned Regular Meeting on Tuesday, September 3, 1968, at 7:30 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider the following matter: 1. Review of Harbor Leases DATED: August 29, 1968 JOSEPH C. GIANNINI, Mayor City of Morro Bay, California By �. M. . LITTLE, City Clerk Sent to: Telegram -Tribune The Sun The Bulletin KSBY TV KVEC RADIO KSLY RADIO KATY RADIO John Sarber Council �. Attorney 1'r I Q i. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Morro Bay will conduct a Public Hearing to consider an appeal from the action of the Planning Commission in granting a Conditional Use Permit to E. W. Johnston to establish a marine engine sales in addition to an existing residence in a.P-D zone on Lots 17 i' and 18, Block 1, Morro Rock Park, on Tuesday, August 27, 1968 at 7:30 p.m. in the.Morro Bay Recreation Hall, Dunes Street and Shasta Avenue, Morro Bay, California. Dated: August 9, 1968 JOSEPH C. GIANNINI, Mayor City of Morro Bay, alifornia By M. J. LITTLE, City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING August 27, 1968 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of August.13, 1968 2. Adjourned regular meeting of August 20, 1968 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator HEARINGS, APPEARANCES, AND REPORTS B-1 Continued hearing on proposed amendment to Zoning Ordinance B-2 Hearing on appeal from Planning Commission action B-3 Report on condition of water tank on 1963 Ford Pumper Fire Truck B-4 Report on Proposed Improvement District No. 5 (Dawson Street water line) B-5 Report of City Engineer on sidewalk requirements for Moose Lodge B-6 Report of City Engineer on proposed retaining walls on Beach Street B-7 Report on Morro Bay Boulevard eucalyptus tree UNFINISHED BUSINESS C-1 Resolution setting tax rate for.1968-69 fiscal year for General Fund and Capital Improvement purposes C-2 Resolution setting tax rate for 1968-69 fiscal year for sewer bond redemption C-3 Resolution giving consent to assignment of Palmer Peterson lease to Mary G. Murray C-4 Maintenance of channel buoys outside City incorporated area C-5 Proposed lease between City and Clayton Scovell NEW BUSINESS D-1 Resolution setting date for'hearing on proposed amendment,to Zoning Ordinance D-2 Demand of P.G.& E. for payment for parcel of land D-3 Approval of sublease of lease site 136 - Crill to Skinner D-4 Resolution approving quitclaim deed to County of San Luis Obispo for Veterans Memorial Building property D-5 Resolution approving transfer.of Hugh D. Graham & Mildred Graham lease to Mildred L. Conger (lease sites 93-95 & 93W-95W) , CORRESPONDENCE ADJOURNMENT ? CALENDAR 1. City Council Meetings: September 10 and 24, 1968 2. Planning Commission Meetings.: 'September 3-and 17, 1968 4 ` MINUTES - MORRO BAY CITY COUNCIL. Regular Meeting% August 27, 1968 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: 1 The minutes of the regular meeting of August 13 and the.regular adjourned meeting of August 20, 1968, were considered by.the Council. MOTION: Councilman Mallery moved that the minutes be approved as written. Councilman Donohoo seconded the motion. Unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION: A-1 City Council (a) Councilman Mallery informed the Council of his concern relative to possible vandalism around the city well sites.' He suggested that the city take some preventive measures to secure the immediate area of the well sites-6 (b) Councilman Mallery mentioned the decision of the Council regarding the eucalyptus tree on Morro Bay Boulevard and the fact that the tree had not been cut down as the Council had ordered. He felt that the action taken by the Council had been proper, but suggested that matters such as this be listed on the agenda and not acted upon during Individual Determination and/or Action. MOTION: Councilman Mallery moved that the Council take no action on matters under the "City Council" section of Individual Determination and/or Action, and that these items be placed on the agenda for the following regular meeting. Councilman Donohoo seconded the motion. Mayor Giannini informed the Council that he had ordered that the tree not be cut down immediately to give the public a chance to voice their opinion in the matter. Roll call vote on the motion: AYES: Councilmen Donohoo and Mallery NOES: Councilmen Bickford, Keiser, and Mayor Giannini The motion failed to pass. P MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 27, 1968 Page Two . (c) Councilman Mallery informed the -Council that.the Airport Committee had been"expanded to include George Waldhelm, Jack Jennings, Paul Groves, and Lindel Chambers. (d) Councilman Keiser, reported that the first performance of the Recreation Teen•.Band'in the City Park had been excellent. MOTION: Councilman Keiser moved'that the Council congratulate the Parks and -Recreation Commission.on the outstanding performance of the Teen Band. The motion was seconded by Councilman Bickford and unanimously carried. (e) Mayor Giannini reported that he had contacted Mr. Virgil Butler of the State Lands Commission and discussed matters relating to the harbor. Mr. Butler has suggested that the City Council have more communication with the State Lands Commission, and as a result, a tenative meeting has been set for Monday, September the 9th. Mayor Giannini suggested that the Planning Commission be invited to attend this meeting. The Council agreed that a joint meeting with the Planning Commission . was desirable and directed the City Administrator to make the necessary arrangements with Mr. Butler and the Planning Commission A=2 City Attorney Mr. Madden was unable to attend the meeting. A=3 City Administrator (a) Mr. Little requested minute order action.authorizing the Purchasing Officer to solicit bids for a 5-yard dump truck for the Street Department and a 4-wheel drive vehicle for the Harbor Department. MOTION: Councilman Bickford moved that the City Purchasing Officer be authorized to solicit bids for the purchase of a 5-yard dump truck and a 4-wheel drive vehicle. The motion was seconded by Councilman Keiser and unanimously carried. (b) Mr. Little presented appropriation transfers'in the amount of $20,000 for litigation expenses, $11,139.73 for painting the water tanks and the balance of S. S. Project No. 28, and $500.00 for correcting the termite condition of the Fire House. MOTION: Councilman Donohoo moved that these appropriation transfers. be.approved. Councilman Mallery.seconded the motion and it was unanimously carried. (c) Mr. Little presented the Expenditure Report for the period August 1 through August 15, 1968. MOTION: Councilman Donohoo moved that the Expenditure Report for the period August 1 through August 15, 1968 be approved. The motion was seconded by Councilman Mallery and unanimously carried. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL August 27, 1968 HEARINGS, APPEARANCES, AND REPORTS: B-1 Continued hearing on proposed amendment to Zoning Ordinance Mr. Little stated that, the Planning Commission has proposed an amendment to the Zoning Ordinance changing the definition of "family" and essentially allowing a certain type of resthomes to be permitted in residential areas of the,city. 'He explained that this matter had been deferred until this meeting in order to give the Council a chance to study this in detail. Councilman Mallery.objected to Section 3 of the proposed ordinance which permits resthomes in R-1 areas. Mr. Rogoway, Planning -Director,' explained the proposed changes in detail for the benefit of the Council and those present. He stated that this would be a limited type of use: resthomes would be permitted, but they would be limited to one "family" per unit. He stated that it was the intention of the Planning Commission to protect residential areas by requiring a Conditional Use Permit in order"to establish resthomes. Mayor Giannini declared the public hearing open•at 8:04 p.m. Comments were heard from'Mr.-Czerwin and Bob Hotz in opposition to the proposed amendment. There being no further comments, Mayor Giannini declared the hearing closed at 8:06 p.m. Discussion was held among members of"the Council and Mr. Rogoway relative to the proposed amendment. MOTION: Councilman Mallery moved that the proposed ordinance amending Sections 5102.1, 5104.2.1, 5104.2.2, 5104.2.3, and 5104.2.4 of the Morro Bay Municipal Code as recommended by the Planning Commission be disapproved. Councilman Keiser seconded the motion. Roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, and Mallery NOES: Mayor Giannini B-2 Hearing on appeal from Planning Commission action Mr. Little explained that the Planning Commission has granted a Conditional Use Permit to E. W. Johnston to establish a marine engine sales in a P-D zone in connection with a residence. An appeal has been filed by Councilman Mallery on July 25 in accordance with the Zoning Ordinance provisions. Mr. Little presented a map showing the area in question and explained the proposed usage. Councilman Mallery listed the following reasons for his appeal: (1) This constitutes spot zoning, (2) The area in question is primarily residential, and (3) The building in question is in an area of poor sight radius in the road and a business in this - location would present a safety hazard. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 27, 1968 Page Four Councilman Donohoo questioned the fact that, according to the minutes of the meeting, George Nagano had disqualified himself from the discussion because of a conflict of interest, but had voted on the matter. He felt this was entirely out of order. Mr. Rogoway informed the Council that this was undoubtedly a mistake in the minutes. He stated that even though this property was formerly occupied by residents, the Planning Commission felt that a retail use was established.in the area by the grocery store next door. Councilman Keiser stated that she had interviewed people in this neighborhood and found that they had no objections to this'use. She also stated that ample parking space was available for the, proposed business. Mayor Giannini declared the public hearing open at 8:23 p:.m. Comments were heard from Mr. Larson in favor of granting the appeal and from Mrs. Grace Hedges in favor of denying the appeal. Mr. E. W. Johnston explained that he was merely asking to relocate his business which has been established in Morro Bay for many years. He bought the property as commercial and has spent a great deal of money improving it. He explained the improvements to be put in after the business is established. There being no further comments., Mayor Giannini declared the. hearing closed at 8:45 p.m. MOTION: Mayor Giannini moved that the Council support the action of the Planning `Commission and deny this appeal. Councilman Bickford seconded the motion. Roll call vote: AYES: Councilmen Bickford, Keiser, and Mayor Giannini NOES: Councilmen Donohoo and Mallery B-3 Report on condition of water tank on 1963 Ford Pumper Fire Truck Mr. Little reported that the tank has developed several bad leaks and the cost of repair would'.be prohibitive'. Fire Chief Rieger informed the Council that the truck was essential for any type of structural fire within the city. He reviewed the steps which could be taken, but recommended the installation of a new tank. '. MOTION: Councilman Donohoo moved that this be referred to the staff for further study and report back to the Council. Council- man Keiser seconded the.motion.. Roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, and Mallery NOES:' Mayor Giannini MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL August 27,, 1968 B-4 Report on proposed Improvement,District No. 5 (Dawson Street I I water line) City Engineer Sam Taylor reviewed the proposed work to be done in this area and the backgroundactiontaken. He informed the Council that an estimate'of the cost involved has been presented to Mr. Luttrell who instigated the petition, and Mr. Luttrell is in agree- ment that the city proceed. Mr. Taylor stated that the first step to be taken will be the appointment of bond counsel and,the engineer for the project. Councilman Mallery felt there was another way to handle this project which would eliminate the high incidental fees. He suggested that the city investigate the possibility of financing the project and collecting from the individual property owners. He was informed that city law prohibits this. Mr. Luttrell reviewed his efforts for improvements and recommended that the city take action to initiate this program regardless of the high incidental fees involved. MOTION: Councilman Mallery moved that the City instigate pro- ceedings for Improvement District No. 5. The :motion was seconded by Councilman Keiser and unanimously carried. Mr. Little suggested that the Council approve using the regular bond counsel used by the city and the City Engineer. MOTION: Councilman Donohoo moved that the city appoint Sturgis, Den-Dulk, Douglass and Anderson as the bond.counsel and Garing, Taylor and Associates as the engineer for the project. Councilman Keiser seconded the motion and it was unanimously carried. B-5 Report of City Engineer on sidewalk requirements for Moose Lodge Mr. Little reviewed the background on this matter and informed the Council that he had been advised by Mr. Taylor that it is now necessary to request that the Moose Lodge construct sidewalks, curbs, and gutters. He mentioned the drainage problems which will be created, but the City is prepared to alleviate this problem. Mr. Pete Tomasovich inquired regarding the width of the sidewalks to be installed. He objected to the 7 and 10 foot width, but was informed that this is fequired by city law. MOTION: Councilman Bickford 'moved that the Council instruct staff to proceed with the requirements stipulated by the bond which has been posted, and that these sidewalks and gutters be installed.' Councilman Donohoo seconded the, motion. Roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, and Mallery NOES: Mayor Giannini Mayor Giannini felt that this width sidewalk was not necessary in this particular area. ' 4 F. 11 MINUTES - MORRO Regular Meeting Page Six RECESS: BAY CITY COUNCIL August 27, 1968 9:29 p.m RECONVENED: 9:39 p.m. B-6 Report of City Engineer on proposed retaining walls on Beach Street Mr. Little reviewed a memo from Mr. Taylor recommending that the city transfer funds budgeted for Harbor Street to this project since only $12,500 has been budgeted and the cost will be approximately $24,000. Discussion was held among members of the Council regarding this transfer of funds. MOTION: Councilman Keiser moved that this matter be deferred to the next Council meeting. The motion was seconded by Councilman Donohoo and unanimously carried. B-7 Report on Morro Bay Boulevard eucalyptus tree Mayor Giannini informed the Council that he had had the tree examined by Dr. Harry Finch, who reported that it was unhealthy and should be removed. Mayor.Giannini also informed the Council that ABLE had withdrawn their:objectibns to the removal'of the tree. He asked a local tree expert, Mr —Lawrence Thomas, to report his findings and recommendations to the Council after he. had examined the tree. Mr. Thomas reported that�he had found active termite work at the bottom, decay and termite work in the top;_and serious decay in the street side above the paving. He also recommended that the tree be removed. Harriet Holeman from ABLE confirmed the withdrawal of their. objection to the removal of the tree, but suggested that the tree be completely removed and that something of a large stature be put in its place. MOTION: Councilman Bickford moved that Layton Tree Service be awarded a contract for the removal of the entire tree, including the stump. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little requested Council approval for the addition of two items to the agenda. MOTION: Councilman Mallery moved that the additional two items be placed on the agenda for consideration by the Council. The motion was seconded by Councilman Donohoo and' unanimously carried. B-8 Appearance of Motel Association regarding placement of (Added) signs Mr..Tex Kurtz, representing the Morro Bay Motel Association, presented drawings of the proposed identification and directional signs which are to be placed south of San Luis Obispo and north MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 27, 1968 Page Seven of Atascadero. He requested a letter from the city to the County Planning Commission authorizing the Motel Association to place these signs on public property. MOTION: Councilman Mallery moved that staff write a letter to the County Planning Commission requesting that the Morro Bay Motel Association be authorized to place two signs of the nature of the sign presented at this meeting. The motion was seconded by Councilman Donohoo and unanimously carried. B-9 Appearance of Mr. Ethan Jennings representing Fairbank Property (Added ) Mr. Jennings reported that the Fairbank property is in bankruptcy and has had an offer from Allen Radford to purchase the property subject to securing a waterfront lease. He requested a resolution from the City Council granting the upland owner a waterfront lease. Councilman Keiser -felt that the Council could not take action on this matter, since the Cit'y'Attorney was not, present. Mr. Jennings was so informed.by the Council. MOTION: Councilman Keiser moved that the Council proceed to the next item of business. The motion was seconded by Council- man Donohoo and unanimously carried. UNFINISHED BUSINESS: C-1 RESOLUTION NO. 50-68. RESOLUTION SETTING TAX RATE FOR 1968-69 FISCAL YEAR FOR GENERAL FUND AND CAPITAL IMPROVEMENT PURPOSES Mayor Giannini reviewed the expenditures facing.the City during the next year and expressed his feeling that the tax rate should remain at the $1.00 figure. Mr. Ludeman, Finance Director „informed the Council that this rate would bring the city $117,000'over what was needed to meet the budget. He further stated that approximately a 15 savings could be realized in fire insurance'if the city improved the water system. Councilman Donohoo informed the Council that he had campaigned on a policy of tax reduction and he was not in favor of leaving the tax rate at $1.00. Councilman Mallery also felt that the tax rate should be reduced. MOTION: Councilman Mallery moved that the city tax rate be set at $ .97. Councilman Donohoo seconded the motion. Roll, call vote: AYES: Councilmen Donohoo and Mallery NOES: Councilmen Bickford,.Keiser, and Mayor Giannini The motion was defeated. • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 27, 1968 Page Eight MOTION: Councilman Keiser moved.to set the city tax rate at $1.00. Councilman Bickford seconded the motion. Roll call vote: AYES: Councilmen Bickford, Keiser,.and Mayor Giannini NOES: Councilmen Donohoo and Mallery MOTION: Councilman Donohoo moved that Resolution No. 50-68 be read by title only. The motion was seconded by Council- man Bickford and unanimously carried. Mr. Little readResolution No. 50-68 by title only. MOTION: Councilman Bickford moved for the adoption of Resolution No. 50-68. Councilman Keiser seconded the motion. Roll call vote: AYES: Councilmen Bickford, Keiser, and Mayor Giannini NOES:' Councilmen Donohoo and Mallery C=2 RESOLUTION NO. 51-68. RESOLUTION SETTING TAX RATE FOR 1968-69 FISCAL YEAR•FOR SEWER BOND REDEMPTION Mr. Little read Resolution No. 51-68 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 51-68. Councilman Keiser seconded the motion. Roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Giannini NOES: Councilman Mallery C-3 RESOLUTION NO. 52-68. RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM PALMER PETERSON TO MARY G. MURRAY Mr. Little read Resolution No. 52-68 in its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 52-68. Councilman Bickford seconded the motion'. Roll call vote: motion unanimously carried. C-4 Maintenance of channel buoys outside city incorporated area Mr. Little informed the Council that•he had contacted Supervisor Kidwell who had informed him that the county has budgeted $300 for the materials for the maintenance and repair of these'buoys. Mr. Little recommended that the city continue the program of furnishing the labor for,the maintenance of these.buoys.. MOTION: Councilman Donohoo moved that the city continue with the maintenance of the buoys for the rest of the fiscal year. The motion was seconded by.Councilman Bickford and unanimously carried.'. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting .August 27,.1968 Page Nine C-5 Proposed lease between city and Clayton Scovell Mr. Little read the lease document in its entirety for the benefit of those present. MOTION: Councilman Mallery moved that the proposed lease between the City of Morro Bay and Clayton E. and Ellen M. Scovell, as tenants, be hereby approved. Councilman Donohoo seconded the motion. Roll call vote: AYES: Councilmen Donohoo, Mallery, and Mayor Giannini NOES: Councilmen Bickford and Keiser NEW BUSINESS: D_1 RESOLUTION NO. 53-68. RESOLUTION SETTING DATE FOR HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE MOTION: Councilman Mallery moved that Resolution No. 53-68 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read'Resolution No. 53-68 by title only. MOTION: Councilman Mallery moved for the adoption of Resolution No. 53-68. Councilman Donohoo seconded the motion. Roll call vote: motion unanimously carried. D=2 Demand of P.G.& E. for payment for parcel of land Mr. Little referred to a letter from P.G.& E. dated August 13, 1968, requesting payment of $3,274.00 for property acquired by the city for the re -alignment of Main Street. MOTION: Councilman Donohoo moved that the Council authorize the payment for this parcel of land. The motion was seconded by Councilman Keiser and unanimously carried. D-3 Approval of sublease of lease site 136: Crill to Skinner MOTION: Councilman Mallery.moved for the approval of the sublease of lease site 136 from Gilbert Crill to Marion C. and Mary E. Skinner. The motion was seconded by Councilman Bickford and unanimously carried'. D=4 RESOLUTION NO. 54768. RESOLUTION APPROVING QUITCLAIM DEED TO COUNTY OF SAN LUIS OBISPO FOR VETERANS MEMORIAL BUILDING PROPERTY MOTION: Councilman Mallery moved that Resolution No. 54-68 be read by title only. The motion was seconded by Council- man Donohoo and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 27, 1968 Page Ten Mr. Little read Resolution No. 54-68 by title only: MOTION: Councilman Donohoo moved for the adoption of Resolution No. 54-68. Councilman Mallery 'seconded the motion. Roll call vote: motion uhanimously'carried.,, D-5 RESOLUTION NO: 55-68. RESOLUTION APPROVINGTRANSFER OF HUGH D. GRAHAM AND MILDRED.L. GRAHAM LEASE TO MILDRED L. CONGER MOTION: ' Councilman Keiser moved that Resolution'No: 55-68 be read by title only. -Councilman Mallery-seconded the motion and it was unanimously carried. Mr. Little read Resolution No. 55.-68 by title only. MOTION: Councilman Keiser moved for the adoption of Resolution No. 55-68. Councilman Mallery seconded the motion. Roll call vote: „motion unanimously carried. CORRESPONDENCE: 1. Letter from the Department of Public, Health, County of -San Luis Obispo,,urging passage of strong policy directed toward the control of waste discharge in bay waters by watercraft of all types and suggesting a meeting between the city representatives and the State Department.of Health and Water Quality Control Board. MOTION: Councilman Mallery moved that this matter be referred to staff and the City Attorney for an opinion and report - back to the next Council meeting. The motion was seconded by Councilman Donohoo and unanimously carried. 2. Letter from the Morro Bay Motel Association expressing thanks to the Police Department for their action which led to the apprehension of people passing stolen money orders. 3. Letter from the District Attorney and a fully executed copy of the Supplemental Police Mutual Aid Agreement. . 4. A copy of the minutes of the Harbors and Watercraft Commission meeting of July 15, 1968. MOTION: Councilman Mallery moved that the correspondence be. filed. The motion was seconded by Councilman Bickford and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL. Regular Meeting August 27, 1968 Page Eleven ADJOURNMENT: MOTION: Councilman Bickford moved that the meeting be adjourned to Tuesday', September 3,'1968, at 7:30 p.m. in the Conference Room of City Hall. the -motion was seconded by Councilman Mailery and unanimously carried. The meeting adjourned at 10:56 p.m. RECORDED BY: M. J. LITTLE, City Clerk By: Carolyn L. 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 Tuesday, August 20, 1968, at 7:30 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider the following matter: 1. Review of Harbor Leases DATED: August 15, 1968 JOSEPH C. GIANNINI, Mayor City of Morro Bay, California B Q.- r ;4 M. J. LITTLE, City Clerk Sent to: Telegram -Tribune A-1 Printers The Sun KATY RADIO KVEC RADIO KSLY RADIO KSBY TV John Sarber Councilmen City Attorney Is MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting August 20, 1968 7:30 p.m. City Hall Conference Room Mayor Giannini called the meeting to order at 7:30 p.m. ROLL CALL: - PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini ABSENT: None Mr. Little. -requested that the Council consider several other items of business before beginning the study of the harbor leases. ITEM 1 - Green -West Acres Mr. Little reported that Mr. Green of Green -West Acres had phoned and cancelled his appointment for Wednesday. Mr. Green had indicated that since the litigation involving the sandspit was not completely settled, he did not have anything to discuss at the present time. However, he would be interested in meeting with Mr. Little after the litigation was resolved. ITEM 2 - Lions' Club Beer Booth Mr. Little informed the Council that the Lions''Club had asked if there were any objections to their setting up a beer booth in the Gayway as they have in past years: The Council indicated that there were no objections to the booth. ITEM 3 - Repaint job for City vehicle Mr. Little stated that the Fire Chief's vehicle is rusting and the Chief has requested that it be repainted -and the color changed to red for easier identification.. MOTION: Councilman Donohoo moved that this request be.denied since this item had,not been included in the budget request for the Fire Department. Councilman Mallery seconded the motion. Unanimously carried. Councilman Mallery indicated that he had tested a product called "liquid galvanize" which -is very effective in stopping rust. He recommended that the City purchase this product, repair the rusted places on the vehicle, and repaint only the repaired spots. ITEM 4 - Vermeullen vs. City of.Morro Bay Mr. Little informed the Council that he had received a letter from the plaintiff's attorney requesting that the claim in the•amount of $77,105.35 be rejected by the City 'since the matter.wa s being handled.by insurance.' MOTION: Councilman Donohoo moved that the Council reject the claim. Councilman Bickford seconded the motion. Unanimously carried. i7 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting' August 20, 1968 Page Two ITEM 5 - Notice of meeting Mr. Little informed the Council that the California Navigation Council, a lobbying group for the Corps of Engineers, had sent a notice of their fall meeting to be held in San Diego on October the 25th; and had asked for written notice of any representation the Council would be sending to the meeting. MOTION: Councilman Bickford moved that the Council indicate to the group that they will send two representatives of the City to the fall meeting., Councilman Keiser seconded the motion. Unanimously carried. ITEM 6 - Assignment of„ Palmer'PetersenIs lease., Mr. Little presented a draft of the.consent of assignment.' .He reviewed, the background of the lease, the permitted uses, and steps which would have to be taken by Mrs. Murray in order to secure permission for the establishment of additional uses. Lengthy discussion was held among members of the Council, Mr. Petersen, and Mrs. Murray regarding the assignment. The Council explained their position in the matter and stated that as trustees of the tidelands, they would adhere to the law regarding permitted uses on the lease sites. Mr. Petersen objected to`the.terms of the consent to assignment which he is required to sign. The Council directed the City Attorney to work out the consent to assignment to the satisfaction of both the City and the persons involved. MOTION: Councilman Bickford moved that staff prepare the appropriate resolution concerning the consent to assignment.of Palmer Petersen's lease to Mary G. Murray and present it at the next regular meeting. Councilman Mallery seconded the motion. Unanimously carried. Councilman Keiser reviewed her feelings that Councilman Mallery was in conflict of interest by taking part in the setting of rental rates for the harbor leases. MOTION: Councilman Keiser moved that the City Attorney give each Councilman a written statement of his decision in the matter of Councilman Mallery's participation in the setting of harbor rental rates. Councilman Bickford seconded the motion. Roll call vote: AYES: Councilmen Bickford, Keiser, and Mayor Giannini NOES: Councilmen Donohoo and Mallery ITEM 7 - Study of the harbor lease sites Mr. Little informed the Council that he had further information to present on each of the harbor lease sites and also presented a price breakdown on adjacent property for information purposes. He informed the Council that the City was not going to be able to get the appraised • P MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting August 20, 1968 Page Three values of this property from the have to use some other.means of County Assessor's office and would determining the fair market value. 1. Golden Tee - Portion of Lease Site'27W Discussion was held relative to the fact that this lease had not been put out for bid and the City Attorney indicated that he would, study the file in depth to ascertain why it was felt that it was not necessary to put this lease outto bid. 2. Union Oil Company - Lease Sites 30W-33W Correspondence of July, 1967,,indicated that this lease has been sub -leased to Mr. Edward V. Doyle since 1962, but the City has no other knowledge regarding the sub -lease. The City Attorney was directed to look into the matter. 3. Wesley E. Mallery - Lease Site'37W Councilman Mallery reviewed the background of that it will come up for re-evaluation within felt that the rent should be increased for the 4. Jordan - Lease Sites 50 & 50W his lease and indicated the next year and he property. Mr. Little informed the Council that this lease site was originally 72 feet wide, but the County had taken some 50 feet for roadway purposes. The file indicates that the rent was to be adjusted, but no documents can be found showing the adjusted amount. However, the Jordans were paying the adjusted rent amount. Also, a City of Morro Bay Business License is issued to Sail, Ltd. at this address, owned by J. Ryland Carter, which is a non -conforming use. 5. Batteiger - Lease Site 51 Mr. Little indicated that this lease site actually has no conforming . uses existing: the single family residence on the site 'is non- conforming. 6. Pipkin - Lease Sites 52 & 52W This lease site has a non -conforming residential use and will require. further study. 7. Sylvester Brothers - Lease Sites 53-56 & 53W-56W Examination of this lease file reveals no problems. Council members indicated their approval of the condition of the improvements on this site. 8. Morro Bay Yacht Club - Lease Sites 61 & 61W MOTION: Councilman Mallery moved that a resolution be prepared changing the permitted uses for lease sites 61 & 61W to "Operation and maintenance of Yacht Club". Councilman Bickford seconded the motion. Unanimously carried. 9. Greene - Lease Sites 62 & 62W Examination of this lease file reveals no problems MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting August 20, 1968 Page Four 10. McGurn - Lease Sites 63, 64, 63W, & 64W Examination of this•lease file reveals no problems. 11. Pierce - Lease Sites 67 & 67W Mr. Little informed the Council that the file does not include a sub -lease to Robert Pyle for Originals Unlimited. Discussion was held regarding the possibility that Mr. Pyle is renting on a month -to -month basis and therefore does not require a sub -lease. MOTION: Councilman Mallery moved that all lessees be required to keep the City Administrator notified of the use of their lease site. Councilman Donohoo seconded the motion. Unanimously carried. 12. deHaven - Lease Sites 68'& 68W Councilman Keiser informed the Council that a snack bar is now in existence on.this lease site,.a use which is non -conforming. Mr.. Little also noted that the residence is non -conforming. 13. Thomas - Lease Sites 69, 70, 69W, & 70W The file does not show a sub -lease to Dean R.,Tyler who.operates the Morro Bay Aquarium on this lease site. . 14. Davis - Lease Sites 71, 72, 71W, & 72W This lease has been recently assigned to Mr. &'Mrs. Davis and presents no problems. 15. Peterson - Lease Sites 74 & 74W Request is being made by Palmer'Peterson for assignment of this lease to Mary G. Murray. 16. Baynham - Lease Sites 75-77 & 75W-77W The fuel dock on this lease site is a non -conforming use. 17. Brown - Lease Sites 78-81 & 78W-81W The Council discussed the fact that this lease expires in 1969 and has no renewal clause; and also the fact that no insurance is required by the original lease. 18. Cabrillo - Lease Sites 82-85 & 82W-85W Examination of this file shows no problems.' 19. Yokum - Lease Sites 86 & 86W Examination of this file shows no executed lease.signed by Mr. Yokum. The file also contains a resolution from the Board of Supervisors directing the District Attorney ,to cancel the lease in 1964. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting August 20, 1968 Page Five The Council discussed in length the feasibility of putting the Golden Tee lease out to competitive bidding at this time. Mr. Little read correspondence relative to this matter and referred to a letter to the City Council from Mr. Kardel citing.examples where bidding was not required in similar cases. Mr. Madden informed the Council that he would discuss this with Mr. Virgil Butler of the State Lands Commission at their forthcoming meeting. ADJOURNMENT: MOTION: Councilman Mallery moved that the meeting be adjourned. Councilman Donohoo seconded the motion. Unanimously carried. The meeting adjourned at 10:25 p.m. RECORDED BY: M. J. LITTLE, City Clerk By: Caro yn Wentzel i Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING August'13, 1968 7:30 p.m. " Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular Meeting of July 23, 1968 2. Special Meeting of July 31, 1968 3. Executive Session of July.31, 1968 4: Special Meeting of August 6, 1968 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 recommendation of'Parks & Recreation Commission on acquisition of P.G.,& E:-•property for community: park B-2 Report of Water Committee on possible well and storage sites B-3 Appearance of Frank Brebes,and representatives from Pierpoint Landing UNFINISHED BUSINESS C-1 Request'for time extension.on painting contract C-2 Resolution abandoning .proceedings for formation of•Improvement District No. 3 C-3 Resolution assigning review of all proposed construction and uses on water lease sites to Planning Commission NEW BUSINESS D-1 Request of Palmer Peterson for assignment of Lease Site 74 and 747W to Mary G. Murray, D-2 Review of improvements required on Romero property . D-3 Review of City group insurance program D-4 Resolution approving plans and specifications and authorizing advertisement for bids for applying bituminous seal.to various: streets (S. S. Project 41) D-5 Resolution approving agreement with Morro Bay Chamber of Commerce, fiscal year 1968-69 D-6 Resolution authorizing execution of stipulation for dismissal.. of action D-7 Resolution setting date and time for hearing on appeal from. Planning Commission action D-8 Review of existing uses and establishment of policy concerning use of Recreation Building ' D-9 Resolution granting a Use Permit to Morro Bay Chamber of Commerce to conduct annual Rock-O-Rama celebration D-10 Review of City program for maintenance of channel buoys outside City incorporated area CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meeting: August 27,-19,68 2. Planning Commission Meeting: August 20, 1968 MINUTES - MORRO BAY CITY.COUNCIL Regular Meeting August 13, 1968 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order:at 7:31 p.m. with the Pledge of Allegiance. Mayor Giannini gave the invocation. ROLL CALL: i PRESENT: Councilmen Donohoo, Keiser, Mallery, and Mayor Giannini ABSENT: Councilman Bickford MINUTES: The minutes of the regular meeting of July 23, the specialmeeting of July 31, the executive session of July 31, and the special meeting of August 6, 1968, were considered by the Council. MOTION: Councilman Mallery moved that the minutes be approved.as written. Councilman Donohoo seconded the motion. Unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION: A-1 City Council (a) Councilman Keiser mentioned the desirability of logging all the boats which enter the Morro Bay Harbor. She felt that it would be advantageous both to the public and to the Corps of Engineers to know the usage of the harbor. She suggested that staff work out a program to log the boats, or at least make a study of the matter. Mr. Little informed the Council that the Harbor Patrolmen were not on duty 24 hours a day and therefore it would be difficult to keep an accurate log. Mr. Stuart suggested that the Coast Guard be con- tacted regarding their participation in the keeping of such a log. MOTION: Councilman Keiser moved that the matter be deferred to - staff for study in finding a plan for logging the boats. Councilman Donohoo seconded the motion. Unanimously carried. (b) Councilman Donohoo reported on the meeting of the San Luis Obispo County & Cities Area Planning Coordinating Council held in San Luis Obispo on August 8, 1968. (c) Councilman Mallery asked authorization from the Council to expand the Airport Committee. He felt that several inter- ested citizens of the community should participate in the.committee. MOTION: Councilman Donohoo moved that the Airport Committee be increased. Councilman Keiser seconded the motion. Unanimously carried. (d) Mayor Giannini complimented Max and Eunice Anders for the beautiful bouquets of dahlias which they had furnished for the meeting. He suggested that staff write a letter of appreciation MINUTES - MORRO BAY CITY COUNCIL - Regular Meeting August 13,1968 Page Two to the E1 Camino Dahlia Society,.especially commending Mr. & Mrs. Anders. • MOTION: Councilman.'Keiser moved that staff write a letter of appreciation to the E1 Camino Dahlia Society. Councilman Donohoo seconded the motion. .._Unanimously carried. (e) Mayor Giannini stated that Mr. & Mrs. Robert Schultz had informed -.him that the Rainbow Girls wished to sell street numbers in the community,as, a group project.'. The Council agreed that this would be advantageous to the community and directed the staff to handle the matter. (f) Mayor Giannini informed -the Council of a,eucalyptus tree located just west of Mor-Mac's Grocery on Morro Bay Boulevard which he felt created a safety.hazard. Doug Stuart reported that Mr. Glenn Layton of Layton Tree Service had examined the tree and had indicated that it was invaded with termites and decay, and generally was in a weakened condition., Mr. Layton recommended that the tree.be removed and quoted prices for the removal work ranging from $270 to $734, depending on the extent of the work done. Mr. Stuart. suggested that the City pay Layton Tree Service the $270 for cutting the tree down and use City personnel to do the removal work. MOTION: Councilman Mallery.moved that the City hire Layton Tree Service to cut the tree down and use City personnel to handle the work of removal. Councilman Donohoo seconded the motion. Unanimously carried. A-2 City Attorney Mr. Madden indicated that he had nothing to present to the Council at this time. A-3 City Administrator (a) Mr. Little presented the Expenditure Report for the.period July 16 through'July.31, 1968. MOTION: Councilman Donohoo moved for approval of the Expenditure Report for the period July 16 through July 31, 1968.' Councilman:Mallery seconded the motion. Unanimously carried. (b) Mr. Little read a memorandum from the Fire Chief regarding the pay schedule for volunteer fireman. He 'asked for Council approval for the continuance of the program whereby' .funds are paid once each year directly to the Morro Bay Firemen's.Association which, in turn, pays the individual firemen. MOTION: Mayor Giannini moved that the City continue with this program for payment of volunteer firemen.' Councilman Keiser seconded the.motion. Unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August.13; 1968 Page Three HEARINGS, APPEARANCES, AND REPORTS:: B-1 Report and recommendation of*Parks& Recreation Commission on acquisition of P.G.&E. property for community park Mr. Little read the report and recommendation of the Parks and Recreation Commission asking that Council enter into negotiation with P.G.& E. for the purpose of obtaining property for a park. MOTION: Councilman Keiser moved that the.Council accept the recommendation of the Parks & Recreation Commission and. that staff.be advised to enter into negotiation with, P.G. & E. for the purpose of obtaining said property for use as a community park with the longest possible terms and with the most favorable terms of use. -Council- man Donohoo seconded the motion. Unanimously carried. B-2 Report of Water Committee on possible well and storage sites Mayor Giannini stated that the water situation was an acute problem and recommended that the Council act on this matter as soon as possible. He informed the Council- that the Water Committee was working on possible acquisition of land for well -sites, but was not prepared to report on this particular phase'of the program at this time. Doug Stuart displayed a map of the General Plan Principal Water Facilities of the Fiscal Year 1985 as prepared by Koebig and Koebig and explained the proposed facilities shown on the map. He stated that the greatest need is a larger storage supply in the immediate area serving the downtown and south side of the City. He reviewed costs for these proposed storage reservoirs. Mayor Giannini stated that the City pumping systems are working to. capacity and a breakdown'in any one well will be serious.. He informed the Council that Mr. Domenghini has indicated that he would donate property for this project. MOTION: Mayor Giannini moved that staff be authorized to study the exact costs involved in this program and to report back to the Council as quickly as possible. Councilman Mallery seconded the motion. Roll call vote: unanimously carried. B=3 Appearance of Frank Brebes and representatives from Pierpoint Landing Mr. Grayson of Pierpoint Landing informed the Council that they had an option to purchase Mr. Brebes' business contingent on his obtaining a.permit to operate sport fishing facilities, and as of January 1, 1969, they would take over all of Mr. Brebes' business. He mentioned the parking problem involved and informed the Council. that Mr. Brebes has made arrangements to lease a piece of property on the waterfront for this.purpose. Mr. Little informed Mr. Grayson that a City business license was contingent on the proper parking facilities and he felt that'this proposed business and parking area should be subject to Planning Commission review. 6 MINUTES - MORRO Regular Meeting Page Four. BAY CITY COUNCIL August 13, 1968 UNFINISHED BUSINESS: C-1 Request for time extension, on -painting contract Mr. Little read a memo from Mr. ,S;tuart requesting that the 60-day limit for completion of the water tanks by Mr. Paul Carver be extended for an additional 45 days. ' MOTION: Councilman Mallery moved that.the Council accept Mr: Stuart's recommendation. Councilman,Donohoo seconded the motion. Unanimously carried. C-2 RESOLUTION NO. 43-68. RESOLUTION ABANDONING PROCEEDINGS FOR THE FORMATION OF IMPROVEMENT DISTRICT NO. 3,:CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA MOTION: Councilman Mallery moved that Resolution.No. 43-68 be read by title only. .Councilman Donohoo seconded the motion. Unanimously carried. Mr. Little read Resolution No. 43-68 by title only. MOTION: Councilman Mallery moved that Resolution No. 43-68 be adopted. ,Councilman Keiser seconded.the motion. .Roll call vote:.. unanimously carried. C-3 RESOLUTION NO. 44-68. RESOLUTION.ASSIGNING REVIEW OF ALL PROPOSED CONSTRUCTION AND USES ON WATER LEASE SITES TO PLANNING COMMISSION Mr. Little read Resolution No. 44-68 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 44-68. Councilman'Mallery seconded the motion. Roll call vote: unanimously carried. NEW BUSINESS: D-1 Request of Palmer Peterson for assignment of Lease Site 74 and 74W to Mary G. Murray Mr. Little read a letter from Palmer Peterson requesting approval of an assignment of his lease to Mrs. Mary G. Murray. He stated that the proposed uses under the assignment were permitted uses for that particular lease site. Councilman Mallery felt that the problem involved was the fact that the Council wanted to eliminate the uses of lease sites for strictly residential purposes. He felt that the City should consider this matter and determine if this property was being used as primarily a residence or as a legitimate business operation. Mr. Madden suggested that this matter be held over until the next meeting when he would present an opinion on the matter. Councilman Mallery stated that a residential usage as a part of a legitimate business lease is allowed, but a business which is a front for a residence is not proper and the Council is going to have -to make a determination on this problem. MINUTES - MORRO BAY CITY COUNCIL• Regular Meeting August,13, 1968" Page Five MOTION: Councilman Mallery moved that staff be directed to make a study of this'particular lease site to determine whether this is going to be a proper use for this site and report back to the Council. Councilman Keiser seconded the motion. Unanimously carried. . Mr. Petersen stated that the lease site'was a residence when he bought it and he converted it into a.business use. He resented the implication that he is selling this property as a residence. Mrs. Murray stated that she has run a successful waterfront business in another state and this is her intention for this property. Councilman Mallery stated that the tidelands grant was highly restrictive in its usages and the City has to administer the trust according to the state legislature. It is the desire of the Council to make clear the permitted uses for the waterfront property. D=2 Review of improvements required on Romero property Mr. Little suggested that in order to alleviate the sluffing off of the driveway on the Romero property, the Public Works Department be authorized to fill a sloping bank alongside the driveway and to con- struct a rail fence from the driveway turning into the Romero property to the most westerly side of the City well site at an estimated cost of $200.00. MOTION: Councilman Mallery moved that the Department of Public Works be authorized to proceed with this project, including the construction of.an unpainted fence and the necessary chipsealing. Councilman Donohoo seconded the motion. Unanimously carried. D-3 Review of City group insurance program Mr. Little suggested that a committee be appointed to study the City accident and health insurance program. MOTION: Councilman Donohoo moved that a committee be appointed to gather the necessary information. Councilman Keiser seconded the motion. Unanimously carried. D-4 RESOLUTION NO. 45-68. RESOLUTION APPROVING PLANS AND SPECIFI- CATIONS AND AUTHORIZING ADVERTISEMENT FOR BID FOR APPLYING BITUMINOUS SEAL TO VARIOUS STREETS IN THE CITY OF MORRO BAY (S.S. PROJECT NO. 41)•' 1 MOTION: Councilman Donohoo moved that Resolutionn,No.'45-68 be read by title only. Councilman Mallery seconded the motion. Unanimously carried. Mr. Little read Resolution No. 45-68 by title only.. MOTION: Councilman Mallery moved for the adoption of Resolution No. 45-68. Councilman Donohoo seconded the motion. Roll call vote: unanimously carried: y e • C7 MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL August.13, 1968 D-5. RESOLUTION NO. 46-68. RESOLUTION APPROVING AGREEMENT WITH MORRO BAY CHAMBER OF COMMERCE, FISCAL YEAR 1968-69. MOTION: Councilman Donohoo moved that Resolution No. 46-68 be read by title only. Councilman Mallery seconded the motion. Unanimously carried. Mr. Little read Resolution No. 46-68 by title only. MOTION: Councilman Mallery moved for the adoption of'Resolution No. 46-68. Councilman Donohoo seconded the motion. Roll call vote: unanimously carried. D-6 RESOLUTION NO. 47-68. RESOLUTION'AUTHORIZING.EXECUTION OF STIPULATION FOR DISMISSAL OF ACTION MOTION: Councilman Keiser moved that Resolution No. 47-68 be read by title only. Councilman-Donohoo seconded the, motion. Unanimously carried. Mr. Little read Resolution No..47-68 by title only. MOTION: Councilman Mallery moved for the adoption of Resolution No. 47-68. Councilman Keiser seconded the motion. Roll call vote: unanimously carried. D-7 RESOLUTION NO.,48-68. RESOLUTION SETTING DATE AND TIME FOR PUBLIC HEARING ON APPEAL FROM PLANNING COMMISSION ACTION. Mayor Giannini asked the reason for this appeal. He was informed that this information would come out.at the`hearing and was not pertinent to this meeting. Mayor Giannini'felt that since norone had protested this at the Planning Commission hearing, someone should state a reason for the appeal. Mr. Little reviewed the provisions in the;Zoninq'Ordinance relative to an appeal of Planning Commission action. Councilman Keiser asked if the proper notification was given.for the Planning Commission hearing. Mr. Little informed the Council that this was conducted strictly in accordance with the requirements of the ordinance. Mr. Little read Resolution No. 48-68 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 48-68. Councilman Mallery seconded the motion. Roll call vote: unanimously carried. D-8 Review of existing uses and establishment of policy concerning use of Recreation Building. Mr. Little reviewed the background of the building and stated that this building was deeded to the City upon incorporation with the understanding that it would be used for community and youth activities and each use of the building was renewable each year. He reviewed the extensive uses to which the building is now being used and stated that the City Council has already indicated that they do not wish to allow any additional uses in the future: He felt it was time the MINUTES - MORRO BAY CITY COUNCIL . Regular Meeting August 13., 1968_ Page Seven Council made a determination of.how the building'shall be used,., who shall use it, whether these uses should be issued each year, and if insurance should be furnished.- He.read a letter from W. H. Newman of the San Luis Coastal'Unified School District relative to the use of the building by the nursery school. He stated that one of the problems involved was�the lack of storage space. Councilman Keiser stated that the nursery school uses this building from 9:00 a.m. to 12:00-'p.m. five days a week and requires storage space which is needed by the City_. Also, the playground equipment is substandard, the plate glass in the front of the building is a hazard to the children, and the.school has -refused -to furnish the' City with an insurance policy naming the City' a6 additionally insured. She felt that the City should•have'top priority in the usage of the building. Mrs. Harriet Payne spoke in favor of the City allowing the,nursery school to continue to use the building. Councilman Donohoo stated that the Finance Committee had come up. with a breakdown of the cost of maintaining the building for the school and these costs amounted to about $25.00 per week. He stated that the Police Department has received numerous complaints of children climbing over the fence and using the playground equip- ment when the building is'not in use. ' MOTION: Councilman Donohoo moved that the City notify the nursery school.authorities that the City•is.no•'longer in a position to furnish this building for school purposes. Councilman Keiser seconded the motion. Roll call vote: unanimously carried. Lengthy discussion was held among the members of the Council.and the audience regarding this matter.. Mr. Little suggested that the Council set tip a study session on..the. . uses of the Recreation Building. Councilman Mallery stated that there were other people who are probably going to be denied the use of this building when the Council determines a priority policy at a'fiture date. D-9 RESOLUTION NO. 49-68. RESOLUTION GRANTING A USE PERMIT TO MORRO BAY CHAMBER OF COMMERCE TO CONDUCT ANNUAL-ROCK-O-RAMA CELEBRATION MOTION: Councilman Donohoo moved that Resolution No. 49768 be read by title only. Councilman.Mallery seconded the' motion. Unanimously carried. Mr. Little read Resolution No. 49-68 by title only. MOTION: Councilman Mallery moved for the adoption of Resolution No. 49-68. Councilman Keiser seconded the motion. Roll call vote: unanimously carried. D-10 Review of City program for, maintenance of channel buoys outside City incorporated area { It MINUTES - MORRO BAY CITY.COUNCIL Regular Meeting August 13, 1968 Page Eight Mr. Little stated that a certain number of buoys in the Morro Bay Harbor were maintained by the U. S. Coast Guard and a number were located outside of the incorporated limits of the City and are maintained by the City even though they actually belong to the County. MOTION: Councilman Mallery moved that the City Administrator be authorized to contact Supervisor Kidwell to see if negotiations can be worked out with the County for the maintenance of these buoys. Councilman Keiser seconded the motion. Unanimously carried. CORRESPONDENCE: 1. Annual audit by Milton Wileford, City Auditor 2. Letter from Burt Talcott.regarding the County auto graveyard 3. Motion from the Board of Supervisors referring Morro Bay's request for ambulance service to the District Attorney for preparation of a Joint Powers Agreement 4. Letter from Morro Bay Motel Association requesting a noise abatement ordinance 5. Copy of Agenda of,Fish and Game .Commission meeting.of August 23, 1968 6. Copy of Agenda of Harbors and Watercraft,Commission meeting of August 19, 1968 7. News release relative to Corps of Engineers dredging operations in Morro Bay Harbor 8. Letter from State Board of Equalization regarding the revised 1968-69 Cigarette Tax'Revenue Estimate 9. Letter from Betty Pollock.,announcing street parade and urging the Council's participation in a float 10. Letter from Wayne Bubar announcing the Rock-O-Rama 11. Unsigned letter commending the work of the Police Department MOTION: Councilman Mallery moved that the correspondence be filed. Councilman Donohoo seconded the motion. Unanimously carried. Mayor Giannini asked the Audit and Finance Committee to study the City's group insurance plan. He appointed Councilman Keiser and himself to work on the committee to study the use of the Recreation Building. ADJOURNMENT: MOTION: Councilman Mallery moved to adjourn the meeting until 7:30 p.m., August 30, 1968, in the City Hall Conference Room. Councilman Donohoo seconded the motion. Unanimously , carried. The meeting adjourned at 10:03 p.m. RECORDED BY: M. J. LITTLE, City Clerk By: Caro n L. Wentzell Deputy City Clerk 7 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a Special Meeting on Tuesday, August 6, 1968, at 4:00 p.m. in the Conference Room of City Hall, 595 Harbor Street, Morro Bay, California, to consider the following matter: 1. Personnel DATED: August 2, 1968 JOSEPH C. GIANNINI, Mayor City of Morro Bay, California. By:/ 7 M. 4vT. L-rTTLE, City Clerk 0 MINUTES - MORRO BAY CITY COUNCIL Special Meeting August 6, 1968 4:00 p.m. City Hall Conference Room Mayor Giannini called the meeting to order at 4:00 p.m. PRESENT: Councilmen Donohoo, Keiser, Mallery, and Mayor Giannini ABSENT: Councilman Bickford MOTION: Councilman Donohoo moved to adjourn to executive.session to consider personnel matters. Councilman Mallery seconded the motion. Unanimously carried. The meeting adjourned to executive session at 4:10 p.m.'and re- convened at 5:05 p.m. MOTION: Councilman Keiser moved to adjourn the meeting. Councilman Donohoo seconded the motion. Unanimously carried. The meeting adjourned at 5:10 p.m. RECORDED BY: M. LITTLE, City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a Special Meeting on Wednesday, July 31, 1968, at 7:30 p.m. in the Conference Room of City Hall, 595 Harbor Street, Morro Bay, California, to consider the following matters: 1. Review of Harbor Lease Sites and Leases 2. Tidelands Litigation Dated: July 26, 1968 JOSEPH C. GIANNINI, Mayor City of Morro Bay,,Zglifornia By: Sent to: Telegram -Tribune A-1 Printers The Sun KATY RADIO KVEC RADIO KSLY RADIO KSBY TV John Sarber b . Q/LITTLE, City Cle MINUTES - MORRO BAY CITY COUNCIL Special Meeting July 31, 1968 7:30 p.m. City Hall Conference Room Mayor Giannini called the meeting to order at,7•:34 p.m. ROLL CALL: ., - PRESENT: Councilmen Donohoo, Keiser, Mallery, and Mayor Giannini ABSENT: Councilman Bickford ITEM 1 -- Review of Harbor Lease Sites and Leases Mr. Little informed the Council that he had prepared a complete map showing all the harbor lease sites.. He explained each site.in detail, reviewing the lessee, date of lease, term of lease, appraisal, rent, and approved usage. He mentioned some of the many problems involved in these leases. Councilman Mallery inquired as to the difficulty involved in getting the rental money which has-been paid into escrow by the litigants'in the Pipkin case out of escrow and into the City•treasury. Mr. Madden informed the Council that the City could take steps immediately to get the money transferred. Mayor Giannini mentioned several problems occurring on the harbor lease sites; namely, homes on the waterfront -where strictly residential usage is prohibited, the Pierpoint dock and parking area, and the matter of bidding on.lease sites. Councilman Mallery expressed his opinion that bids were necessary in order to grant leases. He was informed by the City Attorney that bidding was required by State law. Discussion was held among the members of the Council and the City Attorney regarding the clause written into the leases calling for a review within 5 years with respect to the appraised value of the lease site. Mayor Giannini felt the.Council should study in depth the problem of residences on the waterfront which are in violation of the trust. He inquired if these leases could be revoked without causing the City to become involved in•more litigation. Mr. Madden stated that the law clearly establishes rental uses and that staff could review the entire leasehold area and determine what Council's policy is going to be. Councilman Mallery stated that it was going to be a decision of the Council a's to what ultimate action is taken. Discussion was held as to what action should be taken in this matter. Mr. Little felt that the Council should start with the basic law and find out exactly what the City's responsibilities are and then fulfill these responsibilities. Mr. Madden stated that the leases.in existence were probably valid and any tidelands lease has to be subject to the tidelands law of California. He stated that there were penalties in the law to enforce compliance with the terms of any proper lease. He felt an in-depth review was very necessary and worthwhile. He stated that all rental sites were going to be based on a fair market value of the land and suggested a fixed rental which would be re-evaluated every five years. • MINUTES - MORRO BAY CITY COUNCIL Special Meeting July 31, 1968 Page Two Councilman Mallery felt the Council was going to have to set a minimum percent of appraised value for rental rates before adopting other policies. MOTION: Mayor Giannini moved that the City write'letters to the people asking for the escrow rental money. Councilman Mallery seconded the motion. Unanimously carried. Mayor Giannini felt that the Council should come up with some definite policy concerning the residences on the waterfront. He expressed a desire to set up some guidelines on this matter. Councilman Keiser felt the City should inform the people that they were in violation of their lease by maintaining primarily residential uses on the waterfront land. Councilman Mallery felt the City Attorney would have to give the Council some legal basis to do this before any action could be taken. Mr. Little suggested that staff start an accurate compilation of lease site material similiar to the one presented at this meeting, but with much more information: He.felt it would be in order to have pictures of the sites'shoiving evidence of any violations. Mayor Giannini was in favor of leaving the rental rate at 68 of the appraised value as it was with the _County: He was in favor of low water rates in order to'promote the development of marinas on.the waterfront. He felt the proposed rate of 12fi a.foot for water leases was much too high. r Lengthy discussion was held regarding rental rates to be charged on the tidelands property. Councilman Mallery felt that the City could not arbitrarily set a rate of 6%. He felt the City should have some guideline§ whereby the rentals would increase as the value,increased. He was'not in favor of penalizing the smali businessmen who contribute important services to the area. Mr. Little felt that before the Council could set a definite rental rate, they must determine what is a.fair market value for the water- front property. He recommended that the City do some. research work into what the County uses as fair market value. Mr. Madden recommended that the City find out what information is available from the County Assessor's office and make use of this information. Councilman Mallery felt that 68 was a fair price._ He felt the Council should definitely set a figure for rental rates. MOTION: Mayor Giannini moved that the City set the rental rates for waterfront property at 68 per year of the current appraised fair market value as established by the County Assessor. Councilman Mallery seconded the motion. Roll call vote: AYES: Councilmen Donohoo, Mallery, and Mayor Giannini NOES: Councilman Keiser ABSENT: Councilman Bickford MINUTES - MORRO BAY CITY COUNCIL Special Meeting July 31, 1968 Page Three Mr. Little asked the Council for a policy on the existing lease sites that have been issued recently under the proposed rental schedule since the rent has now been set at•68. Mayor Giannini felt that the City should refund the difference. He also felt that the leases issued by the City should be put out to bid since this is the State law. , Discussion was held regarding the leases which have been issued without bidding and the feasibility of putting these leases out to bid since they have now been at least partially developed. Council also discussed the feasibility•of granting water leases to people who have no land access to the water. Mr. Little felt that land access was a prime necessity in the granting of water leases. Mayor Giannini mentioned the problems which could be caused by one individual or corporation monopolizing the waterfront:'. He felt that lease sites should be limited as to size. Councilman Mallery felt if the lease sites were going to be limited in size, the Council must be careful not to change the'use on the lease sites. The Council discussed the lease site held by W. C. Brown which expires in 1969 and has no renewal clause. Councilman Mallery was concerned about'the City allowing a few big businesses to be in control of most of the waterfront property. He was also in favor of maintaining smaller lease sites. ITEM 2 -- Report on Tidelands Litigation' ` MOTION: Councilman Mallery moved to adjourn the meeting to executive session to discuss this item. Councilman Donohoo seconded the motion. Unanimously carried. The meeting adjourned to executive session at 10:28 p.m. and re- convened at 11:10 p.m. MOTION: Mayor Giannini moved that the special meeting be adjourned. Councilman Donohoo seconded the motion. .Unanimously carried. The meeting adjourned at 11:10 p.m. RECORDED BY: M. J. LITTLE, City Clerk By:' Carolyn L. Wentzell Deputy City Clerk 46 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a PUBLIC HEARING on Tuesday, July 23, 1968, at 7:30 P. M., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the following: 1. Proposed amendment to the Zoning Ordinance of the City of Morro Bay for the re -definition of "Family" and inclusion of restricted resthome uses in residential areas; at which said PUBLIC HEARING any person may appear and express his views for or against or in modification of said request. Dated: July 8, 1968 JOSEPH C. GIANNINI, Mayor City of Morro Bay, CA14fo Lo CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING July 23, 1968 7:30 P. M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular Meeting of July 9, 1968 2. Executive Session of July 9, 1968 3. Adjourned Regular Meeting of July 12, 1968 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator HEARINGS, APPEARANCES, AND REPORTS B-1 Hearing on proposed amendment to Zoning Ordinance UNFINISHED BUSINESS C-1 Use of City Vehicles C-2 Appointment of Purchasing Officer for City C-3 Resolution requesting Joint Powers Agreement with County for emergency ambulance service NEW BUSINESS D-1 Formation of Improvement District for Dawson Street D-2 Purchase of restrooms for City Pier area D-3 Memo from D. M. Stuart regarding possible water well site. D-4 Consideration of water -user poll to determine information on water softener and bottled water use D-5 Review of Planning Commission responsibilities in harbor development D-6 Review of City and Moose Lodge responsibilities resulting from abandonment of Improvement District No. 3 proceedings CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meetings: August 13 and 27, 1968 2. Planning Commission Meetings: August 6 and 20, 1968 n MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 23, 1968 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:33 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 July 9,'the executive session of July 9, and the adjourned regular meeting of July 12, 1968 were considered by the Council. Mayor Giannini asked if there were any corrections or additions to be made to said minutes. Councilman Donohoo asked that'item (c) on page 2 of the regular meeting of July 9, 1968 under City Council be changed to read "that substantial engineering work had been completed" instead of "completion of the work". MOTION: Councilman Mallery moved that the minutes be approved as corrected. Councilman Donohoo seconded the motion. Unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION: A-1 City Council (a) Councilman Mallery reported on the meeting with the State Lands Commission in:Sacramento which he and Councilman Donohoo had attended with the City Attorney. One'of the topics under discussion had been lease renewal'. He mentioned the fact that Sacramento.had set the same W rental charge on prime waterfront land on the Sacramento River that Morro Bay, is charging for waterfront land. (b) Councilman Keiser asked the City Administrator to report' on the meeting of the Harbors and Watercraft Commission which they had attended in Santa Barbara on July 15, 1968. Mr. Little reported that the Commission had reviewed reports from various cities on the progress of projects for which the Commission had made grants or loans. He also informed the Council that several Commissioners had indicated that they would like to hold a meeting in Morro Bay. He suggested possible meeting dates and requested Council approval before issuing invitations. MOTION: Councilman Keiser moved that the Council direct staffto invite the Harbors and Watercraft Commission to hold their November meeting in Morro Bay. Councilman Mallery seconded the motion. Unanimously carried. (c) Mayor Giannini informed the Council that he had made a tour of the lots within the City that have been cleaned and cut. He reported that there was debris that should be removed while the grass is low and suggested that the City start a clean-up program to take care of this problem. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 23, 1968� Page Two MOTION: Councilman Donohoo moved that staff be authorized to look into this situation and take care of the necessary arrange- ments. Councilman Keiser seconded the motion. *Unanimously carried. (d) Mayor Giannini indicated his concern over airport facilities for Morro Bay. He stated that a study had been made during the past year and inquired as to the progress which had been made. Councilman Mallery stated that the problem involved was the acquisition of property. He reviewed procedures that must be followed and possible locations that could be considered for.the airport. He felt that potential sites should be selected, financing should be investigated, and proceedings should be started. Discussion was held among the members of the Council regarding air- port facilities for Morro Bay. Mr. Ned Rogoway, Planning Director, informed the Council that a report had been started regarding practical implementation of property and the necessary steps to be taken in order.to secure funds.for the airport. He stated that the report will be presented to the,Council at a later date. (e) Mayor Giannini stated that he would like to appoint'a member of the Council as a representative to the Channel Division, of the League of California Cities. He appointed Councilman Keiser to the - committee. (f) Mayor Giannini indicated that he would like to have a letter written to Art Delgado expressing the City'.s appreciation for his service and his activities with the young 'people of the community. MOTION: Councilman Keiser moved that letter of appreciationato Art the City. Councilman Mallery Unanimously.carried.. ., A-2 City Attorney staff be directed to write a Delgado for his services to seconded the motion. (a) Mr. Madden reported onthe meeting of the State Lands Commission held in Sacramento on July the '17th. He informed the Council that the County had sent to the District Attorneys, Office a resolution in support of the City's Final Settlement Agreement with the State. The . resolution had passed and copies will be sent to his office. He stated that this was the last;of'the preliminary steps to be taken in finalizing the City -County litigation. He felt the City was making definite progress towards terminating the pending litigation. The next step will be to -dismiss one of the cases and the consolidation of the two major cases. (b) Mr. Madden informed the Council that he was awaiting certain information which he had requested from the local papers before making a decision on the request by the Bulletin for legal advertising. A-3 City Administrator, (a) Mr. Little requested permission by minute order to renew a Use Permit to Virgil Moores for floating bait tanks. The current permit expires on August 31, 1968 and he asked that it be renewed for an additional year. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 23, 1968 Page Three MOTION: Councilman Mallery -moved to renew ;the.Use Permit to Virgil Moores for an additional year. Councilman Donohoo' seconded the motion. Unanimously carried. (b) Mr. Little presented the bill from -Title Insurance and Trust Company and recommended payment of the balance due of $8,831.25. MOTION: Councilman Mallery moved that the balance of $8,831-25.be paid to Title Insurance and Trust Company. Councilman Keiser seconded the motion. Unanimously carried. (c) Mr. Little presented the Expenditure Report for the period July 1, 1968 through July,15, 1968 for the Council's approval. MOTION: Councilman Donohoo.moved tha"t the•Expenditure. Report for the period July 1,'1968 through July 15,'1968 be approved. Councilman Mallery seconded the motion. Unanimously.* carried. HEARINGS, APPEARANCES, AND REPORTS: B-1 Hearing on proposed amendment to the Zoning Ordinance Mr. Ned Rogoway stated that the Planning Commission had received a request from representatives from the Welfare Department regarding the lack of accomodations in -Morro Bay for elderly people. The letter indicated that there were a number of homes that would be made available to these people if the Zoning Ordinance would allow. this. The Planning Commission felt that it would be advisable to consider the possibility of amending the Zoning Ordinance to allow certain residential areas to accomodate this type of occupancy. However, they felt these uses should be restricted. The recommendations of the Planning Commission include: (1) A change of the definition of "family" to include not more than two unrelated persons, and (2) , Allowance of resthomes in residential areas provided that they were restricted to a certain limited number of people. R-A zoning would include resthomes as an allowed use without limitation. However, this would be under a Conditional Use Permit. R-1 zoning would allow rest - homes providing they are limited to one family consisting of no more than two unrelated persons. R-2 and R-3 zoning would allow resthomes limited to one family per unit. This plan is recommended by the. Planning Commission for adoption based on the opinion that this would, alleviate the deficiency that is claimed by the various agencies in the County. ' Councilman Keiser was not in favor of opening -the R-1 areas to small ' resthomes. She felt other zoning could be used for this purpose. Councilman Donohoo agreed. Councilman Mallery also felt that the City should not allow this use in R-1 areas since there was enough R-3 and R-4 property available for this use. He was not convinced that the City needs more resthomes. Mr. Rogoway stated that the Welfare Department recognized that most of the welfare people are actually in substandard units and their object is to get them into higher quality environments.' He informed the Council that this use would be subject to a Conditional Use Permit. Discussion was held among the members of the Council regarding the feasibility of this amendment. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 23, 1968 Page Four Mayor Giannini felt that the Council should give serious consideration to this matter. He felt that this would be a more advantageous way for old people to live in a small family dwelling and he also felt that a Conditional Use Permit would allow the City enough regulation. He declared the hearing formally open and asked for comments from the audience. There being none, he declared the hearing closed. MOTION: Councilman Keiser moved that the hearing be continued on August 27, 1968. Councilman Donohoo seconded the motion. Unanimously carried. B-2 Appearance of Palmer Peterson and M. L. Murray regarding a - (Added) lease site use Mayor Giannini informed the Council that Mr. Murray wished to operate his 63' fishing boat in sport fishing operations from Mr. Peterson's lease site; however, this was not an allowed use according to the present lease agreement. Mr. Little reviewed the conforming uses.for this site and stated that the site was only approximately.50' wide and the slips presently on the lease site were finger slips which would not allow parallel anchorage of a boat such as Mr. Murray's.. MOTION: Councilman Keiser moved that this matter be referred to the Planning Commission for study and report back to the Council. Councilman Mallery seconded the motion.Unanimously carried. UNFINISHED BUSINESS: C-1 Use of City Vehicles Mr. Little reviewed his'revised memo to the City Council dated July 23, 1968. MOTION: Councilman Donohoo moved that the'Council approve the regulations as submitted by the City Administrator as of July 23, 1968. Councilman Mallery seconded the motion. Unanimously carried. C=2 Appointment of Purchasing Officer for the City'. MOTION: Councilman Donohoo moved that'the':Council appoint the City Finance Officer, Mr. Carl Ludeman, as City Purchasing Officer. Councilman Keiser seconded the motion. Unanimously carried. C-3 RESOLUTION NO. 41-68. RESOLUTION REQUESTING BOARD OF SUPERVISORS TO FORMULATE JOINT POWERS AGREEMENT BETWEEN COUNTY SERVICE AREA NO. FIFTEEN AND THE CITY OF MORRO'BAY FOR EMERGENCY AMBULANCE SERVICE. Mr. Little read Resolution No. 41-68'in its entirety. - MOTION: Councilman.Keiser moved for the adoption of Resolution No. 41-68. Mayor Giannini seconded the motion. Roll call vote: AYES: Councilmen Donohoo, Keiser, and Mayor Giannini NOES: Councilman Mallery MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 23, 1968 Page Five ABSENT: Councilman Bickford C-4 RESOLUTION NO. 42-68. RESOLUTION APPROVING GRANT OF USE PERMIT TO FRANK AND NAOMI L. BREBES FOR WATERS ADJACENT TO LEASE SITE 102-W. Mr. Little read Resolution.No. 42-68 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 42-68. Councilman Keiser seconded the motion. Unanimously carried. Discussion was held among members of the Council and the City Attorney regarding the possibility of litigation developing as a result of the sale of a lease site. NEW BUSINESS: D-1 Formation of Improvement District for Dawson Street Mr. Little reviewed the steps taken in order'to initiate water service for this area. He requested tenative approval for proceeding with the formation of an improvement district for this area. The projected cost for water service would be $3,500, and -the majority of property owners in this area have signed a petition in favor of this project., Mr. Madden suggested an alternative method of a Refund Agreement to a group of property owners who would be willing to undertake the financing and it would be done at cost plus the City overhead for the engineering work. Council members indicated that they were in favor of this procedure. MOTION: Councilman Mallery moved that the City Attorney be authorized to look into this type of alternative plan and report back to the Council at the next regular meeting with the idea that if this was not feasible, an improvement.district.could be formed. Councilman Donohoo seconded the motion.. Unanimously carried. D=2 Purchase of Restrooms for City Pier Area Mr. Little referred to a sketch and specification sheet before the members of the Council. He stated that $2,800 had been budgeted for this project but this did not include the installation costs. MOTION: Councilman Mallery moved that $3,000 be authorized for this project. Councilman Keiser seconded the motion. Unanimously carried. D-3 Memo from D. M. Stuart regarding possible water well site Mr. Little read the memo for the benefit of those present.' He suggested that the Water Committee study this matter to determine if the money necessary to test drill for water would be worthwhile. D=4 Consideration of water -user poll to determine information on water softener and bottled water use Councilman Mallery reviewed the problems involved in securing.enough water for the City's future needs. He stated that this form would be • 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 23, 1968 Page Six very helpful to the Council and staff by showing how much money is being spent for water other than the actual water bill. MOTION: Councilman Mallery moved that staff print the sample form and mail to the water users.of the City of Morro Bay.. Councilman Donohoo seconded the motion. Unanimously carried. D-5 Review of Planning Commission responsibilities in harbor development Mr. Little informed the Council that there has been some question on the part of the Planning Commission regarding'their responsibilities in the area beyond the revetment line on the waterfront.' He suggested that the Council consider making the Planning Commission responsible for review and granting of Use Permits for all construction on the water lease sites of the City. He recommended approval by motion or resolution to assign all the review work to the Planning Commission. MOTION: Councilman Mallery moved that staff prepare a resolution assigning all review work on the waterfront to the Planning Commission. Councilman Donbhoo,seconded the motion. Unanimously carried: D-6 Review of City and Moose Lodge responsibilities resulting from the abandonment of Improvement District. No. 3 proceedings Mr. Little reviewed the problems which have developed since Improve- ment District No. 3 was abandoned:, (1) The Moose Lodge,,who'aotually' started the district in 'order to get"improvements, still.have a $2,100 bond posted with the City for installation of'sidewalks, curbs, and gutters. (2) Mr. & Mrs. Feree Pierce have deeded property to the City in order to straighten out Main,Street with the agreement. that the City was to -give them some $530 worth of curbs, gutters, and sidewalks. (3.) Also, the City has acquired property from P. G. & E. and agreed to install $3,274 worth of improvements in exchange. Mr. Little informed the Council that if the Moose Lodge installed their own improvements it would cause a drainage problem for the whole area. He stated that he would meet with .the City. Engineer and submit a full report at the•next meeting. No official action was taken at this time. CORRESPONDENCE: 1. Letter from the Loyal Order of Moose expressing their appreciation for the City's cooperation in allowing their benefit circus to perform under an exemption permit. Council was presented with free tickets to the circus. 2. Letter from David Baxter expressing gratitude to the Harbor Department for assistance rendered to him in refloating his yacht.. 3. Letter from Mrs. C. 0. Young regarding the condition of the eucalyptus trees in the City. 4. Agenda for the Fish and Game Commission meeting of July 26, 196.8... 5.' Minutes of the Fish and dame Commission meeting of April 26, 1968. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 23, 1968 Page Seven 6. Minutes of the Fish and Game Commission'meeting of May 31, 1968 7. Letter from the City of Santa Monica regarding Senate Bill 811 and 754. MOTION: Councilman Donohoo moved that the'correspondence be filed. Councilman Mallery seconded the motion. Unanimously carried. ADJOURNMENT: MOTION: Councilman Keiser moved that the meeting be adjourned. Councilman Mallery seconded the motion. Unanimously carried. The meeting was adjourned at 9:30 p.m. RECORDED BY: M. J. LITTLE, City Clerk By: Ca of n L. Wentzell Y 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, July 12, 1968, at 7:30 P.M. in the Conference Room of City Hall, 595 Harbor Street, Morro Bay, California, to consider the following matters: 1. City purchasing policies 2. Use of City automobiles Dated: June 11, 1968 JOSEPH C. GIANNINI, Mayor City of Morro Bay, California BY: ' '. ,.i /( { M. LJ. tITTLE, City Clerk Sent to: Telegram -Tribune A-1 Printers The Sun KATY RADIO KVEC RADIO KSBY TV KSLY RADIO John Sarber MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting July 12, 1968 7:30 P. M. City Hall Conference Room Mayor Giannini called the meeting to order at 7:30 P.M. ROLL CALL: PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini ABSENT: None ITEM 1 -- City Purchasing Procedures Councilman Donohoo informed.the Council that the Audit and Finance Committee had met with Carl Ludeman and reviewed the Purchasing Ordinance. He read from the Ordinance regarding the appointment of a Purchasing Agent. He stated that the Council had never appointed a Purchasing Agent for the City. He reported the findings of the committee that the City had no uniform purchasing system in force at the present time and various department heads buy without getting prices or quotations. The committee felt that (1) all requisitions should besubmitted prior to the purchase, (2) all requisitions should also show how many items are in stock in order to keep.from building the stock up too high, (3) all deliveries should be made to a centralized warehouse, (4) department heads should always plan ahead, giving the Purchasing Officer time to order. He reviewed the many trips that have been made to a local store in one day on several occasions to make purchases that should have been combined into one larger purchase, thus saving the City money. He stated that every purchase made by the City should be through the Purchasing Officer unless it is an emergency purchase. The committee also recommended that all purchases show on what job the material is to be used. Mayor Giannini stated.that he was concerned about the lack of bidding on certain purchases. He cited instances where'no bids were given, such as on automobile repairs. He felt the City should buy from local people,if the price is right, but'if the price is lower outside the City, the City should take advantage of the savings. Councilman Mallery felt that one danger involved in buying everything locally is that the merchants would fail'to give the City a discount. Councilman Donohoo reported that,he had discussed purchasing policies with the City Administrator of San Luis Obispo who cited instances where it was better to buy outside of town. Discussion was held among members of the Council regarding the lack of competitive prices within the City.` . ' Councilman Mallery felt that the City should be•given a discount for all purchases and that they should buy much the same as the County does. When the County prepares for a bid,.they send out a request for quotation. He was in favor of the City using these forms printed with numbers like the purchase order forms.. o Councilman Donohoo stated that tlie•committee had checked with several entities regarding their purchasing system. He suggested that Carl Ludeman be appointed Purchasing Agent for the City. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting July 12, 1968 Page Two Councilman Mallery felt that the bulk of items in the budget are items that the department heads know about and they should plan ahead enough so that they can get quotations ahead of time. Mr. Little felt that the only sensible solution would be cooperation between the Purchasing Agent and the City Administrator. He felt it might be that the purchasing policies suggested were not as simple as they sound because of the many small emergency purchases required to run the City effectively. Councilman Mallery felt that after study and review.it might prove feasible to spend $40 or $50 fora supply of nuts, bolts, etc., to save the employees' time in getting things they they need for. certain jobs. Councilman Donohoo informed.the Council that Doug Stuart was attempting to get materials in a centralized warehouse. Discussion was held regarding the feasibility of a centralized warehouse. Carl Ludeman stated that,the City Ordinance relative to purchasing procedures was sufficient. He cited an instance where he received a bill that was dated prior to the date the purchase order was sent out. He informed the Council that the Director of Public Works had been buying small items locally without requisitions. He reviewed a list of the checks that had been sent to Hayward Lumber and Bay Auto Parts over the past months and stated that these bills have gradually increased since this procedure,.has been allowed. He felt the City should be careful not to hamper operations, but should distinguish between regular purchases and emergency purchases. He felt one of the problems in the past was the.number of long distance. telephone calls to order materials. He had had 46 calls over a' period of 3 months, which he felt were costing the City more money than they were saving by purchasing out of town. Councilman Bickford felt that long distance calls were necessary at times. He was in favor of calls in order to save money on purchases. Mr. Ludeman felt the Council should adopt a policy on items budgeted, but costing more when bought than the amount on the budget. Also, some items cost less when bought than was budgeted. Councilman Mallery felt that all purchases should come before the Council if the item costs more than was budgeted. Councilman Donohoo felt the budget has enough flexibility to take care of things of that nature. Councilman Mallery stated that when the paddleboards for the Recreation Department were discussed, the Council voiced differences of opinion. When the boards were purchased, the price was less.than was budgeted, and he felt that the extra should go back into the budget for items not budgeted. He felt the Council should have a control so that if the department head underspends the City would know what to do with, the excess. Mr. Little stated that one of the problems involved in holding the budget restrictions too tight, is the fact that the department heads will ask for more than is'necessary for items in order to make sure there is enough allowed in the budget. - MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting July 12, 1968 Page Three Councilman Keiser felt that since $300 was budgeted for the paddle - boards and they actually cost less; apparently the Director thought that if he saved this money, he could use it to buy a better record player. Discussion was held regarding the record player,needed for the Recreation Department. Councilman Bickford felt that it wasn't possible for a'department head to pin down capital expenditures to the point where he wouldn't either overspend or underspend. .He felt that if money was saved.on certain items, it should be put back into the treasury. Councilman Mallery felt that if more money.was.needed for something, the Council should be informed and that the money would come out of unbudgeted funds. Councilman Donohoo stated that the Recreation Director hadn't wanted other items when he.set up the budget', but after he found out that he had saved money on one item,,heiwanted to buy extra items. He' felt this was not proper: Mr. Little felt it would be logical to take this to the Audit and Finance Committee and the Purchasing Agent and.only bring it before the City Council if it was still necessary'. Mayor Giannini felt that the Council shouldn't be, encumbered with anything of this type. Mr. Ludeman as Purchasing Officer should be charged with the responsibility of authorizing the purchases. Councilman Mallery suggested that after a policy is established, the department heads should be called before the Council and the policy thoroughly explained to them. Councilman Donohoo felt that the Purchasing Officer and the City Administrator along with the Audit and Finance Committee should inform the department heads of the purchasing policy. He felt that most department heads were.not aware that the City has a Purchasing Ordinance. Discussion was held regarding personnel files being kept in different departments instead of City Hall. Mr. Little felt that the Audit and'Finance Committee should be given a certain amount of leeway to make adjustments for budgeted items. Councilman Donohoo informed the Council that according to.the Ordinance anything under $2,000 does not require that bids be advertised. Councilman Bickford felt that if a $2,000 item were advertised for bidding, the costs required in putting the item out to bid would off- set any savings made. The Council was in agreement that the appointment of Carl Ludeman as Purchasing Officer for the City would be put on the next agenda for official action. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting July 12, 1968 Page Four ITEM 2 -- Use of, Police, Fire, and Public Works Vehicles Mr. Little read the request of Police Chief Holeman that the Council establish a policy for, the use of vehicles so that the department heads would know their proper usage. He informed the Council that there were only 2 or.3 emergency vehicles involved which were equipped with radios and the necessary red lights for Code 3 operation. When the Fire Chief,'Chief of Police, or any detective who is on duty 24 hours a day takes his vehicle home and goes some- where in the evening, he wants to know if he should use the City car. Also, another question involves taking the car to social functions. The use of the Public Works vehicles'is not'so critical and they are not used for any type of family functions whatsoever. He informed the Council that one vehicle is sent home every night with a maintenance man who is on call for that period. Councilman Mallery felt there was no question that the Chief of Police was.a separate category. He felt the Chief should use the City car because if the City was ever faced with a real problem, it would be in the Police Department. This is not as true with the Fire Department.becuase someone would be assigned to duty who could take over in his absence. The Council agreed that the Police Chief should have the right to take the City car anyplace within the County in order to have a car available so that he can perform his duties. Mayor Giannini felt .if. the Police Chief or Fire Chief is 50 minutes away when the emergency arises, the person left in charge should respond to the emergency. Councilman Mallery felt that a Chief should be able:to get back to the City from anyplace within the County in a short time with the siren and red lights. However, he felt the situation with the Fire Chief was different because any emergency in this department would not be so vital to the lives of the public as it would in the Police Department. Mayor Giannini felt that both the Fire Chief and the Police Chief were paramount. He felt that the lieutenant in charge or the acting fire chief should take over command in either case. Both cars should be within responding distance. Councilman Bickford suggested that the City allow the Police Chief the liberty of using the official car within the County and the Fire Chief the liberty of using the car within the City limits. With the exception of Mayor Giannini, the Council was in agreement that the Police Chief use the car anywhere within the County and the Fire Chief anywhere within the City. The other cars would be the responsibility of the City Administrator. Mr. Little was directed to draft a policy to be submitted to.the Council for approval and adoption. ITEM 3 -- Use of City Pool Cars Councilman Keiser informed the Council that she had had several calls relative to people'driving the City cars to lunch. She felt that the public should be informed that oftentimes City employees are authorized MINUTES - MORRO BAY CITY.COUNCIL Adjourned Regular Meeting July 12, 1968 " Page Five to use the•car to run errands for the City. Mr. Little informed the Council that. 'only the Police Chief and the Fire Chief take their official cars to lunch. He felt that the use of City pool cars should be cleared with the City Administrator with the exception of using it to make the daily bank deposits. This would enable him to know where the car was at all times. The Council was in agreement with this plan. ITEM 4 -- Request -of Public Works Department to establish fees for drafting services Mr. Little informed the Council that it had been customary in the past on development of lease sites with slips, floats, etc., that the Department of Public.Works had prepared for the Corps of Engineers and for the City Council approval, all the 'necessary drafting services at no, cost to anyone. He read a memo from Doug Stuart regarding the cost to the'City for the preparation of these lease site drawings for the Corps. The Public Works Director recommended that a fee of $25.00 be charged to private parties for these services. Mr. Little stated that this was a reasonable .estimate of what it costs to do the work. .He felt it should not be the responsibility of the City to prepare these plans. The Council was in agreement that the City should make some charge for this service. ITEM 5 -- Harbor Development - Mayor Giannini stated his concern with the future development of the harbor west of the revetment line in the water. He felt the Planning Commission should have full control of the harbor -including its design standards. Mr. Little informed the Council that this could be done either.by direction to the Planning Commission or'as an amendment to,the Zoning Map. He stated that the Council also needed a policy to charge.for Conditional Use Permits where the property involved is City property. Discussion was held regarding the necessity of going to the Planning Commission for any repairs on old lease sites, change of use, or additional lease sites. Mayor Giannini suggested that this item be places on the Agenda for the next regular meeting to be sure that the Planning Commission is involved in anything regarding harbor development. ITEM 6 -- General Councilman Donohoo asked the Council if there was anything that should be studied by the Audit and Finance'Committee. Councilman Keiser suggested that,the committee visit the activities planned by the Recreation Department'and•-give their opinion to the Council. She also suggested that the committee attend the'next meeting of the Parks and Recreation Commission....'. MOTION: Councilman Bickford moved that the meeting be adjourned. Councilman Donohoo seconded the motion. Unanimously carried. RECORDED BY: • M� LI TLE, tes Clerk�;i� ' � z' • By: Ca lyn L. Went ell - Deputy City Clerk ' . CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING' July 9, 1968 7:30 P. M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular Meeting of June 25, 1968 2. Adjourned Regular Meeting of June 28, 1968 3. Executive Session of June 28, 1968 4. Joint Meeting with Planning Commission of July 1, 1968 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 Watchang Korisheli B-2 Report of Ambulance Committee B-3 Hearing on Debt Limit Report and Engineer's Report and Assess- ment for Improvement District No. 3 B-4 Report of City Engineer on Street Deficiency UNFINISHED BUSINESS C-1 Review of requirements for expansion of Frank Brebes' water lease C-2 Ordinance No. 74 Amending Title VIII of the Morro Bay Municipal Code (second reading) NEW BUSINESS D-1 Request of William K. & Florence Wilson for assignment of lease sites 91, 92, 91W, and 92W to Harold J. & Rita B. Anderson D-2 Request of Morro Bay Bulletin for consideration by City in publication of legal advertising D-3 Resolution setting date and time for public hearing on an amendment.to the Zoning Ordinance D-4 Resolution setting hours when stopping, standing, or parking' of vehicles on certain publicly owned property is prohibited D-5 Appointment ofmembers of Parks & Recreation Commission CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meeting: July 23, 1968 2. Planning Commission Meeting: July 16', 1968 MINUTES - MORRO BAY CITY -COUNCIL Regular Meeting July 9, 1968 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. unr.r. rnr.r.. PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini ABSENT: None MINUTES: The minutes of the regular meeting of June 25, the adjourned regular meeting of June 28, the"executive session of'June 28, and the joint meeting with the Planning Commisson'of July 1, 1968, were considered by the Council. Mayor Giannini.asked if there were any corrections or additions to be made to said minutes. MOTION: Councilman Donohoo.moyed that the minutes be approved as written. Councilman'Mallery seconded the motion.. Unanimously carried. f INDIVIDUAL DETERMINATION AND/OR ACTION: A-1 City Council (a) Councilman Keiser mentioned the necessity'of appointing a Purchasing Agent for the'City. MOTION: Councilman Keiser moved that Carl Ludeman be appointed Purchasing Agent for the City of Morro Bay.' Councilman Donohoo informed the Council that the Audit and Finance Committee were in the process of drafting a report relative to this appointment which would be presented•at the next meeting. Motion died for the lack of a second.' (b) Councilman Keiser stated that one of the Councilmen had recently purchased a -record player for the Recreation Department which proved to be unsuitable for.the purposes for which it is to be used. MOTION: Councilman Keiser moved that the City.not accept the machine. Councilman Bickford seconded the motion. Discussion was held among members of the Council regarding this purchase. Councilman Mallery informed the Council that since he had made the purchase, he would keep the machine. Councilman Keiser withdrew her motion. and Councilman Bickford with- drew his second. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 9, 1968 Page Two (c) Councilman Donohoo reported on the -June meeting of the San Luis Obispo County-Cities'Area Planning Council which he had attended in Councilman Bickford's place. The Council had reviewed area -wide sewer plans and -passed a resolution certifying. 7-23-68 c mp-let-roir arf- tire -work-. that . substantial engineering work had been completed. (d) Councilman Bickford -gave a,report-on the League of California Cities' Tidelands Committee meeting which he had been unable to attend. According to the minutes from the meeting, the Committee had reviewed.Se`nate Bill 811 and had many objections. The Bill has since been amended,.but the amendments do'not meet many of the objections. He.suggested.that the City Council study this'Bill and indicate by letter to Mr. Baldwin whether or not they agree with the changes. A=2 City Attorney (a) Mr. Madden informed the Council that as of July'l, 1968,. he had taken over sole responsibility.of tideland's litigation for the City. He stated that Substitutions of Attorneys, have been filed and three litigation cases have been dismissed. These cases are the Ogle, Nelson, and Caratan cases. A-3 City Administrator (a) Mr. Little reviewed the request from Fire Chief Norm Rieger for authorization of his attendance at various meetings of the California Fire Chiefs' Association, Tii Counties Fire Chiefs' Association, and Fire Science Advisors' Committee for Cuesta College. The total number of meetings was 10 and the cost for each meeting would be under $4.50. He suggested that. the City Administrator, authorize attendance at these meetings prior to each meeting. MOTION: 'Councilman Bickford moved that the attendance of.the Fire Chief to these meetings be approved by the Council. Council- man Keiser seconded the motion.' Unanimously carried. (b) Mr. Little read a request from Chief Rieger regarding -the attendance of Vaughn Castle to a 5-day Fire Prevention Seminar in Riverside, July 15th through the 19th, at a cost of $211. He stated that the information gained would be of value to the City. Councilman Mallery felt that there should be a method of determining about what the Council,is going to be faced with throughout the year in the way of travel and meetings. Also, he felt a priority policy should be formed. MOTION: Councilman Keiser moved that the Council send Mr. Castle to the seminar in Riverside. Councilman Bickford seconded the motion. Roll call vote: AYES: Councilmen Bickford, Keiser, and Mayor Giannini NOES: Councilman Donohoo and Mallery (c) Mr. Little informed the Council 'that the Harbors and.Water Craft Commission will meet in Santa Barbara on July 15th. He asked the Council's decision as to sending someone.to this meeting. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 9, 1968 Page Three •- , Councilman Keiser stated that she would like to attend this meeting and she would like Mr. Little to attend also. MOTION: Councilman Donohoo moved that Councilman Keiser and Mr. Little be authorized to make this trip. Councilman Bickford seconded the motion. Unanimously carried.. (d) Mr. Little stated that he had a notice of a meeting of the Street Superintendent's Association from the Department of Public Works in Santa Maria. He asked that Ken Valley, Principal Engineering Aide, be authorized to attend this meeting. The cost would be $4.50 and Mr. Valley would use a City car.. MOTION: Councilman Bickford moved that the Council approve Ken Valley's attendance at this meeting. Councilman Keiser seconded the motion. Unanimously carried. (e) Mr. Little informed the Council that Mr. Glenn Ward of the Corps of Engineers had been in his office and reported that the Corps has been working on the plan for several months and expect to have it completed in another year. This study will determine whether the plan submitted to them is feasible. (f) Mr.. Little presented the Expenditure Report for the period June 16, 1968 through June 30, 1968 for the approval of the Council. MOTION: Councilman Donohoo moved that the Expenditure Report for, the period June 16 through June 30, 1968 be approved. Councilman Mallery seconded the motion. Unanimously carried. (g) Mr. Little presented the Financial Report for the 1967-68 fiscal year for the Council's approval. MOTION: Councilman Donohoo moved that the Council approve the 1967-68 Financial Report. Councilman Bickford seconded the motion. Unanimously carried. Mr. Little read the cover letter from the Director of Finance which was attached to the Financial Report. The report indicated that the City was in a sound financial position. HEARINGS, APPEARANCES, AND REPORTS: B-1 Appmrance of Watchang Korisheli Mr. Korisheli informed the City of his intention to presentea sculpture to the City. He indicated that`he had found a suit- able rock and Mr. Spellacy, former Director of Public Works had informed him that if the rock were.replaced, it could be used. He requested that the City remove the rock, place it in his yard, and also prepare a pedestal for the completed sculpture. He suggested a location for the sculpture and indicated that it would be a form of marine life. The Council indicated that they were very much in favor of this project. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 9, 1968 Page Four B-2 Report of Ambulance Committee Mr. Little stated that the Committee, consisting of Councilmen Keiser. and Mallery, Supervisor Kidwell, Dr. Karl Kolb, and himself, had met twice and discussed at length the proposed inclusion of Morro Bay in County Service District No. 15. At the second meeting of the Committee, Mr. David E. Flock of Jones. Ambulance Service was invited to attend and present cost figures to the Committee. Several local doctors were also invited to attend and express their opinions regarding the necessity and desirability of the service. After lengthy discussion a motion was passed stating the recommendation of the Committee to the Council that the City take the necessary steps to become a part of the County Service District which will provide a subsidy program for ambulance service within the District. The subsidy necessary would be approximately $150 per month which would reflect in a 2G raise in the County ta'x bill during the first year and less during the next year:. Councilman Mallery stated that he was not convinced that the City needed an ambulance stationed in Morro Bay. He felt that this was a controversial issue and should go on the ballot. MOTION: Councilman Mallery moved that the Council place the question 11 of ambulance service and participation in District No. 15 on the next municipal ballot. Councilman Donohoo seconded the motion. . Councilman Keiser felt that the City should consider the fact that ambulance service'benefits the whole district and'is not for the City alone. She stated that Dr. Kolb felt it would be,necessary because of the accidents which occur in this area. Councilman Donohoo stated that any issue involving a raise in taxes is the concern of the people and he felt they should have an opportunity to vote on it. Larry Davis spoke in favor of the ambulance service. Councilman Mallery felt the need for an ambulance in the City was not critical. The problem is getting a doctor immediately after getting the patient to the hospital. He was convinced that the ambulance service would not save enough time by being stationed in'town to be of great importance. Mayor Giannini referred to a letter lie had received from Charles and Cynthia Brown in favor of the program. He felt that people would not be in favor of a subsidy to a private enterprise. He stated that the service received from the ambulanceservicein. Sam Luis Obispo was excellent and it was not necessary to have one stationed in Morro Bay. However, it could be a lifesaving device and he would be in favor of a trial program for one year. Supervisor Kidwell stated that the Council had been approached and asked to join the area before it came under the jurisdiction of the Local Agency Formation Commission. At that time the -Council could have participated in the area and withdrawn after a year's time by resolution. However, since that time, the'area is under the jurisdiction of LAFCO and the City must petition for inclusion in the service area. LAFCO would call a hearing and testimony would be heard regarding the inclusion of the City. To detach itself from the area, the City would have to petition LAFCO and go through the process of another hearing. He felt that belonging to the County • MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL July 9, 1968 Mr. Madden stated that he knew of no such interest that Mr. Bickford would have that would be adverse to considering the matter before the Council. In the event a contract was being advertised for or was being submitted to the City, Councilman Bickford would then not be in a position to give commitments to the contractors. Councilman Bickford informed the Council that, on the basis of this opinion, he had no intention of abstaining from voting on this ' matter because of a conflict of interest. Mr. Sam Taylor presented a map of the district and explained its purpose in showing the areas that are protested. He stated that 56.13% of the land area was protested and ,he felt it was not necessary to go through the steps of a protest hearing at this time. He introduced Mr. Ed Ness of Sturgis, Den -bulk, Douglass and Anderson, Bond Counsel for the District, who reviewed the procedure normally followed.. Mr. Ness was in agreement that there was no necessity for following through the regular procedure and stated that the Council had no power to move ahead with anything past the hearing unless the protest is reduced to less than 50% prior to the hearing. Councilman Bickford asked how the assessment was spread. He felt that the assessment spread was not consistent and perhaps this was why the District was being protested. Mr. Harold Bare of Stone and Youngberg stated that the spread was assessed on the basis of the class of work done on the three streets involved. Each lot was broken.down as to frontage on each street . width, curbs and gutters required, frontage on 10' or 7' sidewalks, the district -wide benefit from drainage, and as to whether or not property had to be acquired from individual owners for widening of rights -of way. He explained'the major difference between two similiar lots which were assessed differently was whether one had to sell to the City a piece of property for the widening of streets or improvements. The costs'of acquisition were assessed against the individual property. Other differences occur on property which fronts on two streets which would be assessed for their benefits received from both streets. This would make considerable differences in the assessment spread on two pieces of property si.miliar in size. Mayor Giannini stated that several people had indicated that they would like to put curbs and redrock'sidewalks but that the cost that they had figured was less than 40% of what was quoted for District No. 3. Mr. Bare explained that the reason for this difference was that the contractor's price for the work included only'the actual.cost of constructing the facilities; whereas, under an improvement district, additional costs of assessment proceedings; engineering designs, and financing costs must be included. Mr. Lloyd Allen, spokesman for the protesters, asked why it was necessary to raise the estimated amount of assessment before the notices were sent out. He stated that the rates had been raised 5% from the time the District was set up until the notices were . mailed. Mr. Taylor explained that the original bond discount was set at 38 and had been raised to 8%, thus causing the 58 increase. Councilman Bickford asked if there was a chance for revision on this project. Mr. Ness informed the Council that districts have been. continued from time to time until studies could be made; but if it MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL July 9, 1968 Service Area would be the best.procedure primarily because two taxing entities would not be involved in the subsidy program. He mentioned alternative methods of establishing ambulance service in Morro Bay and stated -that he had received many calls regarding the necessity of this service: He reviewed the percentage of calls that are received by the ambulance from the Morro'Bay area, and stated that as the calls increase, the subsidy would decrease. Roll call voteon motion: AYES: Councilmen Donohoo and Mallery NOES: Councilmen Bickford, Keiser, and Mayor Giannini MOTION: Councilman Bickford moved that the Council accept the recommendation of the Ambulance Committee to the effect that they indicate to the County that'the City wishes to participate in a Joint Powers Agreement for the formation of an emergency ambulance service -in District No. 15. Councilman•Keiser seconded the motion. Mr. Madden reviewed the three choices that the City could make in this matter: (1) Petition for annexation to the.existing Service District No. 15 with the understanding that the City could no longer withdraw by resolution as had been previously possible; (2) Form a Joint Powers Agreement between the City and the Service District with the City contributing funds and the Service District providing the ambulance service; or (3) Reject both plans. Discussion was held among members of the Council regarding the alternative methods of obtaining ambulance service in the City. Mayor Giannini asked if the City entered into the program under a Joint Powers Agreement, would it be possible to petition LAFCO for inclusion in the District after a year's time. Supervisor Kidwell indicated that this would be possible. Councilman Bickford withdrew his motion and Councilman Keiser with- drew her second. MOTION: Councilman Bickford moved that the City of Morro Bay notify the San Luis Obispo County Board of Supervisor s by resolution that the City wishes to participate in a Joint Powers Agreement for the formation of ambulance service for this area,'providing the City has the power to do so. Councilman Keiser seconded the motion. Roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini NOES: None B-3 Hearing on Debt Limit Report and Engineer's Report and Assess- ment for Improvement District No. 3 Councilman Bickford stated that he had been contacted by persons involved in this district who felt that he should not participate in this because of a conflict of interest. He had been informed that one of the Councilmen would challenge his vote if he voted on the matter. He asked the opinion of the City Attorney. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 9,•1968' Page Seven was felt that revisions could be made and the City were willing that the design standards be changed, this would be a possibility Mayor Giannini declared the protest hearing formally open. Mr. Allen spoke for the protesters stating their feeling that pre- judice had been shown (1) by the ommission of assessments 31 and 33, (2) by the exclusion of Silver City Trailer Park, and (3) by the removal of assessment No. 35 from the area. It was their opinion that property owners should be allowed to form their own improvement districts because they know how much financial burden' they can cope with. Councilman Bickford stated that this district was originally formed by a petition from the property owners. Mr. Allen explained that the petition was not legal but merely brought the district to the attention of the City Council who took steps to initiate the district. He reviewed the reasons.for protest: (1) Most of the people could not afford the improvements, (2) The people on Main Street would lose. practically all of their off-street parking, and a traffic hazard would be created, and (3) The protesters didn't see the necessity of 10' sidewalks on Main Street. Mr. Ness felt it was in order.to''close the hearing. He informed the Council that at a_later date he would send down a resolution abandoning proceedings and direct that the resolution be forwarded to the County Recorder,'s office.. MOTION: Councilman Donohoo moved that this district be held in abeyance until the Council had the resolution abandoning it and then Council could take action on this resolution. Councilman Donohoo withdrew the motion. MOTION: Councilman Mallery moved to abandon proceedings on Improvement District No. 3. Councilman Keiser seconded the motion. Roll call vote: AYES: Councilmen.Bickford, Donohoo, Keiser, Mallery", and Mayor Giannini, NOES: None RECESS: 9:39 P. M. RECONVENED: 9:45 P. M. B-4 Report of City Engineer on Street Deficiency Mr. Taylor informed the Council that this report is required by law under the Streets and Highways Code to be prepared every four years. This report lists every street in the City which is deficient for some reason. He explained criteria used in preparing this report and stated that the report has already been submitted to the Division of Highways because of the deadline of May 1, but an approval from the City Council is necessary. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 9, 1968 Page Eight MOTION: Councilman Mallery moved that the Council adopt -the -City,, Engineer's Summary of Road and Street Progress and Needs, and Estimate of Street Needs for the City of Morro'Bay. Councilman Bickford seconded the motion.. Unanimously carried. UNFINISHED BUSINESS: C-1 Review of requirements for expansion of Frank Brebes''water.lease Mr. Madden suggested that until the waterfront litigation is con- cluded, the City give a Use Permit for 6 months to.l year to Mr. Brebes with the understanding that the water area would.thereafter be added to his existing lease for the term of the existing lease,, but rental to be under the new rental schedule. If this is agree- able to the Council, he stated he would prepare the necessary documents prior to the next meeting. Discussion was held regarding the necessity of this being reviewed by the Planning Commission before action was taken. Mr. Little explained that the Council had already agreed to lease this additional property, the use for which the installation is being built has been approved by the Planning Commission, the matter has been sent to the Council and approved, and the construction, sketch has been sent to the Corps`of Engineers who have also.* approved the installation. He recommended that this be granted under a Use Permit agreement. . MOTION: Councilman Donohoo moved that a Use'Permit.be granted to Mr. Brebes with the understanding that the water area would thereafter be added to his existing lease for the term of the existing'lease and rental is to be under the new rental schedule. Councilman Bickford seconded the motion. Roll call vote: AYES: Councilmen Bickford, Donohoo,.Keiser,-,Mallery, and Mayor Giannini NOES: None C-2 Ordinance No. 74 amending"Title.VIII of the Morro Bay.Municipal Code MOTION: Councilman Mallery moved that Ordinance No. 74 be read by title only. Councilman Donohoo ;seconded the motion.* Unanimously carried. Mr. Little read Ordinance No. 74 by title only. MOTION: Councilman Mallery moved for -the adoption of Ordinance. No. 74. .Councilman Bickford seconded'the motion.' .Roll call vote: AYES: Councilmen Bickford,'Donohoo, Keiser, Mallery, and -Mayor' Giannini NOES: None C-3 Resolution surrendering leasehold to Pacific Gas,& Electric (Added) Company 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 9, 1968 Page Nine MOTION: CouncilmaniMallery moved to add this item under C-3. Councilman Bickford seconded the'motion: Unanimously carried. RESOLUTION NO. 37-68. RESOLUTION SURRENDERING LEASE- HOLD TO PACIFIC GAS AND ELECTRIC COMPANY' - Mr. Little read Resolution No. 37=68 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 37-68. Councilman Keiser seconded. Unanimously carried. D-1 Request of William K. & Florence Wilson for assignment of lease sites 91, 92, 91W, and•92W to Harold'J.'and Rita Anderson Mr. Little read a letter from William and Florence Wilson regarding assignment of lease sites 91, 92, 91W, and 92W. Mr. Madden stated that he saw no reason why the Council should hold up any legitimate request to responsible assignees. He stated that a resolution had been prepared for this purpose. RESOLUTION NO. 38-68. RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM WILLIAM K. WILSON AND FLORENCE WILSON-TO HAROLD J. ANDERSON AND RITA B. ANDERSON MOTION: Councilman Mallery moved that Resolution No. 38-68 be read. Councilman Donolioo seconded the motion. Unanimously carried. Mr. Little read Resolution No. 38-68 in its entirety. MOTION: Councilman Mallery moved for adoption of Resolution No. 38-68. Councilman Keiser seconded the motion. Unanimously carried. D-2 Request of Morro Bay Bulletin for consideration by the City in publication of legal advertising MOTION: Councilman Donohoo moved that this matter be ref erred.to the City Attorney for -his recommendation to'be presented at the next meeting. Councilman Mallery seconded the motion. Unanimously carried. D-3 Resolution setting date and time for public hearing on an amendment to the. Zoning Ordinance Mr. Little informed the Council that according to the Zoning Ordinance the Planning Commission or the City Councilmay instigate an'amend- ment to the Zoning Ordinance. He read Planning Commission Resolution No. 3-68 in its entirety. RESOLUTION NO. 39-68. RESOLUTION SETTING DATE AND TIME FOR PUBLIC HEARING ON AN AMENDMENT TO THE ZONING ORDINANCE. Mr. Little read Resolution No. 39-68 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 39-68. Councilman Donohoo seconded the motion. Unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 9, 1968 Page Ten D-4 RESOLUTION NO. 40-68. RESOLUTION SETTING HOURS WHEN STOPPING, STANDING, OR PARKING OF VEHICLES ON CERTAIN. PUBLICLY OWNED PROPERTY IS PROHIBITED. Mr. Little read Resolution'No. 40-68 in its entirety. MOTION: Councilman Mallery moved for the adoption of.Resolution No. 40-68. Councilman Donohoo seconded the motion. Unanimously carried. . D-5 Appointment of members of.Parks and Recreation Commission Council agreed to discuss.this in executive session and any official action would be taken in regular session. CORRESPONDENCE: 1. Letter from Dwight W. Carlisle, President of the Morro Bay Art Association, requesting use of the Recreation Hall for the Association meetings. Councilman Mallery felt that the Recreation Hall schedule is too crowded to allow this use. He .suggested that staff be directed to inform the Art Association of this fact and that school buildings are available for this purpose. MOTION: Councilman Mallery moved that staff be directed'to,.inform the Morro Bay.Art Association that it will not be possible for them to use the Recreation Hall, but that school facilities are available for their use. Councilman Bickford seconded the motion. Unanimously carried. Councilman Donohoo felt that the Council should adopt policies for the use of the Recreation Hall. He was informed that the staff is already working on some plan to be submitted to the Council. Councilman Mallery suggested that some of the present standing committees be authorized to formulate some priorities on policies pending. Mayor Giannini suggested that the Audit and Finance Committee study this matter. Discussion was held regarding a study on the"Council's policies. 2. Letter from City of Baldwin'Park regarding Cigarette Taxes 3. Communication to former Mayor from J. Hays regarding Grass Roots Project in Santa Marguarita. 4. Letter from Mr. Madden concerning the meeting of the State Lands Commission. MOTION: Councilman Donohoo moved that the correspondence be filed. Councilman Mallery seconded the motion. Unanimously carried. Councilman Keiser inquired when the C. A. P. building is to be leased. Mr. Little informed her that the building has already been leased and C.A.P. project has moved in. He stated that a policy must be established on the matter of which groups are to use the building with the C.A.P. project. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 9, 1968 Page Eleven MOTION: Councilman Mallery moved that the City Administrator be authorized to formulate a policy on.the use, of the new C. A. P. building that has been acquired. Councilman Donohoo seconded the motion. Unanimously carried. Mr. Madden informed the Council that he wished to review the insurance policies of the City regarding coverage of this building. ' MOTION: Councilman Mallery moved to adjourn to executive session to discuss personnel. Councilman Donohoo.seconded the motion. Unanimously carried. ADJOURNED TO EXECUTIVE SESSION: 10:37 P.M. RECONVENED: 11:20 P.M. MOTION: Councilman Mallery moved to appoint Mrs. Franci's Peck to the Parks and Recreation Commission for a 2 year term, and Mrs. Isabel Domenghini and Mrs. Mary Jean. Munro to the Commission for:4 year terms. Councilman Donohoo seconded the motion. Unanimously carried. ADJOURNMENT: MOTION: Councilman Mallery.moved'to adjourn the meeting to Friday, July -12, 1968, at 7:30 P. M. in the City Hall Conference Room. Councilman Bickford seconded the motion. Unanimously carried. The meeting adjourned at 11:26 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 Planning Commission will be held on Monday, July 1, 1968, 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. City Council - Planning Commission matters of mutual concern Dated: June 27, 1968 JOSEPH C. GIANNINI, Mayor City of Morro Bay, California By: �. M.el LfTTLE, City Clerk MINUTES - MORRO BAY CITY COUNCIL Joint Meeting with Planning Commission July 1, 1968 7:30 P. M. Morro Bay Recreation Hall Mayor Giannini called the meeting to order at 7:41 P. M. ROLL CALL: PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini Commissioners Bertie, Dolezal, Johnson,.Woll, and Chairman Nagano ABSENT: None Staff Present: M. J..Little, City Admini"strator; and Ned Rogoway, Planning Director. Mayor Giannini stated that the purpose of this joint meeting between the City Council and the Planning Commission was to discuss matters of mutual concern and also to establish better communications between the two groups for the betterment of the City. Mr. Rogoway stated that an understanding was necessary between the two entities concerning common goals and how to implement these_ goals. The two topics he wished to discuss were parking problems and the waterfront. These included the parking requirements which the City would try to obtain in the central business district in order to implement the zoning ordinance'and the•parking problems associated with the harbor. A. The Central Business District. Mr. Rogoway-stated that the proposal for a plan for this area is pending. The Planning Commission decided to hold the plan in abeyance before' considering it as a policy of the City. In the interim, the question is whether the City is going to strictly enforce the parking ordinance in the central business district, particularly, on Morro Bay Boulevard. He stated that it was difficult for the property owner in trying to get parking as well as a building. without: (1) taking parking off the street to get alleys and drive- ways into the lot, or (2).creating parking lots which,are too small to do much good and could not be seen by people unfamiliar with the City. B. The Waterfront. Because of the small lease sites, it is extremely difficult to get bothparking space and the necessary development on,these lots. Councilman Donohoo asked,if the Planning Commission had taken into consideration the proposal for the waterfront. J Mr. Rogoway stated that they had; but this may not provide sufficient parking space to end future problems. Councilman Keiser asked about the City purchasing land on the upland bank for parking. Even though.this is expensive land, perhaps this would alleviate the problem. She felt this might eliminate congestion on the waterfront and perhaps -give the central business district more business. MINUTES - MORRO BAY CITY COUNCIL Joint Meeting with Planning Commission July 1, 1968 Page Two Commissioner Bertie stated that -from a pedestrian circulation viewpoint, it would be best to keep parking away -from the water- front. Mr. Little stated that with the exception of a few short periods of the year, the City has adequate parking facilities. If the City financed parking areas to take care of the crowded days, these facilities would stand empty the rest of the year. He felt this would not be a feasible plan. Commissioner Dolezal spoke regarding the possibility of creating diagonal parking on some of the wider streets. He was informed that diagonal parking is not allowed on Select System streets and most of the downtown streets are a part of this system. Councilman Mallery felt that the City should enforce parking restrictions downtown and keep the merchants and their employees from using the on -street parking facilities. Mr. Rogoway suggested that the City encourage the development of retail stores which would encourage more traffic. He felt one solution might be to waive the parking requirements, forseeing the day when diagonal parking would be allowed on Morro Bay Boulevard. Commissioner Johnson stated that the only area with parking problems at the present time is on the waterfront area near his place of business and around the fish and chip eating places. Mr. Rogoway suggested taking a hard look at what.'use's are allowed in this area. He stated that'the City could have certain controls that would limit the uses where there is a deficiency in parking, and then look toward new areas where parking could be provided. Commissioner Johnson mentioned the possibility of developing Front Street and converting the Embarcadero from Brebes to Rose's Landing into one-way streets with more parking facilities. Mr. Little commented on the fact that the proposed plan for that area uses Front Street on both sides for diagonal parking and all street ends would be converted to parking lots. The increase in, parking space from this plan is about 2 1/2 times as many parking spaces as are available at the present time. He felt the City should be more concerned with economy on the lease sites. Councilman Mallery stated that the proposed plan brought more than 400 parking spaces which would be adequate. He was in favor of extending the land bayward according to the Moffat -Nichols plan. Commissioner Johnson suggested that the City make use of dredgings from the channel to build new land. Councilman Mallery spoke regarding the'City dredging and creating new land and places -to park. However, studies must.be made and costs investigated. He felt this would be an inexpensive method because the dredging material would be free. I Mr. Rogoway was in agreement that the City should start now in developing this idea about utilizing the dredgings to our advantage. MINUTES - MORRO BAY CITY COUNCIL Joint Meeting with Planning Commission July 1, 1968 Page Three Councilman Bickford felt the City was never going to have much• use for these dredgings and therefore he was opposed to'this project. Commissioner Johnson commented on the fact that the.City has 120 acres of mudflats that could be filled in with'these materials. He stated that according to the studies made by the Corps of Engineers on the movement of sand, the volume of water at high tide in the channel is decreasing while the volume at low tide. is increasing and the mudflats are slowly filling. He felt the logical answer would be to increase the capacity of the harbor close to the entrance. He also stated that the Corps of Engineers report indicated that 40,000 cubic yards of sand per year comes into the Bay, while only 30,000 cubic yards of sand leaves. Also, 119,000 cubic yards come into the.Bay every year over the sand' - dunes. Mr. Rogoway mentioned the planting of special kinds of grasses to stop the driftingof sand. Councilman Mallery reviewed P. G. & E.'s problem with the movement of the dredging materials dumped near their property during the last dredging project. Councilman Keiser asked how far. the Corps of Engineers had progressed on their study on cutting through a new channel. Mr. Little stated that a representative of the Corps of Engineers, Glenn Ward, had been in hisaoffice and had given a progress report Said report only stated that they were working on the problem and would present it to the Council as soon as they arrive at a con- clusion. He indicated that the completed project would take about one more year to finish. Councilman Keiser asked if the'Council was in favor of dropping all the plans made by Hahn and Wise. Councilman Mallery felt that it was accepted -that the City is not going to develop the sandspit, as indicated by the survey taken by the C. A. P. project. Commissioner Johnson indicated that there were several problems in the harbor which the proposed plan does not solve. These problems include: (1) The sand that continually drifts out of place in the harbor project which amounts to 144,000 cubic yards. per year and requires repeated dredging. (2) The situation existing at the entrance to the channel. This problem is going to get worse as more and more sand accumulates in the area of the breakwater and moves back into the project. (3) At present the Embarcadero acts as a natural trap for all the dead eel grass in the Bay and presents a problem. G. MINUTES - MORRO BAY CITY COUNCIL Joint Meeting with Planning Commission July 1, 1968 Page Four Councilman Mallery stated that the Corps of Engineers had.indicated that the sand will continue to move in a southerly direction. Councilman Bickford felt that the City could not continue indefinitely to dump sand on the beach.' Commissioner for boats to this problem Dolezal felt that the City needed mooring or spaces be stored and making the channel wider would not solve Mayor Giannini spoke regarding .the problem of,providing enough parking space when people want to improve their property but do not have enough room for,both development and parking area. Commissioner Bertie reviewed San'Francisco's solution to their parking problems. He stated that in the,downtown areas when old buildings were modernized,'they'weren't restricted as to providing ' parking space. He felt that something like that could be applied to our area. Mayor Giannini stated that if the City continues to place restrictions on property which is limited,in size,.it will hinder the development of that property. Discussion was held regarding the need for a control of zoning such as service stations.. Mr. Rogoway stated that this problem could be approached by rezoning the area on both sides of Morro Bay Boulevard. Councilman Mallery felt that if. service stations could be eliminated. in that area, then the Council might buy certain areas and put in public parking. Commissioner Bertie suggested .that if the City -did this, that they sell spaces within the parking areas for individual businesses. Commissioner Johnson felt that the City must bring in new merchandise in order to revitalize the downtown area, and then measures such as public parking could be of value. Mr. Rogoway suggested the imposition of a levy to solve this parking problem. Parking requirements for new buildings would be waived, and a sum would be levied sufficient to provide for the construction of parking facilities. This sum would be put into a fund which would be utilized to purchase and construct the parking areas where the City wanted them. , Both entities were in agreement that parking restrictions should be enforced. The Planning Commission agreed to make a study on this. Discussion was held regarding the candle manufacturing plant that is in the process of moving in, and since no one had applied for a permit, they have not been informed that this is not an allowable use. MINUTES - MORRO BAY CITY COUNCIL Joint Meeting with Planning Commission July 1, 1968 Page Five Mayor Giannini felt it would be advisable for staff to discuss this with the people involved. Mr. Little informed the Council that if the business put in a retail sales office in front, even though they were manufacturing. in the rear of the building, the use would be permitted. Mr. Rogoway suggested that the harbor plan be presented and adopted as the parking plan for the waterfront and that the parking requirements be waived in that eight-block,.area. Mr. Little was in agreement since this proposed plan provides for parking space, lease property would not need parking area and the requirements could be waived. Councilman Bickford mentioned the parking problems caused by party boats on the waterfront. Mr. Little suggested that the parking areas.be.restricted to two- hour parking which he felt would eliminate'these problems. Councilman Mallery felt the best solution would be a central place for the loading of all boats. Mayor Giannini mentioned the docking facilities. He felt there was a dire need for facilities for sport boats'and commercial boats. He asked what thought had been made concerning docks on Coleman Drive. Mr. Rogoway stated that the original thinking was to retain fairly large lease sites in this area. Whether this is practical and timely is something to be decided. However, the market has to be here for financiers to come in and make investments of that type.. He stated that prior to incorporation, a firm from Los Angeles had asked the County to lease the entire area between the Rock and the Den-Dulk property under one lease and they would develop a resort center and boat slips. The County found very little interest when they amortized this and felt it was premature. This was an arbitrary decision on the part of the board, but the policy at that time was to keep this area in large lease sites so that investments would be on a large scale. Mayor Giannini felt that boats along Coleman Drive would be esthetically appealing. He was opposed to the idea of putting buildings there. Councilman Mallery felt that some buildings would have to -be put there. He mentioned the value of a good restaurant, built in such a manner as not to restrict the view. Mr. Rogoway suggested putting buildings on the north side of Coleman Drive and parking space behind the buildings. Councilman Mallery felt that Coleman Drive could be moved in order to put a few buildings on the bay side. He stated that he had discussed this area with the C- A. P. project and suggested that they make a study of this. 40 MINUTES - MOARO BAY CITY COUNCIL Joint Meeting with Planning Commission July 1, 1968 Page Six Mayor Giannini brought up the subject of the new rents to be put in effect on the waterfront. He felt a revision would have to be made on the water rent because it was excessively high, but the land rental was feasible. Councilman Donohoo suggested basing the rental rates on a per- centage basis. Commissioner Johnson stated that the Planning Commission hasn't had anything to do with any of the plans on the water. The area is zoned P-D to the water line and everything outside that wouldn't be planned by the Planning Commission. He felt that this was difficult if part of the town could not be planned by the group. He stated that the Planning Commission Ordinance indicated that , they are to develop a general plan, specific plans if they are necessary to implement the general plan, and to act in an advisory capacity to the City Council in all matters pertaining to the planning function. Discussion was held relative to the recommendation given by the Planning Commission that party boats be allowed on the Brebes lease site and the fact that nothing else had been considered at the time the approval was given...only that it was a permitted use. Mr. Little stated that until a plan is submitted for further development, nothing can be done by the City. Mr. Rogoway felt that it might be helpful to develop a written Standard Operating Procedure to hand out to people who are prospective lessors. Mayor Giannini felt that anything on the waterfront should go before the Planning Commission before coming before the Council. Mr. Little stated that up to this point docks and structures in the Bay have not gone to the Planning Commission because while the land area is zoned P-b, the water area is not zoned. It was the general feeling of the Council that a procedure should be set up and followed in -leasing property on the waterfront. Mr. Rogoway stated that the Planning Commission had received indications from Mr. Den-Dulk that he wishes to submit a tenative map on additional lands in his subdivision. The proposal implies compromises in some respects. He mentioned some of the compromises and asked if anything less than the Subdivision Ordinance require- ments could be accepted. Councilman Bickford indicated that he would not be in favor of accepting anything less than was required without some compensating factors. Councilman Mallery expressed the feeling that the Sign Ordinance should be reviewed with respect to the rule to allow no product advertising signs. It was felt that these should be allowed if the product advertised comprises a major portion of the business. Mayor Giannini expressed the desire to see these joint meetings continued from time to time because of the benefit to both entities. MINUTES - MORRO BAY CITY COUNCIL Joint Meeting with Planning Commission July 1, 1968 Page Seven Commissioner Johnson requested that the Planning Commission be furnished with a copy of the minutes of the City Council meetings. In general it was felt that if there were helpful to the Planning Commission, they should be given copies. MOTION: Councilman Bickford moved to adjourn the meeting. Councilman Donchoo seconded the motion. Unanimously carried. The meeting was adjourned at 10:36 P.M. RECORDED BY: M. J. LITTLE, cCity Clerk '��p By: Carolyn L. Wentzell Deputy City Clerk 6 NOTICE OF ADJOURNED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an Adjourned Regular Meeting on Friday, June 28, 1968, at 4:00 P.,M. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider the following matter: 1. Tidelands Litigation Dated: June 27, 1968 JOSEPH C. GIANNINI, Mayor City of Morro Bay, California MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting June 28, 1968 4:00 P. M. City Hall Conference Room The meeting was called to order at 4:05 P. M. by Mayor Giannini. ROLL CALL: PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery, and.Mayor Giannini ABSENT: None Mayor Giannini declared the meeting open for discussion before adjourning into executive session. Councilman Donohob stated that'the Council hadn't confirmed Council- man Mallery's attendance at the State,Lands Commission meeting in Sacramento on July the%1.7th. He also stated that he would like to attend this meeting. 4 ) i MOTION: Councilman Mallery moved that Councilmen Donohoo, Keiser, and himself be authorized to .attend the meeting in Sacramento and that they be compensated for their expenses. Councilman Bickford seconded. -Motion unanimously carried. Councilman Bickford stated that the parking area at the A & W Drive -In had been paved before a lease agreement had been drawn up. Councilman Mallery explained that the contractor had'been there ahead of schedule and had offered to do the job at a cheaper rate; so Mr. Scovell had gone ahead with the paving. MOTION: Councilman Bickford moved that the City notify Mr. Scovell. to do nothing further with this piece of property until negotiations are worked out with the City. Mr. Little informed the Council that the property was insured. Mayor Giannini felt that the City could let Mr. Scbvell use the property until he could come up with a satisfactory agreement. Discussion was held regarding the feasibility of this policy. Mr. Madden was asked for a legal opinion and he replied that perhaps the best solution would be to set up a rental program until a lease agreement could be worked out. The Council was in agreement that Mr. Scovell had made a mistake by going ahead without authorization, but that'the lease would still' be granted to him. Councilman Keiser seconded the motion. Roll call.vote: AYES: Councilmen Bickford and Keiser NOES: Councilmen Donohoo, Mallery, and Mayor Giannini MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting June 28, 1968 Page Two MOTION: Councilman Mallery moved that since insurance was in effect the Council allow Mr. Scovell to use the property over the holidays and that he be informed to do nothing further with this property until.a plan and a lease is negotiated. Councilman Donohoo seconded the motion. Roll call vote: AYES: Councilmen Bickford,:Donohoo, Mallery; and Mayor Giannini NOES: Councilman Keiser Mr. Little suggested a rental fee of $25'.00 per month. Council directed him to procede with the lease agreement. Councilman Mallery stated=that he had an item of information to present to the Council. He reported that Mrs. Romero was unhappy because she had been charged -for water. She stated that promises had been made by staff that the road would be blacktopped and a chain link fence would be put up around her property. However, the City agreement had only included that the,road would be redrocked and graded and that she would be furnished.with the first-1600 cubic feet of water and'she would have to pay for any over -that amount.. Discussion was held regarding this matter. MOTION: Councilman Bickford moved that the meeting be adjourned to executive session: Councilman Donohoo seconded. Motion unanimously carried. , ADJOURNED TO EXECUTIVE SESSION: 4:25 P.M. RECONVENED: 5:17 P.M. Mr. Madden presented the Final Settlement Agreement with the State of California which had been discussed in executive session together with a resolution authorizing execution thereof. RESOLUTION NO..36-68. RESOLUTION AUTHORIZING EXECUTION OF FINAL SETTLEMENT AGREEMENT WITH STATE OF CALIFORNIA MOTION: Councilman Bickford moved that the resolution be read by title only. Councilman Mallery seconded the motion. Unanimously carried. Mr. Little read Resolution No. 36-68 by title only. MOTION: Councilman Bickford moved for the adoption of Resolution No. 36-68. Councilman Keiser seconded the motion. Unanimously carried. Councilman Keiser asked when the City was going to consider how to finalize the Embarcadero improvements. Mr. Madden stated that the Council should give consideration to this matter because of the time limits and the increase in rentals accruing to the City. Lengthy discussion was held regarding the settlement of the pending litigation. Mr. Madden stated that it would be at least the first of September before the Pipkin case could be finalized. He felt that three other cases would be dismissed soon. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting June 28, 1968 Page Three Councilman Keiser asked if it would be possible to take out of the unbudgeted fund the remainder of money necessary after getting money from all other sources and let the money from taxes go into this. Councilman Mallery felt that the people would not.approve of taking the money out of the general fund to put into the harbor.They would feel that it should be spent for the welfare of the whole City and not just a portion of it. Mr. Madden stated that the -City was under contractual obligation in ending the litigation to do this. Mr. Little stated that the waterfront would pay the money back over a period of years through the increase of 'lease rentals. Councilman Mallery felt that engineer's studies should be made on' this project as agreed upon in stipulations -'so that the Council would know how far they could go on this program. Staff was advised to coordinate with Mr. Taylor and decide what should be the first engineering program and get an idea on the costs involved. MOTION: Councilman Bickford moved'to adjourn the meeting. -Council- man Donohoo.seconded the motion. Unanimously carried. The meeting was adjourned at 5:50 P,M. RECORDED BY: M. J. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING June 25, 1968 7:30 P. M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call ladMikiloks 1. Adjourned Regular Meeting of June 7, 1968 2. Regular Meeting of June 11, 1968 3. Adjourned Executive Session of June 11, 1968 4. Special Executive Session of.June 17, 1968 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 Mr., Ned Rogoway on Census Block Statistical Program B-2 Report on Dawson Street waterline by City Engineer B-3 Appearance of Mildred Graham Conger regarding lease site sublease B-4 Report'on Improvement•District No. A by City Attorney UNFINISHED BUSINESS C-1 Ordinance No. Adopting Final Budget for Fiscal Year 1968-69 C-2 C. A. P. Building NEW BUSINESS D-1 Emergency Ordinance for Morro Rock Campground (first reading) D-2 Proposed Float on Lease Sites 71W and 72W CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meetings: July 9 and 23, 1968 2. Planning Commission Meetings: July 2 and 16, 1968 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 25, 1968 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 adjourned regular meeting of June 7, the regular meeting of June 11, and.the special: executive session of June 17, 1968, were considered by the Council. Mayor Giannini stated that the minutes of the adjourned executive session of June 11, 1968, were not ready for consideration and asked if there were any corrections or additions to be made to the minutes. Councilman Mallery stated that the words "1931 Majority Protest Act" on the last paragraph of page 2 of the minutes of the adjourned regular meeting of June 7, 1968, should be changed to read "1911-13 Bond Act". MOTION: Councilman Donohoo moved to approve the minutes as amended. Councilman Mallery seconded. Motion unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION: A-1 City Council (a) Councilman Mallery stated that the Council needed to get into a program of upgrading the water mains and hydrants in the north part of the City. He remarked on the high cost of insurance in the Atascadero Beach and Del Mar areas where the Fire Underwriter's rating is 9 compared to the 7•,rating of the rest of the City. He felt that it might be a greater saving to improve the water system and get the ratings lowered than it would be to make a tax reduction. (b) Councilman Keiser commented on calls she had received from.the waterfront regarding the inadequacy of restroom facilities. She stated that money has been budgeted for this and she would like to see the staff start'some.action on the matter. Mr. Doug Stuart stated that there are four permanent facilities on the waterfront from Morro Rock to the boat launching ramp and that there is a double chemical unit by the City pier. He also stated that he could not.suggest at this time how many more facilities would be needed. Mr. Little stated that the City staff would proceed on this project as soon as the budget was approved. ' • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 25, 1968 Page Two (c) Councilman Keiser commented on abandoned vehicles. She cited Mor Motel where there were several such to do something about this problem. the problems caused by an area near the Casa autos and asked the staff Mr. Little stated that the staff was aware of this and was very concerned. He stated that the'City'had adopted an ordinance pro- hibiting the abandonment of such vehicles, but has not been able to tell people what to do with these autos. He asked for an opinion from Mr. Ned Rogoway, Planning Director. Mr. Rogoway stated that this problem is county -wide. The County has proposed acquisition of some Federal property in the center of the County that would be available for the placement.of wrecked vehicles. The County is in the process of acquiring the property and it may be another two months before the application is approved. He stated that the County would administer the program and the City could take advantage of it as soon as the property was acquired'. Councilman Mallery asked about the possibility of taking the vehicles out on the ocean and dumping them. Mr. Rogoway stated that the present State law prohibits this. He felt that the State agencies would step in if this were attempted. He further stated that the obligation of removal of these vehicles was placed on the owner and not on the City. Discussion was held regarding measures that could be taken in this matter. Councilman Keiser asked if it would be possible to have a piece of ground belonging to the City.that could be used for this purpose. Mr. Little stated that the ordinance was instigated after the State legislators made certain concessions in this'field and was done with the expectation that the County graveyard would be available shortly. He reviewed the problems involved in trying to dispose of these cars. Councilman Mallery asked if there would be a charge made by the County for the use of this piece of property. Mr. Rogoway stated that an attendant would have to be hired and, some equipment would have to be maintained for the program, so'a charge would have to be made by the County. He stated that it would be a good idea to advise the Bureau of Land Management of this pro- blem and ask their help and cooperation in getting this.matter . attended to quickly. MOTION: Councilman Keiser moved that the City of Morro Bay write a letter to the Bureau of Land Management asking for, their cooperation: a duplicate with a cover letter to be sent to Burt Talcott and a copy of the letter sent to Supervisor Kidwell. Councilman Bickford seconded the motion. Unanimously carried. (d) Mayor Giannini asked that the Council approve Doug Stuart as an alternate for the San Luis Obispo Water Resources Advisory Committee. MOTION: Councilman Bickford moved to approve Doug Stuart as the alternate on the San Luis Obispo Water Resources Advisory Committee., Councilman Mallery seconded the motion. Unanimously carried. - MINUTES - MORRO BAY CITY COUNCIL' Regular Meeting 'June 25, 1.968 Page Three (e) Mayor Giannini cited instances indicating the safety hazards involved on the Atascadero Road.where the Shell and Standard Oil stations are located. Discussion was held with Doug Stuart, acting Public Works Director, on this matter. Mr. Little stated that the City should advise the Division of Highways of this problem and ask them to investigate the matter. He suggested that a.letter be written to them. Council directed staff to write a letter to the Division of Highways. A=2 City Attorney (a) Mr. Madden stated that the State Lands Commission Meeting scheduled to be held on July the 15th, would be held on the 17th, in Sacramento at 10:00 A. M. He stated that he would be there and he suggested that it might be advisable to have a delegate or delegation from the Council attending this meeting. He felt that all avenues available for the proposed harbor improvements should be explored. Mayor Giannini stated that Councilman Mallery had indicated that he would like to attend the State Lands Commission Meeting and Councilman Keiser had indicated that she would also like to attend. He appointed these Councilmen as a delegation to attend.the meeting. (b) Mr. Madden suggested that the meeting be adjourned to -. another date for the purpose of reviewing in detail and in depth the Tidelands Litigation. He suggested that the meeting be held on Friday, June 28th, at 4:00 P. M. in the City Hall Con- ference Room. A-3 City Administrator (a) Mr. Little stated that he had been presented with several bills from Mr. Kardel for legal services and that these bills would be held for payment until they were examined by Mr. Madden. (b) Mr. Little announced the results of the bid openings for Improvement District No. 3. The low bid was received from C & S Construction Company in the amount of $52,695.74 which was lower than the City Engineer's -estimate. (c) Mr. Little read a letter of resignation from Mr. James Froggatt, Chairman of the Parks & Recreation Commission. The resignation is effective immediately. Mr. Little stated that he had done some checking into the'ordinance and the terms of office of the members of this Commission. The terms of two members, Mrs. Rita Anderson and MrsF Vanita Jones, will expire this year. He reviewed the terms of the other Commission members and stated that two members must be appointed or re -appointed and the vacancy left by Mr. Froggatt''s resignation must be filled. He stated that a memo would be prepared and sent to -each Council member stating the vacancies which need to be filled and the Council could consider appointments at the next meeting. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 25, 1968 " Page Four MOTION: Councilman Donohoo moved to direct Mr. Little to prepare the necessary information. Councilman Keiser seconded the motion. Unanimously carried. (d) Mr. Little reviewed the circumstances surrounding the lease of the property from P.G. & E.,for the benefit of the Council and those present. He stated that P.G. & E. has agreed to terminate the lease. ' MOTION: Councilman Donohoo moved that the City Administrator be directed to write a letter to P.G. & E. expressing the City's appreciation in the cancellation of this lease. Councilman Mallery seconded the motion. Unanimously carried. (e) Mr. Little presented the expenditure report for the period June 1, 1968 through June 15, 1968 for the approval of the Council. MOTION: Councilman Bickford moved for approval of the expenditure report for the period. June 1, 1968 through June 15, 19681. Councilman Donohoo seconded the motion. Unanimously carried. (f) Mr. Little read a letter from Police Chief Holeman requesting authorization and compensation for Policewoman Steffie Evan's attendance at a meeting of the Women's Peace Officer's Association in San Francisco on July 27th. The meeting would include a Police Officer's Standard Training Class and a tour of San Quentin. It was felt by the Police Department that this would be beneficial to the City and the total cost would be $61.50. MOTION: Councilman Keiser moved that the Council authorize Steffie Evans to attend this meeting•and to compensate her for the trip. Councilman Mallery seconded the motion. Unanimously carried. (g) Mr. Little read a letter from Mr. Palmer Peterson•requesting approval of his present lease on lease sites 74 and 74W to an acceptable purchaser with the purchaser having the option to renew at the end of the expiration or to accept the new lease now being prepared if it proves to be more acceptable. Mr. Madden stated that he saw no reason that the present lease permiting assignment can not be approved for assignment to an acceptable successor. Mr. Littlr stated that Mr. Peterson's lease is an assignment from an original lease to Siminon which has a renewal clause for 15 years based on one year for each $1,000 investment. The problem with Mr. Peterson's property is should the existing residence be considered an improvement according to the terms of the lease. He felt that the City was not in a position at the present time to discuss the renewal of this lease. MOTION: Councilman Donohoo moved that the Council•defer action until the City Attorney has an opportunity to study the situation and advise of his decision. Councilman Keiser seconded the motion. Unanimously carried. (h) Mr. Little reviewed the request of the City Council that a joint meeting of the City Council and the Planning Commission be held at the convenience of both.groups. This had been brought to the attention of the Planning Commission at their MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 25, 1968 Page Five meeting of June 18 and they had suggested that the meeting be held on Monday, July 1, 1968 if this was convenient for the Council. MOTION: Councilman Bickford moved that the Council accept this date and meet with the Planning Commission on July 1. Councilman Mallery'seconded the motion. Unanimously carried. Staff was directed to clarify as:to the meeting place. n Councilman Keiser asked Mr. Madden if he could be present at this meeting and he indicated that•it would not be possible for him to attend. B-1 Appearance of Mr. Ned Rogoway on.Census Block Statistical Program Mr. Rogoway stated that the Planning Commission,had reviewed the communication from the United States Census Bureau advising them of the program available during .the 1970 census which would greatly increase the statistical information gained from the census. Additional information obtained from this study would be available to each jurisdiction at a nominal costa The Planning Commission had recommended participation in.this program. However, since that time, the Board of Supervisors have decided that this program should be done county -wide and they have agreed to pay for the program on that basis. The County will charge the cities who wish to participate in the program for the IBM costs. The County will'be required to.furnish maps which will divide the City into blocks and in order to integrate this into the IBM, it will be necessary for the City to prepare certain maps. Discussion was held among members of the Council and Mr. Rogoway concerning the questions to be asked and the procedure to be followed in taking this census. Mr. Rogoway stated that the only participation necessary was the preparation of the needed maps. MOTION: Councilman Keiser moved that the staff cooperate with the County in preparing the necessary maps for the City's participation in this program. Councilman Bickford seconded the motion. ,Unanimously carried. • B-2 Report on Dawson Street waterline by City Engineer Mr. Taylor reviewed the action already taken in.order to get water on Dawson Street. He suggested that the simplest way would be to add -.this area to Improvement District No. 3. He also suggested that this matter be held over until'the July 9th hearing; and if at that time District No. 3 is protested, a separate district could be formed. MOTION: Councilman Donohoo moved .that this be held in abeyance until after the July 9th hearing and if District. No. 3 is not protested, that this area be added to it. Councilman Mallery seconded the motion. Unanimously carried. B-3 Appearance of Mildred Graham Conger regarding lease site sublease (withdrawn) Since the applicant had withdrawn the request, no action was taken. E MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL June 25, 1968 B-4 Report on Improvement District No. 4 by City Attorney Mr. Madden stated that he had reviewed the situation and discussed it with Mr. Sam Taylor. He stated that the preliminary engineering design has been accomplished and he felt it would be advisable to engage City bond counsel as attorneys on this matter in order to procede to a protest hearing. However, he felt it was entirely possible that this could be broken up into several districts. He stated that the district should not be proceeded with unless the Council felt it was desirable. Councilman Mallery read from the minutes of June 7th regarding his feeling that this matter should be brought to a protest hearing only to determine the feeling of the people involved. He questioned what perogatives the Council would have if this district is protested. Mayor Giannini stated that the Council could cancel the program at any time. Councilman Keiser asked if the City could withdraw from the program if 60% of the people wanted the improvement district. She asked if the Council could vote it down even if the majority of the people were in favor of the,.program. Councilman Mallery stated that he had ieviewed'the matter with people in this district and he got the impression that there was a large number of people who were not in favor of this deluxe program. So, rather than to put something on people that they could not afford, it was his feeling that the area'should be broken down into several improvement districts. Mayor Giannini felt that a questionnaire should'be sent out and an opinion obtained from the .people. Mr. Madden suggested that the questionnaires be sent out and the City wait for the results before appointing bond counsel. . Mr. Taylor pointed out that the City is not sending out questionnaires at this time. This has already been done some time ago. Bond counsel is now necessary to has procedings under the,1931 Majority Protest Act. He stated that the assessment spread had been obtained without the authorization under the Majority Protest Act. Mr. Madden stated that if the Council intends to go through the Protest Act, bond counsel is necessary. He felt that the Council wanted to give the engineer's assessment figure to all the property owners to determine whether or not people in given areas wanted this work to go ahead. He suggested that the Council pass on this matter at the next meeting. Mr. Harold Bare of Stone and Youngberg stated that the procedings to date have been done without the usual legal steps. He urged the appointment of bond counsel. He reviewed procedures.that could be followed in forming this district and stated that his recommen- dations to engage bond counsel were based on the fact that this would enable more people to express their feelings than voting on the matter would. The cost of bond counsel would be $1,000. 0 MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL June 25, 1968 Councilman Bickford felt that engaging bond counsel would be the most desirable procedure because the information would be presented factually and to everyone. He felt that it would cost the City the'same amount to do the work themselves. Mr. Madden stated that if the City did an engineering survey, this same bond counsel would have to be engaged later if it was decided that the district should go through. Councilman Mallery questioned felt that the district should spending the money. the desirability of the program and be reduced now rather than after Mayor Giannini felt that the Council should get the matter started and find out exactly how the people felt about it. Mr. Bare stated that the procedure to be followed under protest hearing was that all protests filed with the City Clerk are read into the minutes. Also, in order to help the Council in making a determination, the engineer and staff will color in with red,pencil. each parcel represented by a protest. Any changes that the Council would desire to make at that hearing may be made and would not require any further hearing unless the changes would increa'se.,any individual assessment. Dividing the district would increase the individual assessments. He reviewed the procedure to.be followed in the event this happened. MOTION: Councilman Bickford moved that the Council authorize employment of bond counsel to formulate the district to the extent that the majority protest hearing be held. Councilman Keiser seconded the motion. Mr. Jess South spoke from the audience regarding the reduction of taxes and using that money for better fire hydrants and water mains. He felt that the water mains should have first consideration. He felt the area should be divided into several districts and was against hiring bond counsel. Mr. Madden stated that no bond can be successfully marketed for improvements without the qualified legal opinion of bond counsel.. Mr. Little stated that he had a resolution authorizing the hiring of bond counsel. Councilman Bickford withdrew his motion and Councilman Keiser with- drew her second. RESOLUTION NO. 35-68. RESOLUTION APPOINTING SPECIAL BOND COUNSEL TO PREPARE DEBT LIMIT PROCEEDINGS IN CONNECTION WITH PROPOSED IMPROVEMENT DISTRICT NO. 4, CITY OF MORRO BAY, SAN LUIS,OBISPO COUNTY, CALIFORNIA. Mr. Little read Resolution No. 35-68 in its entirety. MOTION: Councilman Bickford moved to adopt Resolution No. 35-68. Councilman Keiser seconded the motion: Roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Giannini NOES: Councilman Mallery Mayor Giannini stated that this was a method of finding out the opinion of the people in the district and for that reason alone bond counsel was being hired. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 25, 1968 Page Eight C-1 ORDINANCE NO. 73. AN ORDINANCE'ADOPTING A :.BUDGET FOR THE FISCAL YEAR 1 668-69 MOTION: Councilman Mallery moved that the ordinance be read by title only. Councilman Donohoo seconded the motion. Unanimously carried. Mr. Little read Ordinance No. 73 by title only. MOTION: Councilman Mallery moved for the adoption of Ordinance No. 73. Councilman Donohoo seconded the motion. Councilman Bickford stated that there were areas of this budget that he was not in agreement with. In general, he felt that the Council was making a mistake by not providing for a cost of living raise for the employees. This -was the reason he was going to vote against adopting the budget. Councilman Keiser stated that there was not included in the budget any litigation money except for the regular fees for the attorney; however, her vote was going to be affirmative. Roll call vote on motion: AYES: Councilmen Donohoo, Keiser, Mallery, and Mayor Giannini NOES: Councilman Bickford C-2 C. A. P. Building Councilman Mallery stated that he had contacted the owners of several buildings, one of them, Mrs. Copeland, had indicated that she would be willing to rent the old Yarn & Yardage Building for $100 per month for a 12 month period if the City would clean and paint the interior of the building. Mr. Mallery stated that he had contacted the Boehms regarding the former C. A. P. Building and they had indicated that there was a possible sale for the building. He felt that the staff should look into the matter further before determining what action to take. Discussion was held regarding.the possibility of using Fire Station No. 2 for this purpose. Bill Payne, a member of the Chamber of Commerce Board of Directors, was asked regarding the possibility of the Chamber of Commerce using the same building as C. A. P. He stated that he had not been contacted previously on this matter and he could not act for the Board of Directors and he felt he could not discuss this with- out knowing all the details. Tod Stoutenborough of C. A. P.. stated that the old Yarn & Yardage Building would be acceptable to C. A. P. and the consolidation of several groups was agreeable. MOTION: Councilman Bickford moved that the Council accept the offer of $100 per month for the next 12 month period and staff be authorized to consumate lease procedings. Councilman Donohoo seconded the motion. Unanimously carried. MINUTES - MORRO BAY CITY COUNCIL . Regular Meeting June 25, 1968 Page Nine D=1 Emergency Ordinance for Morro Rock Campground.(first reading) ORDINANCE NO. 74.AN ORDINANCE AMENDING TITLE'VIII OF THE MORRO BAY MUNICIPAL CODE Mr. Madden read Ordinance No. 74 in.its entirety MOTION: Councilman.Donohoo moved that this constitute the first reading of Ordinance No. 74. Councilman'Mallery seconded the motion. 'Roll call vote: AYES: Councilmen• Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini NOES: None D-2 Proposed Float on Lease Sites 71W and 72W Mr. Little stated that it -would be necessary ,for the,Council.to approve and then send to the Corps of Engineers�a sketch of the proposed float to be installed on lease sites 71W and 72W'..'by Mr. - and Mrs. Davis. He stated that this was a permitted use of that lease site and the float is to be used for the dockage of boats. MOTION: Councilman-Mallery moved for approval of -the sketch of the proposed usage'of lease sites 71W and 72W. Council- man Donohoo seconded,the motion. Unanimously carried. D-3 Councilman Mallery read a legislative bulletin from the Added) League of,California Cities regarding Senate Bill No. 425. MOTION: Councilman,Mallery moved that the Council instruct the staff to.send letters recommending support of this bill to members of the legislature..` Councilman Donohoo seconded the motion.'• Unanimously carried. CORRESPONDENCE: 1. Letter to Department of Public Works from the Morro Bay.Yacht. Club thanking the harbor patrolmen for assistance rendered on June 24, 1968. Councilman Mallery stated that there had been two-incidents.of buoys ' outside shallow water. Two vessels have been.hit and damaged. --Mr. Stuart was.asked to advise the Coast Guard of this matter. Councilman Keiser stated that the Council had reduced the rental rates on lease sites 59,60, 59W, and 60W for the Morro Bay Yacht Club and they are not maintaining the property properly. She felt that staff should look into this matter.' Mayor Giannini remarked on the depositing of sand from dredging'by the Corps of Engineers on P. G. & E. property. He stated that the` Corps had no choice in the matter and that a letter of protest . would have stopped the whole proceeding. The sand would not.be dumped in the same place it was last year, however. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 25, 1968 Page Ten Councilman Mallery stated that Council should direct staff .to look at the area by P. G. & E.'that was filled last time and. see if the City could do something to alleviate .this problem. Staff was instructed to'investigate the matter. 2. Letter from the American Public Works Association extending an invitation to the Public Works Director to attend a no- host charter dinner meeting at.the Santa Maria Club on., - Friday, June 28. Mayor Giannini suggested that Mr. Stuart be authorized to attend this meeting. MOTION: Councilman Donohoo moved to'authorize Mr. Doug Stuart to attend this meeting. Councilman,Mallery seconded. the motion. Unanimously carried. 3.. A copy of the minutes of the Fish and Game Commission meeting of March 1, 1968 4. A copy of the agenda for the Fish &.Game Commission meeting of June 28, 1968._ 5. Letter from Holmin Corporation regarding''a._portable sound system. a MOTION: Councilman Bickford moved to -file the correspondence. Councilman Donohoo seconded the motion. Unanimously carried. ADJOURNMENT: MOTION: Councilman Keiser moved to adjourn the meeting to an adjourned meeting on Friday, June 28, 1968, at 4:00 P. M. in the City.Hall Conference to discuss litigation. Councilman Donohoo'seconded the motion. Unanimously. carried. The meeting was adjourned at 9:43 P.'M. RECORDED BY: M. J. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that a special meeting of the - Morro Bay City Council will be held on Monday, June 17, 1968, at 1:00 P.M. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider the following matter: 1. Personnel DATED: June 12, 1968 JOSEPH C. GIANNINI, Mayor City of Morro Bay,,California BY CAROLYN.L. WENTZELL Deputy'City Clerk CITY OF MORRO BAY , AGENDA.- CITY COUNCIL MEETING June 11, 1968 7:30'P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call. MINUTES 1. Regular meeting of May 28, 1968 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 retirement policy for City employees B-2 Report on use of City property north of A &.W Root Beer Drive -In UNFINISHED BUSINESS" C-1 C. A. P. Building NEW BUSINESS D-1 Request of Lions Club for Use Permit for Gayway during Rock-O-Rama D-2 Summertime Student Help D-3 Channel Dredging by Corps of Engineers CORRESPONDENCE ADJOURNMENT „ CALENDAR 1. City Council Meetings: June,25, 1968 2. Planning Commission Meetings,: June 18, 1968' MINUTES - MORRO BAY CITY COUNCIL. > Regular Meeting , June 11, 1968 - 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: J The minutes of the regular meeting of May 28, 1968, were considered by the Council. Mayor Giannini asked if there were any corrections or additions to be made to,said.minutes.- Councilman Donohoo stated that the.words "Mr. Little" in the motion on page three regarding savings bonds and dues deductions from the employees' paychecks should be changed to "Mr. Ludemari"; and also that the minutes should include the appointment of Mr. Donohoo to serve on this committee. MOTION: Councilman Mallery_moved that the minutes be approved as ` amended. Councilman Donohoo seconded. Motion unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION: A-1 City Council (a) Councilman Mallery commented on the problems of a lack of communication and the animosity shown at Council" meetings. He felt that when someone presented an opinion, it should be respected. He suggested that the Council try harder to keep animosity out of the meetings. Councilman Keiser stated that she was in agreement and that she also felt that the Council should be very careful in their communications with the people of the community, to avoid creating friction. Councilman Mallery commented on the problem of rumors and stated that these should be carefully checked out before accepting them as facts. - (b) Councilman Bickford stated that he had received the minutes from the meeting of the League of California Cities' Committee on Tidelands. He stated that he•would make a report: on this at the next Council meeting. (c) Mayor Giannini introduced Mr. Bill Deaver, Administrative Assistant to William Ketchum. Mr. Deaver stated that his office was in Bakersfield, but that he would be in this area as often as possible. C 71 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 11, 1968 Page Two (d) Mayor Giannini stated that he felt a joint meeting with the Planning Commission would be in'order. This meeting would provide an exchange of ideas. MOTION: Councilman Keiser moved that the City Council have a joint meeting with the Planning Commission and that the City Administrator set a date that would be convenient to all concerned. Councilman Bickford seconded. Motion unanimously carried. (e) Mayor Giannini spoke regarding the Air Pollution Committee' and the appointment of Councilman Bickford to serve on this committee. He also stated that he would like to appoint an Audit and Finance Committee to•make a detailed.study of each department in the City with respect to operations. Councilman Keiser felt that the City Administrator had been hired for this purpose. Mayor Giannini stated that he wanted to.set some policy on this matter. 'Councilman Mallery was in agreement. Councilman Bickford felt that the appointment of this.committee was redundant. MOTION: Mayor Giannini moved that the Council instruct the Audit and Finance Committee to conduct a survey of all City Departments in an effort to ascertain if there.are any duplications of records which are kept in the City Hall. Findings and recommendations are to be reported to the City Council for consideration. - Discussion was held among members of the Council regarding the duties of this committee. Councilman Mallery;seconded the mot•ion.: "`,Roll call voter AYES: Councilmen Bickford, Donohoo, Mallery, and Mayor Giannini NOES: Councilman Keiser Mayor Giannini appointed Councilmen Donohoo and Mallery to serve on this committee. (f) Councilman Donohoo stated that under the rules of the City Council set up by resolution,'tlie appointment of all committees should be made by the Mayor and confirmed by the Council. Councilman Mallery suggested that each committee be voted on by the Council at this time. 1. Air Pollution Committee MOTION: Councilman Donohoo moved that the appointment of Councilman Bickford to -this committee be confirmed. Councilman Mallery seconded. Motion unanimously carried. . 2. Airport Committee MOTION: Councilman Donohoo moved to confirm appointment of Council- man Mallery to this committee. Councilman Bickford seconded. Motion unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 11, 1968 Page Three 3. Ambulance Committee MOTION: Councilman':Donohoo moved to confirm appointment of Council- men Keiser and Mallery to this committee. Councilman Bickford seconded. Motion unanimously carried. 4. Harbor Litigation Committee MOTION: Councilman Mallery-moved to confirm appointment of Council- man Bickford and Mayor Giannini to this committee. Council- man Keiser seconded. Motion unanimously carried. 5. L A F C 0 Mayor'Giannini reported 'that he had attended;'a'Mayor's,meeting in Arroyo Grande, at which time Barney Schwartz was appointed to this committee. However, in the future a representative from Morro Bay may be included on this committee. 6. Library Committee" Mayor Giannini stated that this committee would be left open until, the next meeting. 7. Office of Economic Opportunity Committee MOTION: Councilman Mallery moved to confirm the appointment of Councilman Keiser to serve on this committee. Councilman Bickford seconded. Motion unanimously carried.. 8. San Luis Obispo County & Cities Area Planning Council MOTION: Councilman Mallery moved to confirm the appointment of Councilman Bickford. Councilman Donohoo seconded., Motion unanimously carried. MOTION: Councilman Bickford moved to confirm the appointment of Councilman Donohoo as alternate for this committee. Councilman Mallery seconded. Motion unanimously carried. 9. Recreation Committee MOTION: Councilman Donohoo moved to confirm appointment of Council- man Keiser to this committee. Councilman Mallery seconded. Motion unanimously carried. 10. Water Committee MOTION: Councilman Donohoo moved that Mayor Giannini be appointed to this committee. Councilman Keiser seconded. Motion unanimously carried. 11. Chamber of Commerce Committee Councilman Bickford stated that he had been appointed to serve on this committee with Mr. Little. He asked the City Attorney, if a Councilman or the City Administrator should have any say in the expenditure of Chamber of Commerce monies. Mr. Madden stated that it was not in order to anyone serve in this capacity. He felt that the Chamber of Commerce should remain independent from the City Council. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 11, 1968 Page Four MOTION: Councilman Keiser moved that the City Council inform the Chamber of Commerce of their decision to remain independent. Councilman Mallery seconded. Councilman Bickford felt that the Chamber of Commerce should present a more detailed account of advertising expenditures to the Council. Councilman Bickford amended the motion to include this. Councilman Keiser agreed. Councilman Mallery amended the motion to include a quarterly report to be presented to the Council prior to quarterly payments from the City. Councilman Keiser accepted this amendment. Motion unanimously carried. A=2 City Attorney (a) Mr. Madden reported on his meeting with Mr. Ludeman and* Chief of Police Holeman regarding the establishment of a policy for Morro Rock Campground. They reviewed the Uniform Traffic Ordinance'and the Camping Ordinance and decided to add a paragraph following paragraph 8618 of Ordinance No. 9 to prohibit standing or stopping in areas on public property as designated by resolution of the City Council. He stated that this could be introduced as an emergency ordinance. MOTION: Councilman Mallery moved that this ordinance be intro- duced as an emergency ordinance at the next meeting and be adopted at the second meeting. Councilman Bickford seconded.' Motion unanimously carried. , Mr. Madden also stated that he would have at that time a resolution for the particular area in question -- the Morro Rock Campgrounds. A map would be attached to the resolution designating the exact area where standing or stopping would be prohibited. (b) Mr. Madden 'reported on a meeting Iwith representatives of the California State Attorney General's Office and attorneys from the State Lands Department held in Los Angeles on June 7, 1968. The major subject was the review of steps necessary to conclude the litigation now pending between the County of San Luis Obispo and the City of Morro Bay. Mr. Madden stated that one of.the major items now is an actual description of what is called Harbor Fee Lands. These have been completed by Mr. Sam Taylor and -approved by him and checked by engineers from the State Lands Commission. He asked for approval of the description and the map designated No.- 68-29 delineating Harbor Fee Lands. Mr. Taylor presented the map. Discussion was held among members of, the Council and Mr. Madden regarding the parcels owned by private individuals. MOTION: Councilman Donohoo.moved that the Council approve the map and that it bb certified to the State. Councilman Mallery seconded. Discussion was held regarding the feasibility of separating parcels 7.and 2 for approval individually due to the inclusion of private property on the sandspit'. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting. June 11; 1968 Page Five Mr. Madden stated.that in order to implement the settlement agree- ment entered into by the City and County in December of 1966, it - is necessary that both descriptions be approved.: He stated that it was necessary to have a final description of the Harbor Fee Properties recognized by the State as having gone to.the County.of San Luis . Obispo and transferred -by the action of incorporation to the City of Morro Bay, which has to be finally decided, agreed upon, and included ` in any court judgement in the four pending City and County cases. Discussion was held regarding the boundaries of parcels 1 and,2. Councilman Donohoo withdrew the first motion. MOTION: Councilman Donohoo moved that the Council approve and authorize the Mayor and City Clerk to sign the parcel map designated 68-29 and approve the legaldescriptions of Parcels 1 and 2 of exhibit A a's initialed by'Mr. Taylor' and Mr. Madden. Councilman Mallery seconded. Motion unanimously carried. .. t The map was signed.by th'e'Mayor'and the Deputy City Clerk. A-3 City Administrator (a) Mr. Ludeman read�a letter from the'California Water Pollution Control Association informing the City that.two employees had' passed the exam f'or'Grade III Water Pollution Control Plant Operator. The Mayor presented certificates to Bob C. Conn and Myron E. Smith and extended the congratulations of the Association and the City Council. (b) Mr. Ludeman stated"that he had been asked to contact Pacific Gas & Electric Company 'regarding the lease of the well site. He stated that.Mr: Roy'Whitford has informed him that the lease will be cancelled viithin the -next three weeks. c (c) Mr. Ludeman presented the expenditure report for the period May 16 through;May'3T, 1968',for the approval of the. Council. MOTION: Councilman Bickford moved that the expenditure.report be ' approved. Councilman Mallery seconded. .Motion unanimously carried. HEARINGS, APPEARANCES AND REPORTS: B-1 Report on retirement policy for.City Employees Councilman Donohoo stated that the committee had made•a survey of several cities in the area, and with the exception of San Luis Obispo', all had established a maximum retirement age of 65. After study with the. City Employees' Association, the committee recommended th'e maximum retirement age of 65. MOTION: Councilman Donohoo moved to set the maximum retirement age for City employees at 65 with a provision that upon action of the City Council, the maximum may be extended in positions which are not hazardous. Councilman Mallery seconded. Motion unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 11, 1968 Page Six Councilman Donohoo also reported on the City Employees' Association request that savings bond payments and employees' dues be deducted from their paychecks. The committee's recommendations are that the plan to deduct savings bond payments be placed in force, and that the plan to deduct dues be denied. The recommendation to deny deduction of dues is based on these reasons: (1) IBM employee cards do not have space for these, (2) it would require.additional work in the Finance Department, (3) it is not felt that it would be, proper for the City to become involved in the collection of.any dues. MOTION: Councilman Mallery moved that the recommendations offered by the committee be implemented. Councilman Keiser seconded. Motion unanimously carried. B-2 Report on use of City property.north of A & W Root Beer Drive -In Councilman Donohoo stated that he had contacted Mr.•,Clayton Scovell who desires to lease this plot and has agreed to blacktop the property and landscape it to City specifications. Mr. Scovell would like a five year lease with a renewal option of an additional five years. No specific lease consideration was discussed. Councilman Donohoo stated that the City Council had letters from the organization of ABLE and the Tree Committee protesting this lease. He felt that if this were made into a green area, it would place a burden on the City Parks .Department. He also mentioned other expenses such as spraying, -planting, and landscaping this property. MOTION: Councilman Donohoo moved that the Council direct the City Administrator to work out a lease agreement with Mr. Scovell. Councilman Mallery seconded.' Councilman Mallery stated that the Council must be aware of the rising costs in maintaining greenbelts: He stated that the establish- ment of these areas should be planned very carefully. He felt that this lease would be good for the City and would give additional revenue. Councilman Bickford stated that he. was not in agreement with the, idea of leasing this to the A & W. He felt that existing parking was adequate for the drive-in. He. felt that if the lease was granted, Mr. Scovell would install additional enterprise to use this extra parking space. He stated that this should be considered by the Planning Commission before leasing it. Councilman Keiser stated that she has had several calls from people in favor of making this a green area. She felt that this property. should be kept as a greenbelt. Lengthy discussion was held among members of the Council regarding the feasibility of leasing this property. Mr. Scovell stated that he had no intention of building any more structures on the west side of his property, but that he needed this additional piece of property for parking space. He stated that if this was made into a green area, it would present a parking problem and the people would cause a litter problem. Mayor Giannini declared the meeting open for discussion. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 11, 1968 Page Seven Comments were heard from the audience regarding the safety hazard this extra parking would create. Also, it was suggested that perhaps the High School might want to make a project out of planting and maintaining this area. Mr. & Mrs. Jensen, Dorothy -Cutter, Robert Dunn of ABLE, and other representatives of ABLE spoke in favor of making this property a green area. Kit Walling read a letter in favor of a green area from Mr..& Mrs. Des Jardin who could not be present at the meeting. Mr. Hugh Case spoke in -favor of leasing the property. He felt that green areas attract vagrants and hippies and other undesirable people. ' Mr. Scovell stated that he had maintained the area and he felt that his drive-in was an asset to the City. He stated that if the City had put in a left hand turn lane for his drive-in, it wouldn't be presenting any traffic problem. Mayor Giannini stated,that he had looked at the area closely and he did not feel that the area would be greatly beautified by a small greenbelt on this piece of land. - Councilman Mallery stated, that the Council needed to determine whether to lease this property or not to lease it, and that this was the intention of the motion. Roll call vote on motion: AYES: Councilmen Donohoo and Mallery, and Mayor Giannini NOES: Councilmen Bickford and Keiser Councilman Mallery suggested that the rough agreement between the City and Mr. Scovell be presented at the next Council meeting for approval. UNFINISHED BUSINESS: C-1 C. A. P. Building Councilman Mallery stated that he had met with two members of the C.A.P. group on Monday and that there was a sale for the C.A.P. building if it was not going to continue to be used for this project. He stated that the question before the Council was how long the building could be used for this purpose. Councilman Mallery introduced Dick Heffner and Tod Stoutenborough who indicated that they were willing to take.on the project for the summer. They felt it would be worthwhile to continue. Mr- . Stoutenborough stated that the Council should determine whether this building can be used: if not, another building must be found. Councilman Keiser mentioned the possibility of getting a building large enough to use for both C.A.P. and the Grass Roots program if the present building could not be used any longer. It was the general feeling that this would be more satisfactory. Discussion was held regarding funds available for the two projects,and location of a building suitable for both uses. MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL June 11, 1968 MOTION: Councilman Donohoo moved that the Council turn this over to Councilmen Keiser and Mallery as a committee to investigate the possibility of securing a larger building to accommodate both projects. Councilman Bickford seconded. Motion unanimously carried. . RECESS: 9:27 P. M. NEW BUSINESS: RECONVENED: 9:34 P. M. D-1 Request of Lions Club for Use Permit for Gayway during Rock-O-Rama Mr. Ludeman read a letter from the Lions' Club requesting to use the parking lot on Front and.Surf Streets for a period of time between August 10 and September '3, 1968. MOTION: Councilman Mallery moved that the Council grant the request of the Morro Bay Lions Club for a Use'Permit. Councilman Bickford seconded. Mr. Hugh Case spoke regarding the policy of not allowing other service organizations within the City to put up booths in this area. Mr. Bob Johns, Lions Club Gayway Chairman; stated that the reason these organizations were denied access to the Gayway was that they had food booths and there were already food boths,within the Gayway. Councilman Mallery stated that it. was decided last year that these various clubs should appeal during the 12 month period before this question came up again. Roll call vote on motion: AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini NOES: None D-2 Summertime student.help Mr. Ludeman referred to the agreement form before the Council from the San Luis Coastal Unified School District. .He stated.that-in previous years, there had been girls working for the City and paid by the school. This program has been changed this year and the City is being asked to pay 33G per hour toward their wages. Councilman Donohoo stated that he had discussed this with Mr. Ludeman and he felt that there was room for two of these girls: one would work in the Harbor Office and one in City Hall. The cost in- volved would be $264 for the entire summer. MOTION: Councilman Mallery moved that.the'Council approve this project for two student helpers for the summer. Council- man Donohoo seconded. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 11, 1968 Page Nine Discussion was held regarding the feasibility of -having another - summertime girl who would work at the Fire Department, answering the telephone and typing reports. Roll call vote on motion: AYES: Councilmen Bickford; Donohoo, Keiser, Mallery, and Mayor Giannini NOES: None D-3 Channel Dredging by the United States Corps of -'Engineers Mr. Ludeman stated that Mr. Spellacy, Director of'Public Works, had received a call from the Corps of Engineers asking for the necessary documents to go ahead with the dredging of the channel. He stated that Mr. Madden had drawn up a resolution for this purpose. RESOLUTION NO. 33-68. RESOLUTION AUTHORIZING DREDGING IN MORRO BAY HARBOR AREA Mr. Madden read Resolution No. 33-68 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 33-68. Councilman Mallery seconded. _ Roll call vote.: AYES:Councilmen.Bickford, Donohoo, Keiser, Mallery, and Mayor... Giannini NOES: None Mr. Ludeman read a letter addressed to Mr. Spellacy from Pacific Gas & Electric Company protesting the depositing of sand from . dredging operations near'their. property. `The letter outlined the problems caused by these deposits. Discussion was held regarding movementlof sand on beaches and, the problems caused by the Corps of .Engineers placing more sand on the beach. No action taken by.the Council at this time.- D-4 RESOLUTION NO. 34-68..-RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR WORK RELATIVE TO CHANGE OF GRADE'AND STREET CONSTRUCTION ON MAIN STREET, SELECT SYSTEM PROJECT NO. 28. Mr. Ludeman read Resolution No. 34-68 in its entirety: MOTION: Councilman Mallery-moved for adoption of Resolution. No. 34-68. Councilman Bickford seconded.- Roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, Malleryy and Mayor Giannini NOES: None MINUTES - MORRO Regular Meeting Page Ten BAY CITY COUNCIL. ''June 11, 1968 D-5 Councilman Donohoo stated that on April 29th, a motion MCA ded) was made,by the Council that the Director of Finance be -instructed to discontinue furnishing members of the Council with monthly financial reports. He stated.that he had reviewed this action with the Finance Director and now feels that the Council .should have this report. He further stated that this report would only cost the City 60C per month. MOTION: Councilman Donohoo moved to recind the former action and to instruct the Director of Finance to furnish the Council members with copies of this report. Councilman Mallery seconded. Motion unanimously carried. D-6• Councilman Donohoo stated that he felt the Council should Tdded) set a policy on appropriations for budgeted items. He cited examples where the Recreation Department wanted to spend more than was budgeted for -one item and less than the amount budgeted for another item. He felt that it was not the intention of the Council to make the appropriation and then have the depart- ments spend the money differently. MOTION: Councilman Mallery moved that the.Council create an additional title for the Director of.Finance of "Purchasing Agent" for the City. Councilman Mallery stated that this would centralize the purchasing for the City. He felt that this would eliminate such purchases as the examples cited by Councilman Donohoo. Discussion was held regarding the responsibilities of the purchasing agent. Councilman Keiser stated that she felt Mr. Little should be consulted before creating:this:additional title. Councilman Bickford agreed. The motion died for lack of a second. No official action taken at this time. Councilman Mallery suggested that the Recreation Departmentbudget amount for paddle boards be reduced to $135.06 and all other expenditures be kept within the budget. CORRESPONDENCE: 1. Letter from Mr. W. C. Brown dated June 2, 1968 requesting that paragraph 3 of amendment dated January 7, 1968 to master lease for lease sites 78-81`and 78W-81W be'deleted. No official action taken. 2. Letter dated June 10, 1968, from Mr. Ned Rogoway, Planning Director, regarding the City's participation in the Census Block Statistical Program offered by the U. S. Census Bureau of 1970. Councilman Keiser stated that she felt this survey would be of value to the City. However, the Council would like to get more specific information as to the•data to be gleaned from this survey. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June•ll, 1968 . Page Eleven Mrs. Ruth Woll, a member of the,Planning Commission, stated that this had come before the Planning —Commission and a decision must be made very soon. She stated that it was the recommendation of the Planning Commission that the City Council'consider this program and approve the City's participation.. MOTION: Councilman Mallery moved to defer action until the next Council meeting. Councilman Donohoo seconded. Motion unanimously carried. 3. Letter dated June 10, 1968, from Mr. F. L.,Luttrell requesting water for Dawson Street. Mr. Luttrell stated that there were no water mains on Dawson. He had met with the water commissioner and officials of the City and it was pointed out that it would be necessary to petition the Council to get a water main. A petition was prepared and submitted. He has been informed by the City Administrator that this area has been incorporated into an overall improvement program. He was now requesting that this area be withdrawn from the overall program in order to get these improvements initiated. Mr. Luttrell stated that he was informed that if he could secure a given number of property owners, this would be assessed against all the owners in that particular area. This would be a separate assessment district. It was the feeling of the Council that it would cost twice the proposed $3500 improvements to put the matter.up to bond. The only other alternative would be for him to pay the $3500 and then be given credit when the others paid their share. Mr. Taylor stated that perhaps the procedure outlined to Mr. Luttrell was the possibility of forming a district under the short 1911 procedings by which every property owner pays for his portion; but for a small amount of money like this, it is financed by the City. Mr. Madden suggested that this matter be checked and a report be made at the next meeting. 4. Minutes of the Fish & Game Commission meeting of April 5, 1968. MOTION: Councilman Mallery moved to file the correspondence. Councilman Donohoo seconded. Motion unanimously carried. ADJOURNMENT: MOTION: Councilman Mallery moved that the meeting be adjourned to an executive session. Councilman Donohoo seconded. Motion unanimously carried. The meeting was adjourned at 10:45 P. M. RECORDED BY: CARL LUDEMAN, Actin .Cit Administrator �� 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; June 7, 1968, 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. Improvement District No. 4 Dated: May 31, 1968 JOSEPH C. GIANNINI, Mayor City of Morro Bay, California By: M. TTLE, City Clerk MINUTES.- MORRO BAY CITY COUNCIL Adjourned Regular Meeting, June 7, 1968 7.:30 P.M. Morro Bay Recreation Hall ; The meeting was called to order by Mayor Giannini at 7:30 P. M. with the Pledge of Allegiance. ROLL CALL: PRESENT: Councilmen Bickford, Donohoo, Keiser;,Mallery, and Mayor Giannini ABSENT: None Mayor Giannini stated that this was an 'adjourned meeting from the regular meeting of May 28, 1968; for the purpose.of discussion relative to Improvement District No. 4. He stated that it'w,as felt by many people that the proposed program was too ambitious and•that.the City Council wanted to come up with an alternate program that might prove more feasible. Mayor Giannini introduced Sam Taylor, City Engineer, who displayed a map showing the extent of Improvement District.No. 4. Mr. Taylor stated that all streets in the north part of the area have earth or redrock surfaces and that any'streets presently improved are not included in this improvement district. He mentioned the necessity of putting in first class streets in order to sell the bonds for this project. Proposedforall streets is a full width pavement,.. concrete curbs, and drainage structures where required. This area has a heavy adobe type„soil which makes street building difficult. Mr. Taylor stated that the estimates are based on first class streets. which would be accepted in the street system and would be maintained by the City. Mr. Taylor stated that on a typical 40 foot lot, the assessment would be $675: on'a 50 foot lot on Nutmeg, Avenue, where there is no sewer, the rate would be $1,227. He'further stated that the decision was up to-the.,people as to the extent of the improvements to be done. The.project as•propose'd•would have bonds. sold with a 15-year maturity. On a $1000 assessment, the first year payment would be approximately $120; and by the 15th year'the payment would have dropped to about $70. Mayor Giannini asked'if all the engineering has been done on this . project. ,.Mr. Taylor answered that no actual engineering'has been done as yet; the work's.o far has been based on observation of the area. The total costoof.the-project is estimated to be $1,200,060; but he felt that hopefully the estimate is 10% higher than the final figure. Mayor Giannini asked'for,comments from the Council. There being none, he opened the meeting for public, discussion. Mr. Jess South commented on the tax increase this program would place on the land owners., Under these circumstances he felt.that.the program was too expensive., He stated that lending agencies will not lend money on a bonded parcel unless the bond is -paid off separately, He was in favor of trying to get better streets but less deluxe improvements. MINUTES - MORRO BAY'CITY COUNCIL Adjourned Regular Meeting June 7, 1968 Page Two Mr. Leon Bryson of 2601 Maple.Street stated that he was in favor of the best streets possible. He mentioned the poor driving. conditions on these streets after a rain storm. Mr. T. E. Caughel of 449 Tahiti Street stated that his streets were redrocked and they were passible. He felt that the streets should be redrocked as this is a very inexpensive method and entirely suitable. Mr. F. L. Luttrell of Bakersfield who owns property'on Dawson Street stated that he has put in redrock which washes away each winter. He felt that these streets must be improved in order for Morro Bay to grow and become a.City where people would like to live. He stated that he had contacted about 30 people on Dawson Street and they had indicated by petition to the City Council that they, wanted to see this project initiated. Mr. Carl Lisko of 699 Paula Street mentioned that he was a building contractor and he,felt that someone like Mr. Luttrell who had much vacant land would be willing to•piy any price•to'get those lots improved. These improvements would be necessary in order to make a profit on the land. He stated that he had come to this particular area because it was not bonded or loaded down with assessments. He felt that possibly this.bond'•issue is because ,of a lack of mainte- nance on the local streets. He stated his feeling that he was entitled to simple maintenance on the streets by the City. He mentioned the fact that as the streets exist in front of his property it is impossible to back up a' car. He had complained to the City and to the Mayor about this matter.He felt that should this have to go to a bond issue, the interest would be terrific. He stated that it is impossible to get a bank loan on his property and that in order to sell, he would have -to carry the financing because. of the improvement bond. -He was in favor of 'a "maintenance only" program by the City. ' Dr. Theodore Petzold,of 3240 Main Street commented on the problem of mud on Main Street from the water rushing down the hill after a rain storm. He would like to see curbs and sidewalks on Main Street; but he would like to see them contracted and put in simply. He felt that if it was put on a bond issue,'by.the'time.the bond was paid, the amount would have doubled because of the interest over such a long period of time. He felt that streets should be graded and paved and in residential areas a rolled asphalt curb should be put in. He stated that he had received the letter sent out with his water bill asking if he approved of improvements to that area. He voted "yes" but he was not in agreement with the deluxe program proposed. He stated that the most inexpensive solution would be to put in a good street with redrock, then pave it and put in a rolled curb. He felt that a petition should go to all the people in the area and if a majority were in favor of the program, it should go through. * Councilman Mallery stated that the survey was made under the 1131 1911-13 03ond Act)MajOrity-PrOtBSt-ACE and they could not obtain enough favorable votes to go ahead with the project. Council felt that it would be possible. to go ahead with the whole area. He felt that one solution would be to break the area down into smaller improvement districts. *corrected at meeting of June 25, 1968 MINUTES - MORRO.,BAY .CITY COUNCIL~ Adjourned Regular Meeting June 7, 1968 Page Three Mr. Dixon -of 2630 Koa=Avenue stated that he had never heard mention . about •storm sewers.be,ing'put in and he felt that this was most important. 'He asked what was going to be done with the water that runs off from the hills. Councilman Keiser asked Mr. Taylor if this -had been taken into. consideration in the engineering plans. Mr: Taylor stated that it had been. Councilman Bickford felt that in order f'or'the project, to mean anything, proper drainage facilities and proper base for'the streets must be put in. These are the major items as far a's cost is concerned. He felt that it was impossible to do the job .halfway. Councilman Mallery asked why the City should 'go ahead with the project, if it is bound to fail when it is presented to the people. He felt that the majority of the'people were not in, favor of the .improvements suggested. Councilman Bickford asked the City Engineer what areas in the plan could be trimmed and still stay within the code governing this. Mr. Taylor stated that if.tkie streets were to be constructed'•according to the Subdivision Ordinance, sidewalks would be required.. He commented on completing the process and forming a -district and going ahead with the project. He stated that at this point most of -the preliminary work has been done. The report could be completed for a little more money than is already in it. Once the'people.have the assessment figure,.a hearing date could be set.and the people would have the opportunity to file a written protest before.the hearing. This would show:those for and those against the program. Mr. Don Opperman of 490 Island Street commented on the•difficulties involved with the streets covered with redrock as -they are now: He was against breaking the area down into several districts. Mr. Boyce Brown of 400 Island Street asked if there was any other alternative to this program. He felt that most of th'e people would like to have some improvements on their streets but they could not ' afford the cost of this program.and the high interest. He asked if it was possible to have an oiled street with gravel on it.. Councilman Mallery stated that if the City could collect taxes from ' property owners to put in lesser improvements,, one'of the problems., created would be that the streets would be substandard and the City probably could not afford to hire enough people to maintain them. Mrs. Fotter of 2501 Laurel Avenue stated -that she.was -very much in favor of having some improvements in the area. She stated that she couldn't get into her driveway if it rained,- 'and in the su�mertime the cars caused a great deal of dust. She also mentioned the safety factor involved because of the cars skidding in the loose dirt. Councilman Bickford felt that'if the City went to the expense of putting in stre'ets,'it would,be foolish not to put in curbs and gutters. Curbs must be put.in to channel the water or it.will wash the street away. He stated that the major expenses involved would be in grading for drainage and the base for;the roads. MINUTES - MORRO BAY CITY COUNCIL. Adjourned Regular Meeting June.7, 1968 Page Four I 1 1, .. Councilman Mallery stated that there are several streets in the' Del Mar area that are in the Select System. Under the Select System, Street Program, the City can spend gasoline tax monies. He'.st'ated., that it would be possible to make improvements on some of these Select System streets to take care of the drainage problems for one or two of the improvement districts. Perhaps the Select System Street Program might be developed to a point where the water might be channeled properly so that it would not destroy the roads at the bottom of the hill. He felt that the storm'drainage problems could be taken care of on the Select System streets.by spending gas tax ' monies. Discussion was held among the members of.the Council regarding the rights of the vacant lot owners under the Majority Protest Act. Mr. Butts who lives in the Harbor Front Tract spoke regarding how a similiar issue was handled in his area. The improvements had increased the value of the property in that area and he was very well satisfied. He stated that his taxes had not gone up because of this project. Mayor Giannini felt that this area was different because there were so many vacant lots and the improvements increased the value greatly; but the area in question now has many houses of lower income people, who cannot pay the large improvement costs,. He felt that this bond issue would be voted down when.it was presented to the people. . Mr. Luttrell commented on the vacant lots. He felt that these people wouldn't own,the lots if.they didn't plan to come here and retire. He stated that he had comments by telephone and letter from people who were absentee owners who would like to•go ahead with the project and get these improvements.put in. He felt that absentee people were concerned and wanted to get this settled. Mayor Giannini stated that the Council wanted to know if`,the people would be satisfied with a lesser improvement plan if this issue failed. Discussion was held regarding taxes and interest rates. Councilman Mallery stated that $5,000 had been authorized by the City to cover the engineering costs of this project and asked how much of -this amount had been spent. Mr. Taylor stated that he had been paid about one half of this amount and that it would not cost more than $200 more to complete the report and mail notices to the nearly 1000 property owners. Councilman.Bickford stated that when this 'engineer2ng was authorized,• it was pointed out..that 'if the'improvement district went through,. the district would pay the bill; and if it fails, the City would pay. Jess South commented on the cost of the project:. He did not feel that letters should be mailed to everyone -at this time since they would not know exactly•how much this is going to cost the property owners. Mr. Taylor was asked to clarify procedure to be followed in.this- matter. He stated that each property owner would get a statement of the estimated costs of the work. The project would not be put up to i . MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting June 7, 1968 Page Five bid at this point and there would be no obligation to carry the project through. He stated that when the property owner received the statement, he would also receive a date when a hearing will be held, at which time he can protest if he so wishes.. • Mr. Lewis of 2596 Laurel Avenue spoke regarding the'fact that the area has no gutters. He felt that if these were put in, redrock added where it was needed, and an oil base put."on the road, it could be compacted.and then a seal coat oil base put on.it., This, would eliminate dust and the cost.would be nominal. He felt that',* gas tax should be used on Select System streets and asked if.'any of the Council had talked to paving contractors regarding other possible solutiont about these streets. Councilman Donohoo stated that he had talked to Mr. Pierce of Pierce Construction Company and he had suggested a planwhich.would'cost 10C a square foot or.approximately $100 per lot. However, this would not meet specifications.so that it could be put on a bond issue. ` Itwouldhave to be paid in cash or by some other means. This road would be good for four to five years without any material maintenance. The City could accept maintenance, but not out'of;gas tax funds. Councilman Donohoo asked how much work could be done with the gas tax money on hand. Councilman Mallery stated that the funds would have to be accumulated. Mayor Giannini stated that Mr: Spellacy was making a study of this. Councilman Mallery stated that it is.necessary to provide drainage: in order to put in streets, and even -though there are people who can't afford this project and want to be left out, there are people who do want to be involved. He asked -if -it was possible to com- promise and come up with a solution satisfactory to all. Councilman Donohoo stated that he was in agreement with the fact that the improvements need to be done; but he felt that the project -might be started and perhaps not be carried through due to a lack of funds. Comments were heard in favor of improvements.from Don Opperman.and Mr. Louis Claassen of,499 Y'erba Buena Street'.', Mr. Luttrell stated that he felt it was an unwise expenditure on the part of the City to spend over $5,000 to go this'far on the project and then not to spend $200 more to make a real determination' on the matter. Councilman Mallery stated that this was not the point he was trying . to make, but,he felt that if the project was continued, a protest could not be mustered and the district would,go through, thus placing a hardship on the people protesting because they could not afford• the improvements. Councilman Keiser felt that the study should be continued,and that, the project would be voted in. Discussion was held.among the members of the'Council regarding the fairness of a majority vote.' ' MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting June 7, 1968 Page Six Comments were heard from Kit Walling on the success of the sewer bond program and the Redfield Woods improvements. Leonard Ewing of'419 Sicily'felt'that everyone wanted improvements, but they were not in favor of the complete program. However, he felt that whatever was done should be done right. He asked the City government to come up with an alternate plan to submit to the people. Councilman Mallery stated that if substandard improvements were put in, the City should not be 'responsible for their maintenance. Sub- standard streets should be paid for by the people and the City would do only what maintenance they could. He felt that if the people of the area were willing•to accept something substandard for an interim period, at the end of 5 years, it might be possible to have an improve- ment district. Mr. Carl Lisko stated that in all probability were,all the land owners notified, this would pass; but the voters are made up of people who. own less than one half of those lots and they will all dissent. He commented on the fact that the lots with small houses would not profit from this project'and the lots bought for speculation would profit most. This wouldforce some people to lose their homes because the property would become so valuable that they could not afford to live there. RECESS: 9:22 P. M. RECONVENED: 9:30 P. M. Mayor Giannini stated that he felt he needed to know more about the Majority Protest Act and also that there was too much difference between the lowest and the highest improvement costs quoted. He felt that $100 per lot was not sufficient and $600 or $800 was too high. He stated that he was in favor of a proposal somewhere in the middle and wanted to hold this over until the next Council meeting to make a decision. Councilman Bickford stated that he had discussed the 60% to 40% vote with some people during the recess and had discovered that 60% were in favor of the project and 40% were against.it when the vote was taken. If a majority had not been in favor, the project would have never been initiated. Councilman Donohoo stated that he felt the program should be,presented to all property owners and not just to the water users., Councilman Bickford felt that the Council should authorize the City Engineer to go ahead and complete the report already started., Councilman Mallery stated that he would agree if this was done merely for the purpose of obtaining the feeling of the community on this project. He stated that he was against putting the 1931 Majority Protest Act through. Mr. Taylor reviewed procedure to be taken by the City Council in order to continue this program. He felt that Mr. Madden should be asked regarding the necessity of appointing bond counsel. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting June.7, 1968 Page Seven MOTION: Councilman Mallery moved to defer any action on Improve- ment District No. 4 until the regular meeting of June 25, and in the interim period to'secure an opinion from the City Attorney. Councilman Keiser seconded. Roll call vote:. AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini NOES: None MOTION: Councilman Donohoo moved to adjourn the meeting. Councilman Bickford seconded. Unanimously carried. The meeting was adjourned at 9:38 P.M. RECORDED BY: CARL LUDEMAN,S�Acting City Administrator ze"�+ ' / 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 the adoption of the Preliminary Budget for fiscal year 1968-69 on Tuesday, May 28, 1968, at 7:30 P.M. in the Morro Bay Recreation Hall, Dunes Street and Shasta Avenue, Morro Bay, California. Dated: May 20, 1968 JOSEPH C. GIANNINI, Mayor City of Morro Bay By:i / " M. I-TLE, City Clerk J NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Tuesday, May 28, 1968, at 7:30 P.M. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the appeal of Betty E. Czerwin on the Planning Commission's denial of a variance to allow storage of travel trailers and boat trailers in an R-4 zone on Lots 17 and 18, Block:19, March & McAlister Addition, at 645 Morro Avenue, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against or in modification of the requested variance. M. LITTLE, City -Clerk City of Morro Bay, Calif. May 14, 1968 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING May 28, 1968 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular Meeting_of May 14, 1968 2. Special Meetings of May 1, 3, 6, 8, 10 and 17, 1968 3. Special Meetings, Exec. Session, May 3, 6'and 8, 1968 INDIVIDUAL DETERMINATION AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator HEARINGS, APPEARANCES AND REPORTS B-1 Report of Mr. Paley on Office of Economic Opportunity' B-2 Progress report on Improvement District No. 4 B-3 Report on feasibility of leasing City Boat Slips to private enterprise B-4 Hearing on appeal of Betty E. Czerwin from Planning Commission decision on variance application B-5 Report from Ambulance Committee UNFINISHED BUSINESS C-1 Use of City property north of A & W Root Beer C-2 Presentation of Preliminary Budget for 1968-69 Fiscal Year NEW BUSINESS D-1 Matters relating to improvement District No. 3 D-2 Establishment of maximum retirement age for City employees D-3 Determination of policy on Morro Rock Campground CORRESPONDENCE ADJOURNMENT 1. City Council Meetings: .June 11 and 25, 1968 2. Planning Commission Meetings: June 3 and 18, 19.68 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 28, 1968 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 Donohoo, Keiser, Mallery and Mayor.-Giannini ABSENT: Councilman Bickford MINUTES: The minutes of the regular meeting of May 14, 1968, the special meetings of May 1, 3, 6, 8, 10, and 17, 1968, and the special executive sessions of May 3, 6, and 8, 1968 were considered,by the Council. Mayor Giannini asked if there were any corrections or additions to be made to said minutes. MOTION: Councilman Mallery. moved that the word "gutter" be changed to "property" in the minutes of the executive, session of May 3,,1968. Mayor Giannini seconded the motion. Passed unanimously. MOTION: Councilman Mallery moved that the minutes be approved as corrected. CouncilmanKeiser seconded. Passed unanimously. INDIVIDUAL DETERMINATION AND/OR ACTION: A-1 City Council Councilman Keiser gave a report on the meeting of the California Department of Harbors & Watercraft in Martinez which she and Mr. Spellacy attended on May 20, 1968. She felt that these meetings are worthwhile and should be attended by a representative from the City. Mayor Giannini made comments on a meeting he.and Councilman Bickford had with the waterfront people. The committee had discussed in ' executive' session a program which -might prove beneficial to the . plaintiffs in the Pipkin suit and other people on -the waterfront. .The program included: (1) that the 50 year lease in the original stipulation agreement be adhered to; (2) that rental rates be adhered to with the addition of an alternate rental program in which one half.of the proposed rate or a percentage of the gross.profit would be charged; (3) the Council by majority was opposed to concrete gutters and side- walks. The committee and Mr. Madden met with the plaintiffs' attorney, Mr. Murphy and discussed the program. Mr. Murphy. was agreeable to eliminating the sidewalks from the proposed improvements. A meeting' was then held with several of the plaintiffs'involved, but the majority of those present preferred.the original agreement of concrete sidewalks and gutters. ' Councilman Mallery directed a question to'Mr.'.Little regarding the inclusion in the budget of a lump' sum for travel expense.- Mr. Little answered that there was such an item in the budget under the heading . of General Services and the amount allocated was $3000.-, I , :, MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 28, 1968 Page Two Councilman Mallery stated that prior to the election he had pro- posed an amendment to the city ordinance providing fbr the appoint- ment of members of the boards and commissions'of the City by members of the City Council. He stated that he would like to introduce this. proposal again at this time under Section 5304 entitled "Appointments, Vacancies and Terms of Office". The new wording would read: "Immed- iately upon the election of a member of the City Council, he shall appoint one member to each board or commission. The term of office for an appointed member of each board or commission shall be the term of the appointing member -of the City Council. If at any time during the term a member of the board or commission shall resign or cease to act in that capacity, the City Council member who appointed that member of the board or commission shall immediatelyappoint,a successor to fulfill the term." MOTION: Councilman Mallery moved that the city ordinance be amended to include the appointment of one member of each board or commission by each of the City Council members. Councilman Donohoo seconded the motion. Discussion was held between Councilmen Keiser'and Mallery regarding this amendment. Mr. Madden was questioned as to the effect this amendment would have upon the city ordinance. Mr. Madden stated that he would have to examine the ordinance on the organization of the City Council and the Planning Commission ordinance; but he felt that the changes would take effect as the terms of office expired. Mr. Little stated that it was his understanding that an ordinance must be amended by an ordinance; so that it would be necessary to prepare an ordinance to amend the present ordinances:'' Roll call vote on motion: AYES: Councilmen Donohoo, Mallery and Mayor Giahnin,i NOES: Councilman Keiser ABSENT: Councilman Bickford A-2 City Attorney. Mr. Madden stated that he had nothing to present -'at this time; but that he would like to meet with the Council in executive.session to discuss litigation as soon as it was convenient. A-3 City Administrator. Mr. Little presented bills from Mr. Kardel to the City and to Mr. Madden. The bills covered the period from the early part of April until the loth of May and totaled $974.01. He requested that the Council approve the bills so that they could be paid. Mr. Madden reviewed the bills and stated that he felt they were in order. MOTION: Councilman Keiser moved that'the bills:.be paid. Council- man Donohoo seconded. Passed unanimously. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 28, 1968 Page Three Mr. Little submitted the bill for $675 from the City Attorney. MOTION: Councilman Donohoo moved that the bill be approved. Councilman Keiser seconded. Passed unanimously. Mr. Little brought to the attention of the Council the fact that Mr. Doug Stuart has been attending the Coastal Counties Waterworks Association meetings. His'attendance at these meetings would cost the City $5.00 per month. He requested that the City Council vote to approve this cost on a yearly basis for the next fiscal year. MOTION: Councilman Mallery moved to authorize a $5.00 payment to Doug Stuart for the meeting of June 11, 1968, and for 12 monthly meetings during the fiscal year 1968-69 for a total of $65.00. Councilman Donohoo seconded. Passed unanimously. MOTION: Mayor Giannini made the motion that the Councilapprove a payment of $5.00 to Doug Stuart for the meeting he attended in May of this year. Councilman Donohoo seconded. Passed unanimously. Mr: Little read a letter from the Morro Bay City Employees' Association requesting permission for the City Finance Director to deduct from employees' salaries savings bond payments and dues to the Employees' Association. Mr. Little requested that the dues for the Employees' Association be taken from the employees' checks upon presentation of a proper certificate signed by the employee. MOTION: Councilman Mallery moved that the City authorize this procedure. Councilman Keiser seconded the motion. Discussion was held regarding the feasibility of deducting these dues. Mr. Ludeman reviewed the procedure to be followed in order to do this. Councilman Mallery withdrew his motion 'with the suggestion that the Council appoint a committee to investigate the matter. MOTION: Councilman Donohoo moved that the May= appoint a committee to check with the Employees''Association *(Mr..Ludeman) and Mr--b=ttie and report back at the next meeting. Councilman Mallery seconded. Passed unanimously.' Councilman Donohoo appointed to serve on this committee. Mr. Little requested approval of the expenditure report for the period May 1 through May 15, 1968. 1 MOTION: Councilman Mallery moved that the expenditure report be approved. Councilman Donohoo seconded. Passed unanimously. HEARINGS, APPEARANCES'AND REPORTS: B-1 Report of Mr. Paley on Office of Economic Opportunity Councilman Keiser introduced Mr. Paley from the Office of Economic Opportunity who explained the Community Action Program. He stated the Community Action Program in San Luis Obispo began in 1965 and is probably one of.the oldest programs of this type in the United *corrected at meeting of June 11, 1968 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 28, 1968 Page Four States. The funds that this program operates with come out of the Office of Economic Opportunity on a yearly grant. This is a county program of which Morro Bay•is a part. He.explained.the different phases of the program and the'part that each plays in helping under- privileged people help themselves become useful citizens. He stated that the program has provided'for an aid who will work in Morro Bay, but that they do not have funds for a building. Mayor Giannini asked how large a'.building would be necessary. Mr. Paley stated that the program could make use of.any size building. Mayor Giannini suggested that Mrs. Keiser investigate the possibility of finding a building which would be adequate..for'this project. Councilman Mallery stated that the building that the Committee for Aesthetic Planning is,presently occupying'is for sale and he would like to see a committee meet with the boys about continuing the program even though the boys presently working on the project will be graduating and leaving., Mr. Little stated that a lot of contact work has been done with the college and some of the students would be willing to continue. He stated that he would be highly in favor of continuing this program and that he would be pleased to work with Councilman Mallery on this. B-2 Progress report on Improvement District No. 4 Mr. Little read the progress report on Improvement District No. 4 from City Engineer Sam Taylor. Mr. Taylor introduced Mr. Harold Bare, an assessment consultant from Stone & Youngberg; who discussed the methods used in assessing the parcels. He stated that it was impossible at this time to present a report in much detail.. Mr. Bare stated that in order.to arrive at the most equitable solution, they have tried to consider profit to each individual property owner. He also stated that there is a considerable .. variation in the improvement costs to the different property owners. Mayor Giannini felt that the people were going to be confused as to what the cost would be, and the extent of improvements to be made. He felt that most people were interested in the paving of the streets, but they didn't want to spend any great amount of money. If this could be cut down to a point where they could afford it, it would be feasible. He felt that a little improvement was of great importance. Mayor Giannini asked what could be done to make the situation some better in case the people turned down an expensive program in the area. Councilman Mallery felt that people wanted streets improved but not the full treatment involved here. He asked if there was any legal means of accepting this. Mr. Madden stated that public streets must be maintained in a safe condition but that the extent of the improvements could be determined by the City Council according to the needs of the area. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May.28, 1968 Page Five Councilman Mallery felt that the people would like to see a minimum. proposal as to the improvements. He felt that the engineer could, come up with some less costly proposal that will meet the needs and that will be acceptable to the zoning regulations.of the City. Councilman Keiser stated that the people would•like,to see the streets put in so that they are passable, but she felt..that if these streets were sub -standard, it would cost more in the long run. She stated that she•felt that if the work was not done by bond, it would have to come out of the general fund and she was opposed to that. Councilman Mallery stated that he wanted to find out if the City could have a project of a lesser degree and still go to bond.. Mayor Giannini felt that there was no,questicn that the people wanted improvements, but not to the extent that this proposed project would cost. He felt that since this was a real issue for the community and since there was quite a bit of business left on the agenda, this subject should be postponed to another meeting. Comments were heard from Art Criddle, Jess South, Gil Francis, and Mr. Cline on the ,fact that these improvements could be done in a lesser degree. Councilman Mallery made it clear that the City could not spend funds from the -general fund to pave streets, but that the Council was trying to find an answer to prevent people from having to pay this large•amount. Mr. Little suggested that this meeting be adjourned until Friday, June the 7th for further'discussion of this matter. MOTION: Councilman Mallery moved that the City ,Council hold a meeting at.7:30 P.M. in the Recreation Hall.on Friday, -June 7,•1968 to discuss Improvement District.No. 4. Councilman Keiser -seconded. Passed unanimously'. .. RECESS: 9:24 P. M. RECONVENED: 9:32 P. M. B-3 Report on feasibility of leasing City Boat,Slips to' private enterprise . Mr.. Spellacy,stated that this was possible,.but the feasibility would depend on how much profit the private enterprise could make. He said that the slips were put in with the explicit idea that they would be -used by commercial boats. He referred to mapsgiven to the Council members,and explained the area involved. He mentioned the possibility of a lease site available upland from the slips He stated that he was in favor of leasing to private enterprise. Mayor Giannini suggested that the•Council study the matter further. He recommended that Councilman Mallery serve on a committee to investigate all the.possibilities. Mayor Giannini appointed Councilman Donohoo to work on the committee with Mallery. i i MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May'28;, 1968 Page Six B-4 Hearing on appeal of -Betty E. Czerwin from Planning Commission decision on variance application Mr. Ned Rogoway, City Planning Director, reviewed the appeal as it had come from the Planning Commission.. The Planning Commission had denied the request on the grounds that: (l)- The applicants had not proven that the property could not be used for the purpose for which it was zoned; and (2) The development of the property in this manner would be injurious to the area. The Planning Commission studied the land uses surrounding the property in question and found that there were other properties where trailer storage was existing; but said property was not in a good condition and was detrimental to the area. The applicant was told that this was a use variance and as such, the applicant would have to prove that there was a hardship involved. Mr. Rogoway stated that there had been some testimony given by. Mr. Charles Ogle with respect to the assumption made by the Czerwins when they purchased the property that they had the right'to use the property in the proposed manner. Apparently the use had been attempted to be established in advance of a decision on the matter. Mr. Rogoway again reviewed the Planning Commission's decision on the matter, stating their feeling that this would be detrimental to the development of the Embarcadero and injurious to the future development of some of the vacant properties surrounding the area. He stated that the property is presently zoned R-4, but the proposed use requires C-2 zoning. Mr. Rogoway stated that under a denial, the.applicant does have the right to appeal to the City Council to determine if the decision of the Planning Commission was proper. The applicant applied for an appeal in a letter dated May 8, 1968. Councilman Keiser stated that a trailer court owner in this area had previously applied for trailer storage and was refused by'the.City. Mr. Rogoway confirmed this statement. Mr. Little stated that people had been storing trailers in this area as an extension of a non -conforming use; but they had been asked to remove the trailers and had done so. Mr. Czerwin stated that he needed the additional use to allow his guests to store their trailers and boats. He stated that during the period between 1957 and 1961, the area from the Embarcadero to Morro Avenue was zoned R-3. He further stated that he had bought the property as valuable commercial property; but admitted that it was not zoned as commercial property at that time and he had not checked into it. Mr. Czerwin felt that the City was discriminating and was trying to put him out of business. Mayor Giannini felt that the fact that Mr. Czerwin had bought the property under false pretenses did not alter the fact that it was not zoned for trailer storage now. He felt that if the City started making spot zoning, it would be setting a dangerous precedent. Further comments were heard from Mr. and Mrs. Czerwin asking that the City Council reverse the Planning Commission's decision. 1 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 28, 1968 Page Seven Mr. Rogoway stated that it was contended by the applicants that ' a use had been established on this property. The ordinance allows continuance of a non -conforming use providing the use is not abandoned for more than six months. In observing this property, the use of either of the two lots had not been trailer storage in the last six months. The property -has never been zoned C-2. The zoning has either been,R=3 or R-4_and in either case the establish- ment of such a use is not allowed. MOTION: Councilman Keiser -moved that the Council uphold the decision of the Planning Commission. Mayor Giannini seconded. Roll call vote: AYES: Councilmen Donohoo, Keiser, Mallery and Mayor Giannini NOES: None ABSENT: Councilman Bickford B-5 Report from Ambulance Committee Mr. Little informed the Council that the Ambulance Committee had met on Friday, May 24th. A considerable amount of discussion was held, but no conclusions were reached at that time. A decision was made to hold further meetings and a motion was made to report back to the Council on June 25. Mr. Little stated that he had talked with Supervisor Kidwell and it was mutually.acceptable that the.report be deferred until later in July in order to have the meetings during the early part of July rather than in June when Mr. Little will.be absent from the City. Mr. Little will extend an invitation to Mr. David E. Flock and certain doctors and will send out announcements within the next few days. B-6 Request of Moose Lodge for a Non -Profit Organization (Added) exemption under City Ordinance No. 10 Mr. Hugh Case, representing the Moose Lodge, stated that the lodge was bringing in a small circus with no outside concessions. The Moose Lodge has reserved the property and they will use the skating rink property for the restroom facilities and the parking space. The necessary insurance has been taken care of, and the lodge is asking that the license fee of $100 per day for a circus required under City Ordinance No. 10 be set aside and an exemption for charitable and non-profit organizations be granted. Mr. Little read Section 6106(b) of the City Business License Ordinance regarding exemptions for charitable and non-profit organizations. Further discussion was'held regarding the matter. MOTION: Councilman Mallery moved that the City Council grant an examption to the Moose Lodge according to Section 6106(b) of City Ordinance No. 10. Councilman Donohoo seconded. Passed unanimously. r E MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 28, 1968 Page Eight UNFINISHED BUSINESS: 1 C-1 Use of City property north of A & W'Root Beer Drive -In Councilman Donohoo stated that a committee was to have been appointed to look into this matter and report back -to the Council;, however., the committee had never been appointed. Mr. Little statedthatthis was an oversight and that he has received a request from' ABLE to use this property as a park. Councilman Keiser suggested that the Planning. Commission review the matter and that the Council follow.their�opinion.. It is her feeling that the matter should be referred to the Planning Commission for a decision. Councilman Mallery felt that parks may seem desirable but the main- tenance costs are considerable. He felt that the Council should appoint a 'committee to investigate all the possibilities. MOTION: Councilman Mallery moved that the Council appoint a committee of two members of the City Council to look into the matter. Councilman Mallery withdrew his motion because a motion has already been made previously. Mayor Giannini appointed Councilmen Donohoo and Bickford to serve on the committee to investigate possible use of the property. C-2 Presentation of Preliminary Budget for 1968-69 Fiscal Year. Mr. Little presented the Preliminary Budget to the public for review. Budget pages were shown on the screen for the benefit of the audience. He explained the entries on each individual page and advised the audience that he would answer any questions they might have regarding the Preliminary Budget. MOTION: Councilman Donohoo moved. to approve the Preliminary Budget for the 1968-69 Fiscal Year. Councilman Keiser seconded. Passed unanimously. C-3 Report on Brebes Lease Added) Mr. Little reported that he had consulted with Mr. Madden regarding the requested additional water to be leased. He exhibited maps showing the area involved and informed the Council that Mr. Madden is in the process of developing a lease document. NEW BUSINESS: D-1 Matters relating to Improvement District No. 3 Mr.Little introduced City Engineer Sam Taylor who explained the improvements to be done and the area included. Heathen introduced Mr. Robert Brunsell of Sturges, Den-Dulk, Douglass and Anderson. Mr. Brunsell stated that the necessary action to be taken by -the Council at this time is the adoption of four resolutions: a MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 28, 1968 Page Nine resolution of intention, two separate resolutions calling for public hearing on each of the two reports, and a resolution adopting schedule of per diem wage rates. The two public hearings can be consolidated and are proposed to be held on July 9, 1968. MOTION: Councilman Mallery moved that Resolutions No. 29, 30, 31, and 32 be read by title only.. Councilman Donohoo seconded. Passed unanimously. MOTION: Councilman Mallery moved for the adoption of Resolutions No. 2'9, 30, 31, and 32. Councilman Donohoo seconded. Passed unanimously. D_2 Establishment of maximum retirement age for City employees Mr. Little suggested that it might be well to give consideration of this by committee and have,them report back before adopting a maximum age for retirement. MOTION: Councilman Donohoo.moved that a.committee be appointed to investigate this and report back to the Council. Councilman Mallery seconded. Passed unanimously. Mayor Giannini appointed Councilman Donohoo to serve on this committee. D-3 Determination of policy on Morro•'Rock Campground Chief Holeman stated that this area causes'a policing problem and suggested that if the City decided to dispense with the campground it should be closed off.so that people couldn't use it. MOTION: Councilman'Mallery moved that the,.City draft a resolution; prohibiting overnight camping in what is presently known as Morro Rock Campground. Motion died for lack of a second. Chief Holeman stated that the City already has an -ordinance prohibiting overnight camping; however the ordinance is ambiguous because camping is not clearly defined. Councilman Mallery felt that a new ordinance was required along with some legal study by the City Attorney. Comments were heard from members of the audience in favor'of abolishing the campground. MOTION: Councilman Mallery moved that the City Attorney and staff draft an ordinance with the necessary penalties to enable our police force to enforce it adequately. Councilman Donohoo seconded. Roll call vote: AYES: Councilmen Donohoo, Keiser, Mallery.and Mayor Giannini NOES: None ABSENT: Councilman Bickford MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 28, 1968 Page Ten D-4 Report on Bid Advertisement for painting of water TA ded) storage tanks Mr. Little stated that the City had advertised for bids for the painting of three water storage tanks. Invitations to bid were sent to several firms,but the City has received only one bid on the job. The bid came from a local contractor, Paul Carver, for $3,600; $600 over the original estimate. Mayor Giannini asked if this' was exceedingly high. Mr. Spellacy stated that it was not, and that Mr. Carver has done work in the past for the City that has been satisfactory. MOTION: Councilman Mallery moved that the Council accept the bid from Paul Carver in the amount of $3,600 for painting three water storage tanks. Councilman Keiser seconded. Passed unanimously. CORRESPONDENCE: 1. Letter from June Cunningham requesting a contribution' -from the City for`her participation in the 22nd Annual Powder Puff Derby. Mrs. Cunningham reported that she would be flying a Cessna 177 named "City of Morro Bay" And that she felt this would be a good advertisement for the City. It was the feeling of the Council that community promotion has to come from the Chamber of Commerce and that the City Council could not contribute funds. It was suggested that she contact the'Sun and ask the community to donate. 2. Memo regarding a telephone call from Santa Maria requesting confirmation of an invitation from the Elks Club to the City Council to ride in the parade. The. Council members stated that they would not be able to attend. 3. Two letters regarding Cabrillo Enterprise's request to purchase lease sites 78-81W from W. C. Brown. Mr. Little stated that the lease expires in approximately one year and requested that the Council make a determination.on the policy to be followed in this matter: No official action taken by the Council at this time. 4. Letter from Jack Selby regarding water storage tanks available for sale. 5. Letter. from Mr. Madden to Mr. Sam Taylor regarding . tidelands litigation. 6. Letter from Mr. Madden to Mr. Virgil Butler regarding tidelands litigation 7. Letter from League of California Cities regarding' Senate Bill 11 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 28, 1968 Page Eleven 8. Letter from City of Santa Fe Springs requesting support of Assembly Bill 1203 increasing the fines for traffic offenses. Increase'to be returned to locai'agencies. 9. Letter from City of Irwindale regarding Assembly Bills 217-233 inclusive. . 10. Copy of the Agenda of the Fish& Game,Cbmmission meeting to be held May 31, 1968. 1 .11 11. Copy of the minutes of the.Fish & Game Commission meeting held -February 2, 1968. MOTION: Councilman Mallery moved that the correspondence be, filed. Councilman Donohoo seconded. Passed_ unanimously. MOTION: Councilman Mallery moved to adjourn the meeting to executive session to discuss litigation. Councilman Donohoo seconded. Passed unanimously. Meeting adjourned to executive session at 11:34 P. M. Executive session called to order at 11:38 P. M. Discussion held regarding Pipkin litigation. MOTION: Councilman moved to adjourn executive session to regular session. Councilman Donohoo seconded. Passed unanimously. MOTION: Councilman Mallery moved to adjourn until 7:30 P.M. on Friday, June 7, 1968 to continue discussion of Improvement District No. 4. Donohoo seconded. Passed unanimously. Meeting adjourned at 12:05 A. M. RECORDED BY: M. J.J. LITTLE, CCity Clerk 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 17, 1968, 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 Conference - Consideration of Community Promotion, and Capital Improvement and Equipment Replacement Reserves for fiscal year 1968-69 Dated: May 14, 1968 JOSEPH C. GIANNINI, Mayor City of Morro Bay, Calif. 411 By� M J. LITTLE, City Cler MINUTES - MORRO BAY CITY COUNCIL Special,Meeting May i7; 1968 7:30 P:'M., Morro Bay Recreation Hall-, The meeting was called to order by Mayor Giannini at 7:30 P.M. with the,Pledge of Allegiance.. ROLL CALL PRESENT: Councilmen Bickford', Donohoo, Keiser, Mallery and Mayor Giannini ABSENT: None Mayor Giannini stated the purpose of this meeting is to reconsider the budget request of the Chamber of Commerce and to consider -the. Capital Improvement and Equipment Replacement Reserves for the fiscal year 1968-69. Mr. Little stated that on the 5th of May the City Council set the amount of $7,439 for the budget of the Chamber of Commerce and .. that subsequent to that time the Morro Bay Motel Association has requested an appearance to present their budget request. He further stated that, in his opinion, it would not.be in the best interest of the city to pay funds into any association such as the Motel Association directly for their promotional program', but that it would be best for them to combine their efforts with the Chamber of.Commerce in presenting a budget. He stated the Chamber of Commerce and .the Motel Association have again come Iup with a revised budget and asked Mr. Ralph Gunther, representative of the Chamber of Commerce, to make. the presentation. Mr. Gunther and Mr.' Mendenhall reviewed in depth the budget request of the Chamber of Commerce and Motel Association. It.was the suggestion of the Chamber that a steering committee be•appointedto review the expenditures for.advertising. Said committee to consist of one member of the City Council, the City Administrator,•one.member of the Motel Association and one member of'the Chamber. MOTION: Councilman Keiser moved to have the Council sponsor this program by joining.on the committee. Councilman Bickford seconded. Roll call vote- AYES: Councilmen Bickford, Keiser and Mayor Giannini NOES: Councilmen Donohoo and Mallery ABSENT: None Comments were heard from members of the Council, Tex Kurtz, Stan Dolezal, Ralph Gunther, Mrs. Goss, Frank Abruscato, Bill Payne, Kathy Villers and Ralph Villers, relative to whether or not the Motel Association is entitled to a percentage of the bed tax collected for advertising purposes. MOTION: Councilman Bickford moved that we set the contribution to the Chamber of Commerce at the same rate as it was last year, $8,265. Councilman Keiser seconded. Roll call vote: AYES:` Councilmen Bickford,'Keiser and Mayor Giannini NOES: Councilmen Donohoo and Mallery ABSENT:., None y MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 17, 1968 Page Two Councilman Bickford suggested that the Chamber present the Council' with a revised schedule showing exactly where the money allocated' will be spent. Mr. Gunther said this would be done at the earliest possible date. RECESS: 9:05 P.M. RECONVENED: 9:13 P.M. Mayor Giannini appointed Councilman Bickford and Mr. Little to serve on the steering committee to work with the Chamber of Commerce. The next item to be considered by the Council was the -Equipment Replacement Schedule. Mr. Little reviewed the proposed equipment replacement.schedule for the coming fiscal year for the benefit of the Council and those present. MOTION: Councilman Bickford movedthat$23.,685.be budgeted' -for; the purpose of equipment replacement. Councilman Mallery seconded.'Passed unanimously, .The next item to be considered by the -Council was the Capital Improvement Program for 1968-69. Mr. Little reviewed the proposed capital improvement schedule for the benefit of the Council and those present.' It was the recommend- ation of staff that the following schedule be adopted:` 1. $2,250-towards the purchase,:of,a.new �fire truck in 1972; 2. $25,250 towards expansion of the wastewater treatment plant in 1985; and 3. $9,550 towards the future acquisition of lands and buildings; for a total of $37,000 for.capital improvements. MOTION: Councilman Mallery moved for approval,of,these items. Councilman Bickford seconded. " Passed unanimously. ADJOURNMENT MOTION: Councilman Donohoo moved for adjournment. •_Councilman Bickford seconded, Passed unanimously.' Meeting adjourned at 9:26 P.M. RECORDED BY: M. J. LITTLE, City Clerk By; (Mrs.Y Daisy M. Schacht . Deputy City Clerk • 1 CITY OF MORRO BAY ; AGENDA - CITY COUNCIL MEETING May 14, 1968 7.:30 P. M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting „ of,,April '16;1968 2. Special meetings of -April 16, April 19,. April 22, April 29 and May 1, 1968 INDIVIDUAL DETERMINATION•AND/OR ACTION A-1 City Council A-2 City Attorney A-3 City Administrator HEARINGS, APPEARANCES AND REPORTS•.• B-1 Report of Morro Bay Fire Department re: weed abatement B-2 Appearance of Morro Bay Motel Owners Association requesting_ consideration of budget allocation UNFINISHED BUSINESS C-1 Request of Supervisor Kidwell for appointment of committee on ambulance service C-2 Appearance of Morro Bay City Employees Association re:,salary recommendations C-3 Resolution adopting salary schedule for Fiscal Year 1968-69 C-4 Determination of Police Mutual Aid policy for interim period C-5 Report of Planning Commission on request.for use permit for helicopter service (deferred from meeting of April 16, 1968) NEW BUSINESS D-1 Resolution setting date for hearing on appeal of Betty E. Zerwin from Planning Commission decision on variance application D-2 Request of Donald Messer to purchase city property north of A & W Root Beer stand D-3 Request of Clayton Scovell to lease city property north of A & W Root Beer stand D-4 Report on proposed Harbor dredging by Corps of. Engineers D-5 Request of Frank Brebes for expansion of existing water lease D-6 Request of Cal Poly Horticulture Department for plot.of ground to conduct experiment- D-7 Request for approval of construction of guard rail or fence at corner of Main Street and Quintana Road D-8 Review of use permit for Morro Bay Yacht Club on Lease Sites 59, 60, 59W and 60W D-9 Request for approval of three year extension of lease of Police Department building CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meetings: May 28 and June-11, 1968 2. Planning Commission Meetings:• May 21 MINUTES - MORRO BAY CITY COUNCIL.' Regular Meeting May 14, 1968 - 7:30'Pl M'.' Morro Bay Recreation Hall The meeting was called,to.ordei at 7:30 P'. M. with.the.Pledge-of Allegiance. Mayor Giannina. gave the invoca.tion., ROLL CALL: PRESENT: Councilmen Bickfcird;.Donohoo, Keiser., Mallery and Mayor' Giannini ABSENT: None MINUTES: 'The minutes of the regular meeting of April 16, 1968, and of the.special meetings of April 16, Apri1'19', April 22,,Apri1,29 and .May,1, 1968 were considered by the Council: MOTION: Councilman Bickford.moved that the minutes of said meetings, be approved as written. Seconded by Councilman Mallery. Passed unanimously. INDIVIDUAL DETERMINATION'AND/OR ACTION: AA=1 City Council Councilman Keiser reported that she had visited the County Health Officer _ regarding the fee we were being charged for inspection and ascertained the Health'Department charges each restaurant or grocery store for inspec- tions. She also reported on the meeting of the Low Cost Housing Committee., of which Art Spring is chairman: This committee is making a study of low cost housing in the County of San.Luis Obispo, mostly in the. area of the south county. The next meeting will be May 23, at San Luis Obispo City Hall, and there will be representatives of the federal government at that meeting. Councilman Mallery reported he had received a call from Senator Grunsky regarding a meeting tomorrow at 1:00 o'clock, trying to get, money from the State Legislature to move the sea otter, which the Senator wanted Council- man Mallery to attend. Councilman Mallery stated he could not.make the meeting, but probably Ernest Righetti would go,•and possibly one or two others. A=2 City Attorney Mr. Little introduced Mr: James Madden, the new City Attorney, who gave a brief review of the events of the past two weeks, stating'he felt.a good deal of progress has been made toward settlement'of the P,ipkin suit. A=3 City Administrator Mr. Little requested approval of the expenditure report for the period 4/16 to 4/30/68. t MOTION: Councilman Bickford moved to approve the expenditure report. Councilman Donohoo seconded the motion. Passed unanimously. Mr. Little requested approval of transfer of funds from the unbudgeted re- serve in the amount of $12,040.00 resulting from unanticipated expenditures: $500.00 due to the increased postal rates; $400.00 to -pay for the lease on the Ashurst wells, which was not budgeted last year because it was felt MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 14, 1968 Page Two they would not be necessary, but subsequently were found.to $11,140.00 for Garing, Taylor & Associates for engineering quired, not budgeted last year. be necessary; services re - MOTION: Councilman Donohoo moved to approve transfer of funds from the unbudgeted reserve as requested. Seconded by Councilman Mallery. Passed unanimously. Mr. Little requested approval of expenditures for travel and meeting ex- pense for Councilmen Bickford, Donohoo, Mallery and.Mayor Giannini to attend the Mayors' & Councilmens' Institute at Anaheim, California on May 20 and 21, 1968. MOTION: Councilman Keiser moved the expenditures be approved. Coun- cilman Bickford seconded the motion.. Passed unanimously. Mr. Little read a letter from Cal'Poly re.. training program for wastewater treatment plant operators, which is'a two-day,course•to be given in the Cal Poly Music, Speech and Drama Building. Our.three 'sewer plant opera- tors have requested that they be allowed to go to this program. Registra- tion fee is $5.00 each, including morning and afternoon coffee. The, total. amount requested for approval is $15.00 for registration and the cost of lunch in the Cal Poly cafeteria. MOTION: Councilman Bickford moved to approve;this expenditure. Seconded by Councilman Keiser. Passed unanimously. Mr. Little requested that the Council make a determination�on Peter Kardel, former City Attorney, whose services have.terminated as of today. It will be necessary to have'a determination and approval from this'Council in order to make payment for any bills. He suggested that perhaps Mr. Madden could give an idea of what will be required from Mr; Kardel. Mr. Madden stated he would recommend that Mr. Kardel`be retained on'an hourly basis only as requested for work to.be'performed either under Mr. Madden's direction and at.his request or'at the ,.iequest of the Mayor. He. felt it would be a great loss at,this stage to make a great and sudden. transition. MOTION: Councilman Bickford moved that we.authorize Mr. Madden to use the.services of Peter Kardel as he.deems,necessary for the completion of this litigation. Seconded by Councilman'Donohoo. ROLL CALL VOTE: Passed unanimously. HEARINGS, APPEARANCES AND REPORTS: B=1 Report of Morro Bay Fire Department re: weed abatement Chief Rieger stated there are basically three ways to get rid of weeds. - The least expensive to property owners is to protect exposures by mowing. Some areas it is impossible to get a tractor on, and these would have to be burned. There are about 100 lots which cannot be mowed with a tractor. We can burn every lot in town, we can contract it out to mow every lot with. a mowing machine or maybe the City could mow. Mayor Giannini stated before this could be put out to bid it might be too late, and asked for Mr. Little's suggestion. ' Mr. Little felt the Council should determine first whether the lots or fire breaks between properties should be burned or mowed. If the decision is to burn, it will be the problem of the Fire Department. 'If the decision is to mow, you must determine whether to mow just a firebreak around the exposure or to mow completely to beautify the town. If the latter, I MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 14, 1968 Page Three suggest hiring a full-time man to get the job done -or use the part time help of City employees. From the time schedule•used by the Fire Depart- ment, my guess of the cost would be $10.00 per lot or less. I would suggest we take a week's trial and reach a cost figure. The charges made for this service are applied to the taxes for the property owners and appear on their tax bills for the next year. We will get our money back in January or May of next year. Discussion followed among the Councilmen regarding the advantages of mowing or burning, costs, etc. Mr. Rieger stated he prefers a unit system, a lot of 2500 square feet be- ing one unit. We don't have to -have the price set until August, when this information goes into the County. MOTION: Councilman Mallery moved that we authorize the City Adminis- trator -to seek competent operators to operate our equipment and get at it immediately. Seconded by Councilman Bickford. Passed unanimously. . Chief Rieger asked if the hillside lots which cannot be mowed should have' a fire break, and the Council agreed this would be satisfactory. Mayor Giannini felt the people should begin a clean-up week for Morro Bay, also. BB=2 Appearance of Morro Bay Motel Owners Association requesting consideration of budget allocation Mr. Little read the letter from. the Morro Bay Motel Owners Association and asked if all the Councilmen had copies of the proposed. budget. Mr. Kurtz spoke for the Motel Owners Association, stating Morro Bay needs a promotion program to compete with other communities for tourism in the fall, winter and spring. Mr. Mendenhall, a publicity man living in Morro Bay, helped prepare this budget, and is willing to present it now or to present it at the time the Chamber of Commerce budget is heard on -Friday. After lengthy discussion, it was agreed that the -Motel Owners Association would get together with the Chamber of Commerce and present an itemized joint budget on Friday, May 17. UNFINISHED BUSINESS: CC=1 Request of Supervisor.Kidwell for appointment of committee on ambulance service Supervisor Kidwell requested that the City appoint a committee to work with him and a member of the.County Legal Staff regarding an ambulance service for the coastal area. At the time of his original request, it was suggested the Mayor appoint a committee of two Councilmen, the City Ad- ministrator, a member of the legal staff and a private citizen.' , Mayor Giannini appointed Councilmen Keiser and Mallery, Dr. Kolb, and the City Administrator. Mr. Little asked for .appointment of a chairman, and at Mayor Giannini's request•Mr. Little agreed to serve as chairman, the committee to be completed by.Supervisor Kidwell and a member of the Dis- trict Attorney's office. CC=2 Appearance of Morro Bay City Employees Association re: salary recommendations Ken Valley presented the request of the City Employees Association for a cost of living increase, displaying a chart showing the relative pay scale of Morro Bay and other cities in the immediate area, which indicated Morro Bay is 4.7% below the average. By July of 1968, the salary lag will be 10.2%. If the paper is correct, you have lowered approximately 25% on the MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 14, 1968 Page Four tax dollar, and I feel that out of this you could still grant an increase to the employees and remain within the mandate to reduce costs. Mayor Giannini and Councilman Mallery felt that the employees were not underpaid. Councilman Mallery felt the City was overstaffed. Councilman Bickford reiterated his opinion that the employees were entitled to a cost of living allowance, at the minimum. Councilman Keiser was in favor of granting at least one range. Councilman Mallery stated we are not talking about denying somebody a raise, but what we are trying to do is cut the cost of government. We need to reduce the work staff and then we can pay people a decent wage.It is my firm opinion that we should do more contractual work. It is cheaper to contract. We have.about ten people more than we need. Ken Valley stated the number of employees we have now is well below the national average. Lengthy discussion was held among the Councilmen and members of the audience. MOTION: Councilman Bickford moved that we grant a one range cost of living allowance to the employees of the City. Councilman Keiser seconded the motion. ROLL CALL VOTE: AYES: Councilmen Bickford and Keiser NOES: Councilmen Donohoo, Mallery and Mayor Giannini ABSENT: None MOTION: Councilman Bickford moved that the City pay the other $7.00 of the insurance for the employees. Seconded by Councilman Keiser. Discussion was held at length. ROLL CALL VOTE: AYES: Councilmen Bickford and Keiser NOES: Councilmen Donohoo, Mallery and Mayor Giannini ABSENT: None, - RECESS: 9:15 P. M. RECONVENED: 9:25 P. M. C-3 RESOLUTION No. 27-68` 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 Mallery moved Resolution No.. 27-68 be read by title only. Seconded by Councilman Donohoo. Motion carried. Resolution No. 27-68 was read by title only. MOTION: Councilman Mallery moved that Resolution No. 27-68 be adopted. Seconded by Councilman Donohoo. ROLL CALL VOTE: ' AYES: Councilmen Mallery, Donohoo and Mayor Giannini NOES: Councilmen Bickford and Keiser: ABSENT: None C=4 Determination of Police Mutual Aid Policy for interim period Mr. Little asked for a determination as to what the policy should be if another agency should call on us for help before the Mutual Aid Policy is MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 14 „ 1968 Page Five I signed by all agencies and therefore in effect. Mr. Madden, who is familiar with this Mutual Aid Policy, recommended that a determination be made to act as•though the Mutual Aid Policy were in effect. MOTION: Councilman Mallery moved to operate in� the interim period.as though the Mutual Aid Policy were in effect. Seconded by Councilman Donohoo. Passed unanimously. C=5 Report of Planning Commission on,request for use, permit for helicopter service (deferred from meeting of April 16, 1968) Mr. Mallery reported that Mr. Sisto came to him and has withdrawn his request. MOTION: Councilman Mallery moved we agree with the Planning Commission recommendations. Seconded by Councilman Bickford. Passed unanimously.. NEW BUSINESS: D-1 RESOLUTION NO. 28-68 RESOLUTION SETTING DATE AND TIME FOR PUBLIC HEARING ON APPEAL OF BETTY E. CZERWIN Mr. Little reported the application for a variance was denied by the Plan- ning Commission and, in accordance with the Zoning Ordinance, Mrs. Czerwin has written a letter appealing this decision, and has paid the fee. He recommended that this be heard at the next meeting and stated he had a resolution prepared. Resolution No. 28-68 was read in its entirety. MOTION: Councilman Mallery moved for adoption of Resolution No. 28-68. Seconded by Councilman Bickford. ROLL CALL VOTE: AYES: Councilmen Bickford, Donohoo, Keiser, Mallery and Mayor Giannini NOES: None, ABSENT:. None DD=2 Request of Donald Messer to purchase City property north of A & W Root Beer stand DD=3 Request of Clayton Scovell to lease City property north of A & W Root Beer stand Mr. Little reported that in the realignment of Main Street an area approxi- mately 6500 square feet was created, in a rather irregular shape. Both Mr. Messer, who owns the property, and Mr. Scovell, who leases, are.interested in the use. One has requested to purchase, the other to lease. 'It would be a determination of the Council as to whether any action should be taken at this time or possibly a committee appointed. MOTION: Councilman Mallery moved -that a committee be -appointed to look into the matter to see.whether it should be leased or sold. Councilman Donohoo seconded: ' Councilman Bickford thought the Planning Commission should take a look at this to see if it is needed in our park system. Councilman Mallery stated he would like to see the Council look at these things themselves. Councilman Keiser thought it should not be sold, but should be considered for a green spot. r.. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 14, 1968 Page Six Bob Dunn, a member of the ABLE group, stated he would like to have this put before the Planning Commission, and that at least part of this area be used as a green area. ROLL CALL VOTE: Passed unanimously DD=4 Report on proposed dredging by Corps of Engineers Mr. Little asked Mr. Spellacy to give this report. Mr.•Spellacy'reported they have been notified the Corps of Engineers is ready to go to bid, and hope to get the bid out in the near future. They have estimated that 400,000 cubic yards of sand will have to be moved, and they want to know' where we want it. Lengthy discussion followed among.the Councilmen and . Mr. Spellacy. MOTION: Councilman Bickford moved the staff .be instructed to negotiate with Den-Dulk interests, or any'other interests in the area that.can use the sand.•.. -Seconded by.Councilman Keiser..., Passed unanimously., DD=5 Request of Frank Brebes for expansion of existing water lease Mr. Little read a letter 'from Mr. and Mrs: Bre'bes requesting expansion•of the existing water lease. The new area would be 60' beyond the present water lease by 131.95' wide. Discussion was held among the,Councilmen and Mr. Madden. . Mr. Little suggested that if the Council'would'indicate to staff and the attorney that they were in favor of granting this extension, a recommendation will be forthcoming as to- how- it' should ;be handled`. . MOTION: Councilman Bickford moved that we'agree to'lease this water to Mr. and -Mrs. Brebes and that we will.l'eave the matter to staff to work-out the mechanics and report back to us at the next meeting.. ,Seconded•by, Councilman Keiser. ROLL CALL%JVOTE: AYES: Councilmen Bickford, Donohoo, Keiser and Mayor Giannini: NOES: Councilman maallery ABSENT: None DD=6 Request of Cal Poly Horticulture Department for,plot.of ground to conduct experiment MOTION: Councilman Mallery moved to turn this over'to the Public Works Department.. Seconded by Commissioner Bickford..•Passed unanimously. D=7 Request for approval of construction of guard rail or fence at corner of Main Street and Quintana Road Mr. Little reported.the possibility of children or, elderly people falling from the sidewalk near Harry's Upholstery and Swan's TV and wanted the Cozn- cil to give some consideration to a 30" handrail. MOTION: Councilman Bickford moved that we authorize construction of a pipe'handrail.of a proper size to withstand the wear and tear of the kids of our community. Seconded.by Councilman Donohoo. Passed unanimously. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 14, 1968 Page Seven DD=8 Review of use permit for Morro Bay Yacht Club on Lease Sites 59, 60, 59W and 60W Mayor Giannini stepped down and asked Mr. Donohoo to take the chair, since he is a member of the Yacht Club and felt there might be a conflict of intere Roger Case, treasurer of the Morro Bay Yacht Club, reported on their financial difficulties, and requested th'e Council to consider reducing the lease cost until they can -raise enough money or increase their mem- bership. MOTION: Councilman Bickford moved that we reduce the rental on these Lease Sites 59, 60,59W and 60W to $1.00 for the next calendar year. Seconded by Councilman Keiser. Passed unanimously. Councilman Donohoo turned the meeting back to Mayor Giannini. DD=9 Request for approval of three year extension of lease of Police Department building MOTION: Councilman Keiser moved for approval of a three year extension of the lease on the Police Department building. Councilman Mallery seconded. Passed unanimously. CORRESPONDENCE 1. Letter dated May 2, 1968 from Sturgis, Den-Dulk,'Douglass, Anderson and Ness, re. Improvement District No. 3, City of. Morro Bay 2. Letter dated May 3, 1968 from Stone & Youngberg, re. Improve- ment District No. 3, City of Morro Bay 3. Undated letter from Dale Lucas and Jack C. Watt, re. fire at ' Foster Freeze 4. Letter dated May 3, 1968 from Division of Highways re. trans- fer of Robert Datel and invitation to attend dinner honoring him on May 17th at San Luis Country Club 5. Letter dated May 2, 1968 from Division'of Highways, addressed to J. E. Spellacy, re. retirement of Maintenance Engineer L. E. Elder and announcing new assignment for that position 6. Letter dated April 15, 1968 from Division'of Highways, re. California Freeway and Expressway System 7. Letter of thanks dated April 22, 1968 from Kiwanis Club of. Morro Bay -Estero re. Easter Sunrise Service'at Morro Rock 8. Two letters from the City of San Luis Obispo, dated April 22 and May 10, 1968 re. invitation to ride in Sa'n Luis Obispo Fiesta Parade and have lunch as guests'of San Luis Obispo City Council 9. Letter dated April 18, 1968 from Scenic Coast -Board of Realtors advising that John M. Nugent has been appointed to attend Council meetings and provide a liaison. 10. Copy of letter to Glenn Kleinhammer and Charles Mann, dated April 15, 1968 from Department of Public Health, extending occupancy deadline to July 1, 1969 on rental property located at Harbor and Morro Streets • y ' MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 14, 1'968 Page 8 ` Letter from'Robert H. Finch, Lt. Governor, dated April 22, 1968 re. Senate Bill 101 Carbon ofletter to Mayor Giannini re,. meeting to be held May 22, 1968`re.'appointment of membership to LAFCO Copy of letter to Mayor Giannini, dated April 29, 1968 from Supervisor Kidwell're,.appointment of.ambulance'service.* committee Minutes of meeting of Harbors and Watercraft Commission,', dated April 8, 1968 California Navigation Conference recommendations for federal appropriations, California Navigation Projects, 'fiscal year 1968-69. Mr. Little brought out.that we have kept an active membership and have attempted to have'representation at the, meetings to tell them about Morro Bay because at this confer- ence the Corps of Engineers recommends certain projects to be carried on in California and this conferencecarries it'to the national Senate and House of Representatives. In these minutes Item 7 is Morro Bay Harbor dredging,;-,, for $2,000.00. Minutes of Re,gular.Meeting of April 2, 1968 of San Luis. Obispo County Water Resources Advisory Committee " Two sets of minutes of Fish and Game Commission, 'December 8,- 1967 and January'5, 1968 S7 17. I" MOTION: MOTION Notice of meeting of the Harbors and Watercraft.Commission, May 20, 1968 at Martinez, California,'to consider aPnumber of things, some of which particularly apply to Morro Bay. Councilman Keiser moved Mr. Spellany be allowed travel money to go to this meeting,'and also for her to go with him. . Seconded by Councilman Bickford. Passed unanimously. Councilman Mallery moved the correspondence be filed. Seconded by Councilman Keiser. Passed unanimously. HLJ VUMNMSLV'1': MOTION: Councilman Donohoo moved the meeting be:adjourned. by Councilman Keiser.' Passed unanimously. The meeting adjourned.at 11:00 P. M. RECORDED BY: M. J. LITTLE City Administrator By Deputy City Clerk 5 Seconded MINUTES - MORRO'BAY CITY COUNCIL Special Meeting May 10, 1968 7:30 P.M.. Morro Bay Recreation Hall Mayor Giannini called the meeting to order at 7:31 P.M. with the pledge of allegiance: ROLL CALL PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery and Mayor Giannini ABSENT: None Councilman Bickford suggested that we schedule another session with the Chamber of Commerce and ask them to come up with a revised budget for the Council's consideration of what the money will be spent for. MOTION: Councilman Bickford moved that we set the date of Friday, May 17, 1968, for further consideration of the Chamber of Commerce Budget. Councilman Keiser seconded. Passed unanimously. 1. General Services (a) Salaries for summer help MOTION: Councilman Bickford moved to authorize eight student employees in this category. Councilman Keiser seconded. Roll call vote: passed unanimously. (b) Gas and Electricity for City Hall MOTION: Councilman Bickford moved for approval of•these two items. Councilman Keiser seconded. Passed unanimously. (c) Publications and Legal Notices MOTION: Councilman Bickford moved for approval of .$3600 for -these items. Councilman..Donohoo seconded. passed unanimously. (d) Office Supplies„for all departments MOTION: Councilman Bickford moved for approval of $3950 for this budget account. Councilman Keiser seconded. Passed unanimously. (e) Telephone Service . MOTION: Councilman Donohoo moved that this be amended to $2000. Councilman Bickford seconded. Passed unanimously. (f) Professional Services MOTION: Councilman Donohoo moved for approval of $150,for this budget account. . ' Discussion was held regarding including money in this account for physicals for the volunteer firemen. Motion died for lack of a second. MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 10, 1§68 Page Two MOTION: Councilman Bickford moved to increase this amount to $400. Councilman Keiser seconded. Passed unanimously. (g) Supplies and Maintenance - Special Re: Testing material for Cooperative Personnel Services MOTION: Councilman Keiser moved to accept this.item in the budget. Councilman Bickford seconded. Passed unanimously. (h) Liability Insurance MOTION: Councilman Keiser moved for approval of this item. Councilman Bickford seconded. Passed unanimously. (i) Fire Insurance MOTION: Councilman Bickford moved for approval. Councilman Keiser seconded. Passed unanimously. (j) Fidelity and Surety Bonds MOTION: Councilman Bickford moved for approval. Councilman Keiser seconded. Passed unanimously. (k) Insurance - Other MOTION: Councilman Bickford moved for approval of this item. Councilman Donohoo seconded. Passed unanimously. (1) Contract Services - Unclassified MOTION: Councilman Donohoo moved for approval of $4700 for this budget account. Councilman Bickford seconded. Passed unanimously. (m) Postage MOTION: Councilman Keiser moved for approval. Councilman Bickford .seconded. Passed unanimously. (n) Refunds, Adjustments MOTION: Councilman Donohoo moved for approval of this item. Councilman. Bickford seconded. 'Passed unanimously. (o) Equipment Re: Chairs for Recreation Hall MOTION: Councilman Donohoo moved for approval of $300 for this item. Councilman Bickford seconded. Passed unanimously. MOTION:, Councilman Bickford.moved for approval of the General Services budget as amended. Councilman Donohoo seconded. Passed unanimously. . 2. Finance Department Mr. Little stated that Mr. Ludeman has requested that he be allowed MINUTES - MORRO BAY CITY COUNCIL, Special Meeting May 10, 1968' Page Three to take 1/2 day off per week. If this request is granted, his salary would remain at the same range and step, but would be reduced by ten percent. He would still be eligible for any increases that are granted. MOTION: Councilman Donohoo moved that Carl Ludeman's position be placed at that figure ($10,992) as he requested. Council- man Bickford seconded. Passed unanimously. Mr. Little stated that it would be in order to approve the sum of $31,900 as the salaries for permanent employees in the Finance Department. MOTION: CouncilmanDonohoo moved for approval of $31,900 as the salaries -for the.permanent employees in the Finance Department. Councilman Keiser seconded. Passed unanimously. 3. Professional Services (a) Audit, payroll processing, financial reports and water billing MOTION: Councilman Bickford moved for approval of this budget request. Councilman Donohoo seconded. Passed unanimously. (b) Supplies and Maintenance - Special MOTION: Councilman Bickford moved for approval of this item. Councilman Donohoo seconded. Passed unanimously. (c) Supplies and Maintenance - Office Equipment.` MOTION: Councilman Donohoo moved for approval of this item. Councilman Bickford seconded. Passed unanimously. (d) Memberships, Books; Maps and Subscriptions \� MOTION: Councilman Bickford moved for approval. Councilman Donohoo seconded. Passed unanimously. MOTION: ..Councilman Donohoo moved for the approval of this budget as amended. Councilman Bickford seconded. Passed unanimously. 4. General Services (a) Travel and Meetings . MOTION: Councilman Bickford moved that $3,000 be allocated to this category. Councilman Donohoo seconded. Passed unanimously. 5. Budget Account No. 16 - Planning Commission (a) Contract Services - Unclassified MOTION: Councilman Bickford moved for approval of this item. Councilman Donohoo seconded. Passed unanimously. MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 10, 1968 Page Four (b) Memberships, Books, Maps and Subscriptions MOTION: Councilman Donohoo moved that the figure be set at $50. Councilman Bickford seconded. Passed unanimously., MOTION: Councilman Bickford moved for approval of this budget as amended. Councilman Donohoo seconded. Passed unanimously. 6. Budget Account No. 28 - Civil Defense (a) Supplies and Maintenance - Special MOTION: Councilman Donohoo moved for approval of this item. Councilman Bickford seconded. Passed.unanimously. MOTION: Councilman Bickford moved that we approve the Civil Defense budget in the amount of $150. Councilman Keiser seconded. Passed unanimously. 7. Budget Account No. 29 - School Crossing Guard MOTION: Councilman Donohoo moved that this budget be approved for $1,271. Councilman Bickford seconded. Passed unanimously. 8. Budget Account No. 39 - Planning &'Building Department (a) Mr. Little suggested that the allotment for Administrative Assistant be assigned to this department until such -time as the Council makes a decision as to the personnel required in this department. He stated that the secretary's salary will be less than projected and stated that he would request that the Andividual assigned to this department be promoted to a stenographer's title and salary. MOTION: Councilman Bickford moved to approve the amount of $15,609 for salaries in the Planning and Building Department. Councilman Keiser seconded. Passed unanimously. (b) Office Supplies MOTION: Councilman Donohoo moved for approval of. this item. Councilman Bickford seconded. Passed unanimously. (c) Professional.Services Re: Services of Ned Rogoway, CountyPlanning Director, as consultant MOTION: Councilman Donohoo moved for approval of this item. Councilman Bickford seconded. Passed unanimously. Re: Planning Consultant Service Mr. Little stated that an offer has been presented to the city by the faculty and students in the architectural classes at Cal Poly to help in developing plans for the city. He recommended that the amount of $800 be approved until such time as a schedule can be worked up with the instructors and students at Cal Poly. MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 10, 1968 Page Five MOTION: Councilman Mallery moved that the $800 be retained in the budget to work with local groups. Councilman Donohoo seconded. Passed unanimously. MOTION: Councilman Donohoo moved to approve $2800. Councilman Bickford seconded. Passed unanimously. (d) Supplies and Maintenance - Automotive MOTION: Councilman Donohoo moved to approve $400 for this item. Councilman Bickford seconded. Passed unanimously. (e) Supplies and Maintenance - Special MOTION: Councilman Bickford moved to approve $100 for. this item. Councilman Donohoo seconded. Passed unanimously. (h) Rents and Leases Re: 'Lease(of IBM typewriter.- $158• MOTION: Councilman Bickford moved for approval of the figure of $158. Councilman Keiser seconded. .Passed unanimously. (i) Memberships, Books, Maps and Subscriptions MOTION: Councilman Bickford moved to'approve the amount of $463 for this item. Councilman Keiser seconded. Passed unanimously. MOTION: Councilman Bickford.moved to approve the Planning and Building Department budget in the amount of $21,090. Councilman Donohoo seconded. Passed unanimously. 9. Budget Account No. 40 - Street Lighting MOTION: Councilman Donohoo moved for approval of $27,100 for this budget account. Councilman Bickford seconded. Passed unanimously.' MOTION: Councilman Keiser moved for adjournment. Councilman Mallery seconded. Passed unanimously. Meeting was adjourned at 9:28 P.M. RECORDED BY: MALC,O,LMJ. i LITTLE, jCity Clerk By: (Mrs.) Daisy M. Schacht Deputy City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 8, 1968 Morro Bay Recreation Hall Mayor Giannini called the meeting to order at 7:30 P.M. with the Pledge of Allegiance. ROLL CALL PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery & Mayor Giannini ABSENT: None Mayor Giannini stated this was a special meeting called for the purpose of _considering the individual departmental budget requests. The first item to be considered by.the City Council was Budget Account No. 25, Police Department. Mr. Little read a letter dated May 8, 1968, from District Attorney James W. Powell relative to the need for additional personnel in the police department. Discussion held regarding the request for additional personnel and the creation of the rank of Captain in the police department. Comments were heard from Jack Young, Arthur Criddle, Rev. Van Eakes, Henry Pitzer, Bill Payne, Leroy Boettcher and Ralph Villers who spoke in favor of the police department and the.need for additional personnel. Those speaking in opposition to adding additional men were Mr. Connell, Hugh Case and Ralph Gunther. MOTION: Councilman Bickford moved that we authorize the rank of Captain in the police department, and that we add one extra person to the force. Councilman Keiser seconded. Further discussion held. Roll call vote: AYES: Councilmen Bickford and Keiser NOES: Councilmen Donohoo, Mallery and Mayor Giannini ABSENT: None MOTION: Councilman Donohoo moved that the salaries be set at the same figure as it was last year. Council- man Mallery seconded. Roll call vote: AYES: Councilmen Donohoo, Mallery & Mayor Giannini NOES: Councilmen Bickford and Keiser ABSENT: None (l). Professional Services MOTION: Councilman Mallery moved to accept•the reduction of $200 to make a•total of $440. Councilman Bickford seconded. Passed unanimously. MINUTES - MORRO BAY CITY -COUNCIL Special Meeting May 8, 1968 Page Two (2) Supplies and Maintenance - Automotive MOTION: Councilman Keiser moved to buy the automobiles this year and look into leasing them during the coming year. Councilman Keiser's motion died for lack of a second. MOTION: Councilman Mallery moved to approve the amount. of $4,500. Councilman Donohoo seconded. Passed unanimously. (3)' Supplies and Maintenance - Special MOTION: Councilman Bickford moved for the adoption of $2,334 for Supplies and Maintenance'- Special. Councilman Donohoo seconded. Passed unanimously. (4) Supplies and Maintenance - Office,Equipment' MOTION: Councilman Mallery moved for the adoption of $200 for radio repairs. Councilman Bickford• seconded. Passed unanimously. . C51 Supplies and Maintenance - Buildings & Grounds MOTION: Councilman Donohoo moved for approval of this budget request. Councilman Bickford seconded. Passed unanimously. (6). Rents and Leases MOTION: Councilman Bickford moved to adopt this item. Councilman Keiser seconded. Passed unanimously- ( 7) Contract Services - Unclassified MOTION: Councilman Bickford moved for approval of this item. Councilman Keiser seconded. Passed unanimously. C8) Memberships, Books, Maps and Subscriptions MOTION: Councilman Donohoo moved for approval. Councilman. Keiser seconded. Passed unanimously. C9)_ Equipment MOTION: Councilman Keiser moved for approval of the items requested. Councilman Bickford seconded. Passed unanimously. MINUTES - MORRO BAY CITY.COUNCIL Special Meeting May 8, 1966 Page Three - MOTION: Councilman Donohoo moved for approval of the police department budget as amended. Council- man Keiser seconded. Roll call vote: passed .unanimously. RECESS: 9:06 P.M. RECONVENED: 9:18 P.M. The next departmental request to be considered was Budget Account No. 37, Harbor•Department. (11 Salaries MOTION:. Councilman Donohoo moved that the figure of " $18,090 be approved. Councilman Bickford seconded. Passed unanimously. C21 Utilities MOTION: Councilman Bickford moved for approval. Council_,: man Keiser seconded. Passed unanimously. C31 Telephone Service MOTION: Councilman Bickford moved for approval. Council- . man Donohoo seconded.. Passed unanimously. (4), Supplies & Maintenance - Automotive . MOTION: Councilman Bickford moved for approval'of this item. . Councilman Donohoo seconded. Passed unanimously. C5). Supplies & Maintenance - Special MOTION: Councilman Bickford moved for approval.. Councilman Keiser seconded.,- Passed unanimously. (6)- Supplies & Maintenance.- Office Equipment MOTION: Councilman Donohoo moved for -adoption. Councilman . Bickford seconded. Passed unanimously.'' C7) Supplies & Maintenance - Buildings &.Grounds MOTION: Councilman Bickford moved for approval 'of this'.item. Councilman Keiser seconded. Passed unanimously. ' r <. MINUTES , MORRO BAY CITY COUNCIL Special Meeting May 8,' 1968 Page Four (8) Contract Services Re: Chemical toilet facilities - Morro -Rock Campground MOTION: Councilman Bickford moved to cut this appropriation to $1,000. Councilman Bickford withdrew his motion pending a determination of the Council as to whether or.not.to leave the campground open this year. (9) Memberships, Books, Maps & Subscriptions MOTION: Councilman Keiser moved for approval of this item. Councilman Bickford seconded. Passed.unanimously. (10) Buildings Re: Restrooms on City T Pier MOTION: Councilman Bickford moved to approve the $2,800 item and eliminate the $2,000 item under Contract Services. Councilman Keiser seconded. Passed unanimously. (11). Improvements - Not Buildings Re: Six additional rental slips at launching ramp MOTION: Councilman Keiser moved to keep this in abeyance until the meeting of May 28. Councilman Bickford seconded. Roll call vote: passed unanimously. Staff to report back on feasibility of leasing these slips to private enterprise. (12) Equipment Re: Replacement of Harbor truck MOTION: Councilman Bickford moved toauthorize this $1,000 item to this budget. Councilman Keiser seconded. Roll call vote: passed unanimously. MOTION: Councilman Mallery moved to adopt, the Harbor budget as amended.- Councilman Donohoo seconded. Roll call Vote: passed unanimously. The next item to be considered was Budget Account No. 38, Parks and Playgrounds. (1) Salaries MOTION: Councilman Doriohoo moved for approval of this item. Councilman Mallery seconded. Passed unanimously. I MINUTES - MORRO BAY CITY COUNCIL Special Meeting May.8, 1968 Page Five (2) Electricity MOTION: Councilman Donohoo moved for adoption of this item. Councilman Bickford seconded. Passed unanimously. , (3) Supplies and Maintenance - Automotive, MOTION: Councilman Bickford moved to approve this item - in the amount of $500. Councilman Keiser seconded. Passed unanimously. (4)- Supplies and Maintenance - Special MOTION: Councilman Bickford moved to approve this item in the amount of•$900. Councilman,Keiser seconded. 'Passed unanimously. (5) Supplies and Maintenance - Buildings & Grounds Re: Street tree trimming - Kings & Estero Avenues MOTION: Councilman Keiser moved to approve the $1,200 item for tree trimming. Councilman Bickford seconded. Passed unanimously. MOTION: Councilman Bickford moved to approve this budget item in the amount of $1,900. Councilman Keiser seconded. Passed unanimously. (6) Equipment MOTION: Councilman Bickford moved to delete $200 from budget code G38-17 and to approve this $900 item. Councilman Donohoo seconded. Passed unanimously. MOTION: Councilman Bickford "moved to.approve this budget as amended. Councilman Keiser seconded. Passed unanimously. 11 ADJOURNMENT Councilman Keiser requested that we adjourn to executive session to discuss personnel. MOTION: Councilman Mallery moved to adjourn to executive session to discuss personnel. Councilman Bickford seconded.. Roll call vote passed unanimously. Meeting adjourned at 10:21 P.M. RECORDED BY: M. J. LITTLE, City Clerk By Cvep m-pnjyDC}E� �IePkhacht May NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that a special meeting of the Morro Bay City Council will be held on Monday, May 6, 1968 at 8:00 A.M. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider the following matter: 1. Personnel May 2, 1968 JOSEPH C. GIANNINI, Mayor City of Morro Bay, California By: M LITTLE, City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 6, 1968 7:30 P.M. Morro Bay Recreation Hall Mayor Giannini called the meeting to order at 7:32 P.M. with the Pledge of Allegiance. ROLL CALL PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery & Mayor Giannini ABSENT: None Mayor Giannini stated this meeting was called for the purpose of considering departmental requests for the 1968-69 fiscal year. 1. The first item to be considered by the City Council was Budget Account 19, Community Promotion - San Luis Obispo County Develop- ment Association Mr. Larry Davis, representative of Morro Bay on the Development Association, reviewed the progress made by the Association during the. past year and some of the projects proposed in .the near future. He requested that the Council approve the request of $Y,000 towards the Association. Discussion held. MOTION: Councilman Mallery moved not to allow the $3,000 for the San Luis Obispo County Development Association budget this'year. Councilman Donohoo seconded., Discussion held relative to the type of industry the Development Association has in mind for this County and area. Roll call vote: AYES: Councilmen Donohoo, Mallery & Mayor Giannini NOES: Councilmen Bickford and Keiser. ABSENT: None 2. The next item to be considered by the City Council was Budget Account 19, Community Promotion -.Morro Bay Chamber of Commerce Mr. A. W. "Pete" Gardner, President of the Chamber of Commerce, stated the Chamber and the newly formed Morro Bay Motel Association have made the decision to present a dual budget to the Council for their con- sideration. It was the feeling of the Motel Association that they could receive a portion of the bed tax collected for advertising purposes. Comments were heard from members of the Council relative to the re- quested budget of $21,500. F MINUTES - MORRO.BAY CITY COUNCIL Special Meeting May 6, 1968 Page Two MOTION: Councilman Mallery moved to reduce the Chamber of Commerce budget from $8,265 as it was.last year by ten percent, making a total of "$7,429 for the 1968-69 fiscal year.. Councilman Donohoo seconded. Further discussion was held and comments were heard from Tex Kurtz, Stan Dolezal, Frank Abruscato and Mr. Connel. Roll call vote: passed unanimously. One other item to be considered under Budget Account 19 was the request of the Highway One Association for $100 towards advertising purposes. MOTION: Councilman Mallery moved that the Highway One Association's request be deferred to another budget session. Councilman Keiser seconded. Passed unanimously. MOTION: Councilman Bickford moved to defer final consider- ation of the Community Promotion budget until a later date. Councilman Keiser seconded. Passed unanimously. 3 (a) MOTION: Budget Account No. 26 - Fire Department Discussion held among members of the Council and staff relative to the requests made by Chief Rieger. . . Councilman Mallery moved for the adoption of the fire department budget in the amount of $119,374. Councilman Mallery's motion died for lack of a second. Further discussion held relative to providing funds for physical examinations for the volunteer firemen, additional personnel requested, and paying the volunteers on a monthly rather than per call basis. MOTION: Councilman Keiser moved to accept the figure of $4,800 for volunteer firemen. Councilman Mallery seconded. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery & Mayor Giannini NOES: Councilman Donohoo' ABSENT: None (b) Electricity, Gas & Telephone Services MOTION: Councilman Keiser ,moved for approval of these three items. Councilman Donohoo seconded. Passed unanimously. MINUTES - MORRO BAY -CITY COUNCIL Special Meeting May 6, 1968 Page Three (c) MOTION: MOTION: AYES: NOES: ABSENT: Supplies and Maintenance - Automotive Councilman Donohoo moved to.allow the amount of $2,350. Councilman Mallery seconded. Councilman Bickford moved that the motion be amended from $2,350 to $2,675 to include an amount to repair the radiator. Councilman Keiser seconded. Roll call vote Councilmen Bickford, Keiser and Mayor Giannini Councilmen Donohoo & Mallery None Roll call vote on original motion: AYES: Councilmen NOES: Councilmen ABSENT: None RECESS: 9:26 P.M. RECONVENED: 9:34 P.M.- (d) Supplies and Maintenance - Special MOTION: Councilman Bickford moved to approve $50 for first aid supplies.. Councilman Keiser seconded. Passed unanimously. MOTION: Councilman Keiser moved for the adoption of this " code in the amount of.$1,875. Councilman Bickford seconded. Passed unanimously. (e) Supplies and Maintenance - Buildings and Ground's RE: Paint, repairs & maintenance necessary for normal operation MOTION: Councilman Bickford moved to approve this $400 item. Councilman Keiser seconded. Roll call .vote: passed unanimously. RE: Removal of 7 tree stumps in back of fire house. MOTION: Councilman'Donohoo moved that this $600 be.deleted., Mayor Giannini seconded. Roll call vote: passed unanimously., MOTION:• •Councilman'Keiser moved to refer this matter to the Planning Commission. .Councilman Donohoo seconded. Passed unanimou,sly'. RE': Window curtains -with rods for living quarters MOTION: Councilman,Bickford moved to include,$7.5 in this. budget for this item._ Councilman.Keiser seconded. Roll call vote: AYES: Councilmen'Bickford,.Keiser, Mallery & Mayor Giannini NOES; Councilman Donohoo, ABSENT: None' L MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 6, 1968 Page Four Re: Parking lot striping material MOTION: Councilman Mallery moved to delete this item and see if the Public Works will do it. . Councilman Donohoo seconded. Passed unanimously. Re:_ Linen Laundry Supply MOTION: Councilman Bickford moved for approval of this item. Councilman Keiser seconded. Passed unanimously. MOTION: Councilman Bickford moved for approval of this code as amended in the amount of $625. Councilman Donohoo seconded. Passed unanimously. C.£1. Memberships, Books, Maps & Subscriptions MOTION: Councilman Keiser moved for adoption of this item. Councilman Bickford seconded. Roll.call " vote: passed unanimously. Cgl. Capital Outlay Re: Resuscitator MOTION: Councilman Bickford moved that this=item be deleted: Councilman Mallery seconded. Passed unanimously. Re: Brass fittings & connections MOTION: Councilman Bickford moved for.approval of.this item. Councilman Keiser seconded. Passed unanimously. Re: Six Plectron selective call receivers MOTION: Councilman Donohoo moved that this item.be deleted. Councilman Mallery seconded. Roll . call vote: AYES: Councilmen Donohoo, Mallery & Mayor Giannini NOES: Councilmen Bickford and Keisei ABSENT: None MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 6, 1968 Page Five MOTION: Councilman Keiser moved to approve the purchase of, two receivers. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford and Keiser NOES: Councilmen Donohoo, Mallery & Mayor Giannini ABSENT: None Motion defeated. Re: Hux Bar MOTION: Councilman Bickford moved for approval of this item. Councilman Donohoo seconded. Passed ' unanimously. Re: Li -feline gun for rescue operations MOTION: Mayor Giannini moved that this item be deleted. Councilman Donohoo seconded. Roll call vote: passed unanimously. Re: Swivel chair for dispatcher's desk MOTION: Councilman Donohoo moved that this item be de-• leted: Councilman Mallery seconded. Roll call 'dote: passed unanimously. Re: Fog nozzle, 2-1/2" MOTION: Councilman Bickford moved for approval of this item. Councilman Keiser seconded. Passed unanimously. Re•. Hose MOTION: Councilman Councilman 'Re: One 1 MOTION: Councilman Councilman repair parts Keiser moved for approval of this item. Bickford seconded. Passed unanimously. Dwer extremity traction splint 11 Bickford moved for approval of this item. Keiser seconded. Passed unanimously.. Re: Adding second channel to present portable radio MOTION: Councilman Donohoo moved to delete this item. Councilman Mallery seconded. Passed unanimously. Re: Two salvage covers MOTION: Councilman Mallery moved to delete this item. Councilman Donohoo seconded. Passed unanimously. MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 6, 1968 Page Six Re: Annual lease payment on,pumper MOTION: Councilman Bickford moved to approve 'this :item.'." Councilman Keiser seconded: 'Passed,unanimously." Re: Air splints MOTION: Councilman Mallery moved to approve one air splint.: Councilman Donohoo.seconded. Passed -.unanimously. MOTION: Councilman Bickford moved for approval of this code in the amount.of $3,752. Councilman Mallery seconded. Passed unanimously`. Z, Chief Rieger asked the'Council to considerthe,payment for college credits in fire science classes in the amount of,$1,.000. MOTION: Councilman Mallery.moved to delete this item., Councilman Donohoo seconded. Roll"call.vote: " AYES: Councilmen Bickford, Donohoo,' Mallery.& Mayor Giannini NOES: Councilman Keiser ABSENT:None MOTION: Councilman Bickford moved for.approval of .Code 26, Fire Department. Councilman Keiser -seconded. Roll call vote: passed unanimously. Councilman Mallery stated 'that -last year -the Recreation Department' was granted $10,492 in their budget, and giving it the same treatment they have given the rest of this this evening, he would make,the following motion: MOTION: Councilman Mallery moved to delete ten percent from the recreation budget to give this depart- ment a total of $9,443. Councilman Donohoo seconded. Discussion held among members of the Council and comments were heard from Leonard Ewing and Kathy Villers who spoke in.favor of the recrea- tion department's program. Roll call vote: AYES: Councilmen Donohoo and Mallery' NOES: Councilmen Bickford, Keiser and Mayor Giannini ABSENT: None Motion defeated" MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 6, 1968 Page Seven ADJOURNMENT MOTION: Councilman Donohoo moved for adjournment. Councilman Keiser seconded. Passed unanimously. Meeting adjourned at 10:50 P.M. RECORDED BY M. J. LITTLE, City Clerk By: CMrs.I Daisy M. Schacht Deputy City Clerk e NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that a special meeting of the Morro Bay City Council will be held on Friday, May 3, 1968, at 1:00 P.M. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California to consider the following matter: 1. Litigation DATED: April 23, 1968 JOSEPH C, GIANNINI, Mayor City of Morro Bay, California ;�� B I I ii M. JQ,L-ITTLI�, City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 3, 1968 7:30 P.M. Morro Bay Recreation Hall The meeting was called to order at 7:30 P_M.;faith the Pledge of Allegiance. ROLL CALL PRESENT: Councilmen.Bickford, Donohoo, Keiser, Mallery and'Mayor Giannini , ABSENT: None 1. Budget Account.No. 27;'Animal Regulations Mrs. Lee of Wood's Animal•Shelter made'her request to the Council for an increase of $50 per month -for the animal control services provided. by the Shelter. MOTION: Councilman Bickford moved that this budget item be approved. Councilman Keiser.seconded. Passed.unanimously. r 2. Budget Account No. 23, Recreation Members of the Parks and RecreationCommissionspoke regarding -the recreation programs sponsored -by the Recreation Department. A petition signed by 158 students and minors, asking that the Council continue with the present recreation program was presented to Councilman Keiser who subsequently presented it to Mayor Giannini. MOTION: Councilman Donohoo,moved that $1,090.per year be approved for Henry Pitzer's salary. Councilman Keiser seconded. Roll call vote: passed unanimously. MOTION: Councilman Keiser moved to approve.the request for one extra lifeguard. Councilman Bickford seconded: Roll, call vote:, passed unanimously. MOTION: Councilman Bickford moved for approval of $9,740 for temporary employees as presented. Councilman Keiser seconded. Roll call vote: AYES: Councilmen':Bickford, Keiser, Mallery and Mayor Giannini' NOES: Councilman Donohoo ABSENT: None RECESS: 8:39 P.M. RECONVENED: 8:52 P.M. MOTION: Councilman Keiser moved that -the amount of $1,275 be approved for Supplies and Maintenance. Councilman Bickford seconded. MINUTES - MORRO BAY CITY COUNCIL - Special Meeting, May 3, 1968, Page Two Councilman Bickford asked Councilman Keiser to amend the amount of-$1,275 to $1,200. Councilman Keiser accepted the amendment. Rollcall vote on amendment: Passed unanimously. Roll call vote on motion: Passed unanimously. Item: Contract Services - Unclassified MOTION: Councilman Keiser moved that the amount of $80•be approved. Councilman Bickford seconded. Roll call vote: passed unanimously. Item: Memberships, Books, Maps, Subscriptions MOTION:• Councilman Bickford moved that we approve this item. Councilman Keiser seconded. Roll call vote: ..passed unanimously. Item: Improvements - Not Buildings a. Croquet field - $200 MOTION: Councilman Mallery moved that this item be deleted from the budget until such time as staff comes up with some suggestions. Councilman Donohoo seconded. Roll, call vote:. passed unanimously. MOTION: Councilman Keiser moved that we refer this to the Parks and Recreation Commission for study for coming up with a program at the Monte Young Park. Councilman Mallery seconded. Roll call vote: passed unanimously. b. Volleyball courts on beach area, storage box for recreation equipment and station for lifeguard MOTION: Councilman Bickford.moved to approve these items in this category. This would be $50 for the volleyball courts, $75 for the storage box and $100 for the station for the lifeguard. .Councilman Donohob seconded. Roll call vote: passed unanimously. C. Equipment j (1) Record Player,, MOTION: Councilman Keiser mooed to approve this item. Councilman Bickford seconded. Roll call vote: passed unanimously. (2) Lifeguard Surfboards MOTION: Councilman Keiser moved to approve this item. Councilman Donohoo seconded. Roll call vote:' MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 3, 1968 Page Three AYES: Councilmen Bickford, Donohoo, Keiser and Mayor Giannini' NOES: Councilman Mallery ABSENT: None ' (3) Community Teen Band MOTION: Councilman Bickford moved for the adoption of this item towards the formation of a community band. Councilman Keiser seconded. Roll call vote: passed unanimously. - MOTION: Councilman Keiser moved that we approve the Recreation budget as amended. Councilman Donohoo seconded.,'Roll call vote: passed unanimously. RECESS: 9:38 P.M. RECONVENED: 9:45 P.M. 3. Budget Account.No. 36; Water Department a. Discussion held regarding transferring Nellie Cecil and Maja Currens out of'the Water -Department into the Finance Department. - - ' MOTION: Councilman Mallery moved that these.two people be trans- ferred to the'Finance Department. Councilman Donohoo seconded. Roll call vote: passed unanimously. Mr. Ludeman stated that with the addition of these two people to the Finance Department, the new totals for salaries will be as follows: Salaries, $47,989; Retirement, $3,052; State Compensation Insurance', $1,920; Group Insurance, $332.' MOTION: Councilman Bickford moved to approve the salaries as - scheduled. Counci'lman Donohoo seconded. Roll call vote: passed unanimously. b. Electricity - $21,000 MOTION: Councilman Donohoo moved to reduce this figure to $20,000. Councilman Mallery seconded. Roll call vote: passed unanimously. C. Telephone - $700 MOTION: Councilman Mallery moved for the approval of this item. Councilman Donohoo seconded. Roll call vote: passed unanimously. d. Professional Services MOTION: Councilman Mallery moved that this item be deleted.' Councilman Bickford seconded. Passed unanimously. t MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 3, 1968 Page Four, e. Supplies and Maintenance - Automotive• - MOTION: Councilman Donohoo moved for the approval of $2,500. Councilman Bickford seconded. Passed unanimously. , f. Supplies and Maintenance - Special MOTION: Councilman Mallery moved for the adoption of the $7,000 item. Councilman Donohoo seconded.. Passed unanimously. g. Supplies and Maintenance - Buildings and Grounds MOTION: Councilman Donohoo moved that this item be adopted. Councilman Bickford seconded. Passed unanimously. h. Rents and Leases MOTION: Councilman Mallery moved that the item of the Pacific Gas and Electric Company lease be left in the budget and that it be referred to our attorney to see if the contract can be cancelled. Councilman Keiser seconded. After discussion, Councilman Mallery withdrew his motion and Council- man Keiser withdrew her second. MOTION: Councilman Mallery moved to delete the item from the budget upon an affirmative opinion of the city attorney. Councilman Donohoo seconded. Passed unanimously.' i. Contract Services - Unclassified Re: Bank of America Water Billing MOTION: Councilman Donohoo moved that this item be 'transferred to the Finance Department. Councilman Bickford seconded. Passed unanimously. Re: Typewriter Contract MOTION: Councilman Bickford moved that this item be transferred to the Finance Department. Councilman Mallery seconded. Passed unanimously. Re: Tank Interior Inspection MOTION: Councilman Bickford moved for approval. Councilman Donohoo seconded. Passed unanimously. j. Memberships, maps,•. books, etc. Delete technical books. MOTION: Councilman Bickford moved for approval. Councilman Keiser seconded. Passed unanimously. MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 3, 1968 Page Five k. Buildings MOTION: Councilman Bickford moved that we budget $600 in this category. Councilman Mallery seconded. Passed unanimously. 1. Improvements - Not Buildings Re: Meters and Service Installation Materials MOTION: Councilman Bickford moved for approval of the $5,200 for this item. Councilman Mallery seconded. Passed unanimously. Re: Install submersible pump, etc. at Well No. 11 located on Romero Ranch MOTION: Councilman Mallery moved for adoption of this item. Councilman Bickford seconded. Passed unanimously. Re: Install well sealing device in Well No. 5 on Errol Street MOTION: Councilman Donohoo moved for the adoption of this item. Councilman Bickford seconded. Passed unanimously. . Re: Install 2400 feet of 8° water main and fire hydrants on Beachcomber Drive from Whidbey Street to Java Street and install 400 feet of 0 water main on Market -Street from Morro Bay Boulevard to Pacific Street. MOTION: Councilman-Mallery moved for the adoptions of items 4 and 5. Councilman Donohoo seconded., Passed unanimously. (1) Equipment Re: Backhoe attachment - to be repaired MOTION: Councilman Mallery moved that the'item of $500 be approved. Councilman Donohoo seconded. Passed unanimously: Re: Portable Diaphragm Trench Pump MOTION: Councilman Mallery moved for the 'adoption of Item 3 in the amount of $350. Councilman Bickford seconded. Passed unanimously. Re: Mobil Radio Unit for Vehicle MOTION: Councilman Bickford.moved for,tHe adoption of item'4. Councilman Keiser seconded: Passed unanimously. Re: 7 inch Portable Electric Handsaw MOTION: Councilman Donohoo moved that this item be approved. Councilman Bickford seconded. Passed unanimously: MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 3, 1968 Page Six Re: Set of Twist Drills for 1/2 inch Drive Drill MOTION: Councilman Mallery moved for the -adoption of item 7. Councilman Donohoo seconded. Passed unanimously. Re: 8 inch Pipe Tongs MOTION: Councilman Keiser moved for adoption of this, item. Councilman Donohoo seconded. Passed unanimously. MOTION: Councilman Bickford moved for the adoption of Code G36, Water Department, as amended. Councilman Mallery seconded. "Passed unanimously. MOTION: Councilman Mallery moved for adjournment. Councilman Donohoo seconded. Passed unanimously. Meeting adjourned at 10:30 P.M. RECORDED BY: MALCOLM J. LITTLE City Clerk By (Mrs.) Daisy M. Schacht Deputy City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that a special meeting of the Morro Bay City Council will be held on Wednesday, May 1, 1968, at 6:30 P.M. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider the following matter: 1. Personnel JOSEPH C. GIANNINI, Mayor Cit of Morro B Calif. By: M. le, City Clerk Dated: April 30, 1968 MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 1, 1968 Page Two 2-c Supplies and Maintenance - Buildings and Grounds Paint for exterior of Public Works Building MOTION: Councilman Bickford moved to approve this $300 item. Councilman Keiser seconded. Roll call vote: passed unanimously. 2-d Equipment MOTION: Councilman Mallery moved to approve one 10-drawer tracing file and the base and to delete the 5-drawer file. Councilman Donohoo seconded. Roll call vote:' passed unanimously. MOTION: Councilman Bickford moved that we approve the Engineering and Administration budget as amended. Councilman Mallery . seconded. Roll call vote: passed unanimously. 3. Budget Account No. 31, Parking Facilities MOTION: Councilman Donohoo moved that this item be deleted. Councilman Keiser seconded. Roll call vote: passed unanimously. 4. Budget Account No. 32, Storm Drains MOTION: Councilman Mallery moved that.the $4,000 be granted. Councilman Bickford seconded. Roll call vote: passed unanimously. MOTION: Councilman Mallery moved for approval of the Storm Drain Budget. Councilman Bickford seconded. Roll call vote:' ,passed unanimously. 5. Budget Account No. 33, Streets 5-a Supplies and Maintenance - Auto, MOTION: Councilman Mallery moved to adopt this budget request for $2,000. Councilman Donohoo seconded. Roll call vote: passed unanimously. 5-b Supplies and Maintenance -,Special MOTION: Councilman Bickford moved for approval of this $2,500 item. Councilman Keiser seconded. Roll call vote: passed unanimously. 5-c Equipment MOTION: Councilman Keiser moved that we purchase a new seven yard dump truck for replacement of the old dump truck. Councilman Bickford. seconded. Roll call vote:• passed unanimously. " t MINUTES - MORRO BAY CITY.COUNCI_L Special Meeting May 1, 1968 7:30 P.M. Morro Bay Recreation Hall: The meeting was called to order at 7:30 P.M. by Mayor Giannini with the Pledge of Allegiance. ROLL CALL PRESENT: Councilmen Bickford, ,Donohoo, Keiser;.Mallery and Mayor Giannini ABSENT: None Mayor Giannini stated this meeting was called for the.purpose of considering departmental budget requests. 1. Budget Account No. 18,. General 'Government Buildings 1-a Mr. Little reviewed the staff recommendations. Discussion was held relative to the telephone service to the Recreation Hall. MOTION: Councilman Mallery moved that Mr. tittle find out what an extension phone would cost the City to put in the Recreation Hall with a lock on it to control who uses it. After discussion, Councilman Mallery withdrew his motion. MOTION: Councilman Mallery moved that we delete the $125 from the preliminary budget and put a phone in the Recreation Hall, restricted to the local extension.. Councilman Keiser seconded. Roll call vote: passed unanimously. 1-b Buildings: Storage sheds at maintenance yard MOTION: Councilman Mallery moved that this $2,100 be included in the budget. Councilman Bickford seconded. Roll call vote: passed unanimously. 1-c Storage room for City Hall - $1,500 MOTION: Councilman Keiser moved that we cover the existing court yard and use it as a record room. Couricilman Donohoo seconded. Roll call vote: passed unanimously. MOTION: Councilman,Bickford moved that we approve General Government Buildings, Code 18, as amended. Councilman Mallery seconded. Roll call vote: passed unanimously. 2. Budget Account No. 30, Engineering and Administration 2-a Professional Services - Engineering MOTION: Councilman Mallery moved to accept the $12,500 as recommended. Councilman Keiser seconded. Roll call vote: passed unanimously. 2-b Office Supplies MOTION: Councilman Mallery moved that a Xerox table model No. 813 be contracted for a period of one year with a 90 day trial basis for the Department of Public -Works. Councilman Donohoo seconded. Roll callivote':-•passed unanimously. MINUTES - MORRO BAY CITY COUNCIL Special Meeting May.l, 1968 •6:30 P.M. City Hall Conference Room The meeting was called to order by Mayor Giannini at 6:37 P.M. ROLL CALL PRESENT: Councilmen Bickford, Donohoo, Keiser, Mallery & Mayor Giannini ABSENT: None MOTION: Councilman Donohoo moved that the meeting be adjourned to executive session. Councilman Bickford seconded. Passed unanimously. The purpose'of this'meeting is to meet and talk with Mr. James Madden, Attorney at Law, -regarding the possibility of hiring him as interim city attorney. Councilman Donohoo reviewed the actions taken by himself and Council- man Mallery as a committee of the Council in interviewing prospective attorneys for the position of,city attorney for the City. Members of the Council questioned Mr. Madden relative to his quali- fications, the services to be performed by him as city attorney, his feelings on the current litigation, and his feelings regarding con- sulting with Peter M Kardel on the litigation. Discussion held. MOTION: Councilman Donohoo moved that Mr. Madden be retained as city attorney on an interim basis at a retainer fee of $500 per month and $30 per hour for extraordinary fees. Said appointment to be effective May 1, 1968. Councilman Mallery seconded. Roll call vote: passed unanimously. Councilman Mallery requested that Mr. Madden draft a letter to present to the Council relative to his fees and what would be considered as normal services. The City Council indicated to Mr. Madden their desire to have him present on Friday, May 3, 1968, at 1:00 P.M. to meet with Mr. Kardel and the City Council to discuss the current litigation.. Mr. Madden stated he would be present at this meeting. MOTION: Councilman Mallery moved that the executive session . be adjourned to open meeting. Councilman Donohoo seconded. Passed unanimously. MOTION: Councilman Donohoo moved that the meeting be adjourned. Councilman Keiser seconded. Passed unanimously. Meeting adjourned at 7:11 P.M. RECORDED BY: M. J. LITTLE, City Clerk '&V' l61v— By (Mrs.)Daisy M. Schacht Deputy City Clerk l MINUTES - MORRO BAY CITY COUNCIL` Special Meeting May 1, 1968' - Page Three Mayor Giannini stated that at 6:30 P.M. this evening the Council' met with James Madden who is'presently the City Attorney for Paso Robles and the City.Council voted to retain him as 'City Attorney on an interim basis. His salary to be $500 per month as a retainer and $30 per hour for extraordinary fees'. RECESS: 8:58 P.M. RECONVENED:' 5-d Street,Construction and Maintenance No. 1 Harbor Street Project No. 2 Beach Street Project MOTION: Councilman Mallery moved that Item 2 be'iricluded in the budget, that.Item 1 be deleted from the -budget and that we direct staff to start some.planning studies on'some select system roads in the Del Mar.area. Councilman , Donohoo seconded. After discussion, Councilman Mallery withdrew his motion -and Councilman Donohoo withdrew his second. MOTION: Councilman Mallery moved to delete Item 1 from the construction program but leave the amount.of $12;500'.. in the budget and.approve. Item 2 in the amount -of $12,500 for Beach Street as proposed and that the amount of $25,093 be included in the budget. Council- man Donohoo seconded. Passed unanimously. MOTION: Councilman Mal-lery moved to direct 'staff and'the' Department of Public Works to determine the best select system street -in Morro Del Mar for a project .: and report -back. Councilman Keiser seconded. Passed unanimously. 5-e Street Maintenance MOTION: Councilman Bickford moved for.the approval of the street maintenance budget. Councilman Keiser seconded: Passed unanimously. MOTION: Councilman Mallery moved that the street department . budget be adopted in Code G-33 in its entirety as amended. Councilman Donohoo seconded. Passed unanimously. 6. Budget Account No. 34; Sanitary Department' 6-a Improvements - Not Buildings (Re: Cement,Bricks) MOTION: Councilman Donohoo movedt"to 'reduce that amount to $1,250. Councilman Keiser seconded. Passed'unanimously. MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 1, 1968 Page Four 6. Regulator valve for waste gas burner MOTION: Councilman Mallery moved that Item 2 be approved for $300. Councilman Bickford seconded. Passed unanimously MOTION: Councilman Mallery moved that the Sanitary Budget be approved as corrected. Councilman Donohoo seconded. Passed unanimously. ADJOURNMENT MOTION: Councilman Keiser moved for adjournment. Councilman Bickford seconded. Passed unanimously. Meeting adjourned at 10:08 P.M. RECORDED BY: MALCOLM J. LITTLE, %City gClerk By (Mrs. Daisy M. Schacht. Deputy City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold special meetings on April 29, May 1, 3, 6, 8 and 10, 1968, 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 1968-69. DATED: April 23, 1968 JOSEPH C. GIANNINI, Mayor City of Morro Bay California IV By: M. LITTLE, City Clerk i MINUTES - MORRO BAY CITY COUNCIL Special Meeting April 29, 1968 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 stated this meeting was called for the purpose of considering the proposed salary recommendations for the coming fiscal year. ROLL CALL: PRESENT:. Councilmen Bickford, Donohoo, Keiser, Mallery and Mayor Giannini ABSENT: None Item 1 Mr. Little requested the City_Council consider the salary'recommendations as presented by the "staff and as recommended by the Morro Bay City Employees' Association for the 1968-69 fiscal year. The question of additional personnel requested should be considered with the individual department heads. Mr. Little reviewed the proposed salary program for the benefit of the Council and those present. The salary'recommendations of the staff was .for a one iange increase across the board plus paying the full group medical insurance for each employee.which would amount to an additional $7 per month per employee., Councilman Mallery stated that 'since the employees did receive a blanket increase last year, that he was not in favor of a salary increase for the coming fiscal year.' Councilman Keiser stated she would like to see the Council at least pay for the insurance for each employee. Discussion held relative to the increase in the cost of living and a re-evaluation of each city employee.. Comments were heard from Mr. Ken Valley.representing the Morro Bay City Employees' Association regarding their source of information which formed the basis for their recommendations. Further discussion held among members of the Council and audience. MOTION: Councilman Mallery moved that we leave the salaries as they are for this year. Councilman Donohoo seconded. Councilman Keiser requested that Councilman Mallery amend his motion to include that the health insurance be paid by the City. Councilman Bickford seconded the amendment. Roll call vote on amendment: AYES: Councilmen Bickford and Keiser NOES: Councilmen Donohoo, Mallery and Mayor Giannini Roll call vote on motion AYES: Councilmen Donohoo, Mallery and Mayor Giannini NOES: Councilmen Bickford and Keiser ABSENT: None MINUTES - MORRO Special Meeting Page Two BAY CITY COUNCIL April 29, 1968 Discussion held relative to establishing a system for evaluating the employees. MOTION: Councilman Mallery moved that a committee of two Councilmen be appointed to work with the City Admin- istrator, staff and department heads regarding salaries. Councilman Keiser seconded. Passed unanimously. Mayor Giannini appointed Councilmen Bickford and Donohoo to act as a committee of the Council.' Item 2 Mr. Little"requested.that the Council consider dates .for future budget conferences to consider individual departmental requests. After discussion, it was determined that•• the budget 'conferences would be held.on the following dates: May 1 _ Department of Public`Works May 3 - Balance of.Department of Public Works and Recreation'Department . May 6 - Fire Department and Chamber of Commerce May 8 - Police Department May 10 - Balance of departments Item 3 Budget Account.10 -'City Council Mr. Little reviewed the recommendations of the administrative staff for this budget account. Discussion held regarding travel requests. MOTION: Councilman Mallery moved that in the future.all travel requests by all personnel employed by the City come to the City Council for approval. Councilman Donohoo asked that Councilman Mallery amend his motion to include that it be done prior to any travel authorization. Councilman Mallery accepted the amendment. Discussion was held among the members of the Council as to how the travel fund would be handled. Councilman Mallery amended his motion to include that the staff prepare a resolution regarding the mechanics of handling of travel requests. Councilman Donohoo seconded Councilman Mallery's motion and amendments. Roll call vote: passed unanimously. MOTION: Councilman Mallery moved that the City Council budget be tentatively approved at the figure of $10,519. Councilman Donohoo seconded. Roll call vote: passed unanimously. Item 4 Budget Account 11 - City Administrator Mr. Little reviewed the requests and recommendations of the administrative staff for this budget account. Mr. Little suggested that the amount of $9.50 for equipment be deleted at this time. r i MINUTES - MORRO BAY CITY COUNCIL Special Meeting April 29, 1968 Page Three MOTION: Councilman Bickford moved that the City Administrator's budget be approved as, amended. Councilman Keiser seconded. .Roll call vote: .passed unanimously. Item 5 Budget Account'15 - City Attorney Discussion held. MOTION: Councilman Mailery moved to approve tentatively the legal budget,as-presented in'the amount of $6,000. Councilman Donohoo seconded.. Roll call voter passed unanimously. ADJOURNMENT: MOTION: Councilman Keiser moved.for adjournment., Councilman Mallery seconded. Passed unanimously.' Meeting adjourned at 9:40 P.M. RECORDED BY: MALCOLM J. LITTLE, City Clerk By (Mrs.) Daisy M. Schacht Deputy City Clerk MINUTES - MORRO BAY CITY COUNCIL' Special Meeting April 29, 1968 11:00 A.M. City Hall Conference Room This is an adjourned meeting from the executive session=held this date and which adjourned from executive session to open.meeting at 11:00 A.M. Item 1 Councilman Mallery stated he would like to 'see the format of the City Council Agenda changed so that Individual Action by the City Council is the first',item on the Agenda. Discussion held. MOTION: Councilman Mallery moved that the City Council Individual Action be placed as the number one item on the Agenda. Councilman Donohoo seconded. Passed unanimously. Item 2 Mayor Giannini asked if any members of the Council would. object to his moving them to different positions,at.the Council meetings. It was the.concensus of opinion that the members of the Council wished to retain their present seating positions.. Item.3 Councilman Donohoo and Councilman Mallery made a report on the attorneys they had interviewed for the position of interim city attorney. Those contacted were Roger Noorthoek, San Luis Obispo; Shipsey & Seitz, San Luis Obispo;.Paul Davis; San Luis Obispo; and.Jim Madden, Paso Robles. .They reviewed each attorney's qualifications and the monthly retainer, and hourly cost for litigation. MOTION: Councilman Donohoo moved that we employ Mr. Madden on an interim basis at $350 per month as a retainer and $30 per hour.for litigation costs. Discussion was held and it was determined that the other members of the Council should meet and.talk with Mr. Madden priorto making any decision. Councilman'Mallery•seconded the motion. After further discussion, Councilman Donohoo withdrew his motion and Councilmah Mallery withdrew his second.' MOTION: Councilman Mallery moved that we.hold a special meeting on Wednesday, May 1, 1968, at 6:30 P.M. in the City.Hall, Conference•Room'to meet and talk with Mr. Madden regarding his employment as interim city attorney.' Councilman Donohoo seconded.. Passed unanimously. MOTION: Councilman Bickford moved that.the.meeting be adjourned. Councilman Keiser seconded. Passed unanimously. Meeting adjourned at 11:52"A.M. ' RECORDED BY:' MALCOLM J: LITTLE, City Clerk• ,2) ,��. By (Mrs.)_ Daisy M. Schacht Deputy City Clerk - April 19, 1968 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a Special Meeting on Monday, April 22, 1968, at 8:00 A.M., in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. AGENDA Call to Order Roll call Adjourn to Executive Session Item 1. (a) Litigation (b) Personnel Return to Open Meeting Adjournment Joseph C. Giannini, Mayor By: ot, �( C. TED WHITE, City Clerk Copies to: The Bulletin The Sun Telegram Tribune KATY Radio KSLY Radio KVEC Radio KSBY-TV Posted at Morro Bay City Hall April 18; 1968 NOTICE OF SPECIAL MEETING The Morro Bay City Council will hold a Special Meeting on Friday, April 19, 1968, at 7:30 P. M., in the City Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, to consider the following matters: 1. Request for approval of dock installation on Lease Site 102W, Frank Brebes 2. Budget Conference a. Presentation by Morro Bay City Employees Association b. City staff proposals JOSEPH C. GIANNINI, Mayor By \. C. TED WHITE, City Clerk A Copies to: The Bulletin The Sun Telegram Tribune KATY Radio KSLY Radio KVEC Radio KSBY TV Posted at Morro Bay City Hall a MINUTES - MORRO BAY CITY COUNCIL Special Meeting April 19, 1968 7:30.P:M. Morro Bay Recreation Hall Mayor Giannini called the meeting to order at 7:32 P.M. with the Pledge of Allegiance. He stated.this was a special meeting called by the City Council and had been duly noticed. Item 1 Request for permission to construct floating docks in the waters of Morro Bay Harbor - Frank Brebes, Lease Sites 102 and 102W Mr. White stated this item'was.presented to the Council on the 16th for their consideration. Mr. Brebes has requested permission to construct improvements on his lease sites which will include the installation of floating docks to provide for the mooring of two sport fishing boats, which use was granted previously'by the Council. He has requested consideration of the extension of the lease site to the top of the revetment line. A map showing the proposed improvements was presented to the Council for their consideration. MOTION: Councilman Bickford moved that we approve this application and submit the request for approval to the Corps of Engineers.. Councilman Keiser seconded. Councilman Mallery stated he felt this would not be in the best interests of the City. Mr. White stated the lease would have to be amended to add the 60 feet to the watersite before any construction could be commenced. Comments were heard from Mr. Brebes relative to what is proposed for the future. Roll call vote: AYES: Councilmen Bickford and Keiser and Mayor Giannini NOES: Councilman Mallery ABSTAINED: Councilman Donohoo ABSENT: None Item 2 Presentation of salary recommendations for the 1968769' budget Cal Mr. Kenneth Valley, President of the Morro Bay City Employees' Association, presented the Council with their salary recommendations for the coming fiscal year, and reviewed the basis for their recommendations. (b) Mr. White next presented the Council with the staff recommendations relating to all categories of.employment within the City. He stated the basic recommendation is a one -range increase for all employees, plus three additional personnel, one in Police, one in Fire and one in Harbor. In,addition, staff recommended that the City pay the employees' share of the group insurance which would amount to $11 per month per employee, or an additional $7 per month as the City currently pays $4 towards the employees' group insurance. I MINUTES - MORRO BAY CITY COUNCIL ` Special Meeting April 19;'1968 Page Two Mr. White stated this is presented at the meeting so that the City Council can have time to study the salary recommendations. prior to the budget conferences. MOTION: Councilman Keiser moved that the.meeting be adjourned. Councilman Donohoo seconded. Passed unanimously. The meeting was adjourned at 8:37 P.M. RECORDED BY: C. TED WHITE, City Clerk All By (Mrs.)_ Daisy M. Schacht -Deputy City Clerk NOTICE CANCELLING SPECIAL MEETING The special meeting called by Mayor J. S. Surfluh for Monday, April 15, 1968 at 4:00 P.M. at the Morro Bay City Hall, 595 Harbor Street, Morro Bay, California, to consider matters pertaining to litigation and personnel is herewith cancelled at the order of Mayor Surfluh. Dated: April 12, 1968 J. S. SURFLUH, Mayor City of Morro Ba y oe�kdl-" By:- C. TED WHITE, City Clerk City of" -Morro Bay s NOTICE OF SPECIAL MEETING Under the provisions of Section 54956 of the Govern- ment Code, NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of Morro Bay will be held on Monday, April 15, 1968, at 4:00 P.M. in the Morro Bay City Hall, 595 Harbor Street, Morro Bay, California, to consider the following matters: 1. Litigation 2. Personnel J./S. SURFLUH, ayor i�ty of MorroG y, Calif. April 11, 1968 1:30.P.M. CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING April 16, 1968 7:30 P. M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular Meeting of March 26, 1968 ' HEARINGS, APPEARANCES AND REPORTS A-1 Presentation of annual franchise payment from P. G. & E. A-2 Report from Planning Commission on request for use permit for helicopter service UNFINISHED BUSINESS B-1 Ordinance No. 72, Underground Utilities Ordinance (Second reading) B-2 Request approval of Police Mutual Aid Agreement B-3 Review of cost of directional sign program B-4 Approval of Expenditure Reports for period March 1 thru April 15, 1968 B-5 Resolution declaring result of the Municipal Election NEW BUSINESS C-1 Presentation of Certificates of Election and Oath of office to new City Council C-2 Seating of new City Council C-3 Conduct of election for the,office of Mayor by the City Clerk C-4 Seating of new Mayor and election for the office of Mayor Pro Tempore C-5 Mayor's Proclamation on Public Schools Week C-6 Resolution amending uniform procedures for withdrawal of funds INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meetings: May'14 and 28, 1968 2. Planning Commission Meetings: April 23'and May 7, 1968 i MINUTES - MORRO BAY CITY COUNCIL,•, Regular Meeting April 16, 1968 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 Surfluh gave,;the 'invocation. ROLL CALL: PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh ABSENT: None MINUTES: The minutes of the regular meeting of March 26, 1968 were considered by the Council. Mayor Surfluh asked if there were any corrections or additions to be made to said minutes. MOTION: Councilman Bickford moved that the minutes of March 26, 1968 be approved as written. Councilman Mallery seconded., Passed unanimously. HEARINGS, APPEARANCES AND REPORTS: A-1 Presentation of annual franchise payment from Pacific Gas and Electric Company Mr. Roy Whitford, representative of the Pacific Gas and Electric Company, presented the City Clerk with a check in the amount of $4,952.75 which represented one percent of the gross annual receipts derived from the sale of electricity within the City of Morro Bay for the calendar year 1967. Mr. White stated it would be appropriate at this time to recognize Southern Counties Gas Company's franchise payment to the City in the amount of $9,020.14. No Council action required. A=2 Report from Planning Commission on request for use permit for helicopter service Mr. White reviewed the action taken previously by the City Council . relative to this matter and then reviewed the report and recommendation of the Planning Commission for the benefit of the Council and those present. Said Planning Commission Report recommended to the City Council that the establishment of said helicopter service would not be in the best interests of the City of Morro Bay. MOTION: Councilman Bowen moved that this matter be deferred to the incoming Council for a determination. Councilman Keiser seconded. Passed unanimously. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 16., 1968 Page Two UNFINISHED BUSINESS: B-1 ORDINANCE NO. 72. .AN ORDINANCE CREATING CHAPTER.VI TO TITLE IX OF THE MORRO BAY MUNICIPAL CODE ENTITLED UNDERGROUND UTILITIES ORDINANCE ;. MOTION: Councilman Mallery moved thatweread Ordinance No. 72 by title only. Councilman Bowen seconded.,, Roll call vote: passed unanimously. Mr. White read Ordinance No. 72 by title only. Said reading to constitute the second reading, MOTION: Councilman Bickford moved for the adoption of Ordinance No. 72. Councilman Keiser_ seconded. Roll'call vote: passed unanimously. B-2 Request approval of Police Mutual Aid Agreement Mr. White reviewed the action taken previously by the City Council relative to the Police Mutual Aid Agreement for the benefit of the Council and those present. RESOLUTION NO. 23-68. RESOLUTION APPROVING AND AUTHOR- IZING SIGNING OF SUPPLEMENTAL POLICE MUTUAL AID.AGREE- MENT AND REVOKING RESOLUTION NUMBER 136-65 Mr. White read Resolution No. 23-68 in its entirety. MOTION: Councilman Keiser moved for the adoption of Resolution No. 23-68. Councilman Mallery seconded. Roll call vote: passedunanimously. B=3 Review of cost of directional sign program Mr. White reviewed the report from Mr. Spellacy, Director of Public Works, relative to the quantity, description and cost of the directional signs to public facilities. MOTION: Councilman Bowen moved that the matter be deferred to the incoming Council for their consideration. Councilman Bickford seconded. Passed unanimously. B-4 Approval of Expenditure Reports for period March l through April 15, 1968 Mr. Joe Giannini requested the Council to defer this item to New Business as he had questions on some of the bills and felt it was not up to the old Council to approve these reports. Mayor Surfluh informed Mr.,Giannini that these bills have already been paid by the present administration. Mr. Giannini stated that if the Council did approve these expenditure reports that when he was seated as a Councilman he would make a motion to rescind it. MINUTES - MORRO BAY CITY.COUNCIL Regular Meeting April 16, 1968 Page Three He stated he questioned the legality of this being Old Business and that the new Council should approve payment of these bills. Mayor Surfluh stated this is the same procedure for paying bills that has been used since incorporation. Councilman Mallery stated that the reason why the Expenditure Report for March 1 through March 15, 1968 was not approved at the meeting of March 26 was because copies of the report were not available at that time and that it had been deferred to this meeting. Mayor Surfluh entertained a motion to approve the Expenditure Reports for the periods March 1 through March 15, March 16 through March 31, and April l through April 15, 1968. MOTION: Councilman Bowen moved that the Expenditure Reports for the periods March 1 through March 15, March 16 through March 31, and April 1 through April 15, 1968 be approved. Councilman Keiser seconded. Roll call vote: passed unanimously. B-5 RESOLUTION NO. 24-68.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF MORRO BAY ON THE 9TH DAY OF APRIL, 1968.AND,DECLARING THE RESULT THEREOF Mr. White read Resolution No. 24-68 in entirety. MOTION: Councilman.Mallery,moved for the adoption of Resolution No. 24-68. Councilman Bickford seconded. Roll call vote: passed unanimously. NEW BUSINESS: . C-1 C-2 Presentation of Certificates of Election and Oath of Office to New City Council . Mr. White called the newly elected Council members forward to receive the Certificate of Election and Oath of Office. The new Councilmen, Fred R. Donohoo,. Sr. and Joseph C. Giannini were duly' sworn in by the City Clerk. , Mayor Surfluh stated that he and Mr. Bowen were the last of the original Council, who, on July 17, 1964 inherited the task of starting a city without funds, and without laws; but additionally. and completely uniquely, a very costly and dangerous tidelands title lawsuit was inherited. He further stated that at this meeting they were passing on a very solvent city government with approximately $300,000 in the bank, the required ordinances and procedures to carry on city government, and the tidelands litigation in the process'of a fair.and honorable settlement. Mayor Surfluh stated he'and Mr. Bowen sincerely hope that their efforts have not been in vain. 0 • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 16, 1968 Page Four C-3 Conduct of election for the office of'Mayor by the City Clerk Mayor.Surfluh turned the meeting'over to -the City Clerk for the conduction of electing a Mayor for the term of two years. Mr. White stated nominations will be asked for from the floor and after the completion of the election of the Mayor, the new Mayor will conduct the election for the office,of Mayor Pro Tempore. Councilman Keiser nominated Joseph C. Giannini; Councilman Mallery nominated Fred Donohoo'. MOTION: Councilman Keiser moved that the nominations be closed. Councilman Bickford seconded. Roll.call vote: passed unanimously. Councilman Mallery requested a roll call vote on the nominees. Councilman Giannini': Councilmen Bickford, Keiser and Giannini Councilman Donohoo: Councilman Mallery Councilman Donohoo abstained. Mr. White declared Joseph C. Giannini as the newly elected Mayor of the City of Morro Bay for the term of two years. Mayor Giannini stated he would like to explain why he accepted the position of Mayor. He stated he had received several calls from citizens requesting that he seek the position of Mayor and he feels he is doing a service to the people and hopes to be able to fulfill this job. C=4 Conduct of election for the office of Mayor Pro Tempore Mayor Giannini declared nominations open for the office of Mayor Pro Tempore. Mayor Giannini nominated Fred Donohoo, who declined and nominated Wesley Mallery; Councilman Keiser nominated Wayne Bickford who declined. Councilman Mallery declined. Councilman Bickford nominated Councilman Keiser, who declined and 'nominated Councilman Donohoo. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery and Mayor Giannini NOES: Councilman Donohoo Mayor Giannini declared Councilman Fred Donohoo as the newly elected Mayor Pro Tempore. C_5 Mayor's Proclamation on Public Schools Week Mr. White stated a request has been received from the.San Luis Coastal Unified School District requesting the Mayor to issue a proclamation relative to Public Schools Week,'April 22 through' April 27, 1968. He then read the proposed Proclamation in its MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April i6, 1968 Page Five entirety. Mr. White stated that according to provisions of .the Government Code, the Mayor can issue Proclamations without the City Council having to take any official action.. C-6 RESOLUTION NO. 25-68. RESOLUTION AMENDING PROCEDURES FOR WITHDRAWAL OF FUNDS FROM ACTIVE AND INACTIVE ACCOUNTS AND REVOKING RESOLUTIONS NO. 43-65 AND 45-65 Mr. White stated that with the seating of a new Council, some attention must be given to the responsibility of the Finance Officers of the City to -continue the daily function of paying bills without any undue delay. In seeing that this is done, signature cards for the new Mayor.and vice Mayor'will have be completed and a new resolution amending the proceduring for with- drawing funds from active and inactive accounts. Mr. White then read Resolution No. 25-68 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 25-68. Councilman Keiser seconded. Roll call vote: passed unanimously. C-7 Request for permission to construct floating docks in. AZ tided) the waters of Morro Bay Harbor - Frank Brebes, Lease Sites 102 and 102W Mr. White stated a request was received late this afternoon from Frank Brebes regarding his request for permission to continue with installation of structures.and improvements in the water area of his lease site in relation to the approved additional use of a sport fishing business. Mr. White stated that he must have approval of the City Council prior to submitting his request to the Corps of Engineers -for their consideration. He requested that in the establishment of further meeting dates to consider the budget matters, that this item be considered at the earliest possible date so that the request can be presented to the Corps of Engineers. C-8 Mr. White requested the City Council to consider dates A—Cded) for future budget conferences at this time. He reviewed the adopted budget calendar for the benefit of the Council and those present. He stated a request has been received from the Morro Bay City Employee's Association to be placed on the Agenda to make their presentation regarding salary recommendations for the coming fiscal year. Discussion held regarding dates and times for budget conferences. MOTION: Councilman Mallery moved that we have the first budget session on salary recommendations on Friday, April 19 at 7:30 P.M. in the Morro Bay Recreation Hall. Council- man Keiser seconded. Roll call vote: passed unanimously. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 16, 1968 Page Six Mr. White stated that, with the approval of the Council, Mr. Brebes' request will be considered at the aforementioned meeting:' The members of the City Council agreed to this. INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council Mayor Giannini stated he wanted to question Item B-4 on the.Agenda, approval of the expenditure reports for the periods March 1 through April 15, 1968. Mr. White reviewed the procedures followed in the past relative to the Council approving the expenditure reports, stating' that all of the expenditures were made under the authorized budget approved by the City Council. Mr. White stated that all future expenditures will be made under the authorization of the new Council and requested an early determination by the Council as to their wishes regarding the existing budget. Mayor Giannini questioned specifically the bills paid to Peter M. Kardel, City Attorney, in the amounts of $4,458, $5,283.63, $2,500 and $411. He stated he had requested information to substantiate these billings from Mr. White this date and was refused. Mayor Giannini was informed that since he had not.been officially sworn in as a Councilman prior to this evening's meeting, that he was not legally entitled to this information; but that this information would now be furnished to him. Mayor Giannini stated he would demand that the motion approving the aforementioned expenditure reports be rescinded immediately until the Council investigates these charges, and that if the information to substantiate these billings is not furnished to him that he will demand a full investigation for the full four years that Mr. Kardel has been the City Attorney. Mr. Kardel reviewed the charges questioned by Mayor Giannini-for the benefit of the Council and those present. MOTION: Mayor Giannini moved that this motion (approving expenditure reports by prior Council) be rescinded and that all bills be paid with the exception of Mr. Kardel's. Mayor Giannini's motion died for lack'of a second. Mr. White urged Mr. Giannini to come in to City Hall at his earliest convenience to go over the procedures and Mr. Kardel's billings.. No further action by the Council. MINUTES - MORRO BAY CITY COUNCIL• Regular Meeting April 16, 1968' Page Seven D-2 City Attorney• Mr. Kardel had nothing to present at this time. D-3. City Administrator Mr. White read a letter addressed to the Council from -himself dated April 16, 1968 relative to his duties as City Administrator and citing sections of the Municipal Code relative to his position Discussion held regarding setting a date and time for an executive session to discuss this matter. Mayor Giannini stated he would like to call an executive session to discuss the.positions of Mr. Kardel, Mr. White and Mrs. Schacht. MOTION: Councilman Keiser moved that the meeting be adjourned to an executive session to discuss personnel and possibly litigation. Councilman Mallery seconded. Roll call vote: passed unanimously. Meeting adjourned to executive session at 8:45 P.M. Executive session adjourned at 10:40 P.M. and regular meeting reconvened at 10:41 P.M. Mr. Kardel reviewed the action taken in the executive session relative to personnel, that being: (1) The Council had voted to censure Mayor Giannini for making the statement that Mrs. Schacht should resign within 30 days; (2) The Council moved to accept the resignation of C. Ted White, City Administrator, if.tendered, paying to him the compensation due to him under, the ordinance plus any accrued vacation time; and, (3) The Council moved to accept the resignation of Peter M. Kardel, City -Attorney. Mr. Kardel to continue for a period of 30 days as a consultant on the tidelands litigation at the rate of $35 per hour for himself and $25 per hour for his associates, plus costs, with weekly rather than monthly bills being submitted to the City. Mayor Giannini wanted to state for the record that.four of the Councilmen voted to retain Mr. Kardel for a period of 30 days and he had been the only dissenting vote. CORRESPONDENCE: 1. Notice from the League of California Cities re: loth Biennial Institute for Mayors and Councilmen to be held May 19-21, 1968 in Anaheim. Councilmen Donohoo, Keiser and Mallery indicated they would attend this conference.• 2. Letter from the San Luis Obispo County Free Library dated April 2_, 1968 forwarding a copy of.Mr. Coolidge's study of library service in,San.Luis Obispo County. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 16, 1968 Page Eight 3. Letter from Fairbanks Morse re:�water desalination. 4. Reminder to the Council of La Fiesta San Luis Obispo to be held May 16, 17, 18, and 19, 1968. 5, Copy of the annual wildlife management unit reports and recommendations for antlerless deer hunts by the Department of Fish and Game. 6, Copy of the summary of the apportionment of vehicle license fee revenues for the 1967%68 fiscal year. 7. Letter from the California Highway Commission re: resolution of the California Highway Commission pertaining to parks. 8. Letter from the California State Chamber of Commerce re: Central Coast Region Highway Projects Study Committee Meetings, One to be held on May 18, 1968 at 'the Madonna Inn in San Luis Obispo. 9.. Notice from League of California Cities re: one -day seminar for finance directors and city treasurers to be held April 241 1968 in Palo Alto. 10. Item of information from the Director of Public Works re: 4 U..S. Navy vessels arriving in Morro Bay on April 25th and requesting mooring facilitie's at the City "T" pier`. No Council action required. 11. Legislative Bulletin dates April 5, 1968 from the League of California Cities. 12, Letter from Assemblyman Ketchum re:,City of'Morro Bay Resolution No. 17-68 relative to allocation of cigarette taxes. 13. Letter from Senator Grunsky re: City of Morro Bay . Resolution No. 17-68..relative to allocation of.cigarette taxes. 14. Letter from Assemblyman John G.'+Veneman re: 'City of Morro Bay Rexolution No. 17-68 relative to allocation of cigarette taxes. MOTION: Councilman Mallery moved that a.letter supporting AB684 be sent to Senator-Grunsky acid Assemblymen Ketchum and Veneman, Councilman Keiser seconded. Passed unanimously. 15. Letter from the South Bay Advisory Committee opposing the installation of an airport in the vicinity of. Turri Road. MINUTES - MORRO BAY.CITY COUNCIL Regular Meeting April 16, 1968 Page Nine 16. Copy of a Minute Order of the County Board.of Supervisors re: letter from the South Bay Advisory Committee on location of the proposed airport. 17. Copy of the Agenda of the Fish.& Game Commission meeting to be held April 26, 1968. 16, Letter from the Morro Bay Yacht Club re: sailing regatta to be held April 20 and 21 and requesting cooperation of police and harbor departments in controlling traffic congestion: also requesting permission to have an armed guard patrol the launching ramp area. Mr. White stated it would be in order to direct'the appropriate City departments to cooperate with the Yacht Club during this function. MOTION: Councilman Donohoo moved that the City Administrator take that action. Councilman Keiser seconded. Passed unanimously.. 19. Letter from the Morro Bay City Employees Association requesting time on the agenda for salary recommendations. MOTION: Councilman Mallery moved that the correspondence be filed. Councilman Donohoo seconded. Passed unanimously. Mayor Giannini appointed Councilmen, Donohoo and Mallery to act as a committee of the Council regarding the hiring of a new City Attorney. ADJOURNMENT: MOTION: Councilman Keiser moved that the meeting be adjourned. Councilman'Mallery seconded. Passed unanimously.. Meeting adjourned at 11:04 P.M. RECORDED.BY: C. TED WHITE City'Clerk By (Mrs.Z Daisy M. Schacht Deputy City Clerk i NOTICE OF SPECIAL MEETING Under the provisions of Section 54956 of the Government Code, NOTICE IS HEREBY GIVEN that a special meeting and executive session of the City Council of the City of Morro Bay will be held on Tuesday, March 26, 1968 at 6:30 P.M. in the Morro Bay City Hall, 595 Harbor Street, Morro Bay, California, to consider the following matter: 1. Pending litigation J.:.S._SURF H, Mayor City r of Mo o Bay, California March 25, 1968 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING March 26, 1968 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of March 12, 1968 UNFINISHED BUSINESS B-1 Resolution ordering canvass of general municipal election B-2 Resolution changing dates of City Council meeting for April, 1968 B-3 Request for resolution authorizing scenic highway study. B-4 Resolution approving Supplemental Police Mutual Aid Agreement B-5 Request for use permit for helicopter service (continued from 3/12/68). NEW BUSINESS C-1 Ordinance No. 72,'Underground Utilities Ordinance (first reading) C-2 Resolution approving amended lease to U. S. Coast Guard C-3 Letter inviting City participation in Youth in Government Day C-4 Request for quarterly allocation to Chamber of Commerce C-5 Recommendation of Planning Commission for directional signs to public facilities INDIVIDUAL DETERMINATION•AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator a. Financial Report CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council meetings: April 16, 1968 2. Planning Commission meetings: ;April 2 and 23, 1968 MINUTES - MORRO BAY.CITY COUNCIL Regular Meeting March 26, 1968 7:30 P.M. Morro Bay Recreation Hall The meeting was called to order at 7:33 P.M. with the Pledge.of Allegiance. Mayor Surfluh gave the.invocation. ROLL CALL PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh ABSENT: None MTMTVPVC The minutes of the regular meeting of March 12, 1968 were considered by the Council. Mayor Surfluh asked if there were any corrections or additions to be made to said minutes. MOTION: Councilman Bickford moved .that the minutes of March 12, 1968 be approved as written. Councilman Bowen seconded. Passed unanimously. HEARINGS, APPEARANCES AND REPORTS: A-1 Report from City.Attorney on settlement of Pipkin, et al., (Added) lawsuit Councilman Keiser asked that the Council deviate from the published Agenda so that the City Attorney could make a report,on the settle-. ment of the Pipkin lawsuit. There being no objections from members of the Council, Mayor Surfluh asked Mr..Kardel for a report -on the aforementioned litigation. Councilman Keiser asked Mr. Kardel why there was no executive session as previously suggested and called. Mr. Kardel stated that after talking to members of ,the Council who felt it would be preferable to discuss the litigation in open session, and since the lawsuit has been settled, it was determined by members of the Council to cancel the executive session and to discuss the settlement in open session. Mr. Kardel reviewed in depth the standing of the current Pipkin'et al., vs. City of Morro Bay'lawsuit for the benefit of the Council and those present. A map showing the litigated property was displayed and reviewed by Mr. Kardel. Mr. Kardel also reviewed.the proposed improvements for the Embarcadero which would consist of new streets, curbs, gutters, sidewalks, drain- age structures, ornamental street lighting, undergrounding of utilities, public areas, landscaping, benches and drinking fountains. Over 400 parking spaces will be created and, ultimately, fishing access piers will be installed at six.locations at existing street ends for free public use'..- He then reviewed the provisions of the 11 MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL March 26, 1968 settlement agreement. Comments were heard from various members of the City Council rela- tive to their opinions regarding the settlement. Lengthy discussion held among members of the City Council. Comments were also heard from Roger Case representing the Assembly for the Beautification of Land and Environment requesting that their group, ABLE, be allowed time to study the proposed.plan and make their recommendations to the City Council before -approving the settlement. Discussion held between Mr. Case, Councilman Keiser and Mr. Kardel. Comments were heard from Joseph Giannini opposing the settlement at this time. Discussion held. MOTION: Councilman Mallery moved that the stipulation be read in its entirety. Councilman Keiser seconded. Passed unanimously. Malcolm J. Little, Administrative Assistant;,read the.Stipulation in its entirety for the benefit of the Council and those present. Further comments were.made by Mr. Kardel regarding the proposed settlement. Mayor Surfluh asked if any member of the Council had any -other ques- tions to ask regarding the stipulation. There•being none, Mr. Little. read Resolution No: 18-68, RESOLUTION APPROVING.STIPULATION IN SETTLEMENT OF MORRO BAY HARBOR LITIGATION, SAN LUIS OBISPO COUNTY SUPERIOR COURT ACTION NUMBER 31598, in its entirety. MOTION: Councilman Bowen moved that Resolution No_.18-68 be adopted. Councilman Bickford,secohded: Roll call vote: AYES: Councilmen Bickford,.Bowen, Keiser and Mayor Surfluh NOES: Councilman Mallery ABSENT: None RECESS: 9:15 P.M. RECONVENED: 9:32 P.M. A-2 Councilman Keiser asked the City Attorney for a.report (Added) on the current status of the Greenwest Acres lease on the Sandspit Mr. Kardel reviewed what has transpired recently relative to this, lease, stating that his office is negotiating with representatives of Greenwest Acres for'a new lease site on shore. No official action taken by the City Council at this time. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 26, 1968 Page Three UNFINISHED BUSINESS B-1 RESOLUTION NO. 19-68. RESOLUTION ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 9TH DAY OF APRIL, 1968, TO BE MADE BY THE CITY CLERK OF THE CITY OF MORRO BAY Mr. Little read Resolution No. 19-68 in its entirety. MOTION: Councilman Mallery moved for the adoption of Reso- lution No. 19-68. Councilman Bickford seconded. Roll call vote: passed unanimously. B-2 RESOLUTION NO. 20-68. RESOLUTION CHANGING COUNCIL MEETING DATES FOR MONTH OF APRIL, 1968 Mr. Little stated that due to'the election on April 9,- the City. Council meeting has been resctieduled'for April:,.16.* It was suggested that only one Council mee"ting'be held in April,; that being the 16th. Mr. Little then read Resolution No. 20-68 in its entirety. MOTION: Councilman,Mallery'moved for the adoption of Resolution No. 20-68:• Councilman Bowen seconded. Roll call vote: passed unanimously., B-3 Request for resolution authorizing scenic highway study Mr. Little reviewed the action taken by the Planning Commission relative to this matter for the benefit of the Council and those. present. He stated it -was necessary that the -City Council request a study be made by the Division of Highways to -determine whether those portions of Highway One and Highway 41.qualify for the scenic highway program. RESOLUTION NO. 21-68. RESOLUTION REQUESTING STUDY OF_ STATE ROUTES 1 AND 41 AS SCENIC HIGHWAYS Mr. Little read Resolution No. 2'1-68 in its entirety.` MOTION: Councilman Keiser moved.for the adoption of Reso- lution No. 21-68. Councilman Bickford seconded. Roll call vote: passed unanimously. B-4 Resolution approving Supplemental Police Mutual Aid Agree- ment Mr. Little requested that this item be deferred to the Council meeting of April 16 to allow the City -Attorney time to review the agreement. This item deferred to April 16, 1968. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 26, 1968 Page, Four B=5 Request for use permit for helicopter services'(continued from 3/12/68) . Mr. Little reviewed for the benefit of the Council and those present the request received from C. R. Sisto for a use permit to operate a helicopter service.. Councilmen Bickford and Mallery made a report to the Council regarding their findings on the flight pattern proposed to be used by Mr. Sisto. Discussion was held regarding the proposed flight pattern, rent, length of time of a use permit, and location of a landing area. Comments were heard from members of the audience relative to the flight pattern and noise created by the helicopter: Comments were heard from Mr. Sisto regarding the possibility of his using the airport on Louis Domenghini's property. MOTION: Councilman Keiser moved that the matter of the location of the launching pad, flight pattern, length of'use permit, and rent for the heli- copter service be referred to the Planning Commission and staff for complete study and report back to the Council. Councilman Bickford seconded. Passed unanimously. NEW BUSINESS C-1 ORDINANCE NO. 72. AN ORDINANCE CREATING CHAPTER VI TO TITLE IX OF THE MORRO BAY MUNICIPAL CODE ENTITLED. UNDERGROUND UTILITIES ORDINANCE Mr. Little read Ordinance No. 72 in its entirety. Mr. Peter Darnton of the Pacific Gas and Electric Company spoke re- garding the proposed underground utilities ordinance and recommended that the following changes be made. (1) Delete the following from Section 9604.5: "subject to all applicable provisions of the Morro Bay Municipal Code and"; (2) Delete the following from Section 9605.3: "applicable provisions of the Morro Bay Municipal Code"; (3) Add to Section 9601.1: "all in accordance with the applicable filed rules, regulations and tariffs -of 'utilities regulated by the Commission". Mr. Doyle Dunham of the Pacific Telephone Company recommended that the following changes be made in Ordinance No. 72. (1)' Delete.th'e'iaords "upon, along, across or over the public streets,.alleys, easements and ways within the city" and the words "within the district" be inserted in Section 9602.8; E MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 26, 1968 Page Five (2) Delete the words "from any public streets, alleys, easements or ways" from Section 9603'.,1; (3) Delete the words "easement or way of city" from Section. 9604.4(d). After discussion by the Council, it was.determined•to approve the above mentioned changes to Ordinance No. 72. MOTION: Councilman Mallery moved that this constitute the first reading of Ordinance No. 72 as amended. Councilman Bowen seconded. Passed unanimously. C-2 RESOLUTION NO. 22-68. RESOLUTION APPROVING AMENDED LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORRO BAY AND THE UNITED STATES COAST GUARD Mr. Little reviewed the purpose of the new lease for the benefit of the Council and those. present. He then read_ Resolution No.. 22-68• in its entirety. MOTION: Councilman Keiser moved for the adoption of Reso- lution No. 22-68. Councilman Bickford seconded. Roll call vote: passed unanimously. C-3 Letter inviting City participation in Youth in Government Day Mr. Little read a letter received from the San Luis Obispo B.P.O.E. Lodge No. 322, Bud Wright, Chairman; inviting the City to participate in the annual "Youth in Government Day" on Monday, May 6. MOTION: Councilman Mallery moved that we participate in the Youth in Government Day on Monday, May 6, and that Mr. Wright be notified of this fact. Councilman Keiser seconded. Passed unanimously. C-4 Request for quarterly allocation to Chamber of Commerce Mr. Little read a letter received from the Morro Bay Chamber of Commerce requesting payment.of the third quarterly allocation .in the amount of $2,066.25. MOTION: Councilman Keiser moved that the third quarterly payment be made to the Chamber of Commerce. Councilman Bickford seconded. Passed unanimously. C-5 Recommendation of. Planning'Commission for directional signs to public facilities Mr. Little stated the Planning Commission has_been discussing the MINUTES - MORRO BAY CITY COUNCIL , Regular Meeting March 26, 1968 . Page Six possibility of increasing the number of directional signs within the city to designate the public facilities.- A map showing the location of the proposed directional signs was displayed and re- viewed by Mr. Little for the benefit of the Council and those present. Discussion held. MOTION: Councilman Mallery moved that this be referred to the Director of Public Works. Councilman Keiser requested Councilman Mallery to include in his motion that the Morro Bay Yacht Club be added to the appropriate signs. Councilman Mallery agreed to the amendment. Councilman Keiser seconded. Passed unanimously. INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council (a) Councilman Mallery stated that citizens have questioned him regarding the possibility of them.being challenged at the polls and further stated he thought the Council should'take some steps to see that people were not challenged at the polls. Lengthy discussion held among members of the,Council, and the City Attorney regarding the legality and requirement of challenging voters at the polls. MOTION: Councilman Mallery moved that we not challenge people at the polls if they are legally regis- tered to vote under the State Constitution. Further discussion held. Councilman Mallery's motion died for lack of a second. No action taken by the Council. D-2 City Attorney (a) Mr. Kardel requested Council authorization to pay Title Insurance and Trust the amount of $2',500. Said amount to be transferred to Mr. Kardel's Trust Account.' I MOTION: Councilman Mallery moved that we pay Title Insurance and Trust $2,500 on account. Councilman Bowen seconded. Passed unanimously. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March'26, 1968 Page Seven (b)•. Mr. Kardel requested authorization from the Council to retain the services of Mr. Dell Nickell, Professor at Cal Poly, as a consultant in determining the boundary lines on the Embarcadero. The hourly rate for Mr. Nickell will be $15. He also requested authorization from the Council to retain the services of Garing and Taylor for work in conjunction with the survey. MOTION: Councilman Bickford moved to authorize the retention of the services of Dell Nickell and Garing and Taylor in .conjunction with this survey. Councilman Keiser seconded. Councilman Mallery asked Councilman Bickford to amend -his motion to include that progress reports be made to the Council every thirty days. Councilman Bickford accepted the amendment. Councilman Keiser seconded the amended motion. Passed unanimously. Mr. Kardel stated that he will have progress reports for the Council at each meeting. D-3 City Administrator (a) Financial Report for the period March 1 through ,March 15, 1968. Councilman Mallery stated that'since some members of the Council had not received copies of the financial report that i.t be deferred to April 16. MOTION: Councilman Bickford moved that the financial report for the period March 1 through March 15, 1968 be deferred to April 16. Councilman Keiser seconded., Passed unanimously.• 1. Letter from Governor Ronald.Reagan re: 1967 Young American Medals for Bravery and Sekvice: 2. Letters from City of -Pacifica re: proposed.revision of the cigarette tax distribution formula. 3. Letter from E. T. Strobiidge, Southern'•Counties Gas Company, re: proposed abandonment.of Palm, Oak and South Streets. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March_26, 1968 Page Eight 4. Letter from the Board of Directors of the Chamber of Commerce re: audit of their treasurer's books. 5. Copy of a letter from J. E. Spellacy, Director of Public Works, to the Corps of Engineers re: the assistance of members of the Corps in a rescue. 6. Copy of the Agenda of the Fish and Game Commission meeting to be held April 5, 1968. 7. Copy of County of San Luis Obispo Resolution No. 68-122 re: governing the issuance of bonds under the improvement bond act of 1915. MOTION: Councilman Mallery moved that the correspondence be filed. Councilman Bowen seconded. Passed unanimously. ADJOURNMENT: MOTION: Councilman Keiser moved that the meeting be adjourned. Councilman Bowen seconded. Passed unanimously. r Meeting adjourned at 11:50 P.M. RECORDED BY: MALCOLM J. LITTLE Administrative Assistant By (Mrs.) Daisy M. Schacht Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING March 12, 1968 7:30 P. M. Morro Bay Recreation Hall ' Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of February 27, 1968 HEARINGS, APPEARANCES AND REPORTS A-1 Public hearing on proposed vacation of Oak' -Street, and portions of South Street and Palm Avenue A-2 Public hearing on adoption of Capital.Improvement Element. of the General Plan UNFINISHED BUSINESS B-1 Resolution in support of amendment to distribution formula for cigarette tax revenues to cities NEW BUSINESS C-1 Approval of plan for expansion and improvements to Lease Sites 134, 135, 136 and 137, G. Crill, Lessee C-2 Letter from Wood's Animal Shelter regarding cost of services C-3 Request for use permit for helicopter charter service C-4 Request use of site for off-loading of construction materials in Morro Bay Harbor. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator a. Financial Report b. Transfer ADJOURNMENT CALENDAR 1. City Council Meetings: March 26 2. Planning Commission Meetings: March 19 and April 2, 1968 1! Rts NOTICE OF PUBLIC HEARING NOTICE'IS.HEREBY GIVEN that the,Morr0 Bay City Council will hold a public hearing on Tuesday, March 12, 1968 at 7:30 P.M. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider`th.e vacation of Oak Street and a portion of Palm Avehue as shown"on.Exhibit C "A" and a portion of South•Street as shown on Exhibit "B" pur- suant to the Street Vacation Abt.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: AREA TO BE ABANDONE0 EXHIBIT "A" C. TED WHITE, City Clerk City of, Morro Bay, Calif. a SOUTH r w Cr w ® OL E ' AP:- TO BE ABANDONED EXHIBIT "B" NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Tuesday, March `12;•1968, at'7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes, Street, Morro Bay, California', and will consider the adoption of the proposed Capital Improvement Element of the City General Plan, at which said public hearing any,person interested may appear and express his views for, against or in modification of the proposed Capital Improvement Element o,f.the General Plan. DATED: C. TED WHITE, City Clerk City of Morro Bay, Calif., MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 12, 1968 Morro Bay Recreation Hall The meeting was called to order at 7:32 P.M. with the Pledge of Allegiance,. .Mayor Surfluh gave the invocation. ROLL CALL PRESENT: Councilmen Bickford,•Bowen, Mallery & Surfluh ABSENT: Councilman Keiser MINUTES The minutes of the regular meeting of February 27, 1968 were con- sidered by the Council. Mayor Surfluh asked if there were any. corrections to be made to said minutes. MOTION: Councilman Bickford moved that the minutes of, February 27, 1968 be approved as written. Councilman Mallery seconded. Passed unanimously. HEARINGS, APPEARANCES AND•REPORTS A-l(a) Councilman Mallery asked that the first item on the Agenda (Added) be deferred so that we might have a report from the .City Attorney relative to the legality of the nomination papers of Mr. Donohoo, Mr. Dunham and Mr. Giannini. MOTION: 'Councilman Mallery moved that we dispense with the rules and have our report.from the City Attorney' at this time. Councilman Bickford seconded. Passed unanimously. Mr. Kardel, City Attorney, stated he did have his opinion letter ready and asked the City.Clerk to read said opinion in its entirety. Mr. White read the opinion letter dated March 12, 1968 in its entirety for the benefit of,the Council and those.present. Said.opinion stated, in summary, that the nomination papers of Joseph C. Giannini and Fred R. Donohoo, Sr. were valid and their names could be placed on the ballot for the April 9th general municipal election. The nomination paper of Kenneth Dunham, however, could not be certified as valid due to the discrepancy of the circulator's registration. Mr. White stated the City Clerk will comply with the recommendations of the published opinion in making the determination of the eligibility of said candidates. Comments were heard from Ray Gallo and Fred A. Schenk, attorneys for Mr. Donohoo and Mr. Giannini, regarding the opinion rendered rela- tive to Mr. Giannini's nomination papers. Mr. White read a letter addressed to Fred A. Schenk from Peter M. Kardel dated March 12, 1968 requesting that he and Mr. Gallo and MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March,12, 1968 Page Two their clients meet with Mr. Kardel to discuss the discrepancies in the abovementioned nomination papers. Mr. Kardel stated this re- quest was refused. o Mr. Gallo stated this was correct and it was done on the basis of: (1) It was the opinion of himself and Mr. Schenk that the nomination papers were, in fact, sufficient, and (2) Since it appeared this might be an attempt to keep their clients off of the ballot, it was their feeling that they should not assist in any way in keeping them off of the ballot if this was the case. Lengthy discussion ensued between Mr. Gallo, Mr. Schenk, Mayor Surfluh and the City Attorney. Comments were heard from Joe Giannini requesting that the opinion pertaining to his nomination papers be clarified further. Mr. Kardel again reviewed the opinion rendered and stated that Mr. Giannini and Mr. Donohoo would be certified by the City Clerk as eligible candi- dates for the office of City Councilman. No further action on this matter at this time. A-1 Public,Hearing on.proposed vacation of Oak Street, and portions of South Street and.Palm Avenue Mr. White reviewed what has transpired previously relative to this matter for the benefit of the Council and those present, and stated it would be in order to open the public hearing to consider the matter of the vacation of said streets. Mayor Surfluh declared the public hearing,open at 8:10'p.m. and asked if anyone in the audience wished to speak for or against or in modification of the proposed street vacations. Mr. Jack Keogh spoke in favor of the abandonment of portions of South Street, as did Rev. Robert Erickson of the Calvary Lutheran Church. Mr. White reviewed the locations of the'streets proposed to be vacated. Neil Moses spoke in opposition to vacating any of said streets, stating it would be better to•leave..them status quo and possibly, in the future, make a green belt on South Street. Mr. Paul Weller, William D. Carley and Mr. Bashor spoke in opposition to the vacation of Palm Avenue.'-' Lengthy discussion held by.and between members of the'Council, staff and audience relative to the proposed street vacations,,and the ease- ments required for the public utility companies. Mayor Surfluh declared the public hearing closed at,8:44 P.M. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL March 12,- 1968 MOTION: Councilman Bickford moved that we consider the abandonment of Oak Street, but that Palm Avenue and South Street not be abandoned. Councilman Mallery seconded. Mr. White recommended that South Street be barricaded to vehicular traffic. Councilman Bickford amended his motion to include. that South Street be barricaded to vehicular traffic. Councilman Mallery seconded the amend- ment. Passed unanimously. A-2 Public hearing on adoption of Capital Improvement Element of the General Plan Malcolm J. Little, Administrative Assistant, reviewed the need for and purpose of the proposed Capital Improvement Element for the benefit of the Council and those present. Discussion held among members of the Council and staff. Councilman Mallery suggested that this matter be deferred until after the municipal election to be held April 9.. MOTION: Councilman Mallery moved that we defer the adoption of the Capital Improvement Element.until Apri1.23,, 1968. Councilman Bowen seconded. Passed unanimously. RECESS: 9:04 P.M. RECONVENED: 9:15 P.M. Mayor Surfluh stated that since the public hearing on the adoption of the Capital Improvement Element was not opened, the 'public hearing is deferred until the second City Council meeting in April. UNFINISHED BUSINESS B-1 RESOLUTION NO. 17-68. RESOLUTION REQUESTING LEGISLATIVE CONSIDERATION OF A CHANGE IN THE ALLOCATION OF CIGARETTE TAX FUNDS,TO CITIES . MOTION: Councilman Mallery moved that Resolution No. 17=68' be read. Councilman Bickford seconded. Passed unanimously.' Mr. White read Resolution No. 17-68 in its entirety and then reviewed the action taken previously on this matter and the formula currently in use and the formula proposed to be changed. MOTION: Councilman Mallery moved for the adoption of Resolution No. 17-68. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Keiser MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March.12, 1968 Page Four B-2 Request for additional use on Lease Sites Added) Frank Brebes (Deferred from meeting of 102 and 102W, 2/27/68) Mayor Surfluh stated this -item was deferred from.the regular City Council meeting of February 27, 1968. MOTION: Mayor Surfluh moved that'we grant at this time Mr. Brebes' request for the additional use of a sportfishing business on Lease Sites 102 and 102W. Councilman Bickford seconded. Passed unanimously. NEW BUSINESS C-1 Approval of plan for expansion and improvements to Lease Sites 134, 135, 136 and 137, G. Crill Mr. White read the report and recommendation of the Planning Commission relative to Mr. Crill's request for expansion and improvements to the abovementioned lease.sites. Sketches of the proposed expansion were displayed and reviewed by Mr. White,for the benefit of the Council and those present. MOTION: Councilman Bowen moved that the design for expansion and, -authorization for installing these.improvements on Lease Sites 134, 135, 136 and 137 be approved. Councilman Bickford seconded. Passed unanimously. C-2 Letter from Wood's Animal Shelter regarding cost of services Mr. White stated this matter was presented to the Council previously and reviewed said letter and report for the benefit of the Council and those present. Mr. White stated the purpose of the letter was to request an additional $50 per month from the City for their services. Discussion held. MOTION: Councilman Mallery deferred until the Surfluh seconded. moved that this matter be budget sessions. Mayor Passed unanimously: C-3 Request for Use Permit for helicopter charter service Mr. White stated a request has been received from Mr. C. R. Sisto of Magic Copters, Inc. for permission to operate a helicopter charter service in the City of Morro Bay. He then read Mr. Sisto's letter in its entirety. Discussion held. Comments were heard from Mr. Sisto pertaining to the proposed helicopter charger service. Further discussion field. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 12, 1968 Page Five Mr. Kardel; City Attorney, recommended that the Mayor appoint a committee of two councilmen to work with Mr. Sisto•and report back to the Council at the meeting of March'26, 1968. MOTION: Councilman Mallery moved that the Mayor appoint a committee of two to work with staff and Mr. Sisto to report back at the March 26 Council meeting. Councilman Bowen seconded. Passed unanimously. Mayor Surfluh appointed Councilmen Bickford and Mallery to serve on the committee. C-4 Request use of site for off-loading of construction materials in Morro Bay Harbor Mr. White stated requests have been received from two firms operating barges for permission to use a site within the Harbor to off-load. steel pipe for the construction of the DiabloCanyonnuclear power. plant. Mr. White recommended that staff be directed to review the feasibility of the temporary use of the water and.land area in the vicinity of Target Rock and that staff be authorized to prepare an ordinance setting forth rules and regulations and a.fee sbhedule for'the Council's consideration.: Discussion held. MOTION: Councilman Mallery moved that this be referred to staff for study and report back.. Councilman Bickford seconded. Passed unanimously.' C-5 Request of Morro Bay Yacht Club to install hoist on Added) Lease Site 61 Mr. White read a letter from the Morro Bay Yacht Club requesting pen - mission to install a boat hoist on Lease Site'61. Said hoist to be used by members only.' It was the recommendation of staff that this request be approved. Discussion held by and between members of the Council, staff and Mr. . Ed Carnegie, Commodore of the .Morro Bay Yacht Club. MOTION:, •Councilman Bickford moved that approval be granted to the Morro Bay Yacht'Club to install the boat hoist. Councilman Mallery seconded. Passed unanimously. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 ' City Council (a) Councilman•Mallery stated he has received some complaints relative to the advance billing initiated by the Morro Bay Garbage Service. Discussion held. No Council action necessary. r MINUTES - MORRO BAY CITY COUNCIL ' Regular Meeting March 12, 1968 Page Six D-2 City Attorney (a) Mr. Kardel stated the State's survey crew 'did come 'to Morro Bay and checked the boundaries of the legal - description relative to the City -County -State settlement agreement. He, stated his office will have a legal description prepared for the Council meeting of March 26. No Council action necessary at this time. (b) Mr. Kardel stated that April 8 has been set for the hearing.on the City's second demurrer in the Pipkin, lawsuit. No Council action required. D-3 City Administrator (a) Financial Report for the period 2/16 through 2/29/68. MOTION: Councilman Bick£ord'moved that the financial report for the period 2/16/68.through '2/29/68 be approved. .Councilman Bowen seconded. Passed unanimously.' (b) Transfer . Mr. White stated at the last Council meeting the•Council approved the purchase of a diesel tractor which will require an additional transfer of $400 fromthe`Unbudgeted Reserves to Account 3633. The amount of.$300.is'required' to be transferred from the Unbudgeted Reserves in order to pay for a trip taken by the Senior Citizens sponsored by the Recreation Department. Said amount.was reimbursed_ in full by the participants. Mr. White also stated that the amount of $5,000 is required to be transferred from the Unbudgeted Reserves to active account for engineering costs.relative to Improvement District No. 4. MOTION: Councilman Bowen moved that Transfer Voucher No. 7-8-19 in the amount of $5,700 be approved.. Councilman Bickford seconded. Passed unanimously. OTHER BUSINESS (1) Reminder of the Channel Counties Division of the League of California Cities meeting to,be held in Pismo Beach on ' March 15, 1968. (2) Reminder of the Grand Opening of the Montgomery Wards Catalog Store on March 14 at 9:30 a.m. CORRESPONDENCE 1. Letter from the Department of Water -Resources forwarding a copy a MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 12, 1968 Page Seven of Department of Water Resources Bulletin No. 74, "Water Well Standards: State of California". 2. Invitation to participate in California's Big Dam Celebration re: dedication of Oroville Dam Project in Oroville, California on May 1, 2, 3, 4 & 5. 3. Letter of appreciation from the Pacific Gas & Electric Company re: City's support of Diablo Canyon nuclear power plant. 4. Copy of the Agenda of the San Luis Obispo County Water Resources Advisory Committee meeting held March 5,•1968. 5. Letter from Jesse Arnold re: opposing airplane flights over the bay & requesting that the proposed airport be located elsewhere. MOTION: Councilmen Mallery moved that the correspondence be filed. Councilman Bowen seconded. Passed unanimously. ADJOURNMENT MOTION: Councilman Bowen moved that the 'meeting be adjourned. Councilman Bickford seconded. Passed unanimously. Meeting adjourned at 10:23 P.M. RECORDED BY: C. TED WHITE, City Clerk By:Daisy M. Schacht Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING February 27, 1968 •7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of February 13, 1968. HEARINGS, APPEARANCES AND REPORTS A-1 Report on shoaling of entrance channel: and action taken UNFINISHED BUSINESS B-1 Ordinance 71, Vehicle Abatement Ordinance (second reading) B-2 Review of low bid award on diesel tractor B-3 Review of police mutual aid agreement B-4 Resolution granting additional use on Lease Sites 102 and 102W, Frank Brebes NEW BUSINESS C-1 Ordinance 72, Underground Utilities Ordinance .(first reading) C-2 Resolution re: Request'to State Board of Equalization for Sales Tax Revenue Information C-3 Request for refund for weed abatement charges INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator a. Financial Report CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meetings: March 12 and 26, 1968 2. Planning Commission Meetings: March- 5 and 19, 1968 MINUTES - MORRO BAY CITY COUNCIL'. Regular Meeting February 27, 1968 7:30 P.M. Morro Bay Recreation Hall. The meeting was called to order at 7:32 P.M. with the.Pledge;of Allegiance., Mayor Surfluh.gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford,'Bowen, MaTlery and Mayor Surfluh ABSENT: Councilman Keiser MINUTES:. 4 The minutes of the regular meeting of February 13, 1968 were ' considered by the Council. Mayo-Surfluh 'asked if there were any corrections to be.made to saidaminutes. . MOTION: Councilman Bickford moved -that the'minutes be approved as writtena 'Councilman Bowen seconded. Passed unanimously. HEARINGS, APPEARANCES AND REPORTS: A_1 Report on shoaling of entrance channel and action taken Mr. White read a letter sent to the Corps of Engineers regarding the condition of the entrance channel and requesting what action might be taken by the.,Corps to assist the City in-redredging the entrance channel'.• Mr. Glenn'Ward of the Corps of -Engineers has stated they will try,to have the hydrographic survey crew here by March 1, 1968. After the Corps has compiled their data an approximate cost can be made. If it is the Corps' -determination. that the channel should be dredged, and if funds.are available, work should be started prior to July, 1968.. A map showing the location of the shoaling in the channel was presented to the Council and reviewed by Mr. White. No Council action required at this time. UNFINISHED BUSINESS: B=1 ORDINANCE NO. 71. AN ORDINANCE CREATING CHAPTER VI 1 TO TITLE XI OF THE MORRO BAY MUNICIPAL CODE ENTITLED "VEHICLE ABATEMENT ORDINANCE" Mr. White stated this ordinance was read in its.entirety on February 13, 1968 and it would be in order to read by title only for the second reading. MINUTES MORRO BAY CITY COUNCIL Regular Meeting February 27, 1968) Page Two MOTION: Councilman Mallery moved that Ordinance No. 71 be read by title only. Councilman Bickford seconded. Roll call vote: 1. AYES: Councilmen Bickford, NOES: None ABSENT: Councilman Keiser Bowen, Mallery and Mayor Surfluh Mr. White read Ordinance No. 71 by title only. Said reading to constitute the second reading. MOTION: Councilman Bickford moved that Ordinance No. 71 be adopted. Councilman Mallery seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Keiser B-2 Review of low bid award on diesel tractor Mr. White stated that at the regular meeting of February 13, 1968, bid results for a tractor, Bid No. 10-67,were presented to the Council for their consideration and at that'time it was the Council's determination to award the bid to Heinrich Equipment Company of Santa Maria for a diesel tractor in the amount of $4,021.11. Upon review, however, it has been determined.that the tractor did not meet the City's specifications in that,it• was a farm tractor. A memo and comparison of bids from the Director of Public Works dated February '19, 1968, was reviewed by Mr. White for the benefit of the Council and those present. Discussion held. Mr. White stated the low bid for a diesel tractor which did meet the City's specifications was received from J'& S Equipment Company of Paso Robles for the amount of $4,394.53. Further discussion held. MOTION: Councilman Bickford moved that we accept the bid of J & S Equipment Company in the amount of $4,394.53 less discount. Councilman Bowen seconded. Passed unanimously. B�3 Review of Police Mutual Aid Agreement Mr. White reviewed the action taken by the City Council in 1965 when the Police Mutual Aid Agreement was adopted. He stated the City of San Luis Obispo has taken exception to the conditions of the agreement and has not signed said agreement. The other five. cities within the County and the County of San Luis Obispo have signed the agreement. The City -of San Luis Obispo has made an alternate proposal whereby they would receive reimbursement for salaries paid to personnel accompanying equipment furnished in response to a request for supplemental police protection until MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February,27, 1968 " Page -Three equipment is back in service, plus all.damage;to personal clothing of personnel and that the agreement would become effective.and' operative upon the execution thereof by the authorized officers of the County of San Luis Obispo and five.of the cities within the County of San Luis•Obispo. Mr. White stated that the previous agreement provided that.the agreement would become operative upon execution by all. -of the cities within the County and the County of San Luis Obispo;''and that if the City of San Luis Obispo does not sign.it, the agree- ment is invalid. It, was the recommendation of staff that thealternate proposal of.the City of San Luis Obispo be rejected. MOTION: Councilman Mallery moved that the alternate pro7 posal of the City of San Luis Obispo be rejected and that staff be directed to refer this back to the other cities within the County,and the County, to prepare an agreement that would be mutually satisfactory to those five cities and the.County: Councilman Bickford seconded. Passed unanimously. B-4 Resolution granting additional use.of Lease Sites 102.`•. and 102W to Frank Brebes Mr. White stated a letter has been received from Mr. Brebes'' requesting an additional use for a sport.fishing business on the aforementioned lease sites. This request'was referred to the Planning Commission. and Mr. White then read the recommendation' of the Planning Commission: A plat showing the lease sites was displayed and reviewed for " the benefit of the Council and those present. Mr. Kardel, City Attorney, stated he has advised the Council .. that due to the.fact that Mr. Brebes'is involved in a lawsuit against the City that until an oral understanding is -reached the Council's consent should be withheld. Mr. Kardel also stated that he will meet with.Mr. Brebes' attorney on Friday to discuss• a possible settlement of the lawsuit.. Discussion held among members of the,Council and•staff. MOTION: Councilman Bowen moved that this matter be deferred to the Council"meeting of -March 12,, 1968. Councilman Mallery seconded. Passed unanimously. B-5 Report on proposed development plan 'for Lease Sites ' 122, 122W, 123, 123W and the water adjacent to these lease sites;. Ralph Ruse a MINUTES- MORRO BAY CITY COUNCIL Regular Meeting February 27, 1968 Page Four Mr. White read the recommendations of the Planning Commission relative to their approval of the building design and water lease site use requested by Mr. Ruse. Sketches of the proposed building design were displayed for the benefit of the Council and those present. Mr. Ruse stated the proposed building would be used for loading and unloading passengers using "Tiger's Folly". Discussion held. MOTION: Councilman Bickford moved that approval be granted for the concept and use specified in the application' of Ralph Ruse. Councilman Bowen seconded. Passed unanimously. NEW BUSINESS: C-1 ORDINANCE NO. 72. AN ORDINANCE CREATING CHAPTER VI TO TITLE IX OF THE MORRO BAY MUNICIPAL CODE ENTITLED "UNDERGROUND UTILITIES ORDINANCE" Mr. White reviewed what has transpired previously relative to this proposed ordinance and reviewed the sections which were added to this sample presented by the League of California Cities. He stated this draft will be presented to the utility companies for their review and comments. It will -again be 'submitted•to the Council on March 26, 1968.. This item deferred to March 26, 1968: No Council action required at this,time. ` C-2 RESOLUTION NO. 16-68. RESOLUTION REQUESTING CALIFORNIA STATE BOARD OF EQUALIZATION TO PERMIT EXAMINATION BY DULY AUTHORIZED OFFICER OR EMPLOYEE OF THE CITY OF MORRO BAY OF THE SALES AND USE TAX RECORDS PERTAINING, TO SALES AND USE -TAXES COLLECTED FOR THE CITY OF MORRO BAY, CALIFORNIA A copy of the resolution was presented to each member of the Council for their consideration. Mr. White read Resolution No. 16-68 in its entirety. Mr. Kardel stated the,City has two interests in getting this information. One is to see'that the City gets all•of.the revenue it is entitled to under the 18 sales tax, and the other is that Mr. Murphy, attorney for.the plaintiffs in the Pipkin suit, was asked for gross receipt figures with respect to his clients and this information has not been received. He stated the City is not in a position to have auditors checking these records regularly and that the best way to gain this information is to send a member of the staff to Sacramento to compile it. Discussion held by and between members of the Council and staff. f MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 27, 1968 ; Page Five MOTION: Councilman Bickford moved for the adoption of Resolution No. 16-68. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Mallery and Mayor.Surfluh NOES: None ABSENT: Councilman Keiser C-3 Request for refund for weed abatement charges Mr. White stated that upon review of the records it has been found that an error was made in the weed abatement charges for Mr: D. D. Hills, P. O. Box 832, Coalinga, California, in the amount of $6.00. He requested''a minute order to authorize a refund to Mr. Hills. MOTION: Councilman Bickford moved that staff be authorized to refund, the amount of $6.00 to Mr. D.D. Hills. Councilman Bowen seconded. Passed unanimously: . INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council (a) Councilman Bickford raised the question of how the weed abatement program would be taken care of this year. Mr. White stated that subject to the Council's direction the program of burning firebreaks only would be continued. Lengthy discussion was held among members of the Council and staff., No Council action taken. (b) Councilman Bickford stated that the entire.month of March has been designated as Conservation Month and requested a proclamation be prepared for the Mayor's signature. Staff to prepare proclamation. D-2 City Attorney (a) Mr. Kardel reported on the City -County -State settle- ment, stating that the survey crew from.the State Lands Commission did come to Morro Bay and surveyed the landward boundary of the property in question. No Counciljaction.required. (b) Regarding the Pipkin suit, the depositions of Green, Carver, and Pipkin will be taken on March 1, 1968. Mr. Kardel stated they have been advised by the State of.California that it is now voluntarily entering'the Pipkin.Suit and, would use the City's pleadings that were recently filed with the court. He asked that Mayor Surfluh and Councilman Bickford be in attendance at the meeting on Friday to discuss settlement of this suit. No Council action required. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 27, 1968 Page Seven 4. Legislative Bulletin from the League of California Cities dated February 16, 1968 re: Legislative Digests affecting cities introduced at the 1968 Session of the Legislature. 5. Copy of a notice of the spring meeting.of the California Navigation Conference to be held March 15, 1968 1n San Francisco. 6. Notification of the 1968 Course Schedule on "Initial Emergency Care and Transportation of the Sick and Injured",, to be held in San Diego on September 30, October 1, 2,&.3.. 7. Letter from E. L. Horton, Manager of the Moss Landing Harbor District re: tour of Morro Bay Harbor 8. Notification of the 40th Annual Conference of the. California Water Pollution Control Association,to be held April 24-27,' 1968 in Santa Rosa. 9. Copy of the Agenda of the Fish & Game Commission meeting -'to be held March 1, 1968 in Brawley. 10. Letter from Assemblyman Floyd L. Wakefield re: distribution of students by race. 11. Letter from the League of Women Voters re: presentation' of, budget materials. 12. Letter from Mrs. Phil Kirkpatrick commending^the Police Department. 13. Letter from Jack Wheeler commending the Police Department. 14: Reminder of the Channel Counties Division of the League'of California Cities meeting to be held in Pismo Beach on March 15, 1968. 15. Reminder re: La Fiesta San Luis Obispo celebration to be held May 16,.17, 18, and 19. MOTION: Councilman Mallery moved that the correspondence be -filed. Councilman Bickford seconded. Passed unanimously. Other Business Mr. Kardel presented the Council•with an opinion letter regarding the -maximum length of time that leases can be entered into with respect to State Granted Tidelands, and reviewed said letter.for the benefit of the Council and those present. The maximum term is 50 years. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 27, 1968 Page Eight Mr. Kardel also presented the Council with an opinion letter, relative to one of the plaintiffs in the Pipkin suit wishing to settle but is concerned that if he does he will be sued by the other plaintiffs. It was Mr. Kardel's recommendation that the City assure the plaintiffs that it would defend them in case suit is brought against them; however, he stated no decision of the Council is necessary at this time. ADJOURNMENT: MOTION: Councilman Bowen moved for adjournment. Councilman Bickford seconded. Passed unanimously. Meeting adjourned at 9:50 P.M. RECORDED BY: C. TED WHITE, City Clerk By: Daisy M. Schacht, Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING February 13, 1968 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of January 23, 1968 HEARINGS, APPEARANCES AND REPORTS A-1 Report on Scenic Highway Program for Highway One UNFINISHED BUSINESS B-1 Ordinance 70, an ordinance amending the uniform transient tax ordinance (second reading) B-2 Resolution of intention to hold a public hearing on the vacation of various city streets B-3 Resolution setting- date of hearing on the adoption of the Capital Improvement Element of the General Plan NEW BUSINESS C-1 Ordinance 71, Vehicle Abatement Ordinance (first reading) C-2 Resolution adopting a budget calendar for 1968-69 fiscal year C-3 Request for additional use on Lease Sites 102 and 102W, Frank Brebes C-4 Petition of owners of property on Dawson Street to form Improvement District to install water mains C-5 Letter regarding need for an increase in premium costs -for group insurance C-6 Bid results for bituminous spray tank and tractor INDIVIDUAL DETERMINATION 'AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator a.. Financial Report CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meetings: February 27 and March 12; 1968 2. Planning Commission Meetings: February 20 and March 5, 1968 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 13, 1968 . 7:30 P. M. Morro Bay Recreation Hall The meeting was called to order at 7:35 P,M. with the Pledge of Allegiance. Mayor'Surfluh gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Bowen, Mallery and Mayor. Surfluh ABSENT: Councilman Keiser . MINUTES: The minutes of the regular meeting of January 23, 1968, were considered by the Council. Mayor Surfluh.asked if there were.any corrections or additions to be made to'said,minutes. MOTION: Councilman Bowen moved that the minutes of January' 23, 1968, be approved as,written.•'Councilman Bickford.seconded.. Passed unanimously. HEARINGS,.APPEARANCES AND REPORTS: A-1 Report on Scenic Highway Program• for'Highway,One Mr. White stated information has been obtained from Mr. Bruce H: Langford of the San Luis Obispo Office of the' State Division of High- ways relative to the Scenic'Highway,Program.for Highway One. He stated that in order for the Division of Highways to make a feasi bility study relative to making Highway One.through the,Morro Bay area a part of the Scenic Highway Program,.the City Council will have to adopt a resolution.requesting the Division of Highways to'make such a study. It was the recommendation'of staff that this matter be'referred•to the Planning Commission for their study, review.and report back to the Council. Mr. White stated Mr. Langford has offered to.appear,before the Planning Commission to discuss'this program with them. MOTION: Councilman Bowen moved that this matter be referred to the Planning Commission for their study, 'review and report back to the Council. Councilman Bickford seconded. Passed unanimously. A-l(a) Report on San Luis Obispo County -and Cities Area,Planning Added) Coordinating Council Councilman Bickford asked for permission to deviate from the published Agenda to give'a report of the aforementioned Council meeting held on February 6, 1968. There being no objections, the report was given. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 13, 1968 Page Two Councilman Bickford made a brief report regarding the meeting held by the abovementioned Council. Said meeting was for the purpose of evaluating applications made to HUD by various governmental agencies within San Luis Obispo County for grants of federal funds. Four items were considered and approved at this meeting. Council- man Bickford stated a set of by-laws was adopted to govern the con- duct of this Council. The'next meeting will be March 13, 1968, and thereafter a meeting will be held' once every three months.. No action required by the City Council. UNFINISHED BUSINESS: B-1 ORDINANCE NO. 70. AN ORDINANCE AMENDING CHAPTER VIII OF TITLE II OF THE MORRO BAY MUNICIPAL CODE ENTITLED UNIFORM TRANSIENT OCCUPANCY TAX ORDINANCE• t Mr. White stated the first reading of this ordinance was heard on January 23, 1968. I. MOTION: Councilman Mallery moved that Ordinance No. 70 be read by title only. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Mal'lery'and Mayor Surfluh NOES: None ABSENT: Councilman Keiser Mr. White read Ordinance No. 70 by title'only to constitute the second reading. MOTION: Councilman Bickford moved that Ordinance No. 70 be adopted. Councilman Mallery seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Keiser B-2 RESOLUTION NO. 13-68. RESOLUTION OF INTENTION TO HOLD A PUBLIC HEARING ON THE VACATION OF PORTIONS OF VARIOUS CITY STREETS Mr. White stated this matter was brought before the Council at the . meeting held January 23, 1968 and it was subsequently determined that members of the Council would view these particular streets before making a final determination as to whether the streets should be vacated. Lengthy discussion held among members of the Council and staff. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 13, 1968 Page Three Mr. White stated this request was initiated by a property owner adjacent to South Street, and it would be in order to hold a public hearing and after said hearing a decision can be made as to the final disposition of the streets. Resolution No. 13-68 was read in its entirety MOTION: Councilman Mallery moved for the adoption of Resolution No. 13-68. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Keiser Mayor Surfluh asked for a legal opinion from the City Attorney rela- tive to granting of easements on South Street. B-3 RESOLUTION NO. 14-68. RESOLUTION SETTING DATE AND TIME FOR PUBLIC HEARING.ON THE ADOPTION OF .THE CAPITAL IMPROVE- MENT ELEMENT OF THE CITY GENERAL:PLAN _ Mr. White stated copies of the Capital Improvement Element have been made available to the Council for their consideration. He suggested March 12, 1968 as the date for public hearing and.then read Resolution No. 14-68 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 14-68. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Keiser NEW BUSINESS: C-1 ORDINANCE NO. 71. AN ORDINANCE CREATING CHAPTER VI TO TITLE XI OF THE MORRO BAY MUNICIPAL CODE ENTITLED, "VEHICLE ABATEMENT ORDINANCE" Mr. Kardel, City Attorney,.requested that the Council defer this item until a later time on the Agenda. Mayor Surfluh stated with the approval of the Council, this item will be deferred. C-2 RESOLUTION NO. 15-68. RESOLUTION ADOPTING•A BUDGET CALENDAR, 1968-69 FISCAL YEAR Mr. White reviewed the budget calendar for the,benefit of the Council and those present, stating that due to the election to.be held April 9, 1968, the budget conferences may deviate from.the proposed budget MINUTES - MORRO BAY CITY COUNCIL . Regular Meeting February 13, 1968 Page Four calendar. He stated that if additional budget sessions are held, said meetings will be held on the date and at the time as speci- fied by public notice. Mr. White then read Resolution No. 15-68 in its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 15-68. Councilman Bickford seconded. Roll call vote; AYES: Councilmen Bickford, Bowen, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Keiser C-3 Request for additional use on Lease Sites 102 and 102W, Frank Brebes Mr. White read a letter received from Frank Brebes requesting an additional use on.Lease Sites 102 and 102W. A map showing the lease sites was presented to the Council for their. consideration. Mr. White reviewed the uses allowed and the term of the current lease. He stated it was the recommendation of staff that this request be submitted to the City Planning Commission f or,.their review regarding the requested additional use, and report back-to'the'City.Council. MOTION: Councilman Bowen moved that this matter be referred to the City Planning Commission. Councilman Mallery seconded. Passed unanimously. C=4 Petition of owners of property on Dawson Street to form Improvement District to install water mains Mr. White stated a petition has been received from F. L. Luttrell to form an improvement district to install water lines on Dawson Street. The petition contains 21 signatures which represents over 60 percent of the property owners on Dawson Street. Discussion held. It was the recommendation of staff that this water line extension be included as part of Improvement District No. 4, and that this petition be held in abeyance for the present time. MOTION: Councilman Mallery moved that this item be tabled until proceedings on Improvement District No. 4. are finalized. Councilman Bickford seconded. Passed unanimously. C-5 Letter regarding need for an increase in premium costs for group insurance Mr. White stated a request has been made by our group health insurance carrier, The Sun Life Assurance Company of Canada, for an increase in MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 13, 1968 Page Five rates due to the fact that during the past year they have paid out more in benefits than they have received premiums for this city's insurance coverage. He then read a letter addressed,to all city employees dated February 12, 1968 relative to this increase in rates. Permission was requested from the Council to discuss this rate in- crease with the Employees Association to determine their,wishes regarding insurance. MOTION: Councilman Mallery moved that staff be authorized to discuss the proposed rate increase on insurance - rates with members of the Employees Association. Councilman Bowen seconded. Passed unanimously. Staff to report back. C-1 ORDINANCE NO. 71. AN ORDINANCE CREATING CHAPTER VI TO TITLE XI OF THE MORRO BAY MUNICIPAL CODE ENTITLED, "VEHICLE ABATEMENT ORDINANCE" (Deferred from earlier on the Agenda) Mr. White briefly reviewed an ordinance received from the League oT California Cities which was used as a guideline in drafting this ordinance. He recommended that Ordinance No. 71 be read in its entirety at this time. MOTION: Councilman Mallery moved that Ordinance No. 71.be read in its entirety. Councilman Bickford seconded. Passed unanimously. Mr. White then read Ordinance No. 71 in its entirety. Said reading to constitute the first reading. MOTION: Councilman Mallery moved that this constitute the first reading of Ordinance No. 71. ,'Councilman , Bowen seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Keiser Second reading to be heard February, ZW", 1968. C-6 Bid results'for bituminous spray tank and tractor Mr. White stated Bid No. 10-67 was for a tractor to',replace -a 1956 tractor currently in use. This is a budgeted item under the equip-. ment replacement schedule. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 13, 1968 Page Six Bid No. 11-67 is for a trailer mounted bituminous materials spray tank which was budgeted for under the street department budget as a normal acquisition. Six bids were received on both gasoline and'diesel tractors. The low bid for the gasoline tractor was received from Hanson Equipment. Company but it did not meet the required specifications and was rejected. The next low bid, which did meet the specifications., was received from Palla Equipment Company in the amount of .$3,670..80. It was the recommendation of the Department of Public Works,'upon review of the specifications, to accept the low bid of•Palla Equipment Company in the amount of $3,670.80. Bids for the spraytank were solicited from those firms known to.sell or manufacture this item and only two bids were received. The low. bid was received from Frances C..Mueller Company for $2,488.50. 'Mr. White stated $2,600 was budgeted for the purchase of this item: Discussion was held by and between members of the'Council and staff relative to the feasibility and economy of using diesel fuel over gasoline. . RECESS: 8:49 P.M. RECONVENED: 9:02 P.M. Further discussion held. Mr. White stated the low bid for the diesel tractor was received from Hemricks Equipment Company in the amount of $4,021.11 MOTION: Councilman Bickford moved that we accept the low bid on the diesel 'tractor received from Hemricks Equipment Company in the amount of $4,021.11, and accept the low bid received from Frances C. Mueller Company for.the spraytank in the.amount of $2,.488.50:• Councilman Mallery seconded. Passed unanimously Discussion held relative to transferring the amount of $621.11 from the Unbudgeted Reserve at this time. This amount is the difference between the amount budgeted and the actua,l:cost of this equipment. MOTION: Councilman Bickford moved to transfer the amount of $621.11 from the Unbudgeted Reserve to the General Fund. Councilman Bowen seconded. Passed unanimously. C-7 Mr. White stated notification has been received from the TAd�ded) Motel Owners Association•that they are going to comply with the provisions of the Sign Ordinance'and remove the rate signs•by February 28, 1968. No Council action required. C-8 Mr. White stated the Mayor has received a letter from Rosa Added) G. Webber relative to the lack of'a city ordinance prohibi- ting the shooting of guns within the city limits. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 13, 1968 Page Seven He stated that upon review of ordinances adopted, there does not seem to be a specific ordinance pertaining to the discharge of firearms or air guns within the city limits. Lengthy discussion held among members of the Council and staff relative to the need of an ordinance to prohibit the shooting of firearms, BB guns and pellet guns within the city. Mention was made of the fact that duck hunting is allowed in the Bay,and that special provisions would have'to be made to allow the shooting of shotguns in this area. MOTION: Councilman Mallery moved to have the staff review this.matter and report back. Councilman Bickford seconded. Passed unanimously. INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council Members of the Council had nothing to present at this time., DD=2 City Attorney (a) Councilman Mallery-asked Mr. Kardel fora -report on the City -County litigation. Mr. Kardel stated that this lawsuit has not been settled due'to a discrepancy in the legal description. The Lands Commission has assigned a survey party to come to Morro Bay and survey the landward side of the legal description. He further stated that if this doesn't resolve it, we will request the intercession of the State Legislature: , , (b) Regarding the Pipkin lawsuit, Mr. Kardel' stated that since Mrs. Pipkin did not appear previously for her deposition,..the court has ordered her to appear on March 1, 1968, failing which her por- tion of the suit would be dismissed. He'stated that the depositions of Mr. Carver and Mr. Green are scheduled to be taken in 'March. He further stated that when the deposition of Mrs. McGurn was scheduled, they subpoenaed all of her papers•relative to acquisition of property, which subpoena she did not comply with. One more request will be made and if this is not complied with a motion will be filed. D-3 City Administrator (a)_ The Financial,Report for the period January 16 through January 31, 1968 was considered,by the.Council. MOTION: Councilman Bickford moved for the adoption of the Financial Report for the period January 16 through January 31, 1968. Councilman Bowen seconded. Passed unanimously. CORRESPONDENCE: 1. Letter from the International City Managers' Association re: participation in a summer intern program for graduate"or.under- graduate students. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 13,•1968 Page Eight 2. Copy of a memo from Lew Holland,'San Luis Obispo County Development Association re: the January Newsletter and 1967/68 budget. 3. Letter from the Redondo Beach Chamber of Commerce re: tour of the Morro Bay Harbor. 4. Copy of Assembly Bill No. 2349 re: making monies available from the State Highway Fund'for the planting of trees. 5. Letter from the League of Women Voters of San Luis Obispo re: a conference on Community Involvement in Economic Development to be held on February 21, 1968, in Los Angeles.' 6. Copy of the Agenda of the meeting held February 6, 1968, and copy of the minutes of the meeting held January 16, 1968 of the San Luis Obispo County Water Resources Advisory -Committee. 7. Copy of the Agenda of the Harbors and Watercraft Commission meeting to be held February 19, 1968..' 8. An invitation to participate in the La Fiesta San Luis Obispo' to be held May 16, 17, 18.and 19, 1968. 9. Letter from the City of Pismo Beach re: Quarterly meeting'of the Channel Counties Division of the League of California Cities to be held March 15, 1968 at the Pismo Beach Veterans' Memorial Hall. 10. Letter from the Pacific Gas & Electric Company re: the proposed abandonment of a portion of South Street and Palm Avenue, re -- questing that they be granted an easement for their facilities. 11. Copy of the minutes of the Harbors and Watercraft Commission meeting held January 15, 1968. 12. Letter from the Pacific Telephone Company re: progress of the proposed extended area service for cities adjacent to San Luis Obispo. MOTION: Councilman Bowen moved that the correspondence be filed. Councilman Mallery seconded. Passed unanimously. ADJOURNMENT: MOTION: Councilman Bickford moved for adjournment. Council- man Bowen seconded. Passed unanimously. Meeting adjourned at 9:38 P.M. RECORDED BY: C. TED WHITE, City Clerk V By: Daisy M. Schacht, Deputy City Clerk' L MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL February 13, 1968 (c) Mr. Kardel stated the other matter he has to bring up concerns the qualifications of the candidates to be on the ballot for the April.'9th election. He stated that upon the City Clerk's office checking the nomination papers at the County Clerk's Office, discrepancies were found and submitted to his office for a legal opinion. Mr. Kardel stated there are three areas of possible discrepancy. One is the standing of the candidate.himself, second is the standing of those parties who signed as nominators, and the third is the certification of the circulator.: The principal area of question seems to be in the latter two. He further stated that he has asked that there be no statements from the City Clerk's office until.this matter is,resolved, and that when he has made his determination he will ask for a special session to present all of the facts to the' City Council. Lengthy discussion was held by and between members of the City Council, City Attorney, City Administrator, and Joe Giannini regarding this matter. Mr. Kardel stated he would have a written legal opinion on this matter at the earliest possible date. Councilman Mallery also asked that an opinion be rendered relative to the authority of the Council to qver-ride the discrepancies in the nomination papers. No further action at this time. D-3 City Administrator (a) The Financial report for the period February 1 through February 15, 1968 was considered by the Council. MOTION: Councilman Bickford moved for the approval of the financial report for the period February 1 through February 15, 1968. Councilman Bowen seconded. Passed unanimously. CORRESPONDENCE: 1. Bulletin from the League of California Cities dated January 30, 1968 re,: constitutionality of the second paragraph of the oath required of public officers and employees. Mr. White read said bulletin in its entirety. 2. Bulletin from the League of California Cities'dated February 21, 1968 re: Federal Information Bulletin dated January, 1968 re: Office of Economic Opportunities. 3. Legislative Bulletin from the League of California Cities dated February 15, 1968 re: matters before the State Legislature. Ir ■o CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING January 23, 1968 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular Meeting of January 9, 1968 2. Adjourned Executive Session of January 9, 1968 3. Adjourned Regular Meeting of January 9, 1968 HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of L. A. Boettcher re:'Information Booth in City Park a, A-.2 Appearance of E. L. Kidwell, Supervisor,.Second District, re: Ambulance Service UNFINISHED BUSINESS B-1 Appointment of member of Council'to represent City!on San Luis Obispo County and Cities Area Planning Coordinating Council B-2 Notice of Appointment of -Pity Councilmen to League of Calif. .Cities Committees B-3 Notice of Completion for -construction of sewer and water mains across Morro Creek, W. M. Lyles Co. B-4 Notice of Completion for drilling new water well, Water Well Supply Co. B-5 Report and recommendation of Planning-Commission,on abandon-. ment of various streets NEW BUSINESS C-1 Amendment of Uniform Transient Occupancy Tax Ord. (1st reading) C-2 Vehicle Abatement Ordinance (1st reading)• C-3 Underground Utilities Ordinance C-4 Resolution calling & giving notice of the holding of a general. municipal election, April'9, 1968 C-5 Resolution approving Agreement & Grant of Real Property by & between Feree & Jessie L. Pierce & City of Morro Bay (S. S.. Project 28) C-6 Resolution accepting deed from Feree & Jessie L..Pierce (S.S. Project 28) C-7 Request from Garing, Taylor & Assocs.; City Engineers, for change of fee schedules for services C-8 Request authorization to fill position of Building Inspector INDIVIDUAL DETERMINATION AND/OR.ACTION D-1 City Council. D-2 City Attorney D-3 City Administrator a. Financial Report b. Transfer CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meetings: February 13 and-27, 1968 2. Planning Commission Meetings; February 6 and 20, 1968 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 23, 1968 7:30 P.M. Morro Bay Recreation Hall The meeting was called to order at 7:33 P.M. with the Pledge of Allegiance. Mayor Surfluh gave the invocation. ROLL CALL PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None MINUTES Minutes of the regular meeting, the adjourned executive session and the adjourned regular meeting of January 9, 1968 were considered by the Council. Mayor Surfluh asked if there were any corrections to be made to said minutes. MOTION: Councilman Bowen moved that the minutes be approved as written. Councilman Keiser seconded. Passed unanimously. HEARINGS, APPEARANCES AND REPORTS A=1 Appearance of L. A. Boettcher re: Information Booth in City Park - Mr. Boettcher spoke to the Council relative to the present condition of the information booth in the City Park on Morro Bay Boulevard. He suggested that this building be painted, that some drapes be hung, and the inside cleaned out to make the building more attractive. He stated that if the Chamber of Commerce would clean it up and paint it, he would furnish the paint.', Councilman Keiser stated that the Parks and.Recreation Commission has discussed the problem of having to store the equipment used by the Senior Citizens in the park in the information booth and they have recommended that additional space be provided for the storage of this . equipment. Discussion held regarding the hours the booth is open Iand the 'scheduling of the Senior Citizens who work in the booth. MOTION: Councilman Keiser moved that this matter be referred back to the Chamber of Commerce; that they arrange a work schedule for the Senior Citizens who work in the booth; and that they orientate the Senior Citizens relative to the information to be disseminated to the public. Councilman Bowen seconded.' Mr. White stated it is the responsibility of the Chamber of Commerce to see that the material stacked behind the booth is removed. Motion passed unanimously. MINUTES - MORRO BAY CITY COUNCIL . Regular Meeting January 23,. 1968 Page Two A=2 Appearance of Supervisor E. L re:.Ambulance Service Kidwell, Second'District, Supervisor Kidwell spoke to the Council relative to the proposed ambulance service for the Estero Bay Area and the County Services Area No. 15. He stated his purpose for appearing before the Council at this meeting was to get a determination from the Council as to, whether they felt an ambulance service is a needed and desirable service for the City of Morro Bay. The three avenues available, in his opinion, are as follows: (1) a petition from the Morro Bay City Council to be annexed to the County Services Area No. 15; (2) to have the Council select a committee of the Council or staff or combination of both to sit down and work with himself and the legal advisors for the City and County to dis- cuss methods of operation and how�it would pertain to Morro Bay, and also the drafting of a Joint Powers Agreement. Said committee to report back to the Council; and (3) to completely disregard or reject the idea of having an ambulance here in Morro Bay. He stated he would, be available at'any time to work with 'a.committee if the Council so chooses. Comments were heard from Hugh Case relative to the special meeting called by the Council to discuss the County Services Area No. 15 with Supervisor Kidwell. Mayor Surfluh informed Mr. Case that al- though this was a special meeting,, it went through the proper legal channels. Discussion held by and between members of the Council, staff, Super- visor Kidwell and Mr. Case relative to the.cost of the proposed ambulance service. Mr. Vic Brunelli of the Baywood Park/Los Osos area stated he felt an ambulance service for this area was very vital and necessary. Mayor Surfluh stated he had received a letter from Dr. Rockwell of Morro Bay opposing the ambulance service. Mr. White read said letter in its entirety. Mr. White also read a letter received this date from the Morro Coast Multiple Listing Service supporting the ambulance service. Further discussion held. Councilman Mallery suggested that this matter be put on the ballot of the April 9th general municipal election to let the voters decide whether they want an ambulance service or not, or that a committee of qualified people be appointed to work with staff on this matter. MOTION: Councilman Keiser moved that a committee be formed to include a member of the Council and staff, and the City Attorney, to meet in the near future with Supervisor Kidwell and a County legal advisor for the purpose of drafting guidelines and policies for a joint powers agreement to provide necessary ambu- lance service for the City of Morro Bay, County Services Area No. 15. Said committee to report its findings to the Council at the meeting of March 26, 1968. Councilman Bickford seconded. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 23, 1968 Page Three Mr. Case asked if members -of the public could be included on this committee. Councilman Keiser amended her motion to add that the Mayor may appoint any other interested and qualified citizens to serve on this committee. Further discussion held relative to putting this matter on the ballot. Mrs. Lester Hutton spoke, stating that if every'time a controversial issue was put on the ballot, the citizens of Morro Bay would be voting every two weeks. Comments were heard from Neil Moses who stated that if the people of Morro Bay want an ambu- lance service and want to pay for one it is fine with him, but he felt also that this should be put before the people on the ballot. Supervisor Kidwell one because a comm the Council for th hope the committee ambulance service. Further discussion operator. stated he felt Mrs. Keiser's motion was a good ittee could draft a solid proposal to present to air consideration. Mayor Surfluh stated he would would come up with an approximate cost for the held regarding subsidizing a private ambulance Councilman Bickford called for the question on.Councilman Keiser's motion. Roll call vote: passed unanimously. UNFINISHED BUSINESS B-1 Appointment of member of Council to represent City on San Luis Obispo County and Cities Area Planning Coordinating Council . Mr. White reviewed briefly what has transpired.previously relative to the aforementioned council and stated the preliminary draft was presented to the City Council last week. He stated the next step was to appoint a member of the Council to represent the City of Morro Bay on this Area Planning Coordinating Council so the by-laws could be drafted for submission to the indi- vidual city councils and the Board of Supervisors. He further stated that it was the general concensus of opinion when this council was formed that the mayor or vice -mayor, would act as the representative for his respective city, with all members of the Board of Supervisors participating. The first meeting will be 'held February 6, 1968 in the Courthouse Annex at 1:30 P.M. Discussion held. MINUTES - MORRO BAY CITY Council Regular Meeting January 23, 196,8 Page Four MOTION: Councilman Bowen moved that Vice=Mayor Wayne Bickford be appointed to represent the City on the San Luis Obispo County and Cities Area Planning Coordinating Council. Council- man Keiser seconded. Passed,unanimously, B=2 Notice of appointment of City Councilmen to League of California Cities Committees Mr. White stated in November, 1967, a request was received from the League to have the City Council submit names of Council•.members who wished to serve on'one of the.29 League Committees. Names were submitted and the appointments have been made. Councilman Mallery will serve on the Aviation Problem Committee and,Councilman Bickford will serve on the Committee for Tidelands.' No Council action required. B-3 RESOLUTION NO. 7-68. RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR REPLACEMENT OF SEWER AND WATER MAINS ACROSS MORRO CREEK(BID NO. 6-67-C) Mr. White reviewed this project for the benefit of the Council and those present. He stated California Disaster Office money was available and an application was made through the County Hydraulic Engineer's Office for replacement of the sewer and water mains. The grant was, subsequently, approved. He stated the work has been completed and it is now in order to pass a resolution giving notice of completion. He then read Resolution No. 7-68 in its entirety. . MOTION: Councilman Bickford moved for the adoption of - Resolution No. 7-68. Councilman. Keiser seconded. Roll call vote: passed unanimously.. Mr. White stated the cost of this project will be reimbursed by the California Disaster Office as soon as the grant comes through. B-4 RESOLUTION NO. 8-68. RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR INSTALLING WATER WELL ON CITY PROPERTY (ROMERO WELL, NO. 11) Mr. White read Resolution No. 8-68 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 8-68. Councilman Bowen seconded. Roll call vote: passed unanimously. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January'23, 1968 Page Five c Comments were heard from Mr. Case relative to the bidding of this project. Mr. White stated•that in public works items costing less than $2,500 an informal bid procedure is used:. B-5 Report and Recommendation of Planning Commission on abandonment of various streets Mr. White reviewed the actions taken previously relative to the abandonment of Oak Street, a portion of Palm Avenue and a portion of South Street. He reviewedthe recommendations of the Planning Commission regarding said proposed abandonments.Maps showing .the'. location of said proposed abandonments we're presented to the Council for their review and consideration. Mr. White suggested that the members of the Council review these particular streets and the recommendations of the planning.consultant firm relative to the total street requirements of the city. Discussion held among members of the Council, staff.and audience. MOTION: Councilman Keiser moved to defer this matter to the meeting of.February 13, 1968. Councilman Bowen seconded. Passed unanimously. B-6 RESOLUTION,NO. 9-68. RESOLUTION REQUESTING THE AT Added) ENERGY COMMISSION TO GRANT PACIFIC GAS AND ELECTRIC COMPANY A CONSTRUCTION PERMIT FOR A NUCLEAR POWER PLANT IN SAN LUIS OBISPO COUNTY. Mr. White reviewed the action taken previously by the Council relative to this matter, and stated that P. G. & E. has requested the Council to adopt a resolution in support of the construction of a nuclear power plant in Diablo Canyon. He then read Resolution No. 9-68 in its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 9-68. Comments were heard from Hugh Case relative to this matter Councilman Keiser seconded passed unanimously. RECESS: 8:47 P.M. RECONVENED: NEW BUSINESS Roll call vote: 9:00 P.M. C-1 ORDINANCE NO. 70. AN ORDINANCE AMENDING CHAPTER VIII OF TITLE II OF THE MORRO BAY MUNICIPAL`CODE, UNIFORM TRANSIENT OCCUPANCY TAX ORDINANCE. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 23, 1968 Page Six Mr. White reviewed the steps being taken by. the other cities in.the County relative to changing the uniform transient occupancy tax from four percent to .five percent. He then read Ordinance No. 70 in its entirety. MOTION: Councilman Mallery moved that this constitute the first reading of Ordinance No. 70. Councilman Bowen seconded. Roll call vote: passed unanimously. Second reading to be heard February 13, 1968. C-l(a) Report on Safety Provisions of City Building Code Added) Councilman Keiser asked for permission to deviate from the published Agenda and requested a report from the staff on the safety provisions of the City Building Code as requested at the meeting of January 9: Mr. White stated staff has reviewed the aforementioned safety pro- visions relative to parking vehicles perpendicular and diagonally to store fronts, such as exists at William Bros. Market. He read a. memo from Malcolm Little, Administrative Assistant, dated January 23, 1968, relative to said safety provisions. Mr. White stated that upon review of the UniformBuilding Code and the City ordinances, the City is limited as to what it can require store owners to install and that it would be up to the individual store owner to install additional safety precautions such as safety glass and physical barriers. Discussion held among members -of the Council and staff and Mrs. Lester Hutton relative to the safety provisions of the City Building Code and what may be done in the future. No Council action taken at, this time. C-2 AN ORDINANCE CREATING CHAPTER VI TO TITLE XI OF THE MORRO BAY MUNICIPAL CODE ENTITLED "VEHICLE ABATEMENT ORDINANCE" Mr. White asked that this be deferred to the meeting of February 13, 1968 so that the Council will have time to consider and review the proposed vehicle abatement ordinance. MOTION: Councilman Mallery moved to defer this item to the meeting of February 13, 1968. Councilman., Bickford seconded. Passed.unanimously.• 1 " MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 23, 1968 Page Seven C-3 AN ORDINANCE CREATING CHAPTER VI TO TITLE IX OF THE MORRO BAY MUNICIPAL CODE ENTITLED, UNDERGROUND UTILITIES ORDINANCE Mr. White stated the purpose of placing this item on the Agenda to- night was to bring it to the attention of the Council for their consideration and review. He requested authorization to meet, on staff level, with repre- sentatives of the engineering department and management people of the utility companies to work with them to be assured that this ordinance meets their operational and engineering requirements. MOTION: Councilman Bickford moved to authorize staff to consult with the public utility companies concerned to draft a final ordinance for the Council's con- sideration at an early date. Councilman Bowen seconded. Passed unanimously. C-4 RESOLUTION NO. 10-68. A RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION, APRIL 9, 1968 Mr. White read Resolution No. 10-68 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution'No. 10-68. Mayor Surfluh seconded. Roll call vote: passed unanimously. C-5 RESOLUTION NO. 11-68. RESOLUTION APPROVING AGREEMENT AND GRANT OF REAL PROPERTY BY AND BETWEEN FEREE AND JESSIE L. PIERCE.AND THE CITY OF MORRO BAY (S. S. PROJECT NO: 28) Mr. White reviewed the location and need for the property owned by Mr. & Mrs. Pierce. He stated it has been tentatively agreed that the City would install curb, gutter and sidewalk across the frontage of said property in exchange for the needed right=of-way. Said property to be used for road purposes in conjunction with'Select System Project No. 28. He then reviewed the Agreement for the benefit of the Council and those present. Mr. White read Resolution No. 11-68 in its entirety. MOTION: Councilman Bowen moved that Resolution No. 11-68 be adopted. Councilman Keiser seconded. Roll call vote: passed unanimously. C-6 RESOLUTION NO. 12-68. RESOLUTION.ACCEPTING DEED FROM FEREE AND JESSIE L. PIERCE Mr. White read Resolution No. 12-68 in its entirety MINUTES - MORRO BAY CITY COUNCIL Regular Meeting. January 23, 1968 Page Eight MOTION: Councilman Bickford moved for the adoption ,of' Resolution No. 12-68.. Councilman Bowen seconded. Roll call vote: passed unanimously. C-7 Request from Garing,'Taylor &.Associates; City Engineers, for change of fee schedule for services Mr. White read a letter received from Samuel L. Taylor of Garing, Taylor & Associates, dated January 9, 1968, requesting Council approval of an increase in rates. Mr. White reviewed the present fee schedule and the proposed fee schedule.which would be effective January 1, 1968. Discussion held among members -of the Council and staff.` Comments were heard from Hugh,.Case and he requested a copy of. the proposed fee schedule. Further discussion held. MOTION: Councilman Bickford moved that we authorize the new rate schedule presented by Garing, Taylor,& Associates. Councilman Bowen seconded. Passed unanimously. C_8 Request authorization to,fill position of Building Inspector Mr. White read a memo from himself to the City Council dated January 23, 1968, relative to the need for filling the position of Building Inspector. Said position was budgeted for in the,1967-68'budget. He then read a memo from Malcolm Little, Administrative Assistant, outlining some of the projects which could be more effectively accomplished if this position was filled, and also setting forth the activities and projects of the Building Department during 1967. Mr. White stated that at the present time, Mr. Little is carrying. out the duties of a building inspector as well as those duties assigned to him in the capacity of Administrative Assistant. Discussion held among members of the Council and staff. Comments were heard from Hugh Case who stated he felt there was not a need for this position. MOTION: Councilman Mallery moved that we do not fill the position of Building Inspector at. -this time and let it be resolved at the forthcoming budget session. Councilman Keiser seconded. Passed unanimously.' C-9 Mr. White stated that at the general municipal election TAdrded) held in April of 1966, a fee of $20 was charged for those candidates desiring to file a Statemerit.�of:'Qdalif.ications to cover the cost of printing. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 2-3, 1968 Page Nine He requested Council authorization to again'charge $20 for each candidate filing a Statement of.Qualifications.„ MOTION: Councilman Mal-lery moved.that $20 be set as the. fee for candidates filing a Statement of Quali- fications. Councilman Bickford seconded. Passed. unanimously. Comments were heard from Hugh Case relative to having•to'pay a fee for filing as a candidate for public office. It•was explained to him that this fee was for the Statement„of Qualifications only,. that a candidate is not required to file.said.Statement, but may do so if he so desires. C-10 Mr. White stated at the last Council meeting the matter (Added) was brought up by Councilman Keiser regarding the San Luis Obispo County Department of Public Health's require ment of paying certain fees for inspections of public eating and drinking establishments. He asked for further clarification from the Council as to what action they wished to take. Discussion held. Councilman Keiser withdrew her motion made January 9, 1968, relative to the City Council protesting this inspection fee. No further action taken. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (a) Councilman Mallery read the minutes of the committee meeting held on January�16 regarding the monthly charges for the City boat slips and City Pier for the benefit of the Councii.and those present. It was the recommendation of those attending the committee meeting that the monthly rental for City boat slips be left at $30 and.the rental for the City Pier be decreased to $10 per month. Lengthy discussion held by and between members of the Council and staff, and Mr. Pludow and Dr. Pludow, relative to whether the City is going to build any more boat slips and the fact. that Mr. Pludow feels the City will be in competition with their privately owned marina. Mr. Pludow requested that the City Council make"a definite decision-,. at this meeting as to whether. they will complete the 18,'slips pre- viously authorized, so they can make plans for completing the 400 slips scheduled for their marina. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 23, 1968 Page Ten Mr. Kardel, City Attorney, stated this Council is in'no position to enter into an agreement of any kind at this time regarding the completion of the City boat slips, nor could they offer.any guarantee that they would or would not be built. Further discussion held. Hugh Case stated he would like to bid on the City boat slips at any time they are put out for bid. MOTION: Councilman Bickford moved that we accept the recommendations of this committee on a trial basis for the rental of our City facilities at the dock and floats. Councilman Keiser seconded. Discussion held regarding the monthly charge of $10 for the facilities at the City Pier. Mr: White suggested the rate of $10.per month for 20 foot boats and fifty cents for every foot over 20 feet. Mr. Joe Giannini urged the Council to accept the recommendations of the committee. Motion passed unanimously. D_2 City Attorney Mr. Kardel stated the depositions of May Pipkin and Dora McGurn are scheduled for the 16th of January, and they have subpoenaed all of Mrs. McGurn's records to bring with her to that deposition. D-3 City Administrator (a) Financial Report for'the period January 1 through January 15, 1968 was considered by the Council. Councilman Mallery questioned the check payable to Lloyd Sevedge for travel expenses. Mr. White stated Mr. Sevedge-is employed by the City and works at the Wastewater Treatment Plant. He takes care of the lift stations at Cayucos and in so doing uses.his private car. His salary and expenses are paid by the City and the City is,reim- bursed by Cayucos on a quarterly basis.. MOTION: Councilman Keiser moved to.approve the I Financial Report for the period January 1.through January 15, 1968. Councilman Bowen seconded. Passed unanimously. (b) Transfer Mr. White stated that in order to meet our obligation to the contractor for replacing sewer and water mains across Morro Creek while we are waiting for the federal grant, authorization is requested to transfer MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 23, 1968 Page Eleven $13,352 from the Unbudgeted Reserve to the active account to,pay W. M. Lyles Company for the work which has'been completed. MOTION: Councilman Bowen moved for the approval of the transfer of $13,352 from the Unbudgeted Reserve to the active account to pay W. M. Lyles Company. Councilman Bickford seconded. Passed unanimously. CORRESPONDENCE 1. Letter from Ralph McNair dated January 3 relative to charges for the City boat slips and City Pier facilities. 2. Letter from Assemblyman William Ketchum informing the Council that he has placed their names on the mailing list to receive the weekly publications of the Senate and Assembly. 3. Series of correspondence from the City,of Commerce opposing the recommendation of the League of California Cities toward the adjust- ment of the disbursement of cigarette tax money to.cities in California. No Council action taken. 4. Copy of the Agenda of the Fish and Game Commission meeting to be held February 2, 1968. 1 - 5. Letter dated January 12 from the County Department of Adminis- trative Management re: appointment of Colonel Philip E. Snyder, AUS, Retired, as a full time Civil Defense Coordinator. 6. Notification from the League of California Cities re: Governor's Conference on Planning for Housing and Homeownership, January 31 through February 1, in Sacramento, and the adoption of AB 1952 requiring that a county or city general plan include a housing element by.July, 1969. 7. Copy of the Agenda of the San Luis Obispo County Water Resources Advisory Committee meeting held January 16, 1968. 8. Copy of the minutes of the San Luis Obispo County Water Re- sources Advisory Committee meeting held December 5, 1967. 9. Notice from the State Controller re: apportionment of cigarette tax money to Morro Bay in the amount of $2,098.97. 10. Notice of a hearing before the Public Utilities Commission on application by Radio Page, Central Coast, to install radio telephone services in the south.county. No Council action taken. MOTION: Councilman Mallery moved that the correspondence be filed. Councilman Bowen seconded. Passed unanimously. ADJOURNMENT MOTION: Councilman Keiser moved that the meeting be adjourned. Councilman Bowen seconded. Passed unanimously. Meeting adjourned at 11:04 P.M. RECORDED: BY: C. TEEDD WHITE, City Clerk By: Dais M c a�ht/z puty City Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned Executive Session January 9, 1968 10:53 P.M. Morro Bay Recreation Hall Mayor Surfluh called the executive session to order at 10:53 P.M. This is an adjourned executive session,from the regular meeting held this date. PRESENT: Councilmen Bowen, Keiser, Mallery and Mayor Surfluh ABSENT: Councilman Bickford Also present: C. Ted White, City. Administrator; Peter M. Kardel, City Attorney; and Daisy M. Schacht,, Deputy City Clerk 1. Mr. Kardel reviewed the pending litigation relative to the May Pipkin lawsuit for the benefit of the Council. 2. The name of Harold Wieman was presented to the Council for consideration to serve on the Parks and Recreation Commission. No other names were proposed. Mr. White then suggested that the Council adjourn to regular session to discuss the appointment of one member to the Parks and Recreation Commission to fill the `unexpired term of Arthur Henzgen who has re- signed. MOTION: Councilman Bowen moved to adjourn from executive session to open session. Councilman Keiser seconded. Passed unanimously. Meeting adjourned at 11:06 P.M. RECORDED BY: C. TED WHITE, CITY CLERK Uay By: Daisy M. Schacht; Deputy City Clerk c MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting January 9, 1968 11:06 P.M. Morro Bay Recreation Hall Mayor Surfluh declared the Council to be in open session at 11:06 P.M. Mr. White stated that due to the resignation of Arthur Henzgen from the Parks and Recreation Commission, one member is to be appointed to fill his unexpired term. Councilman Keiser recommended Harold F. Wieman to fill this vacancy. She stated members of the Parks and Recreation Commission had recommended Mr. Wieman to.fill this position. MOTION: Councilman Keiser moved that Harold F. Wieman be appointed to, the Parks and Recreation Commission to fill the unexpired term of.Arthur Henzgen. Councilman Bowen seconded. Passed unanimously. MOTION: Councilman Bowen moved that the meeting be adjourned. Councilman Keiser seconded.. Passed unanimously. Meeting adjourned at 11:12 P.M: RECORDED BY: C. TED WHITE, City Clerk By: Daisy/M. Schacht, Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING January 9,. 1968 , 7:30 P. M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES: 1. Regular meeting of December 12, 1967 HEARINGS,. APPEARANCES AND REPORTS: A-1 Appearance of Mrs. Lester Hutton relating to safety require- ments of the City Building Code A-2 Appearance of Ralph Gunther relating to the granting of a refuse collection franchise UNFINISHED BUSINESS: .B-1 Consideration of proposed Refuse Collection Franchise B-2 Resolution accepting low bid and awarding contract for S. S. Project No. 28, Main Street B-3 Resolution re: use of public facilities, insurance required and formulation of rules and regulations B-4 Letter from Wildlife Conservation Board re: off -shore fishing reefs B-5 Letter.from Flood Control Water Conservation District re: formal investigation of Morro Creek by Corps of Engineers B-6. .Appointment of Ruth Woll as permanent member of Planning Commission NEW BUSINESS:. C-1 Resolution approving Certificate'of Acceptance for an easement from Gertrude R. Martin (S.. S. Project No. 28) C-2 Resolution accepting easement from Gertrude R. Martin, (S. S. Project No. 28)_ C-3 Request for participation in comprehensive health planning council, steering committee C-4 Resolution requesting County Clerk to render'services for General Municipal Election to be held April,9, 1968 C-5 Request authorization to attend spring meeting,'City Manager Department, League of California Cities, February 28 to March 1 C-6 Request consideration of a.change of Uniform Occupancy Tax Rate C-7 Request appointment ;of one'member to Parks & Recreation Commission' to fill vacancy INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council D-2 City Attorney D-3 City Administrator, _ . a. Financial Report" ' CORRESPONDENCE: ADJOURNMENT: CALENDAR 1.• City Council Meetings; January 23 and February 13, 1968 2. Planning Commission Meetings:. January 16 and February 6, 1968 I . . MINUTES - MORRO'BAY CITY 'COUNCIL,'. Regular Meeting January 9, 1968 7':30 P.M. Morro Bay Recreation Hall The meeting was called to order at 7:32 P.M. with the Pledge of. Allegiance. Mayor Surfluh gave the invocation. ROLL CALL PRESENT: Councilmen Bowen, Keiser, Mallery and Mayor Surfluh ABSENT: Councilman Bickford MINUTES Minutes of the regular meeting of December 12, 1967 were considered by the Council. Mayor Surfluh asked if there were any corrections to be made•to said minutes. MOTION: Councilman Bowen moved that the minutes•of. December 12, 1967 be approved as written. Councilman Keiser seconded. Passed unanimously. HEARINGS, APPEARANCES AND REPORTS A_1 Appearance of Mrs. Lester Hutton•regarding safety require- ments of.the City Building Code Mrs. Hutton made comments regarding safety provisions in the City Building Code, speaking specifically about the accident which occurred at William Bros. Market in August, 1967, whereby a vehicle went through a plate glass window injuring several persons. She felt.there was,a need'for:a revision'in said safety provisions to provide that stores having such large plate glass windows be required, to install some type of additional protection such as shatterproof windows to prevent such accidents, and to provide some sort of barrier or curb between the parking lot and the store fronts. Councilman Keiser thanked Mrs. Hutton for bringing this to the atten tion of.the Council. MOTION: Councilman Keiser moved that this matter be referred to staff for •study. and recommendations as -to a possible. change in the safety provisions of the City Building Code. Staff to present a preliminary report to the Council on January 23, 1968. Councilman Bowen seconded. Passed unanimously. A-2 Appearance of Ralph Gunther relating to the granting of a refuse collection franchise Mr. Gunther.spoke to the Council opposing .the granting of a refuse collection franchise to Mr. Wagner without putting it'out to bid. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 9, 1968 Page Two Mr. Gunther read a prepared statement stating that his client wished to bid on the refuse collection franchise. Lengthy discussion held among members of.the Council and Mr. Gunther relative to his statements. Comments were heard from Hugh Case who stated he also desired to bid on said franchise. Further discussion held and it was determined by•the Council that.it was in the best interest of the City and their legal right to grant a franchise without advertising for bids. It'was also.noted'that after considering this matter for several months, this request for bids was rather late in being presented. Mayor Surfluh stated that if there were no other comments to be heard,. the proposed refuse collection franchise would now be considered. UNFINISHED BUSINESS B-1 Consideration of proposed Refuse Collection Franchise Mr. White read the proposed refuse collection franchise in its entirety for the benefit of the Council and those present. Mayor Surfluh asked the members of the Council if they had any questions regarding the proposed franchise. Discussion held relative to striking the'word "annually" in Section 18, the word "exclusive", and the 15 year term of'the contract. It was the determination of the Council to strike the word "annually" from Section 18, but to leave in the word "exclusive" and to set the term of the franchise at 15 years. RESOLUTION NO. 1-68. RESOLUTION GRANTING 'A REFUSE. COLLECTION FRANCHISE TO RAY M. WAGNER' Mr. White read Resolution No. 1-68 in its entirety. MOTION: Councilman Bowen moved for the adoption of Reso- lution No. 1-68 as amended. Further discussion held relative,to inserting the word "exclusive" in the resolution, after which it was decided this was not necessary. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bowen, Keiser and Mayor Surfluh NOES: Councilman Mallery ABSENT: Councilman Bickford Further discussion held and comments were heard from Hugh Case, Mr. Northrup and Mrs. Greenelsh relative to the Council allowing other interested parties to bid on the refuse collection franchise. N MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 9, 1968 Page Three B-2 RESOLUTION NO. 2-68'. RESOLUTION ACCEPTING LOW BID AND AWARDING CONTRACT FOR WORK RELATIVE TO THE CHANGE OF GRADE AND STREET CONSTRUCTION ON,.MAIN STREET, S. S. PROJECT NO. 28 Mr. White stated that on January 2, 1968 bids were opened for Select System Project No. 28 for the change of grade and street construction work on Main Street from the vicinity of Surf Street to Quintana Road. Eights bids were received and the low bid in the amount of $65,721.45,was received from C. S. Construction Company. The Engineer's Estimate was in excess of $70,000. It was the recommendation of staff that the bid be granted -to C. S. Construction Company. Mr. White then read Resolution No. 2-68 in its entirety. MOTION: Councilman Keiser moved that Resolution No. 2-68 be adopted. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bowen, Keiser'and Mayor Surfluh NOES: Councilman Mallery ABSENT: Councilman Bickford B-3 RESOLUTION NO. 3-68. RESOLUTION REGARDING USE OF PUBLIC FACILITIES, INSURANCE REQUIRED AND FORMULATION OF RULES AND REGULATIONS Mr. White stated that on December 12, 1967, the Council directed staff to prepare a resolution setting forth certain procedures to follow relative to the use of all public facilities, to include use of city streets, parks, buildings, beaches, etc. He then read Resolution No. 3-68 in its entirety. MOTION: Councilman Bowen moved for the adoption of Reso- lution No. 3-68.. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bowen, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Bickford B-4 Letter from Wildlife Conservation Board re: Off -Shore Fishing Reefs Mr. White stated that several months ago, at the request of the Council, a request was made to the Wildlife Conservation Board regarding the installation of an off -shore fishing reef near our city. He stated a letter was received on December 28 relative to the findings of the MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 9, 1968 Page Four Department of Fish and Game, and read said letter in its entirety. He also read the findings of the Department of Fish and Game dated December 20, 1967, whereby they stated an artificial reef in this area would not be justified. No action taken. B-5 Letter from Flood Control Water Conservation District re: formal investigation of Morro Creek by Corps of Engineers Mr. White reviewed the damaged received in the Morro Creek area during the flood of December, 1966 and stated that subsequent•to that time, the City Council directed an'inquiry to the San Luis Obispo County Flood Control and Water Conservation District regarding the steps to be taken to provide a zone within the district to provide for certain flood control projects. He stated that subsequent to that inquiry, city staff has"been, working with the Flood Control District and the Corps of Engineers regarding the small flood control project which could be implemented and financed without any formal action by Congress. He then read a letter received from Robert H. Born, County Hydraulic Engineer, in its entirety. Mr. White stated this'item was presented at this time as an information item only. -No,Council action required at this.time.. B_6 Appointment of Ruth Woll as permanent member of Planning Commission Mayor Surfluh stated this matter could be taken -care of in an execu- tive session. Mr. White reviewed action taken.previously by the City Council relative to appointing Mrs. Woll to act as a temporary Planning Commissioner during Jesse Drake's leave of absence. .Brief discussion held. MOTION: Councilman Keiser moved that Mrs. Ruth-Woll be appointed to fill.the unexpired term of Jesse Drake (deceased).. Councilman Bowen seconded.''.. Roll call vote: AYES: Councilmen Bowen, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Bickford RECESS: 9:07 P.M. RECONVENED: 9:16 P.M. NEW BUSINESS C-1 RESOLUTION NO. 4-68. RESOLUTION APPROVING CERTIFICATE OF ACCEPTANCE FOR EASEMENT FOR DRAINAGE PURPOSES, SELECT SYSTEM PROJECT NO. 28 M W MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 9, 1968 Page Five Mr. White stated there is a five foot easement required'along the westerly property line of property owned by Gertrude R. Martin for drainage purposes and that the City has offered,, and Mrs. Martin has accepted, the amount of $95.80 for said easement. He then read the Certificate of Acceptance and -Resolution No.. 4-68. The Easement was reviewed by Mr. White for the benefit of the Council and those present. Discussion held. MOTION: Councilman Keiser moved for the adoption of Reso lution No. 4-68. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bowen, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Bickford C-2 RESOLUTION NO. 5-68,. RESOLUTION APPROVING EASEMENT BY AND BETWEEN GERTRUDE R. MARTIN AND THE CITY OF MORRO BAY (SELECT SYSTEM PROJECT NO. 28) Mr. White read Resolution No. 5-68 in its entirety. MOTION: Councilman Keiser moved for the adoption of Reso- lution No. 5-68. Councilman Bowen seconded.Roll call vote: AYES: Councilmen'Bowen,-Keiser, Mallery'and Mayor, Surfluh NOES: None ABSENT: Councilman Bickford C-3 Request for participation in Comprehensive Health Planning Council, Steering Committee Mr. White read a letter received from H. Howard Kusumoto, M.D., Acting Health Officer of the County of San Luis Obispo, requesting the city'to participate on a Steering Committee in a Comprehensive Health Planning Council. He requested some direction from the Council rela- tive to this request. Councilman Keiser suggested that a person other than'a Councilman be appointed to this committee; and that this matter be postponed to a later date so members of the Council would have to consider someone for this position. Discussion held. MOTION: Councilman Bowen moved that Councilman Keiser be appointed to the Steering Committee of the Comprehensive Health Planning Council as the City's representative. Mayor Surfluh seconded. Passed unanimously. C-4 RESOLUTION NO. 6-68. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY REQUESTING.THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO'TO PERMIT THE COUNTY CLERK OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF MORRO BAY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 9, 1968 N N MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 9, 1968 Page Six Mr. White read Resolution No. 6-68 in its entirety and.s'tated staff will have subsequent material to,present at.later meetings relating to the forthcoming election. MOTION: Councilman Keiser moved for the adoption.,of Reso- lution No. 6-68. Councilman Bowen seconded. Roll call vote: AYES: Councilman Bowen, Keiser, Mallery and Mayor Surfluh NOES: None ` ABSENT: Councilman Bickford. C-5 Request authorization to attend'Spring Meeting, City Manager Department, League of California -Cities, February 28 to March 1, 1968- Mr. White requested authorization from the Council to attend this', meeting to be held in Palm Springs. MOTION: Councilman Bowen moved that the request be granted. Councilman Keiser seconded. Passed unanimously. C-6 Request Consideration of a Change of Uniform Transient Occupancy Tax Mr. White stated this is a request for a determination by the Council as to which direction the Council wishes to proceed in regards to the allowable five percent for the Uniform Transient Occupancy.Tax. Legislation became effective in 1967 giving cities the right to 'in- crease the bed tax from four percent to five percent. It was the recommendation of staff that if the Council adopted the five percent bed tax that it become effective.either at the end of the first quarter or second quarter.of the calendar year. Comments were heard .from Hugh Case relative to the use of the funds collected by the bed tax. Mr. Dan Cooper, representing the Morro Bay Motel Association, Inc., spoke to the Council stating it is the wish of the Motel Association to receive a portion of the bed taxes which are collected for ad- vertising purposes. Lengthy discussion held among members of the Council, staff and Mr. Cooper regarding the allocation of a portion of the -proposed five per- cent bed tax to the Motel Association. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 9,.1968 Page Seven MOTION: Councilman Bowen moved that Uniform Transient Occupancy Tax Ordinance be amended to increase the occupancy tax to five percent (58). Councilman Keiser seconded. Passed unanimously. C-7 Request appointment•of one member to Parks & Recreation Commission Mr. White suggested that this matter be.considered in executive session. MOTION: Councilman Bowen moved to defer Item C-7 on the Agenda to an executive session. Councilman Keiser seconded. Passed unanimously. INDIVIDUAL DETERMINATION AND/OR ACTION m D-1 City Council (a) Councilman Mallery stated he would, at this time, like to bring up the matter of the people electing a Mayor and that he wished to put this matter on the ballot of the general municipal election to be held April 9, 1968. He reviewed Article 5, Section 34900 of the Government Code for the benefit of the Council and those present. MOTION: Councilman Mallery moved that the matter of the people having the right to elect a Mayor be put on the ballot to give the voters of this city an opportunity on April.9 to decide whether they want to elect a Mayor or not. Lengthy discussion held among members of the Council relative to Councilman Mallery's motion. Mayor Surfluh asked if there was a second to Councilman Mallery's motion. There being none, he declared his motion dead for lack of a second. (b) Councilman Keiser asked to be relieved of her responsibility as a committee member on the committee pertaining to boat slips due to her busy schedule prior to her vacation. Mayor Surfluh stated. that if it met with the rest of the Council's approval, Councilman Mallery' would be the committee of the Council to meet with interested persons about the boat slips. Councilman Mallery stated a meeting has been set for Tuesday, January 16, 1968 at 2:00 p.m. in the City Hall Conference Room. f N MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 9, 1968 Page Eight (c) Councilman Keiser showed those present a flower with black spots on it which supposedly was caused by materials dissemin- ated from the P. G. & E. stacks. Said flower was given to her by a neighbor. MOTION: Councilman Keiser moved that this be referred - to the Air Pollution Committee for study and report back. Councilman Bowen seconded. Passed unanimously. (d) Councilman Keiser brought up the matter of the County of San Luis Obispo charging restaurants and stores an inspection fee. Mr. White stated that upon incorporation, the City adopted, by reference, the County ordinances and this is a procedure whereby they are allowed to charge fees for inspecting certain types of occupancies which handle food products. He stated the normal channel for protest would be through the Board of Supervisors.. MOTION: Councilman Keiser moved that staff inform the Board of Supervisors of the Council's protest against the inspection fees now being imposed' and to request a clarification of said fees from the Board of Supervisors: Comments were heard from Hugh Case opposing the inspection fees im- posed by the County. Councilman Bowen seconded. Passed unanimously. D-2 City Attorney Mr. Kardel'requested that an executive session'be held at the con= elusion of tonight's meeting to discuss litigation. D-3 City Administrator (a) Financial Reports for the periods December 1 through December 15, and December 16 through December 31, 1967 were considered by the Council. Councilman Mallery questioned check no. 5876 regarding Chief Rieger's attendance at the 3 day first aid course sponsored by the Committee, on Injuries of the American Academy -of Orthopaedic Surgeons held in / San Diego December 14, 15 and 16, 1967. Discussion held among members of the Council, staff and audience relative to the value of Chief Rieger attending this conference. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 9, 1968 Page Nine MOTION: Councilman Bowen moved:that.the financial reports for the period December-1 through December 15'and December 16 through December 3i, 1967, be•approved. Councilman Keiser seconded. Passed unanimously., CORRESPONDENCE: 1. Notice from the Controller of the State of California reh apportionment of 30% of:the Cigarette Tax Fund. 2. Notice of proposed tariff changes by Western Union Telegraph Co. 3. Notice from the Department of Parks and Recreation of hearing on the establishment of rules and regulations for the disbursement of Federal funds to state agencies and•local jurisdiction under the provisions of the Federal Land & Water Conservation Fund Act of 1965. 4. Copy of the Agenda of the meeting of the Fish & Game Commission held January 5. 5. Letter and Christmas card from Mrs. Mary Woolman. 6. Copy of the Agenda of the regular meeting of the.Harbors and Watercraft Commission meeting to be held January 15. 7. Copy of the minutes of the meeting of the Harbors and Watercraft. Commission held November 27, 1967. 8. Notification from the State Controller, re: disbursement of. Highway Tax Fund. 9. Memo to city.officials from the County•Planning Department re: Monterey County Planning Council Annual Conference to be held in Asilomar on February 3.' 10. Memo from the California Disaster Office re: Federal assistance in case of natural disaster. 11. Copy of a letter from Congressman Burt Talcott re: Section 801 of House Resolution 12142 relative to reducing the cost in house construction and requesting an opinion. 12. Copy of the Motor Vehicle License Fee Fund for the period June 1,• 1967 through November 30, 1967. MOTION: Councilman Keiser moved that the correspondence be filed. Councilman Bowen 'seconded. Passed unanimously. Mr. Joe Giannini asked for a report on the pending litigation from the City Attorney. Mr. Kardel reviewed for Mr. Giannini and those present what has transpired in the Thomas, et al, suit and the pending May Pipkin, et al. suit. _ -, MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 9, 1968 Page Nine MOTION: Councilman Bowen moved-that.the financial reports for the period December 1 through December 15'and December 16 through December 31, 196T, be -approved. Councilman Keiser seconded. Passed unanimously.. CORRESPONDENCE: 1. Notice from the Controller of the State of California'reE apportionment of 30% of;the Cigarette Tax Fund. 2. Notice of proposed tariff changes by Western Union Telegraph Co. 3. Notice from the Department of Parks and Recreation of hearing on the establishment of rules and regulations for the disbursement of Federal funds to state agencies and local jurisdiction under the provisions of the Federal Land & Water Conservation Fund Act of 1965. 4. Copy of the Agenda of the meeting of the Fish & Game Commission held January 5. 5. Letter and Christmas card from Mrs. Mary Woolman. 6. Copy of the Agenda of the regular meeting of the.Harbors and Watercraft Commission meeting to be held January 15. 7. Copy of the minutes of the meeting of the Harbors and Watercraft.. Commission held November 27, 1967. 8. Notification from the State Controller re: disbursement of Highway Tax Fund. 9. Memo to city.officials from the County,Planning Department re: Monterey County Planning Council Annual Conference to be held in Asilomar on February 3.' 10. Memo from the California Disaster Office re: Federal -assistance in case of natural disaster. 11. Copy of a letter from Congressman Burt Talcott re: Section 801 of House Resolution 12142 relative to reducing the cost in house construction and requesting an opinion. 12. Copy of the Motor Vehicle License Fee Fund for the period June 1, 1967 through November 30, 1967. MOTION: Councilman Keiser moved that the correspondence be filed. Councilman Bowen seconded. Passed unanimously. Mr. Joe Giannini asked for a report on the pending litigation from the City Attorney. Mr. Kardel reviewed for Mr. Giannini and those present what has transpired in the Thomas, et al. suit -and the pending May Pipkin, et al. suit. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January'9, 1968 Page Ten ADJOURNMENT: MOTION: Councilman Keiser moved that this meeting be adjourned to an executive session. Councilman Bowen seconded. Passed unanimously., Meeting adjourned at 10:52 P.M. RECORDED BY.: C. TED WHITE, City Clerk By Daisy M. Schacht, Deputy City Clerk