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HomeMy WebLinkAboutJanuary to December 1966CITY OF MORRO BAY AGENDA - City Council Meeting December 27, 1966 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MTMTTTF.0 1. Regular meeting of December 13, 1966. HEARINGS, APPEARANCES & REPORTS A-1 Appearance of Morro Bay Taxpayers Association re: Ordinance No. 54, Park and Recreation Commission. UNFINISHED BUSINESS B-1 Ordinance No. 54, Park and Recreation Commission (2nd reading) B-2 Ordinance No. 53, Amending Zoning Map, Portions of Block 121 and 13J, all of Blocks 16A, 16B, 16E, 16F, 16G and 16H, Atascadero Beach Subdivision (Tract 357). (2nd reading) B-3 Lease to Green -West Acres, Lease Site 300. B-4 Lease to Central Coast Investors, Lease Sites 200 and 201. B-5 Resolution approving use permit to Virg Moores, Lease Site 113 W. B-6 Request for funds from County Economic Development Committee. NEW BUSINESS C-1 Resolution accepting deed of property from San Luis Coastal Unified School District for street purposes. C-2 Resolution approving agreement for maintenance of State Highway. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Administrator a. Financial Report D-2 City Attorney D-3 City Council ADJOURNMENT Calendar 1. City Council Meetings: January 10 and 24, 1967. 2. Planning Commission Meetings: January 3 and 17, 1967. ADDENDA TO THE AGENDA B-7 Ordinance No. 56, Ordinance Prohibiting Gambling D-1 City Administrator b. Resolution Approving Low Bid for the Purchase of Liquid Chlorine MINUTES - Morro Bay City Council Regular Meeting December 27, 1966 7:30 P.M. Morro Bay Recreation Hall Meeting was called to order at 7:43 P.M. with the Pledge of Allegiance. Mayor Surfluh gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh ABSENT: Councilman Bowen MINUTES: Minutes of the regular meeting of December 13, 1966,',were'considered. MOTION: Councilman Bickford moved to dispense with the reading of the minutes and approve them as written. Councilman Keiser seconded. Passed unanimously. HEARINGS, APPEARANCES AND REPORTS: A-1 Appearance of Morro Bay Taxpayers' Association re: Ordinance No. 54, Park and Recreation Commission Mr. white read a letter received.from the Morro Bay Taxpayers' Association requesting that they be placed on the agenda for tonight's meeting. Mr. Clarence Bringle, representing the Taxpayers' Association, read a letter addressed to the City Council regarding their opposition to the formation of a Park and Recreation Commission. Copies of said letter were distributed to each member of the City Council. A lengthy discussion ensued and several members of the audience spoke in favor of the Commission. Mr. Ron Boone reviewed the activities and participation of students and adults during the summer recreation program. Further discussion held among members.of the Council and members of the audience. Mayor Surfluh indicated that further action on the Park and Recreation Commission Ordinance would be taken up under the next item of business on the agenda. UNFINISHED BUSINESS: B-1 ORDINANCE NO. 54. AN ORDINANCE OF THE CITY OF MORRO BAY CREATING AND ADOPTING PART I TO CHAPTER VI OF TITLE II OF THE MORRO BAY MUNICIPAL CODE ENTITLED PARK'AND RECREATION COMMISSION (2nd reading) MOTION: Councilman Keiser moved. that we proceed with the. second reading of Ordinance No. 54. Councilman Bickford seconded. MINUTES - City Council Meeting December 27, 1966 Page Two Discussion held among members of.the Council regarding this ordinance. Roll call vote: passed unanimously. Ordinance No. 54 was read in its entirety by the City Administrator. MOTION: Councilman Keiser moved for the adoption of Ordinance No. 54. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Keiser and Mayor Surfluh NOES: Councilman Mallery Motion passed 4nanimeBslp- RECESS: 8:59 P.M. RECONVENED: 9:11 P.M.- B-2 ORDINANCE NO. 53. AN ORDINANCE AMENDING THE TEMPORARY INTERIM ZONING MAP OF THE CITY OF MORRO BAY (Portions of Blocks 12J and 13J, all of Blocks 16A, 16B, 16E, 16F, 16G and 16H, Atascadero Beach Subdivision, Tract 357) (2nd reading) MOTION: Councilman Mallery moved that the second reading,of . Ordinance No. 53 be by title only. Councilman• Bickford seconded. Roll call vote: unanimously passed.' Ordinance No. 53 was read by, title only. MOTION: Councilman Mallery moved for the'adoption of Ordinance No. 53. Councilman Bickford seconded. Roll call vote: unanimously passed. B-3 Green -West Acres, Lease Site 300 Mr. Phelan, City Attorney, reviewed the chronology of events up to the present time regarding the request of Green -West Acres for deferment of their rent on Lease Site 300. It was the suggestion of the City Attorney that the Council deny the request of Green -West Acres for further cancellation of its rent obligation; that we do so without making any election with respect to rights under the lease or without waiving any of the rights of the City as successor in trust to the County under the lease; and also without any waiver on the part of Green -West Acres as to their rights under the lease. Mr. White read Resolution No. 141-66, RESOLUTION DENYING GREEN -WEST ACRES, INC. REQUEST FOR FURTHER CANCELLATION OF RENT, in its entirety. Corrected by Minute Order - City Council Meeting'- January 10, 1967 MINUTES - City Council Meeting December 27, 1966 Page Three MOTION: Councilman Bickford'moved that Resolution No. 141-66 be adopted. Councilman Keiser seconded. Roll call vote: unanimously passed. Mr. Phelan requested that the City Attorney's office be authorized to advise Green -West Acres that they have 30 days within which to respond to this action by the Council. MOTION: Councilman Bickford moved that we authorize our City Attorney to contact Green -West Acres, explain our actions and allow them 30 days to respond to this resolution. Mayor Surfluh seconded. Unanimously passed. B-4 Lease to Central Coast Investors, Lease Sites 200.&'201 Councilman Mallery reported to the Council that he had contacted three savings & loan institutions in the County to ascertain what require- ments would have to be met to obtain a loan such as Central Coast Investors would need. He stated that the concensus'of 'opinion was that this money could not be made available to Central Coast Investors due to the economic situation as it exists at the present time. He further stated that Dr. G: Warren Johnson had contacted him prior to this evening's meeting, stating that Central Coast Investors can- not comply with the lease. The installation of public improvements and the 25 year term of lease are unacceptable and they are therefore no longer interested in the lease and are withdrawing from it. After a.discussion, it was determined that Central,Coast Investors should notify the City Council,,in writing„ of their desire to with- draw from the lease. Mr. Phelan suggested that the information which, Mr. Mallery related should be recorded in the minutes. Further discussion held among.members of the Council'and-audience regarding this matter. Mr. Phelan suggested that the Council be notified,.in writing, of the exact position of Central Coast Investors; and to indicate to them that it is our understanding that they no longer wish to proceed with - the development and would they please set forth what their intentions are with respect to the lease, whether they are abandoning their interest in the lease or not. Mr. Phelan further statedthat before taking any official action accepting the surrender of the leased premises,.we should study this carefully and review the situation with Central Coast Investors. Further discussion held. MOTION: Councilman Mallery moved that this matter be deferred. until January -10, 1967. Mayor Surfluh seconded. Passed unanimously. MINUTES - City Council Meeting December 27, 1966 Page Four B-5 RESOLUTION NO. 142-66. RESOLUTION APPROVING GRANT OF USE PERMIT TO L. VIRGIL MOORES Mr. White read Resolution No. 142-66 in its entirety. MOTION: Councilman Bickford moved that Resolution No. 142-66 be adopted. Councilman Mallery seconded. Roll call vote: passed unanimously. B-6 Request for funds from County Economic Development Committee. Mr. White read a letter received from the San Luis Obispo County Economic Development Committee requesting the funds budgeted by the City of Morro Bay in the amount of $3,000.00. Mr. White stated this was in conformance with the City's request that all other cities in the County participate. MOTION: Councilman Mallery moved that the budgeted $3,000.00 be sent to Mr. Daryl Flood, % Mid -State Bank in Arroyo Grande, as requested in the letter from Mr. Howard Newby, Chairman. Councilman Bickford seconded. Roll call vote: unanimously passed. B-7 ORDINANCE NO. 56. ORDINANCE OF THE CITY OF MORRO BAY CREATING CHAPTER VI OF TITLE XI OF THE MORRO BAY MUNICIPAL CODE, PROHIBITING GAMLING (2nd reading) Discussion was held among members of the Council and audience re- garding the adoption of this proposed ordinance. MOTION: Councilman Mallery moved that this ordinance be read by title only. Councilman Bickford seconded. Passed unanimously. Ordinance No. 56 was read by title only. MOTION: Councilman Mallery moved for a vote on Ordinance No. 56. Mayor Surfluh seconded. Roll call vote: AYES: None NOES: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh Ordinance No. 56 failed to pass. Discussion held among members of the Council and the City Attorney regarding an alternate method of restricting card rooms. City Administrator read Ordinance No. 57, which would amend the Business License Ordinance and make card rooms illegal within the City of Morro Bay. MINUTES - City Council Meeting December 27, 1966 Page Five ORDINANCE NO. 57. AN ORDINANCE CREATING AND ADDING SECTION 3 33 TO CHAPTER III TITLE VI OF THE MORRO BAY MUNICIPAL CODE ENTITLED "CARD ROOMS" Mr. White read Ordinance No. 57 in its entirety. MOTION: Councilman Keiser moved that this constitute the first reading of Ordinance No. 57. Councilman Bickford seconded. Roll call vote: unanimously passed.' Second reading to be January 10, 1967. NEW BUSINESS: C-1 RESOLUTION NO. 143-66.' RESOLUTION ACCEPTINGDEED FROM SAN LUIS COASTAL UNIFIED SCHOOL,DISTRICT OF PROPERTY TO BE USED FOR STREET PURPOSES Resolution No. 143-66 was read in its entirety by City Administrator. MOTION: Councilman Bickford moved that Resolution.,No. 143-66 be adopted. Councilman Keiser seconded. Roll call vote: passed unanimously. C-2 RESOLUTION NO. 144-66. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY OF MORRO BAY Mr. White read a letter received from Mr. Datel'of the Division of Highways regarding this matter, and reviewed the maintenance agree- ment for the benefit of the Council and those present. Resolution No. 144-66 was readiin"its entirety,.. MOTION: Councilman Bickford moved for the adoption of Resolution No. 144-66. Councilman Keiser seconded. Roll call vote: unanimously passed.' INDIVIDUAL DETERMINATION AND/OR ACTION: D-la Financial Report City Administrator presented the Expenditure Report for the period December 1 through December 15, 1966, Check numbers 3812 to 3939, to the Council for their consideration. Councilman Mallery raised questions regarding the AID contribution, air compressor, Mr. Kardel's fee in the amount of $6,916.48, and David Ingram's fee in the amount of $323.50. Lengthy discussion ensued between members of the Council; Joe Giannini and City Attorney regarding Mr.Kardel's monthly billing process. MINUTES - City Council Meeting December 27, 1966 Page Six MOTION: Councilman Keiser moved that the'Expenditure Report be approved. Councilman Bickford seconded. Passed unanimously. D-lb RESOLUTION NO. 145-66. RESOLUTION APPROVING LOW BID FOR THE PURCHASE OF LIQUID CHLORINE Mr. White reviewed the bid for liquid chlorine and read Resolution No. 145-66 in its entirety. MOTION: Councilman Keiser moved that Resolution No.•145-66 be adopted. ,Councilman Bickford seconded. Roll call vote: unanimously passed. CORRESPONDENCE: 1. Letter dated 12/20/66 from Rotary Club No. 7501 re: study of the need for an auditorium and community hall. 2. Letter from Economic Opportunity Office dated 12/16/66 re: representation of the City in the Economic Opportunity Commission. Discussion held. MOTION: Mayor Surfluh moved that this matter be deferred until the subject could be discussed further. Councilman Bickford seconded. Unanimously passed. 3. Brochure from University of Southern California re: Civil Defense Training Program, 7/1/66 thru 6/30/67. 4. Copy of letter from Department of Water Resources enclosing copy of "Notice of Proposed Adoption of Regulations by the Department of Water Resources and the Reclamation Board, State of California". 5. Letter from Pacific Telephone re: change of telephone number effective in April, 1967. 6. Letter from Pacific Gas & Electric Company expressing appreciation for City's support of the atomic generating station at Diablo Canyon. 7. Letter & brochure on Local Agency Formation Commissions from Philip G. Simpson 8. Letter from Lyle F. Carpenter dated December 13, 1966, re: "Muriel Porter Night". ' MOTION: Councilman Mallery moved that a resolution be pre= pared for Council action. Councilman Bickford' seconded. Unanimously passed. MINUTES - City Council Meeting December 27, 1966 Page Seven 10. Letter from the Department of Water Resources enclosing publication "The State Water Project is Unifying California". 11. Letter and copies of four draft bills re: Administration of Tideland and Submerged Land Trusts from the California Legislature, Joint Committee on Tidelands. 12. Notice of change in meeting date of the Harbors and Water- craft Commission to 1/23/67 in Blythe, California. 13. Copy of the minutes of the Harbors and Watercraft Commission meeting held November 21, 1966. MOTION: Councilman Mallery filed. Councilman passed. moved that the correspondence be Bickford seconded. Unanimously Councilman Mallery stated that he has been appointed to a committee on aviation in the League of California Cities and requested Council approval to attend any meetings required relative to this committee. MOTION: Councilman Keiser moved that approval be given to Councilman Mallery to attend the meetings of the League of California Cities special committee. Councilman Bickford seconded. Passed unanimously. ADJOURNMENT: MOTION: Councilman Keiser moved for adjournment Bickford seconded. Passed unanimously. Meeting adjourned at 11:20 P.M. RECORDED BY: C. TED WHITE, City Clerk Councilman CITY OF MORRO BAY AGENDA - City Council Meeting December 13, 1966 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of.Allegiance Invocation Roll Call MINUTES 1. Regular Meeting of November 22, 1966. 2. Special Meeting of December 5, 1966. 3. Adjourned Special Meeting of December 5, 1966. 4. Adjourned Special Meeting of December 6, 1966. 5. Special Meeting of December 6, 1966. HEARINGS, APPEARANCES & REPORTS A-1 Public Hearing on rezoning of portions of Blocks 121 and 13J, and all of Blocks 16A, 16B, 16E, 16F, 16G and 16H, Atascadero. Beach Subdivision (Tract 357) UNFINISHED BUSINESS B-1 Resolution re: Notice of Completion, Improvement District No. 2. B-2 Resolution re: Notice of Completion, furnishing and installing sewage meters. B-3 Request authorization for payment to City of Upland for successful bid on used truck. NEW BUSINESS C-1 Ordinance No. 52, Ordinance Extending Interim Zoning Ordinance and Map. C-2 Ordinance No. 53, Ordinance Amending Zoning -Map (Tract 357). C-3 Ordinance Creating Park and Recreation Commission. C-4 Ordinance Providing for Licensing, Regulation and Operation of Ambulances. C-5 Ordinance Prohibiting Gambling. C-6 Agreement for Audit Services. C-7 Request from Regal Sea Food Co. regarding Dock improvements. C-8 Request from Dept. of Water Resources for assistance in performing water investigation. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 CITY ADMINISTRATOR a. Financial report b. Treasurerb report D-2 City Attorney D-3 City Council CORRESPONDENCE ADJOURNMENT Calendar 1. City Council Meetings: December 27 and January 10, 1967. 2. Planning Commission Meetings: December 20, 1966 and January 3, 1967. 40 MINUTES - Morro Bay City Council Regular Meeting December 13, 1966 7:30 P.M. Morro Bay Recreation Hall Meeting was called to order at 7:37 P.M. invocation. ROLL CALL: Mayor Surfluh gave the PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None MINUTES: Minutes of the regular meeting of November 22, special meeting of December 5, adjourned meetings of December 5 and 6, and special meeting of December 6, 1966, were considered. MOTION: Mayor Surfluh moved to dispense with the reading of the minutes. Councilman Bickford seconded. Passed unanimously. Mayor Surfluh asked if there were any corrections to be made to any of said minutes. MOTION: Councilman Bickford moved that the minutes be approved as written. Councilman Bowen seconded. Motion carried. HEARINGS, APPEARANCES AND REPORTS: A-1 Public Hearing on rezoning of portions of Blocks 121 and 13J, and all of Blocks 16A, 16B, 16E, 16F, 16G and 16H, Atascadero Beach Subdivision (Tract No. 357) The City Administrator reviewed the recommendations of the Planning Commission for the benefit of the Council and those present. Mayor Surfluh declared the Public Hearing open at 7:42 P.M. and asked if anyone present wished to speak in favor of or in opposition to the rezoning. There being none, Mayor Surfluh declared the public hearing closed at 7:43 P.M. Mr. White then stated that the first reading of an ordinance changing the zoning would be taken up under Item C-2 of this meeting's agenda. UNFINISHED BUSINESS: B-1 RESOLUTION NO. 137-66. RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION OF IMPROVEMENTS IN IMPROVE- MENT DISTRICT NO. 2 MINUTES - Morro Bay City Council December 13, 1966 Page Two Mr. White read a letter from Garing, Taylor & Associates recommending acceptance of the work completed in Improvement District No. 2.. Resolution No. 137-66 was read in its entirety. MOTION: Councilman Bowen moved that Resolution No. 137-66 be adopted. Councilman Bickford seconded. Roll call vote: passed unanimously. B-2 RESOLUTION NO. 138-66. RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR FURNISHING AND INSTALLING SEWAGE METERS AT MORRO BAY AND CAYUCOS. Mr. White read Resolution No. 138-66 in its entirety. MOTION: Councilman Bickford moved that Resolution No. 138-66 be adopted. Councilman Bowen seconded. Roll call vote: passed unanimously. B-3 Request authorization for payment to City of Upland for successful bid on used truck. Mr. White requested authorization of the Council to transfer funds from the Unbudgeted Reserve for the purchase of the truck from the City of Upland. MOTION: Councilman Bowen moved that the issuance of .a check in the amount of $4,000 for the purchase of the Refuse Truck - 1963 CT-800 Dodge with front-end loading, 32 Cu. Yd. full pack body mounted,be granted. Councilman Bickford seconded. Discussion held relative to what purpose and where the truck would be used. Motion passed unanimously. NEW BUSINESS: C-1 ORDINANCE NO. 52. ORDINANCE EXTENDING INTERIM ZONING ORDINANCE AND MAP Mr. White stated this ordinance requires an extension of one year until the Planning Commission completes and adopts the final.Zoning Ordinance, and stated it would be in order to reinact the Temporary Interim Zoning Ordinance at this time. Ordinance No. 52 was read in its entirety. MINUTES - Morro Bay City Council December 13, 1966 Page Three MOTION: Councilman Bickford moved that Ordinance No. 52 be adopted as an urgency ordinance. Councilman Keiser seconded. Roll call vote: unanimously passed. C-2 ORDINANCE NO. 53. AN ORDINANCE AMENDING THE TEMPORARY ZONING MAP OF THE CITY OF MORRO BAY Mr. White read Ordinance No. 53 in its entirety. MOTION: Councilman Bowen moved that Ordinance No. 53 be adopted. Councilman Keiser seconded. Mr. White stated it would be in order to accept this as the first reading. Councilman Bowen withdrew his motion and Councilman Keiser withdrew her second. MOTION: Councilman Bowen moved that this be accepted as the first reading. Councilman Keiser seconded. Roll call vote:'unanimously passed. Second reading to be December 27, 1966. C-3 ORDINANCE NO. 54. AN ORDINANCE OF THE CITY OF MORRO BAY CREATING AND ADOPTING PART I TO CHAPTER VI OF TITLE II OF THE MORRO BAY MUNICIPAL CODE ENTITLED PARK AND RECREATION COMMISSION. Mr. White read Ordinance No. 54 in its entirety. MOTION: Councilman Keiser moved that this constitute the first reading of Ordinance No. 54. Councilman Bowen seconded. Roll call vote: passed unanimously. Second reading to be December 27, 1966. C-4 ORDINANCE NO. 55. AN ORDINANCE OF THE CITY OF MORRO BAY CREATING CHAPTER V TO TITLE XI OF THE MORRO BAY MUNICIPAL CODE PROVIDING FOR THE LICENSING, REGULATION AND OPERATION OF AMBULANCES. Ordinance No. 55 was read in its entirety. Discussion held among members of the Council regarding Item 1 of Section 11503. MOTION: Councilman Mallery moved that Item 1 in Section 11503 be eliminated and that the sections be renumbered accordingly. Councilman Keiser seconded. Passed unanimously. Further discussion held regarding various sections of this ordinance, and it was determined that a comma be placed after the word 'liquor' in Sections 11503, 11516 and 11518 to further clarify the meaning of said sections. 0 MINUTES - Morro Bay City Council December 13, 1966 Page Four MOTION: Councilman Keiser moved that this constitute the first and final reading of Ordinance No. 55 as amended, and that it be adopted as an urgency ordinance. Councilman Bickford seconded. Roll call vote: unanimously passed. C-5 ORDINANCE NO. 56. AN ORDINANCE OF THE CITY OF MORRO BAY CREATING CHAPTER VI OF TITLE XI OF THE MORRO BAY MUNICIPAL CODE PROHIBITING GAMBLING. Mr. White read Ordinance No. 56 in its entirety. Lengthy discussion held among members of the Council and audience regarding the enforcement of this ordinance. MOTION: Councilman Mallery moved that this be considered as the first reading of Ordinance No.56. Councilman Bowen seconded. Roll call vote: passed unanimously. Second reading to be December 27, 1966. C-6 Agreement for Audit Services Mr. White reviewed the proposed agreement by and between Milton E. Willeford and the City of Morro Bay for a continuous audit for the benefit of the Council and those present. Discussion held regarding the possibility of obtaining the services of another auditor as City Auditor. RESOLUTION NO. 139-66. RESOLUTION APPROVING AGREEMENT FOR ANNUAL AUDIT FOR THE FISCAL YEAR ENDING JUNE 30, 1967. Mr. White read Resolution No. 139-66 in its entirety. MOTION: Councilman Keiser moved that Resolution No. 139-66 be adopted. Councilman Bowen seconded. Roll call vote: passed unanimously. Mrs. Keiser suggested that Mr. Willeford be contacted and requested to make a presentation regarding auditing City records at a regular Council meeting. C=7 Request from Regal Seafood Company re: Dock improvements Mr. White reviewed the request of Regal Seafood Company to construct dock improvements on their lease site. The City Attorney, Michael Phelan, reviewed the Amended Use Permit Agreement to be submitted to Regal Seafood Company for their approval and signature. MINUTES - Morro Bay City Council December 13, 1966 Page Five Discussion held regarding the term and renewal of the Use Permit. RESOLUTION NO. 140-66. RESOLUTION APPROVING AMENDMENT OF USE PERMIT AGREEMENT TO REGAL SEAFOOD COMPANY FOR THE INSTALLATION OF DOCK IMPROVEMENTS. Mr. White read Resolution No. 140-66 in its entirety. MOTION: Councilman Mallery moved that Resolution No. 140-66 be adopted. Councilman Bickford seconded. Roll call vote: unanimously passed. C-S Request from Department of Water Resources for assistance in performing water investigation. Mr. White reviewed the request of Mr. Cohen of the Department of Water Resources regarding an investigation of the Morro Bay-Cayucos area relative to the reclaiming of wastewater. It was requested that the Council authorize the City to purchase a used refrigerator at a cost of approximately $100 for Mr. Cohen's use during this investigation. Mr. White stated there'are funds available in the water department account which could be used for this purpose. MOTION: Councilman Bickford moved that this authorization be granted for the purchase of the used refriger- ator. Councilman Bowen seconded. Passed unanimously. INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Administrator Mr. White presented the Expenditure Report for the period November 16 through November 30, 1966, and the Treasurer's Report for the period July 1 through November 30, 1966, for the Council's consideration. MOTION: Councilman Bickford moved that the Expenditure Report for the period November 16 through November 30, 1966, be approved. Councilman Keiser seconded. Passed unanimously. No Council action necessary on the Treasurer's Report. Councilman Mallery questioned the payment to City Attorney in the amount of $57,500. It was determined that $16,000 was for the appraisal work done in the Harbor area. He also asked if there was a Minute Order to transfer these funds. Mr. White answered in the affirmative and indicated that copies of the appropriate voucher would be made available to him. MINUTES - Morro Bay City Council December 13, 1966 Page Six D-2a City Attorney Mr. Phelan stated that the meeting with representatives of Green - West Acres was postponed until December 14, 1966, and requested that this matter be deferred until December 27, 1966. MOTION: Councilman Bickford moved that the matter regarding Green -West Acres be deferred until December 27, 1966. Councilman Bowen seconded. Passed unanimously. D-2b Re: Abandoned Vessel 'Sea Me' Mr. Phelan stated that numerous cities have been contacted to ascertain if they have had similar problems and what would be the best course of action to take in disposing of this vessel. He suggested that this matter be deferred until a more complete report can be prepared. D-3a City Council Councilman Mallery and Councilman Bickford gave a brief report on the meeting with representatives of Central Coast Investors, and stated they are awaiting the documents to be presented by Central Coast Investors. No action will be taken until these documents are received and studied. D-3b Councilman Mallery asked for a report on the trip made by Mr. Kardel, Mr. White and Mayor Surfluh to Los Angeles to meet with Jay Shavelson of the Attorney General's Office and Frank Hortig, Executive Officer of the State Lands Commission, regarding the agree- ment between the City and the State as set forth in Paragraph 2 of the Stipulation and Agreement agreed to by the City and County on December 6, 1966. Said report was given and discussion held among members of the Council and audience regarding the disposition of the properties transferred to the City by the County. D-3c Councilman Keiser asked that a letter of appreciation be written to Mr. Elston L. Kidwell relative to his efforts in the City - County litigation settlement. MOTION: Councilman Keiser moved that the City Administrator write a letter of appreciation to Mr. Kidwell for his efforts in the City -County litigation settlement. Councilman Bickford seconded. Motion carried. Councilman Mallery abstained. CORRESPONDENCE: Mr. White stated they have received information that the installation of lights by P. G. & E. in the vicinity of Pecho, Tulare and Arcadia will be taken care of as soon as possible. MINUTES - Morro Bay City Council December 13, 1966 Page Seven 1. Letter from Department of Public Health enclosing a water permit for the City. 2. Copy of the minutes of the Harbors and Watercraft Commission meeting held October 17, 1966. 3. Notice from San Luis Coastal Unified School District re: Board of Education of San Luis Coastal Unified School District con- veying to the City of Morro Bay for public street purposes all that portion of Beach Street (formerly 8th St.) adjacent to Morro Elementary School, and a small parcel immediately south of the Morro Del Mar'Elementary School. A public meeting to be held on December 20 at 8:00 P.M. 4. Letter from Department of Public Health enclosing a certificate of completion of a training course for Wastewater Treatment Plant Operators attended by Robert C. Conn. 5. Minutes of the San Luis Obispo County Water Resources Advisory Committee held December 6. 6. Copy of the final report to San Luis Obispo County Economic Development Association from Lewis M. Holland Associates of Los Altos. 7. Letter from H. S. Pippin re: sale of property on Dunes Street to the City. No Council action taken. MOTION: Councilman Bickford moved that the correspondence be filed. Councilman Bowen seconded. Passed unanimously. ADJOURNMENT: MOTION: Councilman Keiser moved that the meeting be adjourned. Councilman Bowen seconded. Councilman Bickford requested that this meeting be adjourned to an executive session immediately following this meeting. Motion and second withdrawn. MOTION: Councilman Keiser moved to adjourn to executive session. Councilman Bowen seconded. Unanimously passed. Meeting adjourned at 10:30 P.M. RECORDED BY: C. TED WHITE, City Clerk • 4 MINUTES - Morro Bay City Council Adjourned Executive Session December 13, 1966 10:30 P.M. Morro Bay Recreation Hall This meeting was adjourned from the regular meeting held this date and was called by a motion duly made, seconded and passed by the City Council prior to adjournment of said regular meeting. PRESENT: Councilman Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None The purpose of this meeting was to discuss pending litigation in- volving the lawsuit entitled "Giannini vs. Surfluh, et al.". Discussion held relative to events of the past few days relative to this lawsuit and any possible settlement of said suit. After discussion, the following motion was made: MOTION: Councilman Bickford moved that the City Council instruct the City Attorneys to proceed with actions to recover costs in the Giannini vs. Surfluh, et al., lawsuit. Seconded by Council- man Bowen. Passed unanimously. MOTION: Mayor Surfluh moved that this meeting be adjourned. Councilman Bowen seconded. Passed unanimously. Meeting adjourned at 10:47 P.M. RECORDED BY: 0 �1,0 C. TED WHITE, City ClerR MINUTES - Morro Bay City Council Adjourned Special Meeting December 6, 1966 10:00 A.M. Supervisor's Chambers Courthouse San Luis Obispo, California Chairman of the Board of Supervisors, Fred C. Kimball, called the Supervisors meeting to order at 10:09 A.M. Roll call: All Supervisors present. Mayor Surfluh called the City Council to order at 10:10 A.M. ROLL CALL: PRESENT: Councilmen Bickford, Bowen, Keiser and Mayor Surfluh ABSENT: Councilman Mallery Mayor Surfluh presented the County with City of Morro Bay Resolution No. 136-66 and the referenced Stipulation and Agreement for their possible action. Chairman Kimball presented the County's Stipulation and Agreement and read it in full. By mutual agreement, it was decided to use the City's version of the Stipulation and Agreement accompanying Resolution No. 136-66, as they were almost identical in content. Chairman Kimball then read County Resolution No. 562-66 entitled "Resolution Approving Stipulation and Agreement with the City of Morro Bay and Authorizing Chairman to Execute Same." MOTION: Supervisor Gates moved that Resolution No. 562-66 be adopted. Seconded by Supervisor Borradori. Roll call vote: unanimously passed. Chairman Fred Kimball signed seven copies of the Stipulation and Agree- ment that were executed by Mayor Surfluh on December 5 for transmittal to the State. By mutual consent, it was determined that the City would transmit the aforementioned documents to the appropriate State officials. Senator Sturgeon was in attendance in the audience and addressed the Chair stating that the State would accept the provisions of the Stipulation and Agreement and that, in his opinion, the Agreement between the City and the County should be finalized with'no difficulty. Chairman Kimball and Mayor Surfluh both made statements relating to their satisfaction with the final settlement of the litigation between the City and the County. Chairman Kimball entertained a motion to adjourn, which was duly made and seconded. Mayor Surfluh entertained a motion to adjourn. MINUTES - Morro Bay City Council Adjourned Special Meeting December 6, 1966 Page Two MOTION: Councilman Bickford moved that this meeting be adjourned. Councilman Bowen seconded. Passed unanimously. Meeting adjourned at 10:34 A.M. RECORDED BY: C. TED WHITE, City Clerk NOTICE OF SPECIAL MEETING Under the provisions of Section 54956 of the Government Code of the State of California, NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of Morro Bay will be held on Tuesday, December 6, 1966, at 8:00 P.M. in the auditorium of the Morro Elementary School, Monterey Avenue and Beach Street, City of Morro Bay. This meeting to convene as a study session to consider the litigation now pending by and between the City of Morro Bay and the County of San Luis Obispo. DATED: November 28, 1966 0 �: - f C. TED WHITE, City Clerk City of Morro Bay, California (SEAL) • MINUTES - Morro Bay City Council Special Meeting December 6, 1966 8:00 P.M. Morro Elementary School Auditorium Morro Bay, California This meeting was called to order at 8:05 P.M. stated this was a duly noticed special meeting All members of the Council were present. ; by Mayor Surfluh who of the City Council. Mayor Surfluh commented on the settlement reached between the City and the County over the Harbor litigation, and asked the City Ad- ministrator to read the Stipulation and Agreement which has been signed by the City and the County. Mr. White read the Stipulation and Agreement in its entirety. On conclusion of this reading, Mayor Surfluh stated that due to the fact that the City Attorney had not.yet arrived at this meeting, he would declare a short recess and that questions would be answered on the Stipulation and Agreement after the recess. Meeting recessed at 8:12 P.M. and reconvened at 8:20 P.M.+. City Attorney arrived at approximately 8:15 P.M. Questions were asked by members of the audience relative to the Stipulation and Agreement and how it would affect existing leases. Other questions related to the validity of the existing leases, method of appraisal, amount of rents and deferment of rents payments. City Attorney answered these questions for the benefit of those present. A representative of the Morro Bay Yacht Club asked the City Attorney questions relative to the assignment and transfer of leases. Other questions related to the amount of the cash settlement received and how this settlement differed from the original settlement offer made by the County last year. City Attorney was asked to review the other litigation that the City was involved with, specifically the Thomas suit and the T.axpayer's suit. City Attorney first reviewed the Thomas suit. The claim of the plaintiffs was explained, as was the City's actions up to the present time. A member of the audience asked what the status was'of th'e Taxpayer's suit against the City. Mr. Giannini stated that they are negotiating towards a possible settlement of this law suit. The question was asked if there was any other litigation pending with the City. City Attorney stated that there is the Thomas suit, Tax - payer's suit, and what is referred to as the 'Kolb suit' which has been filed but not served and can be considered pending. MINUTES - Morro Bay City Council Special Meeting December 6, 1966 8:00 P.M. Page Two Mayor Surfluh asked if there were any other questions regarding the actions of the City Council in settling the litigation with the County or other matters concerning litigation, and if not he would entertain a motion to adjourn. MOTION: Councilman Bickford moved that this meeting be adjourned. Councilman Keiser seconded. Passed unanimously. Meeting adjourned at 9:30 P.M. RECORDED BY: C. TED WHITE, City Clerk NOTICE OF SPECIAL MEETING Under the provisions of-Section-54956-of the w - Government Code, NOTICE IS HEREBY GIVEN that.,a.-special meeting and executive session of the. City Council-of.'jthe City of Morro Bay will be held on December5, 1966-at 10:00 A.M. in the Morro Bay City Hall, .595 Harbor Street, Morro Bay, California, to transact business -pertaining to the pending litigation between the,'City.and.'the,County of, San Luis Obispo. Q.y C. TED WHITE,' City Clerk City.of Morro',Bay, California DATED: December 2,' 1966 MINUTES - City Council Meeting SPECIAL MEETING December 5, 1966 10:00 A.M. City Hall Conference Room Mayor Surfluh called the meeting to order at 10:02 A.M. ROLL CALL: PRESENT: Councilman Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None Also present: C. Ted White and Peter M. Kardel Mayor Surfluh asked if all of those present had received notice of this Special Meeting, and all councilmen present indicated that notice was received on Saturday, December 3, 1966. Subject of the special meeting was pending litigation by and between the City and County, therefore, Mayor Surfluh entertained a motion to adjourn to executive session. MOTION: Councilman Bickford moved to adjourn to executive session. Seconded by Councilman Bowen. Passed unanimously. Mayor Surfluh informed the Council of the findings of the Council committee consisting of himself and Councilman Bickford after their meeting with two members of the Board of Supervisors. A lengthy discussion followed relating to the aforementioned meeting. A resolution was presented to the Council for their consideration. Mayor Surfluh asked that it be read in its entirety. RESOLUTION NO. 135-66. RESOLUTION RESCINDING RESOLUTION NO. 129-66 AND DIRECTING A FIRM OFFER OF SETTLEMENT TO THE COUNTY OF SAN LUIS OBISPO REGARDING THE MORRO BAY HARBOR LITIGATION. MOTION: Councilman Bickford moved for the adoption of Resolution No. 135-66. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser & Mayor Surfluh NOES: None ABSTAINED: Councilman Mallery The aforementioned resolution and Stipulation and Agreement to be submitted to the Board of Supervisors on this date for their consider- ation and possible action. MINUTES - City Council Special Meeting December 5, 1966 10:00 A.M. Page Two MOTION: Councilman Bickford moved to adjourn from executive session to open session. Seconded by Councilman Keiser. Unanimously passed. MOTION: Councilman Bickford moved that this meeting be adjourned to 5:00 P.M., December 5, 1966, in the Conference Room at City Hall. Seconded by Councilman Keiser. Unanimously passed. Meeting adjourned at 12:15 P.M. RECORDED BY: 1/ C. TED WHITE, City Clerk • MINUTES - City Council Adjourned Special Meeting December 5, 1966 5:OO P.M. City Hall Conference Room Meeting was called to order by Mayor Surfluh at 5:15 P.M. He notified those present that this meeting was adjourned to this time and place from the Special Meeting, duly noticed, held at 10:00 A.M. on this date. Mayor Surfluh entertained a motion to adjourn to executive session to discuss pending litigation. MOTION: Councilman Bickford moved to adjourn to executive session to discuss litigation. Seconded by Councilman Keiser. Passed unanimously. Mayor Surfluh presented a resolution and a stipulation and agreement to the Council for their consideration for the purpose of possible settlement of the pending litigation by and between the City and the County. RESOLUTION NO. 136-66. RESOLUTION RESCINDING RESOLUTION NO. 135-66 AND DIRECTING A FIRM OFFER OF SETTLEMENT TO THE COUNTY OF SAN LUIS OBISPO REGARDING THE MORRO BAY HARBOR LITIGATION. Discussion held relating to the aforementioned resolution and the stipulation and agreement. MOTION: Councilman Keiser moved that Resolution No. 136-66 be adopted. Seconded by Councilman Bickford. Roll Call vote: AYES: Councilmen Bickford, Bowen, Keiser, and Mayor Surfluh NOES: None ABSTAIN: Councilman Mallery Discussion was held by members of the City Council regarding a joint meeting with the Board of Supervisors. Mayor Surfluh advised those present that the joint meeting would be held at 10:00 A.M. in the Supervisor's Chambers in San Luis Obispo on December 6. There being no further discussion relative to -the litigation, Mayor Surfluh entertained a motion to adjourn to open session. MOTION: Councilman Bowen moved that the executive session adjourn to open session. Councilman Bickford seconded. Passed unanimously. MINUTES - City Council Adjourned Special Meeting December 5, 1966 5:00 P.M. Page 2 MOTION: Councilman Mallery moved that this adjourned special meeting be adjourned to 10:00 A.M., December 6, in the Board of Supervisor's Conference Room in San Luis Obispo. Seconded by Councilman Bowen. Unanimously passed. Meeting adjourned at 6:00 P.M. RECORDED BY: 1, r:)o 2 /a� C. TED WHITE, City Clerk CITY OF MORRO BAY AGENDA - City Council Meeting November 22, 1966 - 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Special Meeting of October 21, 1966 2. Special.Meeting of Oct6ber.25, 1966 " 3. Regular Meeting of October..25, 1966 4. Special Meeting of November 11, 1966 HEARINGS, APPEARANCES A-1 Report of Planning Commission and recommendation regarding rezoning of_Tentative Tract No. 357, Morro'Sands Land Company. UNFINISHED BUSINESS' B-1 Request of Central Coast Investors.fo.-r extension of time to, sign lease agreement.-_ B-2 Resolution Authorizing Quitclaim for.,a Portion of Beach Street. B-3 Request for cancellation of rent from Green -West Acres/ B-4 Proposed sub -leasing policy.. B-5 Renewal of leases to'U.•S. Coast Guard. B-6 Bid results for harboi'radio'. NEW, BUSINESS C-l' Resolution Setting Date for Hearing on Change'of Zone from C-1 to R-1 on Blks. 12J, 13J, 16A, 16B, 16E, 16F, 16.G and 16H, Atascadero Beach Subdivision.. (Tentative Tract No. 357) C-2 Request authorization to bid on used dump truck. C-3 Park &'Recreation Commission Ordinance. C-4 Disposal of -abandoned property, Boat" "Sea ble". ' C-5 Ambulance Ordinance. C-6 Gambling Ordinance. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Administrator D-2 City Attorney D-3 City Council CORRESPONDENCE ADJOURNMENT Calendar 1. Council Meetings: December.13 and 27, 1966. 2. Planning Commission'Meetings: December 6 and 20, 1966. 11 MINUTES - City Council Meeting November 22, 1966 7:30 P.M. Morro Bay Recreation Hall Meeting was called to order at 7:35 p.m invocation. Mayor Surfluh gave the ROLL CALL: Present: Councilmen Bickford, Bowen, Keiser, Mallery and. Mayor Surfluh Absent: None MINUTES: Minutes of the special meetings of October 21 and 25, regular meeting of October 2S, adjourned meeting of October 27 and special meeting of November 11, 1966, were considered. MOTION: Mayor Surfluh moved to dispense with the reading of the minutes. Councilman Bickford seconded. Passed unanimously. Mayor Surfluh asked if there were any corrections to be made to any of said minutes. MOTION: Councilman Bickford moved that the minutes of October 21, 2S, 27 and November 11, 1966, be approved as written. Councilman Keiser seconded. Passed unanimously HEARINGS. APPEARANCES AND REPORTS: A=1 Report of Planning Commission and recommendation regarding rezoning•of Tentative Tract No. 357, Morro Sands Land Co. It -was recommended that this matter be deferred to.Item C-1 under 'New Business' on the agenda of this meeting. A=2 Litigation Report Mr. Kardel, City Attorney, reviewed in depth what has transpired in the negotiations_ with the. County up to the present time. Comments were made by members of the City Council concerning this litigation, after which the following motion was made: MOTION: Councilman Keiser moved that on December 1, 1966, we have an open meeting at the Morro Elementary School beginning at'8:00 P.M. and that our lawyers will review this entire case showing what work has been done and any ques- tions that wish to be asked will be answered. Councilman Bickford seconded. Unanimously passed. MINUTES - City Council Meeting November 22, 1966 Page Two Questions were directed to the Council by persons in attendance regarding the City -County litigation and the Giannini vs. Surfluh suit against.the City. Councilman Mallery stated he would like a Council determination at tonight's meeting regarding the fact that copies of privileged material are not made available to him to take home. After a discussion, it was determined that -this matter would be acted upon prior to adjournment of this meeting. MOTION: Councilman Keiser: I would move to approve all past, present and future actions in the litiga- tion of the Joe Giannini suit, No. 32546 in the Superior Court. Councilman Bowen seconded. Passed unanimously. A-3 Request of Morro Bay Yacht Club re: location for permanent location Mr. Ed Carnegie, representing the Morro Bay Yacht Club, ,requested that Resolution No. 84-66 allowing 90 days for locatinga permanent site for the Yacht Club be extended. Mayor Surfluh entertained a motion to extend the time within which to find a permanent location for the Yacht Club. MOTION: Councilman Bickford moved thatthe time limit on Resolution No. 84-66 be extended to the second Council meeting in January. Councilman Bowen seconded. Passed unanimously. UNFINISHED BUSINESS: B-1 Request of Central Coast Investors for extension of time to sign lease agreement. Mr.- White read the request of Central Coast Investors to extend the time within which to sign the lease agreement. Mr. Kendall Jenkins presented a letter to -Mr. White at this time dated November 22, 1966, which Mr. White read in its entirety. Mr. Phelan; City Attorney, reviewed previous actions taken in this matter, and the request of Central Coast Investors for an extension of time. j Discussion held among members of the Council, City Attorney and Jack Tabor, general partner in Central Coast Investors, regarding the appraisal period and.appraised value of Lease Sites 200 and 201. MOTION: Councilman Keiser moved to extend the time for another 30 days to look into this matter.' MINUTES - City Council Meeting November 22, 1966 Page Three Further discussion held among members of the Council, City Attorney and Jack Tabor regarding the terms of the proposed lease. Mr. Phelan suggested that the Council can take one of the following courses of action: 1. Renew the offer and put a time limit on it; 2. Renew the offer and include within the renewal terms that if it is not accepted within 30 days that it is deemed rejected and a notice to terminate the lease be served; 3. Take no action and shift the burden to Central Coast.Investors to make an offer; 4. If they wish to appraise this property or to con- tribute to an appraisal of this property, let them make that suggestion.. Mr. Phelan stated it is the.opinion of the City Attorney that there is no outstanding offer that can be extended. Councilman Keiser withdrew her motion. MOTION: Councilman Mallery moved that Central Coast ' Investors be given 30 days, we will resubmit the lease as it is written with the stipulation that the Mayor appoint a committee to meet with Mr. Tabor and someone else to specifically talk over these points and report back to the Council two weeks from tonight. Further discussion held regarding this matter and Mr. Phelan suggested that they renew the offer to enter into the lease amendment agreement as it has been submitted and if they have'any changes to make that they submit in writing their proposed changes. MOTION: Councilman Mallery amended his motion to include the suggestion of the City Attorney that Mr. ' Tabor submit a list of points that.he feels needs clarification, in writing, so that we may study them in their proper perspective, to both the City Attorney and the committee. Councilman Keiser seconded. Passed unanimously. Mayor Surfluh appointed Councilmen Bickford and Mallery to serve as, a committee to study this matter. Further comments were heard from Mr. Kardel, Bill Payne and Mr. Tabor regarding this matter. Mr. White brought to the attention of the Council that the Corps of. Engineers have scheduled a meeting regarding.the application of Belon Oysters ,IInc. for a permit to install oyster rafts in'Morro. MINUTES - City Council Meeting November 22, 1966 Page Five MOTION: Councilman Mallery moved that Resolution No. 131-66 be read by title only. Mayor Surfluh seconded. Roll call vote: passed unanimously._ Mr. White read Resolution No. 131-66 by title only. MOTION: Councilman Bickford moved that Resolution No. 131-66 be adopted. Councilman Keiser'seconded Roll call vote: passed unanimously. RECESS 10:00 P.M. RECONVENED: 10:OS P.M. Renewal of leases to U. S. Coast Guard RESOLUTION NO. 132-66. Resolution authorizing the Mayor to execute leases with the U. S. Coast Guard. MOTION: Councilman Mallery moved that Resolution No. 132-66 be read by title only. Motion died for. lack of a second. Mr. White read Resolution No. 132-66 in its entirety. MOTION: Councilman Bickford moved that Resolution No. 132-66 be adopted. Councilman Keiser seconded. Roll call vote: passed unanimously. B-6 Bid results for Harbor Radio Mr: White stated only one bid was rece"ived fo.r the Harbor.radio,. that being from Marine Supply and Equipment',"Morro Bay.. Dis- cussion held regarding the best type of rad:io.for this'area. MOTION: Councilman Keiser moved that we purchase Kaar TR-222A Base Radio at a unit cost of approximately $930.00. .Councilman Bowen seconded. Passed unanimously.. MOTION: Councilman Bickford moved to transfer the afore- mentioned amount from the Unbudgeted•Reserve for the purchase of this radio. Mayor Surfluh seconded. Unanimously passed. NEW BUSINESS: A-1 Report of Planning Commission and recommendation regarding . rezoning of Tentative Tract No._357, Morro Sands Land Co. Mr. White reviewed the report of the Planning Commission and stated it was their recommendation to the City Council that this rezoning be granted. MINUTES - City Council Meeting November 22, 1966 Page Four Bay Harbor to be held December 1st, and suggested that another date be set for the public hearing. After a brief discussion, it was agreed that the meeting date be changed to December 5 at 8:00 P.M., subject to confirmation of use of the school auditorium. B-2 Resolution authorizing quitclaim for a portion of Beach Street. Mr. Phelan reviewed.the actions taken previously regarding this matter and stated it would be in order to transfer the property to Mr. Lyles by quitclaim deed. RESOLUTION NO. 130-66. Resolution Authorizing Execution of Quitclaim Deed to a Portion of Beach Street (formerly Eighth Street) Resolution No. 130-66 was read in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 130766. Councilman Bowen seconded. Roll call vote: passed unanimously. B-3 Request for cancellation of rent from Green -West Acres Mr. Phelan reviewed what has transpired in this matter since the death of Mr. Houser, the attorney for Green -West Acres, and recommended that this matter be deferred until December 13 so that the City Attorney and the attorney for Green -West Acres can meet to discuss this matter. ' MOTION: Councilman Bickford moved to defer this matter until December 13 and a committee be appointed to meet with the respective attorneys. Council- man Keiser seconded. Passed unanimously. Mayor Surfluh appointed Councilman Keiser to act'as Council repre- sentative. B-4 Proposed Sub -Leasing Policy Mr. Phelan summarized the proposed sub-leasing•policy for the benefit of the Council and those present. RESOLUTION NO. 131-66. RESOLUTION ESTABLISHING POLICY FOR AND PROCEDURE TO OBTAIN APPROVAL OF SUBLEASES AND ASSIGNMENTS OF LEASES MINUTES - City Council Meeting November 22, 1966 Page Six C-1 Resolution setting date for hearing on change of zoning from C-1 to R-1 on Blks 12J, 13J,'16A, 16B, 16E, 16F, 16G and 16H, Atascadero Beach Subdivision (Tentative Tract No. 357) MOTION: Councilman Bickford moved that the next regular Council meeting be set as a public hearing date for consideration of this ordinance. Councilman Bowen seconded. Unanimously passed. RESOLUTION NO. 133-66. RESOLUTION REGARDING RECOMMENDED CHANGE OF ZONING AND SETTING DATE FOR HEARING (Blks 12J, 13J, 16A, 16B, 16E, 16F, 16G and 16H, Atascadero Beach Subdivision) MOTION: Mayor Surfluh moved that Resolution No. 133-66 be read by title only. Councilman Bickford seconded. Roll call vote: unanimously passed. Resolution No. 133-66 was read by title only. MOTION: Councilman Keiser moved for the adoption of Resolution No. 133-66. Councilman Bowen seconded. Roll call vote: passed unanimously. CC=2 Request authorization to bid on used dump truck Mr. White reviewed the request for authorization to bid on a used dump truck from the City of Upland and presented pictures of said truck to the Council for their review. It was requested that the City be authorized to bid on the unit from Upland in the amount of $4,000, the amount budgeted for a used dump truck. He further requested that if this bid is not successful, that the City be authorized to bid on a unit from Santa Maria for the same price. Discussion held regarding the type of unit to be purchased and the need for this type of truck. MOTION: Councilman Bickford moved to authorize the City Administrator to proceed with the bid on the unit from Upland, and if unsuccessful that they be allowed to bid on the unit from Santa Maria, if this truck meets the requirements when in- spected, for the budgeted amount of $4,000. Mayor Surfluh seconded. Passed unanimously. C-3 Park and Recreation Commission Ordinance It;was suggested that this ordinance be deferred so that the Council could study it in detail. MINUTES - City Council Meeting November 22, 1966 Page Seven MOTION: Mayor Surfluh moved to defer any action on this until the meeting of December 13. Councilman Bickford seconded. Passed unanimously. C-4 Disposal of abandoned property, Vessel "Sea Me" Mr. Phelan reviewed the condition of this vessel, the work of the Harbor Department to keep it from becoming a hazard to safety and traffic,and the maritime liens against this vessel. He stated it is the recommendation of the City Attorney that the Council proceed by ordinance to declare this as an abandoned vessel and to authorize its sale by inviting sealed public bids. He further stated that if no bids are received, the Council is authorized to dispose of the vessel. Discussion held among members of the Council and interested parties in the audience regarding possible liability of the City for any liens against the vessel if this vessel is sold or destroyed. ORDINANCE NO. 51. ORDINANCE ORDERING SALE OF ABANDONED S PURSUANT TO SECTION 522 OF THE HARBORS AND NAVIGATION CODE, AND NOTICE OF INVITATION OF BIDS Mr. Phelan read Ordinance No. 51 in its entirety for the first reading. MOTION: Councilman Bickford moved that we accept this as the first reading of Ordinance No. 51. Councilman' Bowen seconded. Roll call vote: unanimously passed. Second reading of said ordinance subject to further study. C-5 Ambulance Ordinance Mr. White briefly reviewed the Ambulance Ordinance for the benefit of the Council and those present and recommended that this be deferred until December 13 so that the Council can study said ordinance. MOTION: Councilman Keiser moved for the deferment of two weeks of the Ambulance Ordinance. Councilman Bickford seconded. Passed unanimously. CC=6 Gambling Ordinance It was suggested that this ordinance be deferred until December 13 to further consider this ordinance, and that each Councilman con- tact Chief Holeman if there are any questions concerning said ordinance. INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 Financial Report The Financial Report for the period October 16 through October 31, Check Nos. 3573 through 3599; and November 1 through November 15, MINUTES - City Council Meeting November 22, 1966 Page Eight 1966, Check Nos. 3600 through 3744 were presented to the Council for their consideration. Councilman Mallery questioned the fees charged by Sturgis, Den-Dulk, Douglass and Anderson for legal services performed in'Improvement District No. 2. MOTION: Councilman Bickford moved for the approval of these two expenditure reports. Councilman Bowen seconded. Passed unanimously. DD=2 City Attorney Mr. Phelan reviewed a resolution from the City of Arroyo Grande re: the Bradley -Burns sales tax becoming uniform throughout the County. He recommended that this matter be studied further before any Council action is taken. D-3 City Council RESOLUTION NO. 134-66. RESOLUTION IN SUPPORT OF THE CONSTRUCTIONF A NUCLEAR POWERED ELECTRIC GENERATING PLANT AT DIABLO CANYON IN SAN LUIS OBISPO COUNTY BY THE PACIFIC GAS AND ELECTRIC COMPANY MOTION: Councilman Mallery moved for the adoption of Reso- lution No. 134-66. Councilman Bickford seconded. Roll call vote: unanimously passed. CORRESPONDENCE: 1. Notice of Public Hearing re: Belon Oysters, Inc. of California from U. S. Army Corps of Engineers. 2. Copy of a letter from Harriet M. Brown re: public transportation from Morro Bay to San Luis Obispo. 3. Copy of minutes of the S.L.O. County Water Resources Advisory Committee of October 4, 1966. 4. Copy of a letter from Central Coastal Regional Water Quality Control Board dated 10/26 re: Beneficial Uses of Coastal Waters, Point Arguello -Point Piedras Blancas. 5. Notice of meeting of the Harbors and Watercraft Commission to be held 11/21/66 in Petaluma. 6. Letter from Howard L. Eytcheson dated 11/6 thanking the City Council, Police Department, Fire Department and Harbor Depart- ment for their assistance during the Pacific Power Boat Race. MINUTES - City Council Meeting November 22, 1966 Page Nine 7. Copies of minutes of California Marine Affairs Conference meeting held 9/30/66 in San Francisco. 8. Letter from Division of Highways dated 11/10 re: Implementation of the Highway Beautification Act of 1965. 9. Letter from Pete Rothschild and Larry Smith, Racing Team, re: Pacific Power Boat Race. 10. Letter from Division of Beaches and Parks dated 11/16 re: Traffic control improvement at the intersection of Lower State Park Road and Baywood Road. 11. Copy of minutes of the Morro Bay Chamber of Commerce meeting held 11/7/66. 12. Invitation to attend special open house at the new quarters of S. L. 0. National Bank. 13. Letter thanking Mayor Surfluh for his participation at the Judges and Clerks Luncheon from the E1 Camino Dahlia Society. 14. Letter from S. L. 0. County Flood Control $ Water Conservation District re: Contract for operation of State Water Project Pumping Plants. MOTION: Mayor Surfluh moved to file the correspondence. Councilman Bickford seconded. Passed unanimously. OTHER BUSINESS: Councilman Mallery asked the Council to. -make a final determination regarding not being able to take copies of privileged material home. Lengthy discussion ensued. MOTION: Councilman Bowen moved that anything be released to the City Council members and if marked confidential that they abide by that. Councilman Keiser seconded. Passed unanimously. ADJOURNMENT: MOTION: Councilman Keiser moved for adjournment. Councilman Bickford seconded. Unanimously passed. Meeting adjourned at 12:05 A.M. RECORDED BY: C. TED WHITE, City Clerk NOTICE OF SPECIAL MEETING Under the provisions of Section 54956 of the Government Code, Notice is hereby given that a special meeting of the City Council of the City of Morro Bay will be held on November 11, 1966, at 10:00 A.M. in the Morro Bay City Hall, 595 Harbor Street, Morro Bay, California, to consider the following matters: 1. Award of contract for street maintenance, Select System Project No. 27 2. Pending litigation between the City and the County of San Luis Obispo 3. Personnel Matters 0, Da 2') � C. TED WHITE, City Clerk City of Morro Bay, California (SEAL) November 10, 1966 • ' CITY OF MORRO BAY • OFFICE MEMORANDUM Date Sud%ect MINUTES - City Council SPECIAL MEETING November 11, 1966 10:00 A.M. City Hall Conference Room Morro Ba California Meeting was called to order at 10:10 A.M. by Mayor Surfluh. He stated proper notice of this meeting ha& been given to'all members of the City Council•and to the news media requesting notice. ROLL CALL: Present: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh Absent-: None Also present: City Attorneys Peter M. Kardel and Michael V..McIntire. . First item of business to be considered by the Council related to Select System Project No. 27. Mr. White reviewed said project for the benefit of the Council. RESOLUTION NO. 128-66. RESOLUTION AWARDING CONTRACT, - FOR STREET MAINTENANCE.,' SELECT SYSTEM PROJECT NO. 27,.wa`s read in its entirety by Mr. White MOTION: Councilman Bickford moved that Resolution.No'. 128-66 be adopted. Councilman Keiser seconded.' Roll call. vote: passed unanimously. MOTION: At 10:14 A.M. Councilman Bickford moved that we adjourn to executive session: Councilman Bowena seconded. Passed unanimously_, Second item of business related to personnel matters. Mr. White presented each member of the'Council with.a copy of.the letter of resignation from Police Officer.Van;Ransler Morris. No Council action required. The next item of business considered was the selection of a.Planning Director.. After lengthy discussion, the following motion was made: MOTION: Mayor Surfluh moved that we. edntiriue.status quo with Mr. Rogoway and Mr. Litile,'and that we. do not hire a Planning Director at this,time. Councilman Bowen. -seconded. Further discussion held, after which Mayor Surfluh withdrew his motion and Councilman Bowen withdrew his second. . Discussion held regarding the hiring,of an assistant building in- spector: MINUTES - City Council Special Meeting November 11, 1966 Page Two MOTION: Councilman Bickford moved that_we, at this time, desist from hiring or interviewing the Planning Director, Mr. King, in Woodland, California. Councilman Bowen seconded. Motion carried. The next item to be considered by the Council related to the.pending litigation between the,City. and County of San Luis Obispo. Mayor Surfluh asked Mr. Mallery if he understood that the rules of procedure established at a previous meeting were still in effect regarding his conflict of interest., Mr. Mallery agreed to honor the rules previously established and that he would not participate in the discussion or vote on any matter relating to.said litigation. City Attorneys Peter,Kardel an& Michael McIntire reviewed the liti- gation and what has transpired towards settlement to this date. Discussion held in depth by members of the Council and City staff. MOTION: Mayor Surfluh moved that the settlement figure of $250,000.00;be inserted in the State recommended Stipulation and Agreement, and that it be for- warded to the Board of Supervisors. Councilman Bickford seconded. Further discussion_ held. Roll call vote: . AYES: Councilmen Bickford, Bowen, Keiser.& Mayor Surfluh NOES: None ABSTAINED: Councilman Mallery After discussion, it was determined that Paragraph 2 of the Stipu-' lation and Agreement would be omitted and the paragraphs subsequently renumbered. The City Attorney presented a resolution to the' Council for their consideration. 1. RESOLUTION NO. 129-66. RESOLUTION DIRECTING A FIRM OFFER OF SETTLEMENT TO THE COUNTY OF SAN LUIS OBISPO REGARDING MORRO BAY HARBOR LITIGATION. MOTION: Councilman Bickford moved that Resolution No. 129-66 be adopted. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser $ Mayor Surfluh, NOES: None ABSTAINED: Councilman Mallery Mayor Surfluh entertained a motion to adjourn. MOTION: Councilman Bickford moved that this meeting be ad- journed. Councilman Bowen seconded. Passed unanimously. Meeting adjourned at 2:11 P.M. RECORDED BY: n C. WHIlt , City Clerk 0 a PUBLIC NOTICE The regular meeting of the Morro Bay City Council scheduled for November 8, 1966, has been cancelled by City of Morro Bay Resolution No. 127-66. The next regular meeting of the City Council will be held on November 22, 1966, in the Morro Bay Recreation Hall, Shasta and Dunes Streets, at 7:30 P.M. 0 2�� C. TED WHITE, City Clerk City of Morro Bay, California (SEAL) MINUTES - City Council ADJOURNED MEETING October 27, 1966 1:00 P.M. City Hall Conference Room Mayor Surfluh called the meeting to order at 1:13 P.M. noting that this was an adjourned meeting from the regular meeting held on October 2Sth. ROLL CALL Preesent: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh Absent: None First item of business to be considered by the Council related to meeting dates in the month of November. City Attorney notified the Council of the procedures to follow if it is their desire to.cancel the regularly scheduled meeting. RESOLUTION NO. 127-66. RESOLUTION CANCELLING REGULAR CITY COUNCIL EETING Resolution No. 127-66 was read in its entirety. MOTION: Councilman Bowen moved that Resolution No.. 127-66 be adopted. Councilman Bickford seconded. Roll call vote: passed unanimously.' Second item of business related to a meeting to be held with Council- man Mallery and his attorney and the City Attorney .and a member of the City Council. Councilman Mallery suggested that Friday morning would be a convenient time for him and his attorney. After -further . discussion, it was determined that all parties to this proposed meeting could not meet on Friday, therefore,.Monday was suggested and agreed upon. Councilman Bickford to attend this meeting to represent -'the City Council with the City Attorney. The Mayor .then entertained a motion to adjourn to executive session to discuss matters regarding pending litigation between the, -City and the County. MOTION: Councilman Bickford moved that we adjourn to executive session to discuss litigation. Seconded by Councilman Mallery. Passed unanimously. At 1:29 P.M. the;Mayb,r declared the meeting.in executive session. The City Attorney asked Councilman Mallery if he will honor the rules of procedure established at the prior meeting regarding his. conflict of interest in that he is not to participate, comment or Minutes - City Council Meeting October 27, 1966 Page Two vote on any matter coming before the Council in regards to the pending litigation. Councilman Mallery agreed. The City Attorney reviewed the litigation and the City's efforts towards settlement up to this time: Discussion held at length by members of the City Council and City staff: MOTION: Councilman Bowen moved that the City Attorney be instructed to contact the appropriate State officials to attempt to set up a meeting.with State officials with respect to settlement of the City -County litigation. Roll call vote: passed unanimously. Councilman Mallery abstained. Mayor Surfluh entertained a motion to adjourn. MOTION: Councilman Bickford moved that this meeting be adjourned. Seconded by Councilman Bowen" Passed unanimously. Meeting adjourned at 2:4S P.M. RECORDED BY: 0 ��ej %a, z C. TED WHITE, City Clerk 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 October 25, 1966, at 11:00 A.M. in the Morro Bay City Hall, 595 Harbor Street, Morro Bay, California, to transact business pertaining to the pending litigation between the City and the County of San Luis Obispo. 0 DWHITE,Z: t� — City of Morro Bay / DATED: October 24, 1966 • • CITY OF MORRO BAY OFFICE MEMORANDUM Subject ' r -7 f/ n./ 7 0 :/3 . .r /r 7dir d /D.' /�fJM �✓� y v� .lrin 7`/u 6, _.. /�J ;53 f%M • t19CC lc 6 MINUTES = City Council SPECIAL MEETING 11 October 25, 1966 9:00 A.M. City Hall Conference Room. At 9:08 A.M. Mayor Surfluh declared the special meeting open.. He further stated that proper notice of this meeting had been given to all members of the City Council and to the news media requesting notice. ROLL CALL PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None Mayor Surfluh entertained a motion to adjourn to executive session to discuss pending litigation between the City and the County. MOTION: Councilman Bickford moved that the Council adjourn to executive session. seconded by Councilman Keiser. Passed unanimously. Mayor Surfluh then declared the meeting to be in executive session at 9:13 A.M.. The City Attorney discussed Councilman Mallery's existing conflict of interest and related the fact that the settlement conference and any subsequent agreement entered into by the City and the County: would be in serious jeopardy if Councilman Mallery participated in any way in the meetings held to arrive at a settlement.. Discussion held by and between the City Attorney and members of the City Council regarding this matter. The City Attorney asked Councilman Mallery„i£ he would agree to sit silently by and offer no comment and in no way participate in the discussions or actions of the Council if he were aliowed-to stay. Councilman Mallery answered in the affirmative, "Yes, I will consent to do as you say at today's meeting". Mayor Surfluh stated that on advice from the City Attorney the aforementioned procedure will be followed and the meeting will continue.. Discussion was held and a review given of the past several days activities in regards to the settlement of the pending litigation between the City and the County. Mayor Surfluh entertained a motion to adopt a resolution setting forth the City's position towards settlement and that it was to be within the framework of the Tidelands Committee recommendations. City Administrator read Resolution No. 117-66 in its entirety, RESOLUTION WITH RESPECT TO PARAGRAPH 2 OF STIPULATION AND AGREEMENT MINUTES - City Council Meeting October 25, 1966 Page Two MOTION: Councilman Keiser moved that Resolution No. 117-66 be adopted. Councilman Bickford,,seconded. Roll call vote: AYES: Councilmen Bickford, Bowen; Keiser & Mayor Surf-luh NOES: None ABSTAINED: Councilman Mallery, Resolution No. 118-66 was read in its entirety: RESOLUTION REGARDING CITY -COUNTY LITIGATION MOTION: Mayor Surfluh moved that Resolution'No. 118-66 be adopted. Councilman-Bickford•seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser 8 Mayor Surfluh. NOES: None ABSTAINED: Councilman Mallery Further discussion held as to.the matter before.the.'Council. At 2:20 P.M. Mayor Surfluh entertained a motion to move from'execu tive session to open meeting., . MOTION: Councilman Bickford moved that the Council move from executive session into open meeting, Councilman Keiser seconded. Passed''.unanimously: At 2:22 P.M. motion was made by Councilman Bickford to adjourn: this meeting. Seconded by Councilman Bowen. Passed unanimously. Meeting adjourned at 2:23 P.M. RECORDED BY: ,City UlerK . CITY OF MORRO BAY AGENDA - City Council Meeting October 25, 1966 - 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of October 11, 1966 HEARINGS, APPEARANCES $ REPORTS A-1 Hearing on rezoning of Block 1, Morro Rock Park,Ttack from M-1 to M-1-d. A-2 Report on ambulance services. UNFINISHED BUSINESS B-1 Request for extension of use permit to Morro Bay Cub Scouts. B-2 Notice of Completion, Select System Project'No. 23 B-3 Notice from U. S. Corps of Engineers re: application to moor oyster cultivation rafts in Morro Bay Harbor. 18:12 . 1'621Vk1*& C-1 Renewal of use permit for Regal Sea Food Company. C-2 Appointment of representative to Economic Development Committee. C-3 Agreement for engineering services for wastewater treatment plant. C-4 Request for approval of access road alignment for Atascadero State Beach. C-S Resolution approving contract for retirement system actuarial valuation. C-6 Letter re: Seawater Reclamation. C-7 Council determination of meeting dates for the month of November. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Administrator a. Financial report b. Transfer request D-2 City Attorney D-3 City Council CORRESPONDENCE ADJOURNMENT Calendar 1. Council Meetings: to be determined. 2. Planning Commission Meetings: November 1 and 1S, 1966. MINUTES - City Council Meeting October 25, 1966 7:30 P.M.' Morro Bay Recreation Hall Meeting was called to order at 7:40 P.M., with the pledgeof allegi- ance. Mayor Surfluh gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh ABSENT: None MINUTES: Minutes of the regular meeting of October 11, 1966, were considered. MOTION: Mayor Surfluh moved to dispense with the reading of the minutes. Councilman Bowen seconded. Passed unanimously. Mayor Surfluh asked if there were any corrections or deletions to be made to the minutes. MOTION: Councilman Bickford moved that the minutes be approved as written. Councilman'Bowen seconded.' Motion carried. HEARINGS, APPEARANCES & REPORTS: A-1 Hearing on rezoning of Block 1, Morro Rock Park Tract from M-1 to M-1-d ' Malcolm J. Little, representing the Morro Bay.City Planning Commission, reviewed the hearing held, action of the Planning , Commission and the reasons for the resolution recommending denial of the request. Mayor Surfluh declared the hearing open and asked if anyone present would like to speak in favor of or in opposition to the rezoning. There being none, Mayor Surfluh declared the hearing closed. MOTION: Councilman Keiser moved the Council adhere to the recommendations of the Planning Commission and deny the request for rezoning. Councilman Bowen seconded. Mr. White suggested that this be done by resolution. RESOLUTION NO. 119-66. RESOLUTION DENYING REQUEST - FOR CHANGEF G N BLOCK 1„ MORRO ROCK PARK.. TRACT, MORRO BAY Mr. White read Resolution No. 119-66 in its entirety. MINUTES - City Council Meeting October 25,.1966 Page Two MOTION: Councilman Keiser moved that Resolution No. 119-66 be adopted. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser $ Mayor Surfluh. NOES: None ABSTAINED: Councilman Mallery Councilman Mallery explained that he is a property owner in the M-1 zone and that is the reason he abstained. Mr. Kardel, City Attorney, requested the Council be adjourned to an executive session in order to consider a matter relating to litiga- tion pending between the City and Councy. MOTION: Councilman Bickford moved the meeting be adjourned. to an executive session for the purpose of'dis cussing this matter. Councilman Keiser seconded.. Passed unanimously. Meeting adjourned to executive session at 7:49 P.M. Mayor Surfluh declared the executive session in order at 7:50 P.M. City Attorney reported on a meeting.held with the District Attorney. this afternoon regarding an offer of settlement: Discussion was held. 9 RESOLUTION NO. 120-66.' RESOLUTION REJECTING.OFFER Mr. Phelan read Resolution No. 120-66 in its entirety: MOTION: Councilman Bowen moved that Resolution No. 120-66 be adopted. Councilman Bickford seconded. Roll. call vote: AYES: Councilmen Bickford, Bowen, Keiser $ Mayor Surfluh NOES: None ABSTAINED: Councilman Mallery. MOTION: Councilman Bickford moved that the executive session adjourn and the open session continue.. Councilman Bowen seconded. Motion carried.', Mayor Surfluh declared the meeting to be in open session at 7:SS P.M. A summary of events relating to the settlement conference held with the representatives of the State of California and the'Couhty of San Luis Obispo was given by Mr. Kardel: Pursuant to the request from the State of California; the City communicated with the Board of Supervisors and the District Attorney this afternoon. In like manner, they communicated with the City in writing. The confidential communications were discussed between the MINUTES - City Council Meeting October 25, 1966 Page Three City Attorney's staff, the City Administrator and representatives of the District Attorney's office from 4:00 o'clock until 5:30 P.M. This evening, at the executive session just concluded, the Council acted with respect to this communication.in accordance with the request of the District Attorney's office for a reply by 11:00 A.M. tomorrow. The City will report to him in writing so that he can take up the matter at an executive session of the Board of Supervisors scheduled for 1:00 P.M. tomorrow. It was the recommendation of the City Attorney that this City Council meeting.be adjourned to a specified time and place - perhaps Thursday afternoon --so that if there is any action to be taken the Council would be in a position to do so. No further comments were made at this time due to the confidential nature of the communications. A-2 Report on Ambulance Services Mr. White submitted a report on ambulance services in the City of Morro Bay -- what exists and what service could be made available to the citizens of.Morro Bay. Mayor Surfluh asked for a brief re- view of the report and Mr. White.summarized the report for the benefit of the Council and those present. Discussion held among the Council members regarding ambulance ser- vice, and the possibility of forming a hospital district comprising Morro Bay, Baywood and Cayucos. Mr. White read a letter from the Los Padres Ambulance Service, stating they would like to locate a new 24-hour ambulance service and sick room supply business in Morro Bay. Mr. Don Lang, representing Los Padres Ambulance Service, spoke regarding his ambulance service, equipment and plan of operation., The Councilmen questioned Mr. Lang regarding the service. Dis- cussion among the Council regarding formation of a hospital district for Morro Bay, Baywood and Cayucos was held. MOTION: Councilman Keiser moved that the Council consider the private enterprise type of ambulance service; and further, that a study group be formed to con- . sider the formation of a hospital district: The committee to consist of citizens from Morro Bay, Cayucos and Baywood Park, and that the Mayorappoint the citizens committee of 12 citizens, 4 from each community, names to be submitted by members of the Council. Seconded by Councilman Mallery. Passed unanimously. MINUTES - City Council Meeting October 2S, 1966 Page Four' MOTION: Councilman Mallery moved that the Council direct the staff -to draft an ordinance pertaining to regulations, hours; etc., for an ambulance' franchise and service in Morro Bay. Councilman Bickford seconded. Motion passed unanimously. UNFINISHED BUSINESS B-1 Request for extension of use permit to Morro -Bay Cub Scouts Mr. White stated the original resolution granting the use permit did not include the date for'the final event to be held on,November 12, 1966, and read the following resolution.in its entirety: RESOLUTION NO. 121-66. RESOLUTION EXTENDING PERIOD OF USEP RM 0 MORRO BAY CUB SCOUTS MOTION: Councilman Bowen moved that Resolution No.,121-66 be adopted. Councilman Bickford seconded. -Roll. call vote: passed unanimously. B-2 RESOLUTION NO. 122-66. RESOLUTION ACCEPTING WORK AND ' G NOTICE OF OMPLETION FOR SELECT SYSTEM PROJECT NO. 23, SOUTH BAY BOULEVARD Mr. White read Resolution No. 122=66 in its entirety.,'_ MOTION: Councilman Bickford moved that Resolution No. 122-66 be adopted. Councilman Keiser seconded.. Roll call vote: passed unanimously. B-3 Notice -from U. S. Corps of Engineers re: Application to. moor oyster cultivation rafts in Morro Bay Harbor Mr. White reviewed the Notice, stating not will be posted in the Harbor Office and City Hall, and interested persons are invited to submit any written comments or suggestions they may have -to the Corps of Engineers: Discussion was held regarding the application of Belon.Oysters, location and size of the rafts, term of the proposed lease, and requirements of the Department of Fish and Game and the Corps of Engineers. NEW BUSINESS: C-1 Renewal of use permit for Regal Sea Food Company Mr. White and Mr. Phelan reviewed the use permit agreement issued for a period of .one year which expires November 1, 1966. MINUTES - City Council Meeting October 25, 1966 Page Five RESOLUTION NO. 123-66. RESOLUTION APPROVING GRANT OF USE PERMIT TO REGAL SEA FOOD COMPANY Mr. White read Resolution No. 123-66 in its entirety. MOTION: Councilman Bowen moved that Resolution No. 123-66 be adopted. Councilman Bickford seconded. Roll call vote: passed unanimously. C-2 Appointment of representative to Economic Development Committee Mr. White explained the purpose of the Economic Development Committee. Mr. Larry Davis has offered to serve as a representative of the City' ou the Committee. MOTION: Councilman Bickford moved that the Council notify the Economic Development Committee that Mr. Larry Davis will serve on the Committee on behalf of the City. Seconded by Councilman Bowen. Motion carried. C-3 Agreement for engineering services for Wastewater Treat- ment Plant Mr. White reviewed the matter of the need for engineering services during the period of phasing in the old plant and the.new+plant, stating that John Carollo Engineers, the engineering firm which designed the new plant, will assist in this interim period, not to exceed once a month for six months, to check the plant and instruct personnel in its 'proper operation, the cost to be approxi- mately $90.00 per month. Discussion held among members of the Council and Mr.. White. RESOLUTION NO. 124-66. RESOLUTION APPROVING PROPOSAL ENGINEERINGTO PERFORM SERVICES WASTEWATER TREATMENT PLANT Mr. White read Resolution No. 124-66 in its entirety. MOTION: Councilman Bowen moved that Resolution No. 124-66 he adopted. Councilman Bickford seconded. Roll call vote: passed unanimously. C-4 Request for approval of access road alignment for Atascadero State Beach Mr. White reviewed the matter, and a map of the proposed access road was placed on the board. MINUTES - City Council Meeting October 25, 1966 Page Seven MOTION: Councilman Mallery moved that the City Attorney investigate and report at the next Council meeting.. Councilman Bickford -seconded. Passed unanimously. INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Administrator a. Financial Report of October 1,,1966 through October 15, 1966. MOTION: Councilman Bickford moved that -the Expenditure Report covering the period' October l,'.1966 through October 15, 1966, be approved. Seconded by Councilman Bowen. Motion carried. Councilman Mallery abstained. b. Transfer Request Mr. White reviewed the need of the Harbor Department for''a standard marine broadcast radio and notified the Council that approval has. now been received from the Coast Guard and Federal Communications Commission for the operation of this radio. Bids were requested for the recommended radio or its equal. Two bids.have been received and -the low bid was from Village Marine, Inc.,of-Ventura. No bid was received from any local supplier. Due to the fact that this is an unbudgeted•item and the need is critical, approval was requested to transfer the total of $499'from the Unbudgeted Reserve -to the Harbor account to purchase .the radio. Discussion held among members of the Council and City staff,regarding the type of radio needed. Mr. Joe Giannini spoke from the audience stating that he did not con- sider this the proper radio, that he has radios that are less costly that will do the same job, and that the up -keep on the one requested would be difficult and expensive. Mr. Giannini was asked why he did not bid on the radio and he stated he did not think that this was the proper radio for the service intended. He suggested several other brands of radio in a higher price range that would be more suitable for service and indicated that he would furnish this type . of radio at 5% over his cost. Staff again related the requirements for going out to public bid and he indicated that he would bid on this basis. Councilman Bowen stated that due to the fact that this radio is critically needed for the protection of life and property that every consideration should be given to obtaining the .best equipment possible. Further discussion was held -by the City Council and staff members and it was determined that the City would ask for bids for the type of radio suggested by Mr. Giannin. MINUTES - City Council Meeting October 25, 1966 Page Six RESOLUTION NO. 125-66. RESOLUTION APPROVING ALIGNMENT F ACCESS ROAD TO ATASCADERO STATE' BEACH Mr. White read Resolution No. 125-66 in its entirety. MOTION: Mayor Surfluh moved that Resolution No.'125-66 be adopted. Seconded by Councilman Bickford. Roll call vote: passed unanimously. C-5 RESOLUTION NO. 126-66. RESOLUTION APPROVING CONTRACT R R T Y ACTUARIAL VALUATION Mr. White explained that the State Retirement System requires by law that an actuarial valuation be made very four years., Also; as members of this System, we must pay for this valuation., The cost to the City is $232.00. Resolution No. 126-66 was read in its entirety. MOTION: Councilman Bickford moved that kesolution No. 126-66 be adopted. 'Seconded by Councilman Keiser. Roll call vote: passed unanimously. " C-6 Letter re: Seawater Reclamation Mr. White read letter dated October 20, 1966, from the Morro Bay- Cayucos Atomic Seawater Reclamation Committee, signed by Duval Williams. Discussion was held among members of the Council and staff members on the subject of desalination. Joe Giannini spoke from the audience asking that a survey by the U. S. Bureau of Reclamation be requested for this area. Mayor Surfluh asked that the City staff develop information as to the procedure and cost of initiating a survey for Morro Bay and report back to the Council. C-7 Council determination of meeting dates for the month of November Mr. White stated that the next'regular Council meeting will be held November 8, which is Election Day and a legal holiday. A general discussion was held and Mr: Phelan is to report back to the Council at the adjourned session to be held on Thursday, October 27, 1966. C-8 Letter from City of. Arroyo Grande re'. Resolution No. 721 of the City Council of the City of Arroyo Grande Mr. White read the letter, dated October 14,, 1966;.signed by Thomas M. Butch, City Administrator. Mr. Phelan summarized the resolution regarding sales tax revenue, stating he felt it would be appropriate to review the matter more in detail. MINUTES - City Council Meeting October 25, 1966 Page Eight D-2 City Attorney a. Coast Guard Lease. Request received from the Coast Guard at the last Council meeting requiring clarification and this has been sent to the Coast Guard. No reply.received to.date. b. Lease Poii.cy: A draft of a proposed subleasing policy will made to the City Council at the next regular meeting. C. Green West Acres, Lease Site 300: Request has been received by a -principal ,of Green West Acres for deferment of rent on Lease Site 300. A written report and recommend- ation will be made to the City Council prior to the next'regula'r. meeting. D-3-a Councilman Keiser Questions asked regarding street lighting on Carmel'Sireef. Mr. White explained this has been scheduled with P. G. $ E., but we have to wait until they can install the lighting. Reported briefly on the League of California Cities convention, and stated she has written for pamphlets on various subjects covered., MOTION: Councilman Keiser moved that a letter of appreciation be sent to the City.of San Diego and the League of California Cities for the hospitality extended to us. Seconded by. Councilman Bickford, who added "an include the staff members that were there" (Morro Bay delegation). Motion carried. D-3-b Councilman Mallery He stated he has received many complaints about the foghorn blowing when there is no fog and not blowing when there is fog. Understands the lighter is hired by the Coast Guard but wonders if anything can be done about it. Councilman Mallery stated that he felt he is not as informed as he should be on certain matters before the City Council due to the. supposed conflict of interest. Discussion held regarding this matter between Councilman Mallery and other members of the City Council. . MINUTES - City Council Meeting October 25, 1966 Page Nine MOTION: Councilman Mallery moved that the City Council instruct the City Attorney to expedite and go ' ahead with a case to the Superior Court in this County to adjudicate this problem as to whether I have a conflict of interest that would jeopar- dize negotiations between the City of Morro Bay and the County of San Luis Obispo pertaining to pending litigation. Seconded by Councilman, Bickford. After considerable discussion among the Council and Mr. Phelan, Councilman Mallery withdrew his motion and Councilman Bickford withdrew his second. It was determined that Councilman Mallery and his attorney would meet with the City Attorney to discuss the conflict of interest question. 1 OTHER BUSINESS: Joe Giannini announced that Glen Ward of the Corps of Engineers will speak Thursday evening.at the Justice Court on San Simeon, Avila and all ports. Public meeting - 7:30 P.M. In answer to an inquiry from Mayor Surfluh, Howard Eytcheson reported briefly on the plans for the weekend boat race event. CORRESPONDENCE: 1. Office memo dated October 20, 1966, from S. L: Taylor stating the Division of Highways will change the signs on Highway One at no charge to the City. 2. Letter from Governor Brown's Office re: Governor's Traffic Safety Conference at the State Capitol on November 17 F, 18, 1966. 3. Letter from Automobile Club of Southern California dated October 39 1966 re: Collier -Unruh Standards and Matching Requirements 4. Letter from Centra'1•Coastal Regional Water Quality Control Board dated October 19,1966 re: results of waste discharge analysis made by the Department of Water Resources during the Spring of 1966. S. League.of California Cities: Reminder of meeting at Thousand Oaks on October 27, 1966. MOTION: Councilman Mallery moved to file the correspondence. Councilman Bickford seconded. Motion carried. ADJOURNMENT: MOTION: Councilman Bickford moved to adjourn.to the special meeting at 1:00 P.M. on Thursday, October 27, 1966, in the City Hall. Seconded by Mayor Surfluh. Motion passed. Meeting adjourned at 10:52 P:M. RECORDED BY: C. Thl) Whilt, Lity Clerk 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 jointly with the Board of Supervisors of the County of San Luis Obispo on October 21, 1966, at 9:00 A.M. in the Veterans Memorial,Building, Surf and West Streets, Morro Bay, California, to transact business pertaining to the pending litigation between the City and the County of San Luis Obispo. C. TED 9HI�_E, City Clerk City of Morro Bay WAIVER OF NOTICE OF SPECIAL MEETING I, duly elected City Council- man of the City of Morro Bay, do hereby waive notice of a special meeting and executive session of the City Council to'be held jointly with the Board of Supervisors of the County of San Luis Obispo to transact business pertaining to,the pending litigation between the City of Morro Bay and the County of -San Luis Obispo to be held October 21, 1966, at 9:00 A.M. in the Veterans Memorial Building, Surf and West Streets, Morro Bay,.California. CERTIFICATION OF CITY -CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay -do hereby certify that the above Waiver of Notice of Special_ Meeting andexecutivesession was filed on October_, 19,66. C. TED WHITE, City Clerk *i WAIVER OF NOTICE OF SPECIAL MEETING I, duly elected City Council -- man of the City of Morro Bay, do hereby waive notice of a special meeting and executive session of the City Council to be held jointly with the Board of Supervisors of the County of San Luis Obispo to transact business pertaining to the pending litigation between the City of Morro Bay -and the County of;,San Luis Obispo to be held October 21, 1966, at 9:00 A.M. in the Veterans Memorial Building, Surf and West Streets, Morro Bay, California. CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the above Waiver of Notice of Special Meeting and executive session was filed on.October 1966. C. TED WHITE, City Clerk I• 14 WAIVER OF NOTICE OF SPECIAL MEETING duly elected City Council- man of the City of Morro Bay, do hereby waive notice of a special meeting and executive session of the City Council to be held_ jointly with the Board of Supervisors of the County of San Luis Obispo to transact business pertaining to the pending litigation between the City of Morro Bay•and the County of°.:San Luis Obispo to be held October 21, 1966, at 9:00 A.M. in the Veterans Memorial Building, Surf and West Streets, Morro Bay, California. 1 CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the above Waiver of Notice of Special Meeting and executive session was filed on October 1966. C. TED WHITE, City Clerk /0 0 WAIVER OF NOTICE OF SPECIAL MEETING I, v duly elected City Council- man of the City of Morro Bay, do hereby waive notice of a special meeting and executive session of the City Council to be held jointly with the Board of Supervisors of the County of San Luis Obispo to transact business pertaining to the pending litigation between the City of Morro Bay -and the County of,' -San Luis Obispo to be held October 21, 1966, at_9:00 A.M. in the Veterans Memorial Building, Surf and West Streets, Morro Bay, California. CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the above Waiver of Notice of Special Meeting and executive session was filed on October_, 1966. 0 :::Y_p C. TED WHITE, City Clerk r• WAIVER OF NOTICE OF SPECIAL MEETING I, C LU/duly elected City Council- man of the City of Morro Bay, do hereby waive notice of a special meeting and executive session of the City Council to be held jointly with the Board of Supervisors of the County of San Luis Obispo to transact business pertaining to the pending litigation between the City of Morro Bay•and the County of::San Luis Obispo to be held October 21, 1966, at 9:00 A.M. in the Veterans Memorial Building, Surf and West Streets, Morro Bay, California: CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the above Waiver of Notice of Special Meeting and executive session was filed on October 2_�, 1966. aJ C. TED WHITE, City Clerk . . - -. o- R..—. WAIVER OF NOTICE OF SPECIAL MEETING I, duly elected City Council- man of the City of Morro Bay, do hereby waive notice of a special meeting and executive session of the City Council to be held jointly with the Board of Supervisors of the County of San Luis Obispo to transact business pertaining to the pending litigation between the City of Morro Bay -and the County of:.San Luis Obispo to be held October 21, 1966, at 9:00 A.M. in the Veterans Memorial Building, Surf and West Streets, Morro Bay, California. CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the above Waiver of Notice of Special Meeting and executive session was filed on October.:_, 1966. '2j C. TED WHITE, City Clerk i MINUTES - City Council Meeting SPECIAL MEETING October 21, 1966 Page Two Assemblyman Williamson reviewed the purpose of the Joint Legislative Committee on Tidelands and ruled that this meeting would be closed to the public and asked that the City and County take steps necessary to move to executive session. At 10:27 A.M. Mayor Surfluh declared the meeting of the City Council to be in executive session. Roll call vote: PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $.Mayor Surfluh ABSENT: None Assistant Attorney General Jay Shavelson suggested that they hold a technical meeting between the staffs of the City and County. Dis- cussion held relative to following this procedure: Senator Grunsky stated the record should show that this would be a meeting just between the attorneys so that there is no violation of the Brown Act. Assemblyman Williamson then:stated that the City Council and the County should recess until 2:30 P.M., at which time they will re- convene at this location. At 10:43 A.M. Mayor Surfluh declared the meeting of the City Council recessed until 2:30 P.M. The County Board of Supervisors was similarly recessed at this time. The respective staffs of the City and County, representatives of the Joint Legislative Committee on Tidelands, the State Lands Commission and the Attorney General's Office continued the meeting until 2:30 P.M. The meeting was reconvened at 2:45 P.M. and Assemblyman Williamson suggested that the City Council and Board of Supervisors reopen their meetings. At 2:53 P.M. Mayor Surfluh..declared that the meeting of. -the City Council is now reconvened in executive sesslion. MOTION: Councilman Bickford moved that we move from. executive session to open session. Councilman Keiser seconded. 'Motion passed unanimously. Mayor Surfluh declared that the Morro Bay City Council is now'in open session. ` After a discussion by all parties present, it was determined that the City Council and Board of Supervisors would hold a caucus with their legal staffs in executive session. . Mayor Surfluh entertained a motion to•go.from open 'session to executive.session. MINUTES - City Council Meeting SPECIAL MEETING October 21, 1966 9:30 A.M. Morro Bay Veterans Memorial Hall The meeting was called to order by Assemblyman John C.. Williamson at 9:53 A.M. Senators Grunsky and,Farr were introduced to those present. 11 STATE OF CALIFORNIA Assemblyman John C. Williamson, Joint Legislative Committee on Tidelands; Charles Baldwin, Committee Consultant; Jay L. Shavelson, Assistant Attorney General; Paul M. Joseph, Deputy Attorney General; Frank J. Hortig, Executive Officer, State Lands Commission; Richard Golden, Assistant Executive Officer, State Lands Commission; Virgil Butler, Attorney, State Lands Commission; Les Grimes, Land Agent, State Lands Commission. COUNTY OF SAN LUIS OBISPO Fred Kimball, Chairman ,'County Board of Supervisors; Sam Borradori, Supervisor; Lyle Carpenter, Supervisor; Roland Gates, Supervisor; Hans Heilman, Supervisor; B. D. Conrad, County Administrative Officer; James Powell, District Attorney; Bud Johnson, Deputy District Attorney; Robert Schum, Deputy District Attorney; Lillian Stewart, Deputy County Clerk. CITY OF MORRO BAY J. S. Surfluh, Mayor; Wayne E. Bickford, Councilman; Paul Bowen, Councilman; Lila H. Keiser, Councilman; Wesley E.'.Mallery; Couricilman; C. Ted White, City Administrator;.Peter M. Kardel, City.Attorney; Michael V. McIntire, City Attorney; Michael J. Phelan, City Attorney; David Ingram, City Appraiser; Daisy M. Schacht, Deputy City Clerk. Assemblyman Williamson introduced Mr. Frank J. Hortig, Executive Officer of the State Lands Commission. Mr. Hortig submitted a "Report of Morro Bay Grant Supplementing Review of August, 1966", dated October, 1966, prepared by the State Lands Commission to the Joint Legislative Committee on Tidelands. Senator Grunsky asked the State Lands Commission to what extent is this report confidential. Mr. Hortig indicated that due to the time required to prepare the report that it is to be considered as not the final report of the. State Lands Commission. Some revision and -change is required, there- fore he requested that it be submitted to the Joint Legislative Committee on Tidelands and until such time as it is finalized that it remain confidential. _ Senator Farr made a statement relative to the need of an'open meeting and requested that this meeting be conducted in open session. Senator Grunsky reviewed the reasons for holding such a meeting as this in executive session for those in attendance.. Discussion held between the participating parties relative to open or closed'meetings'. MINUTES - City Council SPECIAL MEETING October 21, 1966 Page Three MOTION: Councilman Keiser moved that we move from open session to executive•session at 2:58 P.M. Councilman Bowen seconded. Motion carried. " The City Council met with their staff representatives and discussed matters before the Council regarding the pending litigation. At 3:10 P.M. the City reconvened and Mayor Surfluh entertaineda motion to open the Council meeting in open session. MOTION: Councilman Bowen moved that we go into open session. Councilman Bickford seconded. Passed unanimously. Mayor Surfluh indicated that it was the wish of the City Council that the staff proceed with their evaluation and. review of -the Report as submitted by the State Lands Commission and continue to work with the members of the Joint Legislative Committee on,Tide- lands, State Lands Commission,:Attorney General's Office and representatives of. the County towards possible'settlement. Staff was directed to continue. The State Lands Commission stated that: "I think we should make this very clear that this report, including the figures in here, are extremely tentative as far as this Committee!is concerned.' . For anyone to accept this as being final would be•.a mistake At 3:15 P.M. Mayor Surfluh entertained a motion to•adjourn this meeting of the City Council. MOTION: Councilman Keiser moved to adjourn the meeting of the City Council. Councilman Bickford seconded. Passed unanimously. Assemblyman Williamson declared the meeting closed•to the public at. 3:20 P.M. at which time staff members of the City, County and State began a comprehensive review of the Report. RECORDED BY: C. 'f City*Clerk CITY OF MORRO•BAY - AGENDA City Council Meeting .October 11, 1966 7:30,PM Morro Bay Recreation Hall. 4 Call tb-Order Pledge of Allegiance Invocation - Roll Call MINUTES ' y 1.. Regular meeting of September 27, 1966. HEARINGS, APPEARANCES & REPORTS A-1 Petition regarding baseball games in City Park, Harbor Street and Morro Bay Blvd. UNFINISHED BUSINESS B-1 Approval of Annual Audit. B-2 Resolution Expressing Appreciation to E1 Camino' Dahlia Society. B-3 Bid results for utility pickup, vibratory roller and police cars. NEW BUSINESS C-1 Resolution granting use permit for.Halloween Parade, Morro Bay Lions Club. C-2 Request for amendment of lease for U. S. Coast. Guard facilities. C-3 Request for approval o,f sublessees, Lease'Sites 93, 94 and•95. C-4 Resolution regarding improvements insialled'on Lease Sites 91'and. 92. C-5 Request to trim trees endangering public works. C-6 Resolution granting use permit to Yacht Club. INDIVIDUAL DETERMINATION AND /OR ACTION. D-1 City Administrator a. Financial report. b. Budget transfers D-2 City Attorney D-3 City Council CORRESPONDENCE ADJOURNMENT Calendar 1. City Council Meetings: October 25, 1966. 2. Planning Commission Meetings: October 18 and November..1=, 1966.' MINUTES - City Council Meeting October 11, 1966 7:30 PM Morro Bay Recreation Hall Morro Bay, California Meeting was called to order at 7:40 P.M. with the Pledge of Allegiance. Mayor Surfluh gave the invocation. ROLL CALL PRESENT: Councilmen Bickford, Bowen and Mayor Surfluh ABSENT: Councilmen Keiser and Mallery MINUTES Minutes of the regular meeting of September 27, 1966, were con- sidered. MOTION: Mayor Surfluh moved to dispense with the reading of the minutes. Councilman Bowen seconded. Motion passed unanimously. Mayor Surfluh asked if there were any corrections to be made to the minutes. MOTION: Councilman Bickford moved that the minutes be approved as written. Councilman Bowen seconded. Motion passed unanimously. HEARINGS. APPEARANCES AND REPORTS A-1 Petition regarding baseball games in City'Park; Harbor Street and Morro Bay Boulevard' Mr. White read a letter and petition received from Judge Fred A. - Schenck signed by 21 people residing or working in the.area, asking that the City restrict the sports activities being held in the Park by youngsters, specifically baseball and softball, as this presents a hazardous condition to others using the Park or who reside in the area. Mr. White stated a Minute Order directing the Department heads to restrict the use of the Park to this particular activity would be in order. Discussion held. MOTION: Councilman Bickford moved that the•playing of hardball or softball, either throwing or•batting the ball, be prohibited in the City Park at Harbor Street and Morro Bay Boulevard, and the staff be instructed to enforce this Minute Order. Councilman Bowen seconded. Motion passed unanimously. MINUTES - City Council Meeting October 11, 1966 Page Four existing lease is in the name of the County of San Luis Obispo; and the Coast Guard has been notified of the court's action in authorizing the City to administer the property and they have submitted standard Government lease forms by and between the City of Morro Bay and the Coast Guard for the lease of their facilities. Michael Phelan, City Attorney, reviewed the request of the Coast Guard and the lease submitted. The lease referred to a Rider which was not attached. After discussion, it was determined that the City Attorney would contact the Coast Guard to secure all information relating to the Rider as noted in the lease document before any further action is taken on this matter. C=3 Request for approval' of sublessees, ,Lease Sites 93, 94 and 95 Mr. Phelan reviewed the request of Ray Gallo,.attorney for the Estate of Hugh Graham, asking for formal consent to the sublessees under which the premises have -been operating.. Mr. Phelan stated a proposed subleasing policy,is being drafted by the City Attorney's office for Council consideration and action, and that Mr.'Gallo requested that this request be deferred until the subleasing policy is entered into. It was recommended that this matter be deferred until the Council has acted on the proposed subleasing policy. C-4 RESOLUTION NO. 112-66. RESOLUTION APPROVING INSTALLATION. F AIR 0 DI O ING EQUIPMENT ON LEASE SITES 91, 92, 91W and 92W, AND AUTHORIZING SIGNING OF WAIVER AND CONSENT City Attorney reviewed the request regarding the installation of air conditioning equipment on the Wilson -Anderson lease site,, and reviewed the Waiver and Consent Agreement for the benefit of the Council and those present. Resolution No. 112-66 was then read in its entirety. MOTION: Councilman Bickford moved that Resolution No. 112-66 be adopted. Councilman Bowen seconded. Roll call vote: passed unanimously.• C=5 Request to trim trees endangering public works City Administrator reviewed the request'to trim the Eucalyptus tree on Morro Bay Boulevard adjacent to the City-water.tanks. The re- quest of Robert Schultz to have a Eucalyptus tree trimmed -at Shasta and Anchor Streets was also reviewed for the, benefit of the Council. Discussion held.• MOTION: Councilman Bickford moved that the staff be authorized to accept the low bid on the trimming of these two trees mentioned above. Mayor Surfluh seconded. Motion passed'unanimously. MINUTES - City Council Meeting October 11, 1966 Page Three 3. Three wheel utility pickup, Account 3600, Water Department. This item was also budgeted for,in the Equipment Replacement Re- serve for next year. •Due to the fact that this unit now requires a major overhaul, it is felt that it is not economically feasible to repair it at this time. Request is made to allow the purchase of this vehicle during this fiscal year.' No .transfer of funds is required to the Water Department account as funds are available in this account because of savings realized on the purchase of an air compressor. There is currently an amount in excess of $1,400 in this budget account. We'request-authorization to purchase and acceptance of the low bid. Ii MOTION: Councilman Bowen moved that Item 3 be approved for purchase and the low bid.in the amount of $1,362.48 be accepted. Councilman Bickford seconded. Motion passed unanimously. 4. Lubrication Equipment. The City Administrator requested auTization to purchase lubrication equipment and a floor jack for use of vehicle maintenance for the city. A cost saving in excess of $3,000 per year can be made by lubricating our own vehicles now that the city service station is installed and ready for use. Request is made for lubrication equipment in the amount of $200 and a 4-ton floor jack in the amount of.$200. No transfer of funds is required as there,exists an amount in excess of $400 realized from savings on the purchase of the sound system in this budget account. Authorization to purchase the needed equipment is requested. MOTION: Councilman Bickford moved to approvethe pur- chase of lubrication equipment and a 4-ton floor jack. Councilman Bowen seconded. Passed unanimously. NEW BUSINESS C-1 RESOLUTION NO. 111-66. RESOLUTION GRANTING A USE PERMIT TO CONDUCTA STREET PARADE TO THE MORRO BAY LIONS CLUB Mr. White read Resolution No. 111-66 in its entirety. MOTION: Councilman Bowen moved that Resolution No. 111-66 be adopted. Councilman Bickford. seconded. Roll call vote: passed unanimously. C-2 Request for amendment of lease for U. S. Coast Guard facilities Request has been received from the U. S. Coast Guard to negotiate new leases for their facilities in the Morro Bay Harbor. The 46 MINUTES - City Council Meeting October 11, 1966 Page Two UNFINISHED BUSINESS • 1 Y B_1 Approval of Annual Audit , Mr. White stated it would be in order for the Council to'approve the Annual Audit for the fiscal year ending June 30, 1966, by Minute Order, previously presented to the,Council'on September. 13, 1966. MOTION: Councilman Bickford moved that.we approve the Annual Audit for the fiscal year ending, June 30, 1966. Councilman Bowen seconded. Motion carried unanimously. B-2 RESOLUTION NO. 110-66. RESOLUTION EXPRESSING' APPRECIATION TO THE EL CAMINO DAHLIA SOCIETY Mr. White read Resolution No. 110-66 in its°entirety: MOTION: Councilman Bickford moved that Resolution No. 110-66 be adopted. Councilman Bowen seconded. Roll call vote: unanimously passed. B-3 Bid results for utility pickup, vibratory roller and police cars Mr. White reviewed the bid results for the listed items for the benefit of the Council and those present. 1. Vibratory or CompactionRoller. This ,item is budgeted for in ccount 6600, Street Department, in the amount of.$1,150. The low bid received was for $1,794.50. Request is made tobudget an additional $650.00 for the purchase of this budgeted item.. A transfer from the Unbudgeted reserve would be required,,' MOTION: Mayor Surfluh moved that $650 be transferred from Unbudgeted Reserve to Account'3300. Councilman Bickford seconded. Motion passed. unanimously. 2. Police Cars(2), Account 2500, Police Department. The normal replacement schedule for these two units was budgeted for in .the equipment replacement reserve. Low bid for the two units was $4,981.04. A request is made to approve the low bid and for a ' transfer of $4,990.00 from the Equipment Replacement Reserve to Account 2500. MOTION: Councilman Bickford moved that Item 2.be approved and that $4,990 be transferred from Equipment Replacement Reserve to Account 2500. Councilman Bowen seconded. Motion passed unanimously. MINUTES - City Council Meeting October 11, 1966 Page Five CC=6 RESOLUTION NO. 113-66. RESOLUTION GRANTING A USE PERMIT TO THE MORRO BAY YACHT CLUB TO CONDUCT ACTIVITIES RELATING TO THE PACIFIC POWER BOAT RACE Mr. White read Resolution No. 113-66 in its entirety. MOTION: Councilman Bowen moved that Resolution No. 113-66 be adopted. Councilman Bickford seconded. Roll call vote: passed unanimously. INDIVIDUAL DETERMINATION AND/OR ACTION D-1-a Financial Report Mr. White reviewed briefly the Expenditure Report for•the period September 12 through September 30, 1966, and the City Treasurer's Report through September 30, 1966. MOTION: Councilman Bickford moved that the Expenditure Report for the period September 12 through September 30, 1966, be approved. Councilman Bowen seconded. Passed unanimously. D-1-b Budget Transfers Mr. White reviewed the request for budget transfers for the two police cars and compaction roller: Mr. White stated a Minute Order would be in order to approve Transfer Voucher No. 6-7-12 (police cars) and Transfer Voucher No. 6-7-13 (compaction roller). MOTION: Councilman Bickford moved for'the approval of Transfer Voucher No.-6-7-12 and Transfer, Voucher No. 6-7-13. Councilman Bowen seconded. Motion passed unanimously.. RESOLUTION NO. 114-66. RESOLUTION APPROVING AGREEMENT FOR APPRAISAL Mr. White read Resolution No. 114-66 in it's entirety. MOTION: Mayor Surfluh moved that Resolution No. 114-66 be adopted. Councilman'Bowen seconded. Roll call vote: passed unanimously. Discussion was held regarding the transfer of funds for Transfer Voucher No. 6-7-14 (David Ingram, M.A.I., Appraiser) for appraisal of waterfront property. MOTION: Mayor Surfluh moved for the approval of Transfer Voucher No. 6-7-14. Councilman Bickford seconded. Motion passed unanimously. MINUTES - City Council Meeting October 11, 1966 Page Six D-1-c RESOLUTION NO. 115-66. RESOLUTION'GRANTING`A USE" PERMIT TO CONDUCT A STREET PARADE TO THE MORRO BAY HIGH SCHOOL City Administrator read Resolution No. 115-66 in its entirety. MOTION: Councilman Bowen moved that Resolution No.� 115-66 be adopted. Councilman Bickford" seconded. Roll call vote: passed unanimously. D-1-d RESOLUTION NO. 116-66. RESOLUTION GRANTING.A USE PT_RIT TO THE MORRO BAY CUB SCOUTS. Mr. White read Resolution No. 116-66 in its entirety Discussion was held regarding the safety of.these soap box derby racers. MOTION: Councilman Bowen moved that Resolution no.. 116-66 be adopted. Councilman Bickford.' seconded. Roll call vote: passed unanimously. D-1-e Select System Project No. 27 Mr. White reviewed Select System Project No. 27 for the benefit of the Council and those present and requested approval of the plans and specifications and authorization to advertise for bids. MOTION: Councilman_Bickford moved that we approve .the plans and specifications and advertise for bids for this specified chip sealing. Councilman Bowen seconded. Motion passed unanimously. D-1-f Release of Fire Apparatus Mr. White stated that since the new fire apparatus was to be re- ceived in the near future, a Minute Order authorizing the release of the second fire department unit was in order. MOTION: Councilman Bowen moved that the second piece of fire apparatus be released to the purchaser. Councilman Bickford seconded. Motion passed unanimously. D-1-g Proclamation re: P.T.A. Week Mr. White read a letter received from the Morro Bay High School P.T.A. President and Morro Bay Elementary School P.T.A. President asking that a Proclamation be issued proclaiming the week of October 16 through 22 as P.T.A. Week. Said Proclamation was read in its entirety. MINUTES - City Council Meeting October 11, 1966 Page Seven D-1-h Discussion was held between Joe Giannini, City Attorney and Neil Moses regarding the purpose of the appraisal work being done by Mr. David Ingram, M.A.I. Appraiser. D-1-i Discussion held regarding attendance of City Council and staff members at the annual League of California Cities conference and the benefits that would accrue from said attendance. MOTION: Mayor Surfluh moved that (1) the mileage allowed be S cents per mile; (2) $IS per diem per day'be allowed for meals and miscellaneous; and (3) the room at per diem rate on a'single occupancy basis. Mr. Joe Giannini questioned the right of public employees to attend such a meeting with expenses paid as he felt they should stand the costs themselves. He also stated that the City Council should approve the attendance of these people and the expendi- tures before such a trip is made. The City Administrator notified Mr. Giannini that this was discussed at the.budget conference and has been duly budgeted for for this fiscal year. Councilman Bowen.seconded the motion., Passed unanimously. CORRESPONDENCE 1. Copy of Golden Coast News dated October 6 re: Morro Bay. 2. Petition signed by 18 people asking that street lights be installed on the corners of Ridgeway $ Arbutus, Ridgeway $ Arcadia, Carmel F, Arbutus and Carmel g Arcadia. . In regards to this petition, Mr. Spellacy indicated that lighting for this area has been programmed and will be installed within 60 to 90 days. No further action requested by the City Council. 3. Letter dated October 6 from the San Luis Obispo County Flood Control and Water Conservation District re:.Santa Rita -Jack Water Supply Project. 4. Information from California Navigation Conference re: allocation of funds for fiscal year 1967-68. S. Letter from Governor Brown enclosing handbook on Urban Growth. 6. Letter dated October 7 from Transportation Agency re: Conference on Urban Transportation Planning to be held October 26th in Los Angeles. MINUTES -..City Council Meeting, October 11, 1966 Page Eight 7. Letter dated October 5 from Cayucos Chamber of Commerce re: proposed meeting on Sea Water -Desalination Plant. City Administrator dir6cted to answer this letter re questing notification of a date of'this meeting for . November. 8. Letter dated October 7 from Division of Highways enclosing information re: apportionment & payment of funds under. Section 186.1 of the Streets and Highways Code. 9.. Pamphlet on Proposition 3: Open Space Conservation. 10. Information on Californians for Yes on 1-A. 11. Letter from The'City of Selma dated September 36 asking Council action re: -Collier Unruh "matching funds".' No action taken by Council at this time. 12. Minutes of the San Luis Obispo County Economic Development Committee held September 27th. 13. Copy of letter from Ruder & Finn, Inc,, dated September 27 re: Tire Safety Week. 14. Letter from Department of Fish and Game dated September 27 re: public hearing on Oyster allotment. is. Notice from League of California Cities dated September 12 re: safety contest. 16. Letter dated September 27 from Senator Thomas H. Kuchel re: City of Morro Bay resolution of appreciation. 17. Copy of Proposed Amendments to Constitution to be submitted at General Election on Tuesday, November 8, 1966. 18. Notice of Quarterly Meeting of League of California Cities Channel Counties Division'to be held October 27 in Thousand Oaks. 19. Notice from League of California Cities re: session on having a sister city to be held October 16 in San Diego. 20. Copy of a letter from A. Donatelli to the Telegram Tribune re: building a convention hall in the County. 21. Copy of a letter from Mrs. J. S. McGurn to Department of Public Works re: damage.to her dock by members of the Yacht Club. Discussion held. 22. Letter of invitation to attend the California Police Chiefs Association to be held October 16 in San Diego. MINUTES - City Council Meeting October 11, 1966 Page Nine MOTION: Councilman Bickford moved that the correspondence be filed. Mayor Surfluh seconded. Motion passed, unanimously. ADJOURNMENT MOTION: Councilman Bowen moved that the meeting be - adjourned. Councilman Bickford seconded. Passed unanimously. Meeting adjourned at 9:30 P.M. RECORDED BY: C. TED WHITE, City Clerk October 7, 1966 I, duly elected City Councilman of the City of Mor o Bay do hereby waive notice of a special meeting and exec tive session of thg City Councill-toconsider personnel matters to be held`at the Morro Bay City,Hall on Friday, October,7, 1966, at 7:30 P.M. 1 I, C. TED WHITE,, City Clerk of the City of Morro Bay do hereby certify that the above waiver of notice of special meeting and executive session was filed on October 7, 1966. C. TED WHITE, City Clerk---- �1 0 October 7, 1966 duly elected City Councilman of the City of Morro Bay do hereby waive notice of a special meeting and executive session of the City i Councillto consider personnel matters to be held at the Morro Bay City,Hall on Friday, October.7, 1966, at 7:30 P.M. I, C. TED WHITE_, City Clerk of the City of Morro Bay do hereby certify that the above waiver of notice of special meeting and executive session was filed on October 7, 1966. 0 ( � N C. TED WHITE, City Clerk. 0 October 7, 1966 duly elected City Councilman of the City of Morro Bay do hereby waive notice of a special meeting and executive session of the City Councillto consider personnel matters to be held at the Morro Bay City Hall.on Friday, October,7, 1966, at 7:30 P.M. I, C. TED WHITE., City Clerk of the City of Morro Bay do hereby certify that the above waiver of notice of special meeting and executive session was filed on October 7, 1966. C. TED WHITE, City Clerk, 0 IJ October 7, 1966 duly elected City Councilman of the City of Morro Bay do hereby waive notice' of a special meeting and executive session of the City Councili.to consider personnel matters to be held at the Morro Bay City Hall on Friday, October,7, 1966, at 7:30 P.M. r I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the above waiver of notice of special meeting and executive session was filed on October 7, 1966. C. TED.WHITE, City Clerk. P October 7, 1966 I, V Vl duly elected City. Councilman of the City of Morro Bay hereby waive notice of a special meeting and executive session of the City Councill.to consider personnel matters to be held at the Morro Bay City,Hall on Friday, October.7, 1966, at 7:30 P.M. I, C. TED WHITE., City Clerk of the City of Morro Bay do hereby certify that the above waiver of notice of special meeting and executive session was filed on October 7, 1966. C. TED WHITE, City Clerk. MINUTES - City Council Meeting ' Special Meeting - Executive Session October 7, 1966 7':30 P.M. City Hall Conference Room Morro Bay,'California Mayor Surfluh called this meeting on this date for the express purpose of discussing .personnel matters relating to two unfilled positions, Director of Planning and Building and Chief Disposal Plant Operator. PRESENT: Councilmen Bickford,.Bowen, Keiser $ Mayor Surfluh ABSENT: Councilman Mallery Also present: Planning.Commissioners Nagano and Meacham Notice of Waiver of Meeting duly made by all those present are attached to these minutes. Item 1: Mayor,Surfluh,asked the City Administrator to review the matter regarding the hiring of•a Chief Disposal Plant Operator. On advertising in'professional journals and direct to wastewater treatment plants throughout California, we were only able to secure one qualified applicant, a Mr. Darrel Richards, who holds a Grade . 3 Certificate from the State Water Pollution Control Association. Permission was requested to deviate from the Personnel Rules and Regulations and allow filling this position without -the need of a competitive examination. Discussion held regarding the applicant's qualifications, references, - experience, background and training. It was the recommendation of the Director of Public Works and City Administrator that this man be hired at Step One in the appropriate range to fill this position. MOTION: Councilman Bickford moved that due to .the circum- stances the City Administrator be allowed to deviate from the Personnel Ordinance due to re- ceiving only one application and approve the hiring of Darrel Richards without competitive examination and accepting the recommendation of the State Water Pollution Control Association certification requirements. Councilman Bowen .. seconded. Passed unanimously. Item 2: 8:10 P.M.: Mayor Surfluh opened the discussion relating to the oral interviews given on September 24 to applicants for the position of Director of Planning and Building. Discussion was held as to the qualifications of each applicant by members of the Council and Planning Commission.present at the meeting. The concensus of opinion was that further investigation should be made of one appli- cant considered most suited for the job. . —"a MINUTES - City Council Special Meeting - Executive Session Page Two October 7, 1966 MOTION: Councilman Bickford moved that Councilman Bickford and Planning Commissioner Nagano travel to Woodland,, California to visit with Mr.. Richard P.,King to further attest to Mr. King's qualifications. Seconded by Councilman Keiser. Passed unanimously. Mayor Surfluh entertained a motion to adjourn. MOTION: Councilman Bowen moved that the meeting be adjourned. Seconded by Councilman Keiser.' Passed unanimously.: Meeting adjourned at 9:40 P.M. RECORDED BY: C. TED WHITE, City Clerk CITY OF MORRO BAY AGENDA - City Council Meeting September 27, 1966 - 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MTNIITF.0 1. Special meeting of September 13, 1966. 2. Regular meeting of September 13, 1966. 3. Adjourned meeting of September 15, 1966. 4. Special meeting of September 15, 1966. HEARINGS, APPEARANCES & REPORTS A-1 Report and recommendation for denial of request for change of zoning of Block 1, Morro Rock Park Tract. A-2 Report and recommendation for approval of request for variance by B. A. Munn, 475 Arcadia Avenue. A-3 Report and recommendation for approval of Map of Tract 353 (Williams Bros. Shopping Center). A-4 Report on public hearing on application for shellfish allotment.. UNFINISHED BUSINESS B-1 Lease on City property to Central,Coast Investors - Lease Sites 200 $ 201. B-2 Improvement District No. 2 - Bid results for District Bonds. B-3 Ordinance No. 50. An Ordinance Amending the Temporary Zoning Map of the City of Morro Bay (2nd Reading) NEW BUSINESS C-1 Request for budgeted funds from Morro Bay Chamber of Commerce. C-2 Resolution giving notice of completion of S. S. Pr6ject No. 26, Main Street between Dunes and Surf. C-3 Request for approval of specifications for harbor boat. TIME RESERVED FOR INDIVIDUAL ACTION D-1 City Administrator a. Financial Report D-2 City Attorney D-3 City Council CORRESPONDENCE ADJOURNMENT Calendar 1. Council Meetings: October 11 and 25, 1966. 2. Planning Commission Meetings: October 4 and 18, 1966. n MINUTES - City Council Meeting September 27, 1966 - 7:30 P.M. Morro Bay Recreation Hall Meeting was called to order at 7:35 P.M. with the pledge of allegiance. Mayor Surfluh gave the invocation. ROLL CALL PRESENT: Councilmen Bowen, Keiser, Mallery F, Mayor Surfluh ABSENT: Councilman Bickford MINUTES Minutes of the special and regular meetings of September 13, 1966, and the adjourned and special meetings of September 1S, 1966, were considered. MOTION: Mayor Surfluh moved to dispense with the reading of the minutes. Councilman Bowen seconded. Motion carried. Mayor Surfluh asked if there were any corrections to be made to the minutes. MOTION: Councilman Keiser moved that the minutes be accepted as written. Councilman Bowen seconded. Motion carried. HEARINGS, APPEARANCES $ REPORTS A-1 Report F, recommendation for denial of request for change of zoning of Block 1, Morro Rock Park Tract Malcolm J. Little, representing the Morro Bay City Planning Commission, reviewed the actions of the Planning Commission in denying this request for change of zoning for the benefit of the Council and those present. RESOLUTION NO. 105-66. RESOLUTION RECOMMENDING DENIAL OF REQ T FOR CHANGE OF ZONING AND SETTING DATE FOR HEARING (Block 1, Morro Rock Park Tract) Mr. White read resolution no. 105-66 in its entirety. MOTION: Councilman Keiser moved that Resolution No. 105-66 be adopted. Mayor Surfluh.seconded. Roll call vote: AYES: Councilmen Bowen, Keiser $ Mayor Surfluh ABSTAINED: Councilman Mallery , y E 46 MINUTES - City Council Meeting September 27, 1966 Page Two A-2 Report $ Recommendation for approval of request for variance by B. A. Munn, 475 Arcadia, Avenue Mr. Little reviewed the request of Mr. Munn for a variance to allow a reduction in side lot line setback requirements, and he stated that it is the recommendation of the Planning Commission to grant this - variance. RESOLUTION NO. 106-66. RESOLUTION GRANTING VARIANCE 0 BER ARD A MUNN, Lot 14, Block 7, Morro Bay Vista Tract No. 3 • City Administrator read resolution no. 106-66 in its entirety. MOTION: Councilman Keiser moved for the adoption of Resolution No. 106-66. Councilman Bowen seconded: Roll call vote: unanimously passed.. A-3 Report $ recommendation for approval of Map of Tract 353 (William Bros. Shopping Center) - Mr. Little stated it is the recommendation of the City Planning Commission to approve the final map of Tract 353. A map was dis- played designating the location of the proposed shopping center for the benefit of the Council.and those present.'; RESOLUTION NO. 107-66. RESOLUTION APPROVING FINAL MAP OF TRACT NO. 353 Mr. White read Resolution No. 107-66 in its entirety. MOTION: Mayor Surfluh moved that Resolution -No. 107-66 be adopted. Councilman Keiser seconded. Roll call vote: passed unanimously. A-4 Report on public hearing on application for shellfish allotment Mr. White summarized the action taken in this matter at the public hearing held September.19, 1966, and stated this request for a shellfish allotment is now under consideration by the Corps of Engineers. UNFINISHED BUSINESS B=1 Lease of City property to Central Coast Investors - Lease Sites 200 $ 201 Mr. Phelan, City Attorney, reviewed the actions taken in this matter prior to this meeting and stated the lease amendment agreement, in its final form, has been presented to Central•Coast Investors for MINUTES - City Council'Meeting September 27, 1966 Page Three their approval, and stated it -would be in order to direct the City Administrator to formally submit the lease amendment agreement to Central Coast Investors. Mr. Phelan reviewed the lease amendment agreement for the benefit of the Council and those present. Mayor Surfluh stated a minute order formalizing this lease amendment agreement would be in order. MOTION AYES Councilman Keiser moved that this lease -,amendment agreement be submitted to Central Coast, Investors for their approval and acceptance. Councilman Bowen seconded. Roll call vote:. Councilmen Bowen, Keiser $ Mayor Surfluh NOES: Councilman Mallery 1.y BB=2 Improvement District No. 2 - Bid results for District Bonds Mr. White stated that, due to the fact ttiat.two prior bids received on September'13th did'not meet the requirements, both bids -were rejected, thus causing this matter to be `readvertised'for September 27, 1966, at 2:00 P.M. Mr. White further stated that three bids' were received, two of which met the requirements of the .statutes. This information was given to the special bond counsel and it is their recommendation that the•bid be given to the low bidder, Stone $ Youngberg and Associates. RESOLUTION NO. 108-66.. RESOLUTION AUTHORIZING SALE OF D TRICT NO. 2, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA Mr. White read Resolution No. 108-66 in its entirety. MOTION: Councilman Bowen moved that Resolution No. 108-66 be.adopted. Mayor Surfluh seconded. Roll call vote: unanimously passed. B=3 ORDINANCE NO. 50. An Ordinance Amending the'Temporary Zoning Map o t e City of Morro Bay (2nd Reading) Mr. White read Ordinance No. 50 in its entirety for the second reading. MOTION: Councilman Bowen moved that Ordinance No. 50 be adopted. Councilman Keiser seconded.. Roll call vote: passed unanimously. MINUTES - City Council Meeting September 27, 1966 Page Four NEW BUSINESS C-1 Request for budgeted funds from Morro Bay Chamber of Commerce Mr. White read a letter dated September 19, 1966, from the Morro Bay Chamber of Commerce requesting a portion of the funds, in the amount of $7,170.00. The City Council has approved an.allocation of $8,265.00 in the 1966-67 budget. Mr. Norm Martignoni, President of the Chamber of Commerce, reviewed the requested amounts for the benefit of the Council and those pre- sent. A lengthy discussion among the members of the Council and audience regarding these expenditures was held. MOTION: Councilman Keiser moved that the amount of $7,170 be paid at the present time. Mayor Surfluh seconded. Roll call vote: passed unanimously. C-2 Resolution giving Notice of Completion of Select System Project No. 26 Mr. White reviewed the work completed in Select System Project No.. 26. RESOLUTION NO. 109-66.. RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR STREET CONSTRUCTION WORK, SELECT SYSTEM PROJECT NO. 26 Mr. White read Resolution No. 109-66 in its entirety. MOTION: Mayor Surfluh moved that Resolution No. 109-66 be adopted. Councilman Bowen seconded. Roll - call vote: passed unanimously. C-3 Request for approval of specifications for Harbor boat . Mr. Joe Spellacy, Director of Public Works, reviewed the specifi-. cations required for the Harbor boat, and stated the boat referred to, "The Bartender", has been highly recommended. He stated.these specifications would be put out for bid to numerous companies. MOTION: Councilman Bowen moved that we approve the specifi- cations as submitted and authorize said specifications be put out to bid under the terms of our budget. Councilman Keiser seconded. Mr. Joe Giannini recommended that a fathometer and small transmitter be added to the specifications. MINUTES - City Council Meeting September 27, 1966 Page Five a Councilman Mallery stated the specifications should require that it be twin engine and have a self -bailing cockpit. He further stated that if the Harbor Department is to get a boat it should be built locally, if possible, and to other specifications. A lengthy discussion ensued and comments made in favor of "The Bartender" were made by Chief Petty Officer Garrett of the U. S. Coast Guard Cape Porpoise and Harbor Patrolman, Tommy Yost. Mr. Giannini also recommended that the specifications require that the low bidder be bonded. Roll call vote: AYES: Councilmen Bowen, Keiser $ Mayor Surfluh NOES: Councilman Mallery TIME RESERVED FOR INDIVIDUAL ACTION D-1 Financial Report City Administrator presented two financial reportsfor Council con- sideration and approval. One was for the period July 16, 1966, thru and including August 15, 1966; and one for the period August 16, 1966, thru and including September 12, 1966. Councilman Mallery questioned Check No. 3214 in the amount of $6,429.15 payable to Peter M. Kardel, City Attorney. He indicated that he would not approve this particular item without seeing the appropriate billing.. Discussion held between the City Council, City Attorney and Mr. Mallery regarding the effect of the conflict of interest on the pending Harbor litigation. Councilman Keiser questioned Mr. Mallery's intentions in publishing a news article each week without securing factual information. Mayor Surfluh indicated to Mr. Mallery his thoughts in regards to Mr. Mallery's constant opposition to actions of the City Council since before his election and subsequent to his election. MOTION: Councilman Keiser moved that the expenditures for the period July 16, 1966 to August 15, 1966. and from August 16, 1966 to September 12, 1966, be approved. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bowen, Keiser & Mayor Surfluh NOES: Councilman Mallery MINUTES - City Council Meeting - September 27, 1966 Page Six DD=2 Mr. Phelan, City Attorney, made a brief report on the correspondence received from the City of Santa Maria regarding the Field Act of 1933, and stated it"is 'their recommend- ation that no action be taken at this time. Mr. Phelan also stated .that the'City Attorney would he more than happy to review Mr. Mallery's conflict of interest with Mr.,Mallery and his counsel. Discussion held. CORRESPONDENCE 1. Letter from Senator Vernon L. Sturgeon dated September 15, 1966, re: Resolution of. Appreciation" 2. Letter from Kathryn Limon dated September 26,. i966, re planting flowering eucalyptus' trees around the parking lot. of Morro Bay Rexall drug store. Discussion held. MOTION: Councilman Mallery moved to direct the staff to gather additional information on planter installation for report back. Councilman Bowen seconded. Motion passed unanimously. 3. Card of congratulations from Mrs..Edith'.Noyes 4. Legislative Bulletin from League of Calif. Cities dated September 1S, 1966, re: Digest of 1966 Legislation affecting cities S. Letter from The Secretary of Commerce dated'August 19, 1966', re: Youth Opportunity Campaign 6. Invitation to participate in the Arroyo'_Grande•Harvest Festival Parade. 'Referred to Chamber of Commerce. 7. Minutes of Small Craft Harbors Commission meeting held August 22, 1966. 8. Brochure, "Warning", source unknown MOTION: Mayor Surfluh moved that the correspondence be filed. Councilman Bowen seconded. Motion carried. Councilman•Keiser asked if any information was available regarding an ambulance.service. Mr. White informed Councilman Keiser that a brief report has been completed by Chief Rieger, but further.infor- mation will be gathered and presented to the Council at the next regular Council meeting." MINUTES - City Council Meeting September 27, 1966 Page Seven ADJOURNMENT MOTION: Councilman Bowen moved that this meeting be adjourned. Mayor Surfluh seconded. Motion passed unanimously. Meeting adjourned at 9:S6 P.M. RECORDED BY: C. TED WHITE, City Clerk a NOTICE OF SPECIAL MEETING Under the provisions of Section 54956 of the Government Code of the State of California, notice is hereby given that a special meeting and executive session of the City Council and Planning Commission of the City of Morro Bay has been called by the Mayor to convene at 8:45 A.M. on Saturday, September 24, 1966, at the Morro Bay Recreation Hall, Dunes and Shasta Streets. The business to be transacted is the oral interview of applicants for the position of Director of Planning and Building for the City. DATED: September 22, 1966 2, C. TED WHITE, City Clerk City of Morro Bay, California 6 W] MINUTES - City Council Special Meeting • September 15, 1966 9:00A.M. Morro Bay Veterans Memorial Hall This meeting was called by the Joint Legislative Committee on Tide- lands and is under the chairmanship.of Senator Vernon L. Sturgeon. Senator Sturgeon called the meeting —to order at - approximately 9:20 A.M. and he asked those in attendance to introduce themselves. Those present were: Representing the State of California: Senator Vernon L. Sturgeon; Senator Donald L, Grunsky; Assemblyman John C. Williamson; Charles Baldwin, Committee Consultant; Jay L. Shavelson, Assistant Attorney .General; Paul M..Joseph, Deputy Attorney General; Richard Golden, ,Assistant Executive Officer, State Lands Commission; Les Grimes; Land Agent, State Lands. Commission. Representing the County of San luis Obispo: Fred Kimball, Chairman, County Board of Supervisors; Sam Borradori, Supervisor; Lyle Carpenter, Supervisor; Roland Gates, Supervisor; Hans Heilman, Supervisor; B. D. Conrad, County Administrative Officer; James Powell, District Attorney; Bud Johnson,, Deputy District Attorney; Norm Rich, County Assessor's Office; Charles Davis, County Assessor's Office; Lillian Stewart, Deputy County Clerk. Representing the City of Morro Bay; J. S. Surfluh, Mayor; Wayne E. Bickford, Councilman; Paul Bowen, Councilman; Lila H. Keiser, Councilman; C. Ted White, City Adminis- trator; Peter M. Kardel, City Attorney; Michael V. McIntire, City Attorney; Michael J. Phelan, City Attorney; David Ingram, City Appraiser. Others in attendance: Wesley E. Mallery, City Councilman, City of Morro Bay. Discussion was held regarding compliance of the City and the County with the provisions of the Brown Act, and a course of action was dis- cussed. Senator Sturgeon directed this meeting be opened to the public at this time. Mayor Surfluh, on behalf of the City, then declared to the members of the City Council that this meeting was open.and entertained a motion to adjourn to executive session. MOTION: Councilman Bickford moved to adjourn to executive session to discuss current litigation. Seconded ,by Councilman Bowen. Passed unanimously. 0 MINUTES - City Council Special Meeting September 15, 1966 Page Two V The County of San Luis Obispo also adjourned to executive session and Senator Sturgeon directed that the meeting was now in executive session and therefor closed to the -public. Michael J. Phelan, City Attorney, asked the Chair for time to pre- sent to the Committee the matter of the conflict of interest of one member of the City Council. On behalf of the City, he asked the County and the State to recognize the appearance of Councilman Wesley E. Mallery as a citizen and'not as a participating members of the City Council. Discussion was held regarding this matter by members of the Committee and the City Council. The Chairman, Senator Sturgeon; Jay Shavelson, Assistant Attorney General; and James Powell, District Attorney, indicated that they• would recognize Mr. Mallery as a private citizen and not as a rep- resentative of the City.' By mutual consent of all parties, it was .recognized that anything said at this executive meeting .would not be admissable as evidence in any court action. Assemblyman James t. Whetmore, member of the' Committee, arrived and was introduced by the Chair. The Chair then recognized the County of San'Luis Obispo, who proceeded to make their presentation to the Committee.' At the conclusion of the County's presentation, the City was represented initially by Michael J. Phelan, City Attorney. At 11:45 A.M., the Chair indicated.that the meeting would recess to 1:30 P.M. MOTION: Councilman Bickford moved that the City Council recess at this time and reconvene at 1:30 P.M. Councilman Keiser seconded. Passed unanimously. The meeting reconvened at 1:35 P.M. Mayor Surfluh declared the City Council to be in session at this.time. Senator Fred S. Farr arrived and was introduced -by the Chairman'.- The Committee Consultant, Charles Baldwin, reviewed the morning.discussion for the benefit of Senator Farr. - The City Attorney and his staff made the presentation for the City at this time. At 3:22 P.M. the Chair. called for a short recess at 3:34 P.M. Meeting reconvened MINUTES - City Council Special Meeting September.15, 1966 Page Three The meeting continued and discussion held in depth by all those present regarding a proposed settlement of the current litigation. No settlement proposal was agreed upon by the City and County at this meeting and it was the wish of both the County and'the City that they again meet to further pursue a possible settlement. After conferring with those present, the Chair determined that. the next settlement conference between the City and County, to be chaired by the Joint Legislative Committee on Tidelands, would be held at 9:00 A.M. on October 21, 1966, at the Morro Bay Veterans Memorial Hall. This meeting will also be an.executive session. The Chairman, Senator Sturgeon, asked if it was the wish of the City and County to issue a joint news release on today's meeting, and they so indicated that this would be proper. A news -release was prepared -by Senator Sturgeon to be issued froin the Morro Bay City Hall on this date. The Chair declared the meeting adjourned at approximately 8:35'P.M. MOTION: Councilman Bickford moved that the City Council adjourn. Mayor'Surfluh seconded.. Passed . unanimously. Meeting adjourned at 8:35 P.M., RECORDED BY: 2-kLif-, C. TED WHITE, City Clerk r, MINUTES - City Council Adjourned Meeting Executive Session September 15, 1966 8:30 A.M. City Hall Conference Room Mayor Surfluh called the meeting to order at 8:38 A.M. and noted that this meeting was adjourned from the regular meeting held September 13, 1966 to this time and place. ROLL CALL Present: Councilmen Bickford,.Bowen, Keiser & Mayor',Surfluh Absent; Councilman Mallery Others present: City Attorneys,:Peter M. Kardel, Michael V. McIntire and Michael J. Phelan; David Ingram; Appraiser; and C. Ted White, City Administrator. Discussion held regarding today's meeting called by the Joint Legislative Committee on Tidelands and the,County of San Luis Obispo for the purpose of further reviewing the possible*settle- ment of the current litigation by and between the City and the County. MOTION: Councilman Bickford moved that this meeting be -adjourned to the Veterans Memorial Hall in Morro Bay. Seconded by Councilman Bowen. Passed unanimously. Meeting -adjourned at 8:55 A.M. RECORDED BY: C. TED WHITE, City Clerk NOTICE OF SPECIAL MEETING Under the.provisions of Section 54956 of the Government Code, notice is hereby given that an Executive Session of the City Council of the City of Morro Bay has been called by the Mayor to convene at 10:00 A.M. on Tuesday, September 13, 1966) at the Morro Bay City Hall, 595 Harbor Street, Morro Bay, California. The business to be transacted is the pending liti- gation between the City and the County of.San Luis Obispo.. Notice is also hereby given that a further Executive Session will be held jointly•with the Board of Supervisors of the County of San Luis Obispo on September 15, 1966, at 9:00 A.M. in the Veterans Memorial Building, Surf and West Streets, Morro Bay, California., to tranact business pertaining to.the pending liti- gation between the City and the County of San Luis Obispo. DATED: September 12, 1966 C. TED WHITE, City•'Clerk City of Morro Bay, California . r AFFIDAVIT OF SERVICE' I, MALCOLM J. LITTLE, do hereby certify that I personally. delivered a Notice of Special Meeting of the City Council of the City of Morro Bay to be held on September 13, 1966 in the Morro Bay City Hall, and on September 15, 1966 in the Veterans Memorial Building, Morro Bay, California, to at A.M. on September 12, 1966 at Morro Bay, California. MALCOLM J. LITTLE CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing.Affidavit of Service was duly sworn to by Malcolm J..Little and recorded in my office on the 12th day of September, 1966. C. TED WHITE, City Clerk AFFIDAVIT OF SERVICE I, MALCOLM J. LITTLE, do hereby certify that I personally delivered a Notice of Special Meeting of the City Council of the City of Morro Bay to be held on September 13, 1966 in the Morro Bay City Hall, and on September 15, 1966 in the Veterans Memorial Building, Morro Bay, California, to Mr. Harwood of The Sun at 8:34 A.M. on September 12, 1966 at 696 Morro Bay Boulevard , Morro Bay, California. MALCOLM LfTTLE CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing Affidavit of Service was duly sworn to by Malcolm J. Little and recorded in my office on the 12th day of September, 1966. C. TED WHITE, City Clerk (SEAL) AFFIDAVIT OF SERVICE I, MALCOLM J. LITTLE, do hereby certify that I personally delivered a Notice of Special Meeting of the City Council of the City of Morro Bay to be held on September 13, 1966 in the Morro Bay City Hall, and on September 15, 1966 in the Veterans Memorial Building, Morro Bay, California, to Councilman Wesley Mallery at 8:53 A.M. on September 12, 1966 at 195 Kern Avenue Morro Bay, California. MALCOLM J. T- LE CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing Affidavit of Service was duly sworn to by Malcolm J.. Little and recorded in my office on the 12th day of September, 1966. C. TED WHITE, City Clerk (SEAL) N AFFIDAVIT OF SERVICE. I, MALCOLM J. LITTLE, do hereby certify that I personally delivered a Notice of Special Meeting of the City Council of the City of Morro Bay to be held on September 13, 1966 in the Morro Bay City Hall, and on September IS, 1966 in the Veterans Memorial Building, Morro Bay, California, to Councilman Wayne Bickford at 9:00 A.M. on September 12, 1966 at 180 Atascadero Road , Morro Bay, California. MALCOLM . LIT LE CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing Affidavit of Service was duly sworn to by Malcolm J. Little and recorded in my office on the 12th day of September, 1966. C. TED WHITE, City Clerk (SEAL) rI AFFIDAVIT OF SERVICE I, C. TED WHITE, do hereby certify that -I personally delivered a Notice of Special Meeting of the City Council of the City of Morro Bay to be held on September 13, 1966 in the Morro Bay Ci.ty Hall, and on September 1S, 1966 in the Veterans Memorial Building, Morro Bay, California, to Councilman Paul Bowen at 9:00 A.M. on September 12, 1966 at 595 Harbor Street, Morro Bay, California. n !,' C. TED WHITE, City Clerk AFFIDAVIT OF SERVICE I, MALCOLM J. LITTLE, do hereby certify that I personally delivered a Notice of Special Meeting of the City Council of the City of Morro Bay to be held on September 13, 1966 in the Morro Bay City Hall, and on September 15, 1966 in the Veterans Memorial Building, Morro Bay, California, to Councilman Lila Keiser at 9:OS A.M. on September 12, 1966 at 929 Pecho Drive , Morro Bay, California. MALCOLM : LIT LE CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing Affidavit of Service was duly sworn to by Malcolm J. Little and recorded in my officeon the 12th day of September, 1966. C. TED WHITE, City Clerk (SEAL) AFFIDAVIT OF SERVICE I, MALCOLM J. LITTLE, do hereby certify that I personally delivered a Notice of Special Meeting of the City Council of the City of Morro Bay to be held on September 13, 1966 in the Morro Bay City Hall, and on September 1S, 1966 in the Veterans Memorial Building, Morro Bay, California, to Mayor J. S. Surfluh at 9:15 A.M. on September 12, 1966 at 3,50 Shasta Avenue , Morro Bay, California. MALCOLM /LITTLE CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing Affidavit of Service was duly sworn to by Malcolm J. Little and recorded in my office on the 12th day of September, 1966. C. TED WHITE, City Clerk (SEAL) MINUTES - City Council Meeting EXECUTIVE SESSION September 13, 1966 10:00 AM City Hall Conference Room Meeting was called to order at 10:13 A.M. by Mayor Surfluh.'. PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: None Others present: City Administrator, C. Ted White; City Attorneys, Peter M. Kardel and Michael McIntire; and Mr. David Ingram, M.A.I. appraiser. Mayor Surfluh indicated that this meeting was called to discuss the current litigation and that notice was duly given and asked each councilman if they were in receipt of the specified notice. They all indicated that they had received said notice. The City Attorney notified the Council of the conflict of interest of Councilman Mallery and referred to his opinion letters of August 3 and September 6, 1966. Councilman Mallery was asked if he would like a public or private hearing of the conflict and he indicated that it might be in order. Discussion was held in depth by, members of the Council and staff regarding the conflict of interest. Councilman Mallery stated that he felt there is no direct conflict of interest, only a remote conflict'and he'asked that the Council vote to substantiate his participation or non -participation atthis executive session or other meetings involving litigationihat the City' is involved in. , MOTION: Councilman Bickford.moved that'based on the City Attorney's opinions stated in letters of August 3 and September 6, 1966, that Wesley E. Mallery be excluded from this executive session and future executive sessions dealing with City -County liti- gation; provided that Councilman Mallery shall not be excluded from'any portion or portions of any executive session or sessions at which the County of San Luis Obispo representatives are present. Seconded by Councilman Keiser. Roll call vote: AYES: Councilmen Bickford, I Bowen, Keiser f, Mayor Surfluh NOES: None ABSTAINED: Councilman Mallery Councilman Mallery stated "that 'in the best interest of the people of Morro Bay, I leave this executive session under protest rather than jeopardize the September 15th meeting". . 4) MINUTES - City Council Meeting Executive Session September 13, 1966 Page Two City Attorney asked Councilman Mallery to;consider meeting in public or executive session with his attorney,.if he desires, to discuss the conflict of interest question.' Councilman Mallery left the meeting at 11:20 A.M. Mayor Surfluh asked the City Attorney to proceed with his review of the pending litigation between the City and the County. City Attorney asked Mr. David Ingram, M.A.I. appraiser, to present factual data regarding the.work that he was to do for the City in regards to the current litigation. Mr. Ingram related his findings to the Council and discussion was held in depth regarding said findings. On the completion of Mr. Ingram's presentation, it was recommended that the following reso- lution be considered by the Council. RESOLUTION NO. 102-66. RESOLUTION RE: APPRAISER FOR MORRO Y AR R. MOTION: Councilman Keiser moved that resolution no. 102'-66 be adopted. Seconded by Councilman Bickford. Roll call vote, unanimously passed. Further discussion held relative to the forthcoming September 15th meeting with the State Tidelands Committee. It was determined that the City Council would continue this meeting to 8:30 A.M. on Thursday, September 15, 1966. MOTION: Councilman Bowen moved that this executive session be adjourned to Thursday, September 1S, 1966, at 8:30 A.M. in the conference room of City -Hall. Seconded by Councilman Bickford. ,Passed unanimously. Meeting adjourned at 5:30 P.M. RECORDED BY: MINUTES - City Council Meeting September 13, 1966 Page Seven. OTHER BUSINESS 1. Councilmen Bowen F, Mallery made a brief report on the dedication of City Hall to be held Saturday, September 24th. 2. Joe Giannini.commented on the meeting to be held Thursday, September 15th between the City and'County and asked that it be a public meeting. Discussion was held and Mr. Giannini was informed that the Joint Legislative Committee on Tidelands had requested that it be an executive meeting. Further discussion held regarding notification to the public by City Hall when this meeting is opened to the public. MOTION: Councilman Keiser moved that the correspondence be filed. Councilman Bickford seconded. Motion passed unanimously. ADJOURNMENT MOTION: Councilman Keiser moved that we adjourn to a. brief executive session.in order to discuss a personnel matter. Councilman Bickford seconded. Motion passed unanimously. Meeting adjourned at 10:10 P.M. RECORDED BY: C-11 C. TED QWH1T1LAhJ�,Ci1ty4le*r— CITY OF MORRO BAY AGENDA - City Council Meeting September 13, 1966 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of August 23, 1966 HEARINGS, APPEARANCES $ REPORTS A-1 Public hearing on proposed rezoning of Blocks A; B, C; D, E, and F, Cerrito Addition, City of Morro Bay A-2 Report on street improvements and traffic control - Morro Bay Boulevard and Main Street A-3 Financial Report UNFINISHED BUSINESS B-1 Ordinance No. 49, Proposed Subdivision Ordinance (2nd reading) B-2 Lease of City property to Central Coast Investors - Lease Sites 200 and 201 B-3 Improvement District No.' 2-proceedings NEW BUSINESS C-1 Request to allow extension of time in which to take vacations C-2 Report from Auditor on annual audit C-3 Letter from the Department of Fish $ Game of the State of California regarding public hearing on application to. cultivate oysters in Morro Bay Harbor _ TIME RESERVED FOR INDIVIDUAL ACTION - City Council City Attorney CORRESPONDENCE ADJOURNMENT ,Calendar 1. Council Meetings: September 27 and October 11, 1966 2. Planning Commission Meetings: September 20'and October 4, 1966 MINUTES - City Council Meeting September 13, 1966 7:30 P.M. Morro Bay Recreation Hall Morro Bay, California Meeting was called to order at 7:47 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 of August 23, 1966, were considered. MOTION: Mayor Surfluh moved to dispense with the reading of the minutes of August 23, 1966. Councilman Bowen seconded. Motion passed unanimously. Mayor Surfluh asked if there were any corrections to be made to said minutes. MOTION: Councilman Bickford moved that the minutes be approved as written. Councilman Keiser seconded. Motion passed unanimously. HEARINGS, APPEARANCES $ REPORTS A-1 Public hearing on proposed rezoning of Blocks A, B, C, D, E, F, F. Cerrito Addition, City of Morro Bay. Mr. White reviewed the events leading up to this public hearing. Planning Commission Resolution No. 2-66 was then read in its entirety for the benefit of the Council and those present. Mayor Surfluh declared the public hearing open for discussion. Appearance was made by Mr. Dan Stack regarding the height limitation as proposed in the recommendations for rezoning from the Planning Commission. He requested that the Council reconsider and establish the height as IS feet from the highest point of the building site. Lengthy discussion was held regarding the recommendations of the Planning Commission and the request of Mr. Stack Mr. White notified the Council that any deviation from the recomend- ations of the Planning Commission would require that this matter be resubmitted to said Planning Commission for.further consideration and report back to the Council. He further suggested that any MINUTES - City Council Meeting September 13, 1966 Page Two changes relating to zoning be deferred until "the Land Use Map, which is presently being prepared by the planning consultant firm, has been received and considered by the Planning Commission. Further comments were received opposing the height limitation,as proposed,by the following: Katherine D. Walling, Ralph Villers and Bill Payne. There being no further appearances either for*or against the pro- posed rezoning, the Mayor declared the hearing closed. _ The City Administrator stated that if it is the Council's wish to proceed with the change of zoning in conformance with the reco- mmendations of the Planning Commission, an ordinance changing the zoning would be required. ORDINANCE NO. 50. AN ORDINANCE AMENDING•THE TEMPORARY G AP OF THE CITY.OF MORRO BAY Ordinance No. 50 was read in its entirety. MOTION: Councilman Bickford moved that we accept this reading as the first reading of Ordinance No. 50. Councilman Keiser seconded.. ,Roll call vote, passed unanimously. Second reading of Ordinance No.'50 to be September 27, 1966. A-2 Report on Street Improvements and Traffic Control - Morro Bay Boulevard and Main Street Mr. White reviewed this matter for the Council and stated that a memo was received from the Director of Public Works dated September 1, 1966, and a letter from the Division of Highways dated August 312 1966, relative to this matter wherein it was determined that it would not be economically feasible for the City to undertake the project of changing the double -double yellow lines on the two above -named streets. Discussion held among members of the Council and they concurred with the opinions of the Director of Public Works and W. D. Altus of the Division of Highways. A-3 Financial Report It was recommended that due to the fact that the Council has not had sufficient time to review the Financial Report that it be de- ferred until September 27, 1966. Mayor Surfluh entertained a motion to defer this until September 27, 1966. MOTION: . Councilman Bickford moved that this be deferred until the meeting of September 27, 1966. Council- man Bowen seconded. Motion passed unanimously. MINUTES - City Council Meeting September 13, 1966 Page Three UNFINISHED BUSINESS B-1 Ordinance No. 49, Proposed Subdivision Ordinance (2nd reading) MOTION: Councilman Bickford moved that Ordinance No. 49 be read by title only. Councilman Keiser seconded. Rollcall vote, passed unanimously.. Mr. White read Ordinance No. 49 by title only. MOTION: Mayor Surfluh moved that this constitute the second reading of Ordinance No. 49. Council man Bickford seconded. Motion passed unanimously. MOTION: Councilman Bickford moved that Ordinance No. 49 be adopted. Councilman Keiser seconded. Roll call vote, unanimously passed. B-2 Lease of City Property to Central Coast Investors - Lease Sites 200 & 201 Mr. Phelan, City Attorney, stated a lease had been prepared and a copy presented to Mr. Gallo, Attorney for Central Coast Investors, for his review. Mr. Gallo requested that he and Mr. Phelan meet. to discuss the proposed lease and asked that this matter be de- ferred until September 27, 1966. B-3 Improvement District No: 2 Proceedings Mr. White stated that bids .for the Improvement Bonds in Improvement District No. 2 were opened and the results were forwarded to the special bond counsel, and the bond counsel recommended that the Council reject these bids because they did not comply with the bid requirements. Discussion held among members of the Council. The City Administrator indicated that it would be in order for the City Council to reject the two bids as they were not acceptable in the form submitted and to readvertise for a bid opening to be held•. on September 27, 1966. MOTION: Councilman Mallery moved that we reject these two bids received on September 13, 1-966. Councilman Bickford seconded. `Passed unanimously. Mr. White read Resolution No. 103-66, RESOLUTION FIXING DATE OF BONDS AND DIRECTING PUBLICATION OF OFFICIAL NOTICE'INVITING BIDS FOR PURCHASE OF BONDS, IMPROVEMENT DISTRICT -NO. 2,.;CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, in,dis entirety. MINUTES - City Council Meeting September 13, 1966 Page Four MOTION: Councilman Bickford moved that Resolution No. 103-66 be adopted. Councilman Keiser seconded. Roll call vote, passed unanimously. NEW BUSINESS C-1 Request to allow extension of time in which to take vacations Mr. White reviewed the request of Chief Holeman to allow some mem- bers of the Police Department to extend their vacations into the coming year due to the fact that time and personnel do not permit them to take full 2-week vacations. Discussion held. Mr. White stated an amendment of the Personnel Rules $ Regulations will be presented to the Council for their consideration and action. C-2 Letter from Auditor on annual audit Mr. White read a letter from M. E. Willeford,.City Auditor, re- garding the annual audit. The report of the City Treasurer was presented to the Council for their consideration and review. Dis- cussion held among members of the Council. C-3 Letter from the Department of Fish $ Game of the State of California re: Public Hearing on application to cultivate oysters in Morro Bay Harbor. Mr. White read a letter from the California Department of Fish and Game regarding a request for franchise to cultivate shellfish in Morro Bay Harbor. Date of the public hearing is September 19th at the Morro Bay Recreation Hall. A map designating the two proposed areas was displayed for the benefit of the Council and those'pre- sent. Discussion held in depth regarding this matter among members of the Council and interested persons in the.audience. MOTION: Councilman Keiser moved that the Department of Fish and Game be apprised of the situation of our Harbor and what is intended,in the way -of development in future years. Mr. White suggested that this information be put in written form and presented at the public hearing. Councilman Bickford seconded the motion. Further discussion was"held and it was recommended that a member -of the Council go to the public hearing to represent the City. Motion carried.. MINUTES - City Council Meeting September 13,, 1966 Page Five Mayor Surfluh appointed Councilman Mallery to attend this meeting and speak on behalf of the City. TIME RESERVED FOR INDIVIDUAL ACTION - City Council & City Attorney 1. Lease Site 300, Green West Acres . City Attorney, Michael Phelan, stated that due to the fact that the attorney for Green West Acres had passed.away no action has been taken on this matter. As soon as a new attorney has been appointed, this matter will be pursued.. 2. Fire Apparatus Lease City Attorney stated the agreement with Bank of America seems to be in order and recommended that a resolution be,prepared authorizing the Mayor to execute the agreement. RESOLUTION NO. 104-66. RESOLUTION APPROVING LEASE AND OPTION AGREEMENT FOR FIRE APPARATUS City Attorney read Resolution No. 104-66 in its entirety MOTION: Councilman Bickford moved that Resolution No. 104-66 regarding the purchase of Fire Apparatus be approved. Councilman Bowen seconded. Roll call vote, unanimously passed. 3. Ambulance Service Councilman Keiser asked for a report on ambulance service. "Mr. White stated this will be presented at the Meeting of September 27th. 4. Discussion was held regarding installing street improve- ments in the vicinity of the Lomita Terrace Motel and of the traffic and pedestrian hazard that exists. The City Administrator indicated that funds have been budgeted this fiscal .year for re- design of this area for possible reconstruction during the next fiscal year. Further report will be made to the Council for. their consideration on completion of the engineering. CORRESPONDENCE 1. Memo from Ron Boone, Recreation Director, re: rescue of a young boy by a City lifeguard. Discussion was held regarding presenting the lifeguard with a certificate commending him on his outstanding efforts. Mr. White recommended that a resolution be written commending'this.boy. MINUTES - City Council Meeting September 13,' 1966 Page Six Further discussion held regarding posting signs warning the people of rip tides, and checking with the Coast Guard -re: putting a life boat station in. Mayor Surfluh suggested that the staff be directed to pursue this matter. ,Mt. White stated a report will be made to the Council regarding this matter. 2. 1 Letter from Ron Boone, City Recreation Director, thanking the Council for their efforts on behalf of the'Recreation program. 3. Questionnaire from the California Legislature Assembly Interim Committee on Ways $ Means re: purchase of street and traffic signs. 4. Letter from Division of Highways dated September 8, re:. monthly apportionment $ payment of'funds under the provisions of Section 186.1 of the Streets 6 Highways Code;. S. Questionnaire from S.L..O. County F1ood.Control $ Water Conservation District dated August 19, 1966, re: data in the field of water production and consumption for,the fiscal"year ending June 30, 1966. 6. Notice from Division of Highways.dated August 26, re: rescheduling date of workshop session on'Scenic Highways to November 16, 1966. 7. Notice from California Navigation Conference re: annual fall meeting to be held Friday, September 23, 1966. 8. Letter from Fred H. Lucksinger, Foreman, 1966 Grand Jury, requesting Mayor Surfluh to be present at'water meeting on September 14, 1966. 9. Letter from S.L.O. City Economic Development Committee , dated August 25, 1966, re: manufacture of metal office furniture by the State, asking the City Council to oppose this action. Discussion held among members of the Council wherein it was determined that no action would be taken to oppose this action of the State. 10. Letter from City of Santa Maria urging Council action re: current application of the Field Act on school buildings. MOTION: Councilman Mallery moved that this be referred to City Attorney for review and report back. Councilman Bickford seconded. Passed unanimously. 11. Letter of appreciation from J. R. Offutt, Jr., Commanding Officer of U. S. Coast Guard Cutter Cape Porpoise re:."Operation Webfoot". 12. Letter $ Notice from the Southern California Civil Defense $ Disaster Association re: meeting to be held September 16 6 17 in Santa Barbara. 0 CITY OF MORRO BAY AGENDA - City Council Meeting August 23, 1966 - 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of August 9, 1966 2. Adjourned meeting of August 12, 1966 3. Adjourned meeting of August 17, 1966 HEARINGS, APPEARANCES F, REPORTS A-1 Appearance of City Neon, Inc. appealing denial of sign application for the Harbor Hut Restaurant, Morro Bay. A-2 Report of City Safety Committee on need of safety equipment. UNFINISHED BUSINESS B-1 Matter relating to installation of improvements on Lease Sites 200 and 201. B-2 Ordinance No. 47, Salary of City Treasurer, second F, final reading. B-3 Ordinance No. 48, Amending Bed Tax Ordinance, second $ final reading. B-4 Improvement District No. 2 proceedings. B-5 Resolutions expressing appreciation to Congressman Talcott, Senators Kuchel, Murphy and Sturgeon. B-6 Contract for fire apparatus. NEW BUSINESS C-1 Ordinance No. 49, Proposed Subdivision Ordinance (first reading) C-2 Request of Al DeSimone for change in traffic control markings adjacent to his place of business. C-3 Request of Morro Bay High School PTA for permission to use City property during Rock-O-Rama. C-4 Request of Morro Bay Taxpayer's Association to be furnished copies of minutes of meetings and expenditure reports C-5 Resolution approving cooperative agreement for Highway lighting. TIME RESERVED FOR INDIVIDUAL ACTION - City Council $ City Attorney G CORRESPONDENCE ADJOURNMENT Calendar 1. Council Meetings: September 13 and September 27, 1966 2. Planning Commission Meetings: September 6 and September 20, 1966 CITY OF MORRO BAY AGENDA - City Council Meeting August 23, 1966 7:30 P.M. Morro Bay Recreation Hall ADDENDA The following items to be added to the agenda for the meeting of August 23, 1966: UNFINISHED BUSINESS B-7 Resolution setting tax rate for 1966/67 fiscal year for General Fund purposes. B-8 Resolution setting tax rate for 1966/67 fiscal year for Sewer Bond Redemption. c MINUTES - City Council Meeting August 23, 1966 7:30 P.M. Morro Bay Recreation•Hall Meeting was called to order at 7:40 P.M. with the pledge of allegiance. Mayor Surfluh gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery F, Mayor Surfluh ABSENT: None MTNIITRq - Minutes of the regular meeting of August 9, 1966, and adjourned meetings of August 12 and 17, 1966, were considered. MOTION: Mayor Surfluh moved to dispense with the reading of said minutes. Councilman Bickford seconded.. Motion passed unanimously. Mayor Surfluh asked if there were any corrections to•be made to the minutes. MOTION: Councilman Bickford moved that the minutes of August 9, 12 and 17, 1966 be approved 'as, written. Councilman Bowen seconded. Motion passed unanimously. HEARINGS, APPEARANCES AND REPORTS: A-1 Appearance of City Neon, Inc. appealing denial of sign application for the Harbor Hut Restaurant Mr. White reviewed the. action of the Planning Commission in denying this application for an on -site sign. William Gilfeather, representing City Neon, Inc. described the•proposed sign for the benefit of the Council. Discussion held. MOTION: Councilman Keiser moved that we adhere to the recommendations made by the Planning Commission regarding this sign, and to deny the request. Councilman Bickford seconded. Further discussion held amongmembers of the Council— Roll call vote: unanimously passed. A-2 Report of"City Safety Committee The City Administrator reviewed the findings and recommendations of the City Safety Committee, made up of representatives of each City De- partment, regarding the'need for safety equipment. He.requested that the Council consider the recommendations of the Safety Committee.and that the required equipment be purchased. The two recommendations MINUTES - City Council Meeting August 23, 1966 Page Two consisted of safety belts for those, vehicles. not presently equipped with same, and coveralls for employees at the Wastewater Treatment Plant. MOTION: Councilman Bickford moved that the purchase of safety belts for this equipment be approved. Councilman Bowen seconded. Motion passed unanimously. MOTION: Councilman Bickford moved than we establish a• service with a local linen service supply for the necessary coveralls for the protection .of the employees of the sanitary district: Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser & Mayor Surfluh NOES: Councilman Mallery UNFINISHED BUSINESS: B=1 Matter relating to installation of improvements on Lease Sites 200 and 201. 1. Mr. White presented approximate cost figures for stabil- izing the banks of Morro Creek to the Council for their consideration. Lengthy discussion ensued regarding whether Central Coast Investors or the City is to assume the financial responsibility for this pro- ject. MOTION: Councilman Mallery moved that the City assume the financial responsibility and engineering responsibility to put in the Morro Creek bank protection, this to be done at the convenience of the City. Councilman Bowen seconded. Further discussion held regarding the requirements of the lessee in protecting the banks until such time as the City can complete the stabilization of the remainder of Morro Creek. City Attorney recommended that there be a condition that in the interim period, prior to the City's actually performing the Creek. stabilization, that the lessee would be responsible for the Creek stabilization on the lease site itself. Further discussion held regarding the City's responsibility in stabilizing the entire Creek and that this be contingent on the City reaching an agreement with Central Coast Investors.and their ability to finance this project. Matters relating to the type of bank pro- tection to be used by the lessee were also discussed. MINUTES - City Council Meeting August 23, 1966 Page Three City attorney recommended the following wording for the motion before the Council: The City to assume the entire financial responsibility for the construction necessary for creek stab,ilization with the provisions that prior to the City's actual construction of the necessary improvements for stabilization, that Central Coast Investors maintain the existing banks by the use of sand bags and similar devices to City specifications,.and that no permanent or semi -permanent fixtures such as cement or concrete rip rap be deposited in the Morro Creek bed and that the entire committment of the City is contingent upon the successful con- summation of the Central Coast Investors lease. The rephrasing of the original motion was agreed to by Councilman Mallery, who made said motion, and Councilman.Bowen, who seconded said motion. Roll call vote: AYES: Councilmen Bowen, Keiser, Mallery $ Mayor Surfluh NOES: Councilman Bickford Discussion held regarding the time within which these improvements are to be made. Mayor Surfluh directed the staff to report back at the next meeting. 2. Sewers: MOTION: Councilman Bickford moved that the sewer charge be assessed to this property at the same rate that would be assessed to a subdivision, namely.$300, per acre. Councilman Keiser seconded. Motion passed unanimously. 3. Soil Stabilization within the lease site itself: Discussion held regarding the type of grass to be used on the lease site as proposed by Central Coast Investors. Mr. White recommended that this matter be left to the discretion of..the Planning Commission. Staff to report back regarding Kikuku Grass. 4. Utilities: Discussion held regarding undergrounding of utilities to include street lighting, electrical service and all'other utilities for both on -site and off -site development. It was determined by this discussion that the lessee would install street lighting from a point of connection in the vicinity of the Wastewater Treatment Plant along the road to and across the front of the lease site.. Street lighting.poles to be of an approved type for underground•electrical installation. MINUTES - City Council Meeting August 23, 1966 Page Four MOTION: Councilman Bickford moved that the lessee be required to underground all utilities and provide approved street lighting poles. Councilman Bowen seconded. Further discussion held regarding the aforementioned motion. Councilman Bickford clarified his motion by.stating: "My intent is that the lessee should install appropriate street lights and underground utilties for their development, as well as this road leading to the development, both on -site and off -site." Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser F, Mayor Surfluh NOES: Councilman Mallery. 5. Curbs, Gutters and Sidewalks: Discussion held in depth regarding the necessity of having curbs, gutters and sidewalks the full width of the lease sites, and the width of the sidewalks. MOTION: Councilman Bickford moved that the lessee install curbs,,gutters and sidewalks in front of lease . sites 200 and 201 in accordance with their develop- ment phase. Councilman Bowen seconded. Discussion was held regarding the fact that there is=no•Master Plan for the City as yet, and the possibility that the proposed location of the curbs, gutters and`sidewalks may be changed. . Roll call vote: AYES: Councilmen Bickford,' Bowen, Keiser 4-Mayor Surfluh NOES: Councilman Mallery 6. Streets: Discussion held regarding the cost -sharing factor -for the paving of the two lane road, and the exact location of the proposed paved road. MOTION: Councilman Mallery moved that we participate with the lessee on a 50/50 basis for the two lane road from the northwest corner of the Wastewater•Treai- ment Plant to the northwest boundary of Lease'Site 201. Further discussion held among members of the Council. Councilman Mallery amended his motion to add: The City will do the work and the lessee will share the cost. Councilman Bickford seconded.' Further discussion held. Motion carried.• • • MINUTES - City Council Meeting August 23, 1966 Page Five RECESS: 9:35 P.M. RECONVENED: .9:45 P.M. 7. Road in front of the lease site. MOTION: Councilman Keiser moved that the lessee pay.for the paving of the road, that would be 24 feet wide and . approximately 760 feet long in front of lessee's property, which would be Phase One of their develop- ment. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser & Mayor Surfluh NOES: Councilman Mallery Discussion held regarding a requirement for a bond, based upon Central. Coast Investor's proportionate share of the total cost"as fixed by the amount of the bid accepted by the City for construction of the curbs, gutters, sidewalks and streets. Mr. Jenkins, representing Central Coast Investors, stated that a deposit of cash in -lieu of a bond would be preferable to Central Coast Investors. Discussion also held regarding the requirements for streets, curbs, gutters and sidewalks on the phase Two development. MOTION: Councilman Bickford moved that the Phase Two develop- ment of their current plan would require the same treatment for curbs,.gutters, sidewalks and streets as Phase One development to the area outside of the creek. Councilman Keiser seconded.. Rollcall vote: AYES: Councilmen Bickford, Bowen, Keiser $-Mayor Surfluh NOES: Councilman Mallery Discussion held regarding the treatment of all undeveloped lands in the future. Staff to report back on the cost of constructing a.bridge across Morro Creek. MOTION: Councilman Mallery moved that the City build the bridge or interim crossing at the expense of the City. Councilman Bowen seconded. Motion carried unanimously. B=2 ORDINANCE NO. 47, Salary of City Treasurer Mr. White read Ordinance No. 47 in its entirety for the.second and final reading. MOTION: Councilman Bowen moved that Ordinance No. 47 be adopted. Councilman Keiser seconded. Roll call vote, passed unanimously. B=3 ORDINANCE NO. 48, Amending Bed Tax Ordinance Mr. White read Ordinance No. 48 in its entirety for the second and final reading. MOTION: Councilman Bowen moved that Ordinance No. 48 be adopted. Mayor Surfluh seconded. Roll call vote, passed unanimously B-4 Improvement District No. 2 Proceedings (1) RESOLUTION NO.�91-66. RES. CONFIRMING LIST ;OF UNPAID ASSESSMENTS A D RE STING THAT,THE.AUDITOR OF.THE COUNTY OF SAN LUIS OBISPO, CALIFORNIA,,SHALL.MAKE:EX- TENSION OF INSTALLMENTS ,THEREOF ON THE TAX ROLLS,IN IMPROVEMENT DISTRICT NO. 2, CITY OF MORRO'BAY, COUNTY OF SAN LUIS OBISPO,.STATE OF CALIFORNIA Resolution No. 91-66 was read in its entirety. MOTION: Mayor Surfluh moved that Resolution.No. 91-66 be adopted. Councilman Bickford seconded. "Roll call vote, unanimously -passed. (2) RESOLUTION NO'. 92-66. RES. FIXING DATE OF BONDS AND DIRECTING PUB—L—T—CATT—ON OF OFFICIAL NOTICE INVITING BIDS FOR PURCHASE OF BONDS, IMPROVEMENT DISTRICT N0. 2, CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA . City Attorney, Michael Phelan, read Resolution No. 92-66 in its.entirety. MOTION: Mayor Surfluh moved that Resolution 92-66 be adopted. Councilman Bickford seconded. Roll call vote, unanimously passed. Exhibit 'A' to Resolution,No: 92-66, Official Notice Inviting Bids, was prepared by,the special bond counsel and reviewed by the.City Attorney's office and appears to be,in proper order. MOTION: Councilman Bickford moved to dispense -with :the reading of the bid procedures. Mayor Surfluh seconded. Motion . passed unanimously.,, (3) RESOLUTION 93-66. RES. ESTABLISHING MATURITY SCHEDULE FOR B ISSUED IN IMPROVEMENT DISTRICT NO. 2, ; CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. Mr. White read Resolution No. 93-66 in its entirety. He then summar- ized the maturity schedule of fhe bonds for the benefit of the Council and those present. MOTION: Councilman Bowen moved that. Resolution '93-66 be adopted. Mayor'Surfluh seconded. .Roll call vote,' . unanimously passed. BB=5 (1) RESOLUTION NO. 94-66. RES. EXPRESSING -APPRECIATION FOR THE EFFORTS F 0 GR SMAN BURT L. TALCOTT IN PRESERVING MORRO ROCK FOR THE PEOPLE OF THE CITY OF'MORRO BAY, STATE OF CALIFORNIA AND THE NATION. - a City Attorney., Michael Phelan, read Resolution No: 94-66 in its' entirety. MINUTES - City Council Meeting August 23, 1966 Page Seven MOTION: Councilman Bowen moved that Resolution No. 94-66 be adopted. Councilman Keiser seconded. Roll call vote, passed unanimously. (2) RESOLUTION NO. 95-66. RES. EXPRESSING APPRECIATION FOR EFFORTSTHE F SENATOR THOMAS KUCHEL IN PRESERVING MORRO ROCK FOR THE PEOPLE OF THE CITY OF MORRO BAY, THE STATE OF CALIFORNIA AND THE NATION Resolution No. 95-66 was read in its entirety. . MOTION: Councilman Bickford moved that Resolution No. 95-66 be adopted. Mayor Surfluh seconded. Roll call vote, passed unanimously.- (3) RESOLUTION NO. 96-66. RES. EXPRESSING'APPRECIATION FOR THE EFFORTS ATOR GEORGE MURPHY•IN,PRESERVING MORRO ROCK FOR THE PEOPLE OF THE CITY OF MORRO BAY, THE STATE . OF CALIFORNIA AND THE NATION. MOTION: Councilman Bowen moved that Resolution No..'96=66 be read by title only. Councilman Bickford seconded.. Roll call vote, passed unanimously.. Resolution No. 96-66 was read by .title only. MOTION: Councilman Bowen moved for the adoption of Resolution• No. 96-66. Councilman Bickford seconded. Roll call vote, unanimously passed. (4) RESOLUTION NO. 97-66. RESOLUTION EXPRESSING APPRECIATION ' SENATORTO STATE VER ON L. STURGEON. City Attorney, Michael Phelan, read Resolution No. 97-66 in its entirety. MOTION: Councilman Mallery moved that Resolution No..97-66 be adopted. Councilman Bickford seconded.` Roll call vote, unanimously passed.• BB=6 Contract for.Fire Apparatus. City Attorney stated the contract has not,been returned by the Bank, however, it is expected within two weeks. This matter deferred until the next regular Council meeting on September 13, 1966. B-7 RESOLUTION NO. 98-66. RES. SETTING TAX RATE FOR 1 A AR FOR GENERAL FUND PURPOSES. The appropriation schedule was reviewed for the benefit of the Council and those present. Resolution No. 98-66 was then read.in,its entirety. MOTION: Mayor Surfluh moved that $.79 cents be inserted in said resolution. Councilman Bowen seconded. Motion carried unanimously. MINUTES - City Council Meeting August 23, 1966 Page Eight MOTION: Mayor Surfluh moved for the adoption of Resolution No. 98-66. Councilman Bickford seconded. Roll call vote, passed unanimously. B-8 RESOLUTION NO. 99-66. RESOLUTION SETTING TAX RATE . RFISCAL YEAR FOR SEWER BOND REDEMPTION Mr. White read Resolution No. 99-66 in its entirety. MOTION: Councilman Bickford moved that Resolution No. 99-66 be adop.ted.,Mayor Surfluh seconded. 'Roll call vote, unanimously passed... '. NEW BUSINESS CC=1 ORDINANCE NO 49, Proposed Subdivision Ordinance. Mr. White informed the Council that the questions raised by the public utility companies had been referred to the Planning Commission for clarification. He then summarized the'proposed recommendations of the Planning Commission. It was recommended that -due to the'length of the Subdivision Ordinance it be read by,title only. MOTION: Councilman Mallery moved that the amendments, as - proposed by the Planning Commission, for the Sub- division Ordinance be included. Councilman Bickford seconded. Motion passed unanimously., MOTION: Councilman Bickford moved that Ordinance No. 49 be read by title only. Mayor Surfluh seconded. Roll call vote, passed unanimously.,,, MOTION: Councilman Bowen moved that Ordinance No. 49 be accepted for first reading. Councilman Bickford seconded. Motion passed unanimously. Second reading of Ordinance No. 49 to be September 13, 1966. C-2 Appearance of Al DeSimone for change in traffic control markings in front of his place of business. . Mr. White read a letter received from Mr. DeSimone regarding the double -double yellow lines in front of his ,business and requesting to be placed on the Agenda for tonight's meeting. . Discussion held in depth regarding the fact that this project was funded by gas tax funds and therefore is controlled by the State.' Comments were heard from Mr. DeSimone; Mr: Kennedy, representing the Shell Station at Beach and Main Street; and Mr. Abruscato who owns property on Main and Beach Street, asking that this condition be corrected. .. MINUTES - City Council Meeting, August 23, 1966 Page Nine MOTION: Councilman Keiser moved that the Council instruct.. - the City.Administrator to set up a meeting with the, State Highway representatives;.and if necessary; ask our Legislator, Winfield Shoemaker,>•to.be here. Staff instructed to pursue this matter and report back to the,Council'.. CC=3 Request of Morro Bay High School P.T'.A,.'fo:r permission to use City property during Rock-O-Rama. Mr. White read a letter from Mrs. Kathryn"Limon, President'of the Morro Bay High School P.T.A. outlining their request to use City property for a fund raising project during the Rock-O-Rama..Parade. on Saturday, September 3, 1966. RESOLUTION NO. 100-66. RES. GRANTING PERMISSION TO. MORRO BAY HIGH SUHUUL—.,P.T.A TO USE CITY PROPERTY City Attorney read Resolution -No. 100-66 in its entirety. MOTION: Councilman Bickford moved that Resolution.No. 100-66 ' be adopted. Mayor Surfluh seconded. Roll call vote, passed unanimously. CC=4 Request of Morro Bay Taxpayer'.s Association to be furnished . copies of minutes of meetings and expenditure reports Mr. White read a letter received from the Morro. Bay Taxpayer's Association regarding the above request. A discussion ensued, after which Mr. White recommended that 10"cents per sheet, plus mailing, be charged for any printing requested by the public. MOTION: Councilman Bickford moved that a policy be established of charging,10 cents per sheet for requested documents, plus mailing charges if they are required to be mailed, Councilman Mallery seconded. Motion carried. CC=5 RESOLUTION NO. 101-66. RES. APPROVING COOPERATIVE F Y LIGHTING AT THE NORTH MORRO UNDERCROSSING. Mr. White reviewed the request of the City for lighting at the North Morro Bay Undercrossing. Resolution No. 101-66 was then read'in its entirety." MOTION: Mayor Surfluh.moved' that Resolution No:,101-66 be adopted. Councilman Bickford seconded. 'Roll call vote, passed unanimously.. ; MINUTES - CIty Council Meeting August 23, 1966 Page Ten TIME RESERVED FOR INDIVIDUAL ACTION (1) Councilman Mallery questioned what is being done on Green -West Acres, Inc., since there was a deadline of July 26, 1966. City Administrator indicated that staff was aware of this fact and the matter is being pursued at the present time.. (2) Re: Shower facilities at Morro Rock Park Mr. White stated the approximate cost for installing an overhead shower at Morro Rock campground would be $S0. MOTION: Councilman Bowen moved that the overhead shower be. installed at a cost of approximately $SO, and to expedite this installation as quickly as possible. Mayor Surfluh seconded. Motion passed unanimously. (3) Re: Use of Recreation Hall Mr. White requested permission from the Council to set aside certain hours on certain days of the week for the City Recreation Program. The proposed schedule was reviewed for the benefit of the Council and those present. Mr. White also recommended that it be determined if the Nursery School can be considered a proper use of the Recreation Hall, and if ,they are truly a non-profit organization.. MOTION: Mayor Surfluh moved that the City Administrator be authorized to investigate the use of the Recreation Hall by the Nursery School. Councilman Bowen, seconded. Motion carried unanimously. MOTION: Councilman Bickford moved that we approve those specified hours as proposed by City Administrator. Councilman Keiser seconded. ,Motion passed unanimously. CORRESPONDENCE 1. Letter from Morro Bay Lions Club thanking the City for use of City Property for the Rock-O-Rama Celebration. 2. Copy of letter from Morro Bay Garden Club thanking Department of Public Works for their assistance in their landscaping projects. 3. Letter from Division -of Highways re: workshop session on Scenic Highways to be held October'18, 1966. 4. Letter from Institute on Government re: Institute to be held September IS, 1966, on the Cal Poly campus. e MINUTES - City Council Meeting August 23, 1966 Page Eleven S. Letter from editor of The Sun requesting notice to be given of all regular or special meetings of the Council and Planning Commission. 6. Notice of meeting pertaining to the Pacific Power Boat Race to be held October 28 $ 29, 1966. 7. Letter of appreciation from the San Luis Obispo branch of the N.A.A.C.P. 8. Notice from Public Utilities Commission of the State of California re: inves.t:igation of railroad grade crossings. 9. Letter from Morro Bay Art Association re:, cost of liability insurance for use of City property. 10. Bulletin re: Second Portland 3h day course for ambulance. attendants, firemen, policemen, etc.,to be held September, 21-24th. 11. Notice from Assembly Committee on Government Organization re: Alcoholic Beverage Control. MOTION: Councilman Bickford 'move,d that the correspondence be•a filed. Councilman'Bowen seconded. Motion"carried. ADJOURNMENT MOTION: Councilman Mallery moved that the meeting be adjourned. Mayor Surfluh seconded. Motion passed unanimously. Meeting adjourned at 11:45 P.M. RECORDED BY:. Z. 7'EO WHITE, City — Clerk m MINUTES - City Council Meeting Adjourned Session August 17, 1966 7:30 P.M. City Hall Conference Room Mayor Surfluh called the meeting to order at 7:35 P.M., and stated this meeting is adjourned from the adjourned meeting of August 12, 1966. PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: None City Administrator reviewed for the Council and those present the recommendations forwarded to the Council by the Planning Commission relative to the installation of improvements on Lease Sites 200 and 201. The format followed was similar to that of a subdivision re- view board and each item was categorized and treated separately. 1. Water Service: Water mains now exist. No further insta anon or additional cost recommended to be borne by the developer for water service. 2. Sewage: The matter of requiring a developer to pay a $300 per acre charge attributable to plant and collection system capital improvement cost was re- viewed. The Planning Commission recommended that this cost be assessed against the developer. 3. Other matters relating to sewage consisted of some concern as to the availability of facilities to dispose of wastewater from camper pick-up trucks and tent campers. Sewer connections are made available to each trailer site, but they are not made available to camper and tent camper sites. The Planning Commission recommended that more adequate facilities be provided. 4. sgina a al Soil Stabilization: Adequate drainage of sur ace water into Morro CreeF Channel is provided for in the slope of the proposed development. The recommendation that drainage be routed into a drop- inlet•structure at the southerly portion of the Phase One development on the north side of the Creek be installed was made by the Planning Commission. 5. Creek Bank Stabilization: The review committee recommended in their report that the creek banks be stabilized by an approved rip -rap of both sides of the creek for the full width of the lease to a standard acceptable to the City. At this time it appears that wire mesh and gunite would be the best possible solution to a very serious problem. This matter was considered at some length by the Planning Commission and they recommended that the MINUTES - City Council Meeting Adjourned Session August 17, 1966 Page Two stabilization be installed property from intrusion by or from the sea, and that share the cost. to insure the use of the water from Morro Creek the City and the developer 6. Mr. White reviewed the discussion held at the Planning Commission meeting between Mr. Morton Binder, Landscape Architect, and the Commission relating to the desires of Central Coast Investors to plant the entire area of the development with a grass in lieu of paving. The Planning Commission made a motion to further investi- gate this matter prior to any determination. 7. Streets Curbs Gutters and Sidewalks: City Adminis- trator reviewed in ept the requirement of the City relating to the curbs, gutters and sidewalks and streets improvements. The review committee recommended that these improvements be installed across the entire frontage of the lease and that paving be placed to a width of 24 feet and the cost to be assessed to the developer. Planning Commission recommended also that these improvements be installed and that the City and developer share the cost. 8. Streets - Access Road: The review committee recommended that the developer e required to place base material to City specifications from the northwest corner of the sewage treatment plant property to the northerly limits of Lease Site.201. Said base to be located on the proposed alignment of the extension of the Embarcadero. The City then would pave the portion of the access road when funds became available. Planning Commission con- curred with this recommendation. 9. Utilities: Planning Commission recommended that all utilities be placed underground. These utilities to include electricity, gas and Cable T.V., and that street lights be installed, also with underground wiring. An additional recommendation of the Planning Commission was that the architectural standards, streets, parking, signs, landscaping, etc., be up -graded in this area to further enhance the area. The Planning Commission, on review of the recomendations of the review committee, recommends to the City Council that in the event undeveloped City property is to be leased, that it be treated similar to a subdivision and that the procedures followed by the subdivision review board be followed. to insure that all matters relating to the development are fully considered. MINUTES - City Council Meeting Adjourned Session August 17, 1966 Page Three The City Council and staff members discussed in detail the recommend- ations of the Planning Commission relating to the development of Lease Sites 200 and 201. Mr. Ray Gallo, attorney for Central Coast Investors, and Kendall Jenkins, representative of Central Coast In- vestors, presented their thoughts to the Council relating to the aforementioned development. The areas of major concern discussed were the stabilization of Morro Creek adjacent to and through the lease site, and the matter relating to streets. Cost figures were presented to the Council by the staff for street improvements fronting the lease site, the access road, the full developed width of four lanes, cost of the bridge structure and the total cost of the project to the developer and to the City. The total plan of the Embarcadero extension, which would ultimately connect with Atascadero Road, was reviewed for the benefit of those present. No cost figures were available for the stabilization of the banks of the creek. The City Engineer has been instructed to develop a reasonable standard and to prepare a cost estimate. Discussion was held as to the need for another meeting where the cost figures would be available for consideration. Consideration was given to holding this meeting at the next regular Council meeting, and after discussion it was determined that the regular meeting would be ad- journed to a later date to again consider this matter of the install- ation of improvements on undeveloped leased land. City staff was instructed to have the necessary cost data available. MOTION: Councilman Keiser moved that we postpone this meeting tonight, and to adjourn to the next regular meeting of the Council to be held August 23, 1966. Councilman Mallery seconded. Motion carried. MOTION: Councilman Mallery moved that we hold another hearing at a future date, the date to be established at the next City Council meeting. Councilman Bowen seconded. Motion carried unanimously. Meeting adjourned at 9:40 P.M. RECORDED BY: ~i J� C. ThD Whilb) d City CLerck MINUTES - City Council Meeting Adjourned Session August 12, 1966 11:00 A.M. City Hall Conference Room Mayor Surfluh called the meeting to order at 11:08 A.M., and stated this meeting is adjourned from the Council meeting held on August 9, 1966. PRESENT: Mayor Surfluh, Councilmen Bickford and Mallery ABSENT: Councilmen Bowen and Keiser Others present were Russell Goodrich, Warden, State Department of Fish and Game; Michael J. Phelan, City Attorney, and C. Ted White, City Administrator. This meeting was adjourned to this date to consider possible action by the City Council relating to the forthcoming hearing to be held by the State Department of Fish and Game in regards to the importation of abalone into the State of California. Michael Phelan, City Attorney, reviewed the legal notice advertising the hearing and just what the purposes were for calling this meeting by the Fish and Game Commission. He gave a review of the existing sections of the Fish and Game Code relating to the power of the Commission to regulate the importation by inspection and marking only, and notified the Council that action of the Council by the adoption of any resolutions pertaining to this matter was not in order at this time. Russell Goodrich, local representative of the Fish and Game Department, related the facts surrounding the notice of the public hearing and indicated that it was improperly worded and did not relate the true purpose of the hearing. Considerable discussion followed regarding the impact of the importa- tion of abalone and what action the City could take to help promote the local abalone industry. MOTION: Mayor Surfluh moved that we prepare an appropriate press release covering the facts relating to the Fish and Game Commission's authority and what is proposed for the meeting on August 26th, and that a committee be appointed to work with local abalone industry and Fish and Game Department representatives to consider the impact of importation of abalone on the local industry. Seconded by Councilman Bickford. Passed unanimously. Mayor Surfluh appointed Councilmen Bickford and Mallery to act as a committee to meet with interested persons in the abalone industry, Fish and Game Department representatives and others to implement the aforementioned motion. Minutes - City Council Meeting Adjourned Session August 12, 1966 Page Two There being no further business to be conducted at this meeting, Mayor Surfluh entertained a motion for adjournment to Wednesday, August 17, 1966, at 7:30 P.M. in the City Hall, to consider the matter of policy regarding the installation of improvements on undeveloped leased property. MOTION: Councilman Bickford moved that the meeting be adjourned. Mayor Surfluh seconded. Motion passed unanimously. Meeting adjourned at 1:10 P.M. RECORDED BY: 0 � � 2 —TED 'WHI , City Clerk I CITY OF MORRO BAY AGENDA - City Council Meeting August 9, 1966 - 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of July 26, 1966. HEARINGS & APPEARANCES A-1 Appearance of.representative of the abalone industry to request support and assistance on proposed regulations. UNFINISHED BUSINESS B-1 Committee report on City Hall dedication. B-2 Improvement District No. 2 proceedings. B-3 Contract for fire apparatus. B-4 Appointment of City Treasurer. NEW BUSINESS C-1 Resolution approving notice of completion, SS Project No. 24. C-2 Resolution setting date for public hearing on rezoning of Blocks A, B, C, D, E and F, Cerrito Addition. C-3 Agreement with Morro Bay Chamber of Commerce. C-4 Request for policy decision on installation of improvements on lease property. C-5 Request for parade permit from Morro Bay Chamber of Commerce. C-6 Ordinance No. 47, An Ordinance Amending the Morro Bay Municipal Code to Provide for the Salary of the City Treasurer. TIME RESERVED FOR INDIVIDUAL ACTION 1. City Administrator a. Financial Report b. Transfer request 2. City Attorney 3. City Council CORRESPONDENCE ADJOURNMENT Calendar 1. City Council Meetings: August 23 and September 13, 1966. 2. Planning Commission Meetings: August 16 and September 6, 1966. I MINUTES - City Council Meeting August 9, 1966 7:30 P.M. Morro Bay Recreation Hall Meeting was called to order at 7:38 P.M. with the Pledge of Allegi- ance. Mayor Surfluh gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Keiser, Mallery f, Mayor Surfluh ABSENT: Councilman Bowen MINUTES: Minutes of the regular meeting of July 26, 1966, were considered. MOTION: Mayor Surfluh moved to dispense with the reading of the minutes of July 26, 1966. Councilman Bickford seconded. Motion passed unanimously. Mayor Surfluh asked if there were any corrections to be made to the minutes. MOTION: Councilman Bickford moved that the minutes be approved as written. Councilman Keiser seconded. Motion passed unanimously. HEARINGS $ APPEARANCES: A_1 Appearance of representative of the abalone industry to request support & assistance on proposed regulations. The representative not being present, this matter deferred until such time as he arrives. UNFINISHED BUSINESS: B-1 Committee report on City Hall dedication. Councilman Mallery stated the dedication of City Hall has been set for September 24, 1966, at 1:30 P.M. Discussion held regarding the participating organizations. MOTION: Councilman Mallery moved that we adopt the date of September 24, 1966, 1:30 P.M.. for the dedication of City Hall. Councilman Bickford seconded. Motion carried unanimously. B-2 Improvement District No. 2 Proceedings. RESOLUTION NO. 85-66. RES'. AUTHORIZING EXECUTION OF CONTRACT E CITY OF MORRO BAY $ W. M. LYLES CO., FOR WORK TO BE DONE IN IMPROVEMENT DISTRICT NO. 2, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA MINUTES - CIty Council Meeting August 9, 1966 Page Three MOTION: Councilman Bickford moved that we refer this back• to the,Planning Commission for their review and.. action. Councilman Mallery seconded. Motion passed unanimously. NEW BUSINESS: C-1 RESOLUTION NO. 87-66. RESOLUTION ACCEPTING WORK AND GIVING NOTICEF COMPLETION FOR STREET CON- STRUCTION WORK•- SELECT SYSTEM PROJECT NO. 24 Mr. White reviewed the status of Select System Project No. 24 and stated that the Director of Public Works had submitted the proper certificate of completion and'.it is now in order to issue a notice of completion. Resolution No. 87-66 was then read in its entirety. MOTION: Mayor Surfluh moved for the adoption of Resolution No. 87-66. Councilman Bickford seconded. Roll call vote, passed unanimously. C-2 RESOLUTION NO. 88-66. RESOLUTION REGARDING RECOMMENDED CH F ZONING AND SETTING DATE FOR HEARING (Blocks A, B, C, D, E, AND F, Cerrito Addition) Mr. White reviewed the action of the Planning Commission in recom- mending the change of zoning of certain blocks within the City of Morro Bay and recommended that the date of September 13, 1966, be set for a public hearing to be held before the City Council in order to amend the Zoning Ordinance of the Municipal Code. Resolution No. 88-66 was then read in its entirety. MOTION: Councilman Mallery moved that Resolution No. 88-66 be adopted. Councilman Bickford seconded. Roll call vote, passed unanimously. A=1 This agenda item deferred until the arrival of representa- tive requesting an appearance. Mr. Charles Sites, representative of the abalone industry, arrived at this time. He discussed in detail the matter of a notice of public hearing to be held by the Fish and Game Commission regarding the importation of Mexican abalone. He requested assistance from the Council in supporting the local abalone industry in prohibiting any other importation of abalone into the United States. Discussion held in depth regarding this question by members of the Council and other interested persons present at this meeting. MINUTES - City Council Meeting August 9, 1966 Page Two Mr. White read Resolution No. 85-66 in its entirety. He stated that the contract has been signed by the contractor and everything is in order for further action by the City Council. MOTION: Councilman Keiser moved that Resolution No. 85-66 be adopted. Councilman Bickford seconded. Roll call vote, passed unanimously. MOTION: Councilman Mallery moved that we dispense with the reading of the Agreement. Councilman Bickford seconded. Motion passed unanimously. BB=3 Contract for Fire Apparatus Michael Phelan, City Attorney, reviewed the contract for the fire apparatus, and asked that the Council give them authorization to work with Bank of America in completing this agreement. Minute Order was recommended. MOTION: Councilman Bickford moved that the City Attorney be authorized to prepare this agreement for Council consideration. Councilman Keiser seconded. Motion passed unanimously. B=4 Appointment of City Treasurer City Administrator reviewed the request to the Council for the appointment of a City Treasurer. This position is currently held by the City Administrator, and it is felt that due to the fact that the Director of Finance is currently performing the duties of Treasurer in a very satisfactory manner, that he be given the title. The question was raised from the audience regarding the requirement that the City Treasurer reside within the City. Discussion was held and the City Attorney reviewed the appropriate sections of the Government Code relating to the residency requirements, and it was determined that the City Treasurer is not required to reside within the City. RESOLUTION NO. 86-66: RESOLUTION APPOINTING CITY Mr. White read Resolution No. 86-66 in its entirety. MOTION: Mayor Surfluh moved adopted. Councilman passed unanimously. that Resolution No. 86-66 be Bickford seconded. Motion B-5 Subdivision Ordinance. City Administrator stated inquiries have been received from the utility companys regarding clarification of certain provisions in the Subdivision Ordinance. Discussion held. MINUTES - CIty Council Meeting August 9, 1966 Page Four MOTION: Councilman Mallery moved that we instruct the City Attorney to prepare two resolutions; one to the Legislators and the Fish $ Game Commission opposing the importation of Mexican abalone; and the second resolution to request that the hearing on this matter be postponed until further study and information can be gathered. Councilman Keiser seconded. Discussion held regarding placing a time limit on the preparation of the resolutions for action by the City Council. Councilman Mallery amended his motion to include that this regular meeting of the City Council be adjourned to August 12th at 11:00 A.M. in the City Hall to consider the adoption of said reso- lutions. Councilman Keiser agreed to the amend - mend. Motion passed unanimously. RECESS: 8:34 P.M RECONVENED: 8:40 P.M. C-3 Agreement with Morro Bay Chamber of Commerce Mr. Phelan, City Attorney, reviewed the proposed agreement between the City of Morro Bay and the Morro Bay Chamber of Commerce for the benefit of the Council and those present. Mr. Phelan then read the Agreement in its entirety. Discussion held regarding erecting an adequate size sign to designate the office of the Chamber of Commerce. After discussion, Mr. Phelan suggested that Paragraph 2 of the Agreement be amended to read as follows: 'Chamber will maintain a public office to be identified by a suitable sign that will be readily identifiable by members of the public' and will provide information to ............. RESOLUTION NO. 89-66. RESOLUTION APPROVING AGREEMENT WITH MORRO BAY CH BER OF COMMERCE, FISCAL YEAR 1966-67 Mr. White read Resolution No. 89-66 in its entirety. MOTION: Councilman Keiser moved that Resolution No. 89-66 be adopted. Councilman Bickford seconded. Roll call vote, passed unanimously. E MINUTES - August 9, Page Five C-4 City Council Meeting 1966 Request for policy decision on installation of improvements on lease property. Mr. White requested that the Council consider, at this time, the matter of policy relating to the installation of improvements on undeveloped lease property. Discussion held by members of the Council of the need for the in- stallation of improvements. MOTION: Councilman Mallery moved that we report back on this in 90 days. Discussion held regarding shortening the time limit. MOTION: Councilman Mallery moved that a time limit of 30 days be placed on this matter, which will be at the next regular meeting on September 13, 1966. Councilman Bickford seconded. On further discussing this matter, it was determined that the City Council will meet as a committee of the whole'to further consider this matter. Motion passed unanimously. Mr. Kendall Jenkins, representative of Central Coast Investors, commented on the proposed requirement that his firm install curbs, gutters and sidewalks and other improvements on Lease Sites 200 and 201. Further discussion held regarding the necessary improve- ments required for the proposed development of said lease sites. . Mr. White indicated that the City Planning Commission would con- sider this matter at their next regular meeting and would report their findings to the City Council. MOTION: Councilman Mallery moved that we adjourn the meeting of August 12th to an adjourned meeting on August 17th at-7:30 P.M. for the purpose of reviewing and studying the recommendations of the Planning Commission. Councilman Bickford, seconded. Motion carried. C-S Request for parade permit from Morro Bay Chamber of Commerce. Mr. White reviewed the request of the Chamber of Commerce to hold a parade in conjunction with the annual Rock-O-Rama. RESOLUTION NO. 90-66. RESOLUTION GRANTING A USE PERMIT TO CONDUCT A STREET PARADE AND AUTHORIZING TRAFFIC RESTRICTIONS ON PARADE ROUTE. Resolution No. 90-66 was read in its entirety. LJ MINUTES - City Council Meeting August 9, 1966 Page Six MOTION: Councilman Bickford moved that Resolution No. 90-66 be adopted. Councilman Keiser seconded. Roll call vote, passed unanimously. C-6 ORDINANCE NO. 47. AN ORDINANCE AMENDING THE MORRO BAY MUNICIPAL ODE TO PROVIDE FOR THE SALARY OF THE CITY TREASURER. Mr. White read Ordinance No. 47 in its entirety and notified the Council that this Ordinance would establish the salary of the City Treasurer at One Dollar ($1.00) per month, thus reducing the existing $50.00 per month salary. Mr. White read Ordinance No. 47 in its entirety. The second reading will be August 23, 1966. C-7 ORDINANCE NO. 48. AN ORDINANCE AMENDING CHAPTER VIII OF TITLE II OF THE MORRO BAY MUNICIPAL CODE, UNIFORM TRANSIENT OCCUPANCY TAX ORDINANCE. The City Administrator reviewed for the Council the request to amend the Uniform Transient Occupancy Tax to exclude the provision that allows for exemptions of City, County, State and Federal employees in paying the bed tax. The City Attorney commented on the opinion of the Attorney General which makes possible this amendment and recommended that it be adopted. Ordinance No. 48 was then read in its entirety. Second reading to be August 23, 1966. TIME RESERVED FOR INDIVIDUAL ACTION: 1. Financial Report Mr. White submitted the expenditure report for the period June 16, 1966 through July 15, 1966, to the Council. MOTION: Councilman Bickford moved that these general checks be approved for the period of June 16, 1966 through July 15, 1966. Mayor Surfluh seconded. Motion carried. 2. Councilman Keiser, representing the Recreation Committee, stated the Committee would like their name changed to Parks and Recreation Commission. Discussion held regarding the possibility of acquiring land for additional park and recreational facilities. MOTION: Councilman Keiser moved that the Recreation Committee's name be changed to Parks and Recreation Commission. Councilman Bickford seconded. Passed unanimously. MINUTES - CIty Council Meeting August 9, 1966 Page Seven MOTION: Councilman Keiser moved thatthe City Administrator be directed to work with the Parks and Recreation Commission in acquiring land for recreational pur- poses. Councilman Bickford seconded. Discussion held regarding the term 'acquiring'. MOTION: Councilman Keiser amended her motion to state that the City Administrator be directed to work with the Parks and Recreation Commission by investigating the availability of land. Councilman Bickford seconded. Motion carried unanimously. 3. Councilman Bickford gave a brief report on the meeting with the Morro Del Mar PTA concerning the hazardous crossing condition in north Morro Bay. Discussion held regarding a solution to this problem. MOTION: Councilman Bickford moved that we instruct our Planning Consultants to contact Mr. Datel, with the goal of possibly establishing and exploring ways to fund a frontage road from the vicinity of San Jacinto Street to Atascadero Road on the west side of State Highway One. Discussion held. MOTION: Councilman Bickford amended his motion to delete 'frontage road' and insert collector road. Councilman Mallery seconded. Motion passed unanimously. 4. Councilman Bickford gave a report on the Morro Bay City Air Sanitation Committee meeting held August 1, 1966. 5. Councilman Bickford stated the City of Morro Bay should send a letter of appreciation to Senators Kuchel and Murphy and Congressman Talcott for their help in preserving Morro Rock. After a discussion, it was determined that a resolution should be prepared in lieu of a letter. MOTION: Councilman Bickford moved that three resolutions be prepared; one to Senator Kuchel, Senator Murphy and Congressman Talcott, expressing our appreciation for their efforts in saving the Rock. Councilman Keiser seconded. Motion passed unanimously. 6. Councilman Bickford moved that a resolution be prepared to the Dahlia Society showing appreciation for their efforts extended in the Dahlia Show. Councilman Keiser seconded. Motion carried unanimously. 7. Councilman Bickford suggested that the Fruit Stand on Atascadero Road be contacted regarding the signs and banners displayed at this location. It was determined that these MINUTES - City August 9, 1966 Page Eight Council Meeting signs were never authorized, but that there was no.provision in the existing sign ordinance to substantiate making them take the signs down, as there was no sign control when this application was made. 8. Councilman Keiser brought out the fact that the City is now without a local ambulance service. Discussion held regarding the possibility of subsidizing a local ambulance service. Staff to make study and report back. 9. Councilman Mallery asked if the warrants, invoices, etc., which are paid monthly could be brought to the Council meetings so that the public, or the individual Councilmen, could go through them at random if they had any questions. Lengthy discussion followed. MOTION: Councilman Mallery moved that the expenditure report be made available to the public, at least 10 copies, to be passed out to those in the audience who are interested. Councilman Bickford seconded. Motion carried. 10. Mayor Surfluh read a News Release to those present regarding the settlement conference with one of the plaintiffs in the Thomas suit, dated August 9, 1966. CORRESPONDENCE: 1. Letter from City of Carpinteria dated August 8, 1966, inviting the Mayor and Councilmen to their first anniversary celebration. 2. Copy of minutes of Morro Bay Chamber of Commerce meeting. 3. Copy of The Chamber Message re: Rock-O-Rama. 4. Letter from the Grand Jury re: special meeting titled "Tail6ring our County Government for our Particular Needs". S. Letter from United Nations Association of the United States of America re: U.N. Day Proclamation for October 24, 1966. 6. Copy of Agenda for Small Craft Harbors Commission on August 22, 1966. 7. Notice from League of California Cities requesting information of Medical Examination Programs. 8. Letter from Morro Bay Chamber of Commerce re: parade route for seventh annual Rock-O-Rama Parade on September 3, 1966. 9. Letter from Morro Bay Chamber of Commerce inviting the Council members to ride in the Rock-O-Rama parade. MINUTES - City Council Meeting August 9, 1966 Page Nine 10. Letter from S.L.O. County Economic Development Committee re: establishment of a County Economic Development acitivity. MOTION: Councilman Mallery moved that the City Administrator contact the County indicating that our money is budgeted and available and that of the three organizational structures, indicate our preference for a County Commission with a Committee Advisory Group or a non-profit Corporation with Directors from all parts of the County, and not a County managed Non -Civil Service Department. After a discussion, Councilman Mallery amended his above motion to add,after the words 'and available', on the contingency of 100% participation. Council- man Bickford seconded. Motion passed. 11. Letter from Joint Committee on Tidelands re: executive meeting to be held September 8, 1966 re: County vs. City lawsuit. 12. Copy of Resolution No. 8R-66 of the Local Agency Formation Commission re: approval of the proposed formation of a Community Services District designated as Los Osos Community Services District. MOTION: Councilman Mallery moved that the correspondence be filed. Councilman Bickford seconded. Motion passed unanimously. ADJOURNMENT: MOTION: Councilman Mallery meeting to August Councilman Keiser unanimously. moved that we adjourn this 12, 1966, at 11:00 A.M. seconded. Motion passed Meeting adjourned at 11:00 P.M. RECORDED BY: C. TED WHITE, City Clerk • 0 MINUTES - City Council Meeting Executive Session July 26, 1966 6:30 P.M. City Hall Conference Room Meeting was called by Mayor Surfluh to discuss pending City vs. County litigation. The meeting was called to order at 6:38 PM. PRESENT: Councilmen Bickford, Keiser $ Mayor Surfluh Others present: Peter Kardel, Michael Phelan f, C. TED White Discussion held regarding the City vs. County litigation and the proposed settlement conference as suggested by letter to the City Attorney. Final date of said conference subject to confirmation by the State of California. City Attorney discussed the requirements of appraisal of the pro- perty involved in the City vs. County law suit and the Thomas action. Methods of accomplishing said appraisals were discussed in depth by members of the Council and the City Attorney. MOTION: Councilman Bickford moved that the City Attorney be authorized to finalize an agreement with Mr. David Ingram, M.I.A., for the purpose of appraisal of Harbor property in the City vs. County law suit, said agreement to be terminable at the will of the City Council. Seconded by Councilman Keiser. Passed unanimously. MOTION: Councilman Bickford moved this meeting be adjourned. Seconded by Mayor Surfluh. Passed unanimously. Meeting adjourned at 7:20 P.M. RECORDED BY: 4. C. TED WHITh, City ClerK CITY OF MORRO BAY AGENDA - City Council Meeting July 26, 1966 - 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular Meeting of July 12, 1966. HEARINGS & APPEARANCES A-1 Hearing on proposed street abandonment of portion of Beach Street at Monterey Ave., requested by A. C. Lyles. A-2 Hearing on proposed Subdivision Ordinance. A-3 Appearance of representative of Morro Dunes, Inc. and Central Coast Investors, re: Lease Sites 200 $ 201. UNFINISHED BUSINESS B-1 Improvement District No. 2 proceedings. B-2 Council consideration of subdivision of Tract 357, Morro Sands Land Co. B-3 Request for transfer of lease from E. Evenson to Morro Bay Yacht Club. B-4 Request for extension of time to complete contract, S.S. Project No. 23, South Bay Blvd. NEW BUSINESS C-1 Offer of building for City Yard. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT Calendar 1. City Council Meetings: August 9 and 23, 1966. 2. Planning Commission Meetings: August 2 and 16, 1966. MINUTES - City Council Meeting July 26, 1966 7:30 P.M. Morro Bay Recreation Hall The regular meeting of the City Council convened at 7:35 P.M. with the pledge of allegiance. Mayor Surfluh gave the invocation. ROLL CALL' Present: Councilmen Bickford, Bowen, Keiser,' Mallory,&, Mayor Surfluh Absent: None MINUTES Minutes of the regular meeting of July 12, 1966 were considered. MOTION: Mayor Surfluh moved to dispense with the reading of the minutes. Councilman Bickford seconded. Motion carried. Mayor Surfluh asked if there were any corrections or additions to be made to the minutes. MOTION: Councilman Bickford moved that the minutes be approved as written. Councilman Keiser seconded. Motion carried. HEARINGS & APPEARANCES A-1 Hearing on proposed street abandonment of portion of Beach Street at Monterey Avenue, request by A. C. Lyles Mr. White reviewed the request of Mr. Lyles for the abandonment of a portion of Beach Street at Monterey Avenue. He presented a map showing the exact location for the information of the City Council and those present. Mayor Surfluh declared the public hearing open for discussion. Michael Phelan, City Attorney, reviewed the steps to be taken in abandoning this portion of Beach Street to ultimately transfer this parcel to Mr. Lyles. On completion of the street abandonment, further action will be required by the City in the transfer of this property. Mayor Surfluh stated that inasmuch as no person wished to appear and speak in favor of or opposition to the street abandonment, that the hearing be declared closed. He asked the City Administrator to read the prepared resolution. RESOLUTION NO. 81-66. RESOLUTION DECLARING ABANDONMENT OF A PORTION OF BEACH STREET ( FORMERLY 8TH STREET) Mr. White read Resolution No. 81-66 in its entirety. MINUTES - City Council Meeting July 26, 1966 Page Two MOTION: Councilman Bickford moved that Resolution No. 81-66 be adopted. Councilman Bowen seconded. Roll call vote, passed unanimously. A-2 Hearing on proposed Subdivision Ordinance Mr. White reviewed briefly the steps taken by the City Council and Planning Commission on this matter. He presented copies of two letters, one from Pacific Telephone & Telegraph and one from Southern Counties Gas Company relative to the proposed Subdivision Ordinance as it is presented to the Council for their consideration. Mayor Surfluh declared the public hearing open for discussion. Mr. Larry Gunnarson, representing Hahn, Wise F, Associates, Planning Consultants for the City of Morro Bay, reviewed the questions raised by Pacific Telephone F, Telegraph and Southern Counties Gas Company, and recommended that no changes be made and that their request had been fully covered by additions made by the Planning Commission. Mayor Surfluh asked for any further comments from any interested person present, and there being no other comments either for or against the adoption of the proposed Subdivision Ordinance, he declared the public hearing closed. Mr. White requested that the first reading of the Subdivision Ordinance be deferred so that the final draft could be properly codified. A-3 Appearance of representative of Morro Dunes, Inc. F, Central Coast Investors re; Lease Sites 200 & 201 Mr. White read a letter received from Morro Dunes, Inc. requesting that they be placed on the agenda at this meeting. Mr. Ray Gallo, Attorney, representing Morro Dunes, Inc. F, Central Coast Investors, reviewed the action taken in the past relative to lease sites 200 $ 201. ' The recommendations made by Central Coast Investors in a letter from Mr. Gallo dated June 20, 1966, pertaining to appraisal system, amount of rent payments, term of lease,'the cash deposit required and bank to be used, length of occupancy, assignment of lease to Morro Dunes Inc., water F, sewage agreements, change of use of property were discussed by Mr. Gallo, members of the Council and Mr. Kardel. Mr. McIntire, City Attorney, reviewed in detail the request of Central Coast Investors regarding the method of appraisal that they requested. Discussion was held by members of the City Council and staff and the representative of Central Coast Investors regarding the appraisal system. 0 MINUTES - City July 26, 1966 Page Three Council Meeting ADDraisal System: MOTION: Mayor Surfluh moved that we follow the stipu- lations in our Amended Agreement which provides for one appraiser and we would insert in that, an M.A.I. appraiser. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser F, Mayor Surfluh NOES: Councilman Mallery Motion carried. Discussion held regarding the matter of lease payments for the lease site. MOTION: Councilman Bickford moved that in the matter of rent, that we accept either 6% of the fair market value per year, or 5% of the gross annual receipts, whichever is greater, and that the reappraisal period be set at 5 years. Councilman Keiser seconded. Motion carried unanimously. Term of the lease was disccussed and the Council took the following action. MOTION: Councilman Bickford moved that this be figured on a basis of 25 years from the date of execution of the lease. Councilman Bowen seconded. Discussion held regarding placing a time limit within which the lease must be executed. MOTION: Councilman Bickford moved that the time limit for signing the lease be placed at 30 days after the document has been presented to Central Coast In- vestors by the City. Councilman Keiser seconded. Motion passed unanimously. Time limit of occupancy: MOTION: Mayor Surfluh moved that in the summer months, July 1 through September 1, the lease amendment will permit visitors to stay 14 consecutive days per visit; and during the winter months, September 1 through June 30, the permitted period of occupancy shall be 30 days per visit. Council- man Bickford seconded. Motion passed unanimously. 0 MINUTES - City Council Meeting July 26, 1966 Page Four Cash Deposit of 10%: MOTION: Councilman Mallery moved that Central Coast Investors agrees to deposit 10%.of the con- struction cost of phases 1 and 2, or $12,000, as a guarantee of faithful performance upon the condition .that upon completion of phase 1 and acceptance thereof by the California State Division of Housing, $8.,000 of this deposit shall be returned to them. Similarly after the proper acceptance of phase 2, the balance of the deposit shall be paid to them. The monies are to be deposited in an interest bearing account, selected by Central Coast Investors, in trust for Central Coast In- vestors, as set forth in paragraph 6 of the June 20th letter previously referred to; and added to the provisions of that paragraph that the City of Morro Bay must give its approval of the construction, and that the choice of the bank also be made subject to final approval of the City. Seconded by Councilman Bowen. Roll call vote, unanimously passed. Development $ Improvement Plans: MOTION: Councilman Bickford moved that the development plans be submitted to the Planning Commission for their consideration and recommendations back to the Council. Councilman Bowen seconded. Motion passed unanimously. Request that the Amended Lease be changed to Morro Dunes, Inc. in lieu of Central Coast Investors: MOTION: Councilman Bickford moved that the lease remain in the name of Central Coast Investors at this time. Councilman Bowen seconded. Motion passed unanimously. Discussion held relative to the utilities available for use on these. lease sites. Further discussion held relative to requested changes in paragraphs S and 6 of the original Lease, and these items were deferred until a later date. The City Attorney recommended to the City Council that the Lease Amendment Agreement include provisions that Central Coast Investors provide control for the sand that blows onto the P. G. & E. property from this lease site, and that a clause be inserted in the Lease Amendment Agreement relative to the ownership of the improvements. Mr. Gallo, attorney for Central Coast Investors, agreed on behalf of his clients to the insertion of the aforementioned clause. MINUTES - City Council Meeting July 26, 1966 Page Five UNFINISHED BUSINESS B=1 Improvement District No. 2 Proceedings Mr. Phelan, City Attorney, summarized the letter received from Edwin Ness, Special Bond Counsel, relative to the sale of bonds for Improvement District No. 2. He stated that the bond market- was such that the 1911 Act bonds were not sellable at this time and recommended that action be taken to change the proceedings to sell the bonds under the 1915 Act improvement district bonds. Mr. Phelan reviewed and explained the 1911 Act and the 1915 Act for the benefit of the Council and those present. Mr. John Den -bulk of the same law firm as Mr. Ness, was present and recommended that the 1915 Act bonds be used to insure the construction of improvements in this district. Discussion held among members of the Council and staff. MOTION: Councilman Bickford moved that we use the 1915 Act provisions to insure the sale of the bonds. Discussion held regarding the advisability of delaying action on this matter for further consideration. The foregoing motion died for lack of a second. City Administrator was asked to read the resolution pertaining to the procedures to follow to convert the sale of bonds from the 1911 Act to the 1915 Act. RESOLUTION NO. 82-66. RESOLUTION FURTHER AMENDING RESOLUTION OF INTENTION. 1 - 5, AS AMENDED, AND ALL PROCEEDINGS TAKEN SUBSEQUENT THERETO IN THE MATTER OF THE BONDS TO BE ISSUED IN IMPROVEMENT DISTRICT NO. 2, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA. Resolution No. 82-66 was read in its entirety. MOTION: Councilman Bickford moved that Resolution No. 82-66 be approved. Councilman Mallery seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Mallery & Mayor Surfluh NOES: Councilman Keiser Motion carried RECESS: 10:25 P.M. RECONVENED: 10:32 P.M. B-2- Council consideration of Subdivision of Tract k 357, Morro Sands Land Company MINUTES - City Council Meeting July 26, 1966 Page Six Mr. White reviewed the steps taken by the Planning Commission and City Council relative to this matter. He then read Mr. Nagano's motion made at the meeting of the Planning Commission held July 190 1966, relative to this subdivision. Mr. Phelan, City Attorney, reviewed the Notice of Appeal filed by Mr. Den-Dulk on behalf of Morro Sands Land Company. A lengthy discussion followed regarding widening the streets. MOTION: Councilman Mallery moved to adopt the alternate in Mr. Nagano's motion, to -wit: That we approve the sub -standard lots as designed on the tentative map, provided that the streets receiving two-inch asphalt concrete resurfacing, be widened from 24 feet to 30 feet, and that the rest of the conditions set forth in the original motion are met. Councilman Bickford seconded. Mr. Rogoway, speaking on behalf of the Planning Commission, explained the reasons why the Planning Commission felt it was necessary that the streets be widened if the sub -standard lots are approved. Comments were heard from Jesse Drake, Wilfred Meacham, Jack Youngs and Mr. John Den-Dulk regarding this matter. Roll call vote: AYES: Councilmen Bickford and Mallery NOES: Councilmen Bowen, Keiser $ Mayor Surfluh Mr. Phelan stated that by this action, the Council has up -held the appeal of Morro Sands Land Company. Mr. White read the motion made by the Council at the meeting of July 12th relative to this matter. After a discussion held regarding the proper' motion required to re- solve this issue, Mayor Surfluh suggested that this be deferred to allow the City Attorney to prepare said motion. B-3 Request for transfer of lease from E. Evenson to Morro Bay Yacht Club City Attorney reviewed the requirements relating to the transfer of this lease site and indicated that a resolution of the Council would be in order at this time. RESOLUTION NO. 83-66. RESOLUTION APPROVING ASSIGNMENT OF LEASEHOL INTEREST UPONCONDITIONS City Administrator read Resolution No. 83-66 in its entirety. Further MINUTES - City Council Meeting July 26, 1966 Page Seven discussion held regarding the aforementioned resolution. Mr.. Ed Carnegie, treasurer of the Morro Bay Yacht Club, indicated that the provisions of this resolution would not be acceptable to the membership of the Yacht Club. The needs of the Yacht Club and their ability to perform a vital function within the Harbor area were discussed by members of the Council, and various means of resolving the question of location and type of facilities for the Yacht Club were discussed. MOTION: Councilman Bickford moved that Resolution No. 83-66 be approved. Councilman Keiser seconded. Roll call.vote: AYES: Councilmen Bickford, Bowen, Keiser $ Mayor Surfluh NOES: Councilman Mallery MOTION: Councilman Bickford moved that the City staff, in conjunction with designated personnel from the Yacht Club initiate a study involving the staff and the Planning Commission to determine at the earliest possible date where this type of operation should be located, and also to investigate possi- bilities of assistance from Federal and State agencies on financing such an operation and report back to this Council in no less thanninety days from today on their findings. It was determined that this motion should take the form of a resolu- tion, and Mr. Phelan, City Attorney, presented a verbal resolution: RESOLUTION NO. 84-66. RESOLUTION AUTHORIZING STUDY OF RO BAY YACHT CLUB LOCATION AND NEEDS for consideration of the Council. MOTION: Mayor Surfluh moved that Resolution No. 84-66 be adopted. Councilman Bickford seconded. Roll call vote, unanimously passed. B-2 Continued - Tract # 357 MOTION: Mayor Surfluh moved that the Council conditionally approve the tentative map of the proposed Tract # 357 as amended, subject to compliance with the recommendations of the Planning Commission in the second reso- lution adopted by said Commission on June 21, 1966, in connection with this application, such recommendations to be shown in the final map to be recorded, save and except those recommendations pertaining to lot sizes. Councilman Bowen seconded. Roll call vote, AYES: Councilmen Bickford, Bowen, Keiser $ Mayor Surfluh NOES: Councilman Mallery 0 MINUTES - City Council Meeting July 26, 1966 Page Eight B-4 Request for extension of time to complete contract, Select System Project No. 23, South Bay Boulevard Mr. White reviewed the request for an extension of time to complete this project. MOTION: Councilman Bickford moved that this request be granted. Councilman Bowen seconded. Motion passed unanimously. NEW BUSINESS C-1 Offer of building for City Yard Mr. White stated the Shell Oil Company has offered the City an old service station building, together with the hoist and compressor. MOTION: Councilman Mallery moved that we accept this offer of the -hoist, building and compressor. Councilman Bowen seconded. Motion passed unanimously. Discussion held regarding writing a letter of appreciation. OTHER BUSINESS C-2 Shower facilities at Morro Rock Park. Discussion held regarding installing shower facilities at the Morro Rock Park. MOTION: Councilman Keiser moved that we have the staff look into the possibility of having showers in- stalled at the Morro Rock Park. Councilman Bickford seconded. Motion passed unanimously. TIME RESERVED FOR INDIVIDUAL ACTION MOTION: Councilman Mallery moved that a resolution be drafted thanking Senator Vernon Sturgeon for his very capable representation over the past years. Councilman Bowen seconded. Passed unanimously. CORRESPONDENCE 1. Letter from Fred L. Jones, Depart. of Parks & Recreation, re: completion of the Atascadero State Beach agreements. 2. Letter of appreciation from J. G. Anderson of Harbor View Motor Lodge re: construction work. 3. Letter from Ronald E. Notley, San Luis Coastal Unified School District re: recreation program. MINUTES - City Council Meeting July 26, 1966 Page Nine.t 4. Letter of appreciation from Mrs. Linnea Waltz. 5. Letter of appreciation from Mrs. Katharine D. Walling. 6. Letter from Phillips Petroleum Company re: consummation of Tidewater Oil Co. F, Phillips Petroleum Company. 7. Letter from Marie J. Deebanks re: Eucalyptus tree creating a hazard to pedestrians. 8. Letter of invitation from Mrs. Keith McGuire, Morro Union Elementary PTA, to attend meeting re: school crossing in North Morro Bay. 9. Letter from Hubert H. Humphrey, Vice -President, re: Youth Opportunity Campaign. 10. Letter from Edwin W. Wade, Mayor of Long Beach, re: Calif. International Sea Festival power boat race. 11. Copy of Public Law 89-489 re: preservation of Morro Rock Lighthouse Reservation. 12. Letter from Leland A. Bryant, South Bay Fire Department, re: Governmental responsibility of the sand spit south of Morro Rock. 13. Notice of quarterly meeting of Channel Counties Division, League of California Cities. 14. Letter from Thomas M. Butch re: dedication of South San Luis Obispo County Sanitation Treatment Plant to be July 31st. 15. Notice from U. S. Army Corps of Engineers re: amendment to Code of Federal Regulations. 16. Copy of Assembly Concurrent Resolution No. 52 re: California Bicentennial Celebration to he held in 1969. 17. Minutes of S.L.O. County Water Resources Advisory Committee. 18. Minutes of Morro Bay.Chamber of Commerce meeting, July 11, 1966. 19. Copy of letter from U. S. Coast Guard re: establishment of a radiotelephony station in the Harbor office. 20. Letter from County Planning Director re: S.L.O. County recrea- tion plan requesting participation in development of said plan. MOTION: Councilman Bickford moved that this correspondence be filed. Mayor Surfluh seconded. Motion passed. MINUTES - City Council Meeting July 26, 1966 Page ;Ten, DJOURNMENT: MOTION: Councilman Keiser moved that we adjourn to executive session. Councilman Bickford seconded. Motion passed. Meeting adjourned at 12:30 A.M. RECORDED BY: C. TED WHITE, City er r 6 MINUTES - City Council Meeting Adjourned Executive Session July 26, 1966 12:4b A.M. City Hall Conference Room This meeting was adjourned from the regular City Council meeting held on this date. Meeting convened at City Hall at 12:40 A.M. PRESENT: Councilmen Bickford, Keiser, Mallery $ Mayor Surfluh ABSENT: Councilman Bowen Others present: Peter Kardel, Michael Phelan $ C. Ted White A proposed meeting regarding the Thomas, et al, law suit to be held with Lawrence Carver and his attorney, Allen Murphy, was discussed. A tentative date has been scheduled for August 9, 1966) 9:00 A.M., at City Hall. No other litigants will be in attendance other than Mr. Carver and his attorney. City to be represented by Councilman Bickford, Mayor Surfluh and Peter Kardel, City Attorney. Committee members will finalize date and time. City Administrator asked that the City Council consider the matter of the position of Director of Planning and Building. On notification by Mr. Matthias -that he would not accept the position, further action is required by the City Council. Dis- cussion held relative to the remaining applicants that were interviewed. It was the consensus of opinion that none of said applicants were acceptable for the position. It was recommended that the remaining applications be submitted to a screening committee consisting of two members of the City Council and two members of the Planning Commission to determine if another oral interview board should be held. Mayor Surfluh appointed Councilmen Bickford and Mallery to act on this screening committee. Said committee to determine date and time to accomplish their function. MOTION: Councilman Bickford moved that this meeting be adjourned. Seconded by Mayor Surfluh. Passed unanimously. Meeting adjourned at 1:17 A.M. RECORDED BY: 0 r1�_o 7 C. TED WHITE, City Clerk i CITY OF MORRO BAY AGENDA - City Council Meeting July 12, 1966 - 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MTNIITF.0 1. Regular meeting of June 28, 1966 HEARINGS AND APPEARANCES A-1 Appearance of J. Den -bulk for Morro Sands Land Company re: appeal of action of Planning Commission. A-2 Appearance of representative of Morro Bay Yacht Club. UNFINISHED BUSINESS B-1 Resolution Approving Change Order No. 1, Select System Project No. 26. B-2 Request for extension of time to completion of contract, Select System Project No. 24. B-3 Ordinance No. 45, Tree Ordinance (second reading). NEW BUSINESS C-1 Request and petition to remove tree from City right-of-way. C-2 Request to vary method of payment from semi-annual to monthly - Lease Site. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT Calendar 1. Council Meetings: July 26 and August 9, 1966. 2. Planning Commission Meetings: July 19 and August 2, 1966. MINUTES - City Council Meeting July 12, 1966 7:30 P.M. Morro Bay Recreation Hall The regular meeting of the City Council convened at 7:35 P.M. with the pledge of allegiance. Mayor Surfluh gave the invocation. ROLL CALL Present: Councilmen Bickford, Bowen, Keiser $ Mayor Surfluh Absent: Councilman Mallery MINUTES Minutes of the regular meeting of June 28, 1966 were considered. MOTION: Mayor Surfluh moved to dispense with the reading of the minutes. Councilman Bickford seconded. Motion passed. Mayor Surfluh asked if there were any corrections or additions to be made to the minutes. MOTION: Councilman Bickford moved that the minutes be approved as written. Mayor Surfluh seconded. Motion passed. HEARINGS, APPEARANCES & REPORTS A-1 Appearance of J. Den -bulk for Morro Sands Land Company re: appeal of action of Planning Commission Mr. White reviewed the decision of the Planning Commission in denying the request of Morro Sands Land Company for a subdivision in Tract 357 of Atascadero Beach. A map was displayed of the area to be sub- divided for the benefit of the Council and those present. Ned Rogoway gave a brief resume regarding the deviation from the Subdivision Ordinance of the proposed lot sizes. Discussion held regarding the location of the sewer lines. Mr. John Den -bulk, representing Morro Sands Land Company, reviewed the changes requested by the Planning Commission and Mr. Rogoway, and stated these suggestions had been complied with, with the exception of the change in size of the lots. Mr. Den-Dulk presented a certi- fied copy of a resolution and deed dated May, 1927, dedicating the streets in said Atascadero Beach area to the County. Discussion.held in depth regarding the lot size as proposed in the Subdivision Ordinance, and as requested by Morro Sands Land Company. MINUTES - City Council Meeting July 12, 1966 Page Two Comments were heard from Mr. Jack Youngs in opposition to the approval of the sub -standard lots as proposed. MOTION: Councilman Keiser moved that the matter be re- ferred back to the Planning Commission stating that the requirements for drainage, water, fire' hydrants, sewage, streets, and design will be accepted and carried out by the subdivider as asked by the Planning Commission. The only thing that would be different would be the size of the lots. After discussion among members of the Council, Councilman Keiser's motion was amended to read as follows: MOTION: That the re -subdivision of lots within Tract 357 be approved as presented on the tentative map as amended, and that the Planning Commission be directed to continue the proceedings to finalize the sub -division. Mayor Surfluh suggested thai,_we urge prompt attention to this matter. Councilman Bickford seconded. Roll call vote, motion passed. AA=2 Appearance of representative.of.Morro Bay Yacht Club Mr. White read a letter from the Morro Bay Yacht Club addressed to the City Council requesting that.they be placed on the agenda for tonight's meeting. Mr. Ed Carnegie, representing the Morro Bay Yacht Club, requested that the Council make a determination at the earliest possible date regarding the transfer of lease site from Evenson. Discussion held regarding the annual rental fee. Mr. Kardel stated he would have a lease assignment at the next Council meeting. UNFINISHED BUSINESS B-1 RESOLUTION NO. 80-6.6. RESOLUTION APPROVING CHANGE ORDER NUMBER ,.SEL CT SY TEM PROJECT NUMBER 26 Mr. White reviewed the changes required for this project. He then read Resolution No. 80-66 in its entirety. MOTION: Councilman Bickford moved that Resolution No. 80-66 be approved. Councilman Bowen seconded. Roll call vote, motion carried. MINUTES - City Council Meeting July 12, 1966 Page Three B-2 Request for extension of time to -completion of contract, Select System Project No. 24 Mr. White briefly reviewed the reasons for this request. A Minute Order was recommended to extend the date of completion to July 22, 1966. MOTION: Councilman Bickford moved that the completion date on Select System•Project No. 24 be extended to July 22, 1966. ;Mayor Surfluh seconded. Motion carried. B=3 Ordinance No. 45, Tree Ordinance. (Second reading) Mr. White stated that Ordinance No. 45 had been read for the first time at the regular City Council meeting held on June_ 28, 1966. MOTION: Councilman Bowen moved that Ordinance No. 45 be read by title only. Mayor Surfluh seconded. Roll call vote, motion carried. Ordinance No. 45 was read by title only. Mr. White then summarized Ordinance No. 4S for the benefit of the Council and those present. MOTION: Councilman be adopted call vote, NEW BUSINESS` Bickford moved that Councilman Keiser motion carried. Ordinance No. 45 seconded. Roll CC=1 Request and petition to remove tree from City right-of- way. Mr. White read a petition submitted by Mr. F, Mrs. Arthur Coleman of the Sundown Motel, signed by 17 property owners adjacent to or opposite this location, to remove a tree near the corner of Main and Marina Streets. Discussion followed. MOTION: Councilman Bowen moved that this request be granted to remove said tree. Said tree to be replaced in a location decided upon by the Director of Public Works. Councilman Bickford seconded. Motion passed. CC_2 Request of Mrs. Chris George to vary method of payment from semi-annual to monthly - lease sites 71 F, 72, 71W & 72W Mr. White reviewed the request of Mrs. George to change their method of payments on above lease sites due to circumstances which would cause a hardship. MINUTES - City Council Meeting July 12, 1966 Page Four MOTON: Councilman Bickford moved that this request to vary the method of payment on lease sites 71 $ 72, 71W $ 72W be approved. Mayor Surfluh seconded. Motion carried. C-3 Dockage fees which are delinquent. Mr. White stated there are several dockage fees which are delinquent and asked that they be given permission to remove these past due accounts from Accounts Receivable and place them in a dead file. A Minute Order was recommended. MOTION: Councilman Bickford moved that the delinquent dockage fees be removed from Accounts Receivable and placed in a dead file. Councilman Bowen seconded. Motion carried. TIME RESERVED FOR INDIVIDUAL ACTION Councilman Bickford stated that he and two Planning Commissioners had talked to Loren Matthias in Manteca regarding his possible employment as Planning Director, and it is the unanimous recommenda- tion of this committee that Mr. Matthias be hired. MOTION: Councilman Bowen moved that Loren Matthias be employed as the Director of Planning and Building for the City of Morro Bay at Step 3, Range 36. Councilman Keiser seconded. Roll call vote, motion carried. Mr. White stated Mr. Matthais will be contacted immediately, and a definite date determined when he will be able to assume this position. Councilman Bowen gave a brief report concerning the dedication of City Hall. He read a letter from the Masonic Lodge No. 719, asking if the date of September 24, 1966, is acceptable to the Council for said dedication. Discussion held regarding what fraternities and organizations would participate in the dedication. MOTION: Councilman Bowen moved that Saturday, September 24, 1966 be set aside for the formal dedication of the Morro Bay City Hall. Mayor Surfluh seconded. Motion carried. Councilman Bickford made a brief report of the first meeting of the Air Pollution Committee, and stated the next meeting is tentatively set for August 3, 1966. MINUTES - City Council Meeting July 12, 1966 Page Five Councilman Keiser reviewed the Recreation Department's schedule of activities. City Attorney, Peter Kardel, stated that the Restraining Order placed on the City by the County has been lifted by Court Order, and the Injunction written in favor of the City. In the matter of the Morro Bay Taxpayer's law suit against the City, Mr. Kardel stated the depositions and discovery proceedings were deferred until September 26, 1966. CORRESPONDENCE 1. Letter from Vice President Hubert H. Humphrey regarding City Manager's conference to be held in Washington, D.C. on July 28th. Confirmation is needed. After discussion, it was determined that this conference need not be attended. 2. List of people invited to attend the meeting relating to traffic safety, U. S. Highway One, to be held July 29th at the Del Mar Elementary School. 3. Notice of meeting of the Small Craft Harbors Commission to be held July 18th at Redondo Beach. 4. Notification of change of personnel from Division of Highways in San Luis Obispo re: Ralph A. Lejonhud F, George Wofford. S. Copy of a letter from Larry Davis, Estero Lodge No. 719, regarding dedication of City Hall. 6. Letter from San Luis Obispo Economic Development Committee enclosing a copy of Dr. Joice B. Stone's Planning Conference Evaluation Report. 7. Letter from Mrs. Virginia J. Ronsom regarding camping facilities in Morro Bay. 8. Copy of a brochure from Dr. George A. Snyder addressed to City Council $ your Doctors $ Dairys. MOTION: Councilman Bickford moved that the correspondence be filed. Mayor Surfluh seconded. Motion passed. ADJOURNMENT MOTION: Councilman Keiser moved that this meeting be adjourned to executive session. Councilman Bickford seconded. Motion carried. Meeting adjourned at 9:53 P.M. RECORDED BY: 0 . C. WHITE,City clerk CITY OF MORRO BAY AGENDA - City Council Meeting June 28, 1966 - 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of June 14, 1966 2. Regular adjourned meeting of June 17, 1966. HEARINGS AND APPEARANCES A-1 Appearance of R. Born relating to water development. A-2 Public hearing on construction of improvements in Improvement District No. 2 (continued from June 14th). A-3 Public consideration of 1966-67 budget. A-4 Financial report and transfers. FINISHED BUSINESS B-1 Atascadero Beach State Park access and sewer hook-up agreements. B-2 Ordinance No. 43, Adopting Rules and Regulations Governing the Discharge of Dumping of Sewage (2nd reading). B-3 Ordinance No. 44, Peace Officer Standards and Training (2nd reading). B-4 Lease sites 200 & 201 - Central Coast Investors. B-5 Resolution Accepting Low Bid and Approving Contract for Installation of Sewage Meters. NEW BUSINESS C-1 Ordinance No. 45, Tree Ordinance (first reading) C-2 Resolution Approving Permit to Install a Pay Telephone on City Pier. C-3 Resolution Granting Variance to E. Spiva. C-4 Resolution Approving Contract for Examination and Testing Services. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT Calendar 1. Council Meetings: July 12 and 26, 1966. 2. Planning Commission Meetings: July 5 and 19, 1966. MINUTES - City Council Meeting June 28, 1966 -- 7:30 P.M. Morro Bay Recreation Hall The regular meeting of the City Council convened at 7:35 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 of June 14th and regular adjourned meeting of June 17, 1966, were considered: MOTION: Mayor Surfluh moved to dispense with the reading of the minutes. Councilman Bickford seconded. Motion carried. Mayor Surfluh asked if there were any corrections or additions to be made to either set of minutes. MOTION: Councilman Bickford moved that the minutes of the regular meeting of June 14th and .the regular ad- journed meeting of June 17, 1966, be approved as written. Councilman Bowen seconded. Motion carried. HEARINGS. APPEARANCES AND REPORTS Peter Kardel, City Attorney, asked that Councilman Bickford be allowed to give a brief resume on the Thomas, et al, law suit before the regular order of business commences. Councilman Bickford reviewed briefly the steps which are being taken in trying to resolve this litigation. A=1 Appearance of Robert Born, County Hydraulic Engineer Mr. Born reviewed the past actions taken by his office relative to water development and the proposed Santa Rita Creek and Jack Creek reservoir sites. He also reviewed the status of the sea water desalination program and indicated that if the State did choose to construct such a plant in the greater Morro Bay area that water would not be available prior to 1973. A map was displayed showing the major portion of the County and the proposed Santa Rita Creek and Jack Creek projects. Mr. Born re- quested the Council to indicate to the Board of Supervisors what actions should be taken on behalf of the City of Morro Bay to further the projects, and offered the following suggestions: MINUTES - City Council Meeting June 28, 1966 Page Two First, to request that the survey of the Toro Creek terminal reservoir site be made; second, to proceed with contractual nego- tiations and that a negotiation.team be appointed by the City Council; third, that if the project proves feasible, that Santa Rita Creek reservoir be built first, to be followed by the Jack Creek reservoir, and; fourth, that a request be made for Davis- Grunsky funds and all Federal and State grants which are avail- able. Lengthy discussion held regarding the aspects of the aforementioned suggestions and to the water needs of the City of Morro Bay in the years to come. MOTION: Councilman Bickford moved that we approve, in essence, this project and convey this approval to the Board of Supervisors for their appropriate action. Councilman Keiser seconded., Councilman Bickford amended the above motion to add that we advise the Board of Supervisors that we prefer they proceed with the survey of the Toro Creek Reservoir site, that the Santa Rita Creek Reservoir should be constructed as the initial project, that the Davis-Grunsky funds and Federal and State grant funds be secured, and a negotiating committee be appointed to proceed with contractual arrangements. Councilman Keiser seconded the amended motion. Roll call vote, unanimously passed. A=2 Public Hearing on construction of improvements in Improvement District No. 2 (continued from June 14) Mayor Surfluh advised those present that this hearing was continued from June 14th and declared the public hearing open. Mr. white reviewed the action of the Council on June 14th relative to this Improvement District and indicated to the Council that changes were requested by certain of the property owners within the District that action be taken to include in their assessment the acreage charge for purchase of capacity in the existing sanitary sewer system. Due to this request, the hearing had to be continued to this date and consents to the change in work and increase in assessments had to be secured from those interesedindividuals. The consents are now on file with the proceedings. The following action was taken by the City Council regarding Improvement District No. 2: RESOLUTION NO. 69-66. RESOLUTION AMENDING RESOLUTION OF -INTENTION NO. 1 -65 IN THE MATTER OF WORK TO BE DONE IN IMPROVEMENT DISTRICT NO. 2, CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA MINUTES - City June 28, 1966 Page Three Council Meeting Mr. White read resolution no. 69-66 in its entirety. MOTION: Mayor Surfluh moved for the adoption of Resolution No. 69-66. Councilman Bickford seconded. Roll call vote, unanimously passed. RESOLUTION NO. 70-66. RESOLUTION DIRECTING ENGINEER OF WORK FILE AN AMENDED ENGINEER'S REPORT, IMPROVEMENT DISTRICT NO. 2, CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA Resolution No. 70-66 was read in its entirety. MOTION: Councilman Bickford moved to adopt Resolution No. 70-66. Councilman Bowen seconded. Roll call vote, unanimously passed. AMENDED ENGINEER'S REPORT 6 ASSESSMENT MOTION: Mayor Surfluh moved that the Amended Engineer's Report F, Assessment be filed. Councilman Bickford seconded. Motion passed unanimously. Mayor Surfluh then declared the public hearing closed. Mr. White requested the Council consider Resolution. No. 71-66 at this time as it is required in the proceedings of the Improvement District. RESOLUTION NO. 71-66. RESOLUTION OVERRULING PROTESTS Mr. White summarized Resolution No. 71-66 for the benefit of the Council and those present. MOTION: Mayor Surfluh moved that Resolution No. 71-66be read by title only. Councilman Bickford seconded. Roll call vote, unanimously passed. Resolution No. 71-66 was read by title only. MOTION: Councilman Bickford moved that Resolution No. 71-66 be adopted. Councilman Bowen seconded. Roll call vote, unanimously passed. AMENDED ENGINEER'S ESTIMATE OF COST MOTION: Councilman Bowen moved that the Amended Engineer's Estimate of Cost be filed. Councilman Keiser seconded. Motion passed unanimously. MINUTES - City Council Meeting June 28, 1966 Page Four RESOLUTION NO. 72-66. RESOLUTION AND ORDER APPROVING AMENDED ENGINEER'S REPORT, ORDERING THE CONSTRUCTION OF IMPROVE- MENTS AND THE ACQUISITION OF RIGHTS -OF -WAY AND EASEMENTS AND CAPACITY IN EXISTING SANITARY SEWER SYSTEM, AND CONFIRMING ASSESS- MENT, IMPROVEMENT DISTRICT NO. 2, CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. Mr. White summarized Resolution No. 72-66 for the benefit of the Council and those present. MOTION: Mayor Surfluh moved that Resolution No. 72r66 be read by title only. Councilman Bowen seconded. Roll call vote, passed unanimously. Resolution No. 72-66 was read by title only. MOTION: Councilman Bickford moved that Resolution No. 72-66 be adopted. Councilman Keiser seconded. Roll call vote, unanimously passed. RESOLUTION NO. 73-66. RESOLUTION OF AWARD OF CONTRACT Mr. White read Resolution No. 73-66 in its entirety. MOTION: Mayor Surfluh moved to adopt Resolution No. 73-66. Councilman Bickford seconded. Roll call vote, unanimously passed.- A_3 Public consideration of 1966/67 Budget. Mr. White projected on a screen the.Preliminary Budget approved on June 17th. Each department's recommended budget allocation was reviewed for the benefit of the Council and audience, with comments relative to each budget account. RECESS: 9:25 P.M. RECONVENED: 9:35 P.M. Mr. White presented a tentative forecast for the Budget for 1966/67 for public and Council consideration: As this concluded the presentation of the Preliminary Budget, Mayor Surfluh declared that discussion on the Budget was now open to the public, asking for comments or suggestions from anyone present. Mr. D. C. Peck and Dr. Carl Kolb asked that the Council defer the adoption of the final budget for a few days so that the Morro Bay Taxpayer's Association would have a chance to discuss the proposed budget and make their recommendations. Discussion was held regarding the lack of interest shown by the general public in not attending and participating in the scheduled budget hearings. 0 MINUTES -City Council Meeting June 28, 1966 Page Five MOTION: Councilman Mallery moved to extend the final adoption of the budget for one week, which would be July 6th. Motion died for a lack of a second. MOTION: Councilman Keiser moved for the adoption of the 1966/67 budget as presented. Councilman Bickford seconded. Mr. White informed the Council that the Budget must be adopted by Ordinance. ORDINANCE No. 46. AN ORDINANCE APPROVING AND ADOPTING A BUD ET FOR THE FISCAL YEAR 1966/67 Ordinance No. 46 was read in its entirety by Mr. White. MOTION: Councilman Keiser moved for the adoption of Ordinance No. 46. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser $ Mayor Surfluh NOES: Councilman Mallery Motion passed. A-4 Financial Report and Transfers Mr. White presented the Financial Report covering the period of May 15, 1966 through June 15, 1966 with one transfer of $500 to Account No. 1400 as per contract. MOTION: Councilman Bowen moved that the Financial Report for the period of May 1S, 1966 through June 15, 1966 be approved. Councilman Bickford seconded. Motion passed. UNFINISHED BUSINESS Peter Kardel, City Attorney, presented the Council with a transcript of the hearing held in Sacramento on May 6, 1966, for their con- sideration. B-1 Atascadero Beach State Park Access & Sewer Hook Up Agreements. The City Attorney reviewed the progress made in resolving this matter with the State. The changes which the State has proposed were explained. MINUTES - City Council Meeting June 28, 1966 Page Six The City Attorney recommended that the Council authorize Mayor Surfluh to sign the Sewer Agreement as amended. RESOLUTION NO. 74-66. RESOLUTION APPROVING SEWER HOOK UP & SERVICEAGREEMENT FOR ATASCADERO STATE BEACH. Mr. White read Resolution No. 74-66 in its entirety. MOTION: Mayor Surfluh moved for the adoption of,,.Resolution No. 74-66. Councilman Bickford seconded. Roll call vote, unanimously passed. The Access Agreement was reviewed in detail, and Mr. Kardel stated that the State has requested a 30-day termination right for both the State and the City of Morro Bay on the Azure Street entrance. RESOLUTION NO. 75-66. RESOLUTION APPROVING AGREEMENT RELATINGACCESS TO ATASCADERO STATE BEACH. Resolution No. 75-66 was read in its entirety. MOTION: Councilman Bickford moved that Resolution No. 75-66 be adopted. Mayor Surfluh seconded. Roll call vote, passed unanimously. B-2 ORDINANCE NO. 43. AN ORDINANCE CREATING AND ADDING SECTION 9212 TO CHAPTER II, TITLE IX OF THE MORRO BAY MUNICIPAL CODE, ADOPTING RULES AND REGULATIONS GOVERNING THE DISCHARGE OR DUMPING OF RAW OR CHEMICALLY TREATED SEWAGE. Mr. White summarized Ordinance No. 43 for the benefit of the Council and those present. MOTION: Mayor Surfluh moved that Ordinance No. 43 be read by title only. Councilman Bickford seconded. Roll call vote, passed unanimously. Ordinance No. 43 was read by title only. MOTION: Councilman Bickford moved that Ordinance No. 43 be adopted. Councilman Bowen seconded. Roll call vote, unanimously passed. B-3 ORDINANCE No. 44. AN ORDINANCE CREATING CHAPTER XI TO TITLE II OF THE MORRO BAY MUNICIPAL CODE, ENTITLED PEACE OFFICER STANDARDS AND TRAINING. MOTION: Mayor Surfluh moved to read Ordinance No. 44 by title only. Councilman Bickford seconded. Roll call vote, passed unanimously. Mr. White read Ordinance No. 44 by title only. MOTION: Councilman Bickford moved that Ordinance No. 44 be adopted.. Councilman Keiser seconded. Roll call vote, unanimously passed. MINUTES - City Council Meeting June 28, 1966 Page Seven B-4 Lease Sites 200 F, 201 - Central Coast Investors The City Attorney informed the Council that this will have to go off of the Agenda because of the action brought against the City by the County. Kendall Jenkins presented the City Administrator with a check for the rent which is due on Lease Sites 200 g 201 for the next six months. City Administrator to hold the check pending a review of the Court Order. B-5 RESOLUTION NO. 76-66. RESOLUTION AWARDING CONTRACT FOR FURNISHINGAND INSTALLING SEWAGE METERS. Mr. White read Resolution No. 76-66 in its entirety. He then re- viewed the bids received on this project and recommended that the Council approve Resolution No. 76-66. MOTION: Councilman Keiser moved for the adoption of Resolution No. 76-66. Councilman Bickford seconded. Roll call vote, unanimously passed. NEW BUSINESS C-1 ORDINANCE NO. 45. AN ORDINANCE CREATING CHAPTER V, TITLE IX F THE MORRO BAY MUNICIPAL CODE, ENTITLED TREE ORDINANCE. MOTION: Councilman Bickford moved that Ordinance No. 45 be read by title only. Councilman Bowen seconded. Roll call vote, passed unanimously. Mr. White read Ordinance No. 45 by title only for the first reading. The second reading to be on July 12, 1966. C-2 RESOLUTION NO. 77-66. RESOLUTION APPROVING REVOCABLE ENCROACHMENT PEA FOR THE INSTALLATION OF A PUBLIC TELEPHONE ON CITY PROPERTY. Mr. White read Resolution No. 77-66 in its entirety. MOTION: Councilman Bowen moved for the adoption of Resolution No. 77-66. Councilman Keiser seconded. Roll call vote, passed unanimously. C-3 RESOLUTION NO. 78-66. RESOLUTION GRANTING VARIANCE TO EDWARD SP A. Mr. White reviewed the request of Mr. Spiva for this variance. He informed the Council that the Planning Commission has recommended that this variance be granted. MOTION: Councilman Mallery moved that Resolution No. 78-66 be read by title only. Councilman Bowen seconded. Roll call vote, passed unanimously. MINUTES - City Council Meeting June 28, 1966 Page Eight Mr. White read Resolution No. 78-66 by title only. MOTION: Councilman Mallery moved for the adoption of Resolution No. 78-66. Councilman Bickford seconded. Roll call vote, unanimously passed. C-4 RESOLUTION NO. 79-66. RESOLUTION APPROVING AN AGREEMENT WITH COOPERATIVE PERSONNEL SERVICES, CALIFORNIA STATE PERSONNEL BOARD AND RESCINDING RESOLUTION NO. 46-65. Mr. White reviewed the testing service for the benefit of the Council. Resolution No. 79-66 was then read in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 79-66. Councilman Bowen seconded. Roll call vote, passed unanimously. C-5 City Neon, Inc. representing Cozy Nook Cafe Mr. White read a letter from City Neon, Inc. representing Cozy Nook Cafe appealing the decision of the Planning Commission in denying their application for an additional on -site sign. Discussion held among members of the Council regarding this appli- cation and denial by the Planning Commission. MOTION: Councilman Bickford moved that we deny this appeal and uphold the decision of the Planning Commission. Councilman Mallery seconded. Roll call vote, unanimously passed. OTHER BUSINESS C-6 Re: Cayucos 4th of July Parade Mr. White asked for a confirmation of how many Councilmen will ride in said parade. After discussion, it was determined that the entire Council will participate. C-7 Select System Projects No. 23 and 26 A Minute Order was called for -to ask for an extension of seven days on the contract period. MOTION: Councilman Bickford moved to grant the seven day extension on Select System Project Nos. 23 F, 26. Councilman Bowen seconded. Motion carried. TIME RESERVED FOR INDIVIDUAL ACTION Mr. Murray Garrison commented on Mr. White's letter to P.G. F, E. regarding the fall -out investigation, and stated he was not in agreement with this letter. Discussion held regarding the first meeting of the committee to study this fall -out condition. • 0 MINUTES - CIty Council Meeting June 28, 1966 Page Nine Discussion held regarding the purchase of the two old fire trucks by Mr. Joe Giannini and when they would be available for delivery. MOTION: Councilman Bickford moved that we authorize the release of the Seagrave fire truck to Mr. Giannini in accordance with his purchase agreement. Council- man Keiser seconded. Motion carried. Councilman Mallery asked if the letter from Mrs. Sorgen regarding the Morro Del Mar Fire Department being manned 24 hours had been answered. Mr. White stated that to his knowledge it has been answered. CORRESPONDENCE 1. Letter from Congressman Burt Talcott re: Morro Rock 2. Notice from League of Calif. Cities re: All Channel Counties meeting on July 28, 1966 at Ojai, Calif. 3. Letter from Mrs. Lois King Crumb, County Librarian, re: luncheon meeting on July 8th. 4. Announcement from Institute of Transportation & Traffic Engineering, University of Calif. re: Seminar on Highway Capacity. 5. Notice of Public Hearing re: Mandatory Petition for formation of Los Osos Community Services District. 6. Letter from Mervyn M. Dymally re: Industrial Relations Committee. 7. Letter from Morro Bay Yacht Club expressing appreciation for the efforts of the Council on their behalf. 8. Letter from Mrs. Mary Woolman, Point Motel, critizing the Morro Bay Taxpayer's Association. MOTION: Councilman Bickford moved that the correspondence be filed. Mayor Surfluh seconded. Motion carried. ADJOURNMENT MOTION: Councilman Bowen moved that the meeting be adjourned. Councilman Keiser seconded. Motion carried. Meeting Adjourned at 11:48 P.M. RECORDED BY: �. �Kj 2J C. TED WHITE, City Clerk v MINUTES - City Council Regular Adjourned Meeting June 17, 1966 7:30 P.M. Morro Bay Recreation Hall This meeting was a regular adjourned session from the regular meeting held on June 14, 1966. Mayor Surfluh opened the meeting at 7:50 P.M. ROLL CALL PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: None Mayor Surfluh asked the City Administrator to reconsider Budget Account 14001 City Attorney. Discussion was held regarding the advisability of placing the amounts for attorney fees other than the monthly retainer in the unbudgeted reserve as it was tentatively approved at the adjourned meeting of the Council held on June 2, 1966. If costs for the coming fiscal year are to be related to costs of the current fiscal year, a determination should be made and the total amount budgeted, according to Mayor Surfluh. Discussion held regarding this proposal. MOTION: Mayor Surfluh moved to. budget $40,000 under Item 15 of Budget Account 1406, City Attorney, for the coming fiscal year. Seconded by Councilman Bickford. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser F, Mayor Surfluh NOES: Councilman Mallery Budget Account 1600, Planning Commission The proposal to reimburse Planning Commissioners $10 per meeting was discussed, and after much deliberation, MOTION: Councilman Bowen moved to reimburse members of the Planning Commission in the amount of $10 for each regularly scheduled meeting of the Planning Commission, which they attend. Seconded by Councilman Bickford. Roll call vote: AYES: Councilmen Bickford, Bowen $ Mayor Surfluh NOES: Councilmen Keiser & Mallery MOTION: Mayor Surfluh moved to approve Budget Account 1600, Planning Commission. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser $ Mayor Surfluh NOES: Councilman Mallery MINUTES - City Council Regular Adjourned Session June 17, 1966 Page Two Budeet Account 2500. Police Department Councilman Keiser requested that the City Council consider the differentiation in pay range between Policewoman and Police Officer and stated that it was her opinion that these two jobs were equal in responsibility and they should require the same amount of pay. Much comment was made in favor of and in opposition to this pro'- posal and the City Administrator recommended that the salary range be increased three steps, from Range 14 to Range 17 for Police- woman classification. City Administrator recommended that a resolution be adopted amending Resolution No. 60-66 which related to the salary program as adopted on May 31, 1966. A verbal resolution, No. 68-66, was presented for the Council's con- sideration and it read as follows: "RESOLVED that the City Council of the City of Morro Bay hereby amends Resolution No. 60-66 entitled "Resolution Adopting a Salary Schedule and Position Classifications Assigning City Employees to Classi- fications and Salary Steps Within the Respective Ranges of the Salary Schedule, Describing Methods of Advancement and Repealing Previous Salary Resolu- tions", passed and adopted on May 31, 1966, by changing Section 2, Position Classifications, Police and Fire Classifications, Policewoman, from Range 14, Salary $417 - 521, to Range 17, Salary $455 - 565. MOTION: Councilman Bickford moved to adopt Resolution No. 68-66. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser F, Mayor Surfluh NOES: Councilman Mallery Discussion was held relative to the request of Chief Holeman for the addition of personnel to his department. After considerable dis- cussion, the following motion was made. MOTION: Councilman Bickford moved that the Police Department be authorized to hire one additional Policewoman. Councilman Bowen seconded. Councilman Bowen requested that the word "only" be inserted after the word "Policewoman" in the original motion. Councilman Bickford concurred to the amend- ment to the original motion, and Councilman Bowen concurred to the second. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser $ Mayor Surfluh NOES: Councilman Mallery • MINUTES - City Council Regular Adjourned Session June 17, 1966 Page Three Further discussion held relative to the total requirements of the Police Department for the coming fiscal year. MOTION: Councilman Bickford moved to approve Budget Account 2500, Police Department, as amended at this meeting. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser & Mayor Surfluh NOES: Councilman Mallery Budget Account 1500, Finance City Administrator reminded the Council that at their regular meeting on June 14 they had approved the implementation of Data Processing by contract with the Bank of America for revenue and expenditure account- ing, and that this budget account previously approved will require an additional expenditure be authorized. MOTION: Councilman Bickford moved that Item 15 be increased by the amount of $600 for the Data Processing accounting. Seconded by Councilman Bowen. Roll call vote, unanimously passed. City Administrator informed the Council that this concluded the con- sideration to be given to the individual budget accounts and that now the Capital Improvement Program and the Equipment Replacement Program should be considered. Revisions to the Capital Improvement Program since the first budget conference were brought to the attention of the City Council. MOTION: Councilman Bickford moved that the Capital Improvement Program, as amended, be approved. Seconded by Council- man Keiser. Roll call vote, unanimously passed. The Equipment Replacement Program was again reviewed for the benefit of the Council and'those present. It was the general concensus and opinion that the Equipment Replacement Program was vital to the oper- ation of the City and that it should be approved. MOTION: Councilman Bickford moved that the Equipment Replacement Program be approved. Councilman Bowen seconded. Roll call vote, unanimously passed. The City Administrator informed the members of the Council that this completed consideration of the Preliminary Budget, as all departmental budgets and the Capital Improvement Program and the Equipment Replace- ment Program have been approved individually. This Budget can be con- sidered preliminarily adopted. i MINUTES - City Council Regular Adjourned Session June 17, 1966 Page Four Mayor Surfluh entertained a motion to adjourn this meeting to executive session to consider personnel matters. MOTION: Councilman Keiser moved to adjourn to executive session to consider personnel matters. Councilman Bickford seconded. Passed unanimously. Meeting adjourned to executive session at 10:45 P.M. RECORDED BY: C. TED WHITE, City Clerk MINUTES - City Council Executive Session June 17, 1966 10:55 P.M. Meeting convened from adjourned session previously held. Discussion was held regarding the recent oral interviews conducted for the position of Planning Director. The findings of the oral interview board were discussed. It was determined by members of said board that the most qualified applicant was Mr. Loren Mathias, currently employed as Planning Director for the City of Manteca. MOTION: Councilman Bickford moved that Mr. White be authorized to contact Mr. Mathias to determine when it would be convenient to meet with him in Manteca to discuss possible employment. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser $ Mayor Surfluh NOES: Councilman Mallery, ADJOURNMENT MOTION: Councilman Bickford moved to adjourn. Bowen seconded. Passed unanimously. Meeting adjourned at 11:05 P.M. RECORDED BY: 0 L. PED WH11E, City Cierk Councilman w CITY OF MORRO BAY AGENDA - City Council Meeting June 14, 1966 - 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES: 1. Regular Meeting of May 24, 1966 2. Regular Adjourned Meeting of May 31, 1966 3. Regular Adjourned Meeting of June 2, 1966 4. Regular Adjourned Meeting of June 8, 1966 HEARINGS, APPEARANCES $ REPORTS: A-1 Appearance of Mrs. Fred Schenck regarding Library service. A-2 Hearing on construction of improvements in Improvement District No. 2. A-3 Appearance of representative of Greater Morro Bay Harbor Development Association. A-4 Appearance of representative of Estero Lodge. No. 719, F. $ A. M. UNFINISHED BUSINESS: B-1 Resolution of Intention to Adopt a Subdivision Ordinance and Setting Date for Hearing. B-2 Morro Bay Yacht Club request to transfer lease. B-3 Lease Sites 200 $ 201 - Central Coast Investors. ' B-4 Resolution of Intention to Abandon City Street. B-S Resolution approving agreement for floating dock. B-6 Notice of Completion for construction of street improvements, S.S. Project No. 22. NEW BUSINESS: C-1 Ordinance No. 43 - Adopting Rules and Regulations Governing the Discharge or Dumping of Sewage. C-2 Ordinance No. 44 - Peace Officer Standards and Training. C-3 Ordinance No. 45 - Tree Ordinance. C-4 Presentation of petition requesting passage of ordinance controlling burning of fuel oil. C-S Letter from Letha H. Motto regarding removal of electric meters. C-6 Resolution approving agreement with San Luis Coastal Unified School District - Vocational Education Project. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney. CORRESPONDENCE ADJOURNMENT Calendar 1. Council Meeting: June 28 and July 12, 1966. 2. Planning Commission Meetings: June 21 and July 5, 1966. MINUTES - City Council Meeting June 14, 1966 7:30 P.M. Morro Bay Recreation Hall The regular meeting of the City Council convened at 7:40 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 of the regular meeting of May 24, 1966, and regular ad- journed meetings of May 31, June 2 and June 8, 1966 were considered. MOTION: Mayor Surfluh moved to dispense with the reading of the minutes of May 24 $ 31 and June 2 $ 8, 1966. Councilman Bowen seconded. Motion carried. Mayor Surfluh asked if there were any corrections or additions to be made to the minutes. I Councilman Mallery stated that in the minutes of May 24th, Item B-7 on the Agenda, Crill Sub -lease, he had made the motion and Councilman Keiser seconded the motion. He also wants inserted into said motion after the words "6 years 5 months" the words "with a 5 year appraisal period to remain." In the minutes of June 8, Page Two, first paragraph beginning with the words "roll call vote", Councilman Mallery wants the words "as amended by Mayor Surfluh" inserted between "Mallery"and "which". MOTION: Mayor Surfluh moved -to adopt the minutes of May 31st and June 2nd as written, and to adopt the minutes of May 24th and June 8th as corrected. Councilman Keiser seconded. Motion carried. HEARINGS, APPEARANCES $ REPORTS A=1 Appearance of Mrs. Fred Schenck re: Library service Mrs. Schenck reviewed for the benefit of the Council and those present factual information relating to the County operated library and urged the Council to form a committee to study the possibility of establishing a City Library. MOTION: Councilman Keiser moved that a committee be formed to study the situation and to consider the possi- bility of helping in the selection of the books presently in the Library. Discussion held regarding the ordering of books requested. Councilman Mallery seconded. Motion carried. Mayor Surfluh appointed Councilman Keiser as Chairman of the committee, and additional members will be appointed at a later date. MINUTES - City Council Meeting June 14, 1966 Page Two A-2 Hearing on Construction of Improvements in Improvement District No. 2 Mr. White stated that since this has been advertised as a public hearing to open at 8:00 P.M., this item should be deferred until after Agenda Item A-4. A-3 Appearance of representative of Greater Morro Bay Harbor Development Association. It was recommended that due to the length of this item, it be de- ferred until after Agenda Item A-4. A-4 Appearance of representative of Estero Lodge No. 719, F. $ A. M. Mr. Larry Davis, representing said Lodge, discussed the possible dedication of the new City Hall and asked that the Grand Master of their Lodge, if at all possible, be allowed to participate in the dedication. Discussion held regarding the Lodge being willing to participate in said dedication with other groups. MOTION: Councilman Bowen moved that the Masonic Lodge work in conjunction with other sects and a committee be appointed to explore this further. Councilman Keiser seconded. Motion passed. Mayor Surfluh appointed Councilmen Bowen and Mallery to said com- mittee. A-2 Hearing on Construction of Improvements in Improvement District No. 2 Mr. White reviewed the location of Improvement District No. 2 for the benefit of the Council and those present. Mayor Surfluh de- clared the hearing open for public discussion. Mr. S. L. Taylor, City Engineer, reviewed the bid summary for this project and recommended that the low bid be accepted. Mr. John Den-Dulk stated that some of the property owners involved had not received notification of the added assessment of the $300 per acre surcharge for connecting to the sewer system and recommended that this hearing be continued until such time as all property owners are so notified. MOTION: Councilman Bickford moved that the hearing be con- tinued until the next regular Council meeting on June 28, 1966. Councilman Bowen seconded. Motion carried. MINUTES - City Council Meeting June 14, 1966 Page Three A-3 Appearance of representative of Greater Morro Bay Harbor Development Association Mr. White read the letter received from the Greater Morro Bay_ Harbor Development Association asking to be placed on the agenda at this meeting. Mr. Joe Giannini stated the Association wanted answers to their questions stated in their letter of May 17, 1966, relating to the Unruh Bill and the expediting of the processing of waterfront leases. He requested that the answers.be presented to them in writing due to the fact that some of their members were unable to attend this meeting. City Attorney stated he would answer said questions in a letter to Mr. Giannini. UNFINISHED BUSINESS B-1 Resolution No. 61-66. RESOLUTION OF INTENTION TO ADOPT A B SION ORDINANCE AND SETTING DATE FOR HEARING. Mr. White stated the Planning Commission has been considering a proposed Subdivision Ordinance and have held a public hearing. They have presented a resolution to the Council recommending the adoption of said Subdivision Ordinance. Resolution No. 1-66 was read in its entirety. Mr. White then read Resolution No. 61-66 in its entirety. MOTION: Councilman Bickford moved that Resolution No. 61-66 be approved. Mayor Surfluh seconded. Roll call vote, unanimously passed. B-2a Request of Virg Moore for additional waterfront property. Discussion was held regarding this request and the proposed use of the property to be leased. Discussion also held regarding the rental fee the lessee would pay, and the reason for granting a one year lease. MINUTE ORDER: It was suggested that the use be specified, that it be at a monthly rental fee of $45, that the term of the lease end on July 14, 1967, that the permit be issued as soon as the lessee complies with the present lease agreement he has with the City. MOTION: Councilman Bickford moved that the use permit be granted with the provisions that the use of the property be specified, that the monthly rental fee be $45, that the permit be issued upon com- pliance of the lessee with the existing lease agreement with the City, and that the term will expire on July 14, 1967. Councilman Keiser seconded. Motion carried. 0 MINUTES - City Council Meeting June 14, 1966 Page Four B-2b Request of Morro Bay Yacht Club to transfer lease. T_ Comments were heard from Mrs. Byrn Phillips and Mr. Ed Carnegie regarding this request. Mr. Carnegie reviewed the Yacht Club's anticipated goals in accomodating visitors to this area. Dis- cussion held among the Council regarding the monthly fee to be charged due to the fact that the Yacht Club is a non-profit organization. MOTION: Councilman Mallery moved to authorize the City Attorney to justify a no -rent basis. Councilman Keiser seconded. Motion carried. After discussion, it was determined a meeting will be held between a committee of the Council and representatives of the Yacht Club on Wednesday, June 15, 1966, at 4:30 P.M. at the Morro Bay Yacht Club. B-3 Lease Sites 200 $ 201 - Central Coast Investors. Peter Kardel, City Attorney, reviewed the proposed development program of Central Coast Investors as related to the City and stated the City has three alternatives. The first being to forfeit the lease; the second, to renegotiate the lease; and third, simply to waive the past breaches and stand on the document as written without obtaining any necessary protection for the City. Discussion held regarding the length of the lease. Further dis- cussion was held regarding the percentage fee based on fair market value. Mr. Ray Gallo of the firm of Charles Ogle, Attorney at Law, repre- senting Central Coast Investors, discussed the matter of hiring an appraiser to appraise Lease Sites 200 & 201, and suggested that the City hire an appraiser and Central Coast Investors hire a separate appraiser, and the two appraisers could then decide on a fair and equitable appraisal. Kendall Jenkins commented on the time limitations for occupancy placed on their project, and asked that a 14 day occupancy period be allowed in the summer and 30 days be allowed in the winter. Mr. Gallo informed the Council that a quit -claim deed had been executed by Mr. Hart as requested. Discussion held in depth regarding the hiring of an appraiser. Discussions also held regarding the 5 year reappraisal period and the Performance Bond in lieu of the 10% deposit. Mayor Surfluh asked for a report back at the next meeting on the two above items. After discussion, Council agreed to extend the time of occupancy limits to 14 days in the summer and 30 days during the winter. MINUTES - City Council Meeting June 14, 1966 Page Five RECESS: 9:40 P.M. RECONVENED: 9:50 P.M. B-4 Resolution No. 62-66. RESOLUTION OF INTENTION TO ABANDON A P R OF BEACH STREET (Formerly 8th STREET) AND SETTING DATE FOR HEARING Resolution No. 62-66 was read in its entirety. MOTION: Councilman Keiser moved for the adoption of Resolution No. 62-66. Mayor Surfluh seconded. Roll call vote, unanimously passed. MOTION: Councilman Bickford moved that we secure a title report on said property. Councilman Bowen seconded. Motion carried. B-5 Resolution No. 63-66. RESOLUTION APPROVING AGREEMENT BY AND BETWEEN T C TY OF MORRO BAY AND THE COUNTY OF SAN LUIS OBISPO RELATING TO THE CONSTRUCTION OF A FLOATING DOCK IN MORRO BAY. Mr. White reviewed the request of the Fish $ Game Fine Committee of the County for the construction of a boat slip in Morro Bay Harbor to accomodate the local Fish g Game boat. The proposed agreement by and between the County and the City was reviewed in depth. Resolution No. 63-66 was read in its entirety. MOTION: Councilman Bowen moved that Resolution No. 63-66 be adopted. Councilman Mallery seconded. Roll call vote, unanimously passed. B=6 Resolution No. 64-66. RESOLUTION ACCEPTING WORK AND GIVING 0 IC 0 PLETION FOR STREET CONSTRUCTION WORK - SELECT SYSTEM PROJECT NO. 22 Mr. White reviewed Select System Project No. 22 for the benefit of the Council. Resolution No. 64-66 was then read in its entirety. MOTION: Councilman Bickford moved that Resolution No. 64-66 be adopted. Mayor Surfluh seconded. Roll call vote, unanimously passed. OTHER BUSINESS B-7 Resolution No. 65-66. RESOLUTION ADOPTING AND SUB- MlTTING A BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES (2107) After a review by Mr. White, Resolution No. 65-66 was read in its entirety. MOTION: Councilman Bickford moved that Resolution No. 65-66 be adopted. Councilman Mallery seconded. Roll call vote, unanimously passed. MINUTES - City Council Meeting June 14, 1966 Page Six B-8 Resolution No. 66-66. RESOLUTION ADOPTING AND SUB- MITTING B D T R EXPENDITURE OF STATE ALLOCATED FUNDS (2107.5). Resolution No. 66-66 was read in its entirety by Mr. White. MOTION: Mayor Surfluh moved that Resolution No. 66-66 be adopted. Councilman Bickford seconded. Roll call vote, unanimously passed. NEW BUSINESS C-1 Ordinance No. 43-66. AN ORDINANCE CREATING AND ADDING SECTION 9212 TO CHAPTER II, TITLE IX OF THE MORRO BAY MUNICIPAL CODE, ADOPTING RULES AND REGULATIONS GOVER- NING THE DISCHARGE OR DUMPING OF RAW OR CHEMICALLY TREATED SEWAGE. Ordinance No. 43-66 was presented to the Council for the first reading, the second reading to be on June 28, 1966. MOTION: Councilman Bowen moved that Ordinance No. 43 be read for the first time by title only. Council- man Bickford seconded. Roll call vote, passed unanimously. Mr. White then read Ordinance No. 43 by title only. C-2 Ordinance No. 44-66. AN ORDINANCE CREATING CHAPTER XI TO TITLE II OF THE MORRO BAY MUNICIPAL CODE, ENTITLED PEACE OFFICER STANDARDS AND TRAINING Ordinance No. 44-66 was read in its entirety. MOTION: Mayor Surfluh moved that this be the first reading of Ordinance No. 44-66. Councilman Bickford seconded. Rollcall vote, unanimously passed. Second reading of Ordinance No. 44-66 to be on June 28, 1966. C-3 Ordinance No. 45-66. AN ORDINANCE CREATING CHAPTER TITLE X OF THE MORRO BAY MUNICIPAL CODE It was recommended that the first reading of this ordinance be deferred until the next regular meeting, June 28, 1966. C=4 Presentation of petition requesting passage of ordinance controlling the burning of fuel oil. Mr. White read a letter received from Murray E. Garrison regarding controlling the burning of fuel oil at the P. G. & E. Plant, and also presented 6 copies of a petition containing 219 signatures. Said petition was read in full by Mr. White. 0 MINUTES - City Council Meeting June 14, 1966 Page Seven Comments were heard from Mr. Lee Smith, Division Manager of the Pacific Gas $ Electric Company regarding the procedures followed by P. G. F, E. in burning fuel oil and natural gas. Several mem- bers of the audience spoke in opposition to the burning of fuel oil and requested that an ordinance be passed to control the burning of fuel oil by P. G. $ E. After discussion among the members of the Council, it was deter- mined that a committee comprising of two councilmembers, two individuals representing the citizens, two representatives of P. G. F, E. and a member of the Health Department be appointed to make a study of the problems encountered recently. MOTION: Councilman Bickford moved that the Mayor be authorized to appoint a committee of two members from the Council to work with representatives of P. G. $ E. and the County Health Department to study this problem and make recommendations to the Council. Discussion held regarding having two citizens serve on this committee. Motion amended to include two citizens on the committee. Councilman Keiser seconded. Motion carried. Mayor Surfluh appointed Councilman Bickford to serve as Chairman, along with Councilman Keiser. Murray E. Garrison and Jack Youngs were appointed to serve as representatives of the citizens. The P. G. F, E. and Health Department representatives will be selected at a later date. CC=5 Letter from Letha H. Motto regarding removal of electric meters. Mr. White summarized the letter from Mrs. Motto regarding the City's denying permission for an existing electric service. He stated the property was inspected and did not meet with City standards, conse- quently, P. G. & E. could not install the electric service. MOTION: Councilman Bickford moved that the City Administrator contact Mrs. Motto by letter, outlining the applicable ordinance and the reasons for not installing the meters on her property. Councilman Bowen seconded. Motion carried. C-6 Resolution No. 67-66. RESOLUTION APPROVING AGREEMENT BY AND BETWEEN TY OF MORRO BAY AND THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT Mr. White reviewed the agreement with the San Luis Obispo Coastal 0 MINUTES - City Council Meeting June 14, 1966 Page Eight Unified School District, Vocational Education Project,and the City of Morro Bay. Resolution No. 67-66 was then read in its entirety. MOTION: Councilman Bickford moved that Resolution No. 67-66 be adopted. Councilman Keiser seconded. Roll call vote, unanimously passed. OTHER NEW BUSINESS C_7 Request of Fire Chief Rieger for flail type mower. City Administrator reviewed the request which had been presented at an earlier meeting for consideration of the Council. MOTION: Councilman Bickford moved that we advertise for bids on a flail mower of the type discussed with Chief Rieger,.and that he also be authorized to advertise for sale the two existing farm type mowers. Councilman Mallery seconded. Motion carried. C-8 Presentation of request for implementation of Data Pro- cessing through Bank of America for revenue and expendi- ture accounting. It was recommended that the City be allowed to enter into an agree- ment with Bank of America for this Data Processing. Mr. White reviewed the advantages of having Data Processing for the benefit of the Council. MOTION: Councilman Keiser moved that we establish the Data Processing program through the Bank of America. Councilman Bickford seconded. Motinn passed. TIME RESERVED FOR INDIVIDUAL ACTION Peter Kardel, City Attorney, made a statement relating to the in- structions of the members of the City Council asking him to respond in detail to the presentation made to the Council on May 24, 1966, by two lawyers representing the Morro Bay Taxpayers Association. He stated that due to the fact that Mr. Joe Giannini had filed a law suit against the Mayor, City Administrator, Police Chief and the City Attorney, that this removes this from public discussion and puts it in the Courts. Mayor Surfluh made a statement regarding his service to the City and related that this service, at times, is almost unbearable be- cause of the intimidations and the attacks upon himself and his family. He issued a request to the substantial citizens in the • MINUTES - City Council Meeting June 14, 1966 Page Nine community who believe in good government heard, and to support the City Council in perly administer the affairs of the City. to step forward and be their efforts to pro - Mr. Bill Boehm addressed the Council and those present in support of the past and present City Council, stating that as a member of the business community he did not like the attacks being made on the City Council by individuals and the local press. Mr. Leroy Jones of this City concurred with the comments of Mr. Boehm. Discussion held among members of the Council relating to the total amount of the budget and the number of City personnel. CORRESPONDENCE 1. Letter dated May 23, 1966 from Federal Water Pollution Con- trol Administration re: WPC-CAL-216 (Jt. Project) Morro Bay. 2. Letter dated June 2, 1966, from Morro Bay Yacht Club re: cooperation of Department of Public Works. 3. Letter dated June 10, 1966, from Morro Union Elementary PTA re: meeting to discuss hazardous conditions to pedestrian traffic on the northern portion of Highway One. 4. Letter dated June 2, 1966, from Department of Finance re: conducting a current population census. S. Letter dated May 26, 1966, from Division of Highways, San Luis Obispo, re: changing signs at Indigo and Fifth Streets on Highway One. 6. Letter dated June 10, 1966, from'Linnea Waltz re: street lighting in the Bradley Tract. 7. Minutes of the San Luis Obispo County Water Resources Advisory Committee dated May 3, 1966. 8. Copy of letter dated May 25, 1966, from Bob Olson of KEY -TV to Robert Fairbank re: reporting of Morro Bay weather. 9. Letter from Morro Bay Art Association requesting permission to use the City Park for an outdoor art show on June 25 and 26. MOTION: Councilman Mallery moved that this request be granted and the Mayor be authorized to sign said Resolution. Councilman Bickford seconded. Motion carried. 0 MINUTES - City Council Meeting June 14, 1966 Page Ten ADJOURNMENT Mayor Surfluh entertained a motion to adjourn this meeting to a budget and executive session to be held Friday, June 17, 1966 at 7:30 P.M. in the Recreation Hall. MOTION: Councilman Keiser moved that we adjourn to a budget and executive session on Friday, June 17, 1966, at 7:30 P:M. in the Recreation Hall. Councilman Bowen seconded. Motion carried. Meeting adjourned at 12:00 Midnight. RECORDED BY: TED WHITE, city Clerk MINUTES - City Council Meeting Regular Adjourned Meeting June 8, 1966 -- 7:30 P.M. Morro Bay Justice Court ROLL CALL PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery F, Mayor Surfluh ABSENT: None Mayor Surfluh called the meeting to order and notified those pre-, sent that this was an adjourned meeting from the last budget con- ference session held on June 2nd at this location. Mayor Surfluh asked the City Administrator to proceed with the first item of business. City Administrator asked that the Morro Bay Chamber of Commerce be allowed to make a further presentation in regard to their budget request for Community Promotion, Budget Account 1900. Mr. Pete Gardner appeared before the Council representing the Chamber of Commerce and presented the same proposal as presented on May 31st, and spoke in detail of the Chamber's reasoning for making this re- quest. Discussion held in depth by members of the Council and mem- bers of the Chamber of Commerce present at this meeting. Councilman Bowen asked the representatives of the Chamber of Commerce if they had an alternate proposal, and Mr. Gardner presented such an alternate to the Council for consideration. More discussion followed as to this request. MOTION: Councilman Mallery moved that the City Council approve an allocation of $7,000 for the Chamber of Commerce to•be used for Community Promotion, in Budget Account 1900 for the coming fiscal year. Seconded by Councilman Bickford. DISCUSSION: Mayor Surfluh asked for further discussion on the al- ternate request identified as Plan B in the amount of $8,262. Further discussion held relative to the total amount of the Plan B request. MOTION: Mayor Surfluh made a motion to amend the original motion from the $7,000 allocation to an $8,265 allocation. Councilman Keiser seconded. Discussion held as to proper parliamentary procedure in the amend- ment of a motion and it was determined that this was the proper action to take. Roll call vote on Mayor Surfluh's motion to amend: AYES: Councilmen Bowen, Keiser and Mayor Surfluh NOES: Councilmen Bickford and Mallery Motion carried. MINUTES - June 8, 1966 Page Two as amended by Mayor Surfluh Roll call vote on original motion made by Councilman Mallery/which changed the amount from $7,000 to $8,265: AYES: Councilmen Bowen, Keiser and Mayor Surfluh NOES: Councilmen Bickford and Mallery Motion carried. Discussion held relative to the request of the San Luis Obispo County Economic Development Commission for the City's participation and support of said Commission in the amount of $3,000 for the coming fiscal year. Program was discussed at length. MOTION: Mayor Surfluh moved to allocate $3,000 to the San Luis Obispo County Economic Development Commission for the coming fiscal year in Budget Account 1900, Community Promotion. Seconded by Councilman Bickford. passed unanimously. Further discussion held relative to this budget account. MOTION: Councilman Mallery moved to delete $500 from Item 15 as listed on the work sheet. Seconded by Mayor Surfluh. Passed unanimously. MOTION: Councilman Bickford moved to adopt Budget Account 1900, Community Promotion, as amended at this meeting. Mayor Surfluh seconded. Passed unanimously. Budget Account 1600. Planning Commission. City Administrator reviewed this budget account and the Council was informed that he had included an amount to compensate the seven members of the Planning Commission for their attendance at meetings. An amount of $10 per meeting was projected for the coming fiscal year. Discussion held in depth in regards to the advisability of affording compensation for the services rendered the City by the members of the Planning Commission. MOTION: Councilman Bowen moved that this item be deferred to the next budget conference session. Councilman Keiser seconded. Unanimously passed. Budget Account 2000, Elections. City Administrator notified members of the Council that approximately $1,400 was expended in this account during the last fiacal year. MOTION: Councilman Mallery moved toi adopt Budget Account 2000, Elections. Mayor Surfluh seconded. Passed unanimously. (as corrected by minutes of June 14, 1966)' MINUTES - June 8, 1966 Page Three Budget Account 2200, All Others. Discussion held in depth as to the make up of this budget account. MOTION: Mayor Surfluh moved to adopt Budget Account 2200, All Others. Seconded by Councilman Bowen. Passed unanimously. Budget Account 2700, Animal Control. City Administrator reviewed briefly the provisions of the contract with Wood's Animal Shelter for providing animal regulation services for the City. It was the general concensus that this service, while subject to much criticism, was the most economical way the City could accomplish such a service. , MOTION: Councilman Keiser moved for the adoption of Budget Account 2700, Animal Control. Seconded by Mayor Surfluh. Passed unanimously. Budget Account 2800, Civil Defense: Brief discussion held regarding the City's requirements towards the Civil Defense Program. MOTION: Councilman Bowen moved for the adoption of Budget Account 2800, Civil Defense. Councilman Keiser seconded. Unanimously passed. Budget Account 2900, School Crossing Guards. City Administrator indicated that there would be no change in this requirement for the coming fiscal year, and that considerable savings had been realized over last years budget due to rescheduling of crossings within the City. MOTION: Councilman Bickford moved for the adoption of Budget Account 2900, School Crossing Guards. Councilman Mallery seconded. Passed unanimously. BUdeet Account 3400. Sanitary. City Administrator indicated that the City Council had approved this budget account on May 31st, but that it will be required to budget the amount of the proposed sewage meter installation within this account for the coming fiscal year due to the fact that this pro- ject will not be completed prior to the end of the fiscal year. An increase in Item 32 of this account in the amount of $2,500 will be required to meet the provisions of the contract as advertised. New total budget for this account would then be $48,059. MINUTES - June 8, 1966 Page Four MOTION: Motion made by Councilman Bowen, seconded by Councilman Keiser, for the adoption of Budget Account 3400, Sanitary, in the new amount of $48,059. Unanimously passed. Budget Account 3900, Planning and Building. Discussion held at depth as to the requirements and responsibili- ties of the City in performing the planning and building,function. Councilman Bickford clarified, to those present, the increase in cost in this department as being approximately $6,500 with the addition of a full time planning director. This had been erroneously reported in the news media as being an increase of from $22,000 to $24,000, and clarification was indicated. Considerable discussion held regarding the employment of a full time planning director which had previously been approved by the City Council. MOTION: Councilman Bowen moved that Budget Account 3900, Planning and Building, be approved. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bowen, Bickford, Keiser & Mayor Surfluh NOES: Councilman Mallery et Account 4000. Street LiQhtin City Administrator reviewed the street lighting program as it exists and as it is progressing. Questions were asked regarding the in- stallation of lights within certain areas of the City, and the Council was informed that the original contract specified that lights would be installed in all areas of the City as previously discussed and adopted. If any adjustment or deviation from this prior approved plan is required, the Council will have to take some positive action in so doing. MOTION: Councilman Bickford moved that Budget Account 4000, Street Lighting, be approved. Mayor Surfluh seconded. Unanimously passed. Budget Account 4500, Health Services. City Administrator reviewed the status of the services provided this City by the County Health Department, and informed the Council that a request had been initiated by the City to the County offices on two prior occasions to determine if a formal agreement or con- tract was required in order to provide for these services. He in- dicated that at that time a nominal fee was discussed and that the papers would be forwarded to the City for their consideration and approval. To date, no such agreement or action has been forwarded to this City by the County and steps will be taken to again clarify this issue. r MINUTES - June 8, 1966 Page Five MOTION: Councilman Bickford moved that Budget Account 4500, Health Service, be approved. Seconded by Councilman Keiser. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser $ Mayor Surfluh NOES: Councilman Mallery Budget Account 2500, Police Protection. City Administrator informed the Council that this was the last budget item before the Council for consideration, but that other meetings would be scheduled to consider further matters prior to the adoption of the preliminary budget in'its entirety. Dis- cussion held regarding the late hour and due to the fact that another meeting would be required, Mayor Surfluh entertained a. motion to adjourn this meeting. MOTION: Councilman Mallery moved that this meeting be adjourned. Seconded by Councilman Bowen. Passed unanimously. Meeting adjourned at 11:05 P.M. RECORDED BY: C. TED WHITE, City Clerk MINUTES - City Council Meeting Regular Adjourned Meeting June 2, 1966 - 7:30 P.M. Morro Bay Justice Court ROLL CALL Present Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh Absent None Mayor Surfluh called the meeting to order and notified those present that this was an adjourned meeting from the last budget conference session held May 31st. The first matter of business before the Council was consideration of the budget for parking facilities, Budget Account 3100. The Director of Public Works and Director of Finance reviewed the re- quested and suggested budget in depth. MOTION: Councilman Bowen moved that the Parking Facilities suggested budget be adopted. Councilman Bickford seconded. Passed unanimously. Next item for consideration was Budget Account 3200, Storm Drains. Mr. Spellacy reviewed the existing trouble spots within the City and what corrective measures would be required in the installation of temporary and permanent storm drain facilities. MOTION: Councilman Bickford moved that Budget Account 3200, Storm Drains, be approved. Councilman Bowen seconded. Passed unanimously. Street Construction & Maintenance, Budget Account 3300. City Administrator reviewed the Gas Tax Subvention Program and the method of expenditures from these funds that accrue to the City from the State of California for street construction and maintenance purposes. Discussion held in depth regarding condition of streets, priorities, construction and maintenance projects and the suggested program for the coming fiscal year. MOTION: Councilman Bowen moved that Budget Account 3300, Street Construction, be approved. Councilman Keiser seconded. Unanimously passed. Harbor Development, Budget Account 3700. The requested and suggested budgets were discussed at length with the City Council and the Director of Public Works. One major area of need was brought to the attention of the Council. That is, in the responsibility of the City to the emergency response and capability of the Harbor patrol personnel and the equipment that is available for their use. Mr. Spellacy related problems they have been faced with in the past and what we can expect in the future in this area. MINUTES - City Council Meeting June 2, 1966 Page Two A request for a new Harbor Boat more suited to the nature of the work that has been required has been made in the suggested bud- get in an amount of $8,000. Councilman Mallery took exception to the size and type of the boat that was suggested by the Harbor Department personnel for the particular work that is anticipated and also, he claimed that $8,000 would not enable the City to acquire a boat that was adequate for the job. Discussion held at depth regarding this proposal. MOTION: Councilman Bowen moved that Budget Account 3700, Harbor, be approved. Mayor Surfluh seconded. Ayes: Councilman Bickford, Bowen, Keiser $ Mayor Surfluh Noes: Councilman Mallery Parks and Playgrounds, Budget Account 3800. City administrator and the Director of Public Works discussed the existing parks and the budgetary requirements for the coming fiscal year. MOTION: Councilman Bickford moved to adopt Budget Account 3800, Parks $ Playgrounds. Mayor Surfluh seconded. Passed unanimously. Budget 1800, General Government Buildings. MOTION: Councilman Bickford moved that Budget Account 1800, General Government Buildings, be approved. Seconded by Councilman Bowen. Unanimously passed. Budget Account 1,000, City Council. Director of Finance reviewed the proposed budget requirements for this account. He informed the Council that he was successful in his attempts to include the Council in the State Compensation Insurance program whereby,if there is an injury or loss of life during the course of their ser- vice to the City, they would be covered by Compensation Insurance. This was only made possible by recent legislation. MOTION: Councilman Bickford moved that Budget Account 1000, City Council, be approved. Councilman Mallery seconded. Passed unanimously. Budget Account 1100, City Administrator. City Administrator re- viewed this budget account. Discussion held regarding the budgetary requirements in this category. An additional request of $250 was made for a Stenocord Transcriber to use in conjunction with ithe one existing transcriber. Discussion held relative to the total budget and the additional request. i 6 MINUTES - City Council Meeting June 2, 1966 Page Three MOTION: Mayor Surfluh moved City Administrator. Unanimously passed. to approve Budget Account 1100, Councilman Keiser seconded. Budget Account 1490, City Attorney. City Administrator and the Director of Finance reviewed the cost incurred by the City in this budget account during the current fiscal year, and recommended that only the annual retainer fee for City Attorney be budgeted and that the costs attributed to litigation be paid from a con- tingent fund of the unbudgeted reserve. This would be a reasonable approach in that the costs are indeterminate at this time. Dis- cussion held regarding this proposal. MOTION: Councilman Mallery moved to change Item 15 in Budget Account 1400 from $30,000 to $6,000. Councilman Bowen seconded. Passed unanimously. MOTION: Councilman Keiser moved to approve Budget Account 1400, City Attorney, as amended. Councilman Bickford seconded. Unanimously passed. Budget Account 1500, Finance Director. Director of Finance reviewed the proposed budget for the coming fiscal year and reviewed for the Council those programs initiated whereby considerable cost savings have been realized in water billing by the use of Data Processing. City Administrator reviewed a proposal to record revenue and ex- penditures by Data Processing for the coming fiscal year, and asked that the Council consider this proposal due to the cost savings that could be realized. This matter will be placed on the agenda for the next regular Council meeting for Council consideration and possible action. MOTION: Mayor Surfluh moved to approve Budget Account 1500, Finance Director- Councilman Bowen seconded. Unanimously passed. Mayor Surfluh asked at what time the Council wished to adjourn this meeting and all those present indicated that it would be proper to adjourn at this time, to reconvene at another adjourned session to further consider the preliminary budget. MOTION: Councilman Bickford moved to adjourn this meeting to Wednesday, June 8, at 7:30 P.M. in the Justice Court. Councilman Keiser seconded. Motion passed unanimously. Meeting adjourned to the above time, date and place at 10:50 P.M. RECORDED BY: C.Thl) VV 11h, City Llerk MINUTES - City Council Regular Adjourned Meeting May 31, 1966 - 2:00 P.M. Morro Bay Recreation Hall ROLL CALL Present Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh Absent None Mayor Surfluh notified those present that this meeting was adjourned from the regular meeting of May 24, 1966 and is for the purpose of considering the preliminary budget for the 1966-67 fiscal year. First item for discussion was the proposed adjustment of the salary schedule to establish the pay range of firemen equal to that of police officers. Discussion was,held regarding the total salary requirements of the City and the salary resolution that will be re- quired to be adopted prior to the beginning of the fiscal year. MOTION: Councilman Bowen moved to authorize the adjustment of fireman classification from Range 17 to Range 19 and fire captain from Range 22 to Range 23. Council- man Bickford seconded. Roll call vote, Ayes: Councilmen Bickford, Bowen, Keiser and Mayor Surfluh Noes: Councilman Mallery Mayor Surfluh indicated that this would be done in,that this was the only adjustment to be made in the salary program for the coming fiscal year, and that it would be proper to consider the adoption of the resolution adopting the salary schedule. MOTION: Councilman Keiser moved that Resolution No. 60-66, Resolution Adopting a Salary Schedule and Position Classifications Assigning City Employees to Classifi- cations and Salary Steps Within the Respective Ranges of the Salary Schedule, Describing Methods of Advance- ment and Repealing Previous Salary Resolutions, be read by title only. Councilman Bowen, seconded. Roll call vote, unanimously passed. MOTION: Mayor Surfluh moved that Resolution No. 60-66, Resolution Adopting a Salary Schedule and Position Classifications Assigning City Employees to Classifi- cations and Salary Steps Within the Respective Ranges of the Salary Schedule, Describing Methods of Advance- ment and Repealing Previous Salary Resolutions, be adopted. Councilman Bickford seconded. Roll call vote, unanimously carried. • •. MINUTES - Co ity Council Meeting May 31, 1966 Page Two City Administrator submitted to the Council for their consideration the Equipment Replacement Program and Capital Improvement Program for the coming fiscal year. Justification was given for the need of a comprehensive Equipment Replacement Program to establish the administration of our City on a cash basis. The Capital.Improve- ment requirements of the City in the coming years was also dis- cussed at depth. No action taken on these programs at this time. The City Administrator requested that the Council consider Budget Account 2500•at this time and called upon Chief Holeman to make his presentation to the Council. Chief Holeman reviewed in detail the proposed budget and discussion was held relative to the personnel requirements of the Police De- partment. Chief Holeman requested an Executive Session to discuss existing personnel'and his personnel requirements as'they relate to existing conditions within the City. The Council set the time of 7:00 P.M. this date at the City Hall for an Executive Session and no further action was taken on this department budget at this time. MOTION: Councilman Keiser moved that we defer further action on the request for personnel until after the Executive Session. Seconded by Councilman Bickford. Passed unanimously. MOTION: Councilman Keiser moved that this meeting be adjourned to Executive Session at 7:00 P.M. this date in the City Hall to discuss personnel. Seconded by Councilman Bowen. Passed.unanimously. Meeting adjourned at 5:05 P.M.— The adjourned meeting was reconvened at Executive Session at 7:00 P.M. at City Hall and at 7:30 P.M. motion was made by Councilman Bowen, seconded by Councilman Bickford that the meeting be reconvened in open adjourned session in the Recreation Hall.• Passed unanimously. Reconvened meeting was called to order at 7:35 P.M. in the Recreation Hall. At this time, Mayor Surfluh asked if the Chamber of Commerce would like to make their presentation for request for City funds for the Chamber of Commerce purposes for the coming fiscal year. Mrs. Mary Moses discussed the activities of the Chamber in their participation in the Los Angeles and Fresno County Fairs. Mr. Pete Gardner, chairman of the Chamber committee relating to the establishment of a full time Chamber manager within the structure of the Chamber of Commerce, presented his program to the City Council and his request for funds which amounted to•$26,500. Discussion was held in depth with Mr. Gardner as to their plans, and at the conclusion of the discussion, this matter was held over for further consideration. MINUTES - City Council Meeting May 31, 1966 Page Three The next item for consideration is the proposed recreation program, Budget Account 2300, and the budgeting of funds to establish said program for the coming fiscal year. City Administrator presented three possible programs in which the City could establish a recreation program for the City. Four mem- bers of the Citizen's Committee on Recreation were present in the audience and apoke in favor the establishment of such a program for the coming fiscal year. Councilman Keiser reviewed the activities and the program as the Citizen's Committee envisioned it for the benefit of the Council and those present. Mr. Larry Davis, representing the Morro Bay Taxpayers Association, spoke in opposition to a recreation program. Mr. Henry Pitzer requested the Council consider a recreation program not only for the young people of the community but for the senior citizens. Discussion held at length as to the program which could be initiated. MOTION: Councilman Keiser moved that the plan identified as No. 3 be adopted for budget purposes for the 1966-67 fiscal year. Seconded by Councilman Bowen. Passed unanimously. Budget Account 2600, Fire Protection, was the next departmental bud- get to be considered. Chief Norman Rieger made his presentation requesting additional per- sonnel for the coming fiscal year. Discussion held in'depth as to the fire defense capability of the City Fire Department,locations and use of existing Fire stations, personnel and equipment. City Administrator reviewed briefly the requirements of the Under- writers toward the fire defenses of the City. The recommendations of the administrative staff as to budget and personnel were dis- cussed. MOTION: Councilman Bickford moved to adopt the recommended budget with no additional personnel. Councilman Mallery seconded. Unanimously passed. Chief Rieger requested at this time to discuss a suggested program for the sale of two existing old, farm type, tractors and the pur- chase of a flail type mower for the weed abatement program. He informed the Council that the two mowers could be sold for the same approximate cost of the mower that the Fire Department wishes to purchase. This would be approximately $700. The advantages of the mower for the general weed abatement program and maintenance for the street right of ways was discussed for the benefit of those present. MOTION: Councilman Bickford moved to authorize advertisement for bids for the flail type mower and authorize ad- vertisement for the sale of the two existing mowers. Seconded by Mayor Surfluh. Passed unanimously. MINUTES - City Council Meeting May 31, 1966 Page Four Councilman Bickford requested a recess. Mayor Surfluh declared a recess at 9:52 P.M. Meeting reconvened at 10:05 P.M. Mayor Surfluh brought to the attention of the Council that the action of the Council in approving the advertisement for the pur- chase and sale of mowing equipment was not a proper subject to be handled at this meeting in that the advertised purpose of the budget conference was only to consider the preliminary budget. MOTION: Councilman Bickford moved to rescind the previous motion made regarding the advertisement for pur- chase and sale of the mowing equipment. Seconded by Councilman Mallery. Passed unanimously. The next item of business is the consideration of Budget Account 3600, Water Department. Joe Spellacy, Director of Public Works, presented his budget for this department. He reviewed in depth his request for the coming fiscal year. City Administrator reviewed the suggested budget and the reasoning for the suggested cuts in the budget request. MOTION: After lengthy discussion, Councilman Keiser moved that the suggested budget for the Water Department be adopted. Seconded by Councilman Bickford, passed unanimously. Mr. Spellacy then reviewed the budget request and the requirements of Budget Account 3400, Sanitary Department, in the operation of the wastewater treatment plant and collection facilities for the coming fiscal year. MOTION: Councilman Bowen moved that the suggested budget be adopted for the Sanitary Department. Councilman Keiser seconded. Passed unanimously. The Director of Public Works then presented the Engineering and Administration budget, Budget Account 3000, for consideration. Discussion held in depth as to the requirements of this department, existing personnel and the contractual arrangement between the City and the consulting engineers. Discussion held relative to the engineering requirments for the coming fiscal year, as they relate to the State Gas Tax Funds apportionment to cities. MOTION: Councilman Bickford moved to adopt the Engineering and Administration budget as suggested. Mayor Surfluh seconded. Passed unanimously. Discussion was held as to'the meeting place and time for the next budget conference. City Administrator informed the Council of the MINUTES - CIty Council Meeting May 31, 1966 Page S times in which the Recreation Hall would be available for meeting and it was suggested that we contact the Justice Court to see if that facility would be available. MOTION: Councilman Mallery moved that the meeting be ad- journed to Thursday, the 2nd of June at 7:30 P.M. in the Justice Court of Morro Bay, subject to confirmation to the use of the facility. Seconded by Councilman Bowen. Passed unanimously. Meeting adjourned at 11:10 P.M. RECORDED BY: -C. LEI) WHIYE, City Clerk 0 CITY OF MORRO BAY AGENDA - City Council Meeting May 24, 1966 - 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of May 10, 1966. 2. Special meeting of May 20, 1966. HEARINGS, APPEARANCES $ REPORTS A-1 Hearing on Notice of Intention to Abandon Public Easement. A-2 Appearance of representative of Bank of America to appeal denial of conditional use permit. A-3 Appearance of J. Giannini, President, Harbor Development Assoc. A-4 Appearance of D. C. Peck, Chairman of the Morino Bay Taxpayers Association. A-5 Appearance of representative of Calvary Baptist Church regarding sidewalk installation requirements. A-6 Litigation report. A-7 Financial report. UNFINISHED BUSINESS B-1 Atascadero Beach State Park. B-2 Resolution awarding contract for street construction, SS Project No. 26. B-3 Resolution awarding contract for street maintenance, SS Project No. 23. B-4 Notice of completion for construction of sanitary sewer trunk line. B-5 Resolution regarding rules and regulations for sign permits. B-6 Ordinance No. 43, Adopting Rules and Regulations Governing the Discharge or Dumping of Sewage. NEW BUSINESS C-1 Request from Morro Bay Lions Club for use permit for annual Gay -Way. C-2 Resolution setting time and place for public hearing of proposed Subdivision Ordinance. C-3 Proposed agreement for the collection and payment of Improvement District Bonds. TIME RESERVED FOR INDIVIDUAL ACTION City -Council and City Attorney CORRESPONDENCE ADJOURNMENT Calendar 1. Council Meetings: June 14 and 28, 1966. 2. Council Budget Conference: May 31, 1966, 1:00 P M Recreation Hall P. 3. Planning Commission Meetings: June 7 and 21, M MINUTES - City Council Meeting May 24, 1966 7:30 P.M. Morro Bay Recreation Hall The regular meeting of the City Council convened at 7:30 P.M. with the pledge of allegiance. Mayor Surfluh gave the invocation. ROLL CALL Present: Councilmen Bowen, Keiser, Mallery $ Mayor Surfluh Absent: Councilman Bickford MINUTES: Minutes of the regular meeting of May 10, 1966 and special meeting of May 20, 1966 were considered. Mayor Surfluh entertained a motion to dispense with the reading of the minutes. MOTION: Councilman Bowen moved to dispense with the reading of the minutes of May 10 and May 20, 1966. Council- man Keiser seconded. Motion passed. Mayor Surfluh asked if there were any corrections or additions to be made to the minutes of May 10 and May 20, 1966. MOTION: Councilman Bowen moved that the minutes of May 10 and May 20, 1966 be approved as written. Mayor Surfluh seconded. Motion carried. HEARINGS, APPEARANCES $ REPORTS: A-1 Resolution No. 51-66. RESOLUTION AND ORDER VACATING PUBLIC BLOCK 32 Mr. White reviewed the request for intention to vacate said public easement. Mayor Surfluh declared the hearing open for discussion. There being no discussion, Mayor Surfluh declared the hearing closed. Resolution No. 51-66 was read in its entirety. MOTION: Mayor Surfluh moved for the adoption of Resolution No. 51-66. Councilman Bowen seconded. Roll call vote, unanimously passed. A-2 Appeal of Bank of America re: Denial of Conditional Use Permit Mr. White read letter from Norman Martignoni, Assistant Manager of Bank of America. Mr. White then turned the matter over to Mr. Ned Rogoway for further review. Mr. Rogoway reviewed the request of Bank of America to replace their existing sign with a larger sign. Discussion was held regarding the recommendations of the Planning Commission for denying this use per- mit. MINUTES - City Council Meeting May 24, 1966 Page Two Mr. Henry Rossine, Architect for Bank of America, reviewed the reasons fof the request of a larger sign, and presented photos taken of the sign to the Council for their consideration. Chairman Jesse Drake of the Planning Commission commented on the decision of the Planning Commission to deny this Use Permit, stating they felt the sign was not in conformance with the existing sign ordinance. He suggested that Bank of America and the Planning Commission meet to try to settle this matter. MOTION: Councilman Keiser moved that this matter be referred back to the Planning Commission for further study. Councilman Bowen seconded. Motion carried. A-3 Appearance of J. Giannini, President, Greater Morro Bay Harbor Development Association. Mr. Giannini asked that this matter be held in abeyance until after the litigation report. A-4 Appearance of Morro Bay Taxpayer's Association. Mr. A. H. Brazil, Attorney from San Luis Obispo, representing the Morro Bay Taxpayer's Association, introduced himself along with Wickson Woolpert, Attorney with the firm of Muller and Woolpert. A transcript of the comments of the aforemention attorneys and the City Attorney are on file in the Office of the City Clerk and by reference made a part of these minutes. A-3 Appearance of J. Giannini, President, Greater Morro Bay Harbor Development Association. The City Attorney, Mr. Michael McIntire, requested that he be allowed to answer the letter received from the Greater Morro Bay Harbor De- velopment Association. Mayor Surfluh indicated that it would be proper to do so at this time. A transcript of Mr. McIntire's statement in answer to the afore- mentioned letter is on file in the Office of the City Clerk and by reference made a part of these minutes. RECESS: Mayor Surfluh called for a recess at 10:15 P.M. Meeting reconvened at 10:25 P.M. Discussion continued regarding the matters brought before the Council in regard to the office of the City Attorney and the position of the City in regards to litigation. MINUTES - City May 24, 1966 Page Three Council Meeting Comments were heard from Councilman Mallery. in regards to state- ments made by the City Attorney at this evenings meeting and also relating to those comments made by Mr. Brazil and Mr. Woolpert. Mr. McIntire notified Mr. Mallery, at this time, of a conflict of interest that exists.in his relationship to the City and the existing litigation between the City and County. The conflict of interest was discussed and Mr. Mallery was asked if he was aware that a conflict existed and if he intended to dis- qualify himself. Mr. Mallery answered that if a conflict of in- terest did, in fact, exist, he would disqualify himself from the proceedings. Mr. McIntire clarified the extent of the conflict of interest and advised Mr. Mallery and the City Council of the conflict of interest laws in the State and the effect of the participation of Mr. Mallery in any efforts to reach a settlement would be in viola- tion of the State laws. He also indicated to Mr.- Mallery that this in no way reflected on his personal integrity and that it was necessary not only to protect the City but to protect Mr. Mallery. Councilman Mallery questioned the right of Councilman Bickford to participate in the City -County settlement conference because of the fact that he, too, holds a City lease. It was indicated that this lease was outside of the area of existing litigation and was originally negotiated between Mr. Bickford and the prior Morro Bay Sanitary Dis- trict and there would be no conflict of interest in this instance. Mr. Mallery indicated that he will accept the ruling of the City Attorney until he consults with his attorney. Mr. McIntire suggested that this be discussed between the City Attorney, Mr. Mallery's attorney and the City Council in executive session. A-S Appearance of representative of Calvary Baptist Church Mr. Ned Rogoway, County Planning Director, reviewed the request of the Calvary Baptist Church for a Conditional Use Permit to construct a church. Discussion was held regarding the requirements for the Church to install approximately 500 feet of curb, gutter and side- walk. Comments were heard from Reverend Don Ownby in which he re- quested that these requirements be postponed until the rest of the property is developed. Mr. White stated it would be in order to authorize them to continue with their construction and this matter could be treated at a later date. MOTION: Councilman Mallery moved that we defer this matter until the next Council meeting. Councilman Keiser seconded. Motion carried. A=6 No litigation report at this meeting. A-7 Financial Report Mr. White presented the Monthly Expenditure Report for the period of April 20, 1966 through May 15, 1966. MINUTES - City Council Meeting May 24, 1966 Page Four Mayor Surfluh entertained a motion to approve the Financial Report. MOTION: Councilman Bowen moved that the Financial Report be approved. Councilman Mallery seconded. Motion carried. UNFINISHED BUSINESS B-1 Atascadero State Beach Park Mayor Surfluh stated that two telephone calls had been received this evening from City Attorney Peter Kardel in Sacramento informing him that a satisfactory solution to this problem has been reached with Mr. Fred Jones, Director of Parks and Recreation. In this agreement it is stipulated that: Yerba Buena Street will be the accepted access route; the prevailing rate will be charged for the cost of connecting to the sewer system; no temporary or interim use of Hatteras Street will be permitted, and vehicular traffic will be permitted access to the beach at Azure Street. Mr. McIntire reviewed the agreement which was approved by Fred Jones, Charles DeTurk, Assistant Director of the Division of Parks and Beaches, and the attorney for the Resources Agency. He suggested that two separate resolutions be adopted approving and directing the Mayor to sign both agreements. First, City Attorney suggested that the City Council adopt a resolu- tion approving the access agreement and directing the Mayor to exe- cute it upon execution by the State. Second, City Attorney suggested that a resolution be adopted approving the sewer agreement and directing the Mayor to execute it, subject to the approval of the City Attorney. Mr. McIntire stated the reason is that the sewer agreement is not to be signed until the access agreement is signed, and yet we can't say that in the resolution because Mr. Jones requested that we not. The arrangement would be that when the State came back with the executed access agreement, the City would then execute the sewer agreement. Mr. McIntire pointed out, with respect to the Azure Street entrance, that the City is given the right to open the road onto the beach, provided that the City patrols the beach and maintains order with re- spect to vehicles. At no time will vehicles be allowed on the beach north of Hatteras Street. Resolution No. 52-66. Resolution Approving Agreement Relating to Access to Atascadero State Beach. Resolution No. 52-66 was read in its entirety by Mr. McIntire. MOTION: Councilman Bowen moved that Resolution No. 52-66 by adopted. Mayor Surfluh seconded. Roll call vote: AYES: Councilmen Bowen, Keiser, Mallery $ Mayor Surfluh NOES: None ABSENT: Councilman Bickford MINUTES - City Council Meeting May 24, 1966 Page Five Resolution No. 53-66. Resolution Approving Sewer Hook -Up and Service Agreement, Atascadero State Beach. Resolution No. 53-66 was read in its entirety by Mr. McIntire. Mr. McIntire stated it should be made clear that the approval of the City Attorney is for the purpose of withholding the execution of the sewer agreement, which may come back before the access agreement, until such time as we receive the access agreement, but without saying that in the resolution. MOTION: Councilman Bowen moved that Resolution No. 53-66 by adopted. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bowen, Keiser, Mallery & Mayor Surfluh NOES: None ABSENT: Councilman Bickford Mr. McIntire stated at this time that action taken by the City Council tonight resolves the Atascadero Beach Matter. B-2 Resolution No. 54-66. Resolution Awarding Contract or Street Construction, SS Project No. 26 Mr. White read Resolution No. 54-66 in its entirety, after reviewing briefly Select System Project No. 26. MOTION: Councilman Bowen moved that Resolution No. 54-66 be adopted. Mayor Surfluh seconded. Roll call vote: AYES: Councilmen Bowen, Keiser, Mallery $ Mayor Surfluh NOES: None ABSENT: Councilman Bickford B-3 Resolution No. 55-66. Resolution Awarding Contract or Street Mainentance, SS Project No. 23 Mr. White reviewed Select System Project No. 23 for the benefit of the Council. Resolution No. 55-66 was then read in its entirety. MOTION: Councilman Keiser moved to adopt Resolution No. 55-66. Mayor Surfluh seconded. Roll call vote: AYES: Councilmen Bowen, Keiser, Mallery $ Mayor Surfluh NOES: None ABSENT: Councilman Bickford MINUTES - CIty Council Meeting May 24, 1966 Page Six B-4 Resolution No. 56-66. Resolution Accepting Work Giving otice of Completion for Construction of Sanitary Sewer Trunk Line Mr. White stated this job has been completed and a Certification of Completion has been filed, and recommended that the work be accepted as completed as of May 11, 1966. Mr. White then read Resolution No. 56-66 in its entirety. MOTION: Councilman Keiser moved to adopt Resolution No. 56-66. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bowen, Keiser, Mallery & Mayor Surfluh NOES: None ABSENT: Councilman Bickford B=5 Resolution No. 57-66. Resolution Adopting Rules and Regulations Governing the Issuance of Condi- tional Use Permits for Signs. Discussion was held regarding the readopting of the Interim Sign Ordinance. Resolution No. 57-66 was then read in its entirety. MOTION: Councilman Keiser moved to adopt Resolution No. 57-66. Mayor Surfldh seconded. Roll call vote: AYES: Councilmen Bowen, Keiser, Mallery $ Mayor Surfluh NOES: None ABSENT: Councilman Bickford B=6 Ordinance No. 43. Ordinance Adopting Rules and Regulations Governing the Discharge or Dumping of Sewage. It was requested that this matter be deferred until the next regular Council meeting on June 14, 1966. B-7 Crill Sub -lease. City Attorney reviewed the status of the request to sublease a por- tion of this lease site. Facts were brought to the attention of the Council that two previous sub -leases have not been relinquished by said sub -lessees. Suggestion was made that in order to grant any approval of any new sub -lease, the prior sub -leases be legally terminated. MINUTES - City Council Meeting May 24, 1966 Page Seven The lease file disclosed that there were certain non -compliances with the terms of the lease relating to -architectural standards and sign control. It was determined at this meeting that said architectural standards and signs were made to conform with the provisions of the original lease, subsequent to the City's assuming control of the Harbor area. The City Attorney related factual data regarding the amount charged to Mr. Crill for the lease, terms of the lease and the proposed sub -lease agreement with the sub -lessee, Mr. Charles Sites. Mr. McIntire recommended that the general form of the Wilson/Anderson sub -lease agreement be followed in granting this sub -lease. Dis- cussion held by and between the Council, Mr. Ned Rogoway, Director of Public Works and the City Administrator regarding the proposed sub -lease. Mrs. Gilbert Crill notified the Council that the two previous sub- leases have been officially terminated, and she will furnish the necessary documents to the City Administrator which will substantiate this fact. MOTION: Councilman Mallery moved that the sub -lease be granted, subject to the receipt of the proper documentation from the lessee and confirmation from the City Attorney as to its legality., said sub -lease to be for a period of 6 years 5 months, with a 5 year appraisal period to remain. Motion seconded by Councilman Keiser. Motion carried. CC=1 Resolution No. 58-66. Resolution granting permission to Morro Bay Lio_n__s_T_1_u'F to use City Property. Resolution No. 58-66 was read in its entirety: MOTION: Councilman Mallery moved to adopt Resolution No. 58-66. Mayor Surfluh seconded. Roll call vote: AYES: Councilmen Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: Councilman Bickford C-2 Resolution setting time $ place for public hearing of proposed Subdivision Ordinance. It was recommended that this matter be deferred until the next regu- lar Council meeting on June 14, 1966. CC=3 Resolution No. 59-66. Resolution approving agreement for the collection and payment of Improvement District Bonds and appointing Deputy City Treasurer. Resolution No. 59-66 was read in its entirety by Mr. White. (as corrected by minutes of June 14, 1966) MINUTES - City Council Meeting May 24, 1966 Page Eight MOTION: Mayor Surfluh moved to adopt Resolution No. 59-66. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bowen, Keiser, Mallery F, Mayor Surfluh NOES: None ABSENT: Councilman Bickford OTHER BUSINESS C-4 Request for Extension of Time to Complete Contract Select System Project No. 22 A ten-day extension was requested to complete Select System Project No. 22. Mayor Surfluh stated a minute order would be in order. MOTION: Mayor Surfluh moved that a ten-day extension be granted to complete Select System Project No. 22. Councilman Bowen seconded. Motinn carried. INDIVIDUAL ACTION: MOTION: Councilman Mallery moved that the City Council direct the City Attorney to make every effort to have the proposed meeting with the County for the purpose of discussing settlement of the City -County differences, said meeting to be held on June 2, 1966. Councilman Bowen seconded. Motion carried. CORRESPONDENCE 1. Invitation to ride in Elks 23rd Annual Rodeo Parade on June 4, in Santa Maria. 2. Notice from League of California Cities re: curbside delivery of mail 3. Notice from League of California Cities re: Prohibition of salary increase of Municipal Officers during term suspended. Opinion of Attorney General, No. 64/278. April 28, 1966. 4. Letter from Division of Highways re: North Morro Bay Under - crossing F, Route 1/41 Separation. 5. Letter from Department of Health, Education F, Welfare re: WPC-CAL-216 - Joint Project. 6. Letter from Division of Highways re: Gas Tax Allocations. 7. News release from Don A. Allen, Assemblyman, 63rd District, re: investigation of credit sales of freezers & other home appliances, consumer goods $ Services. 8. Invitation from Cayucos Chamber of Commerce to participate in the July Fourth Celebration Parade. MINUTES - CIty Council Meeting May 24, 1966 Page Nine 9. Letter from American Legion re: Memorial Day Services at Los Osos Valley Memorial Park. 10. Invitation from San Luis Obispo Board of Realtors to attend a luncheon in conjunction with "Realtor Week". 11. Letter from City of Fairfax requesting information on the Bank of America payroll services. 12. Letter from Greater Morro Bay Harbor Development Association re: erection of sign at entrance of the Harbor & enforcement of speed limits in the Channel. 13. Letter from Ralph Stone $ Company, Inc. re: Community Public Works Financing, Pay as You Go $ Federal Matching Funds. 14. Minutes of Small Craft Harbor Commission meeting. is. Letter from the Resources Agency of California re: "Operation Golden Eagle". MOTION: Councilman Keiser moved that the correspondence be filed. Councilman Bowen seconded. Motion carried. Mr. White recommended that this meeting be adjourned to Tuesday, May 31st at 1:00 P.M.•for consideration of the Preliminary Budget. Councilman Mallery requested the time be set for 2:00 P.M., due to a previous appointment. MOTION: Councilman Bowen moved that we adjourn the meeting to Tuesday, May 31st at 2:00 P.M. in the Recreation Hall to consider the Preliminary Budget. Councilman Keiser seconded. Motion passed. ADJOURNMENT MOTION: Mayor'Surfluh moved to adjourn the meeting Keiser seconded. Motion carried. Meeting adjourned at 12:00 A.M. RECORDED BY: [�I�IY�7"IOIYI���Yfi [17� Councilman NOTICE OF SPECIAL MEETING The City Council of the City of Morro Bay will meet in special session on Friday, May 20, 1966, at 7:30 P.M. in the Morro Bay Recreation Hall at Shasta Avenue and Dunes Street to consider the Budget for the 1966-67 Fiscal Year. 0, Q 40 ?'Jate C. TED WHITE, City Clerk Dated: May 17, 1966 MINUTES - City Council Special Meeting May 20, 1966 7:30 P.M. Morro Bay Recreation Hall Meeting was called to order at 7:30 P.M ROLL CALL: by Mayor Surfluh Present: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh Absent: None The purpose of this meeting is to present the preliminary budget for the fiscal year 1966-67 to the Council. Subsequent meetings will be held for determination of the final budget. Mr. White stated the only change which is recommended is the divergency of class between the salaries of Firemen and the Police- men. He presented for Council consideration a comparative wage schedule with other Cities in the County. Discussion was held re- garding bringing the Firemen's wages up to a comparative wage of Policemen. Discussion also held regarding a 3% wage increase for all City personnel. It was determined this matter will be discussed further at the next Council meeting called for consideration of the budget. Mr. White gave a summary.of each department's budget request. Mrs. Keiser requested an accounting of the Attorney's fees, excluding the retainer. Mr. White gave the approximate cost to the end of May of each of the law suits that the City is involved in. At the conclusion of the presentation of salary proposals and summary of the proposed budget, discussion was held regarding the setting of dates and times for future budget meetings. MOTION: Councilman Bickford moved to designate May 31, 1966 at 1:00 P.M. as the next budget session to be held in the Recreation Hall. Councilman Keiser seconded. Motion passed. ADJOURNMENT: MOTION: Councilman Keiser moved that we adjourn. Bowen seconded. Motion carried. Meeting adjourned at 9:40 P.M. RECORDED BY: T D WHITE, City Clerk Councilman MINUTES - City Council Executive Session May 17, 1966 7:30 P.M. City Hall COnference Room Meeting was called to order by Mayor Surfluh at 7:30 P.M. for the express purpose of considering the appointment of a Planning Commissioner, and the hiring of a Planning Director. Also to be discussed is current litigation. ROLL CALL Present: Councilmen Bickford, Bowen, Keiser, Mallery F, Mayor Surfluh Absent: None Matter relating to personnel in the appointment of a Planning Commissioner to fill the vacancy left by Wayne E. Bickford, newly elected to the Council. Term of this Planning Commissioner will terminate in January, 1968. Mayor Surfluh declared that nominations were now in order for the position of Planning Commissioner. Councilman Bowen nominated Kenneth Jacobs Councilman Mallery nominated Glenn Johnson Mayor Surfluh nominated.Jack Youngs There being no further nominations, Mayor Surfluh declared the nominations closed. Discussion held by members of the Council regarding the qualifications of each nominee. After lengthy discussion and determining that all three candidates were amply qualified to serve as Planning Commis- sioner, Mayor Surfluh called for a roll call vote for the one candi- date who had received local support from three members of the Council, Mr. Glenn Johnson: AYES: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh NOES: None Mr. Johnson to be notified of his selection as Planning Commissioner by the City Administrator at the earliest possible date. The second matter to be considered at this meeting was the hiring of a Planning Director. Mr. White read the names of the applicants which were screened and selected by the Planning Commission for Council consideration. They are as follows: Robert Gallop, Joe Himberger, Frances Kosobud, Loren P. Matthias, Phil Scott, Ronald Short, Ronald Thompson, Jose Urcia F, Stanley Walker. MINUTES - City Council Executive Session May 17, 1966 Page Two Mayor Surfluh suggested a joint session be held with the Planning Commission and City Council to interview the applicants. It was suggested that there be two members of the Commission, two members of the Council and three professional people to sit on the oral board. The names suggested were Jack Dalton of Bakersfield, Ned Rogoway and Larry Wise. The members of the Commission and Council will be determined at a later date. Time set for this oral interview is Saturday, June 11, 1966, starting at 9:00 A.M. at the Golden Tee Resort Lodge. Mr. McIntire, City Attorney, gave a brief report on litigation by and between the City of Morro Bay and the State of California re- lating to the Atascadero Beach State Park. Discussion held in depth regarding the aforementioned litigation. ADJOURNMENT: MOTION: Councilman Keiser moved that we adjourn. Council- man Bowen seconded. Passed unanimously. Meeting adjourned at 9:45 P.M. RECORDED BY: 0' :;; � 2 C. TED WHITE, City Clerk CITY OF MORRO BAY AGENDA - City Council Meeting May 10, 1966 - 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of April 19, 1966 2. Special meeting of May 4, 1966 HEARINGS. APPEARANCES $ REPORTS A-1 Morro Dunes request .for appearance. A-2 Litigation Report. A-3 Appearance of T. Kurtz in regards to appeal on denial of conditional use permit. UNFINISHED BUSINESS B-1 -Resolution Amending Date for Public Hearing on Intention to Abandon Easement. B-2 Bid results; SS Project No. 24, Sth Street, Kern to Hwy. 1. B-3 Improvement District No. 2 Proceedings: a. Filing of Engineers Estimate b. Filing of Engineers report, plans and specifications C. Resolution preliminarily adopting Engineers report and fixing date of hearing d. Resolution adopting scale of prevailing wages e. Notice inviting sealed bids f. Notice of improvements B-4 Resolution Adopting and/or Changing Street Names. B-5 Transfer of leasehold interest - Lease Sites 61 $ 61W, E. Evenson. B-6 Sublease of a portion of Lease Sites 134-137, G. Crill. B-7 Harbor lease to Virg Moore. NEW BUSINESS C-1 Letter from U. S. Corps=.of Engineers regarding change of anchorage areas. C-2 Resolution Approving plans for metering of sewage. C-3 Determination of weed abatement policy. C-4 Ordinance No. 42 Adopting Rules and Regulations Governing the Discharge or Dumping of Sewage (first reading). C-5 Resolution Approving Code of Ethics. C-6 Resolution Approving Engineering and Grading Contractors Association Plan on Support to Civil Defense in Emergencies. C-7 Adoption of Budget Calendar. C-8 Proclamation - Veterans Poppy Sale. TIME RESERVED FOR INDIVIDUAL ACTION City Council and City Attorney CORRESPONDENCE ADJOURNMENT Calendar 1. Council Meetings: May 24 and June 14, 1966. 2. Planning Commission Meetings: May 17 and June 7, 1966. MINUTES - City Council Meeting May 10, 1966 7:30 P.M. Morro Bay Recreation Hall The regular meeting of the City Council convened at 7:35 P.M. with the pledge of allegiance. Mayor Surfluh gave the invocation. ROLL CALL Present: Councilman Bowen, Bickford, Keiser, Mallery & Mayor Surfluh. Absent: None MINUTES Minutes of April 19 and minutes of 'Special Meeting of May 4, 1966, were considered. Mayor Surfluh asked if there were any corrections or additions to be made to the minutes of the regular meeting of April 19 and the special meeting of May 4, 1966. MOTION: Councilman Bowen moved to dispense with the reading of the minutes of April 19 and May 4, 1966. Council- man Keiser seconded. Motion passed. Mayor Surfluh entertained a motion to approve the minutes as pre- sented. Councilman Mallery raised a question regarding the two year term of the Mayor and stated that other Cities in California have elected a Mayor for a one year term. Mayor Surfluh questioned the validity of this subject at this time, as the business before the Council was the approval of the minutes of the two meetings. It was determined by comments from other members of the Council that the two-year term was discussed at the April 19th meeting and the minutes indicate the correct term of office. MOTION: Councilman Keiser moved to adopt the minutes as written. Councilman Bickford seconded. Motion carried. HEARINGS, APPEARANCES $ REPORTS A-1 Morro Dunes Request for Appearance After discussion regarding lease sites 200 and 201, it was determined that due to the press of other City business, Morro Dunes would be granted an extension of time in order that the committee might meet again with the City Attorney and City staff. MOTION: Councilman Bowen moved that we hold this in abeyance until the Council meeting on June 14, 1966. Councilman Keiser seconded. Motion passed. A-2 Litigation Report Mr. McIntire, City Attorney, gave a report of the meeting of the Joint Committee on Tidelands held in Sacramento on May 6, 1966. Minutes - City Council Meeting May 10, 1966 Page Two The significance of this hearing, what it means to this City and what we can expect in this area of interest in the future, was discussed at length. The purpose of the Joint Committee on Tidelands was explained for the benefit of those present. The reasons for the interest of the Committee in Morro Bay were set forth, as were the Committee's findings in regards to the indicated maladministration of the Tidelands Trust in the past by the County. The City of Morro Bay was complimented by the Committee in its handling of the Tidelands Trust thus far; and the Chairman of the Committee, Speaker Jesse Unruh, in,.his opening statement, gave assurance that the State was not interested in revoking the Trust as it exists and that this is not the intent nor purpose of the Committee. Testimony was given at the Committee hearing by repre- sentatives of the County of San Luis Obispo, the City of Morro Bay, the State Lands Commission and the Attorney General's Office. The City of Morro Bay's representatives assured the Tidelands Committee that in order to resolve the many complex problems and existing litigation within the Harbor area and the area of the State -granted Tidelands, they were ready and willing to assist the Committee in every manner possible. Senator Vernon Sturgeon, a member of the Committee, asked that a meeting be called by and between the County and the City in regards to settlement of their differences. He indicated that he and the Committee consultant would be available to discuss the issues involved in the current litigation to try to find some common ground for settlement. A meeting was scheduled for June 2nd in the Supervisor's Conference Room in the Courthouse, and both the City of Morro Bay and the County indicated they would attend to try to resolve the existing litigation. A-3 Appearance of T. Kurtz re: appeal on denial of conditional use permit. Mr. White reviewed the minutes of the Planning Commission held on April 26th regarding the request of Mr. Kurtz to place an on -site sign at the Villager Motel. The Appeal and explanatory letter from Mr. Kurtz were read by Mr. White. Mr. Kurtz presented to the Council a receipt for the sign that was ordered prior to the adoption of the Sign Ordinance. Discussion held regarding the policy of the Planning Commission to allow new signs which were ordered before February 8, 1966. MOTION: Councilman Bowen moved that the City Council approve the AAA sign at the Villager Motel. Councilman Mallery.seconded. Minutes - City Council Meeting May 10, 1966 Page Three Discussion held regarding referring'this back to the Planning Commission. Mr. White reviewed the section in the Zoning Ordinance referring to this matter. Councilman Bowen withdrew his Motion and Council- man Mallery withdrew his second to the Motion. MOTION: Councilman Bickford moved that we refer this matter back to the Planning Commission for consideration of the new evidence on the matter. Councilman Bowen seconded. Motion carried. UNFINISHED BUSINESS ' BB=1 RESOLUTION NO. 42-66. RESOLUTION AMENDING RESOLUTION 0. 39-66 AND NO. 40-66. Mr. White read Resolution No. 42-66 in its entirety. MOTION: Mayor Surfluh moved for the adoption of Resolution No. 42-66. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bowen, Bickford, Keiser, Mallery 6, Mayor Surfluh. NOES: None B-2 Bid Results, SS Project No. 24, 5th Street, Kern to Highway 1. After copies of the bids were distributed to the Council, Mr. Sam Taylor, City Engineer, reviewed in detail the bids re- ceived and the location of the proposed project. He recommended the bid be awarded to the low bidder. RESOLUTION NO. 43-66. RESOLUTION AWARDING CONTRACT FOR STREET CONSTRUCTION, SELECT SYSTEM PROJECT NO. 24 Resolution No. 43-66 was read in its entirety. MOTION: Councilman Bowen moved to adopt Resolution No. 43-66. Councilman Keiser seconded. Roll call vote: AYES: Councilman Bowen, Bickford, Keiser & Mallery & Mayor Surfluh. NOES: None B-3a Improvement District No. 2 Proceedings Mr. Sam Taylor, City Engineer, reviewed the location and proposed improvements of this project. B-3b RESOLUTION NO. 44-66. RESOLUTION AND ORDER PRELIMIN- ARILY ER'S REPORT, SETTING PUBLIC HEARING AND CALLING FOR BIDS, IMPROVEMENT DISTRICT NO. 2, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA. Minutes - City Council Meeting May 10, 1966 Page Four Mr. White summarized Resolution No. 44-66 for the Council due to its length. MOTION: Councilman Bickford moved we read;; Resolution No. 44.-66 by title only. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bowen, Bickford, Keiser, Mallery F, Mayor Surfluh. NOES: None B-3c Resolution No. 44-66 was read by title only. MOTION: Mayor Surfluh moved for the adoption of Resolution No. 44-66. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bowen, Bickford, Keiser, Mallery & Mayor Surfluh. NOES: None B-3d RESOLUTION NO. 45-66. RESOLUTION ADOPTING SCALE F R ILI G WAG TES Mr. White read Resolution No. 45-66 in its entirety. MOTION: Councilman Bowen moved that Resolution No. 45-66 be adopted. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bowen, Bickford, Keiser, Mallery & Mayor Surfluh. NOES: None B-3e Mr. White explained the process for inviting sealed bills and notice of improvements to be publicized and posted. B-4 RESOLUTION NO. 46-66. RESOLUTION ADOPTING AND STREETCHANGING . Mr. White reviewed this matter for the benefit of those present. During the course of study, review and adoption of the system of street names, certain streets were inadvertantly omitted. They were referred to the Planning Commission for their recommend- ations and a Resolution has been prepared for Council consideration. Mr. White read Resolution No. 46-66 in its entirety. MOTION: Councilman Bickford moved that Resolution,No. 46-66 be adopted. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bowen, Bickford, Keiser, Mallery $ Mayor Surfluh. NOES: None Minutes - City Council Meeting May 10, 1966 Page Five B-5 Transfer of leasehold interest - Lease Sites 61 4 61W, E. Evenson Mr. White stated this matter was referred to the Planning Commission with the request that they verify that the use was proper for this particular leased property, and for those lease properties listed as Items B-6 and B-7 on this agenda. Mc. McIntire suggested that since these lease sites are involved in litigation, this matter should be referred to City staff and committee for a report back to the Council. B=6 Request of G. Crill to sublease a portion of lease sites 134-137. Discussion held regarding this sublease in depth. It was suggested this request be referred to staff and that it be expedited as quickly as possible. B=7 Harbor lease to Virg Moore Discussion held at length regarding this request. It was suggested this request be referred to staff and that it be expedited as quickly as possible. Mayor Surfluh entertained a motion that could be applied to each of the three.Agenda Items, B-5, B-6 and B-7, that these matters be referred to committee, City staff and City Attorneys for a report back to the Council, with priority being given to Mr. Crill's and Mr. Moore's requests. MOTION: Councilman Bowen moved that we refer the requests of E. Evenson, G. Crill and Virg Moore to committee, staff and attorneys for report back as soon as possible. Mayor Surfluh seconded. Motion passed. Discussion held regarding the setting of a definite date for this action. MOTION: Councilman Bowen moved that the committee report back at the next regular Council meeting. Councilman Keiser seconded. Motion carried. NEW BUSINESS C-1 Letter from U. S. Corps of Engineers regarding change of Anchorage Areas. Mr. White read a letter dated May 9, 1966 from the U.S. Army Corps of Engineers describing particular changes proposed to be made in the anchorage areas. Also discussed was a letter from Councilman Mallory to the Corps of Engineers protesting this action. Mr. White read a copy of a letter addressed to the.Corps of Engineers from the Morro Bay Yacht Club signed by E. W. Marshall, and presented a petition duly signed by interested persons supporting the proposed modification. A copy of said petition was sent to the Corps of Engineers. a Minutes - City Council Meeting May 10, 1966 Page Six Discussion was held regarding Councilman Mallery's letter of protest, and it was determined that his only objection was that there was no public hearing on this matter. Joe Spellacy, Director of Public Works, reviewed the Anchorage Areas in question and explained the reason for this re- quest for modification in the Anchorage Area. Comments were heard from Red Doyle, who felt this change would greatly benefit the people using the mooring areas. Mr. White requested a Minute Order to confirm the wishes of the City Council that the Anchorage Areas as designated in the letter of April 7th be established. MOTION: Councilman Bowen moved that the Anchorage Areas, as designated by the letter of April 7ih, be established as shown. Councilman Bickford seconded. Motion passed. C-2 RESOLUTION NO. 47-66. RESOLUTION APPROVING PLANS AND D UTHORIZING ADVERTISEMENT FOR BIDS FOR FURNISHING AND INSTALLING SEWAGE METERS. Mr. White discussed this request for metering of sewage, and stated plans and specifications have been prepared for the installation of these meters. Resolution No. 47-66 was then read in its entirety. MOTION: Mayor Surfluh moved for the adoption of Resolution No. 47-66. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bowen, Bickford, Keiser, Mallery F, Mayor Surfluh. NOES: None C-3 Determination of Weed Abatement Policy Mr. White discussed the problem of weed abatement in this City. After reading Fire Chief Rieger's report for 1965, it was suggested that we be allowed one year as an experimental program whereby the Fire Department would burn fire breaks only, and at the end of the one year determine if this program would be successful. Comments were heard from Arthur Criddle regarding mowing the lots instead of burning them. Discussion ensued and it was de- termined that burning is the only feasible solution at this time. It was requested that the charge for burning lots be increased to $6 per lot or portion of a lot. Minutes - City Council Meeting May 10, 1966 Page Seven MOTION: Councilman Bowen moved that the Chief of the Fire Department be authorized to abate the weeds where necessary in the community to eliminate any possible fire hazzard to adjacent property, and that the charges to the individual parcels be assessed at $6. Discussion held regarding sizes of the fire breaks. Councilman Bickford seconded. Motion passed. RECESS: 9:30 P.M. RECONVENED: 9:40 P.M. C=4 ORDINANCE NO. 43. AN ORDINANCE CREATING AND ADDING SECT10T_97212 TO CHAPTER II, TITLE IX OF THE MORRO BAY MUNICIPAL CODE, ADOPTING RULES AND REGULATIONS GOVERNING THE DISCHARGE OF DUMPING OF RAW OR CHEMICALLY TREATED SEWAGE. Mr. White submitted this to the Council for their con- sideration and review, and suggested that the first reading be held at the next regular meeting, May 24, 1966. C=5 RESOLUTION NO. 48-66. RESOLUTION APPROVING CODE OF ETHICS FOR OFFICIALS AND EMPLOYEES OF THE CITY OF MORRO BAY. Mr. White reviewed Resolution No. 48-66 in depth, and stated this applies not only tothe City Officials, but to all City employees. MOTION: Councilman Bowen moved that Resolution No. 48-66 by read by title only. Mayor Surfluh seconded. Roll call vote: AYES: Councilmen Bowen, Bickford, Keiser, Mallery $ Mayor Surfluh. NOES: None Mr. White read Resolution No. 48-66 by title only. MOTION: Mayor Surfluh moved to adopt Resolution No. 48-66. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bowen, Bickford, Keiser, Mallery $ Mayor Surfluh. NOES: None CC=6 RESOLUTION NO. 49-66. RESOLUTION APPROVING UNDER- STANDING BE WEE T E CITY OF MORRO BAY AND THE ENGINEERING AND GRADING CONTRACTORS ASSOCIATION OF CALIFORNIA, INC., THE SANTA MARIA-SAN LUIS OBISPO CHAPTER, ON EGCA SUPPORT TO CIVIL DEFENSE IN EMER- GENCIES. Mr. White discussed the understanding between the EGCA and the City of Morro Bay regarding support in Civil Defense emergencies. He recommended that a Resolution be passed approving this particular understanding and that the local Chapters of EGCA be so notified. Minutes - City Council Meeting May 10, 1966 Page Eight Resolution No. 49-66 was read in its entirety. MOTION: Councilman Bowen moved that Resolution No. 49-66 be adopted. Councilman Keiser seconded. Roll call vote: AYES: Councilman Bowen, Bickford, Keiser, Mallery $ Mayor • Surfluh. NOES: None C-7 RESOLUTION NO. 50-66. RESOLUTION ADOPTING A BUDGET CALENDAR, 19 -67 FISCAL YEAR Mr. White reviewed the procedures to be followed in determining the preliminary budget and the ultimate adoption.of the final budget. Dates of special Council meetings were dis- cussed and decided upon, and appear as Exhibit "A" of the Reso- lution. Resolution No. 50-66 was then read in its entirety. MOTION: Councilman Bowen moved that Resolution No. 50-66 be adopted. Mayor Surfluh seconded. Roll call vote: AYES: Councilmen Bowen, Bickford, Keiser, Mallery & Mayor Surfluh. NOES: None C-8 PROCLAMATION. AMERICAN LEGION AND VETERANS OF R G ARS POPPY SALE Mr. White read above Proclamation and noted that the Mayor has affixed his signature. OTHER BUSINESS Mr. White requested that an Executive Session be called to discuss the appointment of a Planning Commissioner, Planning Director, Assistant Civil Defense Director and a member to serve on the San Luis Obispo County Economic Development Committee. Dis- cussion held regarding the hiring of a Planning Director. It was determined this should be a joint decision with the Planning Commission and the City Council. MOTION: Councilman Bickford moved that an Executive Session be called for Tuesday, May 17, at 7:30 P.M. in the Conference Room at City Hall for the purpose of handling personnel matters. Mayor Surfluh seconded. Motion carried. Minutes - City Council Meeting May 10, 1966 Page Nine TIME RESERVED FOR INDIVIDUAL ACTION Mr. Joe Giannini asked if there was a State investi- gator working within the City of Morro Bay, and also asked who conducted the investigation at the hearing in Sacramento. He was informed that the only known investigators were from the State Lands Commission. No other person had made any official request to the City for information. It was further stated that numerous inquires are continually being received re- garding the leasing of individual lease sites and this method may have been used to gather information. CORRESPONDENCE: 1. Request from Jesse Drake, Chairman of the Planning Commission, for permission to purchase attache cases for each of the Planning Commissioners and charge same to the City. MOTION: Mayor Surfluh moved that we comply with the Planning Commission's request for the attache cases. Council- man Bowen seconded. Motion passed. 2. President's Report of the Morro Bay Museum of Natural History Association dated May 10, 1966. 3. Letter from Senator Vernon L. Sturgeon thahking the Council for Resolution No. 36-66 supporting Assembly Bill No. 47. 4. Copy of Advice from P. G. $ E. regarding rate schedules for street and highway lighting. 5. Letter from Secretary of Commerce requesting the City to participate in the Youth Opportunity Campaign during the summer months. 6. Copy of a letter from City of Lompoc regarding their newly elected officials for the current term of office. 7. Letter from Kiwanis Club of Morro Bay -Estero re: Easter Sunrise Service. 8. Letter from California Disaster Office confirming the City's participation in the statewide program. 9. Copy of minutes of the San Luis Obispo County Water Re- sources Advisory Committee meeting, and copy of a memo from Doug Stuart apprising the Council of the Committee's actions at their last meeting. 10. Copy of a list of Mayors of Ventura County. 11. Letter from Mrs. Clyde Sorgen asking why the Del Mar Fire Station is not manned 24 hours a day. Discussion Minutes - City Council Meeting May 10, 1966 Page Ten followed in depth. Councilman Keiser suggested that Mr. White send a reply. 12. Letter and article from Mrs. Lowell Adamsof Templeton regarding the Atascadero Beach State Park. 13. Notice announcing the Pacific Southwest Regional Council Silver Anniversary Conference.to be held May 22 thru 24, 1966. 14. Copy of a letter from Greater Morro Bay Harbor Devel- opment Association re: the inclusion in the budget of 1967 of a $10,000 request for Harbor study in the Cambria -San Simeon area. 15. Letter from Morro Bay Taxpayer's Association re: sending representatives to the public hearing in Sacramento on May 6, 1966. 16. Notice from League of California Cities re: loss of Federal Aid Revenues for highways. 17. Copy of a resolution from the City of Coachella expressing support and devotion to the members of the armed forces of this country fighting in Viet Nam. 18. Notice of the meeting of the Small Craft Harbors Commission to be held May 23, 1966 in Berkeley, Calif. 19. Reminder of the Channel Counties Division - League of California Cities - Quarterly Meeting to be held in Lompoc on May 12, 1966. 20. Notice from Pacific Telephone F, Telegraph Co. re: application to increase certain Private Line Service rates and charges applicable within the State of Calif. 21 Reminder of the Fiesta Days in San Luis Obispo to be held May 22-25, 1966. MOTION: Councilman Bickford moved that the correspondence by filed. Councilman Bowen seconded. Motion passed. ADJOURNMENT MOTION: Councilman Keiser moved for adjournment. Councilman Bowen seconded. Motion passed. Meeting adjourned at 10:55 P.M. RECORDED BY: 0 �4 �� D Wt h,City Cler 0 46 CITY OF MORRO BAY AGENDA - Special Meeting May 4, 1966 - 7:30 PM Morro Bay Recreation Hall Call to order Pledge of Allegiance Invocation Roll Call BUSINESS Public hearing to consider the matter of extending the interim sign ordinance, Ordinance No. 35, for an additional one year period. City of Morro Bay SPECIAL MEETING - City Council May 4, 1966 - 7:30 P.M. Morro Bay Recreation Hall Mayor Surfluh called the meeting to order at 7:30 P.M. ROLL CALL: Present: Councilmen Bowen, Bickford, Mallery $ Mayor Surfluh Absent: Councilman Keiser Mr. White reviewed for the benefit of the Council the purpose of this meeting, which is to readopt Ordinance No. 35, which was adopted as an interim urgency ordinance. The Government Code specifies that said interim ordinance is effective for a 90-day period on adoption, and at the termination of the 90-day period may be readopted for an additional 12 month period. The City Council passed Resolution No. 41-66, a Resolution of Intention to Extend the Interim Sign Ordinance for a Twelve Month Period and Setting a Date for Hearing Thereon, at their last regular meeting held on April 19, 1966. Mr. White stated it would be in order to open this meeting for public hearing on the readoption of the interim sign ordinance. Carlos Moerman of City Neon Sign Company in. San Luis Obispo, dis- cussed the Interim Sign Ordinance and recommended the following changes: 1. Section 3, subsection A. change "forty eight square feet" to read 150 square feet. 2. Section 5, subsection C, change "twelve inches (12") to six (6) feet. Discussion held in depth regarding these two recommended changes of the encroachment and size limitations of the Interim Sign Ordinance. Discussion also held regarding the actions of the Planning Commission in processing the requests for on -site signs. Mr. White read Section 7 in full and suggested that after the words "pursuant to", it be changed to read "rules and regulations to be adopted by Resolution of the City Council". Discussion held re- garding said Section. MOTION: Councilman Mallery moved that the amendment, as stated, to Section 7 be so inserted. Councilman Bickford seconded. Motion carried. Discussion held in depth regarding the definition of the term "aggregate area". City Council Special Meeting May 4, 1966 Page Two Mr. White recommended a Minute Order to read Ordinance No. 42, the ordinance readopting Ordinance No. 35 for a 12 month period, by title only. MOTION: Councilman Mallery moved that we read Ordinance No. 42 by title only. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bowen, Bickford, Mallery $ Mayor Surfluh NOES: None ABSENT: Councilman Keiser MOTION: Councilman Bowen moved that Ordinance No. 42 be adopted. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bowen, Bickford, Mallery $ Mayor Surfluh NOES: None ABSENT: Councilman Keiser ADJOURNMENT: MOTION: Councilman Mallery moved to adjourn meeting. Councilman Bickford seconded. Motion carrield. Meeting adjourned at 8:30 P.M. RECORDED BY: C. TED WHITE, City Clerk MINUTES - City Cauncil Meeting Executive Session April 2S, 1966 - 2:00 P.M. City Hall Conference Room ROLL CALL Present: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh Others in attendance were: City Attorneys•Kardel $ McIntire, and City Administrator, C. T. White. Mayor Surfluh opened the meeting, making note that all Council- men had been duly notified of this meeting on April 21, 1966. Matters to be discussed at this meeting relate to current liti- gation. Discussion held in depth regarding said litigation. Mayor Surfluh asked if there was any other business to be brought before the Council at this time. City Administrator requested that the Council consider the matter of the appointment of a Planning Commissioner to fill the vacancy created by the election of Wayne E. Bickford to the City Council. Mayor Surfluh entertained a motion to waive notice of the fact that this item of business was not listed as business to be brought before this meeting and that the Council would have to indicate their approval of the consideration of this matter at this time. MOTION: Councilman Bowen moved to waive notice of the consideration of this matter of appointment of one Planning Commissioner. Seconded by Council- man Bickford. Passed unanimously. Discussion held regarding methods used in the past in filling vacancies on the Planning Commission. It was determined after said discussion that each Councilman would present names of individuals who would be willing to serve as Planning Commissioner at an appropriate Executive Session to be called by the Mayor. ADJOURNMENT MOTION: Mayor Surfluh moved to adjourn. Seconded by Councilman Bowen. Passed unanimously. Meeting adjourned at 6:00 P.M. RECORDED BY: C. WHITE-9- city uIerk ri- NOTICE Notice is hereby'given that the regular meeting date of the Morro Bay City Council for the month of April will be as follows: Tuesday, April 5, 1966 Tuesday, April 19, 1966 . The meetings will be conducted at their usual place, , The Morro Bay Recreation Hall, 7th and "E" Streets, at 7:30 P.M. C. T. White, City Clerk. ? Publish: Th e un -- arc , Apri1 7, 14 L CITY OF MORRO BAY AGENDA - City Council Meeting April 19, 1966 - 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MTNITTFC 1. Regular Meeting of March 22, 1966 2. Regular Meeting of April 5, 1966 HEARINGS. APPEARANCES 6 REPORTS A-1 Financial Report NEW BUSINESS B-1 Letter of resignation from W. E. Bickford, Planning Commissioner B-2 Resolution re: Results of General Municipal Election and Receipt of City Clerk's Certificate as to Results B-3 Procedures for seating newly elected Council and selecting a Mayor. A. Presentation of Certificate of Election and administration of Oath of Office by City Clerk B. City Clerk to conduct election for Mayor C. Newly elected Mayor to conduct election for Mayor Pro Tem. B-4 Request of E. Evenson for permission to transfer leasehold interest - Lease Site 61 $ 61W B-5 Request of R. Snyder, Attorney, representing G. Crill, to authorize sublease of a portion of Lease Sites 135 and 136 B-6 Request of V. Moore for Harbor lease B-7 Request from U. S. Coast Guard for water contract UNFINISHED BUSINESS C-1 Request of Central Coast Investors relative to Lease Sites 200 and 201 C-2 Atascade.ro Beach State Park C-3 Bid results for removing existing piling and furnishing and installing new piling on City Pier C-4 Resolution re: Intention to abandon easement C-5 Ordinance No. 3'S; Interim Sign Ordinance - set time and place for special meeting to re -adopt. C-6 Appointment of Councilman to Economic Opportunity Commission TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT Calendar , 1. Council Meetings: May 10 and 24, 1966 2. Planning Commission Meetings: April 26 and May 3, 1966 MINUTES - City Council Meeting April 19, 1966 Morro Bay Recreation Hall The regular meeting of the City Council.convened at 7:35 P.M. with the pledge of allegiance. Mayor Jack Surfluh gave the invocation. ROLL CALL Present; Councilmen Bowen, Crass, Payne, Zinn $ Mayor Surfluh Absent: None MINUTES Minutes of March 22 and April 5, 1966, were considered. MOTION: Councilman Zinn moved that the reading of the minutes of March 22 and April 5, 1966, be dispensed with. Councilman Payne seconded. Motion carried. Councilman Payne stated in the minutes of April 5, Section C-6, Page 6, the word "lease" should be added after "Acres" in the Minute Order. Councilman Payne also stated that in the Motion to Adjourn, in the minutes of April 5, Councilman Zinn made the motion and Councilman Payne seconded. MOTION: Councilman Payne moved that the minutes be approved as corrected. Councilman Crass seconded. Motion passed. HEARINGS, APPEARANCES $ REPORTS A-1 Financial Report. Mr. White presented the Monthly Expenditure Report for the period of March 16, 1966 through April 19, 1966. MOTION: Councilman Zinn moved that the Monthly Expenditure Report for the period of March 16, 1966 through April 19, 1966, including checks numbered 2440 through 2597 be approved. Councilman Crass seconded. Motion carried. NEW BUSINESS B-1 Letter of Resignation Mr. White read a letter of resignation from Wayne E. Bickford, Planning Commissioner, dated April 14, 1966, to the Council. Minute Order recommended to accept Mr. Bickford's letter of resigna- tion from the Planning Commission. MOTION: Councilman Zinn moved to accept Mr. Bickford's resignation. Councilman Bowen seconded. Motion carried. 0 MINUTES - City Council Meeting April 19, 1966 PAGE TWO B-2 Resolution No. 37-66. RESOLUTION RECITING THE FACT OF THE GENERAL NICIPAL ELECTION HELD ON THE 12th DAY OF APRIL, 1966, DECLARING THE RE- SULT THEREOF AND SUCH OTHER MATTERS AS ARE PRO- VIDED BY LAW Mr. White read Resolution No. 37-66 in its entirety. MOTION: Councilman Zinn moved that Resolution No. 37-66 be approved. Councilman Crass seconded. Roll call vote, unanimously passed. B-3a Seating of Newly Elected Council Mr. White called the newly elected Council members forward to receive the Certificate of Election and Oath of Office. The new Councilmen, Wayne E. Bickford, Lila H. Keiser and Wesley E. Mallery were duly sworn in by the City Clerk. B-3b Election for Office of Mayor The City Clerk then assumed the responsibility of conducting the election for Mayor for the term of two years and asked for nomin- ations for that office. Paul Bowen nominated Jack Surfluh; Lila Keiser nominated Paul Bowen, and Wesley Mallery nominated Lila Keiser. Councilmen Bowen and Keiser declined the nomination. Councilman Keiser requested a roll call vote: AYES: Councilmen Bowen and Bickford and Mayor Surfluh NOES: None ABSTAIN: Councilmen Keiser and Mallery Councilman Keiser stated that due to her abstaining vote, she wants it understood there is no trouble or rift among the Council due to Mayor Surfluh being re-elected as Mayor, and that they would work together. B-3c Election for Office of Mayor Pro Tem Nominated for the office of Mayor Pro Tem by Lila Keiser was Wayne E. Bickford. Mayor Surfluh stated that there being no further nominations, nominations are closed. Councilman Keiser requested a roll call vote: AYES: Councilmen Bowen, Keiser, Bickford, Mallery & Mayor Surfluh. NOES: None MINUTES - City Council Meeting April 19, 1966 PAGE THREE B-4 Request of E. Evenson to transfer leasehold interest in Lease Sites 61 and 61W to the Morro Bay Yacht Club. Mr. White explained the procedures to be followed in handling this request and recommended that this matter be referred to staff for proper documentation. MOTION: Councilman Bowen moved to refer this matter to staff and to the Planning Commission. Councilman Keiser seconded. Motion carried. B-S Request of G. Crill to sublease a portion of Lease Sites 134 to 137 to Charles Sites. Mr. White explained briefly the request of Mr. Crill to sublease a portion of Lease Sites 134 to 137 for an abalone processing plant. Mr. Kardel, City Attorney, recommended this matter be referred to staff. MOTION: Councilman Bickford moved this matter be referred to staff and to the Planning Commission. Councilman Keiser seconded. Motion carried. B-6 Request of V. Moore for Harbor Lease Mr. White gave a brief summary of Mr. Moore's request regarding developing the water area adjacent to P. G. $ E. property. He suggested this matter be referred to staff. MOTION: Councilman Mallery moved to refer this matter to staff. Councilman Bickford seconded. Motion carried. B-7 Resolution No. 38-66. RESOLUTION APPROVING CONTRACT FOR WATER SERVICE FOR THE TREASURY DEPARTMENT, U.S. COAST GUARD. Mr. White briefly explained the request of the United States Coast Guard for a water contract. Resolution No. 38-66 was then read in its entirety. MOTION: Mayor Surfluh moved to adopt Resolution 38-66. Councilman Bowen seconded. Roll call vote, unanimously adopted. UNFINISHED BUSINESS: C-1 Request of Central Coast Investors re: Lease Sites 200 and 201 Mayor Surfluh asked the representatives of Central Coast Investors MINUTES - City Council Meeting April 19, 1966 PAGE FOUR to make their presentation. Mr. Kendell Jenkins presented graphic illustrations of the proposed development plans of Central Coast Investors and Morro Dunes, Inc. for review of the Council. Mr. Jenkins discussed in detail the facilities that will be con- structed on Lease Sites 200 and 201, and the proposed phasing of construction. He presented members of the Council and staff with letters setting forth the construction schedule and cost estimates, with the added request for permission to proceed with the con- struction as programmed this evening. He also asked for approval of the assignment of Lease Sites 200 and 201 from Central Coast Investors to Morro Dunes, Inc. In the event of the approval of the two aforementioned requests regarding the commencement of construction and the assignment of the lease, Morro Dunes, Inc. would be willing to concede certain points as set forth in a letter presented to the Council which is on file in City Hall. The City Attorney recommended that a full public hearing be held on this matter at tonight's meeting asking for comments from the audience and interested parties, on conclusion of said hearing the Council and staff to comment. Mayor Surfluh concurred with this and asked if there were any persons present who wished to speak regarding this proposed development. Comments were made both pro and con toward the establishment of this facility at this location by members of the audience. At the conclusion, Mayor Surfluh declared the hearing closed and asked the City Attorney for a review of the matter as it stands now, Mr. McIntire apprised the Council of the status of the existing lease, the legal implications with respect to this lease, and the steps that the Council Committee and members of the staff have taken towards resolving the problems encountered by Central Coast Investors. The interest of the original lease holder, Earnest D. Hart, and his relationship to Central Coast Investors was discussed for the benefit of those present, and it is the findings of the Council Committee and the City Attorneys Office that in order for Central Coast Investors to proceed, the City must be assured that Mr. Hart no longer has an interest in the lease. A lease amendment agreement was submitted to Central Coast Investors on April 8, 1966, and said agreement set forth the procedures where- by Central Coast Investors would acquire the signature of Mr. Hart assigning his leasehold interest entirely to Central Coast Investors. This lease amendment agreement was approved by the City Council on April 5, 1966, and was to be returned on or before May 5, 1966. To date, no response has been made by the principals of Central Coast Investors or Morro Dunes, Inc. regarding this lease amendment agree- ment. MINUTES - City Council Meeting April 19, 1966 PAGE FIVE Councilman Keiser asked if the City could become involved in the law suit between Mr. Hart and Central Coast Investors. The City Attorney advised that the City could be brought into the law suit if this question arises in the Courts. It was suggested that either Mr. Hart sign over his entire interest to Central Coast Investors, or Central Coast Investors sign over their interest to Mr. Hart, or that they both sign the lease amendment agreement. Mr. Kardel reviewed the lease dated March 22, 1966, to the City Council recommending that'the Council follow one of three courses of action. These recommendations were reviewed again for the benefit of the Council and discussion held in depth as to pro- cedures to follow. The City Attorney recommended to the.Council that this.matter again be referred to a committee of the Council for study and report back. MOTION: Councilman Mallery moved to rescind the action of the Council taken April 5, 1966, in regards to approval of the lease amendment agreement, and forthwith renegotiate with Morro Dunes, Inc., Central Coast Investors and Earnest Hart, and that a 30- .day time limit be placed on this matter. Council- man Bickford seconded. Unanimously passed. C-2 Atascadero•Beach State Park The City Administrator informed the Council that representatives of the Division of Beaches and Parks from the Regional Office of Planning and Development at Goleta are in attendance at this meeting to present their plans on the proposed access route to the Atascadero Beach State Park. Introduced were Clark Muldavin, Regional Engineer, Robert Rothhaupt and Milton Frienke, Operations Officer. Mr. Muldavin displayed drawings of the proposed planned access at Yerba Buena Street and reviewed said plans in detail. Mr. Rothhaupt and Mr. Frienke commented upon the proposed Yerba Buena access relating to their responsibility in the development and operation of the State Park facility. A request was made of the Council that a resolution be submitted to the State approving the Yerba Buena access as proposed, and that approval be granted for hook-up to the City sewer system. In addition to the afore- mentioned request, an additional request was made for interim use of the Easter -Sandalwood -Hatteras entrance as originally proposed by the State during the period that the Yerba Buena access is being constructed. An inquiry was made as to what length of time would be required for this interim use and it was stated that it would be from 9 to 12 months before the Yerba Buena access could be completed and open for public use. MINUTES - City Council Meeting April 19, 1966 PAGE SIX Mayor Surfluh opened the meeting for comments from members of the audience. Many comments were made from those present in the audience regarding the State's request for the interim use of the initially proposed access route, the sewer service agree- ment and the loss of access to the beach by not only the resi- dents of this City, but the many thousands of people who have used the beach in the past, because of the installation of the State Park facility. Approximately 20 persons were recognized by the Chair, all speaking in opposition to the aforementioned interim use and severe criticism was given for the lack of access to vehicular traffic to what has been a public beach. Mayor Surfluh then declared the matter closed from the floor and asked individual council members to comment and give their thoughts regarding the State's request. Discussion was held at length by the City Council who reviewed not only the request from the State and its possible effect upon the public health and safety, but also how it would affect the existing law suit filed against the City by the State of California. MOTION: Councilman Bickford moved that the City decline to grant access by the Hatteras Street route, and that we refer the proposed Yerba Buena Street access to the City staff for consideration. Councilman Bowen seconded. Discussion was held regarding above motion. Councilman Mallery requested an amendment to Councilman Bickford's motion. Councilman Bowen withdrew his second to Councilman Bickford's motion. Councilman Mallery suggested that the motion also state that we will now allow no interim access by the Hatteras Street route or any other route. MOTION: Councilman Bickford's.amended motion, then appears as follows: The City to decline to grant acess by the Hatteras Street route and that no interim access by said Hatteras Street route or any other route be granted and that we refer the Yerba Buena Street access to staff for consideration and report back to the Council. Councilman Bowen seconded. Passed unanimously. City Attorney was asked to comment on the law suit and review for those present its status and what we had previously proposed to the State as a settlement. Resolution No. 15-66 of the City of Morro Bay was submitted to the State, and said Resolution set forth certain provisions that would be acceptable to the City towards settlement of the existing law suit. Resolution No. 16-66 authorized the signing of the sewer hook-up agreement and was contingent upon compliance by the State of the provisions of Resolution 15-66. MINUTES - City April 19, 1966 PAGE SEVEN Council Meeting It was recommended to the Council by City staff that the afore- mentioned Resolutions be rescinded, and that the matter be referred to a committee of the Council and members of the City staff, and that they be directed to meet with members of the State Division of Beaches and Parks for further planning and discussion relative to the solution of this problem of access and settlement of the existing law suit. It was recommended by Mr. Kardel that Resolutions 15-66 and 16-66 be rescinded. MOTION: Councilman Bowen moved to rescind Resolutions 15-66. and 16-66 and that the planned access route be referred to Council Committee and City staff for renegotiation with the Division of Beaches and Parks. Mayor Surfluh seconded. Question: Mayor Surfluh asked that Resolutions 15-66 and 16-66 be read in their entirety. Mr. White then did read said resolutions. No further discussion, motion passed unanimously. RECESS: 11:20 P.M. RECONVENED: 11:30 P.M. C-3 Bid results for removing existing piling and furnishing and installing new piling on City Pier. City Administrator stated that the existing fender pilings on the City Pier are in need of repairs and plans and specifications were approved by the Council and a Notice to Contractors was duly published. Two bids have been received, and -on evaluation it has been determined that the bids are excessive and he recommended that both bids be rejected. On recommendation from the City Engineer and Director of Public Works, he requested the Council to authorize the expenditure of the funds budgeted for this project for pilings only. Said pilings to be stock -piled and installed on a force acc6unt basis by City employees as time allows. MOTION: Councilman Bowen moved that the two bids received be rejected. Councilman Keiser seconded. Motion carried. Minute Order called for to authorize the purchase of the specified number of pilings required to accomplish this job. MOTION: Councilman Mallery moved that we purchase the needed pilings and that we have two figures, one on new pilings and one on used pilings. Councilman Bickford seconded. Motion carried. MINUTES - City Council Meeting April 19, 1966 PAGE EIGHT C-4 Resolution re: Intention to Abandon Easement Mr. White reviewed the past actions on this matter for the bene- fit of the Council and explained that upon review of the ease- ments as they now exist, we can find no purpose in keeping said. easements for street or road -way purposes. He recommended that the abandonment procedures be followed. In view of the fact that the statutes are not clear as to which provision of said statutes would apply in this particular in- stance, two resolutions have been prepared regarding said abandon- ment. It has been suggested by the City Attorney that both of these resolutions be adopted. C-4a Resolution No. 39-66. RESOLUTION OF INTENTION TO ABANDON R A B C EASEMENTS AND SETTING DATE FOR HEARING. MOTION: Councilman Mallery moved that Resolution 39-66 be read by title only. Discussion held and time set for the hearing for May 10, 1966, at 7:30 P.M. Councilman Bowen seconded. Roll call vote, unanimously passed. Resolution No. 39-66 read by title only. MOTION: Councilman Bowen moved that we adopt Resolution No 39-66. Councilman Mallery seconded. Roll call vote, unanimously passed. C-0 Resolution No. 40-66. RESOLUTION OF INTENTION TO CERTAINABANDON B EASEMENTS AND SETTING DATE FOR HEARING. MOTION: Councilman Bickford moved that Resolution No: 40-66 be read by title only. Mayor Surfluh seconded. Roll call vote, unanimously passed. Resolution No. 40-66 read by title only. MOTION: Mayor Surfluh moved that Resolution 40-66 be adopted and that May 10, 1966, at 7:30 P.M. be set for public hearing. Councilman Keiser seconded. Roll call vote, unanimously passed. C-5 Ordinance No. 35 - Interim Sign Ordinance City Administrator stated that the interim Sign Ordinance was adopted for a 90-day period and said 90 days will expire on May 9, 1966, and that a special meeting will have to be called on or before that date to readopt said interim ordinance. A compre- hensive Sign Ordinance is now being considered by the Planning Commission. MINUTES - City Council Meeting April 19, 1966 PAGE NINE After a discussion, it was determined that a special meeting be called for the public hearing to readopt Ordinance No. 35 on May 4, 1966 at 7:30 P.M. Resolution No. 41-66. RESOLUTION OF INTENTION TO EXTEND INTERIM SIGN ORDINANCE FOR A TWELVE MONTH PERIOD AND SETTING A DATE FOR HEARING THEREON. Mr. White then read Resolution No. 41-66 in full. MOTION: Councilman Bickford moved that Resolution No. 41-66 be adopted. Councilman Bowen seconded. Roll call vote, unanimously passed. C-6 Appointment of Councilman for Economic Opportunity Commission Councilman Keiser volunteered to represent the Council on this Commission. MOTION: Mayor Surfluh moved that Councilman Keiser be appointed to the Economic Opportunity Commission. Councilman Bowen seconded. Motion carried. OTHER BUSINESS Mr. White requested that the Council make a ruling on two budgeted projects that bids have been received on. One is for paving of the City Hall parking lot, and the other is for the paving of the Maintenance Yard next to the treatment plant. Two bids have been received for each of these projects. As separate bid items, each bid falls below the specified limit as set forth in the Purchasing Ordinance whereby no formal con- tract procedure is required. However, the low bid in each case was from the same contractor at 13h cents per square foot, and on combining these two they exceed the $2,000.00 limit as speci- fied in the Purchasing Ordinance. In order to clarify this matter, it was felt that it should be presented to the Council requesting their approval of the low bid from R. H. Beecham, General Contractor, for approximately 15,800 square feet of paving. Mayor Surfluh entertained a motion that the bid be granted to R. H. Beecham. MOTION: Councilman Bickford moved that we grant the con- tract to R. H. Beecham to furnish paving in the amount of 15,800 square feet at 13h cents per square foot. Councilman Mallery seconded. Motion carried. TIME RESERVED FOR INDIVIDUAL ACTION There being no business, above dispensed with. 9 MINUTES - City Council Meeting April 19, 1966 PAGE TEN CORRESPONDENCE: 1. Letter from Sheriff Mansfield commending Chief Holeman and Police Department re: activities of Hells Angels 2. Letter re: Quarterly Meeting of Channel Counties Division of League of California Cities at Lompoc 3. Notice of meeting of the Small Craft Harbors Commission 4. Invitation to Coronation Ball, La Fiesta San Luis Obispo, May 14, 1966 S. Notice of meeting of California Marine Parks g Harbors Association, Inc. 6. Letter from The Resources Agency of California re: dead- line for filing applications for funds under the 1964 State Beach, Park, Recreational F, Historical Facilities Bond Act 6, the Land $ Water Conservation Fund Act 7. Letters from Assemblyman Shoemaker $ Alquist and Frank A. Mesple', Legislative Secretary to Governor Brown, re: Resolution No. 36-66 8. Notice re: Modification of Special Anchorage areas at Morro Bay, Calif. 9. Letter re: Advertising Rates for the Telegram Tribune 10. Letter from Division of Highways re: lights for Main Street Underpass 11. Letter from Division of Highways re: construction of full freeway through Morro Bay 12. Letter from Division of Highways re: A.B. No. 3404 13. Notice from California Navigation Conference re: Hearing Time before the House and Senate 14. Notice of Hearing of applications of Pacific Telephone $ Telegraph Company and Western Union Telegraph Company to increase certain rates and charges to Private Line Service. MOTION: Councilman Bickford moved that the correspondence be filed. Mayor Surfluh seconded. Motion carried. Mr. White requested the old and new Council members meet at his office on April 20 for signatures required on certain documents. MINUTES - City Council Meeting April 19, 1966 PAGE ELEVEN ADJOURNMENT MOTION: Councilman Keiser moved to adjourn the meeting. Mayor Surfluh seconded. Motion carried. ADJOURNED: 12:10 P.M. RECORDED BY: �T I RiiITEitClerk CITY OF MORRO BAY AGENDA - City Council Meeting April 5, 1966 - 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of March 8, 1966. HEARINGS, APPEARANCES & REPORTS A-1 Appearance of Roy L. Whitford, Pacific Gas f, Electric Company. A-2 Litigation Report. UNFINISHED BUSINESS B-1 Notice of completion for street maintenance work. B-2 Lease Agreement - Lease Sites 200 and 201. B-3 Request of P. Tomasovich for rezoning of property. NEW BUSINESS C-1 Cooperative agreement for use of funds apportioned for street improvements. C-2 Request approval of plans and specifications for street improvements on Main Street between 7th and 9th Streets. C-3 Request of W. Lyles for abandonment of property at 8th and C Streets. C-4 Request of C. Ogle for abandonment of easement between Sth and 6th Streets. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT Calendar 1. Council Meetings: April 19 and May 10, 1966. 2. Planning Commission Meetings: April.26 and May 3, 1966. • MINUTES - City Council Meeting April 5, 1966 Morro Bay Recreation Hall The regular meeting of the City Council convened at 7:40 P.M. with the pledge of allegiance. Mayor Jack Surfluh gave the invocation. ROLL CALL Present: Councilmen Crass, Payne, Zinn and Mayor Surfluh Absent: Councilman Bowen MINUTES: Mayor Surfluh entertained a motion that the reading of the minutes of the regular meeting of March 8, 1966, and special meeting of March 14, 1966, be dispensed with. Motion: Councilman Payne moved that the reading of the minutes of March 8, 1966, and special meeting of March 14, 1966, be dispensed with., Councilman Zinn seconded. Unanimously approved. Motion: Councilman Payne moved that the minutes of the regular meeting of March 8, 1966, and special meeting of'March 14, 1966, be approved as written. Councilman Zinn seconded. Unanimously passed. HEARINGS, APPEARANCES $ REPORTS A-1 Appearance of Roy L. Whitford, Pacific Gas 6, Electric Company Mr. Whitford presented Mayor Surfluh and the City Council with a check in the amount of $3,843.51 for the electric franchise. This represents 1% of the gross revenue derived from the sale of electricity within the City of Morro Bay for the period from January 1, 1965 to December 31, 1965. A-2 Litigation Report The City Attorney reviewed pending litigation the City is in- volved in. The first matter discussed was the recent decision of the District Court of Appeals upholding the right of a City to levy a bed tax. This decision was rendered in the case in- volving Pismo Beach, whereby they had lost a decision in the Superior Court and they had to submit the question as to whether the issue had to be submitted to the people to determine the right of the City Council to so levy a bed tax. The effect of this decision upon the pending case before the District Court of Appeals initiated by two motel owners in Morro Bay is not known at this time. MINUTES, City Council Meeting April S, 1966 PAGE TWO Mr. Kardel reviewed briefly the action taken in the Thomas suit. At the present time, the City is awaiting a decision from the Judge on the City's request for a Motion to Strike. A complete summary was given by Mr. Kardel of the area being claimed by the plaintiffs in the Thomas action. Possible areas of settlement were discussed by the City Attorney and members of the City Council. Mr. Kardel reviewed the efforts of the City for a settlement in this action. He referred to the efforts of the individual councilmen to meet with and discuss possible settlement of the existing law suit.with individual plaintiffs. Mr. Kardel reviewed in depth the question regarding legal fees which has drawn much attention in the past several months. Justification was given for his methods of assessing fees for services rendered. Reference was made .to various law suits and the cost in legal fees of each. Mayor Surfluh made a statement commending the City Attorney for his ability, efficiency and recommendations that he has made to the Council. A-3 Report on Trip Mr. White reviewed the trip made by Councilman Crass, Mr. Spellacy and himself to San Diego, Newport Beach and San Pedro on March 30, 31 and April 1. The purpose of this trip was to gather.information and ideas from these areas in. matters relating to the administration, maintenance and operation of Harbors, and tidelands, trust areas. Much useful information was gained and the trip has been considered of con- siderable value. Questions were asked by members of the Council and the audience. UNFINISHED BUSINESS B-1 RESOLUTION NO. 33-66- RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF LETION FOR STREET MAINTENANCE WORK - SELECT SYSTEM PROJECT NO. S Mr. White stated that a Certification of Completion has been sub- mitted by the Director of Public Works for the street maintenance work done by contract. Mr. White read Resolution No. 33-66 in its entirety. Motion: Councilman Zinn moved that Resolution No. 33-66 be approved. Councilman Payne seconded. Rollcall vote, unanimously passed. Councilman Bowen absent. B-2 Lease Agreement - Lease Sites 200 and 201 City Attorney reviewed for the Council the meeting held by the Council Committee consisting of Councilmen Payne and Crass, the City Attorney and the City Administrator. From these meetings, MINUTES - City Council Meeting April S, 1966 PAGE THREE a document was developed entitled Lease Amendment Agreement. A discussion was held in detail regarding said Lease Amend- ment Agreement. Motion: Councilman Payne moved that we approve the Lease Amendment Agreement and that the Mayor be authorized to sign said amendment, and that Central Coast In- vestors be granted one month from this date in which to accept the Lease Amendment Agreement. Councilman Crass seconded. Further discussion was held relative to the first reappraisal, the cash deposit required, and the reappraisal period. Mr. Martin Munson, Attorney, representing Mr. Frank Abruscato, was recognized from the audience and he informed the Council that his clients are ready and willing to assume this lease in its present form. Comments were also heard from Mr. Hugh Case relative to the obligations of the original lessee and his desire to see this project completed as originally planed. Further discussion was held by the Council relative to the lease provisions and the obligations of Central Coast Investors to the City and the City's responsibility and obligations to the lessee. Roll call vote: AYES: Councilmen Payne, Crass and Mayor Surfluh NOES: Councilman Zinn ABSENT: Councilman Bowen Mr. Zinn stated that he desires the minutes to show that his "no" vote was not in opposition to the Lease Amendment Agreement as written, but in respect to the Mayor signing the Agreement prior to hearing further from the Central Coast Investors. Discussion was held and the decision reached that the Mayor was not authorized to sign the Agreement until after Central Coast Investors had signed. Motion passed. B-3 Request of P. Tomasovich for.rezoning of property. A discussion was held regarding the request of Mr. Tomasovich that his property, currently zoned R-3, be rezoned as commercial. Mr. White reviewed the sequence of events leading up to this re- quest. Mr. Wayne Bickford, Planning Commissioner, reviewed the actions of the Planning Commission*in advertising for and con- ducting a public hearing on the request of Mr. Tomasovich for a MINUTES - City Council Meeting April 5, 1966 PAGE FOUR rezoning of his property. Reference was made to the Planning Commission minutes of January 18, 1966, to clarify their actions in this matter. Mr. White read a section of the City Zoning Ordinance regarding the continuing use of a non -conforming use within a zone to clarify the rights of Mr. Tomasovich to the use of his existing facility. Discussion held in depth by members of the Council and staff regarding this request. Motion: Councilman Zinn moved to defer the matter until we have adopted the new zoning ordinance in conjunction with the Master Plan. Councilman Payne seconded. Roll call vote, unanimously passed. C-1 Resolution No. 34-66. RESOLUTION APPROVING COOPERATIVE AGREEMENT TURE ON STATE HIGHWAYS OF FUNDS APPORTIONED UNDER STREETS AND HIGHWAYS CODE SECTION 186.1 OR RECEIVING MATCHING CREDIT FOR ELIGIBLE WORK PERFORMED ON STATE HIGHWAYS. The City Administrator informed the Council of the provisions of the Cooperative Agreement for use of funds apportioned for street improvements, submitted to the City by the Department of Public Works, Division of Highways. Mr. White read Resolution No. 34-66 in full. Motion: Mayor Surfluh moved that Resolution No. 34-66 be adopted. Councilman Payne seconded. Roll call vote, unanimously adopted. C-2 Resolution No. 3S-66. RESOLUTION APPROVING PLANS AND AUTHORIZING MENT FOR BIDS FOR THE CONSTRUCTION OF ROAD IMPROVEMENTS, SELECT SYSTEM PROJECT NO. 26 The Director of Public Works was called upon to review the plans and specifications for street improvements on Main Street between 7th and 9th Streets. The plans were displayed and a discussion was held in depth regarding the proposed improvements. Resolution No. 3S-66 was read in its entirety. Motion: Councilman Payne moved we adopt Resolution No. 3S-66. Councilman Zinn seconded. Roll call vote, unanimously passed. C-3 Request of Arthur Lyles for abandonment of property at 8th and C Streets. The City Administrator requested the City Attorney to review the sequence of events leading to the request from Arthur Lyles to the City for the abandonment of a small parcel of property at 8th and C Streets. MINUTES - City Council Meeting April 5, 1966 PAGE FIVE Three courses of action were outlined to the Council for their consideration in resolving this question. The first course of action that could be followed would be to correct the Deed. The second would be to abandon that parcel known as Parcel One. The third would be to advertise this parcel for sale by competitive bid. Discussion held in depth regarding the three alternatives. Mr. White suggested that a possible fourth course of action could be a request that the School Board quit -claim all right,title and interest in and to 8th Street adjacent to the school property, to the City. This action would be required as the Title Company can find no right of the City to this street. A discussion held on the merits of all four proposals. Motion: Councilman Payne moved that the City staff contact the Fforro Union Elementary School District Board and request that the area of 8th Street, lying between C and D Streets adjacent to the school property, be quit -claimed to the City so that the parcel requested by Mr. Arthur Lyles can be transferred to him under normal abandonment procedures. Seconded by Councilman Crass. Unanimously passed. C-4 Request of Charles Ogle, Attorney, For Abandonment of Easement Between Sth and 6th Streets. The City Administrator requested the City Attorney to review the request of Mr. Charles Ogle for abandonment of an easement for street or roadway purposes that lies between 5th and 6th Streets and Morro and Market Streets. Mr. Kardel reviewed the status of the easement as it exists and informed the Council of methods in which to accomplish an abandonment of this type of easement. A discussion was held relative to possible future needs of the City and Utility Companies in regard to an easement over these particular parcels. On recommendation of the City Engineer, Director of Public Works, it was determined that the City would have no need for a utility easement or a road easement in this location. The City Attorney made references to the Government Code Section regarding vacation of easements that would be applicable to the abandonment of this easement Motion: Councilman Zinn moved to direct the City Attorney to draw up a resolution of intention to abandon under Section 50430 of the Government Code. Seconded by Councilman Crass. Unanimously passed. C-5 Wilson and Anderson Sublease The City Attorney reviewed the status of the sublease agreement by and between Wilson -Anderson and the City of Morro Bay. He recommended that prior to execution of the Agreement by the Mayor that the lessee and sublessees sign the agreement and com- ply with all conditions under said Agreement. On compliance, the Mayor to sign on behalf of the City of Morro Bay. To date, only MINUTES - City Council Meeting April 5, 1966 PAGE SIX the signature of Mrs. Anderson is lacking as she is out of town. Motion: Councilman Zinn moved that the Mayor be authorized to sign the Agreement as soon as all the parties to the Agreement have signed. Councilman Payne seconded. Unanimously passed. C-6 Green West Acres Lease Mr. Kardel suggested that the Council favorably consider an extension on Green West Acres to the second regular meeting of July. The last extension will run out on April llth. Minute Order recommended to extend Green West Acres.lease. Motion: Councilman Payne moved to extend the period of relief from making lease payments to Green West Acres for the period of April 11, 1966, to July 26, 1966. Council- man Crass seconded. Unanimously passed. C-7 Resolution No. 36-66. RESOLUTION OF THE CITY OF MORRO BAY EXPRESSING SUPPORT OF THE STATE HIGHWAY BEAUTIFICATION BILL, A.B. 47 Mr. White discussed Assembly Bill No. 47 pertaining to outdoor advertising regarding the support of the Bill by the City of Morro Bay. Mr. White read Resolution No. 36-66 in its entirety. Motion: Councilman Payne moved that we adopt Resolution No. 36-66. Councilman Crass seconded. Roll call vote, unanimously passed. C-8 Request of Golden Tee Resort for Use Permit. The City Administrator presented a plan of development adjacent to the Golden Tee Resort to the Council for their consideration. Mr. Glenn Kleinhammer, representing the Golden Tee Resort, has requested the use of approximately 4600 square feet of tidelands area for the installation of a parking lot to serve additional motel units they intend to construct. Plan of the development was displayed for the benefit of those present and a recommenda- tion was made to the Council that this matter be handled by the issuance of a Use Permit during the period that the City Lease Policy is beingkdeveloped. Discussion was held regarding the total development plan as proposed by representatives of the Golden Tee Resort. They will request a water lease at a later date, and at that time the area used under the Use Permit could be 1 MINUTES - City Council Meeting April 5, 1966 PAGE SEVEN consolidated with the lease. Motion: Mayor Surfluh moved to authorize the staff and City Attorney to proceed with the preparation of a Use Permit to the Golden Tee Resort for the area speci- fied. Councilman Zinn seconded. Unanimously passed. CORRESPONDENCE: Mr. White explained briefly the services which the Engineering Grading and Contractors Association of the State of California could perform for the City of Morro Bay in the event of a disaster. He suggested the matter.be deferred to a future, agenda for approval. Mr. White read a letter from Mr. Duval Williams of the Morro- Bay-Cayucos Atomic Sea Water Reclamation Committee regarding the request and consideration to the placing of an Atomic Plant for the purpose of generating electricity and conversion of sea water in this area. 3. An invitation from the officers and directors of the Fiesta Association in San Luis Obispo inviting the City Council to participate in their parade on May 21, 1966, was presented to Council. Mayor Surfluh stated he has informed the Committee that the Council will participate. Motion: Councilman Payne moved that the correspondence be re- ceived and ordered filed. Councilman Zinn seconded. Unanimously approved. Motion: Councilman Zinn moved that we dispense with Time Reserved For Individual Action.by the Council and City Attorney. Councilman Payne seconded. Unanimously passed. ADJOURNMENT Zinn Motion: Councilman Payno moved the meeting be adjourned man 3ina seconded. Unanimously passed. Payne Meeting was adjourned at 10:40 P.M. 090197: � C. T D�WFigTh, City er Council- is CITY OF MORRO- BAY AGENDA - City Council Meeting March 22, 1966 - 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of March 8, 1966. 2. Special meeting of March 14, 1966. HEARINGS, APPEARANCES $ REPORTS A-1 Litigation Report. A-2 Financial Report. A-3 Report on request to investigate hazardous highway crossing at Hwy. 1 and San Jacinto. UNFINISHED BUSINESS B-1 Agreement for Planning Services. B-2 Bid results for used fire apparatus. B-3 Construction of improvements - Lease Sites 200 & 201. B-4 Bid results for street construction, Select System Project No. 22 (On Frontage Road - Hill to Avalon). B-5 Letter from Shell Oil Co. re: lowering of sign. B-6 Request to amend sign ordinance - Pacific Telephone Company. B-7 Letter from Peter Tomasovich regarding zoning of property on Morro Street. B-8 Request of Director of Public Works re: channel clearing of Morro Creek. NEW BUSINESS C-1 Resolution Ordering Canvass of General Municipal Election. C-2 Resolution Changing Meeting Dates in April. C-3 Letter from Supervisor Warren Dorn - County of Los Angeles re: opposition to proposed ini,tiativ.e.measure. C-4 Letter of request from Estero Gem and Mineral Club, Inc. re: 7th Annual Gem $ Mineral Exhibit. C-5 Letter re: Central Coast Highway Projects Study Committee meeting. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT Calendar 1. Council Meetings: April 5 and 19, 1966. 2. Planning Commission Meetings: April 12 and 26, 1966. MINUTES - City Council' Meeting March 22, 1966 Morro Bay Recreation Hall The regular meeting of the City Council convened at 7:35 P.M. with the pledge of allegiance. Mayor J. S. Surfluh gave the invocation. ROLL CALL: Present: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh Absent: None MINUTES: Mayor Surfluh asked that action on the minutes of the regular meeting of March 8, 1966, and Special Meeting of March 14, 1966, be deferred until the next meeting as Council has not had time to review their contents. HEARINGS, APPEARANCES AND REPORTS: A-1 Litigation Report. Mr. Kardel requested this matter be discussed later on the Agenda. A-2 Financial Report. Mr. White presented the Monthly Expenditure Report for March, 1966. MOTION: Councilman Bowen moved that the Monthly Expenditure Report for the month of March, 1966, including checks numbered 2312 through 2439 be approved. Councilman Zinn seconded. Unanimously approved. A-3 Report on request to investigate hazardous highway crossing at Highway 1 and San Jacinto. Mr. White stated on January 24, 1966, a letter was received from the Morro Union Elementary P.T.A. concerning the extension of the crossing at Highway 1 and San Jacinto. Council referred the matter to the City staff for investigation and report back to the Council. Mr. Spellacy reported his findings in conjunction with the Chief of Police who has been investigating traffic hazards and possible solutions to these problems. This crossing is hazardous and the matter has been discussed and a letter forwarded to the State citing the City's requests. A request will be made to the Division of Highways for a full freeway through the City of Morro Bay. MINUTES - City Council Meeting Page Two March 22, 1966 A-1 Litigation Report. The City Attorney reviewed the Thomas, et al law suit. A summation of the sequence of events leading up to today was given. The area being claimed by the plaintiffs was outlined and the effects on the growth and development of the Harbor were discussed. This law suit consists of 28 people claiming ownership of the built up portion from the Easterly line of the Embarcadero out to, and including a portion of the sand spit. Of dll of the law suits that the City is involved in, the Thomas action is the only one that is holding up the orderly growth and development of the Harbor area. The status of this law suit as it now exists was discussed in depth. A review was given of the law suit in which the County is attempting to regain the personal property and possession of the Harbor office. This case is being heard in the Justice Court and has now been deferred by the Court, though it is still pending. County vs. City. This law suit consists of a claim by the County to title to seven parcels of non -grant property in the Harbor area. The property in question lies north of 8th Street and on the sand spit. The current status of this case was discussed and actions taken by the City in defense of title were thoroughly re- viewed. The bed tax law suit now awaits a decision from the District Court of Appeals.- Nothing further to report at this time. Members of the City Council directed questions to the City Attorney in regards to matters relative to the aforementioned law suits. Questions were also posed by members of the audience regarding the City's actions in the Thomas law suit, and they were clarified by the City Attorney. UNFINISHED BUSINESS: B-1 Resolution No. 27-66. RESOLUTION APPROVING AGREEMENT FOR PLANNING SERVICES AND RESCINDING RESOLUTION NO. 13-66. The City Administrator stated that in February, 1966, the City Council passed the resolution approving and submitting an agree- ment for planning services to the County of San Luis Obispo for their approval. They have taken exception to the provisions of said agreement and have submitted an agreement that they have approved as to form. After review by City staff, it is recommended that the County Agreement be approved. Mr. White then read Resolution No. 27-66 in its entirety. Discussion was held by members of the Council in regards to the MINUTES - City Council Meeting March 22, 1966 Page Three services to be performed by the County Planning Director, and it was determined that in order to provide the necessary ser- vices, this agreement should be approved. MOTION: Councilman Payne moved that Resolution No. 27-66 be approved and that the Mayor be authorized to sign the Agreement. Councilman Bowen seconded. Roll call vote, unanimously passed. B-2 Bid results for used fire apparatus. The City Administrator informed the Council that a request 'for bid was submitted to five fire equipment manufacturers in accord- ance with the provisions of Purchasing Rules and Regulations. One provision in the instructions to bidders was that a value for trade-in of certain equipment that is no longer acceptable for use be included within the bid. The low bidder, Howe Fire Apparatus Company, has submitted the highest figure of $1,000 for trade-in for the two units. Subsequent to this, the action of the Council in approving the low bid, there was some indication from members of the audience that these units should be advertised for public bid. A legal advertisement was placed in a news- paper of general circulation within the City, and sealed bids were called for for the two used pieces of fire apparatus. Only one bid was received and this was submitted by Mr. Joe Giannini in the amount of $1,159.95. All conditions of the bid instructions have been met and we, therefore, submit this to the Council for their approval, review or rejection. Mr. White further recommended that this amount be applied to the purchase price of the new apparatus, and that the successful bidder for the used apparatus be advised that delivery could not be made until the new truck has been delivered, and that he also be advised that State law will prohibit transfer of title of these used trucks equipped with red light and siren. Comments were made by Mr. Hugh Case and Mr. Al&en Boren regarding the sale of the used fire apparatus. Mr. White clarified the rea- suns for replacing this equipment for the benefit of those present. MOTION: Councilman Zinn moved to accept the bid of Mr. Joe Giannini in the amount of $1,1S9.9S for the two used pieces of fire apparatus, transfer of title to be made on delivery of the new fire truck. Seconded by Councilman Bowen. Passed unanimously- B-3 Construction Improvements - Lease Sites 200 and 201 Mr. White asked Mr. Kardel to report on the activities of the MINUTES - City Council Meeting March 22, 1966 Page Four Council Committee consisting of Councilmen Payne and Crass. A meeting was held by the Committee, the City Attorney and the City Administrator with the principals of Central Coast Investors. Subsequent to this meeting, a review was made of their files con- cerning the lease sites in question. It was suggested to Central Coast Investors that they appear tonight to present their develop- ment to the Council for their consideration. Dr. G. Warren Johnson, of Central COast Investors, addressed the Council and read a prepared statement on their proposal for de- velopment of lease sites 200 and 201. Members of the City Council asked questions relative to said development. Mr. Kardel reviewed the existing lease in depth to bring before the Council the legal problems involved in resolving the problems of Central Coast Investors. Discussion was held by members of the City Council, the principals of Central Coast Investors and City staff relative to procedures to be followed to expedite this matter. The City Attorney further recommended to the Council that, after discussion, this matter be again referred to the Committee and City staff, and that within a two week period the proper documentation be made so that it can be acted upon at an early date. MOTION: Mayor Surfluh moved that the Council Committee and City staff prepare their recommendations for submission to the City Council for the next regular meeting. Motion seconded by Councilman Bowen. Unanimously passed. RECESS: 9:40 P.M, RECONVENED: 9:47 P.M. B-4 Resolution No. 28-66. RESOLUTION AWARDING CONTRACT FOR STREET C TRU ION SELECT SYSTEM PROJECT NO. 22 On January 25, 1966, Council approved plans and specifications for the construction of improvements on the frontage road in the vicinity of Avalon Street. This project was duly advertised for bid and the low bidder is R. H. Beecham, General Contractor, for the amount of $6,319.50. Project will be paid for in part by gas tax funds. Mr. White read Resolution No. 28-66 in its entirety. MOTION: Councilman Zinn moved that Resolution No. 28-66 be approved and that the Mayor be authorized to sign the contract. Councilman Bowen seconded. Roll call vote, unanimously passed. MINUTES - City Council Meeting March 22, 1966 Page Five B-5 Letter from Shell Oil Company regarding lowering of sign. Mr. White read letter dated March 8, 1966, from R. W. Lowe, Sales Supervisor of Shell Oil Company, whereby they propose to lower their sign 20 feet to a height of 54 feet above the ground. This matter has been submitted to the Planning Commission, and they have recommended to the Council that this proposal be accepted. They further recommend that a letter be directed to Shell Oil Company expressing appreciation on behalf of the City for Shell's efforts in lowering the sign to a more reasonable height. Mayor Surfluh entertained a motion that a letter of authorization to lower said sign be issued to Shell Oil Company, and that we express our appreciation for their considerhtion of our request. MOTION: Councilman Zinn so moved. Seconded by Councilman Payne. Unanimously approved. B-6 Request to amend sign ordinance - Pacific Telephone Company Mr. White stated this is a letter request from the Pacific Telephone Company regarding signs and it has been submitted to the Planning Commission for study and review. Recommendations from the Planning Commission are pending. B-7 Letter from Peter Tomasovich regarding zoning of property on Morro Street. Mr. Tomasovich's letter was read to the members of the Council. Mr. White reviewed the sequence of events leading to this request that subject property be rezoned from R-3 to commercial. Members of the Council reviewed the facts relating to the rezoning of pro- perty adjacent to that of Mr. Tomasovich and the procedures that had been followed. Members of the City staff commented on the provisions of existing ordinances that relate to the current use of the subject property. After a lengthy discussion, Councilman Zinn stated that he felt no decision should be made at this time, and suggested that this matter be deferred to a later meeting after each individual council- man has had a chance to view the property. Mayor Surfluh asked that each councilman make it a point to view subject property and directed that this matter be placed on the Agenda for the next regular meeting of the City Council. B-8 Request of Director of Public Works regarding channel clearing of Morro Creek. Mr. Spellacy was called upon to review the conditions as they exist MINUTES - City Council Meeting March 22, 1966 Page Six in the channel of Morro Creek between Highway 1 and the ocean. Many problems have been encountered in the past due to the condition of the existing channel across the sand dunes and the extensive wind erosion that occurs and obstructs the channel. Mr. Spellacy recommended that in order to alleviate this problem, the channel of Morro Creek will have to be designed and some method of stabilizing the channel should be arrived at. On contact with Robert Born, County Hydraulic Engineer, we have been advised that the best course of action to follow would be through the County Flood Control District. Mr. Spellacy re- quested that he be authorized to negotiate with Mr. Born's office to determine the most feasible course of action to follow. Immediate measure have been taken to stabilize the channel by sand -bagging a portion of the stream bed. This is, however, only an interim solution to the problem, as an extremely high tide could change the course of the stream, as could drifting sand. MOTION: Councilman Bowen made the motion that the Director of Public Works be authorized to work with the County Flood Control District to arrive at a possible solution to the flooding condition and channel con- tTol on Morro Creek. Seconded by Councilman Zinn. Unanimously approved. NEW BUSINESS: C-1 Resolution No. 29-66. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 12th DAY OF APRIL, 1966, TO BE MADE BY THE CITY CLERK OF THE CITY OF MORRO BAY. Mr. White stated that this resolution is required if the Council wishes to authorize the City Clerk to canvass the ballots of the forthcoming General Municipal Election. Resolution No. 29-66 was read in its entirety. MOTION: Councilman Zinn moved that Resolution No. 29-66 be approved. Councilman Crass seconded. Approved unanimously. C-2 Resolution No. 30-66. RESOLUTION CHANGING DATES F CITY COUNCIL MEETINGS FOR APRIL, 1966. The City Administrator stated that the regular City Council meeting scheduled for April 12, 1966, would conflict with the date of the' General Municipal Election, and that the Council is required to meet on April 19th to seat the newly elected members. Therefore, it would be in the best interest of the Council to exchange meeting dates for the month of April with the Planning Commission. MINUTES - City Council Meeting March 22, 1966 Page Seven MOTION: Councilman Payne moved that Resolution No. 30-66 be approved. Councilman Crass seconded. Roll call vote, unanimously approved. C-3 Resolution No. 31-66. RESOLUTION OPPOSING PRO- POSED CONSTITUT ONAL INITIATIVE TO LEGALIZE MANUFACTURE, SALE, PURCHASE, POSSESSION AND TRANS- PORTATION OF MARIJUANA. Mr. White reviewed letter dated March 11, 1966, from the County of Los Angeles Board of Supervisors whereby they request this Council adopt a resolution opposing the manufacture, sale, pur- chase, possession and transportation of Marijuana. Mr. White then read Resolution No. 31-66 in its entirety. MOTION: Councilman Bowen moved Resolution No. 31-66 be adopted. Councilman Zinn seconded. Roll call vote, unanimously approved. C-4 Letter of request from Estero Gem and Mineral Club, Inc. regarding 7th Annual Gem $ Mineral Exhibit: This request is to place directional signs at various locations throughout the City directing visitors to the Annual Gem and Mineral Show. This matter was placed on the Agenda as informa- tion only, and the necessary permits may be granted by the Department of Public Works. C-S Letter regarding Central Coast Highway Projects Study Committee Meeting, to be held on Thursday March 3, 1966, at the Madonna Inn. It is recommended that the City make a presentation for the possible extension of Highway 41 from its junction with Highway 1 to the Embarcadero. Also to request that the Expressway from Atascadero Road to the northern City limits be converted to a full Freeway status, with the installation of over -passes at Indigo and Yerba Buena Streets. It is felt that this would eliminate the many hazards to pedestrians and traffic on the State highway through the City. Mayor Surfluh and Councilman Bowen indicated they will attend the meeting. Mr. White stated that proper maps and material will be made available, and the City Engineer will make the presentation. C-6 Resolution No. 32-66. RESOLUTION ADOPTING AND SUB- MITTING A B D R EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES, S. S. PROJECT NO. 24 The City Administrator referred to the actions of the Council at the last regular meeting whereby plans and specifications for construc- tion of S. S. Project No. 24 were approved. Due to a change in right-of-way widths, it is now necessary to resubmit a budget for MINUTES - City Council Meeting March 22, 1966 Page Eight allocation of State funds for the construction of this project. This change consists of making the proposed new construction meet the existing curb line. Mr. White read Resolution No. 32-66 in its entirety. MOTION: Mayor Surfluh moved that Resolution No. 32-66 be approved. Councilman Crass seconded. Roll call vote, unanimously approved. OTHER BUSINESS: Information was presented to the Council on the need for certain maintenance work to be done on the older portion of the wastewater treatment plant. City forces have just completed cleaning and re- conditioning the secondary settling tanks, and the older portion of the plant should be ready for use during the coming summer months. In the course of reconditioning the tanks, we have found that the chains required in the operation of the settling tanks are severely worn and in need of replacement. Quotations were requested from several companies who manufacture chain, and we have determined tht only the original supplier will be able to meet the specifications of the existing chain and drive gears. We cannot, therefore, go to a public bid procedure to make this needed replacement. If we did choose to go to bid, we would also have to change all of the drive gears and the cost would be prohibitive. This matter was presented for the information of the Council as this is the first time we have had to deviate from the provisions of the Purchasing Ordinance. CORRESPONDENCE: 1. Letter dated March 17, 1966, from San Luis Obispo County Flo6d Control and Water Conservation District with attached letter dated March 15, 1966, concerning cost details of the proposed desalter which the Department is considering in connection with its study of a nuclear power plant. 2. Letter received March 10, 1966, from Pacific Telephone and Telegraph Company regarding proposed revisions in the tariffs under which service is provided. 3. Letter dated March 8, 1966, from the Comptroller of the State of California regarding apportionment of Trailer Coach fees. MINUTES - City Council Meeting March 22, 1966 Page Nine 4. Letter dated March 14, 1966, from the City of Corcoran regarding Resolution No. 557, expressing support and devotion to members of the Armed Forces fighting in Viet Nam. MOTION: Councilman Zinn moved the correspondence be received and ordered filed. Councilman Payne seconded. Unanimously approved. ADJOURNMENT: MOTION: Councilman Bowen moved the meeting be adjourned. Councilman Payne seconded. Unanimously approved. Meeting adjourned at 10:55 P.M. RECORDED BY: 0 Q �TED WHITE, City Clerk f ' .1 March 10, 1966 NOTICE OF SPECIAL MEETING The Morro Bay City Council will hold a Special Meeting on Monday, March 14, 1966 at 10:00 A. M. in the City Hall to consider the following matter:. 1. Selection and appointment of one Planning Commissioner. Q J. lt-� S. Surfluh, ayor ty of Morroay Copies to: The Sun . Telegram Tribune KATY RADIO KSLY •RADIO KVEC RADIO KSBY TV Posted at M. B. City Hall 0 CITY COUNCIL MINUTES Special Meeting, March 14, 1966 City Hall - 10:00 AM Meeting called to order at 10:13 AM. ROLL CALL Present: Councilmen Crass, Payne, Zinn and Mayor Surfluh Absent: Councilman Bowen Purpose of this meeting is to appoint a Planning Commissioner. Discussion held relative to person who might serve. The following names were presented: Mayor Surfluh: Stanley Dolezal and Clarence Connors Councilman Payne: Jerome Furlong, Jim Froggatt, George Keenan Council Zinn: Ken Jacobs Councilman Bowen arrived at 10:30 AM. Mayor Surfluh reviewed earlier discussion for Mr. Bowen's benefit. Those named who have indicated they would be willing to serve are: Stanley Dolezal Jerome Furlong Ken Jacobs Motion: Councilman Payne moved to consider the three individuals above named. Councilman Bowen questioned the validity of a seven man commission and suggested we consider a five man commission. Motion seconded by Councilman Zinn. Passed unanimously. Motion: Councilman Zinn moved that a written ballot be used. Seconded by Councilman Payne. Passed unanimously. First ballot indicated the following: Stanley Dolezal: 3 Jerome Furlong: 1 Ken Jacobs: 1 Mayor Surfluh entertained a motion to appoint Stanley M. Dolezal to fill the vacancy on the Planning Commission. Motion: Councilman Crass moved to appoint Stanley M. Dolezal to fill the vacancy on the Planning Commission. Seconded by Councilman Bowen. Passed unanimously. City Administrator is to contact Mr. Dolezal•to inform him of his appointment. Oath of office to be given on Tuesday, March 15 at the Planning Commission meeting. CITY COUNCIL MINUTES Special Meeting, March 14, 1966 PAGE TWO Councilman Payne excused himself at 11:30 AM due.•to a prior commit- ment. Discussion was held relating to the interest of the Morro Bay Chamber of Commerce in hiring a professional chamber manager. Motion: Councilman Zinn moved to adjourn meeting. Seconded by Councilman Bowen. Passed unanimously. Meeting adjourned at ll:50 AM. RECORDED BY �Ied White, city Clerk 0 CITY OF MORRO BAY AGENDA - City Council Meeting March 8, 1966 - 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES Regular meeting of February 8, 1966. Special meeting of February 18, 1966. HEARINGS, APPEARANCES & REPORTS A-1. Appearance and report of Recreation Study Group. A-2. Litigation Report. A-3. Financial Report. UNFINISHED BUSINESS B-1. Request for assignment of lease - Wm. Wilson. B-2. Street names and numbers. B-3. Approving of Change Order No. 3, City Hall Addition. B-4. Resolution re: Notice of Completion, City Hall Addition. B-5. Request of Anna K. Jones for removal of tree. B-6. Request of A. G. Espinosa and R. R. Long forremovalof'tree. B-7. Request for budgeted funds from Chamber of Commerce. B-8. Resolution Accepting Deed and Authorizing Recordation. B-9. Resolution Approving Roadway Maintenance Agreement with the County of San Luis Obispo. NEW BUSINESS C-1. Request of J. P. Lapp to install improvements on Lease Site 144W. C-2. Request of Wm. Casper, agent for Regal Sea Food Company, to permit installation of improvements to lease Sites: C-3. Resolution Expressing Appreciation to Future Farmers of America of Morro Bay High School. C-4. Submission of bids for fire apparatus. C-5. Letter of request from San Luis Obispo County Economic Opportunity Commission. C-6. Letter of request from Director of Environmental Sanitation, County of San Luis Obispo. C-7. Request approval of plans and specifications for installation of fender piles on Morro Bay City Pier. C-8. Request approval of plans and specifications for construction of street improvements on Sth Street, 6th Street to Highway 1. C-9. Request for use permit to conduct Easter Sunrise services at Morro Rock. C-10. Letter from Elks Lodge inviting participati6n in Ybuth in Government Day, May 2, 1966. CITY OF MORRO BAY AGENDA - City Council Meeting March 8, 1966 - 7:30 PM Morro Bay Recreation Hall TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT Calendar 1. Council Meetings: March 22 and April 12, 1966. 2. Planning Commissi6n Meetings: March 15 and April S, 1966. • MINUTES - City Council Meeting March 8, 1966 Morro Bay Recreation Hall The regular meeting of the City Council convened at 7:37 P.M. with the pledge of allegiance. Mayor Jack Surfluh gave the invocation. ROLL CALL Present: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh. Absent: None MINUTES Mayor Surfluh entertained a motion that the reading of the minutes of the regular meeting of February 8, 1966, and special meeting of February 18, 1966, be dispensed with. Motion: Councilman Zinn moved that the reading of the minutes of February 8, 1966, and special meeting of February 18, 1966, be dispensed with. Councilman Payne seconded. Unanimously approved. Mayor Surfluh then asked if there were any changes or deletions. ' There being none he then entertained a motion to approve the minutes as written. Motion: Councilman Payne moved that the minutes of the regular meeting of February 8, 1966, and special meeting of February 18, 1966, be approved as written. Councilman Bowen seconded. Unanimously approved. HEARINGS, APPEARANCES AND REPORTS A-1 Appearance and report of Recreation Study Group. Mrs. Lila Keiser, Chairman, reported on the findings of the Morro Bay Recreation Study Group, outlining in detail the needs and aims for a recreation program within the City of Morro Bay. Recommendations of the Committee are the hiring of a full time director; the adoption of a recreation ordinance; the establishment of a five man recrea- tion commission with a high school student as an ex-officio member. on school recreation programs and student desires. Mayor Surfluh then commended the Committee on their report stating a good start has been made in the development of a recreation program and the City will do everything possible to expedite this matter, however, it will require some study as funds are not available this year and the program will have to be budgeted for in the coming year. He then recommended a study be made by the City Staff and two members of the Council and a report made to the City Council. Councilman Payne stated he felt this matter should be included in the budget study as to whether it would be feasible to initiate this next year. Motion: Councilman Payne moved the report of the Morro Bay City Recreation Study Group be included in the study of the forthcoming budget. Councilman Zinn seconded. Unanimously approved. MINUTES - City Council Meeting March 8, 1966 PAGE TWO Mayor Surfluh then appointed Councilmen Payne and Bowen to study this report and make recommendations to the City Council. A-2 Litigation Report. Sometime ago, the City filed an action in the Justice Court in Morro Bay designed to obtain possession of the Harbor Office and to obtain the Harbor files as they existed without any deletions. This was readily accomplished. However, the County escalated the action through filing against the City a Cross -Complaint following which there were hearings and proceedings in the Morro Bay Justice Court. Subsequent to the hearings and proceedings, the County filed a suit in the Superior Court in San Luis Obispo against the City. This suit involves many of the same questions raised in the suit in the Morro Bay Justice Court. An attorneys job is to present his clients case in the manner which will best serve his client while, at the same time, being honest and forthright. Thus, the City would be interested in pursuing the action of the Justice Court which it originally filed whereas the County would be interested in pro- ceeding in the Superior Court in the action which it filed in that Court. After careful analysis, the City attorneys concluded that the expenses which would be incurred in the future to procede with the Morro Bay Justice Court probably would be disproportionate to the advantages to be gained by the City. Therefore, the City attorneys proposed to the District Attorney that the Justice Court suit be stopped until such time as a decision is made in the suit filed by the County against the City in the Superior Court. This would eliminate one of two law suits at considerable savings to both governmental entities. The Judge in the Justice Court, Judge Jensen of Solvang, accepted this suggestion. The County rejected it. The question is now before the Superior Court in San Luis Obispo. Possibly this will be resolved in Court next Monday. The hearing had been scheduled for today, but at the request of the County, the hearing was delayed for another week. On 1 3/4 pages the City simply stated the Circumstances of its offer to stop one of these law suits. It is our position and our judgment that this would be pru- dent, both for the City and for the County. Nevertheless, evidently the County objects in that this would leave us in possession of the Harbor Office and of the Harbor files pending determination of the other suit. Today we were in Court in San Luis Obispo regarding the litigation with the County on the non -grant property. The City took possession of and has administered the non9grant property since May 14, 1965. This was done following approximately ten months of urgings by the County for the City to do so. Approximately four months subsequent to the City's taking possession and administration of the non -grant properties, the County approved of that act. However, subsequently the County concluded that its position was erroneous and that the City's conduct in taking possession and administration also was erroneous. The City attorneys argued to the Judge that the County should not now be permitted to question the validity of the action because of its efforts to get the City to take the action following many, many months. The City also objected to the absence of what it MINUTES - City Council Meeting March 8, 1966 PAGE THREE believed to be uncertainties in the Complaint of the County. The Deputy District Attorney stated that the County would be willing to change the Complaint for the sake of clarity. Tomorrow the court proceedings will continue with the Judge listening to the"City's request for all of the information which the District Attorney has regarding the Thomas matter. This re- quest is being resisted. The City has filed interrogatories or questions regarding the matter with respect to which the City would like answers. The objection by the County has been that the expense involved would be unreasonable. One of the objections cites a cost of $36,000.00 which represents the approximate salary of a Deputy District Attorney for 3-1/2 years. Next week the hearings will continue with the Thomas, et al suit being involved. This is a most unfortunate suit in that it is between the City add many of its citizens. However, this suit is one which the City has inherited from the County and which it is bound to defend. One of the questions before the Court will be the City's Demurrer which has previously been reviewed. Also considered will be a Motion to Strike based upon two facts. The one is that many of the plaintiffs allegedly agreed to a property line a number of years ago which is the Easterly line of the Embarcadero. The other fact is that many of the plaintiffs are leasing the property they now claim to own. This is inconsistent with ownership of the property. Pursuant to the Councils' instructions, we have worked diligently on the Thomas action to bring it to a conclusion as quickly as possible consistent with protecting the public interested. At this point, the plaintiffs in that action may be amenable to a settle- ment conference. If so, the Council should consider meeting with all the plaintiffs or their representative to ascertain what areas of agreement may exist as well as the areas of disagreement. This may reduce the area of conflict as well as may lead to one or more of the plaintiffs settling with the City. If such a meeting is to be held there will be questions of time, date, place and other questions which must be resolved. For example, should the meeting be public or private? Should all of the Council members or a member or committee of the Council meet with the plaintiffs? A Chairman may be in order who would control the proceedings. We suggest that if this seems reasonable to the Council that a committee of the Council be appointed to study the matter, confer with some of the plaintiffs and then make recommendations at the next Council meeting as to how such a meeting could be held. Councilman Zinn asked what the response had been regarding the Demand for Undertaking. Mr. Kardel responded that a deposit of $200.00 to protect the City on recoverable costs and $200.00 to pro- tect the State of California had been made. Also, the pleadings which the City had filed in the Thomas action were adopted virtually word for word by the State of California through the Attorney Generals office. This includes the Demand for Undertaking, Demurrer and Motion to Strike. We are optimistic that the Judge will in-' crease the amount of the bond or deposit to protect these govern- mental entities and to test the sincerity of the plaintiffs in the action. E MINUTES - City March 8, 1966 PAGE FOUR Council Meeting Mayor Surfluh stated in order to expedite this matter he would appoint Councilman Crass and Councilman Bowen to serve as a sub- committee to report back to the Council at the next meeting on the possibility of meeting with the plaintiffs to ascertain if areas of agreement may exist. A-3 Financial Report. Mr. White presented the Monthly Expenditure Report for February, 1966. Motion: Councilman Zinn moved that the Monthly Expenditure Report for the Month of February, 1966, including checks numbered 2114 through 2311 be approved. Councilman Bowen seconded. Unanimously approved. UNFINISHED BUSINESS Mr. Kardel stated his report on the Wilson lease would be quite lengthy, therefore if the Council wished, the next item on the Agenda could be discussed at this time. B-2 Resolution No. 17-66. RESOLUTION ADOPTING A SYSTEM OF STREET NAMES AND NUMBERS. Mayor Surfluh said this matter has been discussed by the Council at two public hearings and by the Planning Commission at two public hearings. Mr. White reviewed the recommendations of the Planning Commission stating the Council referred this matter back to the Commission who went over the matter in depth and there were quite a few interested, people who appeared to comment on the street name changes proposed by the Council. He then presented two petitions; one signed by 22 residents residing at one common address on Cabrillo Street, and one signed by businessmen on Main Street and other interested citizens. He advised that the Telephone Company is particularly interested due to the deadline date of June 15th for listings in the directory. Signs will be prepared covering commercial and major thoroughfares first and all residents will be notified by the Depart- ment of Public Works as to name and numbers as they apply. The Council has tentatively approved Main Street, however, the Commission favors Cabrillo. Councilman Payne noted seven streets have yet to be agreed upon. Councilman Zinn then reaffirmed his position regarding the retention of Arcadia Street, Morro Avenue and Piney Way. Motion: Councilman Zinn moved to retain the names of Arcadia Avenue, Morro Avenue and Piney Lane. Councilman Payne seconded. Unanimously approved. MINUTES - City Council Meeting March 8, 1966 PAGE FIVE Motion: Councilman Payne moved to change 7th Street to Dunes and 8th Street to Beach. Mayor Surfluh seconded. Unanimously approved. Main Street or Cabrillo Avenue was discussed in depth. Motion: Councilman Zinn moved to retain Main Street running the full length of the City. Councilman_Bowen seconded. Unanimously approved. Mr. White then read Resolution No. 17-66 in its entirety. Motion: Councilman Crass moved Resolution No. 17-66 be adopted. Councilman Payne seconded. Roll call vote, unanimously approved. B-1 Request for assignment of lease - Wm. Wilson. Mr. White stated this matter was assigned to a committee of the City Council to work with the City Attorney, who had been working with subject's attorney, and today the two attorneys arrived at some solution. Mr. Kardel stated this evening is important, not only to the people involved, the Wilsons and the Andersons, but to others in the Harbor who may from time to time come to the City for a sublease approval. Therefore it is well that Council, in its entirety, consider its situation in relation to the Wilsons and Andersons. As the City Administrator stated, we have approached this matter, on direction of the City Council, from a standpoint of courtesy and consideration of these lessees. We have consulted with Councilmen Crass and Payne, Who in turn have discussed the matter with the Wilsons and the Andersons. We have discussed it,with the Attorney for the parties involved. A number of conferences have been held,the last one this morning, up to the time we went into Court on another matter. It was approached on the basis that we, as a governmental entity, have the duty of protecting the public interest, yet at the same time we don't have the right to simply prepare a document stating that this is the way things are and you can either take it or leave it. We have answered the questions of the Wilsons and Andersons. We placed it in draft form and submitted it to their attorney for review, and this we will review this evening and it can probably be finalized. It is then again a matter of courtesy and consideration for these people that the document should be presented to them again for in- spection and acceptance. The City of Morro Bay has a responsibility to the State of California in administering of the State granted tidelands. They have conducted an investigation of our handling of the Harbor since incorporation and have found that we have done a good job. We wish to continue it that way. We realize that Morro Bay is going to continue this re- lationship of subdominant rule only so long as the State Authorities respect us for the quality of our work in taking care of the Harbor. We do not have a position of political power that is going to permit us to hold onto this trust. This is why we must consider being again reviewed by the State. We will continue our administration only based on our good work. The City Attorneys have a considerable de- MINUTES - City Council Meeting March 8, 1966 PAGE SIX gree of empathy.with the lessees in that we are continually dealing with other governmental entities on behalf of private parties. Mr. Kardel then went through the Agreement, section by section. Councilman Zinn asked, how near is the agreement to signing, do we just need Council determination? Mr. Kardel replied, if this is the Council's feelings, there are three things to consider: a. Approve and acknowledge the sublease and that these are the people the City would be willing to deal with. b. That any existing default be cured before the City signs any sublease agreement. c. Sublease agreement to be signed as delineated by me this evening, subject to Council approval. Councilman Payne stated if the parties here tonight wish to make a statement, now is the opportunity to do so. Mr. Anderson stated the matter was well covered in a meeting with the lessee and that they are in agreement with everything as out- lined, however, they would like to be a party to any meeting with the lessee on the leased property. They would be agreeable to the decision of the Council. Mr. Kardel then reviewed the proposed agreement answering questions relating to specific sections. Discussion was held at length on the various sections of the proposed Agreement. Conclusions reached and to be so specified in this sublease agreement, and subsequent subleases, were as follows, each section relating to the same numbered section as set forth and reviewed by the City Attorney: Section 1. Lease to be based on that lease signed in March of 1961. Section 2. The parties to this lease, the City, the Lessee and Sub- lessee, to recognize, by written agreement, that the City now is substituted to ownership interest in the property and to the rights and lawful obligations of the County. Section 3. Term of sublease to be three years. Section 4. The lease fees to be paid to the City from the date of incorporation and, in the event the Courts determine that these monies should have been paid to someone else, then the City will so disperse these funds to the other party. Section S. Notice of default to be given the lessee with ten days notice to correct said default. The lessee to be re- sponsible for any violations of the lease either by them- MINUTES - City March 8, 1966 PAGE SEVEN Council Meeting selves or the sublessee. Section 6. The sublessee to agree to abide by the terms of the lease. Section 7. In the event any modification to the existing lease is to be made, the sublessee is to be notified and per- mitted to act as observer in the sessions. Section 8. The lessee to keep the City informed as to their current mailing address. Section 9. The sublessee to agree that they will not assign, sub- lease or transfer their interest without consent of the City. Section 10. The lessee and sublessee to agree that by virtue of their relationship as lessee and sublessee, that this in no way places them in any better position with the City or State than any other lessee in the Harbor area, and that the lessee must comply with all terms and conditions of the existing lease prior to approval of the sublease by the City. Motion: Councilman Payne moved that the City accept Mr. and Mrs. Anderson as sublessees. Councilman Zinn seconded. Unanimously approved. Motion: Councilman Zinn moved that existing defaults be cured before the City signs any agreement. Councilman Crass seconded. Unanimously approved. Motion: Councilman Zinn moved that the sublease be approved subject to the terms and conditions set forth at this meeting. Councilman Payne seconded. Unanimously approved. Mr. Jack Youngs, Realtor, stated he had several subleases or•leases to be resolved and asked what procedures should be followed. Mr. Kardel stated the problem of subleases is solved and the Council is now talking about policy on the assignment of leases. When you have a responsible party that presents himself and wants to do busi- ness on the waterfront, the Council is willing to give the request every consideration. I would suggest you come in and make a sub- mission on any proposal you may have. By the action tonight, there is a good deal of policy established. We are in a fortunate position in that we have a good reputation for being particular and we believe that we are going to find the State will defer to us because of that fact; being able to document what we are doing and why we are doing it. Mr. Youngs stated if something concrete can be established then we can talk to our clients. MINUTES - City Council Meeting March 8, 1966 PAGE EIGHT Mr. Kardel replied that we do not have procedures to follow on leases, subleases and assignments, that are printed and can be handed out. We are currently working on two recommendations for lease document agreements so that a lease is merchantable and so that we can deal effectively with it. In dealing with an individual the Council knows the problems of running a business. We are working on titles to the Harbor property and will establish the property lines. Three or four surveys show different property lines. They should be reasonable so that title policies can be issued. These are the things we feel that are incumbent on any ownership of the property and this is what the City is trying to do on the Harbor property. We are working on it, and are meeting weekly on Harbor leases and management, so come in when you have a problem and we will make every effort to assist you. B-3 Resolution No. 18-66. RESOLUTION APPROVING CHANGE ORDER ADMINISTRATION BUILDING ADDITION. Mr. White discussed Change Order No. 3, commenting on reasons for changes and noting applicable credits given. Mr. White read Resolution No. 18-66 in its entirety. Motion: Councilman Bowen moved that Resolution No. 18-66 be approved. Mayor Surfluh seconded. Roll call vote, unanimously approved. B-4 Resolution No. 19-66. RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETIOR OF CONSTRUCTION OF ADMINISTRATION BUILDING ADDITIONS AND APPURTENANT FACILITIES. Mr. White advised that in order to receive final payment, work must ordinarily be 100% complete. However, in this instance there are two appliances, a drinking fountain and kitchen unit which have not been received and the contractor is willing to put up a cash bond in the amount of the two appliances and labor to install the same. This is the recommendation of the City Staff as the building has been in- spected and final approval given by the Architect and Building In- spector. Mr. Kardel was then asked for a ruling as to the legality of issuing a notice of completion upon receipt of a cash bond in lieu of actual installation. He replied in the affirmative. Mr. White then read Resolution No. 19-66 in its entirety. Motion: Councilman Zinn moved Resolution No. 19-66 be approved. Councilman Bowen seconded. Roll call vote, unanimously approved. Motion: Councilman Zinn moved that the City accept a cash deposit in lieu of the two appliances until they are received and installed. Councilman Payne seconded. Unanimously approved. B-5 Request of Anna K. Jones for removal of tree. Mr. White stated Mrs. Jones appeared before the Council regarding this • MINUTES - City March 8, 1966 PAGE NINE Council Meeting tree and was informed of the City's tree removal policy, Resolution No. 19-65. The Director of Public Works, on February 21, 1966, in- formed her as to the necessary steps to be taken. To date there has been no response from Mrs. Jones. Since this is a pine tree lying within the City right-of-way, it was recommended that the Department of Public Works place the tree in a safe condition. Motion: Councilman Payne moved that the Public Works Department put this tree in a safe condition. Councilman Crass seconded. Unanimously approved. B-6 Request of A. G. Espinosa and R. R. Long for removal of Tree. Mr. White stated a letter was received from A. G. Espinosa and R. R. Long regarding a tree on City right-of-way on Kern Street. Mr. Espinosa was informed of the City's tree removal policy, Resolution No. 19-65 and requirements regarding petition and removal. Mr. White then read a letter received from Mr. Espinosa. The tree, a pine, is in need of certain pruning and shaping and it is recommended that the Department of Public Works do the necessary pruning and put the tree in a safe and orderly condition. Motion: Councilman Payne moved that the Public Works Department put this tree in a safe condition. Councilman Bowen seconded. Unanimously approved. B-7 Request for budgeted funds from Chamber of Commerce. Mr. White stated two letters have been received from the Chamber of Commerce regarding funds budgeted for the Chamber for 1965-66. $6,000.00 was allocated for the year and there is a balance of.$860.00 which is to be paid at this time in conformance with the agreement entered into between the City and the Chamber. The Chamber was re- quested to submit an itemized claim and they have complied. Mr. White reviewed the itemized statement. Minute Order called Motion: Councilman $860.00 ba Councilman B-8 Resolution STR SAN LUIS 0 for to meet the requirements of the agreement. Payne moved that the City Council allocate lance due for the budget of the Chamber'of Commerce. Bowen seconded. Unanimously approved. No. 20-66. RESOLUTION ACCEPTING DEEDS FOR THE R�ANIFMONTE YOUNG PARK FROM THE COUNTY OF BISPO. Mr. White advised that some -months ago a request was submitted to the County whereby a transfer of parks could be made by signing an agree- ment that a park area would always be maintained within the City of Morro Bay equal in site to the existing parks. The County has signed the agreement and has issued a Quitclaim Deed for the property. It is now in order to authorize acceptance of the Deed and authorize recordation. MINUTES - City Council Meeting March 8, 1966 PAGE TEN Mr. White read Resolution No. 20-66 in its entirety. Motion: Councilman Zinn moved that Resolution No. 20-66 be adopted. Councilman Payne seconded. Roll call vote, unanimously approved. B-9 Resolution No. 21-66. RESOLUTION APPROVING ROADWAY A A—G—RTERITT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF MORRO BAY AND RESCINDING RESOLUTION NO. 137-65. Mr. White advised this relates to a prior agreement submitted to the County in October, 1965, whereby the City would maintain a portion of County Road on the Morro Bay-Baywood Park Road and the County would maintain an equal portion lying within the City Limits. The District Attorney took exception to the prior agreement and this agreement has been resubmitted to the City. This agreement has been approved by the City Attorney and City Staff and was discussed in depth noting changes and the addition of a termination clause. Mr. White then read Resolution No. 21-66 in its entirety, stating the City has advertised for bids for maintenance and have been held up because of the lack of an agreement, however, some maintenance has been performed with no extensive repairs having been made. Motion: Councilman Payne moved that Resolution No. 21-66 be approved. Mayor Surfluh seconded. Unanimously approved. Motion: Councilman Payne moved for a five minute recess. Council- man Crass seconded. Unanimously approved. RECESS: 9:45 P.M. RECONVENED - 9:50 P.M. NEW BUSINESS C-1 Request of J. P. Lapp to Install Improvements on Lease Site 144W. Mr. White read letter dated February 28, 1966, from J. P. Lapp, General Refrigeration Service Company regarding Lease Site 144 and 144W. Mr. Lapp wishes to install improvements on a portion of the undeveloped area of his lease. This use as proposed is in confor- mance with the trust purposes and the City cannot issue a permit until Mr. Lapp receives permission from the Council under the exist- ing lease. Mr. Lapp wishes to extend the dock to cover the remaining half of Lease Site 144W and to erect a modern steel store building on a portion of the new dock. He intends to meet all requirements of the Building Code. Mayor Surfluh stated that this is a steel building and it is to be used to repair and display engines. The use is the same as that existing and the area is in good shape, therefore, there should be no problems. MINUTES - City March 8, 1966 PAGE ELEVEN Council Meeting Councilman Payne feels that if Mr. Lapp is visions of the existing lease and meets the should be no reason to hold up the request. covered under the pro - building code, there Motion: Councilman Payne moved that this request be approved with the condition that Mr. Lapp meet the existing lease re- quirements and the Building Code. Councilman Bowen seconded. Unanimously approved. C-2 Request of Wm. Casper, Agent for Regal Sea Food Company, to Permit Installation of Improvements to Lease Sites 129 to 130 and 129W to 130W. Mr. White stated that by letter dated March 7, 1966, Regal Sea Food Company requested permission to construct an office and storage building on Lease Sites 129 - 130, and 129W - 130W. They now oper- ate under an annual Use Permit, not a lease, at $100 per month. The improvements would be of a permanent nature, but movable, so that when the dock requires improvement this particular building can be moved. The small office building will be constructed in conformance with the building and safety codes and hooked up to the City sewer and water. The City can find no objection to this request as it will improve the area and they will be able to better handle the loading of trucks which has been a problem in the past. There is no objection as far as operational functions are concerned under this particular Use Permit. Mr. Kardel advised that if Regal Sea Food Company complies with the Use Permit and Building Code, they can proceed. Mr. White then stated that under the provisions of a Use Permit any additions or alterations are subject to City Council approval. On review of the proposal, we find that this would definitely up -grade the property now held under the Use Permit. Motion: Councilman Payne moved that this request be approved as long as Regal Sea Food Company meets the conditions of the existing Use Permit and complies with the Building Code. Councilman Bowen seconded. Unanimously approved. C-3 Resolution No. 22-66. RESOLUTION EXPRESSING APPRECIATION 0 THE MORRO BAY FUTURE FARMERS OF AMERICA OF THE MORRO BAY HIGH SCHOOL. Mr. White stated the City has been contacted by the Morro Bay Future Farmers of America regarding an area they could use to devote to a community service project. They chose the new City Hall Addi- tion. He then displayed a drawing by the Morro Bay Art Class showing proposed plantings of Hollywood Juniper and perennial blue lillies.. Mr. White then read Resolution No. 22-66 in its entirety. Motion: Councilman Zinn moved that Resolution No. 22-66 be approved. Councilman Crass seconded. Roll call vote, unanimously approved. MINUTES - City Council Meeting March 8, 1966 PAGE TWELVE C-4 Resolution No. 23-66. FIRE APPARATUS. RESOLUTION APPROVING LOW BID FOR Mr. White advised this is a standard invitation to bid sent to five bidders. Two companies responded, the low bidder being Howe Fire Apparatus Company, in the amount of $15,370.26, exclusive of Federal, State and Local taxes. Trade-ins were noted and the contract will be based on a four year lease purchase with five percent interest. Councilman Payne stated this is a budgeted item previously considered by the Council. Fire Chief Reiger then displayed a drawing of the proposed apparatus, explaining in detail its construction and use. This unit, a Patrol Pumper, is also utilized as a rescue unit and can be operated by one man in the event of a fire emergency or rescue. It is fully equipped and can operate as a separate unit and respond and control most any fire in its early stages. It is easily maneuvered and will be used for the burning of lots. Mr. Bartlow, representative of Howe Fire Apparatus Company, assured the Council this is an excellent piece of apparatus, and his company builds many similar units each year. Mr. Hugh Case addressed the Council and stated "I think at this time you should pick some citizen of this town to -look these things over first and give an opinion. It should be looked over, not by City personnel, nor the Company who is selling the equipment, but by someone else". Councilman Bowen replied stating, "in deference to our former Fire Chief, Mr. White, and present Fire Chief Reiger, who have gone over these matters very carefully with consideration for the City, it was explained to me personally, and, they have explained the necessity for this equipment to this City. I am in thorough accord with their findings. I am a layman and not an expert on fire equipment, and I agree you should go where expert advice is provided; which the Council has done". Mayor Surfluh replied this matter has been thoroughly considered and the Council is in favor of purchasing the equipment.as justification and reasons are valid. The equipment is needed and should be pur- chased. Mr. Case then stated he felt the Council had given this due considera- tion. Mr. Gianini asked about the differences on the trade-in on the two bids, and whether the trucks could be purchased by a private individual. Mr. White explained the difference, stating the trucks can be pur- chased by private individuals and if Mr. Gianini knows of anyone who might be interested the City would appreciate knowing about it. Mr. White then real Resolution No. 23-66 in its entirety. Motion: Councilman Crass moved that Resolution No. 23-66 be approved. Councilman Payne seconded. Roll call vote, unanimously approved. MINUTES - City Council Meeting March 8, 1966 PAGE THIRTEEN C:5 Letter of request from San Luis Obispo County Economic Opportunity Commission. Mr. White read letter dated February 18, 1966, from the Economic Opportunity Office, requesting the name of a person to represent the City to serve as a Director and attend most monthly meetings of the commission. Motion: Councilman Zinn moved that since Councilman Payne has al- ready served, that he be appointed as representative if he is willing to accept. Councilman Payne replied in the affirmative. Councilman Crass seconded. Unanimously approved. C-6 Letter of request from Director of Environmental Sanitation, County of San Luis Obispo. Mr. White advised of the receipt of a Memorandum dated March 2, 1966, from the San Luis Obispo Department of Public Health, Director of Environmental Sanitation, regarding Disposal of Chemical Toilet and Septic Tank Cleanings. The present County policy is to allow the discharge of waste material on undeveloped grazing land. This leaves much to be desired in the protection of the general public and they are asking that incorporated Cities or sanitary districts permit discharge of this material to their respective community sewer systems. A report has been submitted by the Department of Public Works and Mr. R. Walsh, State of California Water Pollution Control Board has been contacted. Control is necessary in this area. Mr. Spellacy then stated the primary functions of the Wastewater Treatment Plant is the reduction of organic materials and purifying and sterilization of final plant discharges. The plant functions biologically and any change in this environment causes damage and affects the final plant discharge and operation. Any waste that is picked up often contains foreign articles, such as cans, toys, etc., and this could cause damage to the barminuter, or chopper and in- volve a considerable cost for repairs. Should the City take this type of material it would require a dump box with a weir and straining device. Previously, chemical toilet companies used chemicals which destroyed the bacteria in the treatment plant thus rendering it in- effective. This has been discontinued and they are,now using odor controlling detergents. The Cities of Paso Robles and Santa Maria allow no septic tank dumping, however, they have allowed chemical toilets to enter their systems. Ventura has an ordinance prohibiting any dumping of any waste material other than within the City limits. Mayor Surfluh said the City is taking a chance in running into hazardous conditions which can cause the sewage plant process to fail. Mr. White stated that the City's Wastewater Treatment Plant has a much stricter requirement for the degree of treatment because of the recreational facilities on the beach area, i.e., shell fish and clams, and we are naturally concerned that we can meet the requirements of the Health Department. He then recommended the matter be referred MINUTES - City Council Meeting March 8, 1966 PAGE FOURTEEN to the Staff for further study and discussion with the Director of Environmental Sanitation so they can become aware of our problems. They, too, have problems which they want to solve., Motion: Councilman Zinn moved that the request from the San Luis Obispo Environmental Sanitation Commission be referred to the Staff. Councilman Payne seconded. Unanimously approved. C-7 Resolution No. 24-66. RESOLUTION APPROVING PLANS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE INSTALLATION OF FENDER PILES ON MORRO BAY CITY PIER. Mr. White stated that the condition of the fender piles demand that some action be taken to protect the pier itself, and fender piles are required now to protect the major City dock. This will be accomplished by normal phasing, specifying installation of fender piles with an additional six piles driven at the same time for in- stallation of fender piles for City floats. Bids will be requested in two ways; the contractor can furnish the fender piles or the City can furnish the piling. There are two known sources whereby we may be able to obtain used, treated piling which is the proper length and priced at a considerable savings. The City will take the most advantageous bid. Mr. White read Resolution No. 24-66 in its entirety, stating bids were sent to interested periodicals and bidders. This is a budgeted project. Motion: Councilman Zinn moved that Resolution No. 24-66 be approved. Mayor Surfluh seconded. Roll call vote, unanimously approved. C-8 Resolution No. 25-66. RESOLUTION APPROVING PLANS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON 5TH STREET FROM 6TH STREET TO HIGHWAY 1 (SELECT SYSTEM PROJECT NO. 24) Mr. White stated plans have been submitted for the construction of street improvements on 5th street from 6th Street to Highway 1. A request has been submitted to the Division of Highways and approval has been granted as this project will be built according to State specifications. Gas Tax Funds will be used for construction. Approval has been received from the District Engineer to proceed. Mr. Spellacy outlined in detail the proposed project. Chanelling will be accomplished by painted striping rather than concrete barri- cades in the event future changes become necessary. Curbs and gutters will be installed by adjacent owners. The problem of turning off and onto Kern avenue was discussed in depth and Mr. White ex- plained this is one of the reasons for painted barricades in order to determine the most economical and feasible solution to traffic flow. Councilman Bowen suggested projected parking in front of the Sunland Service Station and was advised the area is zoned red. Mr. White then read Resolution No. 25-66 in its entirety. 7 MINUTES - City Council Meeting March 8, 1966 PAGE FIFTEEN Motion: Mayor Surfluh moved that Resolution no. 25-66 be approved. Councilman Zinn seconded. Roll call vote, unanimously approved. C-9 Resolution No. 26-66. RESOLUTION APPROVING GRANT OF USE PERMIT To W S CLUB OF MORRO BAY-ESTERO BAY TO CONDUCT EASTER.SUNRISE SERVICES. Mr. White read letter dated February 28, 1966, from the Kiwanis Club of Morro Bay -Estero requesting permission to conduct the second annual Community and Western San Luis County Interdenominational Easter Sunrise Service, 4:00 A.M. to 8:00 A.M., April 10, 1966, at Morro Rock. Parking will be provided in the open area at the south east end of the Rock and roads will be barricaded. It has been the policy of the City in the past to issue permission for this type of function by Use Permit and a resolution has been prepared for that purpose. Mr. White fhen_rea:d Resolution No. 26-66 in its entirety. Motion: Councilman Zinn moved Resolution No. 26-66 be approved. Councilman Bowen seconded." Roll call vote, unanimously approved. C-10 Letter from E1ks,Lodge inviting participation in Youth in Government Day, May 2, 1966. Mr. White read letter dated March 1, 1966, from San Luis Obispo Lodge No. 322, Benevolent and Protective Order of Elks, inviting Morro Bay's participation in the annual Youth in Government Day, May 2, 1966. The City participated in this activity last year and Mr. Dodge, Vice -Principal of Morro Bay High School will contact the City and establish procedures for participation in this youth activity by assigning students to act as City Administrator, Director of Finance, Director of Public Works, Fire and Police Chiefs for the day specified. Minute Order called for to approve the City's participation in Youth in Government Day, May 2, 1966. Motion: Councilman Payne moved that the Council approve the City's participation in the annual Youth in Government Day, May 2, 1966. Councilman Crass seconded. Unanimously approved. TIME RESERVED FOR INDIVIDUAL ACTION. Mr. Hugh Case addressed the Council asking if the bid on the two fire trucks was $1,000.00. Mayor Surfluh replied this is correct. Mr. Case then stated he would make a bid for $1,100.00 and have confirma- tion in the City Administrator's Office, City Hall, by 11:00 o'clock A.M., Wednesday, March 9, 1966. Mr. Laurence Davis then asked if there was a fifteen or twenty day trade-in period, and if this is the case, the trucks should be shown and published for bid rather than sold on a first -come, first -serve basis. Mr. White stated the trade-in procedure is normal and used to good advantage by most all Fire Departments and the City will make , every effort to obtain the highest dollar value for these particular, units by advertising for bids if the Council so desires. • 0 MINUTES - City Council Meeting March 8, 1966 PAGE SIXTEEN CORRESPONDENCE 1. Letter, dated March 4, 1966, Morro Bay Garden Club, re: Proclamation for observance of California Conservation Week, March 7 to 14. 2. Legislative Bulletin, League of California Cities, dated March 1, 1966, re: Proposed Changes in State Aid for Public Libraries and letter, dated February 28, 1966, League of California Cities, re: Federal Grants and the Decline of the Federal System. 3. Letter, dated March 5, 1966, County Clerk, San Luis Obispo, re: Resolution 80-66 opposing proposed Tidelands Legislation. 4. Resolution No. 362, City of Orange Cove, re: Expressing support and devotion to the members of the Armed Forces of this Country fighting in Viet Nam. S. Letter, dated March 3, 1966, City of San Bernardino, re: Invitation to Mayor Surfluh and City Councilmen to attend the 51st anniversary of the National Orange Show, Thursday, March 10, 1966. 6. News Release, dated March 3, 1966, Division of Highways, re: Eight bids received for tree planting on 9.8 miles along Route 1. 7. Letter, dated February 26, 1966, Greater Morro Bay Harbor Development Association, re: 701 Planning Program. 8. Letter, dated February 11, 1966, San Luis Obispo School Dis- trict, re: monthly listing of money -raising efforts of Morro Bay Junior -Senior High School. 9. Letter, dated February 10, 1966, Joseph D. Tydings, United States Senate, re: H. R. 1582, relating to Morro Rock. 10. Letter, dated February 9, 1966, Burt L. Talcott, Congress of the United States, re: opposition to proposed regulation of CATV by Federal Communications Commission. 11. Letter, dated March 2, 1966, Central Coast Investors, re: Use Permit for purpose of construction of Lease Sites 200 and 201. Motion: Councilman Zinn moved the correspondence be received and ordered filed. Councilman Payne seconded. Unanimously approved. ADJOURNMENT Motion: Councilman Payne moved the meeting be adjourned. Councilman Zinn seconded. Unanimously approved. Meeting was adjourned at 11:05 P.M. RECORDED BY: C. Ted White, City 4 • • February 17, 1966 2:00 P.M. NOTICE OF SPECIAL MEETING A special meeting of the Morro Bay City Council. will be held on Friday, February 18, 1966, at 3:30 P.M. in the City Hall, S9S 6th Street, Morro Bay, California, to consider the following matter: 1. Atascadero Beach State Park Litigation S. urflu Mayor _ ity of Mor& Bay February 18, 1966 2:00 P.M. I, Vernon D. Crass duly elected City Councilman of the City of Morro Bay do hereby waive notice of a special meeting of the City Council to be held at the Morro Bay City Hall.on Friday, February 18, 1966, at 3:30 P.M. Signature I, C. Ted White, City Clerk.of the City of Morro Bay do hereby certify that the above waiver of notice of special meeting was filed on February 18, 1966. C. Ted White, City Clerk February 18, 1966 2:00 P.M. I, William E. Payne duly elected,City Councilman of the City of Morro Bay do hereby waive notice of a special meeting of the City Council to be held at the Morro Bay City Hall on Friday, February 18, 1966, at 3:30 P.M. Signature I, C. Ted White, City Clerk,of the City of .Morro Bay do hereby certify that the above waiver of notice of special meeting was filed on February 18, 1966. C. Teew iTi'te, City cierK J February 18, 1966 2:00 P.M. I, Chester E. Zinn , duly elected City Councilman of the City of Morro Bay do hereby waive notice of a special meeting of the City Council to be held at the Morro Bay City Hall on Friday, February 18, 1966, at 3:30,P.M. I, C. Ted White, City Clerk.of the City of Morro Bay do hereby certify,that the above waiver of notice of special meeting was filed on February 18, 1966. 144 c.TedWh White, city clew February 18, 1966 2:00 P.M. I, J. S. Surfluh duly elected City Councilman of the City of Morro Bay do hereby waive notice of a special meeting of the City Council to be held at the Morro Bay City Hall on Friday, February 18, 1966, at 3:30 P.M. ign ure I, C. Ted White, City Clerk.of the City of Morro Bay do hereby certify that the above waiver of notice of special meeting was filed on February 18, 1966. C. Ted White, City Cler February 18, 1966 2:00 P.M. I, Paul Bowen duly elected City Councilman of the City of Morro Bay do hereby waive notice of a special meeting of the City Council to be held at the Morro Bay City Hall on Friday, February 18, 1966, at 3:30 P.M. Signature I, C. Ted White, City Clerk of the City of Morro Bay do hereby certify that the above waiver of notice of special meeting was filed on February 18, 1966. C. fTed White, City Cler City of Morro Bay SPECIAL MEETING - City Council February 1,%Q 1966 - 3:30 P.M. City Hall - Conference Room Mayor Surfluh called the meeting to order at 3:37 P.M. in the Conference Room. ROLL CALL Present: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh. Absent: None Each Councilman submitted a signed waiver of notice of this special meeting. Mayor Surfluh entertained a motion to adjourn to Executive Session. Motion: Councilman Crass moved to adjourn to Executive Session. Seconded by Councilman Bowen and passed unanimously. Discussion held in depth regarding a meeting attended by Mayor Surfluh and Councilman Bowen last week with representatives of the State Division of Parks and Recreation and Senator Vernon Sturgeon. This meeting was held on the site of the proposed access routes to the Atascadero Beach State Park. A report was given of this meeting and a subsequent meeting of a� Council Committee consisting of Mayor Surfluh and Councilman Bowen to work out the details of a course of action to recommend to the Council whereby a settlement to the current litigation relating to the Atascadero Beach State Park access routes could be reached. Mayor Surfluh and Councilman Bowen both indicated that the attitude of the State representatives seemed to indicate a willingness to settle the problems of access to the park facility. Mr. Fred Jones, Director of the Division of Parks and Recreation acted as spokesman of the group at the meeting and a possible course of action towards eventual settlement was discussed. Also discussed was the need for the City's approval of the sewer hookup agreement that has been pending for several months. Mayor Surfluh informed the Council of the recommendations of the committee after discussion with the City Attorney and asked that Mr. Kardel review the procedures to be followed. Mr. Kardel then presented two resolutions in draft form that were prepared as per the Council Committee's request. One resolution pertaining to access and the other to sewer hookup. After lengthy discussion and some modification and amendment to said resolutions the final amended resolutions were read in full. Resolution No. 15-66: RESOLUTION RELATING TO ATASCADERO BEACH STATE PAR . Motion: Councilman Zinn moved to adopt Resolution No. 15-66. Seconded by Councilman Payne. Roll call vote, passed unanimously. P SPECIAL MEETING -.City Council February 17, 1966 - 3:30 P.M. PAGE TWO Resolution No. 16-66. RESOLUTION APPROVING SEWER HOOKUP Motion: Councilman Payne moved to adopt Resolution No. 16-66. Seconded by Councilman Zinn. Roll call vote, passed unanimously. Meeting adjourned at 5:05 P.M. RECORDED BY: 0 ' D4 C. Ted White, City Clerk CITY OF MORRO BAY AGENDA - City Council Meeting February 8, 1966 - 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of January 25, 1966. HEARINGS, APPEARANCES & REPORTS A-1 Proclamation Re: Boy Scout Week. A-2 Proclamation Re: DeMolay Week. A-3 Hearing on denial of variance to Darwin Tartaglia. UNFINISHED BUSINESS B-1 Resolution Re,: Planning Services. B-2 Report and recommendation from Planning Commission re: variance for car wash. NEW BUSINESS C-1 Request for assignment of lease - Wm. Wilson. C-2 City Council meetings for February. C-3 Claim for refund for abatement charges. C-4 Interim sign ordinance. C-5 Request to remove tree on City street. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT Calendar 1. Council Meetings: February 22 and March 8, 1966. 2. Planning Commission Meetings: February 15 and March 1, 1966. MINUTES - City Council Meeting February 8, 1966 Morro Bay Recreation Hall The regular meeting of the City Council convened at 7:37 P.M. with the pledge of allegiance. Mayor Jack Surfluh gave the invocation. ROLL CALL Present: Councilmen Bowen, Crass, Payne and Mayor Surfluh Absent: Councilman Zinn MINUTES Mayor Surfluh entertained a motion that the reading of the minutes of the regular meeting of January 25, 1966, be dispensed with. Motion: Councilman Bowen moved that the reading of the minutes of January 25, 1966, be dispensed with. Councilman Payne seconded. Unanimously approved. Mayor Surfluh then asked if there were any changes or deletions. There were none. Motion: Councilman Payne moved that the minutes of the regular meet- ing of January 25, 1966, be approved as written. Councilman Bowen seconded. Unanimously approved. HEARINGS, APPEARANCES $ REPORTS A-1 Proclamation Re: Boy Scout Week The Santa Lucia Area Council, Inc., Boy Scouts of America have re- quested that the Mayor proclaim the week of February 7-- 13 as Boy Scout Week. Cub Master Don Smith and Cub Scout George Kouremetis Jr., Pack 218,Den 8, were asked to step forward to receive the Pro- clamation. Mr. White then read 'Proclamation - Boy Scout Week', in its entirety. Mayor Surfluh welcomed both Don Smith and George Kouremetis Jr., `.stating 'it is with a great deal of pride that I sign this proclama- tion'. He then presented the proclamation to George Kouremetis Jr., who in turn presented Mayor Surfluh with a pin stating 'I hereby make you an honorary scout for Scout Week. Mayor Surfluh then thanked both Don Smith and George Kouremetis Jr. A-2 Proclamation Re: DeMolay Week Mr. White read 'Proclamation - International DeMolay Week', March 13-'20,.in its entirety. Mayor Surfluh stated it will be a pleasure to sign this proclamation also. A-3 Hearing on denial of variance to Darwin Tartaglia. Mr. White advised that this hearing was duly advertised to consider the appeal of Darwin Tartaglia to allow a variance for a five foot rear yard setback on Lot 4, Block 1, Morro Bay Vista Tract No. 3, MINUTES - City Council Meeting February 8, 1966 PAGE TWO City of Morro Bay. This matter was considered by the Planning Com; mission on December 21, 196S, and continued until January 4, 1966. The application is to allow a variance for a five foot rear yard setback instead of the required ten feet in order to enlarge the existing residence by adding a second story structure. R-2 Zone requires a ten foot setback in the rear to allow for adequate light, air, ventilation and fire access. Councilman Bowen asked if Mr. Tartaglia was in the audience and he was not in attendance. Mr. White then stated the Planning Commission has recommended against the granting of this variance since there is no hardship involved and it appears that the plans can be adjusted. He then directed attention to a map showing the size and location of the lot, stating that in enlarging the residence it limits the rear yard area and again stating the Planning Commissions recommended denial. Councilman Bowen stated it was his understanding that the family is increasing and they own the property, therefore, if it is feasible to enlarge the property it would help them financially in providing for their increasing family. Mr. White stated that strict compliance with the law regarding variances must be maintained and a hardship must be present. A hard- ship can be defined as a denial to a property owner the right that other surrounding property owners enjoy. Mr. McIntire then clarified the law. A variance is granted under conditions as Mr. White stated. The reason of particular concern to Mr. Tartaglia is that he is being deprived of a use that other prop- erty owners in the same area and under the same zoning are permitted. This is the basis for the hearing. Mr. Jack Robert, Mr. Tartaglia's employer, addressed the Council stating Mr. Tartaglia doesn't care now whether he is granted the variance or not as he has purchased another lot. Mayor Surfluh then stated that many people are misinformed regarding the granting of a variance. The City has guide lines to follow set by State Law. Motion: Councilman Payne moved the City Council concur with the decision of the Planning Commission in a denial of this variance. Councilman Crass seconded. Unanimously approved. The request for the variance was denied. A-4 Harbor report for month of January, 1966. Mr. White noted this item was omitted from the Agenda, however, copies have been made available to each Councilman and members of the press, therefore the report will not be read. UNFINISHED BUSINESS B-1 Resolution No. 13-66. RESOLUTION APPROVING AGREEMENT FOR PLANNING SERVICES. MINUTES - City Council Meeting February 8, 1966 PAGE THREE Mr. White stated this is an agreement by and between the County of San Luis Obispo and the City of Morro'Bay. He then noted letter dated February 9, 1966, to the City Council from the City Attorney's Office recommending that the agreement previously submitted by the Board of Supervisors be disapproved in that it does not adequately protect the interests of the City. Mr. McIntire then referred -to letter dated May 3, 1965, from Ned Rogoway, County Planning Director, stating specifically what services we would contract for. The agreement as presented is sufficient from the standpoint of one party but not from the standpoint of the City in that it doesn't incorporate some of the matters outlined by Mr. Rogoway in his original proposal of May 3, 1965. Mr. White stated the agreement prepared by the City doesn't affect too many specific changes or clarifications, except as to who does what type of work and the time involved. It provides that the Plan- ning Director attend various meetings and either the Planning Director or appropriate personnel of the Planning Department shall 'participate in study sessions, staff conferences or site inspections. Councilman Payne stated since there are some changes recommended it might be well to go through the entire agreement. Mr. White then read the proposed agreement and the matter was discussed in depth, noting comparisons and changes. Mr. McIntire reviewed Mr. Rogoway's letter of May 3, 1965, stating that he will, under the provisions of his proposal, operate.as City Planning Director when he is working for the City. Mr. White then read Resolution No. 13-66 in its entirety. Motion: Councilman Bowen moved that Resolution No. 13-66 be approved. Councilman Payne seconded. Roll call vote, unanimously approved. B-2 Report and recommendation from Planning Commission re: variance for car wash. Mr. White stated this matter was referred back to the Planning Com- mission at the last Council meeting for determination of the proper zoning fora coin operated car wash, as it was thought by some that a car wash closely parallels that of a service station which is normally zoned as C-1. If the use proposed was not a proper C-1 use a variance would be required because he would be denied the right that other property owners in the same area enjoy, such as the service station across the street. It was a unanimous decision of the Commission that a variance be granted but upon recommendation of the City Attorney this matter was referred back to the Planning Commission for study and determination as to zoning and classifica- tion. The Planning Commission, at the request of the City Council., has determined that a coin operated car wash is an allowable use in a C-1 Zone, and, more particularly a C-1-D classification. Mr. Waldron, the applicant, is willing to comply with the conditions of the Planning Commission regarding the off and on ramps; backing onto the sidewalks; paving entire area and centralized drainage. Mr. White •. • MINUTES - City Council Meeting February 8, 1966 PAGE FOUR then noted that there are two trees, one on each side of the proposed ingress driveway, one tree is located about two-thirds on the owners property and one-third on City property and one tree in the middle of the sidewalk area. The applicant, Mr. Waldron, would like approval to remove the tree lying wholly within the sidewalk area in order to put in the required sidewalk and grade the property. The visual effect of the property, the installation of the driveway and site distances will be improved if the tree is removed. A building permit has not been issued to date as it is contingent upon development of the site as required by a conditional use permit. Mr. White requested that the Council by minute action, approve the removal of the most westerly tree growing on City property at a cost to the property owner in compliance with his request and that he be allowed to install an eleven foot sidewalk with a four foot planter. Councilman Payne stated he has always felt our hands were tied in this situation in that a C-1 area can be developed but he feels this is a dangerous location for this type of business, traffic wise. However, we do have to proceed and the tree should be removed but as far as this type of operation in this area is concerned he has doubts concerning traffic conditions and that eventually there will be a serious traffic problem. Mr. White stated that in the plans for the development of this area, traffic can very easily be rerouted to eliminate left turns noting this was also a concern of the Planning Commission. He does feel, however, that people who.own property should be granted the right to develop and use that property and that the City should do every- thing possible to eliminate the traffic hazard and that the problem can be resolved by proper signing and channelling of the traffic. Councilman Crass said he feels the same way in that when an area is zoned C-1 a man has the right to use his property accordingly. It is up to the City to handle the traffic problems which can be re- solved. Mayor Surfluh entertained a motion to allow removal of the specified tree and install an eleven foot sidewalk with a four foot planter instead of a fifteen foot sidewalk. Motion: Councilman Bowen moved that permission'be granted to the applicant to remove the tree and install an eleven foot sidewalk with a four foot planter instead of the required fifteen foot sidewalk. Councilman Crass seconded. Unanimously approved. NEW BUSINESS C-1 Request for assignment of lease - Wm. Wilson Mr. White advised of the receipt of a letter on February 7, 1966, to the City from Harold J. Anderson requesting assignment to hi'm of the lease of Mr. and Mrs. William K. Wilson. Mr. McIntire stated he had contacted the Attorney for these parties this morning, who appeared pleased that we were calling him so soon MINUTES - City Council Meeting February 8, 1966 PAGE FIVE to talk about this assignment when they were still in the process of drafting the initial documents of transfer. The Attorney advised us that he had just received a signed document by both parties proposing a sublease contingent upon the City's approval, characterized as a sublease rather than an assignment. In recieving a copy of the document today, which we have not had an opportunity to fully review as it is 16 pages long and quite comprehensive. We would suggest that this matter be referred to us for preparation of the necessary documents to the Council to execute this matter, if that be the Council's desire, consistent of course, with protecting the City's interest in the lease- hold property. He pointed out that we were advised that some modifica- tions were proposed in the property itself in conjunction with this transfer or sublease. The existing buildings will be improved and remodeled and there will be some of the laundry facilities improved, kitchen handling, etc. It is anticipated that the assignee can go ahead with the remodeling without the approval of the sublease by securing the proper building permit, but at the moment, since we first saw it today, we haven't had the full opportunity to review the sub- lease and make our recommendations to the Council. There is no objec- tion on the part of the parties involved to additional time which is necessary in order to review the documents and report back to the Council. Mr. McIntire stated that he has reviewed the document at length orally with the Attorneys and that it is a sublease for three years with an assignment at the end of that time. There are a number of terms and conditions, however, that may or may not affect this sublease, and we frankly don't know as we haven't gone into sufficient detail to be able to say at this time. Perhaps one of the conditions of this assignment may be that there may be some local ordinance or architec- tural standards that the lessees haven't complied with. We don't anticipate any large problems. We suggest and recommend to both parties that we work with their Attorneys on this matter. If this is your inclination we will work with them in'order to prepare the documents necessary to execute this transfer. If not, we can review, study and merely report back at the next Council meeting. Councilman Bowen asked if this was an established and operating business at the present time and he was informed that it was. He stated further that it must be a legitimate business and it appears that this is just a change of ownership. Are we being too pressing on our waterfront at the moment to put a roadblock in everybody's way that wants to develop and do we have to go into such detail for something as simple as this? Mayor Surfluh stated the City Council doesn't want to act in any way to deter people wanting to go into business, but we want to do what is right all the way round. Mr. McIntire stated I am not prepared at this time to go into detail on this transfer as we don't have all the factual material, but I hope to satisfy Mr. Bowen on some of the questions that came to light. I am not referring to any specific person or any specific lease. These are problems that may arise or have arisen in the past. We first must understand that the City is not the owner of the property, but a trustee of the property and as such, has a higher duty in administering said property than if it was merely City owned property MINUTES - City Council Meeting February 8, 1966 PAGE SIX with no trust obligation attached. Now the City cannot and should not stand in the way of a transfer of a business. We must, however, operate within the terms of the trust on the waterfront because the City does have an interest in the real property beneath the improve- ments. Questions arise regarding a lease - what is the background; is it a sublease, assignment, sale; what is the legal effect? It is the law that when a person turns property over to another person or signs a contract to another person, both parties are to some extent bound until the earlier party, the assignor, is released. This means, in effect, that in an assignment, which of the lessees, the assignee or assignor is responsible in the event of a breach of that lease. Normally the person in business is responsible but this particular assignment has a clause that permits the assignor to come back in and take over in the event the present tenant doesn't meet the conditions of the lease. Then the City has a sublease that is complicated because if there is a breach of the lease, the question arises that we may have to remove the subtenant, but does it mean the City can get it back or does the original lessee regain possesion. If he is out of State, how do we communicate with him when the City has an interest in the property. His interest is getting money from the assignee, but when it stops he will want to do something about it. It hasn't happened to the City yet, but it has happened to leases in the past. A lease being operated by any person, agency, or corporation, with a sublease or some leasehold interest in the property immediately raises the question, can an assignment or a particular lease allow someone to take over that is unknown to the City. Another situation that may arise is that when one party sub- leases a specific lease it may include other provisions, rent dura- tion time, etc., which is contrary to one of the provisions in the specific lease and the question arises, which document controls, the original lease, or the new sublease approved by the City. Another problem is specific use of trust property. This is trust property and the City has certain obligations with regards to said trust property. The City cannot, tonight, decide to lease or sublease a parcel of the trust property without knowing all of the facts relat- ing to the lease or sublease. This is our view of current lease situations that may arise and there are many other problems that may arise that should be looked at before the Council can act. Before the Council can approve an assignment or sublease they have to know exactly what they are approving. This is the reason it is necessary for the Council to have something in writing showing what particular conditions are agreed upon. Then you know, and having known, can then impose conditions if needed. A breach by one party is a breach by both and for the protection of the City we must have a document that will be signed by all parties concerned prior to approving a sublease. Councilman Bowen stated that he doesn't feel it is as complicated as the Attorney is making it. The Council is dealing with people of this City that are of good moral character and he does not feel it has to be this complicated. The fact remains that we are blocking progress on the waterfront and there must be something done and the City Council must see that their business is permitted to continue. Councilman Bowen stated that he feels we can do it much more decisive and faster than we are doing.at the moment. MINUTES - City Council Meeting February 8, 1966 PAGE SEVEN Mr. McIntire stated that this Council and the City Attorney's.Office are not blocking progress on the waterfront. Councilman Bowen stated his complete disagreement. Mr. McIntire referred to the question on the request for transfer on the agenda. This matter was referred to our office yesterday, February 7th and we took immediate steps to contact the attorneys for the parties involved in order to facilitate a rapid conclusion to this matter. We now have a document.16 pages long and we are dealing with a County lease document of some 20 pages. Councilman Bowen stated he feels it can be done in a more concise fashion, even though the lease document of some 20 pages was not the City's doing. He further stated that in bringing this question up there was nothing personal in this. Councilman Payne stated he feels that we should get this done as soon as possible and that all deliberations should be taken as soon as possible, but on the other hand, we just received this yesterday and he felt this should be taken care of as soon as possible from both parties standpoint to insure a continuation of business. This has been discussed with the other parties attorney and everything seems to be progressing properly and that the parties concerned were notified and they were happy with the action of the Staff and Council. Mr. McIntire replied that this is my understanding. Councilman Payne stated that due to the fact that it was just re- ceived yesterday, the legal department.should have a chance to look over the documentation, but with expediency, of course. They haven't had time to do so and if we could act on it tonight we would like to. For the protection f6r all parties concerned and also the City, as we are representing the people here, we can't jump in without knowing the situation. In some cases we may have taken too long but we have learned to take the right steps and we know what we are doing is proper. Mr. White stated we have now been involved in three assignments, subleases.or rental situations which have come up, each separate and distinct in itself. None' are really the same. We have talked at some length of coming up with an assignment policy and our initial conclusions are that the only standard policy would be to dictate the terms of an assignment between individuals. We can't do this, the individual has to negotiate his own transfer to suit his partic- ular needs, therefore, our policy can't be a hard and fast policy. It must be flexible enough to allow a person to assign, transfer or rent. The problems with past assignments occurred prior to our taking over the leasehold interest. The City Attorney and Attorney for the parties involved are trying to resolve these problems for the benefit of all parties concerned. Councilman Bowen stated that he thinks there is so much confusion in these leases that it is difficult for the people who are trying to make a livelihood. We, as representatives of the people, should expedite these matters, even if we need to change attorneys. This doesn't mean firing McIntire and Kardell. There is too much paper work and we are creating a roadblock. MINUTES - City Council Meeting February 8, 1966 PAGE EIGHT Mayor Surfluh stated that in the interest of entertain a motion that we pass this problem trator and City Attorney for expedient action answer and they are entitled to one. expediency, he would on to the City Adminis- . The people want an Councilman Crass said I have not seen anything happening so fast with so many complaints. I think in view of the fact that the request was received only yesterday, we haven't hardly had time to get to it, therefore, there is no need to get excited. He feels there is a need at time for speed, but not on this particular item on the Agenda. Councilman Payne stated that, perhaps, in order to speed this'up, if we could pass a resolution stating that if they comply and if we find out that they can comply with all requirements necessary to make this change, we can give an okay. He noted at this time that there would be no meeting on February 22nd and the matter would be put off into the next month. Mr. McIntire stated that we have discussed this particular matter as to whether the next meeting will be held on February 22nd with the attorney's of the parties involved and the reaction was, speci- fically, that he doesn't know whether this would make a whole lot of difference. One of their problems is to the remodeling and re- construction and there are no legal objections which would prevent the City from granting a Building Permit and having the remodeling done in the interim. Whether the Building Department finds any objections, we cannot say. Legally there is nothing wrong with granting a Building Permit and going ahead. That being the case, my understanding was that four weeks is not too long and will not prejudice these people because they can go ahead with their build- ing plans. I wasn't aware that Council action would be taken tonight as this wasn't my understanding of the wishes of the Council. Councilman Payne stated we should obtain more information and then take positive action. Mr. Gianini stated that he feels this is the first time a Councilman has taken a step in behalf of the Harbor and he agrees with every- thing Councilman Bowen set forth. The matter is expedient and'as far as the leases go we haven't any policy and none has been set forth by the Council and they are again passing the buck to the City Administrator and the City Attorney. We cannot go along with the continual roadblocks. We can continue as we are and not have any business. We have responsible people we are dealing with, Mr. Wilson and Mr. Anderson. He then demanded that the Council set forth its actions. It is not up to the City Administrator or City Attorney, it is up to the Council to set forth these actions. Mayor Surfluh entertained a motion to turn this over to the City Administrator and the City Attorney to come out with a positive answer. Mayor Surfluh then asked Mrs. Anderson if the 2nd Tuesday in March would conflict with their plans. Mrs. Anderson replied, no, as far as architectural changes it is mainly decorating that will be done. There will also be a new roof end all the improvements will be good ones. MINUTES - City Council Meeting February 8, 1966 PAGE NINE Motion: Councilman Payne moved that we direct this letter of request and information to the City Attorney's. Office for immediate action and if•necessary, Mayor Surfluh call a special meeting to take care of this matter. Councilman Bowen seconded. Unanimously approved. C-2 Resolution No. 14-66. RESOLUTION CANCELLING CITY COUNCIL M ETING. Mr. White noted the regular meeting scheduled for the fourth Tuesday of the month falls on Washington's Birthday, February 22nd. Mayor Surfluh advised that by law, only one meeting per month is required and asked that the resolution cancelling the meeting be read for the information of those present. Mr. White then read Resolution No. 14-66 in its entirety. Motion: Councilman Bowen moved that Resolution No. 14-66 be approved. Councilman Payne seconded. Roll call vote, unanimously approved. The regular meeting of the City Council scheduled for February 22, 1966, was cancelled. C-3 Claim for refund for abatement charges. Mr. White stated that in the process of abating weeds under the Annual Weed Abatement Program about 2000 parcels have to be burned and it is unfortunate that mistakes in billing were made even though there were only four mistakes. Four individuals have made a claim to the City that this abatement was not done by the City, however, our records indicate these lots were abated by the City, but we could very possibly be in error. There are three parcels at $4.00 each and one parcel at $8.00. All of these parcels lie in the north Morro Bay District with the exception of one which is in the Harbor front district. It is therefore our recommendation that these individuals be reimbursed. Motion: Councilman Payne moved that the City pay these amounts specified under the Weed Abatement Program. Mayor Surfluh seconded. Unanimously approved. C-4 ORDINANCE NO. 35. AN INTERIM ORDINANCE REGULATING THE INSTALLATION, ERECTION OR CONSTRUCTION OF SIGNS WITHIN THE CITY OF MORRO BAY. Mr. White stated the Planning Commission has submitted an interim sign ordinance and recommend its adoption. This was prompted by the lack of a sign ordinance and the events leading to the installation of a sign that was felt by some members of the community to be too high and possibly too large. In order to forstall any further construction of signs that may be detrimental to the general develop- ment program projected for the City, our only recourse is to adopt an interim ordinance. Mr. McIntire stated that if this is adopted as an urgency ordinance it will be required to be read in its entirety. MINUTES - City Council Meeting February 8, 1966 PAGE TEN Mr. White then read the proposed Ordinance and Council discussed the matter in depth. The purpose of this ordinance is to create a degree of control not now existing, as it was felt by the Plan- ning Commission, that with an interim ordinance, any deviation from the on -site sign requirements as set forth.would have to be on a conditional use permit basis. If an individual comes up with a request that is reasonable, a conditional use permit may be granted by the Planning Commission. Mr. White stated that the Planning Commission has recommended this ordinance be adopted and that it will serve in the interim period until they can recommend a more comprehensive sign ordinance. Mr. White then read Ordinance No. 35. Mr. McIntire recommended that a Section 7 be added, Conditional Use Permit Required: 'Notwithstanding the foregoing, on -site signs which deviate from the foregoing requirements of this ordinance may be erected, installed or constructed provided that a conditional use permit be first obtained pursuant to the Morro Bay Zoning Ordi- nance'. He then continued the reading of the ordinance from this point, commenting on the law with regards to an interim ordinance and clarifying it stating an interim ordinance is good for 90 days. Then after a public hearing the City Council can extend this period for an additional year as an interim ordinance, for a total time of 2 years and 90 days. Motion: Mayor Surfluh moved Ordinance No. 35 be adopted. Council- man Bowen seconded. Unanimously approved. C-5 Request to removed tree on City Street. Mr. White read a letter in the form of a petition, signed by twelve residents, pertaining to a tree which is on a public right-of-way. He then referred to several pictures of the tree stating that the Council has previously adopted a resolution establishing a policy on tree removal from City rights -of -way. The tree'in question has been trimmed severely in the past because of overhead lines and is very deformed. It is not an evergreen and sheds its leaves every year. The Staff has viewed the tree and concurs with the findings of the residents. It was noted that each Councilman has a copy of Resolution No. 19-65, Establishing a Policy of Tree Removal from City Rights -of -Ways. He then read an excerpt from Resolution No. 19-65 stating this request shows that all residents want the tree removed. Councilman Bowen asked if there was anyone in the audience who sign- ed the petition in order that they might be informed as to the City's tree removal policy. No interested person was present. Councilman Payne stated the tree is scrubby and since we seem to be coming up against problems of tree removal he would like to see a policy worked out by the City Staff and City Council that whenever a tree is removed it be replaced. Motion: Councilman Payne moved that this tree in this area be re- moved by the surrounding property owners in conformance with the policy previously adopted. MINUTES - City Council Meeting February 8, 1966 PAGE ELEVEN Councilman Bowen questioned concerning the removal of the roots, stating he doesn't feel the City should be liable for paying for the removal of the tree but should oversee that it is done correctly. Mr. White advised this will be supervised by the Department of Public Works. Councilman Bowen seconded. Unanimously approved. Mayor Surfluh then asked that the petitioners be informed of the City's requirements. C-6 Discussion on San Luis Obispo County Flood Control and Water Conservation Districts. Mr. White read letter, dated February 8, 1966, from the San Luis Obispo County Flood Control $ Water Conservation District in its entirety, noting each member of the Council has received a draft of the projected needs for supplemental water from 1966 to 1986. Data was obtained from the Department of Public Works and Water Depart- ment and is based on an estimated population forecast and estimated increase of bight peir_ent per year to supplement water requirements. This is based on growth within the area encompassed in the current city limits of Morro Bay. Greater Morro Bay water basin now has a total capacity of 3000 acre feet per year; the City uses 1000 acre feet; agriculture 1750 acre feet and the golf course currently uses 540 acre feet, a total withdrawal of 3290 acre feet per year, there- fore, we are overdrawing the basin at the present time. The City is approaching this matter as rapidly as possible and will make every effort to come up with the most economical and feasible source of water. It is suggested we submit this particular document of pro- jected demands for supplemental water.to the County Hydraulic Engineer's Office. Mayor Surfluh asked if Mr. Born requested projections up to 1986. Mr. White replied the letter stated a 20 year period. We realize that the ultimate development of local water within the Greater Zone 2 Area can be adequate for our needs as we see them now. We fully anticipate, within the next 20 year period, development of seawater conversion and this is further insurance that we will be able to maintain a local growth pattern. The San Luis Obispo area is receiv- ing a great deal of attention throughout the State of California as a possible area of development within the next ten to twenty years. Mayor Surfluh then entertained a motion to approve the estimate for supplemental water. Motion: Councilman Bowen moved the City Council approve the estimate for supplemental.water and forward the same to the County Hydraulic Engineer. Councilman Payne seconded. Unanimously approved. TIME RESERVED FOR INDIVIDUAL ACT Mrs. Annie K. Jones addressed the Council regarding a tree in the parkway in front of her residence at 360 Laguna Street, stating the roots were cut when the street was graded and a driveway was install- ed. The tree is approximately seventy feet high and has three forks twenty inches in diameter. The tree is splitting in the fork and she would like to have something done before someone is� injured. One MINUTES - City Council Meeting February 8, 1966 PAGE TWELVE limb has fallen and hit her garage and she would like help in taking care of the matter. Mrs. Jones stated she is willing to pay for having the tree replaced if it is found this tree has to be removed, as it is a menace. Mr. Spellacy stated the tree was checked by a tree surgeon today and he will have a recommendation tomorrow as to the cost and what will be necessary in order to save the tree, if it is possible to do so. Mr. White stated this falls under the jurisdiction of Resolution No. 19-65 on the tree removal policy and everyone in the neighborhood would have to concur if the tree were to be removed and the property owners would have to stand the cost of removing and replacing the tree. Councilman Payne then gave Mrs. Jones his copy of Resolution No. 19-65. Mr. White stated she can proceed along these lines and addi- tional information will be forwarded to her. Mr. Gianini stated the Morro Bay Harbor Development Association has written two letters to the City Council requesting an answer and no answer has been received. Mr. White advised that both letters were read in open Council meetings and Mr. Gianini was absent and by said readings and subsequent discussion no need for an answer was indicated. Councilman Payne stated an answer should be given regarding the Morro Bay Harbor Development Association letters. Mayor Surfluh replied we will have to go back in the minutes to determine when the letters were read, but he would check this personally. 'Mr. Gianini stated one letter did determine future acts on our part and required a Council decision and an answer should be forthcoming from the Council. Mayor Surfluh replied he would review this matter tomorrow. CORRESPONDENCE 1. Letter, dated January 27, 1966, San Luis Obispo County Flood Control 6, Water Conservation District, re: Sea Water Desalination. Mr. White stated copies have been made available to each Councilman and the City Staff Members. 2. Letter, dated January 31, 1966, San Luis Obispo County Flood Control 6, Water Conservation District, re: Status of development of the art of sea water desalination. Mr. White advised this is in compliance with our request to furnish the City with information as it becomes available. 3. Copy of letter, dated February 4, 1966, San Luis Obispo County Flood Control $ Water Conservation District, re: Petitions for permission to expand the place of use for Permits 12851 and 12852, with copy of letter from City of E1 Paso de Robles, dated January 25, 1966; copy of Board Order No. 33, re: Resolution No. 22-66 and Petitions 17123 and 17962. 4. Letter, City of Lakewood, re: Certified Copy of City of Lakewood Resolution No. 1693, expressing support and devotion to members of Armed Forces of this country fighting in Viet Nam. • 0. . MINUTES - City Council Meeting February 8, 1966 PAGE THIRTEEN Mr. White noted the City Council recently passed a similar resolution and that copies have been forwarded to appropriate agencies. S. Letter, received February 4, 1966, Sixteenth District, The American Legion, re: Expressing appreciation for outstanding participation and cooperation of Morro Bay Police Department during official visitation of The American Legion National Commander to Claire Tyler Post 703, Morro Bay, January 4, 1966. 6. Letter, dated January 24, 1966, United States Senate, Edward M. Kennedy, re: HR 1582, relating to Morro Rock. 7. Letter, dated February 4, 1966, The Resources Agency of Calif- ornia, re: Deadline for filing applications for funds available under Federal Land $ Water Conservation Fund Program to July 1, 1966. 8. Letter, dated January 21, 1966, Charles E. Ogle, Attorney, re: To request City's abandonment of certain rights created for benefit of public in following described deeds pursuant to Streets & High- ways Code, Section 8300 et. seq. Mr. White stated this is pursuant to the Streets & Highways Code, and concerns certain lots between Morro and Main Streets where an easement was retained for the eventual establishment of an alleyway thirty feet in width. Mr.Whi-te stated he does not have too much back- up data and further information has been requested, therefore, he would like to refer this matter to the City Attorney for recommenda- tion to the City Council as to how to proceed in this matter. Mr. McIntire asked, shouldn't this go to the Planning Commission? Mr. White replied, yes, but first to the City Attorney then to the Plan- ning Commission. A title report is needed as well as certain informa- tion in order to make an evaluation. The property will have to be viewed in order to ascertain if there is an easement for utilities other than for street purposes, as possible utilities do exist on this particular portion such as telephone, gas and electricity and the City cannot abandon anything that is being utilized by a public utility. The matter was then referred to the City Attorney then to the Planning Commission for their action. 9. Memo, dated January 21, 1966, from Burt L. Talcott, re: Persons and Organizations interested in preservation of Morro Rock. Mr. White noted each Councilman has received a copy. 10. Board Order No. 11, dated January 24, 1966, re: County Clerk to help with Municipal Elections of the City of Arroyo Grande and City of Morro Bay. Mr. White stated this is in compliance with our request. 11. Letter, dated January 31,.1966, The White House, re: Mrs. Johnson thanking Mr. White for the brochure of Morro Rock. 12. Letter, dated January 26, 1966, Office of the Vice President, Hubert H. Humphrey, re: HR 1582 relating to Morro Rock. . 4P MINUTES - City Council Meeting February 8, 1966 PAGE FOURTEEN Mr. White stated this brochure was sent to everyone that could possibly be involved to use whatever influence they might have over the Senate. 13. Memo, received February 5, 1966, San Luis Obispo County Economic Development Committee, re: Committee meeting, February 10, 1966, 3:00 P.M. Mr. White stated as a representative from Morro Bay he has been re- quested to bring a representative of the City and he will contact members of the Council as to who will be able to attend. Mr. White advised of the Planning Conference for San Luis Obispo County, February 2, 9, 16 and 23, 1966. He highly recommended attendance, noting speakers, reaction panels and evaluation committees. Mr. Buz Kidwell is Chairman, February 9th, and the topic will be Tourism F, Recreation. Those wishing to attend should notify Mr. White by tomorrow and cars will be pooled for transportation. Motion: Councilman Payne moved the correspondence be received and ordered filed. Mayor Surfluh seconded. Unanimously approved. ADJOURNMENT Motion: Councilman Crass moved the meeting be adjourned. Councilman Payne seconded. Unanimously approved. Meeting was adjourned at 10:03 P.M. RECORDED BY: C.C. Ted White, City Clerk CITY OF MORRO BAY AGENDA - City Council Meeting January 25, 1966 Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of December 28, 1965 2. Regular meeting of January 11, 1966 HEARINGS, APPEARANCES & REPORTS A-1 Hearing on Street Names and Numbers - continued from December 28th meeting. A-2 Financial Report UNFINISHED BUSINESS B-1 Resolution relating to Abandonment of Portions of Norwich Avenue and Spencer Drive. B-2 Ordinance No. 41, An Ordinance Amending the Morro Bay Municipal Code to Provide for Salaries of City Council, City Clerk and City Treasurer. (Second reading) B-3 Request of R. C. Rose re: Rental of leased property. B-4 Resolution Approving Agreement for Planning Services. NEW BUSINESS C-1 Resolution re: Municipal Election on April 12. C-2 Resolution Awarding Contract for Select System Project No. S. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT Calendar 1. Council Meetings: February 8 and 22, 1966. 2. Planning Commission Meetings: February 1 and IS, 1966. MINUTES - City Council Meeting January 25, 1966 Morro Bay Recreation Hall The regular meeting of the City Council convened at 7:37 P.M. with the Pledge of Allegiance. Mayor Jack Surfluh gave the invocation. ROLL CALL Present: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh Absent: None MINUTES Mayor Surfluh entertained a motion that the reading of the minutes of the regular meeting of December 28, 1965, and January 11, 1966, be dispensed with. Motion: Councilman Zinn moved that the reading of the minutes of the regular meeting of December 28, 1965, and January 11, 1966, be dispensed with. Councilman Payne seconded. Unanimously approved. Mayor Surfluh then asked if there were any -changes or deletions. There were none. Motion: Councilman Payne moved that the minutes of the regular meet- ing of December 28, 1965, and January 11, 1966, be approved as written. Councilman Bowen seconded. Unanimously approved. A-1 Hearing on Street Names and Numbers - continued from December 28th Meeting. Mayor Surfluh notified those present that the Council will first discuss the street name program and after said discussion they will open the hearing for comments, both pro.and con, from the audience. He further explained that street numbers running North and South will originate at the State Park, while street numbers running West to East will originate at the waterfront. This will eliminate undue con- fusion for visitors and townspeople as many street numbers presently do not coincide with the streets indicated. The Planning Commission has recommended the use of Spanish names, however, due to the great number of people protesting the use of names of Spanish origin the Council will consider the use of other than Spanish names as they seem to be more acceptable to the general public, being easier to spell and pronounce. He also stated there should be as few changes made as possible. Mayor Surfluh stated further that although there will be many changes made that costs to the individual should be nominal for those who will be required to change signs, numbers, letterheads, etc. The City Council then discussed the proposed street naming program in depth. Mayor Surfluh then opened the meeting for discussion and proponents spoke both for and against the proposed plan. The question arose as to how to find the streets once they are changed and Mayor Surfluh advised there will be maps and the Post Office will continue to deliver mail to both the old and new address for three years. It is expected that within a year the complete program will be completed and that the City will enter into a comprehensive street signing program as soon as the plan is adopted. MINUTES - City Council Meeting January 25, 1966 PAGE TWO Mr. White presented two signs, one blue and white, the other green and white, stating that the signs will be fabricated by the City, the material being purchased on the open bid procedure. The signs will be upper and lower case and the block numbers will be designa- ted. There are approximately 485 intersections at which signs are to be installed at the approximate cost of $10.00 to $15.00 per intersection. Mayor Surfluh then declared the hearing closed. The list of street hames decided upon with several alternates given will be referred back to the Planning Commission. Mr. White then read Resolution No. 7-66, RESOLUTION PROPOS- ING CHANGES TO STREET NAME AND NUMBER PLAN AND REFERRING SUCH CHANGES TO PLANNING COMMISSION, in its entirety. Mr. White then asked Mr. McIntire to clarify the reasons for this resolution and the procedure required to be followed. Mr. McIntire commented on Government Code Section 55504, relating to a street name and numbering system which is called a precise plan and the Government Code states that if a precise plan is to be adopt- ed it goes to the City Council for a public hearing. After a hearing has been held and if the City Council then wishes to change the plan as proposed by the Planning Commission it must refer the recommended changes back to the Planning Commission for a review, report and further recommendations. If the Planning Commission fails to refer the plan back to the Council within forty days this would constitute approval and the Council could then adopt the plan. Motion: Councilman Bowen moved that Resolution No. 7-66 be approved. Councilman Payne seconded. Roll call vote, unanimously approved. A-2 Financial Report. Mr. White presented the Monthly Expenditure Report for January 1966. Motion: Councilman Zinn moved that the Monthly Expenditure Report for the month of January 1966, including checks numbered 2011 through 2113 be approved. Councilman Payne seconded. Unanimously approved. A-3 Litigation Report. Mr. White asked Mr. McIntire if he wished to report on litigation pending at this time. Mr. McIntire stated that the City Attorney's Office has taken the first deposition in the Thomas action, unfortunately they were not the depositions of the plaintiffs and the adversaries, but deposi- tions of Mr. Joe Warnagieris, County Tax Assessor, and Mr. Harold G. K. Callies of the Assessor's Office. This was generated by the necessity to obtain certain facts which are required to show motion to strike, which we have filed and which is now pending before the Court. It is necessary to determine whether the property lying • MINUTES - City Council Meeting January 25, 1966 PAGE THREE west of Tideland Survey No. 10 has been assessed to any private person,and it is assumed it has never been assessed to any private person, but we don't know this for a fact. On December 23rd, we conferred with Mr. Warnagieris and Mr. Callies, in the Assessor's Office, and asked the Assessor to verify whether this property had ever been assessed to any person and to let us know the result, following which we would prepare an affidavit stating whatever the facts were that were found. This affidavit would then be filed with the Court and used with the Motion to Strike. The Assessor did check their records and those of the Tax Collector, specifically the assessment roll which is kept in the Tax Collector's Office. We were contacted and we prepared the affidavit and their statement, which consists of 1� legal pages, which stated, in effect, that the property has never been assessed since 1952. Before 1952, according to the Assessor, it appears their records were more complex and not easy to search and they adopted a new procedure in 1952 which makes searching much simplier. We reviewed the affidavit with Mr. Callies of the Assessor's Office and it was then put into final form. When it was presented to the Assessor, after the Assessor had consulted with the District Attorney, he declined to sign the affidavit, not that it was erroneous or not factual, but for reasons of policy, specifically that he did not wish to get involved in litigation. This overlooks the fact that the County has been involved in this particular lawsuit for about three and one-half years. As a result of the depositions of Mr. Warnagieris and Mr. Callies, we did obtain the information by sworn testimony so that it can be used in our Motion to Strike, however, it was not freely given. It took four hours to extract the information contained in the 1g page affidavit. It is significant that Mr. Murphy, Attorney for the Plaintiffs, was present at the taking of the deposition. Despite the rumors that plaintiffs were willing, and perhaps eager, to discuss a proposal to meet with us and go over avenuesof settlement we did not receive the slightest indication from Mr. Murphy that he was at all interest- ed. Upon his arrival we began the depositions and immediately on its close, he left. There was no opportunity for discussion as to any possible settlement conference, degree of settlement, or a suggested discussion. For this meeting,this concludes our report. UNFINISHED BUSINESS B-1 Resolution No. 8-66. RESOLUTION AMENDING RESOLUTION NO. 147- . Mayor Surfluh advised this matter was referred to the City Attorney regarding easement restrictions for the proposed abandonment of portions of Norwich Avenue and Spencer Drive. Mr. White stated the Council would now have to pass a resolution amending Resolution No. 147-65, Resolution of Intention to Abandon Certain City Streets and Setting Date for Hearing, passed November 23, 1965, in order that an additional paragraph concerning a perma- nent easement might be added. He then noted the additional paragraph, stating this amendment will be required before any further action can be taken on the proposed abandonment. MINUTES - City Council Meeting January 25, 1966 PAGE FOUR Mr. White then read Resolution No. 8-66 in its entirety. Mr. McIntire stated he had no further comments at this time. Motion: Councilman Zinn moved that Resolution No. 8-66 be approved. Mayor Surfluh seconded. Roll call.vote, unanimously approv- ed. B-1(a) Resolution No. 9-66. RESOLUTION AND ORDER ABANDONING PORTIONS OF NORWICH AVENUE AND SPENCER DRIVE. Mr. White then read Resolution No. 9-66 in its entirety. Motion: Councilman Payne moved that Resolution No. 9-66 be approved. Councilman Bowen seconded. Roll call vote, unanimously approved. B-2 ORDINANCE NO. 41. AN ORDINANCE AMENDING THE MORRO BAY MUNICIPAL OD 0 PROVIDE FOR SALARIES OF CITY COUNCIL, CITY CLERK AND CITY TREASURER. (Second reading.) Councilman Zinn stated that before this resolution is adopted, he would like to note that the Mayor generally receives more than do the Councilmen, due to extra trips, etc. Mayor Surfluh said the Council would either have to vote for the full $150.00 or the matter would have to go to the polls for vote as this amount is specified in a bill signed by Governor Brown and applies to General Law Cities. Mr. McIntire advised that the Mayors salary must be the same as the other Councilmen. Mr. Gianini, representing the Taxpayer's Association, addressed the Council, noting salaries of City Councilmen in other Cities and stating that he had been approached by citizens who are not in favor of the proposed salary. The matter was then discussed in depth by members of the Council. Mayor Surfluh commented on the fact that this is a General Law City and that Charter Cities have a different procedure, therefore, this Council will either have to adopt the proposed salary by ordinance, go to vote, or just do nothing. Compensation of $150.00 a month is quite a lot less than what the Councilmen have worked for in the past as everyone now works approximately five days a week, even though they are not full days, however, several hours a day are devoted to City business. It is true that it takes a lot of dedica- tion, as such, but this is not enough. This Council has worked almost two years with personal monetary loss and both bodies of the State Legislature, including the Governor, were in favor of this bill as most of our Legislators have been City Councilmen at one time or another and know just what the job requires. Councilman Crass said if a Councilman kept'an expense account, it would amount to much more than the $150.00. Also there are some who will object, but that he had not talked to anyone who was not in MINUTES - City Council Meeting January 25, 1966 PAGE FIVE favor of the proposal and he feels that future Councilmen should not have to work for nothing as this first Council has. It was the general feeling expressed by the Council that the public, as a whole, has no objections to this proposed compensation. Councilman Zinn stated that most of those he had discussed this matter with felt this compensation is justifiable. Motion: Councilman Crass then moved that the second reading of Ordinance No. 41 be by title only. Councilman Zinn seconded. Councilman Zinn asked Mr. McIntire if the matter goes to the polls and is adopted by ballot., will it be applicable to the new Council when they are elected on April 12, or will it be lost for two years. Mr. McIntire replied he would have an opinion at the next Council meeting. Mr. White informed the Council that no other legislative body, other than City Councils are required to go to the people to ask them 'what am I worth to serve you', not even the County, State or Federal Governments. Mr. Gianini stated he would like to see a salary adopted similar to that of Paso Robles. He is not sorry to see this compensation paid, but feels it would be in better taste to have it approved by ballot. There is no argument as to the money, just that the people should have a voice as they are paying the bills. Councilman Bowen stated that this compensation will attract people to run for public office who would not otherwise do so. There are many retired people in the City, on a small income, who have terrific backgrounds, good business experience and are ideal.timber for City Council, but because of their retirement, financially they can't afford to do it. He therefore feels $150.00 will attract more people to take an interest in City Government. Mayor Surfluh noted there was a motion and second before the Council to read Ordinance No. 41 by title only. Mr. McIntire pointed out this is a motion of the second reading by title only which requires unanimous approval. Roll call vote, unanimously approved. Mr. White then read Ordinance No. 41 by title only, noting this ordinance has been read once in full. Motion: Councilman Crass moved that Ordinance No. 41 be adopted. Councilman Bowen seconded. Mayor Surfluh asked if there was any further discussion. There was none. Roll call vote, unanimously approved. MINUTES - City Council Meeting January 25, 1966 PAGE SIX B-3 Request of R. B. Rose re: Rental of leased property. Mayor Surfluh referred this matter to the City Attorney Mr. McIntire stated that as the Council directed, their office wrote a short letter to Mr. Rose on January 19, asking him for particular items of information regarding his desire to rent a portion of his lease and no answer ha's been received. We did receive a telephone inquiry from Mrs. Sites, wife of the proposed renter. Based on what we learned from the telephone conversation it appears there was some misunderstanding of the relationship to be established between the tenant and Mr. Rose. For example, they had been led to believe that the property had been approved by the Health Department. From what we gather from investigating the facts, it appears the building will require some changes and modifications prior to approval by the Health Department and it would be approved from the health standpoint only when certain renovations are made, which may be found to be costly. The problem of having the tenant spend a sum of money for renovation and improvements knowing that he can be thrown out in thirty days, in our opinion, indicates the necessity of the City having this whole matter set forth in writing. Mrs. Sites was given this information. A telephone conversation was held on January 20th and since then we have heard nothing. We are awaiting response so that we can look into it and we assume the matter will be properly documented. Mayor Surfluh then asked if there was anything anyone else wished to add. Judge Schenk stated he had been contacted by Mr. Sites regarding assuming property subleases or leases on the waterfront. This question also relates to the Engvall-Tyler sublease which was discussed with Mr. McIntire about a month ago. Mr. Sites contacted him regarding the sublease, but he is not sure as to where Mr. Rose stands. Judge Schenk therefore feels the Council, as a body, needs to formulate a policy relating to subleases or transfers, as they are going to have to say that, as a Council, if there is any legal action regarding the approval of subleases it should be taken up with the City Attorney. This came up in the Engvall-Tyler matter, and the result of that conference is that neither party knows where they are going, and there will possibly be a complete breakdown of the transfer of Engvall to Tyler because of the problem concerning the existing leases and whether the lease presently in effect is going to be respected. When you ask for approval of a sublease, as in Mr. Rose's case, you authorize approval subject to certain inherent facts, but they do not contemplate renegotiating the lease entirely. This Rose -Sites matter is what made the Health Department require that during construction there be some obligation of the Public Works Department to approve zoning. The Council should adopt a policy in conformance with the laws. In Mr. Site's case, he wishes to establish an abalone processing plant and the Health Department will require increased drains, sealing walls, etc., however, these specifications are basically minor structural changes. The problem is, are we going to approve existing leases, essentially in their present form, or say these leases are not satis- factory so that every time a request of this nature is made the lease has to be renegotiated. This is quite a problem. Judge Schenk then pointed out that a policy should be adopted for use in the future,_ MINUTES - City Council Meeting January 2S, 1966 PAGE SEVEN noting that property affected by lawsuits need an interim policy, a status quo policy, until the problem is settled. The City has to get into this problem within the next two or three months. Councilman Bowen stated that in talking to Mr. Rose he was very definite that it was a month -to -month rental basis, not a lease. Judge Schenk replied that it is a short tenancy, approved for this type of use of the premises. If this use is not objectionable to the City Council the parties could work out an agreement that would be approved by the City Council. Mr. McIntire stated the situation that exists now with Mr. Rose's lease, we say this about the processing plant, it is consistent with the terms of the trust to which the City holds title. There is no legal objection from that standpoint. The sublease, according to Mr. Rose, is a lease which can be granted subject to the approval of the City Council. The question the City Council has before it is the letter from Mr. Rose to the City a proposed rental on a month - to -month basis. He stated he had no idea what the relationship was between the parties and this was a unilateral request from Mr. Rose. He stated he had advised the Council, and will again so advise, that you cannot approve a sublease on such information as this. Many facets must be worked out. He doesn't know the relationship between, the leasees and Mr. Sites, or what their understanding was or is, but they apparently did not come to a complete understanding on many issues, as per our telephone conversation. He then stated that Judge Schenk has a good point, do we go to the expense of hiring an attorney, drafting an agreement primary to Council approval and then take a chance that it will be approved and used, while on the other hand, Council cannot approve until it is generally known what the terms and conditions are. There is a substantial difference between the Rose and Engvall-Tyler matter. That might complicate the sellers lease. Mr. Engvall is selling his improvements to another party for a substantial sum and requesting an assignment of the lease. Assignment of purchase is different than a sublease. They legally and factually differ. Regarding Mr. Rose's sublease, he pays all the bills, but someone else has an interest in the property. In order to assure the City that by approving this sublease we are not, in fact, giving away some interest that the City has in the property. The fact that it is not an assignment or separate rights to Mr..Sites will require documentation. You can call it a document and its legal effect is something else, but we have to know the relationship between the parties. Council must know this before they say they will approve these terms and conditions. There may be more terms and conditions that Council will want to interpose, but in a separate document which would bind both parties to the City, and until this is looked into and gone over in detail, we can't tell what the effect that particular document has. At the moment the request that we have made by letter; in outline form, relates to what has transpired between the parties so that the Council can act on it. Councilman Zinn asked if we can grant approval subject to certain conditions. Mr. McIntire replied the City Council could establish a policy that we will permit changes in the leasehold interest, sub- leases, assignment or the terms and conditions of leases and then MINUTES - City Council Meeting January 25, 1966 PAGE EIGHT work out some sort of document which is standard. The City Council has an interest in arrangements between Mr. Rose and Mr. Sites only from the standpoint that it must protect the City. Mayor Surfluh asked if this could be expedited in some manner. Judge Schenk stated Mr. Sites came in to see him but not in sufficient time to prepare the sublease, however, if we can get a tentative approval, it will possibly help the situation. He stated he would call Mr. Rose. Mr. McIntire said that in drafting the matter, once Judge Schenk gets the ideas of both parties, he would golover the matter with him. Councilman Crass stated that we should have a special meeting or committee study to review the whole status along the waterfront involving the trust property and come up with a policy relative to subleases and assignment of leases that would more likely cover all types of transfers of leases on the waterfront. The very fact that we have this litigation has complicated the matter, and as far as we are concerned we are now the trustees of the property and until it is shown otherwise we should take every necessary action on deter- mining a policy relative to subleases and the assignment of leases or any leasing on the waterfront. If each and every assignment of a sublease requires this amount of time, it is going to discourage development on the waterfront as well as discourage people from moving in and going into business and we will continue to have a very poor situation. Mayor Surfluh stated that very definite guide lines are needed. Mr. McIntire stated that his office had some thoughts on the lease policy matters such as Mr. Rose and the Tyler-Engvall matter and others. The existing leases contain inequities to the lessees in the hold harmless clause, in that the rent every five years can be raised to six percent of a figure which is to be determined by some unknown official. There are no definite guide lines so that the rental amount is determined by one man drawing the conclusion that it sort of depends on what you want to get out of the property. This is not fair to the lessees. Inequities to the City are that the rents may be far too low considering the actual value of the property. Property is parcelled out in extremely small portions which does not lend to good development and there are other problems pro and con. He stated further that the City could set the stage for some sort of mutual course of action between the City and the lessees that may be fair.and equitable to all concerned. In the meantime, the legality of certain clauses of existing leases and also what the City is and is not going to do should be determined. Therefore, a Committee is in order. Some study will have to be done by members of the Council who serve on the Committee and a full report, once the facts are known, discussed with the City Council. Certainly lessees ought to be given an opportunity to be heard on this matter as to what their objections are and have been. MINUTES - City Council Meeting January 25, 1966 PAGE NINE Mayor Surfluh asked if this program could if the Council could set out in a simple could possibly serve as a guide line. be started immediately and form what they want, this Mr. White said this was done in the lease to Mr. Rose and Mr. Chuba. Mr. Rose was assured this would be expedited but that certain facts would have to be presented to the Council before a determination could be made. We have indicated that everything possible will be done to bring this matter to a successful conclusion. We have had contact with,him and we need certain information, and without it, we cannot proceed further. Judge Schenk stated he felt he could have this information before February 8. Mr. McIntire stated he would work with Judge Schenk on this matter. Judge Schenk then stated he would call the City Attorney tomorrow after checking with Mr. Rose and Mr. Sites. Mr. Gianini spoke in behalf of the Harbor Protective Association, asking that the Council meet with these people and listen to their lease problems. Mr. White stated Mr. Glen Johnson, representing this group, had contacted him two weeks ago and was advised as to what the City has projected and that we intend to sit down with the leaseholders, the City Attorney and City Councilmen and discuss the leases. Mr. Johnson felt quite pleased that the City is taking this course of action and said that at any time we chose his group would be willing to meet with us. Mayor Surfluh asked if it is the Councils wish he will appoint a committee of two to work on the policy to establish guide lines to formulate a means of expediting these matters in the future. Motion: Councilman Crass moved that Mayor Surfluh appoint a committee to work with the City Staff in formulating ways and means of expediting leases on the waterfront. Councilman Zinn seconded. Unanimously approved. B-4 Resolution Approving Agreement for Planning Services. Mr. White noted a letter dated January 17, 1966, from the County Clerk's Office regarding a proposed Agreement for Planning Services to the;:City by the County Planning Department, stating this agreement is based on a proposal submitted by Mr. Rogoway and which was adopted some months ago. He then discussed Items 1 through 4. Mr. White then reviewed the proposed Agreement. Mr. McIntire advised there are some items which may present a problem, therefore, at this time, he is not in a position to approve or dis- approve. Mr. White then recommended this item be deferred until the next regular Council Meeting. The matter was deferred until February 8, 1966. Mr. White stated the next item was added as it was inadvertently omitted from the Agenda. MINUTES - City Council Meeting January 25, 1966 PAGE TEN B-5 Resolution No. 10-66. RESOLUTION EXPRESSING SUPPORT OF MEMBERS OF THE ARM D FORCES IN VIET NAM. Mr. White stated this resolution formally expresses support of the Armed Forces in Viet Nam and was prepared at the request of the Council. Mr. White then read Resolution No. 10-66 in its entirety. Motion: Councilman Crass moved that Resolution No. 10-66 be approved. Councilman Zinn seconded. Roll call vote, unanimously approved. Mayor Surfluh declared a recess at 11:00 P.M. The meeting reconvened at 11:09 P.M. NEW BUSINESS C-1 Resolution No. 11-66. A RESOLUTION OF THE CITY COUNCIL OF THE CITY-UF RRO SAY, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 12TH DAY OF APRIL, 1966, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. Mr. White recommended this resolution be summarized and not read in full as it is quite long and all Councilmen have copies. Mr. White then summarized Resolution No. 11-66. Motion: Councilman Payne moved that Resolution No. 11-66 be read by title only. Councilman Zinn seconded. Roll call vote, unanimously approved. Mr. White then read Resolution No. 11-66 by title only. Motion: Councilman Zinn moved that Resolution No. 11-66 be adopted. Councilman Payne seconded. Roll call vote, unanimously approved. C-2 Resolution No. 12-66. RESOLUTION AWARDING CONTRACT FOR STREET MAINTENANCE SELECT SYSTEM PROJECT NO. S. Mr. White stated this is a maintenance program as set forth in the approved budget, and that it has been advertised for bid for applying Bituminous Seal Coat on Various Streets, Select System Project No. 5, in the City of Morro Bay. The low bid received was from R. H. Beecham in the amount of $5,355.00.which is well below the Engineer's estimate. He then recommended that R. H. Beecham be awarded the contract for this particular select system project. Mr. White then read Resolution No. 12=66 in its entirety. MINUTES - City Council Meeting January 25, 1966 PAGE ELEVEN Motion: Councilman Crass moved that Resolution No. 12-66 be approved. Councilman Zinn seconded. Roll call vote, unanimously approved. Mr. White noted the following item was added to the Agenda. C-3 Discussion concerning the granting of a variance to H. D. Waldron for a coin -operated car wash in a C-1 Zone. Mr. White stated this is a request for a variance to allow a coin - operated car wash in a C-1 Zone, on Lots 44, 4S and 46, Block 1, Morro Heights, City of Morro Bay. He then asked Mr. Rogoway to present this matter to the Council. Mr. Rogoway stated the proposed car wash4wil.l be located directly across from the Police Station and that an identical request was made last year, but was denied at that time. Application has again been made and this time the Planning Commission has recommended approval, subject to certain conditions. He then presented the proposed plan which showed the building in the middle of the property with two openings, 'in' and 'out' only, noting that traffic is such that in crossing over the double line on 5th Street, to make a left hand turn, a traffic hazard is created. However, this is not a condition of approval. Access is through two spaces and there is a holding area, for waiting and drying, with an equipment room inside of the building. The Commission discussed ingress and egress and it was agreed that the openings be flexible subject to approval of the Department of Public Works. There is also a large tree which will have to be removed. It is the recommendation of the Planning Commission that the entire property be paved and a 4 x 4 wooden barrier or prefab concrete curbing be installed to prevent cars from backing onto the sidewalk. There is an existing fence to the rear of the property. Councilman Zinn asked if there are any requirements for grading. Mr. Rogoway replied yes, this is up to the Building Official at the time he issues the Building Permit. Drainage will be away from the adjoin- ing property. Mayor Surfluh asked if the sewer connection is the proper way of dis- posing of run-off water. Mr. Rogoway said this type of situation can require a drain inside of the car wash building with a grease trap and that it would be advisable to require this as it is not necessary to drain the entire property. Mr. White stated the drainage will be sloped in the center and drainage for the lot will go into the gutter, but drainage from the car washing will go into the sewer. Councilman Payne asked about the sidewalks and was advised this is required by ordinance. He then noted the tree in the sidewalk area. Mr. Rogoway suggested this be referred to the Department of Public Works for their recommendations. Mr. White stated there are two trees, one on private property and one on the City right -of way, in the sidewalk area which belongs to the City. Councilman Zinn remarked that the lot appears to be cramped and that automobiles will be in close proximity, is the lot suited for this type of use? MINUTES- City Council Meeting January 25, 1966 PAGE TWELVE Mr. Rogoway replied that the Planning Commission recommended the driveway be wide enough to negotiate into these two areas and that they felt this use was proper for the lot. Councilman Payne noted the traffic flow, asking if there were any objections. Mr. Rogoway said as long as the traffic enters at one point and leaves through the other, there would be no objection, however, there would be problems if there are left hand turns as this would create a hazardous traffic condition due to site distances, speed of traffic, etc. Councilman Payne then solicited the Planning Director's opinion. Mr. Rogoway stated he gave no recommendation originally, and no recommendation at the last Planning Commission Meeting. He there- fore would continue with his original position by not making any recommendation at this time. Councilman Payne stated he is personally against this operation be- cause of the traffic flow and the welfare of the City. Mr. Rogoway again noted the two entrances, stating this will help to make a profitable business and he does not see how left hand turns can be prevented. Councilman Zinn noted that when the car wash is full, cars may pro- trude into traffic lanes thus causing an accident. Mr. Rogoway again stated this is a very small parcel of land and it is difficult to determine what usable development can be placed on it without ask- ing for some deviation in the Code. The owner is very limited as to what he can do with the property. Mr. McIntire stated the zoning that exists in the area is now C-1 and the request is for a variance. A car wash is not provided for anywhere in the Ordinance. They are listed as a C-2 use but this is normally thought of as the same type of car wash we have known in the past, a mechanical type of operation. A coin operated car wash is a new concept in their use. The Planning Commission can render a decision that this use is similar in performance to other uses in this a C-1 district and no variance would be required. Councilman Zinn asked the results of the Planning Commission•vote and was advised it was unanimous and there were four Commissioners present. Mr. McIntire. said the Government Code specifically provides when you can grant a variance. This is a factual determination the Council has to make. Specifically, you can grant a variance only when, be- cause of conditions applicable to the property, denial of the zoning deprives the property owner of privileges which are enjoyed by other property owners in the same vicinity. If you don't grant the variance, is the man being deprived of something the other man in the same category has? Is it taking something away; not being benefited by it? Councilman Payne stated he felt this matter should be refused because of the hazardous conditions on Sth Street, and that he would personally like it reviewed again by the Planning Commission. MINUTES - City Council Meeting January 25, 1966 PAGE THIRTEEN Mr. McIntire questioned as to whether a.variance is necessary or not, stating that what is being asked for is a determination and the way to handle this would be to have the Planning Commission, under the zoning ordinance determine whether this particular car wash is the type of car wash to be allowed in an area zoned C-1. Gas stations are C-1 use; a car wash is C-2 use. A gas station does not need a variance. The Council can refer this to the'Planning Commission for a determination pursuant to the City Ordinance as to the precise zone classification for this particular type of use. Mr. McIntire then recommended that the Planning Commission determine the zone and classification. Motion: Councilman Payne moved that this request for a variance be referred back to the Planning Commission for determination as to whether the allowable use will be C-1 or C-2. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bowen, Payne, Zinn and Mayor Surfluh NOES: Councilman Crass Mr. White commented on the trees on'and adjacent to the aforemention- ed property and recommended the City seek expert advice from a valid tree surgeon as to whether the trees are dangerous and should be re- moved or reshaped. This will have some bearing on the action of the Council in regards to said trees. The matter was then referred back to the Planning Commission for determination of the Zoning Classification. C-4 Discussion on road widening construction.on Frontage .between Hill Street and Avalon Avenue, SS Project No. 22. Mr. Taylor stated this is a culvert located near the end of Avalon Street, running under the Frontage Road and Freeway to the High School Property and it is often used by school children as an under- pass. The City proposes to close off one end and fill the other and extend the drainage pipe to ahother drainage structure leading into it. It will be necessary to widen the Street to the curb line and extend the pavement. Plans have been presented to the Division of Highways and approval has been received. Authorization is now needed from the Council to advertise this project for bid. The work will be performed by the City using gas tax money at an approximate cost of $6200, of which $5000 will be from gas fax funds and $1200 from the General Fund. This project is necessary to prevent the hazard to children falling into this hole and using the four foot culvert as an underpass to the High School. Mr. White stated the City Staff concurs in this recommendation as it will eliminate a dangerous situation and solve the drainage problem, as well as prevent children from using the culvert as an underpass. Motion: Councilman Zinn moved that the plans and specifications for this drainage project be approved and that this project be advertised for bid. Councilman Payne seconded. Unanimously approved. CORRESPONDENCE MINUTES - City Council Meeting January 25, 1966 PAGE FOURTEEN 1. Minutes, San Luis Obispo County Water Resources Advisory Commit- tee, January 4, 1966. Mr: White noted all members of the Council have received a copy, as well as the press. 2. Board Order, dated January 10, 1966, re: Resolution No. 7-66, Resolution Authorizing Quitclaim of Real Property to City of Morro Bay. (Parks) Mr. White noted this relates to Parks and the Quitclaim will be consumated by the Board of Supervisors at a public hearing on February 7, 1966, at 10:00 A.M. This is in conformance with our request. 3. Letter, dated January 21, 1966, from Mrs. Wm, Nagano, President, Morro Union Elementary PTA, re: Crossing at Highway one and Indigo. Mr. White read the letter in its entirety, stating we concur as to the hazard one hundred percent with the findings of the PTA. He then recommended that we do everything possible to initiate some action by the Division of Highways, possibly a full freeway status and overhead ramp. Councilman Payne noted this letter has also been sent to the Division of Highways and that we should take this under consideration immediate- ly. Councilman Zinn concurred, particularly as it is used so much by the school bus. He then suggested the matter be referred to the City Engineer and City Staff. 4. Letter, dated January 20, 1966, United States Senate, re: Communication concerning Morro Rock. S. Letter, dated January 17, 1966, Thomas H. Kuchel, thanking the City for the illustrated brochure of Morro Rock. 6. Letter, dated January 17, 1966, George Murphy, assuring Morro Bay of his continued support of H.R. 1582 relating to Morro Rock. . 7. Letter, dated January 21, 1966, Division of Highways, re: Signed copy of first amended budget approval for expenditure of State allocated (Section 2107) funds for 1965-66 fiscal year. Mr. White stated this is in conformance with our resolution, recently passed, and these are the total amounts accrued during this fiscal year in this particular fund. 8. Letter, received January 1S, 1966, from Lynne Jander and Joe Ellen Scott, of the 5th Grade Class, wanting to know why we have to chain up our dogs. Mr. White read the letter of Lynn Jander, stating he had replied to the Sth Grade Class. 9. Letter, dated January 12, 1966, Morro Bay Chamber of Commerce, re: Financial statement for the Chamber covering year ending December 31, 1965. MINUTES - City Council Meeting January 2S, 1966 PAGE FIFTEEN Mr. White then noted the total receipts, disbursements and balance on hand as of December 31, 1965. 10. Letter, dated January 20, 1966, Morro Bay Garden Club, express- ing appreciation to the City for the use of the Recreation Hall for their Christmas Sale on December 11, 1965, and noting that all proceeds will be used for landscaping the two traffic islands at the intersection of Sth and 6th Streets. 11. Notice of Channel Counties Division League of California Cities, Quarterly Meeting in Santa Paula on Thursday, February 10, 1966. Mr. White stated he would again remind the Council of this meeting date. Motion: Councilman Zinn moved the correspondence be received and ordered filed. Mayor Surfluh seconded. Unanimously approved. ADJOURNMENT Motion: Councilman Crass moved the meeting be adjourned seconded. Unanimously approved. Meeting was adjourned at 12:09 P.M. Need White, City Cler Mayor Surfluh NOTICE OF SPECIAL MEETING There will be a special meeting of the City Council and the Planning Commission on Friday, January 21, 1966 at 8:30 P.M. in the City Recreation Hall, 7th and E Streets, to consider the following: AGENDA 1. Selection of City Director of Planning and Building. . S. Sur lui, ayor 'ty of Morro ay Dated: January 20, 1966 CITY OF MORRO BAY AGENDA - City Council Meeting January 11, 1966 - 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MTNIITFC 1. Regular meeting of December 14, 1965. 2. Special meeting of December 21, 1965. 3. Regular meeting of December 28, 1965. HEARINGS, APPEARANCES & REPORTS A-1 Litigation Report. A-2 Harbor.Report for month of December. UNFINISHED BUSINESS B-1 Ordinance No. 36, An Ordinance Creating and Adding Part V to Chapter I, Title IV of the Morro Bay Municipal Code (Moving of Buildings). (Second.and final reading) B-2 Submission of Bids for Construction of Sanitary Sewer Trunk Line. B-3 Resolution re: County Services Relating to the Conduct of a General Municipal Election: B-4 Resolution Approving Contract for Chlorine. NEW BUSINESS C-1 Proposed ordinance re: City Council Salary. C-2 Proposed ordinance re: City Clerk and City Treasurer Salaries. C-3 Request to rent building on existing harbor lease from R. C. Rose and W. Chuba. C-4 Letter re: Declaring the City of Morro Bay and the County of San Luis Obispo to be a rabies area. C-5. Letter of invitation to attend the Southern Regional Assessors Association Conference in Morro Bay - January 19 to 21, 1966. C-6 Request.of R. B. Shultz to be included within Improvement District No. 2. C-7 Request for information re: Summer Theatre. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT Calendar I. Council Meetings: January 25 and February 8, 1966. 2. Planning Commission Meetings: January 18 and February 1, 1966. MINUTES - City Council Meeting January 11, 1966 Morro Bay Recreation Hall The City Council meeting was called to order at 7:34 P.M. in the Morro Bay Recreation Hall with the Pledge of Allegiance. Mayor Surfluh gave the invocation. ROLL CALL Present: Councilmen Bowen, Payne, Zinn and Mayor Surfluh. Absent: Councilman Crass MINUTES Mr. White advised that the minutes of the regular meeting of December 28, 1965, are not ready for presentation at this time and asked that they be deferred to the next regular meeting. Motion: Councilman Zinn moved that the reading of the minutes of the regular meeting of December 14, 1965, and special meet- ing of December 21, 1965, be dispensed with. Councilman Payne seconded. Unanimously approved. Mr. White noted a correction in the minutes of the regular meeting of December 14, 1965, Page 5, Item B-7, Line 3, 'who is the original leaseholder' is incorrect and therefore should be stricken. Motion: Councilman Payne moved that the minutes of the regular meet- ing of December 14, 1965, be approved as corrected, and the special meeting of December 21, 1965, be approved as written. Councilman Zinn seconded. Unanimously approved. HEARINGS, APPEARANCES $ REPORTS Mayor Surfluh noted that the City Attorney was late in arriving and suggested that Item A-2 be discussed at this time. A-2 Harbor Report for month of December. Mr. White stated that, as a matter of information, the Monthly Report of the Morro Bay Harbor will be presented at the first Council meet- ing of every month. .Copies will be made available to each Councilman and to the press, thus bringing it to public view in this manner. A-1 Litigation Report Mr. McIntire stated a considerable amount of work has been done within the last two weeks relating to the Thomas, et al., vs County, et al., law suit, some of which he is not in a position to comment on tonight. He did however, point out that on January 6, a 'Demand for Undertaking' was filed on each of the Plaintiffs. This demand is in accordance with Section 947 of the Government Code which pro- vides that any public agency who is sued can at any time, during the law suit, file a demand against the Plaintiff thus requiring the Plaintiff to put up a substantial sum, in this case between $100 and $200 each, as an advance on costs which may be.awarded against that party. If this money is not deposited with the Courts by each Plaintiff within twenty days, in this case by January 25th, the case MINUTES - City Council Meeting January 11, 1966 PAGE TWO against the Plaintiff must be dismissed by the Court. This means the Plaintiffs who are serious in this case must now pay into Court the specified sum or obtain a bond with a corporate bonding company who will put up the money. The ones who fail to do this will be dismissed from the law suit. This demand for undertaking, to a non - lawyer, is merely a legal 'put-up or shut -up'. For the first time the Plaintiffs will be required to anti -up to indicate their serious- ness in this action. This is also an excellent opportunity for those Plaintiffs who wish to gracefully withdraw. Councilman Zinn asked if any other Plaintiff could provide the bond or money for a Plaintiff who does wish to continue with the suit, assuming one party lets the period of time elapse and another Plaintiff is aware of what is happening, can he go to the Court with $100 or $200 without that particular Plaintiff's consent? Can one Plaintiff provide all the money for all Plaintiffs in the action or any two Plaintiffs for the rest? Mr. McIntire replied that just how the Plaintiff gets the money is no concern of the Court. Mr. McIntire stated that a compromise judgment would result in the Plaintiff being liable for all costs incurred by the City in the event they fail to obtain a judgment more favorable to said Plaintiffs. They must file to show the City they are prepared to pay whatever costs are assumed against them. No report given at this time on other court actions in which the City is a party, however, a report will be given at the next meet- ing. Councilman Zinn asked if there was a time limit on interrogatories filed. Mr. McIntire stated that there is a time limit and they have receiv- ed the County's objections. The Plaintiffs have filed a motion to extend their time to answer from the normal fifteen days until March 1, 1966. A-3 Discussion on San Luis Obispo County Water Resources Advisory Committee Meeting of December 7, 1965. Mayor Surfluh suggested that if the Council was in agreement, it might be well, at this time, to read the minutes of the San Luis Obispo County Water Resources Advisory Committee Meeting of December 7, 1965. Mr. White then read Item 3, and a discussion was held. Mayor Surfluh advised a meeting will be held on January 18th to consider public hearings on two items, both relating to water delop- ment. The hearing will be to determine if the County will extend the area of use for Naciemento water, which they undoubtedly will start paying for sometime during the last of 1966 or early 1967, and which will entitle the County to approximately 2000 acres the first year. The County at that time will agree to pay for the water. The pre- sent agreement for Naciemento water between San Luis Obispo and Monterey Counties just includes the use within Zone 2, which is Paso Robles and Atascadero area. At a previous meeting it was felt by the Advisory Committee that recommendations should be made to the County Board of Supervisors that the area of use be expanded to cover MINUTES - City Council Meeting January 11, 1966 PAGE THREE the whole County of San Luis Obispo, and second, that the County start paying for the water. He said if we don't start paying, we will .lose it, and even though we do not have a storage area, -for the welfare of the community and the whole county, payment should start now and the addition of distribution facilities made later. This should be of great concern to all within the County and those interested should attend the meeting on January 18th, at 10:00 A.M. This request will be forwarded from the San Luis Obispo County Board of Supervisors to the Monterey County Board of Supervisors and their agent will then request the State Agency for the expan- sion. The second item will be to extend the use of Jack and Santa Rita Creeks use to include the City of Morro Bay, and this, being within the County, will also require a public hearing. Mayor Surfluh stated there may be some objections so proponents will be needed to speak in favor of both of these proposals. It is in the best interests of the County that both hearings be attended by all concerned and in the event there is any opposition, every effort should be made to overcome said opposition. UNFINISHED BUSINESS B-1 ORDINANCE NO. 36. AN ORDINANCE CREATING AND ADDING PART V TO CHAP ER , TITLE IV OF THE.MORRO BAY MUNICIPAL CODE (MOVING OF BUILDINGS). (Second and final reading) Mr. McIntire read Ordinance No. 36 by title only, noting this is the second reading. Councilman Zinn asked if this included all the amendments. Mr. White stated yes, this is a revised copy, and that it could be read again'in full including the amendments, however, reading by title only would be sufficient. The amendments were all read at the last regular meeting. Motion: Councilman Zinn moved that Ordinance No. 36 be read by" title only. Councilman Payne seconded. Unanimously approved. Mr. White then read Ordinance No. 36 by title only. Motion: Councilman Payne moved that Ordinance No. 36 be adopted. Councilman Bowen seconded. Roll call vote, unanimously approved. B-2 Resolution No. 1-66. RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER TRUNK LINE. Mr. White advised that on January 7, 1966, at 2:00 P.M. he and the City Engineer met with contractors submitting bids which were pub- licly opened and read. The lowest bid received was $52,578.50 from W. M. Lyles Company who fully complied with the bid requirements. Mr. White then recommended the Council accept the low bid, noting that this bid is considerably lower than the Engineer's estimate of $56,195.00 Mr. White then read Resolution No. 1-66 in its entirety. MINUTES - City Council Meeting January 11, 1966 PAGE FOUR Motion: Councilman Bowen moved that Resolution No. 1-66 be approv- ed. Councilman Zinn seconded. Roll call vote, unanimously approved. B-3 Resolution No. 2-66. 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.12, 1966. Mr. White stated this Resolution requests the Board of Supervisors to permit the County Clerk to perform certain functions for the General Municipal Election on April 12, 1966. Mr. White read Resolution No. 2-66 in its entirety. Motion: Councilman Zinn moved that Resolution No. 2-66 be approved. Councilman Payne seconded. Roll call vote, unanimously approved. Mr. White read a letter, dated January 10, 1966, from Martin 6, Chapman Co., Ltd., Election Suppliers, regarding the filing of nomination papers. The first day voters may sign and candidates may file nomination papers is January 27th and the last day and hour for filing is 12:00 o'clock noon, February 17th. He then noted that a Candidates Statement of Qualifications Form shall be issued to each candidate at the time of issuing his nomination papers, however, filing of this form by the candidate is not mandatory but permissive. It was suggested that, as is done in other cities, each candidate be required to pay a deposit for the Statement of Qualifications at the time of filing, however, this is an indeterminate amount as it is not known which candidates will file. Councilman Zinn suggested that we require a filing fee, and Mr. White recommended that this policy be adopted stating that a refund can be made if the full amount is not used. Minute Order called for stating that candidates post a deposit at the time of filing. Mayor Surfluh stated that if this is not acted upon now it will have to be taken care of at the next meeting. Mr. White requested that this be taken care of at this time and suggested that $20.00 might be equitable, inasmuch as we have no past experience due to the fact that it is a new requirement of the elections code. The fee will depend on how many choose to file the statement of qualifica- tions. If fees are higher candidates will be billed for the addi- tional costs, or if they are less, a refund made. Motion: Councilman Payne moved that a $20.00 filing fee be required to cover possible costs of billing for the election. Councilman Zinn seconded. Unanimously approved. Councilman Payne then stated it is understood the fee will be re- turned if it is not used. Mr. White replied, yes, if a Statement of Qualifications is not filed, no fee will be required. MINUTES - City Council Meeting January 11, 1966 PAGE FIVE Councilman Zinn then requested clarification as to the Statement of Qualification that a candidate is eligible to file when he has the required ten signatures. Mr. White stated a candidate must file a completed petition and the $20.00 is charged only if he wishes to file the Statement of Qualifications. The statement can only be accepted at the time of filing of the nomination papers and at no other time. B-4 Resolution No. 3-66. RESOLUTION AWARDING CONTRACT FOR THE PURCHASE OF LIQU D CHLORINE. Mr. White stated bids were received from Tops Chemical Company,. Jones Chemical Inc., and Los Angeles Chemical Company for the supply of liquid chlorine for use at the Wastewater Treatment Plant. Tops Chemical Company was the low bidder and he recommended the adoption of Resolution No. 3-66 awarding and authorizing signing of the con- tract. Mr. White then read Resolution No. 3-66 in its entirety. Motion: Councilman Zinn moved that Resolution No. 3-66 be approved. Councilman Payne seconded. Roll call vote, unanimously approved. Councilman Payne questioned, as a matter of information, the amount of chemical used in a years time. Mr. White advised that with the new plant in operation approximately a ton a month will be used, however, a more accurate estimate can be made after a three months period of operation. B-5 Resolution No. 4-66. RESOLUTION RELATING TO RENTAL OBLIGA- TIONS OF GREEN WEST ACRES CORPORATION. Mr. White noted the addition of Item B-5, relating to the Green West Acres Lease Payment. Mr. McIntire advised that the Council, in December, 1965, authorized a continued deferrment of lease payments for Green West Acres pending review and analysis by the City Attorney. However, due to Mr. Kardell's recent illness, their office has been unable to attend to this matter and they recommend the further extension of rent free time for Green West Acres Corporation. He stated a substantial amount of informa- tion has been received, but they have not been able to discuss the matter with Green West Acres Corporation or those involved, and are therefore unable to present a report to the Council at this time. He then suggested that rather than have a series of extensions of time, that an extension of 90 days be given at this time which should be enough time to resolve the matter. Mr. McIntire then read Resolution No. 4-66 in its entirety. Motion: Councilman Zinn moved that Resolution No. 4-66 be approved. Councilman Bowen seconded, roll call vote, unanimously approved. MINUTES - City Council Meeting January 11, 1966 PAGE SIX NEW BUSINESS C-1 $ ORDINANCE NO. 41. AN ORDINANCE AMENDING THE MORRO BAY C-2 MUNICIPAL COI 0 PROVIDE FOR SALARIES OF CITY COUNCIL, CITY CLERK AND CITY TREASURER. Mr. McIntire stated C-1 and C-2 will be combined in this matter. The City Attorney has prepared an ordinance amending the Municipal Code by providing salaries for both the City Council, City Treasurer and City Clerk. Mr. McIntire then read proposed Ordinance No. 41 in its entirety. Mc. McIntire stated this proposed ordinance was prepared in accord- ance with instructions from the Council. It is necessary to estab- lish the salary of Councilmen, City Clerk and City Treasurer by ordinance in order to comply with the law. He then noted Sections 2202 and 2203 of the Municipal Code which read 'the City Council shall by resolution establish the salary of the City Treasurer and City Clerk'. This must be done by ordinance and the two items have been combined in this proposed ordinance. Mr. White noted Sections 3 and 4 this segregates the duties of the and if this ordinance is adopted City Treasurer be hired. of the proposed ordinance, stating City Clerk and City Treasurer it is proposed that a part time Councilman Zinn stated he had expressed his views previously on Council salaries and he feels that although this ordinance would be an expense to the City it would serve another purpose in that it would encourage local citizens to run for City offices who are well qualified, yet may have limited incomes, as the financial burden of so serving as Councilman is considerable., Councilman Payne concurred with Councilman Zinn's statement. Councilman Zinn stated normally he would be against any additions to the City Budget but in this case it may encourage others in years to come. Motion: Councilman Zinn moved that Ordinance No. 41 be read by title only. Mr. McIntire stated that since the ordinance has been read it may be introduced and this may constitute the first reading. Motion: Councilman Zinn changed his motion that the reading of Ordinance No. 41 be accepted as the first reading. Councilman Payne seconded. Roll call vote, unanimously approved. Mayor Surfluh stated he concurred with Councilman Zinn in that he has talked to several business people and many will not run for City offices due to their possibly suffering a financial loss. MINUTES - City Council Meeting January 11, 1966 PAGE SEVEN C-3 Request to rent building on existing harbor lease from R. C. Rose and W. Chuba. Mr. McIntire advised this is a request by Lessees of waterfront property for permission to rent a building on an existing lease. He then read letter dated January 3, 1966, from R. C. $ Margaret N. Rose and William Chuba, requesting permission to rent a build- ing on a month to month basis to Mr. Chuck Sites for an abalone processing plant at a rate of $60.00 per month. Council approval is required for assignment of subleases, and he recommended the matter be referred to the City Attorney for the establishment of facts and preparation of documents for presentation at the next Council meeting. Councilman Bowen asked if this could be expedited. Mr. White briefed the Council stating the building site involves a small independent building to the left of Rose's Restaurant and the intended use is for an abalone processing plant. Approval has been granted by the County Health Department and a business license will not be issued until approval is granted by all the necessary agencies, including the City. The building is sound and vacant. Requests have been received in the past for a produce stand and a diver's supply, but these requests were not granted due to various problems. He then recommended the request be approved, subject to proper recommendation by the City Attorney. Mr. McIntire stated this may not be satisfactory to the parties concerned, but if Mr. Rose and Mr. Chuba enter into an oral agree- ment with Mr. Sites, it must be a documented agreement with the City. If.Mr. Rose, Mr. Chuba and Mr. Sites wish to draw up an agreement and forward the same to the City Attorney this could be a basis for approval. The City Attorney may add to, or prepare a separate document requiring all parties to sign. This would then finalize the matter. He then advised it may take a little time to document the request and suggested the matter be tabled until January 25th. Motion: Councilman Payne moved this matter be presented at the next Council Meeting, under unfinished business. Councilman Zinn seconded. Unanimously approved. C-4 Letter re: Declaring the City of Morro Bay and the County of San Luis Obispo to be a rabies area. Mr. White noted that each Councilman is in receipt of a copy of this letter and that it is a matter of public information. Mayor Surfluh asked if the City is receiving better service from the Woods Animal Shelter. Mr. White stated that the articles in the press did a lot of good. Four trucks were dispatched the day after the article appeared and the response was good in Morro Bay. There are still some dogs running loose, but with limited personnel, only a token effort can be made. MINUTES - City Council Meeting January 11, 1966 PAGE EIGHT C-5 Letter of Invitation Assessors Association 19 to 21, 1966. to Attend the Southern Regional Conference in Morro Bay - January Mr. White noted each Councilman is in receipt of a letter dated January 5, 1966, from the County Assessor, San Luis Obispo, invit- ing Council members to attend the Southern Regional Assessors' Association Conference January 19, 20 and 21 at the Golden Tee Lodge. Item I, 'Marinas' should be of current interest to the City and will be discussed the first day starting at 11:15 A.M. All Councilmen were urged to attend. Mayor Surfluh advised that Mr. Joe Warnag'ieris has said all are free to come and go as they wish. C-6 Request of R. B. Shultz to be included within Improvement District No. 2. Mr. White stated that in the formation of Improvement District No. 2, certain facilities were requested to be installed. This request is not specifically to be included in the improvement district, but to be able to receive sewer service to their property. There are five lots on Highway 1, at the easterly portion of town; the busi- ness property of R. Shultz and several vacant lots, as well as the property of Bob Mills. At the time of construction of the Waste- water Treatment Plant, these were the only lots that could not be connected and they are without sewers and they now use septic tanks. This is in violation of the City Ordinance, but it was allowed in this instance since there is no provision to furnish service to them. Mr. Shultz has submitted the request and it is recommended that the City Engineer be authorized and directed to study this particular problem for the best possible answer, whether to include them in Improvement District No. 2, or as a separate assessment proceeding, whichever is most applicable. Motion: Councilman Zinn moved this matter be referred to the City Engineering Department for study and report. Councilman Payne seconded. Unanimously approved. C-7 Request for information re: Summer Theatre Mr. White read letter dated December 29, 1965, from Thomas-C. Carroll requesting information regarding a business license and other perti- nent information concerning the installation and operation of a summer theatre during the months of June, July and August. The Business License Ordinance does not take into consideration this type of business, only carnivals and circuses and he questioned whether this matter should be treated in this category Also that the proper zoning would have to be considered and whether a variance or conditional use permit would be required. Further that tents would be required to be tested for flame proofing and meet other require- ments. Councilman Zinn said he feels the letter should be answered and information requested as to the type of summer theatre and whether they have a permanent place of business in order that it may be checked by the Police Department. MINUTES - City Council Meeting January 11, 1966 PAGE NINE Mr. White stated the Business License Ordinance needs revision as there are some instances where it would be to the City's advantage to require the posting of a performance bond. Motion: Councilman Zinn moved that Mr. Carroll's letter be answer- ed, the necessary information supplied him as he requested, and asking the nature of his summer theatre and a few pertinent questions relating to it. Also that the Planning Commission be asked what areas would be best suited for this type of operation. Councilman Bowen seconded. Unanimously approved. C-8 Resolution No. 5-66. RESOLUTION SETTING DATE AND TIME FOR HEARINGOF PP L F DENIAL OF VARIANCE TO DARWIN TARTAGLIA. Mr. White advised this is a resolution to consider a variance for a five foot rear yard setback on Lot 4, Block 1, Morro Bay Vista Tract No. 3, City of Morro Bay, and set a date for a public hearing. Mr. White then read Resolution No. 5-66 in its entirety. Motion: Councilman Payne moved that Resolution No. 5-66 be adopted. Councilman Bowen seconded. Roll call vote, unanimously approved. Public Hearing was set for February 8, 1966. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney. Resolution No. 6-66. RESOLUTION RELATING TO LEASE SITE 200 and 201 AND RESCINDING RESOLUTION NO. 134-65. Mr. McIntire stated this matter has been pending for several weeks and relates to lease sites 200 and 201. Council is aware that several weeks ago, a Use Permit was requested by Central Coast Investors who are lessees of 200 and 201. The Use Permit asked the City Council to grant permission to Central Coast Investors and others to pass over certain other City properties with construction vehicles for the purpose of constructing improvements on the lease sites. By resolution the Council authorized the granting of such a Use Permit, subject to proper documentation by the City Attorney's office. Since this Use Permit relates directly to one of the leases on the waterfront, it has been scrutinized with care. After complet- ing an investigation our conclusions are that the City Council cannot grant this Use Permit. The granting of this permit will very likely result in the relinquishment by the City of very valuable and -suit- able property rights which are now possessed by the City in lease sites 200 and 201. City Officials, employees of the Department of Public Works, Fire Department, etc., cannot grant approvals or permits for construction relating to these lease sites without Council approval. The reason they cannot is that in doing so they may',be waiving very substantial rights to the property which the City now has. These leases are now in substantial breach of their agreement and have been for some months. Specifically, the leases were entered MINUTES - City Council Meeting January 11, 1966 PAGE TEN into in 1963, effective April 1st, and the lease provides that all of the improvements that were contemplated under the lease were to have been constructed and completed prior to June 1, 1965. The access road may have been put in, but the file doesn't disclose that it has been constructed. The improvements have not been in- stalled and these are the improvements they now propose to install. This is definitely a legal breach. The lessee has failed to include the City as an additional insured under its insurance policy, not- withstanding a request from the Director of Public Works on July 13, 1965. It is apprarent from a copy of a letter from the District Attorney to the Board of Supervisors relating to these sites that an interest in the lease has been assigned without approval. No approval has been requested by the City, legally speaking, and these breaches by the lessee of this lease give to the City substantial and valuable property rights in the lease premises that may mean the lease is terminated, but whatever the rights -are, they are sub- stantial rights. Further, City property cannot be given away by the City Council because of the obligations as trustee and keeper of the public property. By granting the Use Permit, the City would be giving away some or all of these rights which it now has: In effect, you cannot stand by and watch another man perform an act and not say anything and then turn around and say that he was doing something wrong and in so doing, claim damages. The Use Permit application specifies that the lessee wants the Use Permit to build the improvements which should have been built last year, but if you grant the permit to build, the permit is authorized to amend the lease to some extent and waive the specific date which was set forth in the lease. The same doctrine is true to a slightly lower degree when we talk about a building permit or construction permit. By giving such a permit without Council approval an employee could be waiving a right. Therefore City employees may not approve an applica- tion or they may prejudice the City in these substantial rights. It is necessary to view this entire matter in perspective, to go into the background. There is a substantial piece of property involv- ed, 1200' x 200' - 240,000 sq ft, near the waterfront. The annual rent is $1860 a year. Term of the lease is fifty years, not twenty years with an option to renew, but a flat fifty years. The file on the lease site indicates in a note of the Harbor Engineer that the gross income annually for this particular use will be approximately $48,000 a year on an eighty percent average occupancy for a ten month period. The lease provided that improvements on the property will possibly be in the approximate value of $50,000. If this is true, he have a $S0,000 capital expenditure and gross $48,000 annually on a fifty year lease, at a return to the City of $1860 per year. There are no real property taxes. This has been a good deal for the lessee from the start. Under the terms of the lease, engineering and construction work were required to be completed by June 1965. They had only to build an access road within three months of the date which the lease was granted and within twenty-seven months install the camp site improvements. There has been no construction of the improvements. This reviews the lessees obligation to the lessor and he was warned at least once to meet the provisions of the lease. It can be assumed under the circumstances that he had been advised of the requirements of the lease document as they are perfectly distinct in the lease. The Lessee bid on these specific terms. They have MINUTES - City Council Meeting January 11, 1966 PAGE ELEVEN also employed the former Harbor Engineer who drafted the letter referred to, which was sent out by the County Administrator's Office. Thus we are unable to justify non-compliance with the lease. It is the City Attorney's opinion that the City Council cannot at this time grant this Use Permit as requested and must direct the appropriate officials of the City to cease and desist from any action on granting or approval of permits.relating to this lease site until approved by the City Council. This should be acted upon this evening. Councilman Zinn asked if there had been any litigation involving this particular lease site which would have caused the lessees to live up to their agreement by installing the road and construct- ing the required facilities they agreed to in the lease. Mr. McIntire replied that we are not aware of any litigation. Councilman Zinn asked if the County issued a Use Permit. Mr. McIntire replied that to the best of our knowledge and to the extent that can be determined, there has been no County approval on any of these matters. The lease provides that the Master Plan for the lease must be approved prior to the right to construct any improvements. A Master Plan of sorts was submitted, however, this is as far as our files indicate.and there has been no formal or informal approval. Late in 1964, they did refer to an access road, but we find nothing approving anything along these lines. In an unrelated matter, an assignment was approved by the County. A letter from the District Attorney to the Board of Supervisors dis- closes that Central Coast Investors has succeeded to the interest of Mr. Hart. We don't know whether the assignment has been made or is still up for approval as our office has not been approached. The lessee seems to be taking the position that the City has no interest in the lease or the property as they haven't named the City and County as additional insured. All prior inquires have been directed to the County and the only communication we have re- ceived is that requesting the Use Permit. Councilman Payne stated that it appears from the existing informa- tion that the Council has no other alternative to take and recommend- ed that we cease and desist from taking any action on these leases until further information is received. Mr. McIntire advised that since former Resolution No. 134-65 granted a Use Permit, it`must be rescinded by resolution of the Council. Motion: Councilman Payne moved that we cease and desist in any action relating to lease sites 200 and 201 at this time and that Resolution No. 134-65 be rescinded. Mr. McIntire then verbally proposed the wording for Resolution No. 6-66, Resolution Relating to Lease Site 200 and 201 and Rescinding Resolution No. 134-65. Motion: Councilman Payne moved that Resolution No. 6-66 be approved. Councilman Bowen seconded. Roll call vote, unanimously approved. 0 i MINUTES - City Council Meeting January 11, 1966 PAGE TWELVE Mr. McIntire advised that Mr. Little has checked the property and there are some stakes, not definite however, and that no work has been performed on the facility since the harbor dredging. Mrs. Kit Walling asked whether the dredging sand placed on the lease site would have any effect on the construction of the improvements requested of the lessees. Mr. White replied that the added fill should have made construction more feasible. Mr. McIntire stated that we have been unable to determine any factor which would be a legal basis for avoiding one of these express con- ditions of the lease contract, dredging sand or any other factor. Councilman Zinn asked whether it would be appropriate to have the use of this lease reviewed by the Planning Commission prior to initiation of the General Plan or 701 Plan. Councilman Payne stated this area was included in the Harbor Plan, therefore, we should have some measure as to what the area will be. Mayor Surfluh stated it will not be too long before this will all be gone over in detail by the planners. Mr. McIntire stated that it is to the benefit of the Council to for - stall any permanent improvements on the property until such time as the plan has been adopted, as it will disclose what the property should be used for and it might be well to defer any decisions regarding permits, since the initiation of the 701 Plan or General Plan is so close. Councilman Zinn stated he had talked with several property owners in the vicinity of the Shell Service Station on Highway 41 and Frontage Road and they are disturbed over the height and brightness of the recently installed shell sign. They have asked that the matter be brought to the attention of the Council and request a letter be sent to Shell Oil Company similar to the Planning Commission's letter, with copies to their public relations office, asking that a representative look into the situation in order that they may appreciate the problem these people have. He stated he would like to go on record, as the Planning Commission has, in asking the Council to give this matter some consideration and see if the request is legitimate. He then proposed the Council write a letter to the Shell Oil Company. Mr. White advised that Shell representatives have been in the area, however, they did not choose to come in and discuss the matter, but only made inquiry of the Department of Public Works as to what ordinance is in effect. He then suggested making specific recommenda- tions after an engineering study has been made." Councilman Zinn stated all residents have either signed or filed a letter, or both, and most realize the sign will still be there, but that a compromise settlement agreement would be agreeable. Mayor Surfluh stated that -he felt the sign should be lowered by at least twenty feet. MINUTES - City Council Meeting January 11, 1966 PAGE THIRTEEN Motion: Councilman Zinn moved that the City Administrator be directed to authorize staff members to look into and deter- mine what would be a reasonable height for the sign, bright- ness, sight distance, height of the overpass, etc., and send this information to the Shell Oil Company requesting they give it serious consideration. Councilman Payne seconded. Unanimously approved. Mr. White stated that some six months ago the Planning Commission initiated a program to make a presentation to members of the Senate asking their support of HR 1582, endorsed by this City Council and submitted to Congress by Congressman Talcott. He then presented a copy of a descriptive brochure, stating that copies have been addressed to each individual member of the Senate with a cover letter to the Senators of California, informing them of our act. It was noted that Senator Morse of Oregon took exception concerning the fee involved, as he believes the State should pay the government for the rock. CORRESPONDENCE Letter,dated December 14. 1965, City of Orange, re: Resolution No. 2559, A Resolution of the City Council of the City of Orange Expressing Support and Devotion to the Members of the Armed Forces of this Country Fighting in Viet Nam. Mr. White stated this is to reaffirm our foreign policy. Mayor Surfluh concurred. Minute Order called for to prepare a resolution on the subject dis- cussed. Motion: Councilman Zinn moved that a resolution be prepared and presented at the next Council Meeting. Councilman Bowen seconded. Unanimously approved.. 2. Letter, dated January 5, 1966, Division of Highways, re: Estimated apportionment of Section 2107 and 2107.5 (Engineering) funds to cities during 1966-67 fiscal year. 3. Letter, dated January 10, 1966, Division of Highways, re: Estimated revenue to accrue during 1966-67 fiscal year under Section 186.1, Streets and Highways Code. Summary of Apportionments of Motor Vehicle License Fees for period June 1, 1965, through November 30, 1965, dated December 28, 1965. Letter, dated December 29, 1965, John Carollo Engineers, re: Morro Bay - Cayucos Wastewater Treatment Plant,"1964 Additions Mayor Surfluh asked a question concerning the d6ficiencies in the splitter box. Mr. White advised that this will be corrected as it was improperly designed and all costs will be assumed by Carollo Engineers with no cost to the City. He further stated the City has yet to receive a final audit and approval from the U.S. Department of Health, Education and Welfare, however, they MINUTES - City Council Meeting January 11, 1966 PAGE FOURTEEN have been notified of completion and it is expected final payment of the grant funds will be received shortly. Mayor Surfluh asked about the outfall line and if any further trouble was noted. Mr. White stated this was evidently caused by extreme winds and 'high tides. 6. Letter, dated January 5, 1966, Division of Highways, re: Assembly Bill No. 3404, adding Section 74.5 to the Streets and Highways Code. Mr. White stated that if the City again pursues the extension of Atascadero Road we will have to comply with the section of the statutes. 7. Resolution No. 2-66, Board of Supervisors, dated January 3, 1966, re: Resolution of Intention to request that the place of use under License 7543, Permit 10137, Application 16124, be expanded to include the entire territory of San Luis Obispo County Flood Control,and Water Conservation District. Mr. White stated this was covered earlier.in the minutes of the meeting of the San Luis Obispo County Water Resources Advisory Committee of December 7, 1965. 8. Board Order, dated December 29, 1965, re: Matter of Letter re. State Water Rights for City of Morro Bay. Mr. White stated this is a referral to�the Hydraulic Engineer for preparation of the necessary petition to implement the request to the County to petition the State Water Rights Board to enlarge place of use of Santa Rita and Jack Creeks water rights permits to include the City of Morro Bay. 9. Letter, dated December 31, 1965, League of Women Voters, request- ing permission to solicit voter registration in the general area of San Luis Obispo and Morro Bay. Mr. White stated permission was granted and a 'no fee' business license is in effect. 10. Letter, dated January 6, 1966, American Legion, re: Commendation from Clair Tyler Post 703, American Legion publicly commending the Morro Bay Police Department for their cooperation during the recent visit of National Commander James to Morro Bay. 11. Copy of letter, dated January 6, 1966, Denial of Richie Jensen as a member of Tyler Post 703, American Legion. to Editor, The Sun, re: representative of Clair 12. Letter, dated January 3, 1966, Greater Morro Bay, Harbor Develop- ment Association, expressing appreciation to the City Council for. reports made at recent meetings and informing citizens of actions being taken regarding waterfront litigation. 13. Letter, dated January 4, 1966, League of California Cities, re: Interim Committee Hearing re: Beach Erosion. MINUTES - City Council Meeting January 11, 1966 PAGE FIFTEEN Mr. White stated a copy was forwarded to each Councilman. Motion: Councilman Zinn moved the correspondence be received and ordered filed. Councilman Payne seconded. Unanimously approved. ADJOURNMENT Motion: Councilman Payne moved the meeting be adjourned. Councilman Zinn seconded. Unanimously approved. n Meeting was adjourned at 10:13 P.M. RECORDED BY: C. ed White, City Clerk.