Loading...
HomeMy WebLinkAboutJanuary to DecemberNOTICE OF ADJOURNED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an adjourned regular meeting on Monday, December 19, 1977, at 5:OO.p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to con- sider applicants for Planning Commissioner. DATED: Decmeber 15, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California By: ARDITH DAVIS Deputy City Clerk 0 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting December 19, 1977 5:20 p.m. City Hall Conference Room The meeting was called to order at 5:20 p.m. by Mayor Mitchell. PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None Council members interviewed Richard Baxter, Rosemary Flamion, Paul Kelsay, and Charles Reasor for the 'two vacant positions on the Planning Commission. It was.noted that L. J. Devliri..was unable to be present for an interview, but still wished to be considered for re -appointment. Council members discussed -the qualifications of the various applicants. MOTION: Councilman Brown moved that Richard Baxter and L. J. Devlin be re -appointed to the Planning Commission. The motion was seconded by Councilman Pipitone. There was discussion on the motion. Councilman Brown withdrew his motion and Councilman Pipitone his second. There was more discussion about the composition of the Planning Commission and the accessability of the Commissioners. MOTION: Councilman Pipitone moved that Council re -appoint Richard Baxter to the Planning Commission. The motion was seconded by Councilman Rowland.and carried with Councilman Shelton voting no. MOTION: Councilman Shelton moved that Paul Kelsay be appointed to.the Planning Commission. The motion was seconded by Councilman Rowland. There was more discussion on this motion. The motion carried with Councilman Brown voting no. MOTION: Councilman Pipitone moved that Council give a vote of support to the appointments. The motion was seconded by Councilman Shelton and unanimously carried. MOTION: Councilman Shelton moved that the meeting be adjourned. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 6:45 p.m. Recorded by: 11A17" M. L. WARDEN, City Clerk PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the regular meeting of the Morro Bay City Council scheduled for December.26, 1977, has been cancelled by minute order of the City Council. DATED: December 13, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M. fr. WARDEN, City C er NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, December 12, 1977, at 7:30 p.m., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the appeal of Elenor Kolb from Planning Commission granting a Negative Declaration Status for the reconstruction of floating docks for Paul Myers, 253 Main Street, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against, or in modification of said appeal. DATED: November 23, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California 1-h'A - r C� By: M. L. WARDEN, City Clerk 9 0 NOTICE OF PUBLIC HEARING The City Council of the City of Morro Bay will hold a public hearing on the issue identification and proposed tasks to be completed in accordance with the Local Coastal Program as required by the Coastal Act of 1976. Copies of the "Coastal Issues Summary" are available in the office of the Planning Director in City Hall, 595 Harbor Street, and at the Morro Bay Branch of the County Library. The public hearing will be held in the Recreation Building at Dunes and Shasta Streets, at 7:30 p.m. on Monday, December 12, 1977. At the public hearing, it will be possible for any interested member of the public to submit comments relative to this phase of the Local Coastal Program. DATED: December 1, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M. L. WARDEN, City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL December 12, 1977 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call A. CONSENT CALENDAR 1. Minutes of the regular meeting of November 28, 1977 2. Minutes of the executive meeting of November 28, 1977 3. Expenditure Report, 11-16-77 through 11-30-77 (RECOMMEND APPROVAL) 4. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 5. Resolution No. 104-77 approving ambulance contract (RECOMMEND ADOPTION) 6. Ecomar agreement for study of reclamation/disposal alternative (RECOMMEND APPROVAL AND AUTHORIZATION FOR MAYOR TO SIGN) 7. Resolution No. 105-77 accepting deed from Chevron U.S.A., Inc. for Del Mar Park property (RECOMMEND ADOPTION) 8. Claim of E. V. Greenelsh for sewer damages at 710 Ridgeway (RECOMMEND AUTHORIZATION FOR PAYMENT OF $500) B. HEARINGS, APPEARANCES AND REPORTS 1. Hearing -on appeal of Elenor Kolb from Planning Commission approval of Negative Declaration Status for Meyers' boat docks at 253 Main Street, Lease Site No. 37W 2. Appeal of Fred C. Witt from Planning Commission denial'of request to approve art exhibit and sale on the parking lot of the Anchorage Restaurant, 998 Embarcadero 3. Public hearing on Coastal Issues Summary C. UNFINISHED BUSINESS 1. Consideration of landscape architect for Del Mar Park D. NEW BUSINESS 1. Consideration of request for sidewalk painting, Sid's Place, 911 Main Street 2. Consideration of request for amusement parlor business license 3. Consideration of request for extension of water equivalency allocation E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. Public Comment 2. City Council 3. City Attorney 4. City Administrator 9 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 12, 1977 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Rowland, Shelton and Mayor Mitchell ABSENT: Councilman Pipitone STAFF PRESENT: Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael T. LeSage, City Attorney Dave Braga, Parks and Recreation Director Richard Schacht, Police Chief Doug Stuart, Public Works Director Bernard Zerr, Fire Chief Ardith Davis, Deputy City Clerk A. CONSENT CALENDAR 1. Minutes of the regular meeting of November 28, 1977 2. Minutes of the executive meeting of November 28, 1977 3. Expenditure Report, 11-16-77 through 11-30-77 (RECOMMEND APPROVAL) 4. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 5. Resolution No. 104-77 approving ambulance contract (RECOMMEND ADOPTION) 6. Ecomar agreement for study of reclamation/disposal alternative (RECOMMEND APPROVAL AND AUTHORIZATION FOR MAYOR TO SIGN) 7. Resolution No. 105-77 accepting deed from Chevron U.S.A., Inc. for Del Mar Park property (RECOMMEND ADOPTION) 8. Claim of E. V. Greenelsh for sewer damages at 710 Ridgeway (RECOMMEND AUTHORIZATION FOR PAYMENT OF $500) r Mayor Mitchell reviewed all items on the Consent Calendar. Under Correspondence was a letter from the City of California City calling for the reorganization of the Criminal Justice System. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-8, with the understanding that approval means taking the action recommended by the City Administrator. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. Mayor Mitchell noted that Councilman Pipitone was absent this evening because of an illness in the family. Mr. Warden reviewed the comparative costs for the alternate reclamation disposal project using Texaco pipelines. A new outfall is anticipated to cost $5.2 million as opposed to using the Texaco pipe- lines for a cost of $1.0 million. B. HEARINGS, APPEARANCES AND REPORTS 1. Hearing on appeal of Elenor Kolb from Planning Commission approval of Negative Declaration Status for Meyers' boat docks at 253 Main Street, Lease Site No. 37W MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 12, 1977 Page Two Mr. Nuzum stated that the applicant had filed for a Negative Declaration status for reconstruction of floating docks in the area of 253 Main Street. The reconstruction would accommodate sixteen boats which is the number presently being occupied by boats in this area. The Planning Commission granted the Negative Declaration status on November 7, 1917, subject to future review of parking plans, lavatories and showers, and landscaping. Mr. Warden advised that the Coastal Commission encourages using Environmental Impact Reports for associated areas of new projects, thereby eliminating some of the paperwork and expenses. In this case, there have been several EIR's prepared for other projects along the waterfront. Mayor Mitchell declared the hearing open at 7:49 p.m. and stated that he would first entertain comments in favor of the appeal, or, that an Environmental Impact Report should be required on this project. He asked Mr. Warden to read a letter from the appellant, Mrs. Kolb, since she was unable to attend the meeting because of an illness. Mr. Warden read Mrs. Kolb's letter of December 10, 1977. Comments in favor of the appeal were heard from Ralph Peters, Orval Leage and Dorothy Cutter. They felt that an Environmental Impact Report on this sensitive area was necessary. Dave Sinsheimer, representing Fred H. Schott & Associates and Mr. Meyer, spoke in opposition to the appeal. He stated that this was an upgrading of substandard facilities and is not an expansion. E. V. Greenelsh also spoke in favor of the Negative Declaration Status. As there were no other comments, the hearing was closed at 8:30 p.m. There was considerable discussion on this project with regard to whether or not it was an expansion, its impact, and the upland facilities, such as marking for twenty parking spaces. Councilman Shelton felt that there were significant questions, such as impacts on residences in the area, dredging, etc., which needed to be answered and which could effectively be done through an EIR. Mayor Mitchell felt that the real question was whether or not the project would have a significant effect on the environment. MOTION: Mayor Mitchell moved that the appeal be denied. The motion was seconded by Councilman Brown. Mr. LeSage suggested that included in the motion be the findings that -Council upholds Planning Commission action and that the project does not involve any significant change of the existing use. Mayor Mitchell amended his motion to include that Council upholds Planning Commission action to grant a Negative Declaration Status on this project, and Council finds that the project does not involve any significant change of the existing use. The amendment was accepted by Councilman Brown and carried on the following roll call vote: AYES: Councilmen Brown, Rowland and Mayor Mitchell NOES: Councilman Shelton 2. Appeal of -Fred C. Witt from Planning Commission denial of request to.approve.art exhibit and sale on the parking lot of the Anchorage Restaurant, 998 Embarcadero MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 12, 1977 Page Three Mr. Nuzum stated that the application was for approval of an art exhibit and sale to be held on a portion of the parking lot at the Anchorage Restaurant, 998 Embarcadero. Since the area is in a P-D District, Planning Commission review was required. The Planning Commission felt that although there was plenty of room for the display on the parking lot, this type of business might set a precedent along the Embarcadero and there are already several "fairs" held throughout the year by the Art Association for this type of business. It was noted that the request was for weekend use only. There was discussion with regard to the numerous parking spaces in the Anchorage parking lot and Mr. Warden explained that at the time the Anchorage building was considered, it was anticipated that there would eventually be an expansion of the Anchorage facilities requiring the parking spaces beyond those needed for the first phase of construction. The applicant, on his own initiative, provided the additional spaces although a lesser number was required by the City for the project as eventually built. Mayor Mitchell declared the hearing open at 8:58 p.m. and asked if anyone wished to make a presentation in favor of the appeal. Mr. Witt stated that his only reason for requesting this use is for additional revenue. The hearing was closed at 9:58 p.m. There was discussion among Council members about setting a pre- cedent if this sort of activity were allowed at this site. It was decided that, if the activity should be encouraged, rules and regula- tions should be established to govern outdoor sales. MOTION: Councilman Brown moved that the appeal of Fred C. Witt from Planning Commission denial of his request for sales in the parking lot at the Anchorage, be denied. The motion was seconded by Mayor Mitchell and carried on the following roll call vote: AYES: Councilmen Brown, Rowland and Mayor Mitchell NOES: Councilman Shelton MOTION: Mayor Mitchell moved that the matter of outdoor craft sales on the Embarcadero and in the downtown area be reviewed by the Planning Commission and recommendations for same made to City Council. The motion was seconded by Councilman Brown and unanimously carried. RECESS 9:10 P.M. RECONVENED 9:25 p.m. 3. Public hearing on Coastal Issues Summary Mr. Nuzum explained that the Coastal Issues Summary is required under the Coastal Act of 1976 and is the first step in preparing the Local Coastal Program. Its purpose is to identify those areas in conflict with the Coastal Act policies and to offer potential tasks to resolve these issues. Mr. Nuzum stated that the document has been available to the public for approximately two months; there has been a hearing before . the Planning Commission and their comments have been included in the Summary; and the Summary has been forwarded to the Coastal Commission, MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 12, 1977 Page Four although their comments have not yet been received. Mayor Mitchell declared the hearing open at 9:40.p.m. and.asked if anyone wished to make comments on the Coastal Issues Summary. Bob Hitt, President of Morro Bay Commercial Fishermen's Organi- zation, stated that he would like to see the control of the bay left in the hands of the local government. As there were no further comments, the hearing was closed at 9:44 p.m. Councilman Shelton had several comments with regard to the wording in some of the issues. The changes made are as follows: Page 11, number 5, change sentence into two sentences; "Analyze and define the concept of prime agricultural' land. Determine the agricultural availability of the Chorro and Morro Watershed area." It was noted that the word "ratify" should be "satisfy" in number 7 on the same page. Page 24, under Proposed Tasks, number 2 was added; "Examine . whether recreational needs of new residents will deprive, limit or enhance visitors' coastal recreational needs." MOTION: Mayor Mitchell moved that the Coastal Issues Summary be approved as modified by the Planning Commission and the City Council. The motion was seconded by Councilman Brown and unanimously carried. C. UNFINISHED BUSINESS 1. Consideration of landscape architect for Del Mar Park Mr. Warden advised Council that the City had advertised for bids for the preparation of a development plan for Del Mar Park. Two bids had been received from Sedes,.and one from Ted Elder & Associates, both firms from San Luis Obispo, for $1200 and $1150 respectively. Staff had interviewed both bidders and had decided that Ted Elder & Associates had the most to offer. MOTION: Councilman Brown moved that the Mayor and City Clerk be authorized to enter into an agreement with Ted Elder & Associates for $1150 to develop a Master Plan for Del Mar Park. The motion was seconded by Councilman Rowland and unanimously carried. D. NEW BUSINESS 1. Consideration.of request for sidewalk painting, Sid's Place, 911 Main Street Mr. Warden explained that the restaurant owners at 911 Main Street wished to paint some cartoon figures on the sidewalk in front of their business. The Planning Commission had recommended denial on the basis that it was not known how long the paint would last, it could be dangerous as far as slipping on the painted surface, and it could set an undesired precedent. Mr. Warden stated that the matter was brought before the Council because the area requested is on City right-of-way and Council must make determinations on the use of these 0 MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL December 12, 1977 areas, however, the matter had been presented to the Planning Commission first so that the Council could benefit from their recommendations. The applicatn was not present to give additional information. Councilman Shelton felt that the matter should be looked into further to resolve some of the safety questions and to question the applicant with regard to this use. MOTION: Councilman Brown moved that the request to paint the sidewalk on Main Street in front of Sid's Place, be denied. The motion was seconded by Councilman Rowland and carried with Councilman Shelton voting no. 2. Consideration of request for amusement parlor business license Mr. Warden stated that the applicant was requesting to put an amusement parlor business in at 430 Morro Bay Boulevard. The ordin- ance states that the City Council must make a decision on these types of businesses. Investigations by the Chief of Police and the Planning Director show no reason why the application should be denied. The representative of the applicant, Mr. Baird, was present and answered several questions put by Council. MOTION: Mayor Mitchell moved that the application of Scott Sells for a business license to operate an amusement parlor be granted. The motion was seconded by Councilman Shelton and unanimously carried. 3. Consideration of request for extension of water equivalency allocation Mr. Warden advised Council that Mr. Day had been allocated water equivalencies for two single family dwellings during the first quarter which began April 12, 1977. This water equivalency and building permit expired August 9, 1977. Mr. Day has now requested an extension of his water equivalency allocation. Since there is no provision in the ordinance for extensions of water equivalencies, this matter is brought to the Council for resolution. Mr. Don Day stated that he had merely overlooked the necessity of beginning the project by a certain date. He did not feel that the sixty day requirement to begin construction was emphasized enough by the City. There was discussion on this matter among Council members with the decision that they could not allow the extension of the water equivalency at this time since it was not provided for in the ordin- ance. Staff was, however, directed to prepare a proposed amendment to the ordinance to provide for extension of water equivalencies when circumstances beyond the control of the applicant arise to prevent him from complying with the time restraints. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. Public Comment ('a) Mrs. Collier stated that she lives in North Morro Bay on Ironwood and is having considerable difficulty with 11 • MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL December 12,. 1977 people controlling their dogs. Dogs have become a nuisance in that they get into garbage containers and scare people out walking. She has been unsuccessful in attempting to get Animal Control personnel into Morro Bay before 8:30 p.m. Council members discussed this matter and Staff was directed to look into the intensified patrolling by the Animal Control Department of Morro Bay. (b) Bruce Risley asked at what Council meeting was authori- zation made to seek amendments to the Coastal Act. Mr. Warden said it was several weeks ago when he had advised Council of the Nejedly hearings in Monterey. Specific approval for seeking amendments was not involved in the discussions, however, Council was apprised of the general approach to be included in the proposed presentation. 2. City Council Council members had nothing to report at this time. 3. City Attorney (a) Mr. LeSage requested an executive session to discuss possible -litigation matters. 4. City Administrator (a) Mr. Warden reported on the Nejedly Committee hearings in Monterey on December 9th and loth. (b) Mr. Warden stated that the Coastal Commission Staff report on the Filer appeals has recommended approval of the twenty plus projects under consideration, however, Mr. Warden had been contacted this morning by Coastal Commission Staff stating that building in Morro Bay will be shut-off after the approval of pending permits. The definition of "pending" has not been determined nor has the Staff analysis supporting this recommendation been provided to the City. This is a complete turn -around of their written recom- mendations. (c) Mr. Warden advised Council that the water situation has not gotten any better and people have been increasing their water production. It may be necessary, in the near future, to implement Phase II of the water rationing procedures. This matter was discussed and it was felt that it would be helpful if the press would bring the fact of the increased production to the attention of the public so that they would again be conscious of water usage. Council members directed that Mr. Warden call a special meeting if the water situation deteriorates so that action can be taken, if required, by the Council before the next regular meeting in January. ADJOURNMENT MOTION: Councilman Brown moved that the meeting adjourn to executive session. The motion was seconded by Councilman Shelton and unanimously carried. The meeting adjourned to executive session at 11:06 p.m, and returned to regular session at 11:26 p.m. MOTION: Councilman Shelton moved that the meeting be 'adjourned. The motion was seconded by Councilman Brown and unanimously carried. MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL December 12, 1977 The meeting adjourned at 11:26 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk 9 • CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL November 28, 1977 7.30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call A. CONSENT CALENDAR 1. Minutes of the regular meeting of November.14, 1977 2. Minutes of the executive meeting of November 14, 1977 3. Financial Statement, 7-1-77 through 10-31-77 (RECOMMEND APPROVAL) 4. Expenditure Report, 11-1-77 through 11-15-77 (RECOMMEND APPROVAL) 5. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 6. Resolution No. 100-77 approving assignment of Lease Site No. 150 from Bickford to Pioneer Transit Mix, Inc. (RECOMMEND ADOPTION) 7. Resolution No. 101-77 approving submission of supplemental Annual Transportation Claim (RECOMMEND ADOPTION) 8. Transfer Voucher No. 7-8-06 in the amount of $4,200 to State Compensation Insurance for final audit (RECOMMEND APPROVAL) 9. Claim of Carlyne West for personal damages (RECOMMEND DENIAL) B. HEARINGS, APPEARANCES AND REPORTS None C. UNFINISHED BUSINESS 1. Request for further analysis of alternate reclamation disposal project 2. Approval of Planning Commission Resolution No. 93-77 adopting a Conflict of Interest Code D. NEW BUSINESS 1. Request for abandonment of Pico Street Stub 2. Consideration of water equivalencies for High School expansion 3. Consideration of participation in State Water Project 4. Resolution No. 102-77 calling the general municipal election 5. Resolution No. 103-77 adopting regulations for candidates pertaining to materials and costs thereof E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. Public Comment 2. City Council 3. City Attorney 4. City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 28, 1977 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT:_ Councilmen Brown, Piptone, Rowland, Shelton and Mayor Mitchell ABSENT: None STAFF PRESENT: Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael T. LeSage, City Attorney Dave Braga, Parks and Recreation Director Doug Stuart, Public Works Director Bernard Zerr, Fire Chief Ardith Davis, Deputy City Clerk A. CONSENT CALENDAR 1. Minutes of the regular meeting of November 14, 1977 2. Minutes of the executive meeting of November 14, 1977 ° 3. Financial Statement, 7-1-77 through 10-31-77 (RECOMMEND APPROVAL) 4. Expenditure Report, 11-1-77 through 11-15-77 (RECOMMEND APPOVAL) 5. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 6. Resolution No. 100-77 approving assignment of Lease Site No. 150 from Bickford to King City Transit Mix, Inc. (RECOMMEND ADOPTION) 7. Resolution No. 101-77 approving submission of supplemental Annual Transportation Claim (RECOMMEND ADOPTION) 8. Transfer Voucher No. 7-8-06 in the amount of $4,200 to State Compensation Insurance for final audit (RECOMMEND APPROVAL) 9. Claim of Carlyne West for personal damages (RECOMMEND DENIAL) Mayor Mitchell reviewed all items on the Consent Calendar. Items under Correspondence included a letter from Norman and Elizabeth Floweadew complimenting the merchants in Morro Bay, a letter from William C. Morley complaining about Cable TV service, and a letter from Perry O. Pults and C. W. Burke in opposition to the new sewer charge. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-9, with the understanding that approval means taking the action recommended by the City Administrator. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS None C. UNFINISHED BUSINESS 1. Request for further analysis of alternate reclamation disposal project Mr. Warden briefed the Council on the City's efforts to obtain two abandoned Texaco pipelines for an outfall or as a part of a 0 0 MINUTES - MORRO BAY CITY COUNCIL - Regular Meeting November 28, 1977 Page Two reclamation system. He stated that the State Water Resources Control Board is interested in the City's efforts and will fund'-858 of the costs of an analysis of this project. The City, then, will be responsible for 15% or $17,933 anticipated costs for the additional oceanographic and soils analysis work. Mr. Warden requested that Council authorize the transfer of $17,933 from Unobligated Reserve for this project and authorize the Mayor and City Clerk to enter into an Addendum of Agreement with John Carollo Engineers to perform this work. He noted that the work will involve testing the soils on the Domenghini property whose permission will have to be obtained to do this. MOTION: Councilman Brown moved that the Mayor and City Clerk be authorized to enter into an Addendum of Agreement with John Carollo Engineers to perform the work required for this project and that $17,933 be transfer from Unobligated Reserve to take care of the expenses. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. 2. Approval of Planning Commission Resolution No. 93-77 adopting a Conflict of Interest Code Mayor Mitchell noted that the Planning Commission had adopted a Conflict of Interest Code and it was in order for the City Council to approve the Code at this time. Codes from other departments would be forthcoming at a later date. MOTION: Councilman Brown moved for the approval of Planning Commission Resolution No. 93-77. The motion was seconded by Councilman Rowland and unanimously carried. D. NEW BUSINESS 1. Request for abandonment of Pico Street Stub Mr. Warden stated that Mr. Mons Hauge has requested that the City abandoned the Pico Street end to which his property adjoins. Mr. Warden referred this matter to Staff and they had recommended, initially, that it be abandoned. However, the Planning Commission recommended that it not be abandoned because of the difficulties in assuring access to each of the three contiguous property owners. It was also felt that while the property would require additional maintenance as a mini -park, it could be converted into a possible sitting area with benches, etc. Mr. Warden recommended that the property not be abandoned. Mr. Hauge stated that the reason he wished the property abandoned is because it is a redrock road and is not maintained by the City. If he owned the property, he could maintain it himself. He stated that there are numerous holes in the street which he and a neighbor have to drive over in order to get to their driveway. There was considerable discussion on this matter with Mayor Mitchell pointing out that if the City did abandon the property, each contiguous property owerner would be entitled to their share of the abandonment and might possibly do something with the property that would prevent Mr. Hauge from getting into his driveway. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 28, 1977 Page Three It was decided that Mr. Hauge would attempt to secure a written waiver from the property owners regarding their use of the property and work with Staff to secure the necessary quit- claims or other documentation. 2. Consideration of water equivalencies for High School expansion Mr. Warden explained that high school water uses are not provided for in the building limiation ordinance, therefore, they must be assigned a category for their proposed expansion. It is anticipated that the expansion will create an additional use of 150,000 cubic feet of water per year. This equates to fourteen water equivalencies. Mr. Warden recommended that these equivalen- cies be taken from the residential category since the high school would be a support facility for residences. There was discussion on this matter with Councilman Shelton noting that since there will be most of the R-2 categories, or duplex, left over the equivalencies should come from that category. Mr. Nuzum stated that only one of the water equivalencies for the duplex category had been used this year which would enable the high school to have the rest and also use up the categories for next year. MOTION: Councilman Shelton moved that the water equivalencies for the high school expansion be allocated from the R- 2, duplex, carry-over. The motion was seconded by Councilman Pipitone and unanimously carried. There was discussion on the impact of Baywood students using Morro Bay High School and Councilman Shelton stated that he would like to see data from the High School to show the affects. 3. Consideration of participation in State Water Project Mr. Warden stated that Santa Barbara County will bring the question of the State Water Project to their voters by November, 1978. In anticipation of its being passed, San Luis Obispo County is preparing data to determine the needs of this County. For planning purposes only, with no commitment involved, Morro Bay has been asked how much water is requested from the State Water Project. Mr. Warden stated that it is anticipated that by the year 2006, Morro Bay will need an additional 3,030 acre feet. This amount, plus the 1500 acre feet from our wells, could satisfy our needs through 2015 to 2020. He recommended that Council approve forwarding this estimate to the County for planning purposes. Costs are estimated at $5 1/2 million for Morro Bay with an estimated acre foot cost of from $200 to $450. It is possible that Morro Bay could exchange our State allocation for Whale Rock water. Councilman Shelton felt that the City should only plan on 1500 acre feet. There was further discussion on this issue and it was stressed that this is not a commitment, but for planning purposes only. MOTION: Mayor Mitchell moved that the City indicate to the Water Advisory Board that the City would be interested MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL November 28, 1977 in using 3,030 acre feet of water from the State Water Project. The motion was seconded by Councilman Brown and unanimously carried. 4. Resolution No. 102-77 calling and giving notice of the holding of a General Municipal Election to be held in the City of Morro Bay on Tuesday, the 7th day of March, 1978, for the election of three members of the City Council and the Mayor of said City as required by the provisions of the laws of the Sate of California relating to general law cities and consolidating said election with the Special County Election to be held on said date MOTION: Councilman Pipitone moved that Resolution No. 102-77 be read by title only. The motion was seconded by Council- man Brown and unanimously carried. Mr. Warden read Resolution No. 102-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 102-77. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. 5. Resolution No. 103-77 adopting regulations for candidates for elective office, pertaining to materials submitted to the electorate and the costs thereof for the General Municipal Election to be held in said City on Tuesday, the 7th day of March, 1978 MOTION: Councilman Brown moved that Resolution No. 103-77 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 103-77 by title only. MOTION: Councilman Brown moved that Resolution No. 103-77 be adopted. The motion was seconded by Councilman Pipitone and unanimously carried. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. Public Comment (a) Lila Keiser made some comments about the State drought situation and urged the Council to take some definite action. 2. City Council (a) Councilman Pipitone advised that he would be _ leaving the State on vacation for a week or so. 3. City Attorney (a) Mr. LeSage requested an executive session to consider possible litigation. 4. City Administrator (a) Mr. Warden advised the Council that December 26th, 0 MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL November 28, 1977 the second regularly scheduled Council meeting date in December, is a legal holiday. He asked if Council wished the meeting cancelled or wanted to set it to Tuesday. MOTION: Councilman Pipitone moved that the second meeting in December be cancelled. The motion was seconded by Councilman Brown and unanimously carried. (b) Mr. Warden advised that Mrs. Kolb had appealed the Negative Declaration Status given by the Planning Commission to Mr. Meyer's boat dock project on South Main Street. She had also requested that, because of a physical disability, the meeting be set for the latter part of January. According to ordinance, a hearing on an appeal must be held within 40 days after receipt of the appeal and the Council must render a decision within 40 days after the appeal. This makes it impossible to comply with Mrs. Kolb's request and at any rate, the applicant, Mr. Meyer is opposed to waiting that long for the hearing. Therefore, Mr. Warden stated that the hearing had been set for December 12th, and Mrs. Kolb can have a representative plead her case if she wishes. Council concurred with this action. (c) Mr. Warden advised that the City is eligible to receive $11,850.60 from the Safer Off System Fund Allocation which is to be used for the improvement of safety and capacity of existing non -Federal aid streets and highways. The County has offered to apply for these funds on behalf of the cities to eliminate the cities having to perform all the "red tape" work involved in apply for and receiving these funds. In exchange, the County will receive 25% of the funds the City is eligible for. Allowing the County to do this service for the City means that the City will receive more funds than if they tried to apply for the funds themselves. MOTION: Councilman Brown moved that proposal presented by the City Administrator to let the County apply for the City's Safer Off System Fund Allocation and reimburse the City with 75% of that money, be approved. The motion was seconded by Mayor Mitchell an unanimously carried. (d) Mr. Warden stated that the final date to accept Planning Commission applications is December 1st. To date, five applications have been received. He asked Council to set a date to interview these applicants. Council set Monday, December 19th, starting at 5:00 p.m., in the City Hall Conference Room to interview applicants for Planning Commissioner. (e) Mr. Warden stated that Harold Jackson, who was the City's Youth Services Coordinator under a CETA program had resigned from this position for another job. Since his resignation, the job he anticipated did not materialize and he has requested that he be re -hired to complete the CETA entitlement for the remaining nine months. Mr. Warden reviewed the demand on this service and recommended that the matter be referred to the Concern for Youth Council for study and make recommendations as to whether this position should be continued for the next nine months. Council concurred in this recommendation. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 28, 1977 Page Six ADJOURNMENT MOTION: Councilman Pipitone moved that the meeting adjourn to executive session for litigation matters. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned to executive session at 8:44 p.m. and returned to regular session at 8:59 p.m. MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Councilman Shelton and unanimously carried. The meeting adjourned at 8:59 p.m. 'Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL November 14, 1977 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call A. CONSENT CALENDAR 1. Minutes of the regular meeting of October 24, 1977 2. Minutes of the executive meeting of October 24, 1977 3.. Expenditure Report, 10-16-77 through 10-31-77 (RECOMMEND APPROVAL) 4. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 5. Resolution No. 96-77 accepting deed from Lennis E. Davis and authorizing recordation, Sunset Hilltop Property (RECOMMEND ADOPTION) 6. Resolution No. 97-77 accepting deed from Milton C. Rohrberg and Aileen E. Rohrberg and authorizing recordation, Sunset Hilltop Property (RECOMMEND ADOPTION) 7. Claim of Paul W. Roberts for sewer damages at 595 Kings Avenue (RECOMMEND AUTHORIZATION FOR PAYMENT OF $500.00) 8. Transfer of $5405 for water pump repairs .(RECOMMEND AUTHORIZA- TION OF TRANSFER VOUCHER NO. 7-8-07 FOR $5405'.00) B. HEARINGS, APPEARANCES AND REPORTS 1. Appeal of Elizabeth B. Williams from Planning Commission decision regarding architectural requirements on roof for La Casa Bon Mar Apartments, 3100 North Main Street C. UNFINISHED BUSINESS 1. Consideration of Resolution No. 98-77 supporting Sanctuary Committee's efforts to ban hunting in the bay 2. 1978 City Council Elections D. NEW BUSINESS 1. Consideration of Resolution No. 99-77 requesting consolidation of March 7, 1978, general municipal election with County special election 2. Consideration.of Wayne Bickford to assign lease holdings to King City Transit Mix, Inc., Lease Site No. 150 3. Consideration of dock plans, Lease Site No. 34W, Herbel E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. Public Comment 2. City Council 3. City Attorney 4. City Administrator 0 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November'14, 1977 7:30.p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None STAFF PRESENT: Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael T. LeSage, City Attorney Dave Braga, Parks and Recreation Director Doug Stuart, Public Works Director Bernard Zerr, Fire Chief Ardith Davis, Deputy City Clerk A. CONSENT CALENDAR 1. Minutes of the regular meeting of October 24, 1977 2. Minutes of the executive meeting of October 24, 1977 3. Expenditure Report, 10-16-77 through 10-31-77 (RECOMMEND APPROVAL) 4. Correspondence,�RECOMMEND ITEMS BE RECEIVED AND FILED) 5. Resolution No. 96-77 accepting deed from Lennis E. Davis and authorizing recordation, Sunset Hilltop Property (RECOMMEND ADOPTION) 6. Resolution No. 97-77 accepting deed from Milton C. Rohrberg and Aileen E. Rohrberg and authorizing recordation, Sunset Hilltop Property (RECOMMEND ADOPTION) 7. Claim of Paul W. Roberts for sewer damages at 595 Kings Avenue (RECOMMEND AUTHORIZATION FOR PAYMENT OF $500.00) 8. Transfer of $5405 for water pump repairs (RECOMMEND AUTHORIZA- TION OF TRANSFER VOUCHER NO. 7-8-07 FOR $5405.00) Mayor Mitchell reviewed all items on the Consent Calendar. Items under Correspondence included a letter from the Department of the Interior regarding a possible desalting plant demonstration program in Morro Bay; a letter from Dr. Robert E. Meyers, Jr., Coordinator of Recreation Administration at Cal Poly commending Dave Braga, the Recreation Director on the Department's Halloween program; and a letter from Patrick D. Linington of San Luis Transportation, Inc. advising that they would be discontinuing their taxicab service in Morro Bay as of November 15, 1977, because it is uneconomical. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-8, with the understanding that approval means taking the action recommended by the City Administrator. The motion was seconded by Councilman Rowland. Councilman Shelton requested that Item A-8 be removed from the Consent Calendar and considered separately. Councilman Brown amended his motion to exclude Item A-8 .. from the approval. The 'amendment was accepted by Councilman MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 14,. 1977 Page Two Rowland and the motion was carried unanimously by roll call vote. A-8 Transfer of $5405 for water pump repairs Councilman Shelton stated that he understood these repairs were required because of lower water levels in the well. He asked if Staff anticipated that it would be a continuing problem. Mr. Warden stated that the age of the pump was part of the problem, however, there is no way..of__saying whether or not this problem will occur again. MOTION: Mayor Mitchell moved for the approval of Item A-8 as recommended. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Appeal of Elizabeth B. Williams from Planning Commission decision regarding architectural requirements on roof for La Casa Bon Mar Apartments, 3100 North Main Street James Nuzum, Planning Director, reviewed the Planning Commission's actions in this matter. The property is in a C-1, S-9 district which requires Planning Commission architectural review. He stated that because of the vagueness of the wording in the Zoning Ordinance regarding S-9 review, the Planning Commission has discretionary powers. The applicant's request was to be allowed to construct a mansard roof along the portion of his apartments facing North Main Street. The Planning Commission felt that the building should be "dressed up" all the way around and not just on the side facing the highway. They granted the request on the condition that the roof be extended around the building. This action was taken under the S-9 provisions allowing the Planning Commission powers of review for "special architectural, landscaping, lighting and other special treatment requirements" for the S-9 district. The applicant has appealed this decision to the Council. Mr. Warden suggested that the wording of S-9 conditons should be reviewed and perhaps amended to be more specific as to the Planning Commission's responsibilities. Tom Boyd, appelant, stated that they have repaired the roof several times before and this time decided to upgrade the property with a mansard roof. However, to extend the roof all around the building would add an additional 60% to present costs and to require the roof to be extended around the entire building is unnecessary. Councilmen Pipitone and Rowland agreed with Mr. Boyd and felt that he could, at some future time, extend the roof around the building when he feels it is economically feasible. Councilman Brown stated that the S-9 requirements were, when originally adopted, intended to be applied to the property facing the highway. MOTION: Councilman Rowland moved the applicant be allowed has proposed. The motion and unanimously carried. C. UNFINISHED BUSINESS that the appeal be granted and to complete the development as he was seconded by Councilman Brown MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 14, 1977 Page Three �. 1. Consideration of Resolution No. 98-77 supporting Sanctuary Committee's efforts to ban hunting on the bay Mayor Mitchell stated that the Council had already heard from the Sanctuary Committee and was aware of their feelings regarding hunting in the Bay. He asked Mr. Warden to read the proposed resolution in its entirety, which was done. He then requested that opponents of the resolution present their views first and then proponents would get a chance for rebuttal. Hugh Thomas, Patrol Captain for the California Fish and Game in the Morro Bay area, reviewed the history of this problem. It is his feeling that no definite facts regarding hunting violations have been established. he stated that the Fish and Game Department is now compiling all complaints, etc., in order to document whether or not there actually is a problem. It was his opinion that, since a lot of the reports and complaints are during non -hunting season months, the violators are not hunters but people who are target shooting or otherwise using guns. Roy Parsons, a member of the Sportsmens Association, pointed out the Sanctuary Committee's error in asserting that the garbage left on the beaches, the dead birds, and the holes shot in signs were caused by sportsmen. Anybody could have been responsible for these activities including campers, dunebuggy riders, bird watchers, and children or people joy riding. ..These acts are -not necessarily acts committed by the sportsmen. Although there are some bad hunters, just as there are inconsiderate campers and other people, etc., for the most part, sportsmen are responsible people and respect the law and the rights of.others. He pointed out that considerable monies are contributed for conservation purposes and for the purchase of wetlands as a result of hunters buying duck stamps, weapons, and other equipment. Ron Layugan presented a petition with 3,321 signatures opposing the banning of hunting on the Bay. Other comments along the same lines as above were heard from Frank Thompson, John Vandenberg, Jay Tomilson, Henry Peterson, David Nelson, Harry Harvard, Al Chauvet, Mario Rasori, Martin Whitmer, and Todd Tognazzini. Those speaking in favor of the resolution were Mildred Pitt, Ron Miner, Tom Grantham, Susan Gage, Joan Orbison, Bruce Marshall, and Jeff Powell. RECESS 9:12 p.m. RECONVENED 9:23 p.m. Gene Joy showed a film taken while hunting in South Bay and expressed his feelings as to why hunting should be continued. Bob Gannon also spoke in favor of continued hunting in the Bay. There were then more rebuttal comments from the people in favor of banning hunting. Mayor Mitchell stated that Council has heard just about all the viewpoints to be presented on this issue and felt that it was time to turn the 'matter over to the Council for discussion. He pointed out that the proposed resolution only supports the position taken by the Sanctuary Committee; that it has no legal basis since the area in question is outside the City limits of Morro Bay. Mayor Mitchell MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 14, 1977 Page Four stated that he was in favor of the resolution because the population in: -the -area has increased and people are getting closer and closer to the hunting area, thereby endangering lives. Councilman Pipitone was not in favor of the resolution; he felt that the City had a policy of not taking stands on issues outside the City of Morro Bay. Councilman Rowland stated that eventually hunting would probably have to be curbed in the South Bay area, however, at this time, she felt that the Council should wait until a report of the situation is received from the Department of Fish and Game. Councilman Shelton stated that he, too, had revised his initial opinion regarding hunting in the Bay after hearing the testimony this evening. He felt that the resolution should be postponed until a report is received from the Department of Fish and Game. MOTION: Councilman Brown moved that the resolution banning hunting in South Bay be tabled until a report is received from Captain Thomas regarding the hazards of hunting on the Bay. The motion was seconded by Councilman Shelton and unani- mously carried. RECESS 9:55 p.m. RECONVENED 10:05 p.m. 2. 1978 City Council Elections Councilman Pipitone announced that he would not be running for Council in March, however, he would be a candidate for County Supervisor. Mayor Mitchell stated that the issue to be discussed concerning the City election is whether -to -make -one of the Council seats a two year term in order to more evenly balance the terms of Council members. The other decision to be made is whether the two year term should be a designated seat or should be awarded to the person receiving the third highest number of votes. Council members discussed this issue and decided that the candidate receiving the third highest vote would be seated for a two year term. MOTION: Councilman Brown moved that the candidate getting the third highest votes for City Council be elected for a two-year term. The motion was seconded by Councilman Rowland and unanimously carried. D. NEW BUSINESS 1. Consideration of Resolution No. 99-77 requesting consolidation of March 7, 1978, general municipal election with County special election MOTION: Councilman Brown moved that Resolution No. 99-77 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 99-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 99-77. The motion was seconded by Councilman Pipitone and unanimously carried. 2. Consideration of Wayne Bickford request to assign lease holdings to King City Transit Mix,,Inc., Lease Site No. 150 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 14, 1977 Page Five MOTION: Councilman Brown moved that the request of Wayne Bickford to assign Lease Site No. 150 to King City Transit Mix, Inc. be approved. The motion was seconded by Councilman Rowland and unanimously carried. 3. Consideration of dock plans, Lease Site No. 34W, Herbel Mayor Mitchell disqualified himself from discussion since his firm represents Morro Bay Fuel Dock who has an interest in the area under consideration. Mayor Pro Tem Brown took charge of the meeting. Mr. Jim Murphy representing the Morro Bay Fuel Dock interests, stated that they objected to the southerly finger pier on Mrs. Herbel's lease plans extending too far into the bay.- He said that it would make it very difficult for boats from the Morro Bay Fuel Dock lease area to utilize their slips. There was discussion on this matter with comments from Gladys Walton Herbel. MOTION: Councilman Brown moved that Council approve the proposed plans for Lease Site No. 34W contingent upon conditions of any fire requirements to be investigated by Staff. The motion was seconded by Councilman Shelton. Comments were heard from Cliff Schmidt regarding the difficulty of entering and leaving the Fuel Dock lease if the Herbel docks extended into the Bay as proposed. Mr. Warden suggested that it might be possible to.shorten the gangway to the docks, -thereby biinginq the -ends of -the finger piers back even with the Morro Bay Fuel Dock slips. Councilman Brown withdrew his motion and Councilman Shelton his second. Mrs. Herbel felt that moving the piers back would put them in too shallow of water. MOTION: Councilman Brown moved that Council approve the concept of the dock proposals for Lease Site No. 34W and that the City research the proposed shortening of the gangway; the approval to be subject to fire code requirements. The motion was seconded by Councilman Rowland. Councilman Shelton requested that the motion include agreement of the lessee to any changes. Councilman Brown amended his motion to include that the shortening of the gangway be subject to lessee's approval. Councilman Rowland accepted the amendment and the motion was carried with Councilman Pipitone voting no and Mayor Mitchell abstaining. Mayor. --Pro Tem Brown turned the meeting back to Mayor_ -Mitchell. E. INDIVIDUALDETERMINATION AND/OR ACTION 1. Public Comment There were no comments from the public. 0 9 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 14,.1977 Page Six 2. City Council (a) Councilman Rowland brought up her request from the last Council meeting about the parking situation on the east side of Kern near Pacific Street. .She asked if anything had been done about it. Mr. Stuart, Public Works Director, stated that the City will be widening the street on the west side of Kern between Pacific and Morro Bay Boulevard and moving the center line west, thereby creating additional room for parking and driving on the east side of the street. 3. City Attorney Mr. LeSage had nothing to report at this time. 4. City Administrator (a) Mr. Warden requested an executive session to discuss a personnel matter. (b) Mr. Warden stated that he had received word from the State Department of Water Resources that money will be forthcoming for the Cityto analyze an abbreviated reclamation outfall project using Texaco pipelines. (c) Mr. Warden reported on the letter from the Department of the Interior regarding the City's interest in a prototype desalinization plant in Morro Bay. (d) Mr. Warden reported on the increased activities of the Animal Control Regulation Department since the serious animal incidents that have recently taken place in Morro Bay. There is an increased public awareness of the intensified patrolling and people are keeping their animals in their homes or yards. (e) Mr. Warden reported that the Nedgley Committee hearings on the Coastal Act will be December 8th in Los Angeles and December 9th in Monterey. There will also be a meeting of the Land Use Management Committee on December 1st on the same subject. He stated that he planned to attend and outlined the presentation he would make. (f) Mr. Warden stated that the "Filer" appeal hearings will be held on November 17th at 9:30 a.m. at the Queen's Way Hilton in Long Beach. ADJOURNMENT MOTION: Councilman Brown moved that the meeeting adjourn to . executive session. The motion was seconded by Councilman Shelton and unanimously carried. The meeting adjourned to executive session at 10:46 p.m. and returned to regular session at 10:57 p.m. MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Councilman Pipitone and .. . unanimously carried. The meeting adjourned at 10:58 p.m. Recorded by: �n��� ��✓� M. L.-WARDEN, City Clerk By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL October 24, 1977 1:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call A. CONSENT CALENDAR 1. Minutes of the regular meeting of October 10, 1977 2. Financial Report, 7-1-77 through 9-30-77 (RECOMMEND APPROVAL) 3. Expenditure Report, 10-1-77 through 10-15-77 (RECOMMEND APPROVAL) 4. Resolution No. 90-77 requesting approval of Federal Aid Urban Project (RECOMMEND ADOPTION) 5. Resolution No. 91-77 accepting easement and directing recordation (RECOMMEND ADOPTION) 6. Resolution No. 92-77 accepting easement and directing recordation (RECOMMEND ADOPTION) 7. Claim of Carol Hatfield for personal damages (RECOMMEND DENIAL) 8. Award bid for waterworks material, Bid No. 3-77 (RECOMMEND APPROVAL OF DIRECTOR OF PUBLIC WORKS RECOMMENDATIONS) B. HEARINGS, APPEARANCES AND REPORTS 1. Appearance of representatives of Sanctuary Committee regarding hunting in bay C. UNFINISHED BUSINESS 1. Resolution No. 93-77 adopting the Land Use Element of the City General Plan 2. Consideration of -letter from Department of Transportation re- garding highway planting on Route 1 from South Morro Bay to San Jacinto 3. Consideration of parking enforcement program D. NEW BUSINESS 1. Appeal of H. L. Yocum and Sons from Planning Commission decision 2. Consideration of repair and construction requirements for Brebes Morro Bay Fisheries, Inc. T pier and associated lease sites 3. Resolution No. 94-77 accepting a pipe line conveyance, Texaco 4. Resolution No. 95-77 designating departments required to submit Conflict of Interest Codes E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. Public Comment 2. City Council 3. City Attorney 4. City Administrator i 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 24, 1977 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Donald Carey from the Presbyterian Church, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None STAFF PRESENT: Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael T. LeSage, City Attorney Dave Braga, Parks and Recreation Director Doug Stuart, Public Works Director Bernard Zerr, Fire Chief Ardith Davis, Deputy City Clerk A. CONSENT CALENDAR 1. Minutes of the regular meeting of October 10, 1977 2. Financial Report, 7-1-77 through 9-30-77 (RECOMMEND APPROVAL) 3. Expenditure Report, 10-1-77 through 10-15-77 (RECOMMEND APPROVAL) 4. Resolution No. 90-77 requesting approval of Federal Aid Urban Project (RECOMMEND ADOPTION) 5. Resolution No. 91-77 accepting easement and directing recordation (RECOMMEND ADOPTION) 6. Resolution No. 92-77 accepting easement and directing recordation (RECOMMEND ADOPTION) 7. Claim of Carol Hatfield for personal damages (RECOMMEND DENIAL) 8. Award bid for waterworks material, Bid No. 3-77 (RECOMMEND APPROVAL OF DIRECTOR OF PUBLIC WORKS RECOMMENDATIONS) Mayor Mitchell reviewed all items on the Consent Calendar. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-8, with the understanding that approval means taking the action recommended by the City Administrator. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Appearance of representatives of Sanctuary Committee regarding hunting in bay Mayor Mitchell stated that the City had been unable to determine if there was a committee formed to oppose the position taken by the Sanctuary Committee, however, the Council would hear what the Sanctuary Committee had to say and ask if anyone had comments in opposition to the Committee. Mayor Mitchell also stated that Morro Bay is a bird sanctuary and hunting is not allowed within the City limits, therefore, no official action could be taken by the Council since the area the Sanctuary Committee will be referring to is outside City limits. The Council can, if it so desires after hearing testimony from the Sanctuary Committee, take a stand in support of the Committee. MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL October 24, 1977 Joan Orbinson explained to the Council the Committee's concern about hunting in the bay between South Morro Bay near the State Park and the Los Osos area. Susan Gage displayed a map depicting the areas where noise is a problem, where dead shot birds have been found, and where shooting has caused danger to life and property damage. She asserted that the facts concerning the areas so depicted could be supported with written affidavits and/or the word of the individual involved.. Ms. Orbinson and Ms. Gage explained the difficulty they had in getting assistance due, she felt, to the Department of Fish and Game and the Sheriff's Department being unable to agree as to jurisdiction. Comments in support of the Sancturary Committee were heard from Jeff Powell, Mildred Pitt and Don Gates. MOTION: Mayor Mitchell moved that Staff be directed to prepare a resolution for Council consideration at the next Council meeting which expresses the goals of the Sanctuary Committee and which seeks to obtain the banning of hunting in Morro Bay Lagoon; this resolution to include the fact the the City of Morro Bay is a bird sanctuary. The motion was seconded by Councilman Brown. Councilman Pipitone stated that perhaps this was an unnecessary move since Morro Bay already is a bird sanctuary and the Police Department should be protecting the citizens of the City if they are being bothered by hunters even if the shots are technically fired outside the City limits. He also stated that only one side of the issue has been presented this evening. Mayor Mitchell said he hoped that the publicity given to this evening's meeting would bring the opposing side to the next meeting so that the Council can hear them also. The motion was unanimously carried. C. UNFINISHED BUSINESS 1. Resolution No. 93-77 adopting the Land Use Element of the City General Plan Mayor Mitchell stated that Council had referred this Element back to the Planning Commission after Council consideration at the last meeting with the recommendation that the area presently shown as tourist/commercial on South Main Street from Pacific to Olive be re- designated as high density. The Planning Commission had considered this recommendation and felt that the area between Pacific Street and Marina Street on Main Street should be retained as tourist/commercial and agreed with Council that the area from Marina to Olive should be re -designated high density. Council members indicated that they agreed with the Planning Commission's recommendation. MOTION: Councilman Brown moved that Resolution No. 93-77 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 93-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 93-77 to include the recommendation of the Planning Commission of October 17, 1977. The motion was seconded by Councilman Pipitone. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 24, 1977 Page Three Councilman Shelton stated that he finds the Land Use Element of the General Plan unacceptable on the basis that it is not internally consistent, it is not completely consistent between the map and the text, he disagrees with the development of tourist uses at the expense of the people, disagrees with the implied eastward expansion of the City, the Plan requires extensive amendments prior to utilization, and the Map was not published for citizen information. The motion was carried on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland and Mayor Mitchell NOES: Councilman Shelton 2. Consideration of letter from Department of Transportation regarding highway planting on Route 1 from South Morro Bay to San Jacinto:. . Mayor Mitchell stated that he had presented this matter for information only. The State Department of Transportation plans to spend approximately $70,00 for the 1980-81 fiscal year in planting Highway 1 from South Morro Bay to San Jacinto. No action was necessary. 3. Consideration of parking enforcement program Mr. Warden stated that the intensive patrolling of the downtown Morro Bay area was recommended by the City Parking Committee and adopted by the Council as a pilot project to see if the extra patrolling helped the downtown parking situation. In analyzing the program over the last six months, it is the estimation of the Chief of Police that this program is not necessary due to the fact that the parking spaces are not being used as much as was thought. The Chief has, therefore, recommended discontinuing this extra patrolling. Mayor Mitchell did not feel that the project should be evaluated soley on economics as the Chief has outlined in his memo on manpower versus income from citations. Councilman Shelton reminded the Council that the program was started to see if it was necessary. It has been analyzed by Staff and they have determined that the extra patrolling is not warrented. Councilman Brown suggested that the matter be referred back to the Parking Committee for their recommendations. Ray Gallo requested that Embarcadero parking enforcement also be considered by the Parking Committee along with the downtown area. Bob DeSomers said that the extra patrolling had kept traffic moving in the area of his store. MOTION: Mayor Mitchell moved that the parking enforcement program be continued as presently set up and refer the question of the.continued level of enforcement of the parking ordinance to the Parking Committee for their input and recommendations at the earliest possible date and that their consideration also include the Embarcadero area. The motion was seconded by Councilman Brown and unanimously carried. D. NEW BUSINESS 11 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL October 24, 1977 1. Appeal of H. L. Yocum and Sons from Planning Commission decision Mayor Mitchell disqualified himself from discussion and action in this matter as his law firm represents Mr. Peters who is a partner in H. L. Yocum and Sons. Councilman Brown took charge of the meeting and asked Mr. Warden to review this matter. Mr. Warden stated that the Planning Commission had denied the request of Yocums to construct a boardwalk and deck along the southerly side of their new restaurant building; the boardwalk would extend into the street end at Morro Bay Boulevard. Their denial was based upon the Council's policy not to allow private use of street ends. Mr. Warden stated that the proposed boardwalk, which will be made out of wood, would serve as a sidewalk and be used for and by the public. The Council's policy with regard to street ends has been against allowing a private lessee to use the area for profit. Mr. Warden recommended approval of the project with the following conditions: 1. Owners secure a Special Encroachment Permit acknowledging their responsibility and liability and carry the necessary insurance to indemnify the City against claims. 2. The area marked in yellow on the map Exhibit A be constructed at the owners expense so as to complete the street curb, gutter, and sidewalk from the public restroom building to their walkway. 3. The structure be maintained by the owners and they will provide railings or raise the proposed planters so as to act as a barrier. Bob Mills, representing H. L. Yocum and Sons, spoke in favor of the appeal. Councilman Brown opened the hearing at 8:35 p.m. and asked if any one wished to make comments regarding this appeal. As there were no comments, the hearing was closed at 8:36 p.m. Council members discussed the issue with the general feeling that their policy with regard to street ends concerned the lessee's private use of these areas. Since the proposed project was for public use, it was felt that it would enhance the area. MOTION: Councilman Pipitone moved that the appeal of H. L. Yocum and Sons from Planning Commission denial of construction on the street end next to their lease site be granted and that the City Administrator be directed to take the steps .. necessary to draw an agreement with the lessee including those items outlined above. The motion was seconded by Councilman Brown and carried with Mayor Mitchell abstaining. Councilman Brown turned the meeting back to Mayor Mitchell. 2. Consideration of repair and construction requirements for Brebes Morro Bay Fisheries, Inc. T Pier and associated lease sites Mr. Warden reviewed his memo to Council apprising them of this situation. With regard to the repair of the T pier, the problem is basically one of who is going to pay for it. It is the City's contention MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL October 24,. 1977 that Brebes Morro Bay Fisheries is responsible and it is Brebes position that repair of the pier, at this point, constitutes recon- struction and that the City should share in the costs. Mr. Warden suggested that since this is such a complex issue, the Council may want to refer it to a committee of two council members and Staff and representatives from Brebes. Mr. Gallo, representing Brebes, was in favor of this recommendation. Councilman Shelton thought that Council should give some direction to the Committee since correspondence urging Brebes to repair the pier had been going on since 1973. Mayor Mitchell stated that one of the alternatives suggested had been for the City to take over the pier. MOTION: Mayor Mitchell moved that a committee be appointed to meet and discuss this matter. The motion was seconded by Councilman Brown and unanimously carried. MOTION: Councilman Pipitone moved that Mayor Mitchell and Councilman Brown be the two Council members to serve on the committee. The motion was seconded by Councilman Rowland and unani- mously carried. Staff was directed to set the meeting up. 3. Resolution No. 94-77 accepting a pipe line conveyance, Texaco Mr. Warden reviewed his memo regarding this matter which suggested the City retain these pipes for either a storm sewer drain or, possibly, an outfall for an abbreviated wastewater/reclamation disposal project. MOTION: Councilman Brown moved that Resolution No. 94-77 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 94-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 94-77. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. Council also agreed to direct Mr. Warden to proceed with explora- tion of an outfall for an abbreviated reclamation project. 4. Resolution No. 95-77 designating departments required to submit Conflict of Interest Codes Mr. Warden stated that in accordance with the Fair Political Practices Act, department heads are also required to submit Conflict of Interests Codes and Statements. The proposed resolution requires that these codes be submitted to Council by December 1, 1977. MOTION: Councilman Brown moved that Resolution No. 95-77 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 95-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 95-77. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 24, 1977 Page Six E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. Public Comment (a) John Lemons asked the Council if it was their intention to be present at the appeal hearings regarding the Filer projects. There was considerable discussion on this matter with comments from Jay Runner and Lila Keiser. Council stated that it was their intention that Staff pursue this matter to its conclusion, however, Council would make a motion in order to clarify the issue. MOTION: Councilman Rowland moved that the City officials continue to pursue the course taken thus far in representing view- points at the Coastal Commission hearings regarding conditions imposed in the Filer decision. The motion was seconded by Councilman Pipitone and carried with Councilman Shelton abstaining. 2. City Council (a) Councilman Rowland stated that there is a traffic hazard at the corner of Morro Bay Boulevard and Kern because of the parking on Kern caused by the new apartments at Kern and Pacific. Mr. Warden stated that Staff would look into the matter. (b) Councilman Shelton stated that he had received a letter from Bill Morley concerning Cable TV and discussed it. (c)' Councilman Pipitone stated that through his travels in Colorado, he had noticed that the drought problem is not unique to Morro Bay; other states are experiencing similar problems. 3. City Attorney (a) Mr. LeSage requested an executive session to discuss pending litigation. 4. City Administrator (a) Mr. Warden reported that the Planning Commission terms of Richard Baxter and Dev Devlin expire December 31, 1977. He asked Council if they wished him to pursue applications for these positions in the usual manner. Council said yes. (b) Mr. Warden advised Council that City Hall will be fumigated the weekend of November 11, 12, and 13 and Council should plan not to go into City Hall that weekend. (c) Mr. Warden reported that the Channel Counties Division of the League of California Cities will be held in Port Hueneme on November 4th and asked which Council members intended to go. Councilmen Brown, Pipitone and Rowland stated that they would be going. I._a-L6181"41W0Q" MOTION: Councilman Brown moved that the meeting adjourn to executive session to discuss litigation. The motion was seconded by Councilman Pipitone and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 24, 1977 Page Seven The meeting adjourned to executive session at 9:23 p.m. and returned to regular session at 9:39 p.m. MOTION: Mayor Mitchell moved that the meeting adjourn. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned at 9:40 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk 0 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, October 10, 1977, at 7:30 p.m., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the appeal of Ludwig T. Dethlof for Federal Sign from Planning Commission denial of a sign exception permit for 280 Atascadero Road, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against, or in modification of said appeal. DATED: September 16, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California A44 By: 14. L. WARDEN, Ci yak NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay -City Council will hold a public hearing on Monday, October 10, 1977, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California; and will consider the proposed Land Use Element of the General Plan; at which said hearing any person interested may appear and express his views for, against, or in modification of said Element. DATED: September 16, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M.-L. Y Cit Clerk Y 0 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 10, 1977 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Shelton and Mayor Mitchell ABSENT: Councilman Rowland Councilman Pipitone advised that he was present under protest and voiced his annual dissatisfaction with the City for not recognizing Columbus Day as a legal holiday. STAFF PRESENT: Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael T. Leaage, City Attorney Richard Schacht, Police Chief Doug Stuart, Public Works Director Bernard Zerr, Fire Chief Ardith Davis, Deputy City Clerk A. CONSENT CALENDAR 1. Minutes of the regular meeting of September 12, 1977 2. Minutes of the executive meeting of September 12, 1977 3. Minutes of the adjourned regular meeting of September 17, 1977 4. Minutes of the executive meeting of September 17, 1977 5. Financial Report, 7-1-77 through 7-31-77 (RECOMMEND APPROVAL) 6. Financial Report, 7-1-77 through 8-31-77 (RECOMMEND APPROVAL) 7. Expenditure Report, 9-1-77 through 9-15-77 (RECOMMEND APPROVAL) 8. Expenditure Report, 9-16-77 through 9-30-77 (RECOMMEND APPROVAL) 9. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) Mayor Mitchell reviewed all items on the Consent Calendar. Items of correspondence included a notice from the League of California Cities about a Cultural Arts Institute in Costa Mesa November 4-5, 1977; a letter from visitors to Morro Bay commending the actions of a police clerk -dispatcher, Rosetta Bolton, and Mr. Warden's letter to Ms. Bolton; and a letter from Ms. Kathryn E. Baer regarding the building situation in Morro Bay and Mr. Warden's response. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-9, with the understanding that approval means taking the action recommended by the City Administrator. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Appeal of Ludwig T. Dethlof of Federal Sign Co. from Planning Commission denial of a sign permit at 280 Atascadero Road Mr. Nuzum explained that the applicant had first requested a sign with 245 square feet where the maximum permitted is 236 square feet; this request was denied by the Planning Commission. Subsequently, the applicant redesigned the sign to conform with the ordinance and again • MI;iUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL October 10, 1977 appeared before the Planning Commission. Since Motel 6 is in an S-8 district, Planning Commission approval is, therefore, required for all signs in the zone. The Commission denied the sign because of the advertised price of "$8.95" on the bottom of the sign; they felt that such advertising was not consistent with the intent of the Sign Ordinance. Council was in receipt of an opinion from the City Attorney in Walnut Creek where a similar issue was considered. The opinion cited cases where it is invalid to prohibit motel rate signs. Mr. LeSage felt that the Council could not withhold approval of the sign based on this decision. Mayor Mitchell declared the hearing open at 7:40 p.m. and asked if anyone wished to speak to this matter. Amos Johnstone, representing Motel 6, stated that the sign is in keeping with all. their signs displayed nation-wide and said that, in view of the comments from the City Attorney, he had nothing further to offer. Hazel Cook, owner of the Bay Motel, felt that other motel owners should be allowed to raise the height of their signs if Motel 6 is allowed to. Mr. Nuzum explained that the height limit in an S-8 zone is thirty-five feet and Motel 6 is not exceeding that .limit.. As there were no further comments, the hearing was closed at 7:43 p.m. Councilman Shelton felt that allowing the price to be included in the sign would cause a proliferation of that advertising throughout the City and he was of the opinion that this would not be esthetically good for Morro Bay. MOTION: Councilman Pipitone moved that the appeal of Federal Sign Co. from Planning Commission denial of a sign permit at 280 Atascadero Road, be granted on the basis of the opinion from the City Attorney. The motion was seconded by Councilman Brown and carried with Councilman Shelton voting no. 2. Public hearing on Land Use Element of the General Plan Owen Menard of Owen Menard and Associates introduced Pon Smothers and Roy Bruckner of his firm. He reviewed the significance of the Land Use Element and stated that the only remaining Element to come before the Council is the Circulation Element. The basis for the Land Use Element is the Sketch Plan previously approved by the Council. Mr. Nuzum reviewed the changes recommended by the Planning Commission. He stated that the original Plan by Owen Menard and Associates indicated that all the waterfront area between the Embarcadero and the Golden Tee would be in a Harbor related, tourist/commercial type designation. The Planning Commission felt that the area along Main Street between Olive and the Golden Tee where access is only through Main Street and there is no viable access to the waterfront would be more appropriately designated residential. The area is presently designated high density, multiple residential classification with a P D overlay and the Planning Commission thought that this should be continued with a slightly lesser density; therefore, they recommended that .this area be designated medium density with a PD overlay. 0 11 s MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL October 10, 1977 Another area of Planning Commission concern was the area at Atascadero Road and Main Street immediately east on Atascadero Road. This had been designated high density and the Planning Commission felt that this area should have a lower density. Also, on Atascadero Road adjacent to the High School, the Planners had designated this service/ commercial. The Planning Commission was in favor of some residential zoning immediately west of the highway. Mr. Nuzum.advised the Council to give consideration to the fact that the Coastal Plan puts the individual resident as the lowest priority for development and might very well change this Plan in favor of the tourist. Mayor Mitchell opened the public hearing at 8:07 p.m. and called for presentations with regard to the Land Use Element. Al Gebelin basically agreed with the Planning Commission's recommen- dations on the Atascadero Road area and felt also that the area north of Hill Street should be zoned medium density. Bruce Risely generally criticized the Plan as an inadequate document. Jeff Decker disapproved of the 0-4 density in the agriculture areas and felt that it should be zoned the same as by the County. Dorothy Cutter was concerned about the height limits for R-3 zoning and felt that a 25 foot limit should be included in the designation of this area. She also objected to the tourist/commercial designation on South Main Street preferring a medium density, residential designation. Betty Gebelin voiced approval of the Planning Commission's recommendations in the Atascadero Road area. Ray Gallo urged the Council to act on this Element tonight and felt that some consideration should be given to limiting the P'D designations in the agricultural areas. Vincent Mackel spoke in opposition to some of the high density designations in the Land Use Element. Eleanor Kolb objected to the tourist/commercial designation on South Main Street. Grace Melton was in favor of the Land Use Element and urged Council adoption. Charles Staples spoke in favor of areas zoned for low-income housing for senior citizens. Hazel Cook felt that some of the designations would be a hardship on present uses if property owners were required to eventually eliminate their use in a particular zone. Mayor Mitchell closed the hearing at 8:48 p.m. Councilman Brown asked about the mixture density on the hilltop of Sunset Court. Mr. Nuzum stated that that was an error in the map and it should be designated medium density. Owen Menard and Ron Smothers responded to the comments by the public. They felt that the Plan had followed the objectives adopted by the Council in the Sketch Plan and that the objections raised at this time were raised during the Sketch Plan process. It is now a matter of the Council determining the final designations. Mayor Mitchell suggested taking a recess at this time, but first wanted to introduce the new Fire Chief. Mayor Mitchell introduced Bernard Zerr to the audience and outlined his qualifications and past experience. RECESS 9:13 p.m. RECONVENED 9:29 p.m. Councilman Shelton felt that the map presented was inconsistent with the wording of the Plan itself. He raised several questions to i MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL October 10, 1977 which the consultants responded. Councilman Shelton felt that although the wording in the Plan seemed to point to the resident as the primary concern of the City, the map indicated otherwise with its tourist/ commercial and high density recommendations. Mr. Menard explained that the consultants had attempted to keep the resident as the primary concern and, at the same time, comply with the Coastal Act which puts the resident as the lowest priority and the tourist as the highest. The tourist/commercial area was located in a central area and arranged so as to cause the least bother to the resident. There was consider- able discussion on this matter with Councilman Shelton of the opinion that the map, with its corrections, should be published in the Sun - Bulletin and the matter postponed for two weeks to enable the public to further study this matter. Mayor Mitchell asked what would become of the Council's actions in view of the Coastal Plan and subsequent Coastal Commission actions. Mr. Menard stated that he hoped that the City was not involved in a futile effort and that the Coastal Commission would recognize the work the City has begun on the Local Coastal Plan. MOTION: Councilman Brown moved that the area presently shown as tourist/commercial on South Main Street from Pacific to Olive be re -designated as high density, residential. The motion was seconded by Mayor Mitchell and unanimously carried. It was noted that although the recommendation was for high residential, this is still lower than the presently designated R- _. MOTION: Mayor Mitchell moved for the adoption of the Land Use Element as modified. Mr. Warden advised the Mayor that it is necessary to send the Plan back to the Planning Commission with the Council's recommendations since the Council made a substantial change in it. Mayor Mitchell withdrew his motion. MOTION: Mayor Mitchell moved that the Land Use Element be referred back to the Planning Commission for consideration of the recommendations made by Council. The motion was seconded by Councilman Shelton and unanimously carried. MOTION: Councilman Shelton moved that a copy of the Land Use Element map be published in the Sun -Bulletin. The motion died for lack of a second. C. UNFINISHED BUSINESS 1. Consideration of development of a Del Mar Park master Plan Mr. Warden stated that the Council had set aside $1200 in the Reserve Budget for the eventual development of Del Mar Park with the thought that this amount would be increased each year. Staff has explored the possibility of developing a Master Plan for $1200 and it appears that this may be feasible. Therefore, Mr. Warden recommended that Council approve the transfer of the $1200 from Budgeted Reserve and authorize Staff to seek proposals for developing a Master Plan for Del Mar Park. Mr. Warden noted that this would make it easier to secure a grant for Del Mar Park development. MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL October 10, 1977 MOTION: Councilman Shelton moved that Staff be authorized to transfer the $1200 in Budgeted Reserve for Del Mar Park development and seek proposals for preparing a Master Plan for this park. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. D. NEW BUSINESS 1. Resolution No. 88-77 approving amendment to lease with Yvette Pierce for Lease Sites No. 67 and 67W Mr. Warden stated that Mrs. Pierce, in accordance with the terms of her County lease, has requested a renewal of her lease for a fifteen year period based upon the value of her improvements on this property of $13,320. Council does have the option of renewing for a lesser term, however, past practice has been to renew for the maximum allowed. This will be the only renewable term allowed under this County lease ands;when the fifteen years has expired, Mrs. Pierce will have to convert to a City -type lease. MOTION: Councilman Brown moved that Resolution No. 88-77 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 88-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 88-77. The motion was seconded by Councilman Pipitone and - unanimously carried. 2. 1978 City Council Elections Mayor Mitchell explained that as a result of the direct election of Mayor, Council terms were not now evenly staggered; that is three seats open one year and two seats open two years later. This March, 1978, election will see four Council seats up for election. In order to allow for more evenly staggered terms, the Council can either designate one seat a two-year term and candidates can then specifically run for that two-year term; or, the Council can specify that the third highest vote getter for Council, excluding the Mayor's seat, would be the two-year term Councilman. Councilman Pipitone was in favor of the two-year term being designated and candidates actually running for that two-year term. Mayor Mitchell was in favor of the third highest vote getter receiving the two-year office. Councilman Brown suggested that this matter be postponed until a full Council is present to decide the issue. MOTION: Councilman Brown moved that this matter be deferred until the next meeting when a full Council is present. The motion was seconded by Councilman Pipitone and unanimously carried. 3. Resolution No. 89-77 approving Supplement No. 1 to Local Agency -State Agreement No. 4 for Federal Aid Improvement Project M-Y370(1) MOTION: Councilman Brown moved that Resolution No. 89-77 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL October 10, 1977 Mr. Warden read Resolution No. 89-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 89-77. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. Public Comment Jay Runner congratulated the City Council and City Adminis- trator on the successful outcome of their presentation before the Coastal Commission on October 7, 1977. 2. City Council (a) Councilman Brown reported on the League of California Cities annual convention. (b) Mayor Mitchell presented correspondence from Mr. Gregory of the State Department of Transportation in San Luis Obispo with regard to planting on Highway 1 from South Morro Bay to San Jacinto. Mayor Mitchell requested that this matter be placed on the agenda for consideration. (c) Mayor Mitchell discussed information received from the Sanctuary Committee regarding hunting in the South Bay. Although the City has no jurisdiction in this area, the Council could take a stand on the issue and forward it to the proper officials. Mayor Mitchell requested that this matter be scheduled as an agenda item at the next meeting. (d) Councilman Shelton thanked Mr. Runner for his comments. Mayor Mitchell thought it was a fine way to start out the practice of Public Comment at Council meetings. (e) Councilman Pipitone stated that he would be leaving the State for vacation and asked that the matter of the two-year term for Council be postponed until his return. Council had no objections as long as election deadlines did not require making a decision before then. 3. City Attorney Mr. LeSage had nothing to report at this time. 4. City Administrator (a) Mr. Warden reported that Marcelle Bakula would be leaving employment with the City and that Staff is currently advertising for her replacement. (b) Mr. Warden stated that the City would be facing the Coastal Commission again with regard to the wastewater treatment project and the appropriation of water which the City has applied for. (c) Mr. Warden reported that the State Senate Committee on Wildlife will be holding meetings in Montery on December MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 10, 1977 Page Seven 9th to hear testimony regarding implementation of the Coastal Act. He felt that the City should be represented at this meeting. MOTION: Councilman Pipitone moved that the meeting be adjourned. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 10:59 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the regular meeting of the Morro Bay City Council scheduled for September 26, 1977, has been cancelled by minute order of the City Council. DATED: September 16, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M. L. WARDEN, City erk i, • CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL September 12, 1977 7:36 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR A-1 Minutes of the regular meeting of August 22, 1977 A-2 Minutes of the executive meeting of August 22, 1977 A-3 Expenditure Report, 8-16-77 through 8-31-77 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Resolution No. 84-77 approving grant of Use Permit Agreement to Morro Bay Chamber of Commerce for Rock-O-Rama (RECOMMEND ADOPTION) A-6 Resolution No. 85-77 accepting deed from San Luis Obispo County, property on Ironwood (RECOMMEND ADOPTION) A-7 Claim of Willie Z. Hooks for false arrest damages (RECOMMEND CLAIM BE DENIED AND REFERRED TO INSURANCE CARRIER) A-8 Claim of Gladys Bradford for personal injuries (RECOMMEND CLAIM BE DENIED AND REFERRED TO INSURANCE CARRIER) A-9 Resolution No. 86-77 accepting work and giving notice of completion for construction and installation of Beach Street floating boat docks (RECOMMEND ADOPTION) HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing to consider the Negative Declaration Status for the proposed dredging of offshore Mooring Area 1 UNFINISHED BUSINESS C-1 Resolution No. 87-77 amending City Council agenda format NEW BUSINESS D-1 Consideration of Final Parcel Map, 3000 North Main Street D-2 Consideration of reimbursement to Cayucos Sanitary District for lease revenues. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 12, 1977 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None STAFF PRESENT: Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael T. LeSage, City Attorney Dave Braga, Recreation Director Fred Oakes, Acting Fire Chief Richard Schacht, Police Chief Doug Stuart, Public Works Director Ardith Davis, Deputy City Clerk CONSENT CALENDAR A-1 Minutes of the regular meeting of August 22, 1977 A-2 Minutes of the executive meeting of August 22, 1977 A-3 Expenditure Report, 8-16-77 through 8-31-77 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Resolution No. 84-77 approving grant of Use Permit Agreement to Morro Bay Chamber of Commerce for Rock-O-Rama (RECOMMEND ADOPTION) A-6 Resolution No. 85-77 accepting deed from San Luis Obispo County, property on Ironwood (RECOMMEND ADOPTION) A-7 Claim of Willie Z. Hooks for false arrest damages (RECOMMEND CLAIM BE DENIED AND REFERRED TO INSURANCE CARRIER) A-8 Claim of Gladys Bradford for personal injuries (RECOMMEND CLAIM BE DENIED AND REFERRED TO INSURANCE CARRIER) A-9 Resolution No. 86-77 accepting work and giving notice of completion for construction and installation of Beach Street floating boat docks (RECOMMEND ADOPTION) Mayor Mitchell reviewed all items on the Consent Calendar. Corres- pondence included a resolution from the City of San Diego regarding nuclear powerplants, a letter from the Social Services Coordinating Council of San Luis Obispo County regarding a conference, a letter from Ross E. Newkirk regarding the Herbel lease site, and a letter from the City of Antioch supporting legislation prohibiting compulsory and binding arbitration for public employees. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-9, with the understanding that approval means taking the action recommended by the City Administrator. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing to consider the Negative Declaration Status for the proposed dredging of offshore Mooring Area 1 E MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL August 22, 1977 Mr. Warden explained that this project would be done in conjuc- tion with the Corps of Engineers channel dredging with the tailings to be placed in a common disposal site anticipated to be one mile south of the City limits on the westerly side of the sand spit in the shore line. All agencies involved in this decision seem to agree that this would.be the best place for the tailings. Mayor Mitchell opened the hearing at 7:37 p.m. and asked if there were.any comments regarding this project. Katherine Walling stated that she would like to see an EIR on at least the deposit place for the tailings. Mr. Warden stated that that part of the project would be up to the Corps. The Negative Declara- tion statement presented to Council this evening is considering only the dredging of the area indicated on the map. It is anticipated that the Corps will hold.hearings on the deposit site. As there were no further comments, the hearing was closed at 7:39 p.m. MOTION: Councilman Brown moved -that the dredging of off -shore mooring site A-1 be granted a Negative Declaration Status. The motion was seconded by Councilman Pipitone and unani- mously carried. UNFINISHED BUSINESS C-1 Resolution No. 87-77 amending City Council agenda format Mayor Mitchell stated that Council had previously discussed this matter and directed Staff to prepare the document to allow a place on the agenda for public comment. Mr. Warden read Resolution No. 87-77 in its entirety. MOTION: Councilman Brown moved for the adoption of Resolution No. 87-77. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. NEW BUSINESS D-1 Consideration of Final Parcel Map, 3000 North Main Street Mayor Mitchell stated that the Subdivision Review Board and Planning Commission had approved this Parcel Map subject to certain conditions. Because the map includes an offer of dedication for Sequoia Street, the Council must give their approval. Mr. Warden recommended that the offer of dedication be accepted on the condition that the street is first brought up to City standards. There was some discussion on the merits of accepting dedication and the use of the street. MOTION: Councilman Brown moved that the offer of dedication for Sequoia Street be accepted on the condition that it is first brought up to City street standards. The motion was seconded by Councilman Rowland and unanimously carried. D-2 Consideration of reimbursement to Cayucos Sanitary District for lease revenues MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL August 22, 1977 Mr. Warden stated that when Staff recently reviewed the Morro Bay/ Cayucos ownership of the wastewater plant property and schedule of charges, it was discovered that the City had not been crediting the District with the lease revenues derived from the cement plant and trailer park on the jointly owned property. Since incorporation, this amounts to $6,519.26.due to Cayucos. Mr. Warden suggested Council approve crediting this amount to the District. MOTION: Councilman Brown moved that the City credit Cayucos Sanitary District with $6,519.26 to be applied to their quarterly bills for operation of the sanitary plant. The motion was seconded by Councilman Shelton and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 Public Comment No comments. E-2 City Attorney Mr. Leaage requested an executive session to discuss litigation. E-3 City Council (1) Councilman Brown discussed the San Luis Obispo County and Cities Area Planning Coordinating Council work program for 1977/78. The total budget.is $3,330 of which the City of Morro Bay is responsible for $232. Councilman Brown requested Council approval of the work program. MOTION: • Councilman Brown moved that the Morro Bay City Council advise the Secretary of the Area Council that the City Council has reviewed the Work Program and budget for 1977/78 and approves the amounts. The motion was seconded by Councilman Rowland and unanimously carried. (2) Councilman Pipitone suggested consideration of moving the Council meetings from Monday night to Tuesday night because of the three-day holidays. Mayor Mitchell stated that Council meetings used to be on Tuesday night but were changed at the request of the Sun -Bulletin to allow them time for current newspaper coverage. (3) Councilman Brown discussed a television news commentary about about the lack of small cities receiving public works grants. (4) Councilman Shelton stated that the recent issue of Time magazine has an interesting in-depth article about the rising costs of building. E-4 City Administrator (1) Mr. Warden requested that Council adjourn this meeting to Saturday, September 17, 1977, at 10:00 a.m. in the City Hall Conference Room to interview applicants for Fire Chief. (2) Mr. Warden advised that some Council members and Staff would be out of town at the next regularly scheduled Council meeting on September 26th attending the League of California Cities Annual Convention in San Francisco. He asked Council if they wished to cancel that meeting or re -schedule it.,, MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 12, 1977 Page Four MOTION: Mayor Mitchell moved that the meeting of September 26, 1977, be cancelled. The motion was seconded by Councilman Brown and unanimously carried. (3) Mr. Warden discussed a Cuesta College Work Study Program of home fire prevention inspection. A student will perform inspections on a voluntary, non -enforcement basis. (4) Mr. Warden requested that Council set a hearing date for the Land Use Element of the General Plan for October 10, 1977. MOTION: Councilman Brown moved that the hearing date for the Land Use Element of the General Plan be set for October 10, 1977. The motion was seconded by.Councilman Rowland and unani- mously carried. (5) Mr. Warden stated that he had just received an appeal from Mr. Dethloff of Federal Sign from Planning Commission denial of approval of a Motel 6 sign. He requested Council set the hearing date for this appeal for October 10, 1977. MOTION: Councilman Brown moved that the appeal of Mr. Dethloff of Federal Sign be set for October 10, 1977. The motion was seconded by Councilman Rowland and unanimously carried. Mr. Warden asked Council members if they objected to Staff setting hearing dates. This would speed up the process somewhat and Mr. Warden stated that he would keep on eye on the agenda so as not to make it overly long. Council members agreed with this policy. (6) Mr. Warden advised that a movie company would be using the City T Pier this week to film a movie entitled "Sea Gypsies". They have all the proper insurance coverage. (7) Mr. Warden advised that the Area Council will meet in the Recreation Hall on Thursday, September 15th and will be taking a ride on the City's Dial -A -Ride bus. ADJOURNMENT MOTION: Councilman Brown moved that the meeting adjourn to executive session. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned to executive session at 8:07 p.m. and returned to regular session at 8:25 p.m. MOTION: Councilman Brown moved that the meeting be adjourned to Saturday, September 17, 1977, at 10:00 a.m. in the City Hall Conference Room. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned at 8:25 p.m. Recorded by: MURRAY L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, August 22, 1977, at 7:30 p.m., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the application of San Luis Transpor- tation, Inc. for a certificate of public necessity and convenience to operate a taxicab service in the City of Morro Bay; at which said hearing any person interested may appear and express his views for, against, or in modification of said application. DATED: August 9, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M. L. WARDEN, City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL August 22,. 1977 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR A-1 Minutes of the regular meeting of August 8, 1977 A-2 Expenditure Report, period ending fiscal year 1976-77 and 8-1-77 through 8-15-77 (RECOMMEND APPROVAL) A-3 Financial Report, 7-1-76 through 6-30-77 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Resolution No. 79-77 approving renewal of U. S. Coast Guard lease #DOT-CG12-4532, dock space (RECOMMEND ADOPTION) A-6 Resolution No. 80-77 approving amendment to lease on Lease Site No. 8, Casas (RECOMMEND ADOPTION) A-7 Claim of sewer damage at 647 Bernardo (RECOMMEND AUTHORIZE PAYMENT IN THE AMOUNT OF $500.00) HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing on request of San Luis Transportation, Inc. to operate a taxicab in Morro Bay B-2 Appearance of Thomas Cantine to discuss revisions to Ordinance No. 154, amendment to building limitation ordinance INISHED BUSINESS C-1 Resolution No. 81-77 approving agreement with Chamber of Commerce for Fiscal Year 1977-78 C-2 Consideration of Dial -A -Ride funding C-3 Resolution No. 82-77 setting the tax rates and apportionments for Fiscal Year 1977-78 NEW BUSINESS D-1 Request of Mr. Forrest Frasier..for waiver of new hook-up fees D-2 Request for encroachment on Beachcomber by Lee Siegel D-3 Recommendation for installation of bicycle motocross facility near Teen Center D-4 Consideration of mooring site dredging - 1977 D-5 Resolution No. 83-77 approving application for 1976 State grant monies for the development of Del Mar Park INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney.: E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 22, 1977 - 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Rowland, Shelton and Mayor Mitchell ABSENT: Councilman Pipitone STAFF PRESENT: Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael T. LeSage, City Attorney Dave Braga, Recreation Director Dick Schacht, Police Chief Doug Stuart, Public Works Director Bill Lane, Fire Chief Ardith Davis, Deputy City Clerk CONSENT CALENDAR A-1 Minutes of the regular meeting of August 8', 1977 A-2 Expenditure Report, period ending fiscal year 1976-77 and 8-1-77 through 8-15-77 (RECOMMEND APPROVAL) A-3 Financial Report, 7-1-76 through 6-30-77 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND. ITEMS BE RECEIVED AND FILED) A-5 Resolution No. 79-77 approving renewal of U.S. Coast Guard lease DOT-CG12-4532, dock -'space (RECOMMEND ADOPTION) A-6 Resolution No. 80-77 approving amendment to lease on Lease Site No. 8, Casas (RECOMMEND ADOPTION) A-7 Claim of Sewer damage at 647 Bernardo (RECOMMEND AUTHORIZE PAYMENT IN THE AMOUNT OF $500.00) Mayor Mitchell reviewed all items under the Consent Calendar. Correspondence consisted of a notice from the State Office of Planning and Research regarding a workshop on Urban Growth and Development in California; an invitation from the City of Paso Robles to the 4th Annual Airport Day and Air Show on September 25, 1977; a letter from Howard Newby of Southern California Gas Company urging support of the Alcan Pipeline Project; a letter from Don Benninghoven of the League of California Cities thanking the City for its contribution for the League headquarters office building project; a letter from the League of California Cities requesting a voting delegate to the Annual Convention; a resolution from the City Council of the City of Long Beach urging support of legis- lation for No-fault Automobile Insurance. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-7, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - August 22, 1977 Page Two HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing on request of San Luis Transportation, Inc. to operate a taxicab in Morro Bay. Mr. Warden advised Council that the request to establish a taxi stand at the corner of Harbor Street and Embarcadero had been withdrawn. The Chief of Police had reviewed the matter and determined that there is a public need for this type of service. Mr. Warden recommended granting a permit to San Luis Transporta- tion, Inc, to operate a taxi service. Mayor Mitchell opened the public hearing at 7:37 p.m. and asked if the public had any comments with.regard to this appli- cation. As there were no comments, the hearing was closed at 7:38 p.m. MOTION: Councilman Shelton moved that Council approve the request of San Luis Trans- portation, Inc. to operate taxi service as a public convenience in Morro Bay. The motion was seconded by Councilman Brown and unanimously carried. B-2 Appearance of Thomas Cantine to discuss revisions to Ordinance No. 154, amendment to building limitation ordinance. Mr. Cantine reviewed for Council the figures he used to arrive at his concept of the building permits allowed under the water equivalency concept. This matter was discussed at length by Staff with Council members feeling that a written explanation should have been submitted for their study. Mr. Warden stated that the purpose and intent of the ordinance is to control water usage; it is possible under the system to end up with more building permits than the annual number of equival- encies; however, water usage by total number of equivalencies will not exceed the historic percentages. There were comments from Richard Baxter. Council members decided that the present ordinance is suffi- cient in that it satisfies the intent of Council to control water usage. Mayor Mitchell thanked Mr. Cantine for his interest and presentation. UNFINISHED BUSINESS C-1 Resolution No. 81-77 approving agreement with Chamber of Commerce for Fiscal Year 1977/78- Mr. Warden stated that some concern had been expressed at the last Council meeting with regard to the rent-free use of the Harbor Office by the Chamber of Commerce. The Chamber had pre- sented a budget to Council to clarify the matter. Originally, they had presented a budget larger than that which could be supported by the Councils allocation of the occupancy tax. Councilman Rowland suggested that they be allowed use of the Harbor Office as an offset for the deficit anticipated because of i 6 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL - August 22, 1977 Council's 25% of occupancy tax allocation. They had prepared a new budget with some items deleted for the Council's consideration in clarifying Council concerns. Councilman Shelton felt that Council had granted sufficient funds at the budget hearing by lifting the previous limit of $30,000 and allocating the Chamber 25% of the 1977/78 occupancy tax revenues. MOTION: Councilman Rowland moved that Resolution No. 81-77 be read by title only. The motion was seconded key Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 81-77 by title only. Howard Gaines felt that the City should consider the revenue to be obtained by renting the Harbor office to a private concern. MOTION: Councilman Rowland moved for the adoption of Resolution No., 81-77. The motion was seconded by Councilman Brown. Councilman Shelton expressed his opinion that the allocation to the Chamber is too high and that the $2800 they will not be spending on rent this year just gives them that much more. Mayor Mitchell disagreed and felt that the Chamber provided a community service to the people of Morro Bay in providing activities and generating community pride. The motion was carried by the following roll call vote: AYES: Councilmen Brown, Rowland and Mayor Mitchell NOES: Councilman Shelton ABSENT: Councilman Pipitone D-3 Recommendation for installation of bicycle motocross facility near Teen Center Mr. Warden stated that since there were several young people in the audience waiting for this item, perhaps Council would take it out of sequence and consider it at this time. Council agreed. Dave Braga, Recreation Director, explained that a number of young people and parents have been requesting that a motocross course be provided for the young bikers in Morro Bay. Several locations for this facility have been considered, but the Teen Center was chosen on a temporary basis because of other facilities nearby, such as restrooms and telephones. it is felt that once Del Mar Park is developed, a course could be established there. The proposed course was designed by interested parents and they have agreed to provide volunteer labor to build the course. It is anticipated that there should be very little cost to the City since the parents will be helping and Bill Hinson has agreed to 0 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL T- August 22, 1977 donate tires for the course. Absolutely no motorized bikes will be allowed on the course. Special racing events will be super- vised by the Recreation Department and volunteers; however, individual practice will not. MOTION: Councilman Shelton moved that Council approve the establishment of a bicycle motocross at the Teen Center. The motion was seconded by Mayor Mitchell and unanimously carried. Aaron Geiger asked if this would be a temporary location only until Del Mar Park is developed, since this will be a rather small track and a larger one can be developed at Del Mar. Council members agreed that it would only be a temporary location. C-2 Consideration of Dial -a -Ride funding Mr. Warden advised Council that Dial -a -Ride ridership had exceeded City expectations and, because of the additional manpower needed to meet the demand and the additional time used to operate the Senior van, it is necessary to amend the present agreement with Dave Systems to include an additional $14,019 for .the remain- ing fiscal year. These funds would come out of the SB 325 reserve. Also, Council had requested that Staff study the feasibility of establishing Saturday service. It is anticipated that Saturday service would generate the same 200 plus daily ridership now being experienced, Saturday service would cost the City an additional $22,254 for the remaining fiscal year which amount could also come out of SB 325 reserves. Another area being studied is a Morro Bay/San Luis Obispo connection which is in the talking stage with San Luis Obispo City. Mr. Warden requested Council approval to apply for thr� bus applications from UMTA with one bus used for backup for t system. San Luis Obispo would share the costs with the City. Mr. Warden reported that there has been a drop-off of Seniors using the van service to San Luis Obispo. The bus does provide door-to-door service to passengers going for medical appointments or governmental matters, however, has discontinued the door-to-door shopping service that had been provided when the Seniors were operating the van. Mr. .Warden felt that a centralized location for shopping would be sufficient in view of the costs to operate the service. There was considerable discussion and questions with regard to'the proposals. MOTION: Councilman Brown moved that Council authorize a transfer of $14,019 from SB 325 reserve for the additional man hours needed for the operation of the Dial -a -Ride system and that the agreement be amended with Dave Systems to reflect the additional hours. The motion was seconded by Council- man Rowland and unanimously carried. 0 s MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - August 22, 1977 Page Five MOTION: Councilman Shelton moved that the Dial -a -Ride service be extended to include Saturday operation and that $8,235 be transferred from SB 325 reserve to cover the additional expense. The motion was seconded by Councilman Rowland and unanimously carried. MOTION: Councilman Brown moved that Staff proceed with pursuing a grant for three buses for the Morro Bay/San Luis Obispo connection and con- tinue discussion with San Luis Obispo to enter into a Joint Powers Agreement for an inter -city transportation system. The motion was seconded by Mayor Mitchell and unanimously carried. MOTION: Councilman Shelton moved that Council policy with regard to the Senior service to San Luis Obispo be door-to-door service for medical and govern- mental trips and a centralized point for shopping drop-off and pick-up; the priorities for service to be medical, first; governmental, second; and shopping, third. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden stated that if the Morro Bay/San Luis Obispo connection is established, it may be possible to cut back on the Senior service. RECESS 8:58 p.m. RECONVENED 9:15 p.m. C-3 Resolution No. 82-77 setting the tax rates and apportionments for Fiscal Year 1977-78 Mr. Warden advised that the figure in Resolution No. 82-77, second paragraph, last sentence reading $65,244,506 should be changed to read $64,898,616. Mr. Warden discussed property tax:, -- legislation and stated that this may be the base year upon which - subsequent taxes will be computed. Therefore, should it be lowered at this time, the City might find the rate frozen for quite some. time. Also, in view of Coastal Commission action, the anticipated revenues from hook-up charges may not be realized so that the City would need the additional revenues generated by this increased valuation. MOTION: Councilman Brown moved that Resolution No. 82-77 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Councilman Shelton requested that the resolution be read in its entirety so that the public would be able to hear it. Councilman Brown withdrew his motion and Mayor Mitchell his second. Mr. Warden read Resolution No. 82-77 in its entirety. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL - August 22, 1977 MOTION: Councilman Shelton moved for of Resolution No. 82-77. The seconded by Councilman Brown carried by roll call vote. NEW BUSINESS the adoption motion was and unanimously D-1 Request of Mr. Forrest Frazier for waiver of new hookup fees Mr. Frazier explained that he had submitted plans to the Building Department on May 2, 1977 and Coastal Commission approval had been granted on July 15, 1977. On August 7, 1977,.Mr. George, the Building Inspector, had called him to advise him that there was an engineering error in his plans. On August 8th, the new building hookup fees went into effect and there was no way for him to have the plans corrected before August 8th. He felt that he was entitled to a waiver as it was the Building Inspector's fault for not getting to the plans until then. Mr. Warden stated that there is a two to three month backlog on building permits because of the new Coastal Act that went into effect the first of the year and because of the rush to get building permits in view of water rationing and a possible mora- torium. There was just no way for the Building Inspector to get to the plans before he did. Council members were concerned that if they waived the fees for Mr. Frazier, other requests would come in for the same con- sideration. Mayor Mitchell felt that Mr. Frazier should not be penalized for an error on the part of his engineer and the City's inability to get the permits processed. MOTION: Councilman Brown moved that the request of Mr. Fraizer for waiver of the extra fees for water hookup be denied. The motion was seconded by Councilman Rowland and carried with Mayor Mitchell voting no. B-2 Request for encroachment on Beachcomber by Lee Siegel Mr. Siegel stated that he had originally come before City Council requesting that they abandon the right-of-way on Driftwood Avenue to enable him to make a sun deck in front of his house. Council had denied the request reserving the area for a possible bike or pedestrian pathway sometime in the future. He was now requesting an encroachment permit into the area in order to make the sun deck; this request is to go no further into the right-of-way than any of the other residences along the area. Mr. Warden stated that this could be done without transferring title to the property owner. MOTION: Councilman Brown moved that Mr. Siegel be allowed to encroach into the right-of-way not to exceed six feet into Driftwood Avenue and that he sign an agreement prepared by the City Attorney to this effect. The motion was seconded by Councilman Shelton and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - August 22, 1977 Page Seven D-4 Consideration of mooring site dredging - 1977 Mr. Warden recommended Council approving dredging Areas A and B in the map presented and borrow - from the equipment replace- ment reserve to pay for it. This could be paid back over the next two or three fiscal years since no dredging will be accomplished for that period. The areas indicated need dredging very badly as does area C; however, for economic reasons, A and B were being recommended at this time for a total cost of approximately $200,000. Councilman Shelton asked where the tailings would be deposited and Mr. Warden stated that the various State agencies seem to agree that they be deposited at the surf line south of the jetty about 1/4 mile from City limits. MOTION: Councilman Brown moved that Staff be directed to proceed with the mooring site dredging for 1977 as proposed in the map in areas A and B with authorization to borrow from equipment replacement reserve with the understanding that that amount will be replaced with dredging allocations in the future. The motion was seconded by Councilman Rowland and unanimously carried. D-5 Resolution No. 83-77 approving application for 1976 State grant monies for the development of Del Mar Park Mr. Warden reviewed the grant process in this matter for Council. MOTION: Councilman Brown moved that Resolution No. 83-77 be read by title only. The motion was seconded by Councilman Shelton and unanimously carried. Mr: Warden read Resolution No. 83-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 83-77. The motion was seconded by Councilman.Rowland and unanimously carried by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Mayor Mitchell stated that he had received complaints about the music creating a disturbance at the Breakers. Mr. Warden advised that Chief Schacht had talked to the manager of the Breakers and he had advised that he would comply with the request to decrease the volume of the music. (2) Councilman Brown stated that the League of California Cities had requested that Councils from each City select a voting delegate and alternate. 11 MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL - August 22, 1977 MOTION: Mayor Mitchell moved that -Councilman Brown be appointed as the voting delegate to the League of California Cities' annual Convention and Councilman Rowland as the alternate. The motion was seconded by Councilman Shelton and unanimously carried. Harold Curry asked Council their views on a building mori- torium for the record. Councilman Brown stated that the City's conservation program has been accomplishing its purpose and water production was down; he felt that the City was doing the right thing. Mayor Mitchell commented on the Coastal Commission's actions taking the control for local government out of the hands of the Council and deciding themselves what is best for Morro Bay. Councilman Rowland stated that the objective of the Coastal Commission is to change entirely the direction the City has taken in providing for the individual property owner in Morro Bay. Their first priority is for recreational uses and the tourist. Councilman Shelton stated that the Council's position with regard to a moritorium is illustrated by their actions in the past. He, however, does feel that a stricter control should be put on building. Comments were also heard on this subject from Fay Eldridge and Rod Gittings. E-2 City Attorney Mr. LeSage had nothing to.report at this time. E-3 City Administrator (1) Council had requested the matter of adding an agenda item, such as E?-1cor E-4, for the purpose of citizen questions or comments. This can be taken care of through a resol- ution if Council agrees that it should be done. Council members were generally in favor of the matter, however, Mayor Mitchell expressed the opinion that he liked to know beforehand what some- one was going to talk about so that he could be prepared to answer. There was considerable discussion on this matter with the concensus that this matter should be brought back in resolution form as an E-1 item and the other E items moved down. (2) Mr. Warden stated that he had received a request from the property owner of a small area in the middle of Sunset Court to dedicate the property to the City. Discussions with Staff indicates that the property can be made into a small mini -park for area residents. Council agreed that the City should accept the dedication. (3) Mr. Warden commented on the Youth Services Program and ,stated that Council members would receive a copy of it in their box. 0 MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL August 22, 1977 (4) Mr. Warden stated that the Fire Chief, Bill Lane, had tendered his resignation effective September 12th. He had received an offer from Allen Hancock College which was too good to pass up. Bill Lane thanked the Council for their support and stated that it was really a hard decision to make. Council and Mr. Warden expressed their regret to see him go as he had generated much good will during his short time with the City. Mr. Warden asked Council if they were interested in re -inter- viewing the next two highest ranking interviewees from the group of individuals interviewed with Mr. Lane. Council stated that they were and advised Mr. Warden to contact them. (5) Mr. Warden stated that the City of Morro Bay will be on C. the agenda of the South Central Coast Regional Commission at their meeting to be held August 27, 1977, at 9:00 a.m. in the Morro Bay High School Cafetorium. ADJOURNMENT MOTION: Councilman Brown moved that the meeting be adjourned to executive session to discuss personnel matters. The motion was seconded by Councilman Shelton and unanimously carried. The meeting adjourned to executive session at 10:22 p.m. and returned to regular session at 10:47 p.m. MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Councilman Rowland and unanimously carried. The meeting adjourned at 10:47 p.m. RECORDED BY: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting September 17, 1977 10:00 a.m. City Hall Conference Room The meeting was called to order at 10:10 a.m, by Mayor Mitchell. PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None Staff present were Murray Warden, City Administrator and Ralph H. Dowell, Jr., Assistant City Administrator. Mayor Mitchell stated that the meeting had been called for the purpose of interviewing two applicants for the position of Fire Chief. MOTION: Councilman Pipitone moved that the meeting adjourn to executive session to interview applicants for Fire Chief. The motion was seconded by Councilman Rowland and unanimously carried. The meeting adjourned to executive session at 10:11 a.m. and returned to regular session at 11:19 a.m. MOTION: Councilman Pipitone moved that Bernard Zerr be appointed to the position of Fire Chief at the top�step of the salary scale; the appointment subject to background checks to be conducted by the City Administrator. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Councilman Pipitone and unanimously carried.. The meeting adjourned at 11:20 a.m. Recorded by: M. L. WARDEN, City Clerk s 0 0 CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL October 10, 1977 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call A. CONSENT CALENDAR 1. Minutes of the regular meeting of September 12, 1977 2. Minutes of the executive meeting of September 12, 1977 3. Minutes of the adjourned regular meeting of September 17, 1977 4. Minutes of the executive meeting of September 17, 1977 5. Financial Report, 7-1-77 through 7-31-77 (RECOMMEND APPROVAL) 6. Financial Report, 7-1-77 through 8-31-77 (RECOMMEND APPROVAL) 7. Expenditure Report, 9-1-77 through 9-15-77 (RECOMMEND APPROVAL) 8. Expenditure Report, 9-16-77 through 9-30-77 (RECOMMEND APPROVAL) 9. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) B. HEARINGS, APPEARANCES AND REPORTS 1. Appeal of Ludwig T. Dethlof for Federal Sign from Planning Commission denial of a sign permit at 280 Atascadero Road 2. Public hearing on Land Use Element of the General Plan C. UNFINISHED BUSINESS 1. Consideration of development of a Del Mar Park master plan D. NEW BUSINESS 1. Resolution No. 88-77 approving amendment to lease with Yvette Pierce for Lease Sites No. 67 and 67W 2. 1978 City Council Elections 3. Resolution No. 89-77 approving Supplement No. 1 to Local Agency -State Agreement No. 4 for Federal Aid Improvement Project M-Y370(1) E. INDIVIDUAL_ DETERMINATION AND/OR ACTION 1. Public Comment 2. City Council 3. City Attorney 4. City Administrator 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, August 8, 1977, at 7:30 p.m. in :the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the adoption of the 1977/78 Final Budget; at which said hearing any person interested may appear and express his views for, against, or in modification of said budget. DATED: July 18, 1977 DALE C. MITCHELL, Mayor City of Morro.Bay, California km�' - By: M. L. WARDEN, Cit erk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, August 8, 1977, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, to review the intended use of Revenue Sharing Funds in conjunction with the Final Budget for FY 77/78. The budget contains a proposal for . expending $211,706.00 Revenue Sharing Funds toward the purchase of land to provide additional water resources so as to relieve the City's chronic water shortage. This expenditure is part of the $486,956.00 established for the FY 77/78 Reserve Program. DATED: July 18, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California kA 06 LJC� B : VM. L. WARDEN, City erk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL August 8, 1977 7:30 p'.m... Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR A-1 Minutes of the regular meeting of July 25, 1977 A-2 Minutes of the executive meeting of July 25, 1977 A-3 Expenditure Report, 7-1-77 through 7-15-77 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Resolution No. 70-77 directing that the unpaid charges for weed abatement be _for.warded to the County Auditor for inclusions on the 1977-78 tax rolls (RECOMMEND ADOPTION) A-6 Resolution No. 71-77 approving grant of Use Permit to Baha'i Group for use of City Park (RECOMMEND ADOPTION) HEARINGS, APPEARANCESAND REPORTS B-1 Appearance of representative of the Morro Bay Lions Club to present commitment of funds for Lila Keiser Park Lighting B-2 Public hearing on Morro Bay-Cayucos wastewater treatment and disposal facilities B-3 Public hearing on Revenue Sharing funds for 1977-78 fiscal year B-4 Public hearing and adoption of Resolution No. 72-77 approving and adopting a budget for the Fiscal Year 1977-78 UNFINISHED BUSINESS C-1 Consideration of Resolution No. 69-77 approving grant of Use Permit to Morro Bay Fire Fighters Muster Committee C-2 Consideration of change of uses on Lease Site No. 8, Casas C-3 Consideration of Resolution No. 73-77 authorizing granting of lease and addendum thereto to Gladys Walton Herbel for Lease Site No. 34W C-4 Consideration of Ordinance No. 155 amending the water and sewer ordinance C-5 Consideration of Resolution No. 74-77 establishing water and sewer availability charges C-6 Consideration of Resolution No. 75-77 establishing a sewer use charge C-7 Consideration of Resolution No. 76-77 authorizing change in water service connection charges C-8 Consideration of Resolution No. 77-77 rescinding Resolution No. 82-72 which established water rates and a deposit charge and establishing new minimum water rates NEW BUSINESS D-1 Request by San Luis Transportation, Inc. to operate a taxicab in Morro Bay D-2 Consideration. -Of Resolution No. 78-77 approving the Need Basis Grant Application for grant funds under the Urban Open Space and Recreation Program INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator a 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 8, 1977 7:30 p.m. Morro Bay Recreation Hall The meeting was called to -order at 7:30 p.m. by Mayor Pro Tem Brown with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, and Shelton ABSENT: Mayor Mitchell STAFF PRESENT: Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael T. LeSage, City Attorney Dave Braga, Recreation Director Dick Schacht, Police Chief Doug Stuart, Public Works Director Ardith Davis, Deputy City Clerk CONSENT CALENDAR A-1 Minutes of the regular meeting of July 25, 1977 A-2 Minutes of the executive meeting of July 25, 1977 A-3 Expenditure Report, 7-1-77 through 7-15-77 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Resolution No. 70-77 directing that the unpaid charges for weed abatement be forwarded to the County Auditor for inclusion on the 1977-78 tax rolls (RECOMMEND ADOPTION) A-6 Resolution No. 71-77 approving grant of Use Permit to Baha'i Group for use of City Park (RECOMMEND ADOPTION) Councilman Brown reviewed all items on the Consent Calendar. Items under correspondence included a resolution from the City of Stanton regarding obscene material. MOTION: Councilman Rowland moved for the approval of the Consent Calendar, Items A-1 through A-6, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Shelton and unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of representative of the Morro Bay Lions Club to present commitment of funds for Lila Keiser Park Lighting Mr. Frank Sarver, president of the Morro Bay Lions Club, presented the Club's commitment of $10,000 which they raised for Lila Keiser Park ballfield lighting. Councilman Brown thanked Mr. Sarver on behalf of the Council and City for the Lions Club's commitment and past activities in serving the community. B-2 Public hearing on Morro Bay-Cayucos wastewater treatment and disposal facilities Mr. Warden explained that the reclamation project will probably not be approved by the State Water Resources Control Board, but that MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 8, 1977 Page Two it is necessary for the preparation of a project report to continue in order for the City to receive the grant funding for the study phase of this project. John Johnson from Carollo Engineers gave a' -presentation concerning the Morro Bay-Cayucos Wastewater Treatment and Disposal Facilities Project Report and Environmental Impact Report. He stated that Harvey Hunt and Chris Jens from Carollo Engineers were also present to help answer any questions Council or the public might have along with representatives from the State Water Resources Control Board and Ecomar, the company that performed the oceanographic studies. Mr. Johnson reviewed the Clean Water Act, reasons for the project, the study itself, described some of the more viable alternatives that were considered, the selection of the recommended alternative, the cost to the community and examples for individual homeowners, and a proposed design and construction schedule. Of the alternatives, the one originally chosen had been the reclamation project with a reservoir on Federal land at Camp San Luis Obispo. Subsequently, John Mann, the City's geologist/hydrologist consultant, determined that there may be some windows in a portion of underlying clay layers which could allow salts to infiltrate the groundwater. After more study and consideration of the alternatives and their economic aspects, the ocean outfall alternative had been selected as the next most viable project. The ocean outfall is estimated to cost approximately $10 1/2 million at 1980 costs, 12 1/28 of which will be local share. They are recommending, however, that the City and Cayucos plan on 15% or $1 1/2 million local share. The Environmental Protection Agency has estimated that there will be a 758/258 split between Morro Bay and Cayucos. The costs for a Morro Bay single family resident.will be about $5.60 per month depending on the amount the City itself is able to come up with at the time. Cayucos' costs per individual may be more because it is not anticipated that they will have the cash to supplement their costs. Assuming there are no difficulties, the City should receive EPA and State approval by September 30, 1977; design should be completed around January 1, 1978.allowing construction to begin around August, 1979; and completion of the ocean outfall around August, 1981. Mr. Johnson stated that he and the other consultants present would attempt to answer any questions and, if there were questions which could not be answered at the meeting, they will be answered by letter. All questions and answers will be included in the final report sent to the State. Councilman Brown stated that a reclamation project would require operation and maintenance costs which would be over and above the costs for an ocean outfall. Mr. Johnson agreed and went on to explain that an abbreviated reclamation project would be even more expensive per capita than the reclamation project the City had originally attempted to implement and would not bring the return of domestic water to the City as would occur through the original project. Councilman Shelton asked what the increased operation and mainten- ance costs are for an activated sludge process over what we have at the present time. Mr. Johnson said that he did not have the figures with him, however, he could get them. Harvey Hunt stated that it would be about double. Councilman Shelton asked if that was included 0 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL August 9, 1977 in the sewer charge and Mr. Johnson said it was and it also includes 1/30th of the funds the City is now putting away for future replace- ment. In effect, the City is building a reserve to include the operation and maintenance costs on the collection system. Councilman Shelton asked what was the basis for the $5.60 sewer charge. Mr. Johnson stated that it was based on a flow of 10,800 cubic feet per year and that the charge would vary for commercial buildings. Councilman Pipitone asked if the City is subject to fine with regard to the State's deadlines for ocean discharge systems. Mr. Johnson stated that they did not anticipate any fines as long as progress was being made; there were several cities not able to meet the deadlines. Harvey Hunt said that the Senate would consider the matter after they returned from vacation, however, indications were that an extension would be granted. Councilman Brown opened the hearing to the public and asked if anyone had any questions or comments on this matter at 8:05 p.m. George Hart, a member of the Cayucos Sanitary District Board of Directors, asked when the charges would go into effect. Mr. Johnson stated that they would not go into effect until 1981 when the plant is in operation. Wally Eldridge asked what affect the ocean outfall will have on the marine life and surrounding area. Mr. Johnson stated that they expect little or no affect since the outfall will go out a depth of sixty feet. Jim Lindsay of Ecomar, the company that performed the ocean studies in connection with the report, elaborated on the affect on the marine life which would be minimal and could, perhaps, enhance it in some areas. Howard Gaines asked what the $5.60 sewer charge for residents was based on and Mr. Johnson stated that it was based on the water flow. Mr. Gaines asked how the State Parks and P. G. & E. would pay and Mr. Johnson stated that everyone, under EPA guidelines, must pay their fair share. Some businesses, because of different chemicals in their sewage, may: -have to pay higher charges than the average resident. Mr. Gaines objected to the sewage charge based on water flow because not all water used in a residence goes into the sewage plant. Mr. Johnson stated that there were several ways of determining how to charge residents and this was considered the most feasible by the City. It was pointed out that actual sewage meters could be installed, but at considerable expense. As there were no further comments, the hearing was closed at 8:14 p.m, by Councilman Brown. Mr. Warden stated that action on the part of Council is either to accept or reject the Project Report and EIR. There will be an additional ten days allowed for public comment and then the reports will be forwarded to the State with these comments included. MOTION: Councilman Brown moved that Council accept the reports of John Carollo Engineers on the wastewater treatment and disposal facilities Project Report and EIR for the Morro Bay-Cayucos plant and that it be forwarded to the State Water Quality Control Board. The motion was seconded by Councilman Pipitone. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August..8, 1977 Page Four Councilman Pipitone asked how long the City had been working on this project and Mr. Warden stated that it had initially begun in 1970. The motion was unanimously carried by roll call vote. B-3 Public hearing on Revenue Sharing funds for 1977-78 fiscal year Mr. Warden stated that revenue sharing funds had been discussed at previous meetings and this was the second hearing required by law. The funds are scheduled to be used for capital improvements and land acquisition to solve the City's water problem on a short-term basis. Councilman Brown opened the hearing at 8:19 p.m. and asked if anyone wished to comment in the proposed expenditure for revenue sharing funds. As there were no comments, the hearing was closed at 8:20 p.m. MOTION: Councilman Brown moved that the proposed expenditure for Revenue Sharing funds for the Fiscal Year 1977-78 be approved. The motion was seconded by Councilman Pipitone and carried on the following roll call vote: AYES: Councilmen Brown, Pipitone and Rowland NOES: Councilman Shelton B-4 Public hearing and adoption of Resolution No. 72-77 approving and adopting a budget for the Fiscal Year 1977-78 Mr. Warden stated that the Final Budget reflected the conclusions reached by Council with regard to the reserve and the sewage charges. He stated that if the Coastal Commission's recent actions with regard to building has an affect on this program, alternatives may have to be considered at a later date. Councilman Brown declared the public hearing open at 8:22 p.m. and asked if there were any comments regarding the 1977-78 Final Budget. As there were no comments, the hearing was closed at 8:23 p.m. MOTION: Councilmen Brown moved that Resolution No. 72-77 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 72-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 72-77. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. UNFINISHED BUSINESS C-1 Consideration of Resolution No. 69-77 approving grant of Use Permit to Morro Bay Fire Fighters Muster Committee Mr. Warden stated that this request had been reviewed by Staff and meets with their approval. He stated that the request for camping at Keiser Park had been withdrawn. • 0 J MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 8,1977 Page Five MOTION: Councilman Brown moved that Resolution No. 69-77 be read by title only. The motion was seconded by Councilman Shelton and unanimously carried. Mr. Warden read Resolution No. 69-77 by title only. MOTION: Councilman Pipitone moved for the adoption of Resolution No. 69-77. The motion was seconded by Councilman Shelton and unanimously carried. C-2 Consideration of change of uses on Lease Site No. 8, Casas Mr. Warden stated that the Planning Commission had reconsidered the request for the use of "candy store" on this lease site and had recommended approval on the condition that the living quarters up- stairs be abated. If Council agrees, they should approve the addi- tional use of "candy store for the sale of salt water taffy and other candies" and delete the use of "sales room and shop with living quarters over same". Staff will come back with the approving resolu- tion at the next meeting. MOTION: Councilman Brown moved that Staff be directed to amend the subject lease to delete the use of "sales room and shop with living quarters over same" and substitue therefor "candy store for the sale of salt -water taffy and other candies". The motion was seconded by Councilman Rowland and unanimously carried. C-3 Consideration of Resolution No. 73-77 authorizing granting of lease and addendum thereto to Gladys Walton Herbel for Lease Site No. 34W Mr. Warden advised that there was concern of the lessees immediately to the north and south of Mrs. Herbel's lease site about the require- ment for lateral access. Mr. Ray Gallo, representing Orval Leage and the Morro Bay Fuel Dock, Inc., expressed his clients' feeling that if the lateral access provision was put into the lease, the public wishing access to Mrs. Herbel's wharf would park on the Leage and Morro Bay Fuel Dock properties since Mrs. Herbel has no parking. There was considerable discussion regarding the access issue and it was noted that Mrs. Herbel's lease requires verticle and lateral access across her property. Council decided that the lateral access provision would be left in the lease. Mr. Warden stated that another issue which has come up is the issue of the Leage and Morro Fuel Dock intrusions into the Herbel lease. Council had previously decided that the lease lines would remain as presently drawn and that the Council intended for Mrs. Herbel to have a lease of the established dimensions. Mr. Wolff, attorney for Mrs. Herbel, had requested Mr:,:.Warden's assurance that the City would see that any intrusions are removed, even if requiring court action. Mr. Warden did not feel that it was the City Council's inten- tion that the City undertake litigation for the removal of these intrusions. There was considerable discussion concerning the encroachments situation with comments from Mr. Martin Wolff. Ray Gallo advised that his clients intended to remove the encroachments as soon as Mrs. Herbel commenced construction. Mr. LeSage suggested additional language _r MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL August 8, 1977 be added to the lease to clarify the City's intentions not to under- take litigation to assure removal of the encorachments and that letters be written informing the two adjacent lessees of the lease provisions with Mrs. Herbel and notifying them of the:.necessity for removing the encroachments or reaching other mutually agreeable arrangements. MOTION: Councilman Shelton moved that Resolution No. 73-77 be read by title only. The motion was seconded by Council- man: -Brown --and unanimously carried. Mr. Warden read Resolution No. 73-77 by title only. MOTION: Councilman Shelton moved for the adoption of Resolution No. 73-77. The motion was seconded by Councilman Brown. Councilman Rowland felt that the additional language suggested by the City Attorney should be added to the lease to protect the City. Councilmen Shelton did not feel that it was necessary since the Council had the assurance of the Leage and Fuel Dock attorney that they intended to remove the encroachments; also, ommission of the specific language does not automatically say that the City will pay for any litigation in this area. Mrs. Gladys Herbel told the Council that she would pay for the removal of the encroachments herself. Councilman Pipitone did not feel that the Council should go against the advise of the City Attorney. Councilman Brown withdrew his second to the motion. The motion died for lack of a second. MOTION: Councilman Pipitone moved that the resolution be changed to include the wording suggested by the City Attorney. The motion was seconded by Councilman Brown. Mr. LeSage stated that the wording to be included in the lease, not the resolution, is "There are existing encroachments on the lease site. Lessee may take appropriate action regarding said encroachments at Lessee's sole cost and expense. Lessee agrees not to assert any claim against Lessor for damages, rent reduction, or other loss resulting from or related to said encroachments". Councilman Pipitone amended his motion for adoption of the resolution so as to include that wording suggested by the City Attorney be added to the lease. The motion was seconded by Councilman Brown and carried with Councilman Shelton voting no. RECESS 9:25 p.m. RECONVENED 9:38 p.m. C4 Consideration of Ordinance No. 155 amending the water and sewer ordinance Mr. Warden stated that this ordinance amended sections..of an existing ordinance to enabling the water and sewer hookup rates and sewer service charges:to go into effect. He stated that the ordinance was presented as an urgency measure to prevent people capitalizing on the ordinarily thirty day period before an ordinance 'goes into effect. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 8, 1977 Page Seven MOTION: Councilman Pipitone moved that read by title only. The motion Brown and unanimously carried. Ordinance No. 155 be was seconded by Councilman.. Mr. Warden read Ordinance No. 155 by title only. MOTION: Councilman Pipitone moved that Ordinance No. 155 be adopted. The motion was seconded by Councilman Brown. Councilman Shelton stated that he was going to have to vote against the ordinance because of his opposition to the sewer service charge. The motion failed as an urgency measure on the following roll call vote: AYES: Councilmen Brown, Pipitone, and Rowland NOES: Councilman Shelton Mr. Warden stated that the ordinance failed to pass because an urgency ordinance has to receive a 4/5 vote to pass. Council had the option of either reading the ordinance for a first reading at this time with a second reading at the next meeting and passage thereof thirty days later; or, they could re -schedule it as an urgency measure for the next Council meeting in the hopes that they would get a 4/5 vote at that time. There was discussion with regard to the amount of money the City would lose by not adopting the ordinance at this time. Councilman Shelton stated that he would like the matter reconsidered as he intended to change his vote; he felt that he had made his stand as to how he felt on this matter and to postpone the issue would not benefit the City. Councilman Pipitone commended Councilman Shelton for this action in consideration of Councilman;Shelton's strong feelings in this matter. MOTION: Councilman Pipitone moved for the adoption of Ordinance No. 155. The motion was seconded,by Councilman Brown and unanimously carried by roll call vote. C-5 Consideration of Resolution No. 74-77 establishing water and sewer availability charges Mr. Warden asked the Council when considering Resolutions No. 75-77.and 77-77, to include in their motions a provision to make them effective as of the next billing period. MOTION: Councilman Shelton moved that Resolution No. 74-77 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 74-77 by title only. MOTION: Councilman Shelton moved for the adoption of Resolution No. 74-77. The motion was seconded by Councilman Pipitone andunanimously carried. C-6 Consideration.df Resolution No. 75-77 establishing a sewer use charge MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 8, 1977 Page Eight MOTION: Councilman Pipitone moved that read by title only. The motion Brown and unanimously carried. Resolution No. 75-77 be was seconded by Councilman Mr. Warden read Reolution No. 75-77 by title only. MOTION: Councilman Pipitone moved that Resolution No. 75-77 be adopted and the effective date be at the next nearest billing period. The motion was seconded by Councilman Brown and carried with Councilman Shelton voting no. C-7 Consideration of Resolution No. 76-77 authorizing change in water service connection charges MOTION: Councilman Brown moved that Resolution No. 76-77 be read by title only. The motion was seconded by Councilman Rowland and unanimously carried. Mr. Warden read Resolution No. 76-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 76-77. The motion was seconded by Councilman Brown and unanimously carried. C-8 Consideration of Resolution No. 77-77 rescinding Resolution No. 82-72 which established water rates and a deposit charge and establishing new minimum water rates MOTION: Councilman Shelton moved that Resolution No. 77-77 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 77-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 77-77 to be effective at the next nearest billing period. The motion was seconded by Councilman Pipitone and unimously carried. Mr. Warden requested Council approval of approximately $150 to use the People's Postal Service to distribute information regarding these new charges. Councilman Shelton hoped that the Sun -Bulletin would give the matter coverage as well. MOTION: Councilman Brown moved that $150 be authorized for People's Poastal Service. The motion was seconded by Councilman Shelton and unanimously carried by roll call vote. NEW BUSINESS D-1 Request by San Luis Transportation, Inc. to operate a taxicab in Morro Bay Mr. Warden stated that San Luis Transportation, Inc. is requesting a permit to operate a taxicab in Morro Bay. He will schedule the matter for a public hearing and requested Council to advise if they had any information they wished him to obtain before this hearing. MOTION: Councilman Brown moved that Staff be directed to set a date of public hearing for the requst of San Luis Trans- portation, Inc. to establish a taxicab service in Morro Bay. MINUTES - MORRO BAY_CITY COUNCIL Regular Meeting August 8, 1977 Page Nine The motion was seconded by Councilman Shelton and unani- mously carried. D-2 Consideration of Resolution No. 78-77 approving the Need Basis Grant Application for grant funds under the Urban Open Space and Recreation Program Mr. Warden stated that this grant application was for the develop- ment of Del Mar Park and could give the City up to $250,000 for this project td_which the City would have to add $50,000. The grant would have to be spent over a three year period. Council always has the option, once a grant is awarded, to refuse it. MOTION: Councilman Shelton moved that Resolution No. 78-77 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 78-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 78-77. The motion was seconded by Councilman Shelton and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Pipitone stated that he had received the memo from the City Administrator with regard to Mr. Cantine's appearance before the Council. The information, or numbers, supplied by Mr. Cantine seem to be enough for him to be able to understand what Mr. Cantine is trying to say. He felt that it would be appropriate to re -schedule Mr. Cantine on the agenda to make his presentation. There was discussion regarding this with Mr. Cantine stating that after his presentation, Council can always just say "Thank you, we will check it out." There was discussion with regard to a citizen's portion on the agenda where anyone can get up, for a specific period of time, and express his views on any subject or ask Council questions. Councilman Shelton felt that the end of the agenda would be a good place for this. Staff was directed to place the matter on the agenda for consideration. E-2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden asked Council members if they intended that the Chamber of Commerce use the Harbor Office rent free. MOTION: Councilman Rowland moved that the Chamber of Commerce be authorized to use the Harbor Office rent free. The motion was seconded by Councilman Brown. There was discussion on this matter with differing opinions. Councilman Rowland withdrew her motion and Councilman Brown his second. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 8,.1977 Page Ten Staff was directed to place.this matter on the next agenda. (2) Mr. Warden requested that Council members advise Staff by the next day if they intended to go to the League of Cali- fornia Cities Annual Conference in San Francisco. (3) Mr. Warden reported on a grant he was pursuing for desaliza- tion of water. (4) Mr. Warden advised that the Coastal Commission will meet in Morro Bay at the Veterans Hall on August 26th to discuss their recent actions with regard to suspending building activity in Morro Bay. ADJOURNMENT MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned at 10:37 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, July 25, 1977, at 7:30 p.m., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the appeal of Terry Holm from Planning Commission denial of a Variance to encroach into the front yard setback and the sideyard setback in an R-1 Zone, 255 Kern Avenue, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against, or in modification of said appeal. DATED: July 5, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M. L. WARDEN, City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL July 25, 1977 7:30.p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR A-1 Minutes of the regular meeting of July 11, 1977 A-2 Minutes of the adjourned regular meeting of July 16, 1977 A-3 Expenditure Report, 6-16-77 through 6-30-77,(RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Resolution No. 68-77 approving application for permit to operate Water Well #16, Boone Well (RECOMMEND ADOPTION) HEARINGS,APPEARANCES AND REPORTS B-1 Appeal of Terry Holm from Planning Commission denial of a variance request to allow a carport to encroach into setbacks, 255 Kern Ave. B-2 Appearance of Board of Directors, Morro Bay Senior Citizens, Inc. to discuss pool table funds set aside in Parks & Recreation budget B-3 Appearance of Thomas Cantine to discuss revisions to Ordinance No. 154, amendment to building limitation ordinance. INISHED BUSINESS None NEW BUSINESS D-1 Request for change in uses on Lease Site No. 8 - Casas D-2 Consideration of Final Map, Crescione - 395 Surf Street D-3 Consideration of Resolution No. 69-77 granting a Use Permit to the Morro Bay Fire Fighters for a muster INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 25, 1977 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Pro Tem Brown with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, and Shelton ABSENT: Mayor Mitchell STAFF PRESENT: Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael T. LeSage, City Attorney Dave Braga, Recreation Director Dick Schacht, Police Chief Doug Stuart, Public Works Director Ardith Davis, Deputy City Clerk CONSENT CALENDAR A-1 Minutes of the regular meeting of July 11, 1977 A-2 Minutes of the adjourned regular meeting of July 16, 1977 A-3 Expenditure Report, 6-16-77 through 6-30-77 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Resolution No. 68-77 approving application for permit to operate Water Well #16, Boone Well (RECOMMEND ADOPTION) Councilman Brown reviewed all items on the Consent Calendar. Items under correspondence included a letter from Al Smith complimenting the City's Dial -A -Ride system and its employees, a letter from the General Services Administration advising that the property the City is interested in at Camp San Luis Obispo is not available at this time, and a letter from W. R. Pardue protesting a traffic citation. MOTION: Councilman Rowland moved for the approval of the Consent Calendar, Items A-1 through A-5, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Shelton and unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Appeal of Terry Holm from Planning Commission denial of a variance request to allow a carport to encroach into setbacks, 255 Kern Avenue Mr. Nuzum, Planning Director, advised Council that Mr. J. G. Legg, owner of the property at 255 Kern Avenue, had requested a variance for this property to allow construction of a two -car carport that would encroach two feet into the five foot sideyard setback and seven feet into the twenty foot frontyard setback. The Planning Commission denied the request on the basis that there is no hardship and the existing garage could be utilized. Mr. Nuzum explained that the existing garage had suffered fire damage and the applicant wished to remodel it for living quarters; thus, his request for a variance. Mr. Nuzum stated that the applicant has a hardship not of his own MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL July 25, 1977 making in that when the house was constructed, only a one -car garage was required. He felt that the two -car carport would upgrade the property and the neighborhood. Mr. Legg spoke to his appeal stating that one alternative would be to require that the actual carport supports be set back to the proper lines and allow the overhang to encroach into the required setbacks. Councilman Brown declared the hearing open to the public at 7:46 p.m. Mrs. Vaughn Johnson spoke in opposition to granting the appeal. There was discusion among Council members with the general feeling that the variance should be granted in an effort to upgrade the property. They were having difficulty, however, in establishing findings for granting the appeal. Mr. Warden stated that Council might want to consider amending the existing ordinance to allow flexi- bility in granting these variances when they are connected to up- grading property. Councilmen Brown closed the hearing at 7:50 p.m. MOTION: Councilman Shelton moved that because of the special circumstance of the fire and the applicants efforts to reconstruct the garage into an enclosed structure and due to the special conditions of the exceptional character relating to this structure, the variance be allowed with the pro- vision that Map A-2, presented by the applicant, be the plan agreed to in which there is no sideyard setback variance required; this appeal granted on the condition that the overhang concept be employed, if allowed by Building Code, with the supports set back to the property lines; with the finding that there are similar setbacks allowed for garages within the immediate area. The motion was seconded by Councilman Pipitone and unanimously carried. B-2 Appearance of Board of Directors, Morro Bay Senior Citizens, Inc. to discuss pool table funds set aside in Parks & Recreation Budget Mr. Warden reviewed Council action during the budget hearing wherein they set aside $500 for the purchase of a pool table for the senior citizens with the provision that they return to their membership to determine if the membership in fact wanted a pool table since there was some indication at the budget hearings that some members were not in favor of such a purchase. Mr. Howard Gaines, representing the Board of Directors of the Senior Citizens, Inc., advised the Council of their by-laws which state that the Board of Directors make the decisions for the group. He opposed having to call a special meeting in order to take a vote of the membership and stated that to do so, they would have to amend their by-laws and be incorporated under different regulations. There was discussion of this matter with Council of the opinion that it was not their intention to go against the Senior's by-laws; but because of the dissention within the group, the Council had felt that a vote would decide whether, in fact, the seniors wanted a pool table. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 25, 1977 Page Three MOTION: Councilman Pipitone moved that the money budgeted for the Senior Citizens pool table be released to them because the Board of Directors had voted in favor of this acquisi- tion. The motion was seconded by Councilman Shelton. Councilman Rowland was of the opinion that the Senior Citizens had the money to purchase the pool table and that the City could put the money to better use. The motion carried with Councilman Rowland voting no. B-3 Appearance of Tom Cantine to discuss revisions to Ordinance No. 154, amendment to building limitation ordinance Councilman Brown stated that since Mr. Cantine had not presented a written proposal as to how he wished to amend the ordinance, he felt that Mr. Cantine's presentation should be deferred until this information is submitted. MOTION: Councilman Brown moved that Tom Cantine be deleted from this evening's agenda and, when he submits the information, that he be re -scheduled. The motion was seconded by Council- man Pipitone. Mr. Cantine explained that all the Council needed to understand his proposal were Ordinances No. 152 and 154 and the worksheet appor- tioning water equivalencies supplied to the Planning Commission. He gave Council several figures to write down in order to prove his point that there were inadequacies in the building limitation ordinance. Councilman Brown stated that he could not follow Mr. Cantine's figures or reasoning and felt that the matter should be postponed until written explanation is submitted. Councilmen Pipitone and Rowland agreed. Councilman Shelton felt that Mr. Cantine could be afforded the courtesy of listening to him. The motion carried on the following roll call vote: AYES: Councilmen Brown, Pipitone and Rowland NOES: Councilman Shelton UNFINISHED BUSINESS None NEW BUSINESS D-1 Request for change in uses on Lease Site No. 8 — Casas Mr. Warden explained that a list of possible uses for this lease site had been presented to the Planning Commission of which they had chosen four; ships store, fish market, tackle shop and a diving service; all of which are water oriented uses. They recommended that the marine brokerage service be allowed to continue as a present use, however, that a change in uses be granted on the condition that the living quarters upstairs on the lease site be eliminated. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 25, 1977 Page Four Mr. Casas explained that the architect they had hired had been of the understanding that the City had requested that the applicant present a list of possible uses for the property for Planning Commission consideration. Subsequently, they determined that in order for the plan to be economically feasible, a candy store would have to be approved with storage space above the operation. They were willing to forfeit the living quarters in exchange for these two additional uses. Councilman Shelton felt that since this was essentially a new proposal compared to the one submitted to the Planning Commission, it should be returned to the Planning Commission for consideration. MOTION: Councilman Shelton moved that this matter be returned to the Planning Commission as presented to the Council. The motion was seconded by Councilman Pipitone and unanimously carried. D-2 Consideration of Final Map, Crescione - 395 Surf Street Mr. Nuzum stated that the Tentative Map for this project of a five unit condominium at 395 Surf Street, was approved by both the Subdivision Review Board and the Planning Commission. He outlined the seven findings that Council must make to approve the final map. He recommended that Council find the Final Map consistent with the Tenta- tive Map and that the City Clerk be authorized to sign the final map. MOTION: Councilman Brown moved that Council find that the Final Map is consistent with the Tentative Map and adopts the findings listed on pages one and two of the memo dated July 21, 1977 from Mr. Nuzum, and the City Clerk be authorized to sign the Final Map on behalf of the City. The motion was seconded by Councilman Rowland and unanimously carried. D-3 Consideration of Resolution No. 69-77 granting a Use Permit to the Morro Bay Fire Fighters Mr. Warden advised the Council that this item had been deleted from the agenda at the request of the Firefighters. It will be presented at a later date. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Council members had nothing to report at this time. E-2 City Attorney Mr. LeSage had nothing to report. E-3 City Administrator (1) Mr. Warden requested an executive session to discuss possible litigation. (2) Mr. Warden stated that the Public Works office will be relocated as of August 4th at the corner of Harbor Street and Piney Way next door to the Dial -A -Ride office. Staff is still working on an agreement to get the Chamber of Commerce moved into the Harbor Office. MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL July 29, 1977 (3) Mr. Warden stated that Standard Oil Company has approved the City's request to purchase the property for a Del Mar park. Negotiations are proceeding to arrive at a contract agreement. (4) Mr. Warden reported that the night lighting project at Keiser Park, for which the City had received a grant, will begin in December. (5) Mr. Warden reported to the Council on the action taken by the State Coastal Commission in granting an appeal of a ten - unit apartment complex at 555 Piney Way. He stated that the effect of granting the appeal, which denies a project approved by the City Planning Commission and the South Central Coast Regional Commission, could be a building moritorium in Morro Bay. The Commission has decided that approval of this project could set a precedent in an area of extreme water shortage and prejudice the ability of the City to prepare a Local Coastal Program. Mr. Warden outlined the ramifications of the Commission's action and stated that the City should respond to an action which has such serious impacts on the community.- He pointed out that neither Commission nor Staff had contacted the City regarding the issue of water and what the City was doing about its water shortage. Mr. Warden had visited briefly with Wendy Locksley of the Coastal Commission Staff; but, at that time, there had been no indication from her that Morro Bay's over- all water situation was at issue. Mr. Warden requested that Council (1) authorize him to make a presentation to the State Commission that they defer action on this matter until the City has a chance to make a presentation or (2) authorize him to make a presentation to the Regional Commission presenting the City's analysis of the water situation in Morro Bay and its impact on the ground water basins of this area. Both of these alternatives would require the hiring of John Carollo Engineers and John Mann, the geologist/hydrologist, to professionally analyze the Coastal Commission's recommendations. MOTION: Councilman Pipitone moved that the City Administrator be directed to implement the suggestions made in regards to getting a Staff presentation ready to present to the State and/or Regional Coastal Commissions. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden emphasized that favor or disfavor with the ten-u responding as concerns the water MOTION: Councilman Brown moved session to consider po seconded by Councilman Council's actions in no way implied nit apartment house; the City was situation in Morro Bay only. that the meeting adjourn to executive ssible litigation. The motion was Pipitone and unanimously carried. The meeting adjourned to regular session at 9:10 p.m. and returned to regular session at 9:32 p.m. MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Councilman Pipitone and unani- mously carried. The meeting adjourned at 9:32 p.m. Recorded by : M. L. WARDEN, City Clerk. By: Ardith Davis, Deputy City Clerk 0 0 NOTICE OF ADJOURNED REGULAR MEETING NOTICE IS.HEREBY GIVEN that the Morro Bay City Council will hold an adjourned regular meeting on Saturday, July 16, 1977, at 7:00 p.m. in:the Morro Bay Recreation Hall, Shasta Avenue, and Dues Street, Morro Bay, California, to consider 1977-78 budgetary reserve allocations. DATED: July 14, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California r M. L. WARDEN, Cit Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting . July 16, 1977 7:00 p'.in. Morro Bay Recreation Hall The meeting was called to order by Mayor Mitchell at 7:07 p.m. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None Staff Present: Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael LeSage, City Attorney Ardith Davis, Deputy City Clerk Mayor Mitchell stated that the meeting had been called for the purpose of continuing the discussion of the reserve allocations and, hopefully, coming to a decision. Council members were to give Staff their suggestions for a plan to raise the necessary revenues so that they could be presented this evening. Mr. Warden reviewed the suggestions and stated that Council had been provided with a form where they could fill in the blanks and come up with whatever options they wanted. Mayor Mitchell asked all Council members if they agreed that the total amounts set forth in the reserve allocations were necessary. Council agreed. Mayor Mitchell stated that he favored a plan whereby the taxes would be increased the allowed 37C per $100 assessed valuation. He felt that this would give the greatest return to the City without unduly increasing property valuations. Also, the City would benefit from P. G. & E. paying a good portion of this increased tax rate which would not be accomplished in either the hookup fee or water rate increase. He was not in favor of a high hookup fee because it would ultimately raise assessed valuations causing all property owners to pay a higher tax, a good portion of which would go to the County. Councilman Rowland stated that she was in favor of a 38C per 100 cubic feet sewer service charge and a $900 hookup fee. She also favored lowering the minium on water to $2.00 each billing period. Dr. Horman expressed her opinion that a sewer service charge was the same as raising the water rates. There was considerable discussion regarding the various alter- natives. MOTION: Councilman Pipitone moved that Council adopt a $900 hookup fee and a 38� sewer service charge, and reduce the water rate minimum to $2.00 each billing period. The motion was seconded by Councilman Rowland and carried on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland and Mayor Mitchell NOES: Councilman Shelton Mr. Warden stated that as a result of Council's actions, an 0 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting July 16, 1977 Page Two amendment to existing ordinances would be required; he would return with such an amendment at a subsequent meeting. MOTION: Mayor Mitchell moved that the meeting be adjourned. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 8:13 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk E CITY OF MORRO BAY :AGENDA - MORRO BAY CITY COUNCIL July 11, 1977 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR A-1 Minutes of the regular meeting of June 27, 1977 A-2 Expenditure Report, 6-1-77 through 6-15-77 (RECOMMEND APPROVAL) A-3 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-4 Set hearing date for wastewater treatment and disposal project report (SET DATE FOR AUGUST 8, 1977) A-5 Resolution No. 64-77 approving agreement with San Luis Obispo County Hotline, Inc. (RECOMMEND ADOPTION) A-6 Resolution No. 65-77 establishing salary ranges and steps for employee classifications (RECOMMEND ADOPTION) HEARINGS APPEARANCES AND REPORTS B-1 Appeal of Planning Commission denial of Red & Reamer water equivalency application t UNFINISHED BUSINESS C-1 Consideration of lease for Lease Site No. 34W, Herbel C-2 Consideration of Resolution No. 66-77 approving and adopting an interim budget for the Fiscal Year 1977-78 C-3 Consideration of 1977-78 Reserve Schedule (continued) C-4 Consideration of Ordinance No. 154 amending the building limitation ordinance (continued) C-5 Consideration of Resolution No. 67-77 to increase the penalty for building without securing a building permit NEW BUSINESS Ire 7 INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 11, 1977 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None STAFF PRESENT: Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael T. LeSage, City Attorney Dave Braga, Recreation Director Bill Lane, Fire Chief Dick Schacht, Police Chief Doug Stuart, Public Works Director Ardith Davis, Deputy City Clerk CONSENT CALENDAR A-1 Minutes of the regular meeting of June 27, 1977 A-2 Expenditure Report, 6-1-77 through 6-15-77 (RECOMMEND APPROVAL) A-3 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-4 Set hearing date for wastewater treatment and disposal project report (SET DATE FOR AUGUST 8, 1977) A-5 Resolution No. 64-77 approving agreement with San Luis Obispo County Hotline, Inc. (RECOMMEND ADOPTION) A-6 Resolution No. 65-77 establishing salary ranges and steps for employee classifications (RECOMMEND ADOPTION) Mayor Mitchell reviewed all items on the Consent Calendar. Items under correspondence included a letter from Mrs. Rachel Johnsrud who was not in favor of buying a pool table for the Senior Citizens, and a resolution from the Local Agency Formation Commission denying Annexation No. 2 to the City of Morro Bay. Councilman Pipitone questioned an expenditure to Garing, Taylor and Associates when the City has a engineering department. Mr. Warden stated that there are some design projects that the City Engineer cannot do. MOTION: Councilman Brown moved=for the approval of the Consent Calendar, Items A-1 through A-6, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Appeal of Planning Commission.denial of Red & Reamer water equivalency application Mr. Warden stated that the Planning Commission had made an error in disallowing a single family residence water equivalency to Red & Reamer for the purpose of renting. They had had two other applications MINUTES - MORRO BAY CITY COUNCIL Regular Meeting 11, 1977 Page Two for single family residences under the category of building for speculative sale to an owner -occupant which the Planning Commission did approve. The third application, to build for rental puposes, was inappropriately denied by the Planning Commission. Mr. Reamer is requesting Council reversal of this action. This would mean that the twenty-sixth permit on the list, that of Richard Harrison, would not be allowed in this quarter's allocations since only 25 single family residences are allowed each quarter. There was discussion with regard to how long a house would have to be rented under the provisions of the ordinance before it was allowed to be sold. MOTION: Councilman Shelton moved that Council finds for Red and Reamer in allowing the water equivalency as a rental. The motion was seconded by Councilman Brown. Councilman Pipitone stated that he agreed with the motion, however, he felt Council should take another look at the rental section of the ordinance and perhaps set forth a limit of time that a residence must be rented. The motion was unanimously carried. UNFINISHED BUSINESS C-1 Consideration of lease for Lease Site No. 34W, Herbel Mayor Mitchell disqualified himself from discussion in this matter because his law firm represents the leaseholder next to Mrs. Herbel's lease site. Councilman Brown.took charge of the meeting. Mr. LeSage stated that there were three remaining major areas of disagreement after considerable negotiating with Mr. Martin Wolff, Mrs. Herbel's attorney. The first concern is the lease term. Mr. Wolff was requesting an option to renew for fifteen years, his reasoning being that the City reduces the term of the lease by one year for each $2,000 less than the estimated amount spent on the improvements, therefore, an option to extend should be permitted. Mr. LeSage stated that it has been the City's policy not to allow options to renew because, when a lease expires, it gives the City an opportunity to adjust the lease in view of changing conditions. The option to renew is automatic in the old County leases and results in long term leases. Mr. LeSage stated that Mr. Wolff also objected to the uses being restricted to docking for commercial vessels only, thereby eliminating pleasure crafts. Mr. LeSage stated.that allowing pleasure boat docking would tend to make the dock exclusively that since the pleasure boats can afford a higher rate than the commercial vessels. Mr. Wolff's reasoiiing.was..that.the commercial boats are out fishing during part of the year leaving the spaces vacant and he felt that Mrs. Herbel should be allowed to at least keep the slips rented when there are no commercial fishermen to lease them to. Mr. LeSage stated that some words could be worked out in this area to allow Mrs. Walton.to rent the space when commercial fishermen are not available. Mr. Warden suggested that the same sort of plan be put in the lease as the City uses; that being that fishermen lease the slips for the whole year and, if Mrs. Herbel can rent the space while they are out at sea, they be given credit for that usage. Mr. LeSage stated that the final area of disagreement is access. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL July 11, 1977 The draft lease had a provision that the City is allowed to erect a sign inviting public access. Mr. LeSage felt that it would be alright to eliminate the sign inviting the public to cross, however, a provision not to deny public access should be written into the lease. Mr. Wolff proposed that the docks to be built by Mrs. Herbel will allow lateral access from the Leage and Morro Bay Fuel Dock lease site docks. He felt that the driveways on both of these lease sites are near enough to Mrs. Herbel's lease to provide the public access. If Mrs. Herbel was required to allow public access, the public would be walking right beneath her window. Mr. Wolff showed the Council the proposed plans for the docks and stated that the dock renters would be allowed access through her property. Mr. Wolff stated that another area of disagreement was the $4.00 per hour labor allowed Mrs. Herbel for her own services up to a maxi- mum of $2,000. He felt that this maximum should be around $5,000. Council members decided that with regard to the access issue, the sentence stating that the City shall have the right to post notice advising that public access is available be stricken and a provision be inserted that the Tenant shall not have the right to deny public access by posting "no trespassing" or similar signs. The total figure for Mrs. Herbel's time will not exceed $4,000 as opposed to the $2,000 presently in the lease. With regard to allowing pleasure boats to dock at this lease site, Staff was instructed to write this in accor- dance with the way the City handles their docking rentals. On the matter of adjusting the lease term to allow an option to renew, Council members decided to deny this request. They also decided that there would be a provision in the lease to provide for public access laterally as well as vertically. RECESS 8:50 p.m. RECONVENED 9:09 P.M. C-2 Consideration of Resolution No. 66-77 approving and adopting a interim budget for the Fiscal Year 1977-78 Mayor Mitchell stated that Council had requested this interim budget, which includes only the line -item budget book recommendations and Council's approvals, to be brought back to this meeting for tenta- tive adoption. The other portion of the budget, the Reserve Schedule, would be discussed later in the agenda. Rod Pound asked Council to reconsider the deletions in the Parks and Recreation Budget regarding the planning for the new Del Mar park and the installation of safety soil at the parks. There was discussion on these items with Council maintaining their previous position. MOTION: Councilman Pipitone moved that Resolution No. 66-77 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 66-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 66-77. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. C-3 Consideration of 1977-78 Reserve Schedule (continued) Mayor Mitchell reviewed past discussions on this matter. Mr. Warden pointed out that the amount placed in the Reserve Schedule for 11 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL July 11, 1977 a well on the sand spit is no longer needed since it is very unlikely that the City will be able to get water from there. The County Engineer, Mr. Clint Milne has provided a preliminary assessment to that effect. Councilman Rowland pointed out, however, that the money could be left in for another project. Councilman Shelton introduced Mr. Norman Phillips, a Business Consultant, who proposed another plan for accumulating revenues for capital improvement projects. This proposal set forth a system whereby a new homeowner would buy assets in the City by purchasing a certificate for an initial purchase price of $3,000. This figure could escalate as time went on. A person did not have to sell his share upon selling his house, however, the new owner would be required to buy a certificate from the City. This would generate revenue for the City which would not be taxable by the County Assessor's Office as a property tax on the value of the house. Comments were heard from Dorothy Cutter, Jane Orvis, Rod Pound, Howard Gaines, Ernie Reamer and Chet Weaver. Council members dicussed the plans they favored. Councilman Shelton was still in favor of an $1800 sewer and water hookup fee with no increase in water or creation of a sewer service charge. MOTION: Councilman Shelton moved that the plan which calls for an $1800 sewer and water hookup charge be applied to the Reserve Schedule for capital expenditures which relates to sewer and water development, planning and acquisition; this does not include a water rate increase or sewer service charge. The motion was seconded by Councilman Pipitone. Councilman Rowland stated that she could not go along with this plan because it was based on a build -out of all available lots in Morro Bay in a time when the City is trying to limit this for water saving reasons. Mayor Mitchell stated that as a result of increasing the hookup charge, the valuation of houses in Morro Bay will increase thereby providing a return for the County as well as the City in property taxes. He was in favor of just increasing water and sewer rates to get money that will stay in Morro Bay. Councilman Shelton did not feel that the City should increase water rates on people in this City who are trying to conserve water already; the burden of the water shortage is increased by the additional homes being built, therefore, that is where the burden of the cost should be placed. The motion failed on the following roll call vote: AYES: Councilmen Pipitone and Shelton NOES: Councilmen Brown, Rowland and Mayor Mitchell MOTION: Councilman Rowland moved that Council adopt a 38C per 100 cubic feet sewer rate charge and a $900 hookup fee. The motion was seconded by Councilman Brown. Mayor Mitchell was in favor of looking again at the hookup fee because of the fact that it will increase property valuations and increase taxes. The motion failed on the following roll call vote: AYES: Councilmen Brown and Rowland NOES: Councilmen Pipitone, Shelton and Mayor Mitchell 40 MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL July 11, 1977 There was discussion with regard to increasing the tax rate since this will bring all the money into Morro Bay and the City will also benefit from the taxes gained from P. G. & E. under this proposal. MOTION: Councilman Shelton moved that Council re-examine this matter at the next meeting and that they submit alternative proposals to Staff. The.motion was seconded by Mayor Mitchell and unanimously carried. RECESS 11:15 P.M. RECONVENED 11:27 p.m. Mayor Mitchell stated that he would be out of town at the next meeting and requested Council to set a special meeting so that he may vote in this matter. Council set Saturday, June 16, 1977, at 7:00 p.m. in the Morro Bay Recreation Hall. C-4 Consideration of Ordinance No. 154 amending the building limita- tion ordinance (continued) Mr. Cantine reviewed with Council his computation of the historic building ratios pointing out that Staff had been erroneous in their computation. Mr. Warden reviewed Staff's analysis of the historic ratio approach and noted that Mr. Cantine had used one water equivalency for commercial structures when commercial equivalencies were subject to change depending upon the type of structure being built; i.e., art galleries as opposed to laundromats. Mr. Cantine pointed out the historic ratios on the types of building and stated that it was his understanding that Council wished to limit these various types to their historic ratios. Mr. Warden stated that the building limitation ordinance had been adopted as a water saving measure and was designed to apportion equivalencies in the same ratios as the historic building pattern. This pattern, however, converted to the equivalency ratios. MOTION: Mayor Mitchell moved that Ordinance No. 154 be read by title only. The motion was seconded by Councilman Brown. Councilman Shelton stated that he had several items he wished clarified before he would vote on the matter. The motion carried with Councilman Shelton voting no. There was considerable discussion on the ordinance with comments from Norman Phillips and Jane Orvis. Councilman Shelton asked about the reference taking condominiums from the subdivision section of the ordinance and Mr. Warden stated that this was for clarification which attempted to differentiate the traditional meaning and impact of subdivision from that of the special case presented by condominium ownerships. MOTION: Councilman Brown moved for the adoption of Ordinance No. 154 as an urgency measure. The motion was seconded by Mayor Mitchell and carried on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland, and Mayor Mitchell NOES: Councilman Shelton C-5 Consideration of Resolution No. 67-77 to increase the penalty for building without securing a building permit MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 11, 1977 Page Six Mr. Warden stated that the Council previously requested that Staff study the possibility of increasing building permit fees for those people who begin construction without obtaining a building permit. Presently, the penalty is to pay double the original building permit fee. The proposed resolution adds an additional $100 to that fee. MOTION: Councilman Brown moved that Resolution No. 67-77 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 67-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 67-77. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. NEW BUSINESS None INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Council members had nothing to report at this time. E-2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden stated that the Channel Counties Division of the League of California Cities quarterly meeting is on August 5th at the Santa Maria Club. He asked which Council members would attend. Councilman Brown indicated that he would. (2) Mr. Warden stated that the Annual League of California Cities Convention would be held in San Francisco in October. Councilmen Brown, Pipitone and Rowland indicated that they would probably go. (3) Mr. Warden stated that the San Luis Long Distance Club would be holding their annual run from Morro Bay to Cayucos and had asked if they could locate portable toilets at the Rock. Mr. Warden stated that he would give permission if Council had no objec- tions. They will take care of having them set up, removed and paying for them. Council indicated its concurrence. (4) Mr. Warden stated that he had received a request from an organization in Los Osos to charter the Dial -A -Ride bus. He intended to deny this request as it has been his understanding that the bus system is to be used for Morro Bay residents exclusively. Council concurred. MOTION: Mayor Mitchell moved that the meeting be adjourned to Saturday, July 16, 1977, at 7:00 p.m. at the Morro Bay Recreation Hall for the purpose of continuing discussion on the Reserve Schedule. The' motion was seconded by Councilman MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL July 11, 1977 Shelton and unanimously carried. The meeting adjourned at 12:36 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL June 27, 1977 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR A-1 Minutes of the regular meeting of June 13, 1977 A-2 Minutes of the executive meeting of June 13, 1977 A-3 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-4 Financial Statement,.7-1-77 through 5-31-77 (RECOMMEND APPROVAL) A-5 Expenditure Report, 5-16-77 through 5-31-77 (RECOMMEND APPROVAL) A-6 Resolution No. 57-77 withdrawing the application for 1976 State Park Bond Funds for the Development of Night Lighting and Parking Lot at Lila Keiser Park (RECOMMEND ADOPTION) A-7 Resolution No. 58-77 approving grant of Use Permit Agreement to Department of the Air Force (RECOMMEND ADOPTION) A-8 Resolution No. 59-77 approving grant of Use Permit Agreement 115 to Morro Dunes Trailer Park and Campground, Inc. (RECOMMEND ADOPTION) A-9 Resolution No. 60-77 approving grant of Use Permit Agreement 120 to Morro Dunes Trailer Park and Campground, Inc. (RECOMMEND ADOPTION) A-10 Resolution No. 61-77 approving grant of Use Permit Agreement to Friends of Roandoak (RECOMMEND ADOPTION) A-11 Resolution accepting work and giving notice of completion for construction of Boone site Well No. 16 (RECOMMEND ADOPTION) A-12 Appeal of J. Gordon Legg from Planning Commission denial of a variance (SET HEARING DATE FOR JULY 25, 1977) A-13 Resolution No. 63-77 amending procedures and guidelines governing the Environmental Impact Reports (RECOMMEND ADOPTION) A-14 Transfer Voucher No. 6-7-27 in the amount of $3,158 for emergency replacement of ethyl gasoline storage tank (RECOMMEND APPROVAL) A-15 Setting annual salary adjustments (RECOMMEND APPROVAL OF CITY ADMINISTRATOR'S MEMORANDUM) A-16 Memorandum of Understanding between City and Morro Bay Fire Fighters (RECOMMEND APPROVAL) A-17 Memorandum of Understanding between City and Peace Officers Association (RECOMMEND APPROVAL) HEARINGS APPEARANCES AND REPORTS None NEW BUSINESS D-1 Request of Jack Peters for change in uses on Lease Site No. 20 D-2 Request of Reg Whibley of change in Lease Site No. 52 UNFINISHED BUSINESS C-1 Consideration for integrating Senior Citizens van into the Dial -A - Ride system C-2 Consideration of Ordinance No. 154 amending the Building Limitation Ordinance C-3 Appointment of City Administrator to Self Insurance Fund Board of Directors C-4 Consideration of 1977-78 Budget - continued INDIVIDUAL DETEF14INATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 27, 1977 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge.of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None STAFF PRESENT: Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael T. LeSage, City Attorney Dave Braga, Recreation Director Bill Lane, Fire Chief Jim Nuzum, Planning Director Dick Schacht, Police Chief Doug Stuart, Public Works Director Ardith Davis, Deputy City Clerk CONSENT CALENDAR A-1 Minutes of the regular meeting of June 13, 1977 A-2 Minutes of the executive meeting of June 13, 1977 A-3 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-4 Financial Statement, 7-1-76 through 5-31-77 (RECOMMEND APPROVAL) A-5 Expenditure Report, 5-16-77 through 5-31-77 (RECOMMEND APPROVAL) A-6 Resolution No. 57-77 withdrawing the application for 1976 State Park Bond Funds for the Development of Night Lighting and Parking Lot at Lila Keiser Park (RECOMMEND ADOPTION) A-7 Resolution No. 58-77 approving grant of Use Permit Agreement to Department of the Air Force (RECOMMEND ADOPTION) A-8 Resolution No. 59-77 approving grant of Use Permit Agreement 115 to Morro Dunes Trailer Park and Campground, Inc. (RECOMMEND ADOPTION) A-9 Resolution No. 60-77 approving grant of Use Permit Agreement 120 to Morro Dunes Trailer Park and Campground, Inc. (RECOMMEND ADOPTION) A-10 Resolution No. 61-77 approving grant of Use Permit Agreement to Friends of Roandoak (RECOMMEND ADOPTION) A-11 Resolution No. 62-77 accepting work and giving notice of completion for construction of Boone site Well No. 16 (RECOMMEND ADOPTION) A-12 Appeal of J. Gordon Legg from Planning Commission denial of a variance (SET HEARING DATE FOR JULY 25, 1977) A-13 Resolution No. 63-77 amending procedures and guidelines governing the Environmental Impact Reports (RECOMMEND ADOPTION) A-14 Transfer Voucher No. 6-7-27 in the amount of $3,158 for emergency replacement of ethyl gasoline storage tank (RECOMMEND APPROVAL) A-15 Setting annual salary adjustments (RECOMMEND APPROVAL OF CITY ADMINISTRATOR'S MEMORANDUM) A-16 Memorandum of Understanding between City and Morro Bay Fire Fighters (RECOMMEND APPROVAL) A-17 Memorandum of Understanding between City and Peace Officers Association (RECOMMEND APPROVAL) Mayor Mitchell reviewed all items on the Consent Calendar. Items MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 27, 1977 Page Two under Correspondence included a letter from County Service Area #9 stating that the Advisory Group has gone on record in opposition to putting the Nacimiento Water Project on the November ballot; a message from Mrs. Lancaster complimenting the City for its bus system; a letter from Mrs. Louise Wright also praising the bus system; a letter from the League of Southern Monterey County Cities regarding the Small Cities Roundup. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-17, with the understanding that.approval.means taking that action recommended by the City Administrator. The motion was seconded by Councilman Rowland. Councilman Pipitone requested that Item A-15 be removed from approval of the Consent Calendar. Councilman Brown amended his motion to exclude the approval of Item A-15. The amendment was accepted by Councilman Rowland and the motion was unanimously carried by roll call vote. A-15 Setting annual salary adjustments Councilman Pipitone stated that he agreed with the recommendation of the City Administrator with regard to Item A-15, Setting annual salary adjustments, however, he felt that it should not be considered on the Consent Calendar. Mr. Warden explained that the memo recommends that the department heads and City Administrator receive a 5.1% increase on salary and that those employees not members of any associaton receive the 6.1% total package increase for 1977/78. MOTION: Councilman Pipitone moved for the approval of the annual salary adjustments as set forth in the memo. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden stated that he would be bringing back a formal reso- lution to effectuate these increases. HEARINGS, APPEARANCES AND REPORTS None NEW BUSINESS D-1 Request of Jack Peters for change in uses on Lease Site No. 20 Mr. Warden explained that Mr. Peters is requesting a change in the uses on -the subject lease site to include "sale of beer and wine with on premises entertainment". The lease presently allows "restaurant, sport fishing terminal and living quarters incidental thereto". This request was forwarded to the Planning Commission for their recommenda- tions to City Council and they recommend approval of the additional uses and, at the implementation of this new lease, a time certain should be set for the termination of the use of the apartment upstairs. Mr. Warden concurred in this recommendation. MOTION: Councilman Brown moved that the requested additional uses 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 27, 1977 Page Three be allowed on the condition that negotiation continue for removal of the living quarters upstairs. The motion was seconded by Councilman Pipitone. Mayor Mitchell asked if this meant that Mr. Peters would not be allowed the additional uses if he did not terminate the use of living quarters. Mr. Warden stated that a future date could be set for the termination of that use; he explained that this is one of the only ways the City has to eliminate residential uses on the tidelands lease sites. City Council policy sometime ago established that Council was in favor of eliminating the residential uses; the'only other way to eliminate the living quarters use is when a lease expires. In this case, it is a "Pipkin" type lease which has a fifty year term and this may be the only chance the City will get to eliminate this use. MOTION: Councilman Brown amended his motion to direct Staff to negotiate with the lease holder for the removal of the living quarters along with the granting of the requested changes. The amendment was accepted by Councilman Pipitone and unanimously carried. D-2 Request of Reg Whibley for change in Lease Site No. 52 Mr. Warden explained that Mr. Whibley is requesting to renovate the existing garage on this lease site to bring it up to Building and Fire Code standards for use as a storage shed. Mr. Warden stated that his lease for this site calls for destruction of the building within six months of the execution date of the lease. Furthermore, no more than 25% of the total square footage of the land area and no more than 40% of the lease site fronting on the street is to be covered with buildings. This provision is in the lease on recommendation of the Planning Commission and as approved by the City Council. Mr. Whibley has constructed a new building on this lease site and retaining the old garage would exceed this minimum building area requirement. The plans for the new building were approved on the basis that the garage would be demolished. Also, if the structure were allowed to remain, a two foot fire wall would have to be constructed on both the north and south sides of the building to bring it up to Code. Mr. Warden recommended that the request be denied. MOTION: Councilman Shelton moved that the request for a change in Lease Site No. 52 and 52W be denied. The motion was seconded by Councilman Pipitone and unanimously carried. UNFINISHED BUSINESS C-1 Consideration for integrating Senior Citizens van into the Dial - A -Ride system Mr. Warden recommended to Council that the City take over the Senior Citizens' van because, since the Dial -A -Ride system went into operation, their need for a senior van has lessened. They are having difficulty in securing insurance coverage and it is felt that the City can provide a similar service. Dial -A -Ride has become extremely successful in the short time it has been in operation and the City is experiencing some delay time in getting to customers because of its extensive use. The Senior van will help to alleviate this waiting period during peak times. The City plans to run the van into San Luis Obispo twice a week for the Seniors as they have themselves operated in the past. Dave Systems estimates that this will cost the City approximately $4,000 to $5,000 per year. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 27, 1977 Page Four MOTION: Councilman Shelton moved that Council direct Staff to communicate with the Senior Citizens and that Council agrees to takeover the Senior van if they agree. The motion was seconded by Councilman Brown and unanimously carried. C-2 Consideration of Ordinance No. 154 amending the Building Limitation Ordinance Mayor Mitchell stated that the effect of this ordinance is to prohibit any one individual from accumulating all water equivalencies for a year in the commercial or multiple dwelling categories. Mr. Warden requested that Council change their proposed ordinance on page one, Section 2, C, second sentence, "For purposes of issuing water equivalency permits, condominium projects" add "on existing parcels" and continue with the sentence. Also, on page two, the paragraph before Section 4; last sentence, "...shall be required to establish a new date and time of application receipt each" strike the word "each" and add "at the end of the third" and continue with the sentence. Mr. Thomas Cantine stated that there had not been enough public review of this item and maintained that it was a radical move to take. He felt that it made it easier for developers to apply for condominiums instead of subdivisions. Council pointed out that the only thing this ordinance does is not allow one developer to use up all water equiva- lencies in one period and further clarifies subdivision. There was lengthy discussion regarding condominiums and sub- divisions. MOTTON: Councilman Shelton moved that this matter be continued to the next Council meeting with the stipulation that permits will not be allocated into the next quarters' allocation until a determination is made at the next Council meeting. The motion was seconded by Councilman Pipitone. Ray Gallo urged the Council to adopt the ordinance this evening as it does no more than prevent the large developer from using up all the water equivalencies. There was discussion as to whether the effect of the motion would freeze issuing all building permits. Councilman Shelton clarified his motion. MOTION: Councilman Shelton amended his motion to restrict it to the wording contained in the proposed Ordinance No. 154 as it relates to multiple dwellings and excluding residential dwellings. The amendment was accepted by Councilman Pipitone and the motion was unanimously carried by roll call vote. RECESS 9:00 p.m RECONVENED 9:15 P.M. C-3 Appointment of City Administrator to Self Insurance Fund Board of Directors Mr. Warden requested that he be appointed as the primary repre- sentative from the City to sit on the Board of Directors for the Self Insurance Fund and that Mr. Dowell be appointed as alternate. MOTION: Councilman Brown moved that Council appoint the City Administrator as the primary representative on the Board and that the Assistant City Administrator be 'appointed as the alternate. The motion was seconded by Councilman Shelton MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL June 27, 1977 and unanimously carried. C-4 Consideration of 1977-78 Budget - continued Mr. Warden reviewed the options presented to Council to establish a revenue plan for future City projects. One proposal was at the request of Councilman Shelton who wanted to see what a plan eliminating a water and sewer service charge and doubling the proposed water and sewer hookup charge to $1800 would look like. Also listed was a plan proposed by Councilman Rowland which eliminated the minimum charge, established a 38G sewer charge and a $900 sewer and water hookup charge. Councilman Brown suggested tht by eliminating the minimum, the City would lose revenues from the people who have vacation homes here and only use them periodically. He suggested putting at least a $2.00 minimum per billing period to save some of those revenues. A $2.00 minimum would not hurt the person conserving water. Councilman Shelton passed out a proposal outlining his plan to double the water and sewer hookup rates to $1800. There was con- siderable discussion about the various proposals with comments from Norman Phillips, Jim Silver, Tom Cantine and Howard Gaines. Mayor Mitchell stated that he would like to see the matter continued to the next meeting since he had only received Councilman Shelton's proposal this evening and was not prepared to act on it until he had studied it more thoroughly. MOTION: Mayor Mitchell moved that Council continue this matter to the next regular meeting. The motion was seconded by Councilman Shelton and unanimously carried. Mr. Warden stated that he would bring the operating budget back to the Council at the next meeting for their approval or disapproval so that the City can continue to pay bills. He asked for tentative approval of it until the Council next meets which is July llth. MOTION: Mayor Mitchell moved that Council give tentative approval to the operating budget to be brought back at the next meeting. The motion was seconded by Councilman Brown and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Council members had nothing to report at this time. E-2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden stated that Ab 164 was defeated in the Senate; this is the compulsory and binding arbitration bill for safety employees. (2) Mr. Warden stated that he had met with Congressman Panetta and representatives from Cuesta College and Cal Poly over the weekend with regard to the Camp San Luis Obispo property and uses thereof. Congressman Panetta is going to try to get a ninety day extension on granting this property and the various entites involved MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 27, 1977 Page Six are to make suggestions for possible uses. (3) Mr. Warden stated that the Chamber of Commerce is requesting the Dial -A -Ride bus to be operating on Sunday, July 3rd, on a fixed route basis; they are also requesting that it run on its regular demand/response route. Mr. Warden recommended denying the second request.because the City has not had any experience in trying the system on weekends and the cost factors are not known. There was discussion with regard to weekend service and Mr. Warden was directed by Council to report back on the costs involved. They approved the recommendations..with regard to the Chamber of Commerce. (4) Mr. Warden requested that Council approve, tentatively, a public hearing date of August Sth for the Wastewater Recla- mation Project Report. This was approved. (5) Mr. Warden asked if any Council members would be attending the Small Cities Roundup; no Council members wished to attend. ADJOURNMENT MOTION: Councilmen Brown moved that the meeting be adjourned. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting adjourned at 10:42 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL June 13, 1977 7:36 p.m. Morro.Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR A-1 Minutes of the special meeting of May 21, 1977 A-2 Minutes of the regular meeting of May 23, 1977 A-3 Minutes of the executive meeting of May 23, 1977 A-4 Expenditure Report, 5-1-77 through 5-15-77 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 Resolution No. 45-77 approving Agreement with the San Luis Obispo Coastal Unified School District for use of Police Officers.at school functions (RECOMMEND ADOPTION) A-7 Resolution No. 56-77 approving Joint Powers Agreement establishing the Central Coast Self Insurance Fund (RECOMMEND ADOPTION) A-8 Resolution No. 46-77 approving submission of Annual Transportation Claim (RECOMMEND ADOPTION) A-9 Resolution No. 47-77 approving renewal of U. S. Coast Guard Lease #DOT-CG12-4020 for the period 10-1-77 through 9-30-78 (RECOMMEND ADOPTION) A-10 Resolution No. 48-77 approving grant of Use Permit Agreement to the Morro Bay Chamber of Commerce (RECOMMEND ADOPTION INCLUDING ADDITIONAL ITEMS) A-11 Resolution No. 49-77 accepting work for Annual Street Resurfacing Project .(RECOMMEND ADOPTION) A-12 Resolution No. 50-77 accepting work for repainting exteriors of two Blanca Street water tanks (RECOMMEND ADOPTION) A-13 Resolution No. 51-77 accepting deed from the County of San Luis Obispo, "Speedway" property (RECOMMEND ADOPTION) A-14 Resolution No. 52-77 accepting easements and directing recordation Ponderosa Street right of way (RECOMMEND ADOPTION) A-15 Resolution No. 53-77 concurring in the County Solid Waste Manage- ment Plan (RECOMMEND ADOPTION) A-16 Resolution No. 54-77 designating the County Division of Environ- mental Health as the enforcement agency for the Solid Waste Manage- ment Plan (RECOMMEND ADOPTION) A-17 Resolution No. 55-77 of necessity for Quiet Title Action (RECOMMEND ADOPTION) A-18 Public hearing on impasse with Morro Bay Peace Officers Association (RECOMMEND HEARING DATE BE SET FOR JUNE 27, 1977) A-19 Claim of Tom McLaughlin for sewer damages (RECOMMEND PAYMENT IN THE AMOUNT OF $377.00) A-20 Bid for Beach Street Floating Boat Docks (RECOMMEND BID BE AWARDED TO McGRAY CONSTRUCTION COMPANY IN THE AMOUNT OF $33,485) A-21 Bid for pump and motor for Boone Well (RECOMMEND BID BE AWARDED TO FLOYD V. WELLS, INC. IN THE AMOUNT OF $4,808) A-22 Bid for Beachcomber FAU Project (RECOMMEND BID BE AWARDED TO BURKE CONSTRUCTION COMPANY IN THE AMOUNT OF $100,165) A-23 Transfer Voucher No. 6-7-24 to cover costs for additional redrock on La Jolla Street resurfacing program (RECOMMEND AUTHORIZATION FOR TRANSFER IN THE AMOUNT OF $1268) A-24_Review of Elderly/Handicapped Transportation Plan (RECOMMEND DEFER ACTION) HEARINGS, APPEARANCES, AND REPORTS B-1 Report from City Administrator on notification of grant applica- tion for night lighting at Keiser Park 9 0 AGENDA - MORRO BAY CITY COUNCIL June 13, 1977 Page Two NEW BUSINESS D-1 Consideration of approval of Final Map for H & W Enterprises condominium project UNFINISHED BUSINESS C-1 Approval of City Employees Association Memorandum of Understanding C-2_ Consideration of uses for surplus Federal property at Camp San Luis Obispo C-3 Consideration of 1977/78 Budget - continued INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 13, 1977 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None STAFF PRESENT: Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael T. LeSage, City Attorney Dave Braga, Recreation Director George Chrissakis, City Engineer Bill Lane, Fire Chief Jim Nuzum, Planning Director Dick Schacht, Police Chief Doug Stuart, Public Works Director Ardith Davis, Deputy City Clerk CONSENT CALENDAR A-1 Minutes of the special meeting of May 21, 1977 A-2 Minutes of the regular meeting of May 23, 1977 A-3 Minutes of the executive meeting of May 23, 1977 A-4 Expenditure Report, 5-1-77 through 5-15-77 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 Resolution No. 45-77 approving Agreement with the San Luis Obispo Coastal Unified School District for use of Police Officers at school functions (RECOMMEND ADOPTION) A-7 Resolution No. 56-77 approving Joint Powers Agreement establishing the Central Coast Self Insurance Fund (RECOMMEND ADOPTION) A-8 Resolution No. 46-77 approving submission of Annual Transportation Claim (RECOMMEND ADOPTION) A-9 Resolution No. 47-77 approving renewal of U. S. Coast Guard Lease #DOT-CG12-4020 for the period 10-1-77 through 9-30-78 (RECOMMEND ADOPTION) A-10 Resolution No. 48-77 approving grant of Use Permit Agreement to the Morro Bay Chamber of Commerce (RECOMMEND ADOPTION INCLUDING ADDITIONAL ITEMS) A-11 Resolution No. 49-77 accepting work for Annual Street Resurfacing Project (RECOMMEND ADOPTION) A-12 Resolution No. 50-77 accepting work for repainting exteriors of two Blanca Street water tanks (RECOMMEND ADOPTION) A-13 Resolution No. 51-77 accepting deed from the County of San Luis Obispo, "Speedway" property (RECOMMEND ADOPTION) A-14 Resolution No. 52-77 accepting easements and directing recordation Ponderosa Street right of way (RECOMMEND ADOPTION) A-15 Resolution No. 53-77 concurring the County Solid Waste Manage- ment Plan (RECOMMEND ADOPTION) A-16 Resolution No. 54-77 designating the County Division of Environ- mental Health as the enforcement agency for the Solid Waste Manage- ment Plan (RECOMMEND ADOPTION) A-17 Resolution No. 55-77 of necessity for Quiet Title Action (RECOMMEND ADOPTION) MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 13,' 1977 Page Two A-18 Public hearing on impasse with Morro Bay Peace Officers Association (RECOMMEND HEARING DATE BE SET FOR JUNE 27, 1977) A-19 Claim of Tom McLaughlin for sewer damages (RECOMMEND PAYMENT IN THE AMOUNT OF $377.00) A-20 Bid for Beach Street Floating Boat Docks (RECOMMEND BID BE AWARDED TO McGRAY CONSTRUCTION COMPANY IN THE AMOUNT OF $33,485) A-21 Bid for pump and motor for Boone Well (RECOMMEND BID BE AWARDED TO FLOYD V. WELLS, INC. IN THE AMOUNT OF $4,808) A-22 Bid for Beachcomber FAU Project (RECOMMEND BID BE AWARDED TO BURKE CONSTRUCTION COMPANY IN THE AMOUNT OF $100,165) A-23 Transfer Voucher No. 6-7-24 to cover costs for additional redrock on La Jolla Street resurfacing program (RECOMMEND AUTHORIZATION FOR TRANSFER IN THE AMOUNT OF $1268) A-24 Review of Elderly/Handicapped Transportation Plan (RECOMMEND DEFER ACTION) Mayor Mitchell reviewed all items on the Consent Calendar. Under correspondence was a letter from Rosemary Bulat thanking the City for the Dial -A -Ride bus system, a letter from J. C. McCrory complimenting the Recreation Department and thanking the City for the use of Lila Keiser Park, a letter from Wendell Wheeler of the Morro Bay Area State Parks Advisory Committee requesting consideration of widening South Bay Boulevard, and a resolution from the City of San Dimas supporting AB 965, Youth and Family Projects. Mr. Warden advised that the Morro Bay Peace Officers Association representative had called this date and requested that Item A-18, public hearing for MBPOA impasse, be deleted. MOTION: Councilman Brown moved for the appproval of the Consent Calendar, Items A-1 through A-24 with the exception of A-18, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Pipitone and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS B-1 Report from City Administrator on notification of grant applica- tion for night lighting at Keiser Park Mr. Warden advised the Council that the City's application for a grant to put night lighting at Keiser Park had been approved. The City will have to provide approximately $7,000 either in actual monies or in lieu work. Mr. Warden pointed out to the Council that there is only a five year lease on Keiser Park with P. G. & E. He does not anticipate that P. G. & E. will want the area for anything, however, they will not grant a lease any longer than in five year increments. It was noted that there would be a two to three year period in which the City would have time to remove its equipment and place it else- where if P. G. & E. decided they had to have the property back. MOTION: Councilman Pipitone moved that the City Administrator be directed to proceed with the grant on the night lighting at Keiser Park. The motion was seconded by Councilman Brown and unanimously carried. NEW BUSINESS D-1 Consideration of approval of Final Map for H & W Enterprises condominium project Mr. Nuzum explained that this is an application for a ten -unit condominium in an R-3 zone at 615 Piney Way. It is necessary, in that MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL June 13, 1977 condominiums are considered subdivisions, that the Council approve the Final Map for this project and direct the City Clerk to sign same. He stated that the Planning Commission had considered the environmental impact of the project and granted a Negative Declaration Status and the Subdivision Committee had also certified to the Tentative Map's completeness and accuracy. Councilman Rowland asked if this project is within the water equivalencies. Mr. Nuzum stated that it is. MOTION: Councilman Brown moved that the City Clerk be directed to sign the Final Map for H & W Enterprises and the findings listed on page 1 of Mr. Nuzum's memo be included as part of the motion. The motion was seconded by Mayor Mitchell and unanimously carried. UNFINISHED BUSINESS C-1 Approval of City Employees Association Memorandum of Understanding Mr. Warden explained that this MOU brings forward all the pro- visions of the last MOU and increases the total package to 6.1% with a 5.15% increase.on salary. The Council had previously approved this negotiated increase and the City Employees association had agreed to it. MOTION: Councilman Brown moved that the Memorandum of Understanding with the City Employees Association be approved. The motion was seconded by Councilman Rowland and unanimously carried. C-2 Consideration of uses for surplus Federal property at Camp San Luis Obispo Mr. Warden stated that the Federal Government is offering the 1150 acres across from Cuesta College as surplus property. He requested that Council authorize him to pursue acquisition of this property. Although it is unlikely that the reclamation project will go and, therefore, provide the City with a definite need for the property, the State has still not given the City a final written no on the project. Mr. Warden felt that the City should keep all options open with regard to this property until the City has a final no on the reclamation project; it is possible that the property could be used for an off - road motor vehicle track or other recreational uses. After considerable discussion, Council approved pursuing acquisi- tion of the property either for a reclamation project or recreational uses; both projects in a very generalized way. C-3 Consideration of 1977/78 Budget - continued Council members decided to pick-up where they left off at the budget study session and start with those budget accounts which had not been discussed. 1. Budget Account 1000 - City Council MOTION: Councilman Shelton moved for the approval of Budget Account 1000. The motion was seconded by Councilman Pipitone. There was considerable discussion with regard to the reserve schedule and how to approach it. Some Council members expressed MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 13; 1977 Page Four dissatisfaction with the proposed water rate increase. Councilman Pipitone suggested that the Council look at the budget with the idea that they will attempt to cut it $104,000 which is the amount scheduled to be derived from increased water rates. Mr. Warden advised the Council that it is possible that the City will be eligible for drought relief funds up to $800,000 on a low interest, long term loan. Council members felt that Mr. Warden should pursue this avenue. The motion approving Budget Account 1000 was unanimously carried. 2. Budget Account 1100 - City Administration Mr. Warden stated that the main increases in this budget come from the City's allocation for the new League of California Cities building in Sacramento, Barbara Finley's salary being transferred from Planning and Building to this department, and the purchase of an IBM Memory Typewriter. There was considerable discussion regarding the necessity of the memory typewriter with Mr. Warden outlining the advantages of it. Councilmen Pipitone and Rowland felt that this item could be deleted. MOTION: Councilman Brown moved for the approval of Budget Account 1100. The motion was seconded by Councilman Shelton and carried with Councilmen Pipitone and Rowland voting no. 3. Budget Account 1400 - Legal Mr. Warden explained that the $7,200 budgeted was for a retainer for Mr. LeSage to do routine work and the $6,000 is for additional work as required on an hourly basis. Mr. LeSage was asked to explain what services were provided on the retainer and what services were charged for. Mr. LeSage explained that the retainer included appearances at Council meetings, conversations with the City Administrator over day- to-day activities and preparation of some resolutions and ordinances. The hourly fee was charged for intensive research projects, litigation, special projects, etc. Mr. Warden also advised Council that he was in receipt of a request from Mr. LeSage to increase his hourly rate from $30.00 to $40.00. An increase has not been requested since Mr. Madden was City Attorney several years ago. Howard Gaines felt that the City should go to bid on special legal projects. MOTION: Councilman Rowland moved for the approval of Budget Account 1400. The motion was seconded by Councilman Brown and unanimously carried. It was estimated that this would increase Budget Account 1402.15 to $8,000. Councilman Brown amended his motion to include the raise as requested by Mr. LeSage to increase his hourly rate to $40.00 for a budget total of $15,200. The amendment was accepted by Councilman Rowland the motion was unanimously carried. 4. Budget Account 1500 - Finance MOTION: Councilman Brown moved for the approval of Budget Account 1500. The motion was seconded by Councilman Shelton and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 13, 1977 Page Five 5. Budget Account 2000 - Elections MOTION: Councilman Shelton moved for the approval of Budget Account 2000. The motion was seconded by Councilman Brown and unanimously carried. 6. Budget Account 2200 - General Services Mr. Warden stated that the main increase in this budget account was in the area of liability insurance. MOTION: Councilman Brown moved for the approval of Budget Account 2200. The motion was seconded by Councilman Pipitone and unanimously carried. 7. Budget Account 2700 - Animal Regulation MOTION: Councilman Pipitone moved for the approval of Budget Account 2700. The motion was seconded by Councilman Brown and unanimously carried. 8. Budget Account 2800 - Civil Defense MOTION: Councilman Brown moved for the approval of Budget Account 2800. The motion was seconded by Councilman Pipitone and unanimously carried. RECESS 9:05 p.m. RECONVENED 9:23 p.m. 9. Budget Account 2500 - Police There was a general discussion as to the budget reserve schedules including the alternative of deleting items from the budget in order to meet the reserve commitments. Councilman Rowland felt that it was the Council's job to cut where they can whether or not there is a reserve to worry about. Councilman Shelton felt that the budget presented to Council is already a lean budget, however, guidance could be given to Staff if Council feels that certain items can be deleted. MOTION: Councilman Rowland moved for the approval of Budget Account 2500. The motion was seconded by Councilman Shelton and unanimously carried. 10. Budget Account 2600 - Fire Protection MOTION: Councilman Rowland moved for the approval of Budget Account 2600. The motion was seconded by Councilman Brown and unanimously carried. 11. Budget Account 2300 - Parks & Recreation There was considerable discussion about 2305.32, Improvements not Buildings. Council members felt that the irrigation systems at Monte Young Park and Morro Bay Park could be deleted along with the safety surface under the playground equipment at Keiser and Monte Young Parks. Also considered for deletion was the drought resistant plants to be planted in the street medians and the renovation of the infield at Keiser Park. Dave Braga explained that the new surface to be placed in the infield would reduce injuries when ball players slide and also reduce maintenance since the surface will not blow away. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 13, 1977 Page Six There was also discussion with regard to the $8,000 to be used to design Del Mar Park. Mr. Shelton suggested that it might be easier to obtain a grant if the City has a plan in hand and Mr. Warden confirmed this. It was suggested that this year Council start a fund with $2,000 to work towards the design and development of this park. MOTION: Councilman Pipitone moved that from Account 2305.32 the following items be deleted: $3,000 for the surface under the safety equipment at Keiser Park; $600 for the surface under the safety equipment at Monte Young Park; $800 for automatic irrigation system at Monte Young Park; $4,500 for drought resistant plants at street medians; $2,500 for automatic irrigation system at Morro Bay Park; and $8,000 for design of Del Mar Park, however, leave $2,000 to start a fund for the design and development of this park. The motion was seconded by Councilman Brown. Councilman Shelton felt that the design for Del Mar Park should be left in because of the chances to get a grant to proceed with the development of the Park. He stated that the people in that area are very interested in seeing a park developed in Del Mar. The motion was carried on the following roll call vote: AYES: Councilmen Brown, Pipitone and Mayor Mitchell NOES: Councilmen Rowland and Shelton There was considerable discussion about the Senior Citizens' request for a pool table for $500. Comments were heard from Howard Gaines, Carl Williams, Lillian Souza, Ernest Souza and Lila Keiser. Council was unable to determine whether or not the membership actually wanted the pool table. MOTION: Councilman Brown moved that Council leave the $500 in the budget for a pool table for the Senior Citizens and, if they vote it down, the item will be deleted from the budget. Councilman Shelton seconded the motion. Councilman Rowland felt that since the Seniors have money in their fund, this item should be deleted; especially since Council had just deleted safety measures for children in the parks. Mayor Mitchell was not in favor of the motion because he felt Council should make the decision on the budget and not leave it up to the Senior Citizens. The motion was carried on the following roll call vote: AYES: Councilmen Brown, Pipitone and Shelton NOES: Councilmen Rowland and Mayor Mitchell MOTION: Councilman Shelton moved for the approval of Budget Account 2300 with the modifications. The motion was seconded by Councilman Brown and unanimously carried. 12. Budget Account 3900 - Planning & Building MOTION: Councilman Brown moved for the approval of Budget Account 3900. The motion was seconded by Councilman Rowland. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting Page Seven Councilman Pipitone asked if the updating of the could be delayed. Mr. Warden stated that the City was for the General Plan. The motion was unanimously carried. General Plan under contract 13. Budget Account 1600 - Planning Commission MOTION: Councilman Shelton moved for the approval of Budget Account 1600. The motion was seconded by Councilman Brown and unanimously carried. 14. Budget Account 1900 - Community Promotion Mr. Warden stated that Staff had made an analysis of the proposal to move the Chamber of Commerce office into the Harbor Office after it is vacated by the Public Works Department. This is feasible and an arrangement can be worked out whereby the Chamber mans the Harbor Office telephones when the harbor patrolmen are out of the office. The utility bill for Chamber use will be minimal. He stated that if Council intended to allow the Chamber 25% of the Bed Tax monies this year, there would have to be an increase in the present budgeted allocation of $30,620. The estimated revenue from bed tax for next fiscal year is $136,760, which would mean the Chamber will be entitled to an additional $3,320. This also means that the Council will have to try to cut an additional $3,320 from the rest of the budget if they wish to reach their goal of cutting $104,000 from the budget. MOTION: Councilman Shelton moved that Council approve the $30,620 as suggested in the budget with an additional $500 to be added for the Youth Symphony to make a total 1900 budget of $31,120. The motion died for lack of a second. Mayor Mitchell felt that the Chamber should receive the 258 of the bed tax. Councilman Pipitone stated that if the Chamber moves to the Harbor Office they will not have to spend the $2800 a year they have been spending on renting office space. This means they will have an additional $2800 besides the increase in allowing them 258 of the bed tax. MOTION: Councilman Brown moved that the Chamber of Commerce be authorized the 258 of the bed tax to total an estimated $33,940; authorize $500 for San Luis Obispo County Symphony; and $500 for San Luis Obispo Youth Symphony; and the $120 budgeted for Hotline. The motion was seconded by Mayor Mitchell. There was a discussion regarding whether or not the Chamber is actually responsible for bringing more people into Morro Bay with comments from Richard Palmer and Wilma McLain, who stated that Chamber employees have gone without a Cost of Living increase for two years. The motion carried on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland and Mayor Mitchell NOES: Councilman Shelton MOTION: Councilman Rowland moved that Council acknowledges that MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 13, 1977 Page Eight if 25% of the estimated bed tax exceeds the $33,940 budgeted, Council will transfer the necessary funds to cover it; they also acknowledged that there could be a deficit in the budgeted amount. The motion was seconded by Councilman Brown and carried with Councilman Shelton voting no. RECESS . 10:55 p.m. RECONVENED 11:07 p.m. 15. Budget Account 1800 - General Government Buildings Councilman Rowland brought up the request of the Morro Bay Women's Club for the City to supplement their $300 in the amount of $300 to purchase new drapes for the Vet's Hall. MOTION: Councilman Rowland moved that $300 be added to supplement the $300 from the Women's Club for drapes at the Vet's Hall. The motion was seconded by Councilman Brown and unanimously carried. MOTION: Councilman Pipitone moved for the approval of Budget Account 1800 as modified. The motion was seconded by Councilman Shelton and unanimously carried. 16. Budget Account 3000 - Engineering and Administration MOTION: Councilman Pipitone moved that the Engineering Aide position be deleted. The motion was seconded by Councilman Brown. Mr. Warden explained to the Council the necessity for this position in the Public Works office and reviewed the duties being accomplished by the individual to fill the position. He is currently being paid out of anti -recession funds and it is anticipated that he will continue to be paid out of anti -recession funds as long as they last. However, the City cannot assure that there will be enough funds to cover his salary for the entire fiscal year. Councilman Pipitone felt very strongly that there were enough people in the Engineering Department and that this additional employee is unnecessary. The motion carried on the following roll call vote: AYES: Councilmen Brown, Pipitone, and Rowland NOES: Councilman Shelton and Mayor Mitchell There was further discussion on the matter with Councilman Shelton asking if Mr. Boucher, the proposed Engineering Aide could be kept on with anti -recession monies and the City could authorize supplementing the salary if the anti -recession funds run out. MOTION: Councilman Shelton moved that Staff be directed to supplement the anti -recession funds for the Engineering Aide position to extend the position to the end of the next fiscal year. The motion was seconded by Mayor Mitchell and carried on the following roll call vote: AYES: Councilmen Brown, Shelton and Mayor Mitchell MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 13, 1977 Page Nine NOES: Councilmen Pipitone and Rowland MOTION: Councilman Shelton moved for the approval of Budget Account 3000 with the modification. The motion was seconded by Mayor Mitchell and carried with Councilman Pipitone voting no. 17. Budget Account 3100 - Parking Facilities MOTION: Councilman Shelton moved for the approval of Budget Account 3100. The motion was seconded by Mayor Mitchell and unanimously carried. 18. Budget Account 3200 - Storm Drains MOTION: Councilman Brown moved for the approval of Budget Account 3200. The motion was seconded by Councilman Rowland and unanimously carried. 19. Budget Account 3300 - Streets MOTION: Councilman Shelton moved for the approval of Budget Account 3300. The motion was seconded by Councilman Brown and unanimously carried. 20. Budget Account 3400 - Sanitary MOTION: Councilman Brown moved for the approval of Budget Account 3400. The motion was seconded by Councilman Shelton and unanimously carried. 21. Budget Account 3500 - Transportation (DRT) Mr. Warden discussed the proposed linkage between San Luis Obispo and Morro Bay and requested authorization to apply for an additional bus through UMTA to create a complete system between San Luis Obispo and Morro Bay with stops at Cuesta College. 'There was discussion on this proposal with Council advising Mr. Warden to go ahead. MOTION: Councilman Brown moved for the approval of Budget Account 3500. The motion was seconded by Councilman Shelton and unanimously carried. 22. Budget Account 3600 - Water Department MOTION: Councilman Shelton moved for the approval of Budget Account 3600. The motion was seconded by Councilman Brown and unanimously carried. 23. Budget Account 3700 - Harbor Department MOTION: Councilman Shelton moved for the approval of Budget Account 3700. The motion was seconded by Councilman Brown and unanimously carried. 24. Budget Account 4000 - Street Lighting MOTION: Councilman Brown moved for the approval of Budget Account 4000. The motion was seconded by Councilman Rowland and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 13, 1977 Page Ten 25. Budget Account 2900 - School Crossing Guard MOTION: Councilman Shelton moved for the approval of Budget Account 2900. The motion was seconded by Councilman Brown and unanimously carried. There was discussion with regard to what Council wished to do as far as adopting any rate increases. Councilman Shelton stated that he would like to see a proposal from Staff.which would increase the proposed water and sewer hook-ups by double. He felt that this would enable the Council to avoid having to implement a water and sewer charge. There were other suggestions and Council decided that this matter could be put on the June 27th agenda for discussion and review of Staff's proposals. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Brown stated that LAFCO is considering annexation of approximately 10 acres East of Juniper Avenue in Morro Bay. The City of Morro Bay will receive this matter after considera- tion by LAFCO. (2) Councilman Shelton stated that he had received complaints that some citizens were experiencing residue on their vehicles possibly from P. G. & E. Mr. Warden said he would check it out. (3) Councilman Rowland requested an executive session to discuss a personnel matter. E-2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden reviewed the City's proposed application for a drought relief loan from the Federal Government. (2) Mr. Warden discussed a possible JPA with the City of San Luis Obispo for a bus system between San Luis Obispo and Morro Bay. (3) Mr. Warden stated that he had been informed by the Senior Citizens that they don't need the Senior van anymore except for runs to San Luis Obispo when someone has to go to the doctor. He stated that he would like to explore using the van for a back-up to the City's bus system and continue using it to transport seniors to San Luis Obispo twice a week for their doctor appointments. Council concurred in this. (4) Mr. Warden stated that he would like to bring a recommendation to the Council at the next meeting which would preclude one builder from absorbing all multiple dwelling units in one year with one project. Also a clarification of the meaning of subdivision needed to be made. (5) Mr. Warden requested an executive session also to discuss labor negotiations. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 13, 1977 Page Eleven ADJOURNMENT MOTION: Councilman Brown moved that the meeting adjourn to executive session to discuss personnel matters. The motion was seconded by Councilman Shelton and unanimously carried. The meeting adjourned to executive session at 12:16 a.m. and returned to regular session at 12:35 a.m. MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Councilman Shelton and unanimously carried. The meeting adjourned at 12:35 a.m. Recorded by M. L. WARDEN, City Clerk By: Arditth Davis Deputy City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, May 23, 1977, at 7:30 p.m., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the County -Wide Solid Waste Manage- ment Plan; at which said hearing any person interested may appear and express his views for, against, or in modification of said Plan. DATED: May 9, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California By: �ARDEN, City C erk MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 23, 1977 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Councilman Brown with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland and Shelton ABSENT: Mayor Mitchell STAFF PRESENT: Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael T. LeSage, City Attorney Dave Braga, Recreation Director Bill Lane, Fire Chief Jim Nuzum, Planning Director Dick Schacht, Police Chief Doug Stuart, Public Works Director Ardith Davis, Deputy City Clerk Councilman Brown stated that Mayor Mitchell was out of town, therefore, he as Mayor Pro Tem would chair the meeting. CONSENT CALENDAR A-1 Minutes of the regular meeting of May'9, 1977 A-2 Minutes of the executive meeting of May 9, 1977 A-3 Financial Report, 7-1-76 through 4-30-77 (RECOMMEND APPROVAL) A-4 Expenditure Report, 4-15-77 through 4-30-77 (RECOMMEND APPROVAL) A-5 Resolution No. 39-77 establishing the building permit system with regard to flood hazard areas so as to be eligible for National Flood Insurance (RECOMMEND ADOPTION) A-6 Resolution No. 40-77 calling for a contract with the California Highway Patrol for Abandoned Vehicle Abatement Participation (RECOMMEND ADOPTION) A-7 Resolution No. 41-77 approving Comprehensive Employment and Training Act of 1973 Work Site Agreement with the County of San Luis Obispo (RECOMMEND ADOPTION) A-8 Resolution No. 42-77 approving agreement for Annual Audit for the Fiscal Year ending June 30, 1977 (RECOMMEND ADOPTION) A-9 Resolution No. 43-77 approving sublease on portion of Lease Site No. 18, Myers (RECOMMEND ADOPTION) A-10 Award bid for electrical modification to 695 Harbor Street to Harbor Supply Company for $2,994 (RECOMMEND APRPOVAL) A-11 Resolution No. 44-77 accepting work and giving notice of completion for construction of Dunes Street Landscaping Project, Phase I (RECOMMEND ADOPTION) Councilman Brown reviewed all items on the Consent Calendar. MOTION: Councilman Shelton moved for the approval of the Consent Calendar, Items A-1 through A-11, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Rowland. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 23, 1977 Page Two Councilman Pipitone asked that Item A-8 be withdrawn from the Consent Calendar to be discussed under New Business. Councilman Shelton amended his motion to exclude Item A-8 from the approval. The amendment was accepted by Councilman Rowland and the motion was unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Hearing on County -Wide Solid Waste Management Plan, presentation by Bert Townsend, County Health Department Mr. Townsend briefly outlined the contingencies in the Plan for the Council. The Plan is a twenty-five year Plan with costs to the City not to exceed those presently being paid for waste disposal services. He asked that Council, at a subsequent meeting, approve the plan by resolution and, also by resolution, designate an enforcement agency for the Plan which will probably be the County Health Depart- ment. Councilman Shelton asked if this Plan had any proposals for disposal of radioactive waste. Mr. Townsend stated that they had some responsibility in this area, but not for actual disposal. Councilman Brown opened the public hearing at 7:45 p.m. and asked if anyone wished to comment on the County -Wide Solid Waste Management Plan. As there were no comments, the hearing was closed at 7:46 p.m. MOTION: Councilman Brown moved that Council direct Staff to prepare a resolution approving the Plan and indicating the Health Department as the enforcing agency of the Plan. The motion was seconded by Councilman Pipitone and unanimously carried. UNFINISHED BUSINESS N .f3Sa NEW BUSINESS D-1 Resolution No. 42-77 approving agreement for Annual Audit for the Fiscal Year ending June 30, 1977 Councilman Pipitone stated that the reason he had requested that this matter be withdrawn from the Consent Calendar is that he has had some dealings with Mr. Sage of Knight, Towle, Sage and Johnson and felt that he should disqualify himself from voting on this matter because of a possible conflict of interest. MOTION: Councilman Brown moved for the adoption of Resolution No. 42-77. The motion was seconded by Councilman Rowland. Councilman Shelton asked Mr. Warden if the contract for an auditor had to be advertised for bids. Mr. Warden stated that this is a professional services contract and does not have to go to bid. The City's practice has been to find a firm with experience in municipal auditing. The City then re-engages the firm each year unless, of course, they are dissatisfied with their services in which case the Council can request the services of another auditor. In this case, the City Staff and, apparently, the Council have been satisfied with the services of this firm. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 23, 1977 Page Three The motion was unanimously carried with Councilman Pipitone abstaining. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Rowland reported on the City Councilmen and Mayor's Legislative Institute sponsored by the League of California Cities. (2) Councilman Pipitone suggested that the minutes include the names of the Staff members present so that that informa- tion can become a permanent part of the record. Councilman Brown thought that perhaps it would be easier to include only those Staff members not present. E-2 City Attorney Mr. LeSage had nothing to report. E-3 City Administrator (1) Mr. Warden requested an executive session to discuss labor negotiations. (2) Mr. Warden advised the Council that the Blue Eagle had moved from the City T Pier to a dock at the Brebes T Pier. The Yorida, however, is still at the City T Pier and the penalty fees went into effect May 15th. ADJOURNMENT MOTION: Councilman Brown moved that the meeting adjourn to executive sesion to discuss personnel matters. The motion was seconded by Councilman Shelton and unani- mously carried. The meeting adjourned to executive session at 7:56 p.m. and returned to regular session at 8:38 p.m. MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned at 8:39 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Saturday, May 21, 1977, at 9:00 a.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, to.consider the proposed uses for.'Revenue Sharing funds; at which said hearing any person . interested may appear and express his views for, against, or in modification of said plan. DATED: May 9, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M . WARDEN, City Clerk NOTICE OF SPECIALMEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Saturday, May 21, 1977, at 9:00 a.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, to consider the 1977-78 Budget. DATED: May 9, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California B M. L. WARDEN, City Clerk 9 MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 21, 1977 9:00 a.m. Morro Bay Recreation Hall The meeting was called to order at 9:00 a.m. by Mayor Mitchell. PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None Mayor Mitchell stated that this meeting had been called for the purpose of reviewing the 1977-78 Budget and holding a hearing on proposed Revenue Sharing projects. Mr. Warden began by reviewing the estimated revenues and expenditures and stated that he had attempted and succeeded in holding the increase in the budget down to the Cost of Living Index. 1. Police Protection - Account No. 25 Mr. Warden stated that the main difference between this budget and last year's is in the purchase of two vehicles. He explained that the City is converting from leasing to purchasing vehicles because the City recently hired an additional mechanic to service the Dial -A -Ride busses and the City now has sufficient man -power to handle this extra work. Mr. Warden answered several questions from Council regarding this budget. There was discussion as to whether or not to make a motion to approve each individual budget account. Councilmen Shelton and Pipitone felt that the meeting today should be used to review and ask questions and that any voting should be held off until a later date at which time Council will have had additional time to study the budget proposals and provide input. There was some discussion on this policy with the decision to forego voting on each item at this time. Howard Gaines did not feel that there had been enough public notice on this meeting or the contents of the budget. 2. School Crossing Guard - Account No. 29 No action or comments 3. Fire Protection - Account No. 26 Some discussion RECESS 10:37 a.m. RECONVENED 10:46 a.m. 4. Parks & Recreation - Account No. 23 Councilman Pipitone stated that although he agreed with the Parks and Recreation Commission on increasing the Director's salary commensurate with other department heads, he questioned whether or not the City of Morro Bay is ready for a recreation program budget in the amount of $157,000. Mr. Warden reviewed the proposed expenditures for this department. Comments were heard from Mary Phillips, Lila Kesier, Steve Boyle, and Howard Gaines. There was considerable discussion with regard to the Senior Citizens request for a pool table and stero in the amount of $700 which the Parks and Recreation Commission had recommended for deletion. 4 4 MINUTES - MORRO BAY CITY COUNCIL Special Meeeting May 21, 1977 Page Two Rod Pound stated that with regard to the Recreation Department Budget, consideration should be given to the demands of the community to utilize these worthwhile programs. Emil Glende stated that he would like to see some horse shoe pits at one of the parks. 5. Planning & Buildings - Account No. 39 Mr. Warden stated that the decrease in this budget was due to moving Barbara Finley's salary accounting to the Administration Department. 6. Planning Commission - Account No. 16 No action or comments. 7. Community Promotion - Account No. 19 Mr. Warden stated that the Chamber of Commerce was requesting a $9,000 increase from the $30,000 limit set by Council at the last budget year. In effect, they wanted the limit lifted on the 25% of the occupany tax monies that they now receive. Councilman Rowland suggested that moving the Chamber of Commerce into the Harbor Office when the Public Works Office is relocated might be a solution to the problem of having the Harbor Office phones manned daily and perhaps solve some financial problem for the Chamber as well. Bob DeSomers, Chamber president, reviewed Chamber activities for the past year and Chamber manager, Richard Palmer reviewed their proposed budget. There was considerable.discussion regarding this matter with the merits of Rock-O-Rama being discussed and comments heard from Betty Floercky, Howard Gaines and Mary Phillips. A presentation was made from San Luis Obispo County Symphony Association outlining the past years' accomplishments and requesting support from the Council in the amount of $500. MOTION: Councilman Brown moved lunch. The motion was unanimously carried. RECESS 12:26 p.m. that the meeting recess for seconded by Mayor Mitchell and RECONVENED 2:12 p.m. 8. General Government Buildings - Account No. 18 Councilman Rowland stated that she had received a call from the Women's Club which meets in the Vet's Hall. They wanted to know if the City would pick up the difference between the $300 they had raised for purchasing drapes for the Vet's Hall and the actual cost of the drapes which is estimated to be no more than $300. Council felt that this item could be added in. 9. Engineering and Administration — Account No. 30 . Mr. Warden stated that the major area of change in this 0 MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 21, 1977 Page Three budget was the addition of an Engineering Aide to be filled by a present CETA employee. It is possible that part of his salary could be paid through anti -recession funds, however, the City must be prepared to finance this position should these funds not be forthcoming. Mr. Warden stated that this was a very necessary position and since Mr. Boucher has been filling it, he has proved a very capable employee. Councilman Pipitone questioned the City's hiring practices and stated that he did not feel the City needed an additional engineering employee. Councilman Shelton asked about the use of the Harbor Office for a Chamber of Commerce office and Mr. Warden stated that Staff would come back to Council with an analysis of this proposal. 10. Parking Facilities - Account No. 31 No action or comments. 11. Storm Drains - Account No. 32 No action or comments. 12. Street Department - Account No. 33 Mr. Warden reviewed; there was some discussion on San Jacinto Street signal and Beachcomber project, both being carried over from the 1976/77 budget. 13. Sanitary - Account No. 34 Councilman Pipitone asked about the replacement of a sanitary employee with a CETA trainee. Mr. Warden reviewed the CETA contract provisions. 14. Transportation - Account No. 35 Howard Gaines stated that the Senior Citizens were having difficulty in finding drivers for the Senior Bus and were giving notice that their daily operation would cease as of June 15th. They would keep the bus in operation for trips to San Luis Obispo and special requests. Dial -A -Ride is supplementing their operation now. There was considerable discussion regarding this matter. RECESS 3:35 p.m. RECONVENED 3:45 p.m. 15. Water Department - Account No. 36 Some questions; no action. 16. Harbor Department - Account No. 37 Councilman Pipitone asked about the deletion of the request for a restroom at the City Harbor Yard. Mr. Warden stated that in cutting expenses wherever possible, it was felt that this one could go. 17. Street Lighting - Account No. 40 No action or comments. Mayor Mitchell declared the hearing open regarding Revenue I 10 MINUTES - MORRO Special Meeting Page Four BAY CITY COUNCIL May 21, 1977 Sharing expenditures at 4:07 p.m. Mr. Warden stated that last years' appropriation of $109,228 for acquisition of water well property and development was to be carried over this year and this year's appro- priation of $102,478 would also go to this project for a total of $211,706. Mary Phillips wanted to play a recording of Clint Milne regarding the water, however, Council did not feel it was appropriate at this time. Mr. Warden reviewed the reserve schedule and stated that in order to meet the costs of water and sewer projects that will be facing the City in the near future, it is necessary to raise enough money to be able to pay for them. This means that Council should consider adopting a water rate increase and/or a sewer service charge. Several options were presented to Council for consideration with Staff recommending that Council implement a plan which would increase water.rates by 254 per 100 cubic feet of metered water, imposition of 38C per 100 cubic feet of metered water usage as a sewer service charge and a $900 hookup charge per dwelling unit for new construction. There was considerable discussion regarding the alternatives. Councilman Shelton asked what the impact would be on charging water rates on actual usage rather than on a minimum. Mr. Warden stated that this had not been considered. Councilman Pipitone stated that he would rather see a total charge of 75C for sewer rather than an increase in water rates. Comments were heard from Tom Cantine. Council members decided that they would consider the budget and discussion heard today and would again consider the budget and the remaining budget accounts on June 13th, the first regular meeting in June. Mayor Mitchell declared the public hearing closed after asking if there were any further comments on Revenue Sharing at 5:17 p.m. MOTION: Councilman Pipitone moved that the meeting be adjourned. The motion was seconded by Councilman Shelton and unanimously carried. The meeting adjourned at 5:18 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk 0 # CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL May 9, 1977 - 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR A-1 Minutes of the regular meeting of April 25, 1977 A-2 Minutes of the executive meeting of April 25, 1977 A-3 Expenditure Report, 4-16-77 through 4-30-77 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Transfer Voucher No. 6-7-21 in the amount of $19,747 for increases in liability insurance (RECOMMEND AUTHORIZATION FOR TRANSFER) A-6 Study Session for 1977-78 Budget and Revenue Sharing hearing (RECOMMEND HEARING DATE BE SET FOR MAY 21, 1977) A-7 Hearing on Solid Waste Management Plan (RECOMMEND HEARING DATE FOR MAY 23, 1977) A-8 Resolution No. 36-77 approving sublease on a portion of Lease Site No. 18, Myers (RECOMMEND ADOPTION) HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of John Carollo Engineers on the Preliminary Project Report, Wastewater Reclamation/Ocean Outfall Project UNFINISHED BUSINESS C-1 Consideration of Potential Water Supply Projects C-2 Resolution No. 37-77 approving amendment to lease with Brebes Morro Bay Fisheries, Inc. for Lease Sites No. 110W, 111W, and 112W C-3 Consideration of intrusions to Lease Site No. 34W, Walton C-4 Ordinance No. 153 amending the Buildings and Construction Ordinance - second reading NEW BUSINESS D-1 Resolution No. 38-77 authorizing application for Coastal Zone Management Planning Assistance INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 9, 1977 7:30 p.m. Morro Bay Recreation Hall The meeting was'called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of April 25, 1977 A-2 Minutes of the executive meeting of April 25, 1977 A-3 Expenditure Report, 4-16-77 through 4-30-77 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Transfer Voucher No. 6-7-21 in the amount of $19,747 for increases in liability insurance (RECOMMEND AUTHORIZATION FOR TRANSFER) A-6 Study Session for 1977-78 Budget and Revenue Sharing hearing (RECOMMEND HEARING DATE BE SET FOR MAY 21, 1977) A-7 Hearing on Solid Waste Management Plan (RECOMMEND HEARING DATE FOR MAY 23, 1977) A-8 Resolution No. 36-77 approving sublease on a portion of Lease Site No. 18, Myers (RECOMMEND ADOPTION) Mayor Mitchell reviewed all items on the Consent Calendar. Under correspondence was a letter and resolution from the City of Duarte urging support of AB965 regarding youth and family projects. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-8, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of John Carollo Engineers on the Preliminary Project Report, Wastewater Reclamation/Ocean Outfall Project John Johnson from Carollo Engineers stated that at their last appearance before Council they had recommended that the City proceed to work with the farmers to enter into contracts with them to use reclaimed water for irrigation and thus provide water for City uses. They had been only partially successful in this as two of the farmers did not wish to enter into a long term contract with the City. In addition, the City's geologist, John Mann, has provided an assessment as to clay layer formations in the Chorro Valley which indicated the possibility of "windows" existing which could allow excessive build-up of total dissolved solids. Upon meeting with the State and discussing these developments, they had suggested an abbreviated reclamation -project, however, there is not enough available land to implement an abbreviated project. Carollo Engineers suggested that they finish up the Project Report as required for the City to be reimbursed 80% under -the Step I Grant Program. MINUTES - MORRO BAY CITY COUNCIL. Regular Meeting May 9, 1977 Page Two Councilman Pipitone asked if the present plant can operate with the ocean outfall project. Mr. Johnson said that the present plant would have to be brought into compliance with State and Federal -requirements. Mary Phillips asked what type of treatment is now being used at the Treatment Plant. Mr. Johnson stated that currently there is a trickling filter process which is a secondary process. There was considerable discussion regarding this matter. Mr. Warden stated that the Project Report would come back to Council for hearing and final adoption along with the EIR. No action was requested of the Council this evening. UNFINISHED BUSINESS C-1 Consideration of Potential Water Supply Projects Jim Emanuel, of John Carollo Engineers, briefly reviewed their report to Council on Potential Water Supply Projects, dated April 22, 1977. The most feasible of these appears to be the sand spit project, currently being processed by the County, and the purchase of farmland areas near the City. Purchasing these areas would eliminate use of water for irrigation purposes thereby making 200 to 300 acre feet additional water available each year to the City. There was considerable discussion alternatives. Councilman Shelton asked tapping the underground basin at Villa Morro Bay. Mr. Emanuel said that this cost of the pipe would be considerable miles to get to Morro Bay. regarding the various about the feasibility of Creek and piping water to is feasible, however, the as there is six or seven Mayor Mitchell stated that the City Administrator's memo requested Council authorization to engage an appraiser for.appraising the farmland properties in Morro and Chorro Basins to determine the possibility of purchase. MOTION: Mayor Mitchell moved that the City Administrator be authorized to contact an appraiser to engage his services for appraising the appropriate land in the Morro and Chorro Basins. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. C-2 Resolution No. 37-77 approving amendment -to lease with Brebes Morro Bay Fisheries, Inc. for Lease Sites No. 110W, 111W, and 112W Mayor Mitchell stated that this matter had been discussed at a previous Council meeting and the resolution formalizes those agreements. MOTION: Councilman Brown moved that Resolution No. 37-77 be read by title only. The motion was seconded by Council- man Pipitone and unanimously carried. Mr. Warden read Resolution No. 37-77 by title only. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting. May 9, 1977 Page Three MOTION: Councilman Brown moved for the adoption,of Resolution No. 37-77. The motion was seconded by Councilman Rowland and carried on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland, and Mayor Mitchell NOES: Councilman SheltonQu C-3 Consideration of intrusions to Lease Site No. 34W, Walton Mayor Mitchell turned the meeting over to Councilman Brown as he has a conflict of interest in that his law firm represents ySe the Fuel Dock, Inc. who has an interest in this matter. "M u�t� (�4u)• Mr. Warden reviewed the basic provisions of the lease which are similar to those included in most other leases. He stated that a copy of the proposed lease had been sent to Mrs. Walton's attorney and the City is now waiting for his comments before bringing the lease to the Council in its final from. Still unresolved, however, is the matter of intrusions from the Fuel Dock, Inc. Mr. Warden had been unable to obtain from Mrs. Walton which structures she wished removed and when they were to be removed. Several options had been posed to her, but she had been unable to decide. Councilman Shelton objected to the fact that the Council was put in the position of doing Staff's work;"TiV Ie Tt that this matter should be resolved"by Staff and that putting it before Council was a misuse of Council time. Mr. Warden reminded him that Council had requested that this matter be brought back for their consideration after they had time to physically go and look at the situation. '1 4 ,A h1m Mr. LeSage stated that Staff had come to Council for guidance; 1W,\« the matter of the intrusions cannot just be left up in the air as far as writing the lease goes. It is not necessary that a specific date be named for removing the intrusions, only that Council directs that they be removed and which ones are to be removed. Staff can come up with the words that would tie the removal of the structures to Mrs. Walton's construction schedule. Mr. Haislip, representing Fuel Dock, Inc., was concerned about where the actual survey line of the lease site is. Mr. Warden stated that the City Engineer would come down to the dock and show him. Mrs. Walton suggested that the beginning of construction on her lease site be tied with obtaining the necessary permits to construct, rather than a certain time period. She also objected to having to spend $40,000 on construction when she might be able to get away with less than that for a two finger slip. Mr. Warden stated that the lease term of twenty years for this site was tied directly to the amount Mrs. Walton intended to spend on construction. If the costs of construction were to be less than that, the lease term would have to be adjusted accordingly. Mrs. Walton was directed by Council to get costs of construction from her engineer so that the lease term could be determined. There was considerable discussion about the intruding structures 6 6 MINUTES - MORRO BAY CITY COUNCIL. Regular Meeting May 9, 1977 Page Four and which should be removed. Mrs. Walton indicated that the Leage intrusions on the north side of the lease would also have to be removed. Mr. Haislip indicated that removal of the building or a portion thereof on the Fuel Dock lease would be no problem; they were, however, concerned about removing one of their slips. Council members stated that the slip would have to go in order to accommodate Mrs. Walton's plans. MOTION: Councilman Pipitone moved that Council direct the City Administrator to draw the lease as shown on the diagram and that intrusions from the Fuel Dock, Inc. and Leage lease sites be removed at the time Mrs. Walton's construction starts. The motion was seconded by Councilman Brown and carried with Mayor Mitchell absr} ainin,gg• p (� �K, 1 cA c CLi..x w vJ ��1�3 . \ cweV ouncilman Brown turned the meeting back to Mayor Mitchell. �wu��•1 RECESS 9:05 p.m. RECONVENED 9:17 p.m. C-4 Ordinance No. 153 amending the Buildings and Construction Ordinance - second reading MOTION: Councilman Brown moved that Ordinance No. 153 be read by title only. The motion was seconded by Councilman Shelton and unanimously carried. Mr. Warden read Ordinance No. 153 by title only. MOTION: Councilman Brown moved that this constitute the second and final reading of Ordinance No. 153 and that it be adopted. The motion was seconded by Councilman Shelton and unanimously carried by roll call vote. NEW BUSINESS D-1 Resolution No. 38-77 authorizing application for Coastal Zone Management Planning Assistance Mayor Mitchell explained that this resolution was being presented so that the City could qualify for financial assistance for the development of a "Work Program" for the Local Coastal Program as required by the Coastal. Act of 1976. MOTION: Councilman Brown moved that Resolution No. 38-77 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 38-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 38-77. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL May 9, 1977 (1) Councilman Shelton asked if Staff had found any reason for the sewage on the beach that had been discussed at the last meeting. Mr. Warden said that they had not; it had been gone by the time they investigated. He asked Councilman Shelton to call him immediately the next time he notices it and he will get someone right on it. r"ID- (2) Councilman Brown discussed the proposed tax reform legislation proposed during the Channel Counties Division of the League of California Cities meeting in Ventura on Friday night. He did not think that it was going to answer any of the complaints being voiced by the citizens of this State. (3) Councilman Brown stated that he had been asked to run for President of the Channel Counties Division of the League of California Cities for next year. He asked Council how they felt about it as it would involve some expense to the City. Council memb rs1 felt that Councilman Brown should accept the nomination.k 1. (3) Mayor Mitchell stated that he had received a letter from Ray Foster who was resigning from the Water Advisory Committee due to health reasons. He accepted the resignation with regret and stated that someone would be chosen in his place. E-2 City Attorney (1) Mr. Leaage stated that the City had filed a cross complaint in the Oliver case and that the Superior Court had upheld the City's position. E-3 City Administrator (1) Mr. Warden stated that a law had been passed by Congress to require all agencies to pay unemployment insurance. The League of California Cities and the National League of Cities and several other agencies are engaging an attorney to seek a stay on this provision based on its unconstitutionality. He asked Council if they wished to participate in funding the defense and stated that it would mean a proportionate shard lof the total for this County. Council said to go ahead.\0.i�u (2) Mr. Warden reviewed Dial -A -Ride partiiccipation during its first week of operation. The use of the system had increased steadily during the week for a total ridership of 543 the first week. (3) Mr. Warden stated that the study on a workmen's compensation insurance agreement (JPA) would be held Monday evening in Pismo Beach. (4) Mr. Warden requested an executive session to discuss labor relations. ADJOURNMENT MOTION: Councilman Shelton moved that the meeting adjourn to executive session to discuss labor relations. The motion was seconded by Mayor Mitchell and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 9,.1977 Page Six The meeting adjourned to executive session at 9:30 p.m. and returned,to regular session at 9:36 p.m. MOTION: Councilman Brown moved that the meeting be adjourned. motion was seconded by Mayor Mitchell and unanimously carried. The meeting adjourned at 9:36 p.m. Recorded by: M. L. WARDEN, City Clerk By: rdith Davis Deputy City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, April 25, 1977, at 7:30 p.m., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the appeal of Thomas Harmon from Planning Commission granting of a Negative Declaration Status for a restaurant to be constructed at 1700 North Main Street, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against, or in modification of said appeal. DATED: April 8, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California ' � Z6f')1 f/l" CC•/ By: M. L. WARDEN, City Clerk 9 0 CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL April 25, 1977 - 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR A-1 Minutes of the regular meeting of April 11, 1977 A-2 Expenditure Report, 4-1-77 through 4-15-77. (RECOMMEND APPROVAL) A-3 Financial Report, 7-1-76 through 3-31-77 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Request of San Luis Obispo County Symphony Association for financial assistance (RECOMMEND REFER TO BUDGET STUDY SESSION) A-6 Resolution No. 31-77 authorizing changes in permitted uses and rental schedule on Lease Sites No. 52 and 52W - Whibley (RECOMMEND ADOPTION) A-7 Request of Olmstead Security Agency for business license for security guard and patrol (RECOMMEND APPROVAL) A-8 Resolution No. 32-77 of intention to purchase tax deeded property and agreement to purchase (RECOMMEND ADOPTION) A-9 Resolution No. 33-77 accepting deed from Southern California Gas Company and authorizing recordation (RECOMMEND ADOPTION) A-10 Resolution No. 34-77 approving the application for 1976 State Grant monies for the development of night lighting and parking lot at Lila.Keiser Park (RECOMMEND ADOPTION) HEARINGS, APPEARANCES AND REPORTS B-1 Appeal of Thomas Harmon from Planning Commission approval of a negative declaration status for a proposed restaurant at 1700 Main Street UNFINISHED BUSINESS C-1 Consideration of Transfer Voucher No. 6-7-18 in the amount of $18,131 for drilling of a well on the sand spit C-2 Reorganization of Harbor Committee - Councilmen Pipitone and Shelton NEW BUSINESS D-1 Request for the abandonment of a portion of Driftwood Avenue D-2 Consideration of Resolution No. 35-77 urging the adoption of the appropriate measures to ensure that all political candidates are afforded equal treatment under the Fair Political Practices Commission D-3 Consideration of Ordinance No. 153 amending the Building and Construction Ordinance to comply with the National Electric '. Code - first reading INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator 6 i MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 25,.1977 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None CONSENT CALENDAR A-1 A-2 A-3 A-4 A-5 A-6 A-7 M-] Minutes of the regular meeting of April 11, 1977 Expenditure Report, 4-1-77 through 4-15-77 (RECOMMEND APPROVAL) Financial Report, 7-1-76 through 3-31-77 (RECOMMEND APPROVAL) Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) Request of San Luis Obispo County Symphony Association for financial assistance (RECOMMEND REFER TO BUDGET STUDY SESSION) Resolution No. 31-77 authorizing changes in permitted uses and rental schedule on Lease Sites No. 52 and 52W - Whibley (RECOMMEND ADOPTION) Request of Olmstead Security Agency for business license for security guard and patrol (RECOMMEND APPROVAL) Resolution No. 32-77 stating intention to purchase tax deeded property and agreement to purchase (RECOMMEND ADOPTION) A-9 Resolution No. 33-77 accepting deed from Southern California Gas Company and authorizing recordation (RECOMMEND ADOPTION) A-10 Resolution No. 34-77 approving the application for 1976 State Grant monies for the development of night lighting and parking lot at Lila Kesier Park (RECOMMEND ADOPTION) Mayor Mitchell reviewed all items on the Consent Calendar. Under Correspondence were a letter from Howard Mankins, Board of Supervisors, regarding the State Park's attempts to save water in Morro Bay; a resolution from the Board of Supervisors of the City and County of San Francisco concerning the Determinate Sentencing Act of 1976; a copy of a letter to Senator Nimmo from the California Conservation Corps regarding projects in Morro Bay; and correspondence with Attorney Martin Wolff regarding the hiring practices for the City Attorney's position. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-10, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Appeal of Thomas Harmon from Planning Commission approval of a negative declaration status for a proposed restaurant at 1700 Main Street Mr. Nuzum reviewed the Planning Commission's actions with regard to this project. He stated that the project consists of a drive-in restaurant with fourteen tables (56 seats) located at 1700 Main Street where presently there is a second hand store and storage yard. The Planning Commission had unanimously approved a Negative Declaration Status for the project. With regard to the appeal asserting that an E.I.R. should be required because of circulation and parking, Mr. Nuzum stated that he has discussed 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 25, 1977 Page Two this with the City Engineer, and,although at this location will increase -the traffic not create a hazardous situation. any commercial business to some extent, it will Mayor Mitchell declared the hearing open at 7:41 p.m. and called on Mr. Harmon, the appellant, to make a presentation. Mr. Harmon objected to the architecture of the building, in particular, the red color of the roof. He stated that the people living in Morro Bay deserved consideration with regard to the architecture presented by various franchises attempting to locate in Morro Bay., He suggested that the developer give consideration to changing the color of the roof. He also felt that an architectural review board should be established. With regard to the traffic situation, he felt that this business would increase traffic considerably on an already busy street. He stated that the peak periods of traffic on this street would coincide with the peak periods of business for the restaurant. He also felt that this would create a dangerous situation for those entering and leaving Errol Street. The additional parking.would cause congestion on the curve of Main Street in front of the proposed project. Clayton Scovell, applicant, stated that the color of the roof is not a bright red, but more of a wine color. He has the requisite number of parking spaces required by the City. Carla Munson, owner of the property in question, stated that the peak periods of traffic were not as indicated by Mr. Harmon; her opinion was that the heaviest traffic occurred around 4:30 p.m. Chet Weaver criticized Mr. Harmon and Morro Bay Tomorrow on their negative attitude and stated that Mr. Harmon had brought forth no concrete evidence to support his claims that the traffic generated by this project would cause a hazard. Charles Kimble also stated that he had never experienced traffic problems in that area. Mr. Harmon took exception to the criticisms voiced because he is a member of a group concerned about the development of Morro Bay. He also stated that there had been considerable discussion at the Planning Commission meeting about the color of the roof with no alternatives offered by the applicant. Chick Greenelsh asked if Mr. Harmon was appealing the application on his own or on the part of Morro Bay Tomorrow. Mr. Harmon stated that he was appealing with the approval of the Executive Board of Morro Bay Towmorrow. Mayor Mitchell closed the hearing at 7:58 p.m. and returned the matter to Council. Councilman Pipitone did not feel that any evidence had been presented to support Mr. Harmon's claim of traffic hazard at that location. MOTION: Councilman Brown moved that the appeal of Thomas Harmon to require an E.I.R. for this project be denied on the grounds that this matter was covered by the Planning Commission and Staff with the result that traffic circulation and parking would have no adverse affects. The motion was seconded by Councilman Pipitone. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL April 25,1977 Councilman Shelton took exception to the attacks on Mr. Harmon; he felt that any individual should be able to present his views to the Council on any subject. He also felt that the City should take a closer look at the traffic situation in this area by conducting a traffic survey and look at the accident rate, etc. The motion was carried on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland and Mayor Mitchell NOES: Councilman Shelton UNFINISHED BUSINESS C-1 Consideration of Transfer Voucher No. 6-7-18 in the amount of $18,131 for drilling of a well on the sand spit Mr. Warden stated that the County had opened bids for exploratory well drilling on the sand spit. The County's budget cannot take care of the entire bid, so the City is being asked to come up with $18,131 to cover the cost of a third well. Mr. Warden recommended Council's approval of the Agreement between the City and the County for this well drilling and authorize the transfer of $18,131 from Unobligated Reserve to cover these costs. Jay Runner stated that the City Water Advisory Committee had unanimously voted in favor of this item. MOTION: Councilman Brown moved that Council approve the Agreement between the City and the County for drilling exploratory wells on the sand spit and authorize the Mayor and City Clerk to sign said agreement; also that Council approve Transfer Voucher No. 6-7-18 in the amount of $18,131 to provide supplemental financing for this project. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. C-2 Reorganization of Harbor Committee - Councilmen Pipitone and Shelton Councilman Shelton stated that he was very concerned about the future of the City's harbor as were the numerous fishermen in Morro Bay. He feels that a committee of the type he has proposed will allow better communication between the City and the harbor people and will not leave them with the feeling that they are being ignored. MOTION: Councilman Shelton moved that Council support a policy which supports the formation of a Harbor Committee consisting of five members, the Public Works Director and one Councilman as ex-officio member. The motion died for lack of a second. Councilman Pipitone felt that the policy the City has followed in the past, that is forming a committee when there is a definite problem that needs to be resolved to meet and make recommendations to the Council, is sufficient for the City's needs. He stated that if a committee is established for Harbor, why not for Public Safety, etc. He said that the City has a Staff to work on these MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 25,,1977 Page Four things for the City, but people can always make suggestions to the Staff or Council for consideration. Mayor Mitchell stated that sometimes a committee becomes a decision making body since in making certain recommendations, the Council may feel obligated to adopt them. Councilman Shelton felt that the experience of the Harbor people would be invaluable to the City in an advisory nature. This is also an avenue to permit citizen input to Council's decisions. There was further discussion on the merits of committees with most members of Council of the opinion that the policy of reactivating a committee when there is a specific need is acceptable. MOTION: Councilman Brown moved that the Harbor Committee stay as presently constituted. The motion was seconded by Mayor Mitchell and carried with Councilman Shelton voting no. Councilman Shelton stated that he would like to resign from the Harbor Ordinance Committee. Robert Torrey voiced an opinion that the Council was very remiss in not asking the public present if they had any views on this subject; the Council was always requesting input from the citizens and then they don't allow them an opportunity for input. Mayor Mitchell stated that citizens are always permitted to voice their opinions on matters at Council meetings if they so desire; he was not aware that anyone wished to discuss this particular matter. NEW BUSINESS D-1 Request for the abandonment of a portion of Driftwood Avenue Mr. Warden explained that there had been a request from a property owner on Beachcomber to abandon a portion of Driftwood Avenue to enable him to extend his sun deck into the City right of way. The matter had been referred to the Planning Commission and they had denied the request on the basis that the City may, at some future date, wish to develop the property as a pedestrian way or bicycle path. Mr. Warden recommended concurrence in the Planning Commission's recommendation. MOTION: Mayor Mitchell moved that Council concur in the Planning Commission's recommendation to deny the request of Leon Siegel to abandon a portion of Driftwood Avenue. The motion was seconded by Councilman Brown. Mayor Mitchell asked if anyone in the audience had any comments on this subject. There were no comments. The motion was unanimously carried. D-2 Consideration of Resolution No. 35-77 urging the adoption of the appropriate measures to ensure that all political candidates are afforded equal treatment under the Fair Political Practices Commission Mr. Warden stated that this matter had been discussed at the last meeting of the Channel Counties`Division of the League of California Cities. i E MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 25, 1977 Page Five MOTION: Councilman Brown moved be read by title only. Councilman Pipitone and that Resolution No. 35-77 The motion was seconded by unanimously carried. Mr. Warden stated that in the first line of the resolution the words "Supreme Court" should be changed to "Fair Political Practices Commission". He read Resolution No. 35-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 35-77 as amended. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. D-3 Consideration of Ordinance No. 153 amending the Building and Construction Ordinance to comply with the National Electric Code — first reading Mr. Warden stated that in Section B. of this ordinance, the words "washing machines" should be eliminated. MOTION: Councilman Brown moved that Ordinance No. 153 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Ordinance No. 153 by title only. MOTION: Councilman Brown moved that this constitute the first reading of Ordinance No. 153 as amended. The motion was seconded by Councilman Pipitone and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Shelton asked to make sure that the secretary recorded a "no" vote for him on Item C-2. (2) Councilman Pipitone asked Councilman Shelton to reconsider his resignation from the Harbor Committee. Councilman Shelton stated that he only resigned because Councilman Pipitone intended to resign if the issue had gone the other way; he thanked Councilman Pipitone for his consideration. (3) Councilman Shelton stated that there was raw sewage on the beach over the weekend. Staff is investigating the matter. (4) Mayor Mitchell stated that he had received AB 1109 from Assemblywoman Carol Hallett which concerns State assistance to those cities incurring costs by reason of their being coastal communities. He asked Mr. Warden to have the material reproduced for Council. E-2 City Attorney (1) Mr. LeSage requested an executive session to discuss..'Jitigation. E-3 City Administrator 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 25, 1977 Page Six (1) Mr. Warden stated that he also needed to discuss personnel in executive session. (2) Mr. Warden stated that the Mayors and Managers in the County are working on a Joint Powers Agreement for Workers Compensation Insurance. He said there would be a meeting May llth at 6:00 p.m..in Pismo Beach at the Shore Cliff to review the proposed document. Mr. Warden discussed current insurance rates. He asked the Mayor to appoint another Council member to attend this meeting. Mayor Mitchell appointed Councilman Brown. (3) Mr. Warden stated that the San Jacinto signal job will be advertised May 16, 1977, with bids to be opened June 15, 1977. There will probably be a sixty day start time. (4) Mr. Warden asked which Councilmen intended to go to the Channel Counties Division meeting in Ventura on May 6th. Councilmen Brown and Shelton indicated that they would attend. (5) Mr. Warden stated that there would be a simulated Dial - A -Ride run on April 28th with the Council and news media. It is anticipated that the system will begin operating on May 2nd. (6) Mr. Warden stated that he had met with Mrs. Walton with regard to Lease Site No. 34W. The Council had directed that the entire lease be leased to her with an arrangement to be worked out with regard to the intrusions of the Fuel Dock. Mrs. Walton had advised him that she wished the intrusions removed immediately, within three to four months. He asked Council how they wished him to proceed. Mr. LeSage stated that the Council's interest should be in maximum utilization of the lease site and a provision could be written into the lease requiring that the present intrusions remain; or the lease site boundary lines could be re -drawn. Tom Cantine suggested that perhaps Mr. Warden did not know how to talk with Mrs. Walton and someone else should discuss this with her. Council members decided to postpone the issue and visit the site themselves to see what could be worked out. ADJOURNMENT MOTION: Councilmen Brown moved that the meeting adjourn to executive session to discuss litigation and personnel. The motion was seconded by Councilman Shelton and unanimously carried. The meeting adjourned to executive session at 9:12 p.m. and returned to regular session at 9:36 p.m. MOTION: Councilman Shelton moved that the meeting be adjourned. The motion was seconded by Councilman Pipitone and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 25, 1977 Page Seven The meeting adjourned at 9:36 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk a a► NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, April 11, 1977, at 7:30 p.m., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider an ordinance establishing a Building Limitation Board and providing for the regulation of water equivalencies; at which said hearing any person interested may appear and express his views for, against, or in modification of said oi•dinance.- DATED: March 29, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M. L. WARDEN, City Clerk\ CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL April 11, 1977 - 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR A-1 Minutes of the regular meeting of March 28, 1977 A-2 Minutes of the executive meeting of March 28, 1977 A-3 Expenditure Report, 3-16-77 through 3-31-77 (RECOMMEND APPROVAL) A-4 Resolutions No. 27-77 and 28-77 amending the resolutions which approved the Need Basis Grant Application for grant funds under the Urban Open Space and Recreation Program (RECOMMEND ADOPTION) A-5 Resolution No. 29-77 approving renewal of U. S. Coast Guard Lease #DOT-CG12-4020 for the period July 1, 1977 through September 30, 1977 (RECOMMEND ADOPTION) A-6 Appeal of Thomas Harmon from Planning Commission approval of a negative declaration status for a proposed restaurant at 1700 Main Street (RECOMMEND HEARING DATE BE SET FOR APRIL 25, 1977) A-7 Claim of Frank Ring, Jr. for damages (RECOMMEND DENIAL) UNFINISHED BUSINESS C-1 Consideration of requests for lease on Lease Site No. 34W C-2 Reorganization of Harbor Committee - Councilmen Pipitone and Shelton C-3 Consideration of converting building at 695 Harbor Street to Public Works Department office C-4 Resolution No. 30-77 amending mandatory water rationing rules and regulations NEW BUSINESS D-1 Request of Reg Whibley for amendments to Lease Sites No. 52 and 52W D-2 Consideration of City options under Coastal Act of 1976 HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing on proposed building limitation ordinance INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April ll,'1977 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of March 28, 1977 A-2 Minutes of the executive meeting of March 28, 1977 A-3 Expenditure Report, 3-16-77 through 3-31-77 (RECOMMEND APPROVAL) A-4 Resolutions No. 27-77 and 28-77 amending the resolutions which approved the Need Basis Grant Application for grant funds under the Urban Open Space and Recreation Program (RECOMMEND ADOPTION) A-5 Resolution No. 29-77 approving renewal of U. S. Coast Guard Lease #DOT-CG12-4020 for the period July 1, 1977 through September 30, 1977 (RECOMMEND ADOPTION) A-6 Appeal of Thomas Harmon from Planning Commission approval of a negative declaration status for a proposed restaurant at 1700 Main Street (RECOMMEND HEARING DATE BE SET FOR APRIL 25, 1977) A-7 Claim of Frank Ring, Jr. for damages (RECOMMEND DENIAL) Mayor Mitchell reviewed all items on the Consent Calendar. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-7, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. UNFINISHED BUSINESS C-1 Consideration of requests for lease on Lease Site No. 34W Mayor Mitchell turned the meeting over to Councilman Brown as he had a Conflict of Interest since one of the parties supporting an applicant in this matter is represented by his firm. Councilman Brown asked Mr. Warden to review the matter for Council. Mr. Warden stated that the Council had referred both applications, that of Mr. Leage and Mrs. Walton, to the Planning Commission for reconsideration. The Planning Commission had recommended that the lease be awarded to Mrs. Walton with the suggestion that final details of the development be worked out with the City Staff, her engineer, and the adjoining Union Oil dock representatives to minimize any possible interference. The uses approved and requested for the lease site are construction and rental of commercial fishing docks. Mr. Warden suggested that, if Council agrees with this recommendation, they award the lease to Mrs. Walton and direct Staff to draw up the necessary lease agreement to be returned to Council for approval. A portion of the Morro Bay Fuel Dock encroaches into the the lease area. He asked Council if they wished the lease lines adjusted or if the present dock and other structures encroaching into the area be 'amortized for removal over a period of time. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 11, 1977 Page Two There was considerable discussion over this matter with Council determining that all of Lease Site No. 34W be leased to Mrs. Walton and see what can be worked out with the adjoining lessee. MOTION: Councilman Pipitone moved that Council accept the Planning Commission's recommendations and award the lease for Lease Site No. 34W to Mrs. Gladys Walton and direct the City Administrator to draw up the necessary lease. The motion was seconded by Councilman Brown and carried with Mayor Mitchell abstaining. Councilman Brown turned the meeting back to Mayor Mitchell. C-2 Reorganization of Harbor Committee - Councilmen Pipitone and Shelton Mayor Mitchell stated that Councilman Shelton had presented Council with a list of possible tasks and duties for the Harbor Committee and he asked Councilman Shelton to review these. Councilman Brown suggested that the suggested meetings with Council be changed from April and October to March and October as the commercial fishermen begin fishing in April. Councilman Pipitone questioned item number seven with regard to the Committee submitting an annual budget. Councilman Shelton stated that he meant this in an advisory capacity to Staff only; not a budget directly to Council for the entire Harbor Department. Mayor Mitchell stated that he was in favor of a committee of this type, however, he was not in favor of turning over to them the responsibility of the budget. He also did not feel that set meetings needed to be established; they could be called as necessary. Councilman Pipitone suggested holding off on adopting this memo as a policy statement until the next meeting so that Council could amend and perhaps add to the items. Mayor Mitchell stated that he would also like to see a proposed membership list for the committee. Councilman Shelton thought that the various service organi- zations in the City could be asked to select a representative to this committee. C-3 Consideration of converting building at 695 Harbor Street to Public Works Department office Mr. Warden stated that because of the small quarters at the Harbor Office, the Director of Public Works wished to move his office to 695 Harbor Street. It is estimated that approximately $8500 to $9000 will be needed to renovate the premises to accommodate a Public Works office. This could be transferred from the Land and Building fund. The Chief Harbor Patrolman and the two Harbor Patrolmen would remain at the Harbor Office. Councilman Pipitone was concerned that there would be no clerk in the office to help people coming in or to answer the telephone when the Harbor Patrolmen are in the field. Mr. Warden stated that they are always in contact by radio for emergencies and the business of the Harbor Office could be handled at the Public Works office. It was the assessment of the Public Works Director and Mr. Warden that a full time clerk at the Harbor Office would be a waste since the 'present clerk does not just do harbor work; part of her duties are with the other areas of Public Works. Doug Stuart stated that transactions with regard • 0 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL April 11, 1977 to paying dockage, etc., are handled on the weekends by the Harbor Patrolmen- and he does not feel that this arrangement will create problems in that area. Mr. Warden stated that the situation could always be re-evaluated for its effectiveness after a period of time. Councilman Pipitone stated that he was not against the move of the Public Works office, however, he felt that the Harbor Office did need a clerk. MOTION: Councilman Shelton moved that $9000 be transferred from the Land and Building fund to convert the residence at 695 Harbor Street to a Public Works office. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. C-4 Resolution No. 30-77 amending mandatory water rationing rules and regulations Mayor Mitchell stated that the Council had discussed at their last meeting amendments which would allow use of sprinklers to irrigate under certain conditions and to allow the use of water to replenish swimming pools with recirculating systems. He asked Mr. Warden to read the resolution in its entirety. Mr. Warden read Resolution No. 30-77 in its entirety. MOTION: Councilman Brown moved for the adoption of Resolution No. 30-77. The motion was seconded by Councilman Rowland. There was a question from Mrs. Phillips with regard to how much water is used to replenish swimming pools; she disagreed with Mr. Warden on the figures he used last meeting. Richard Baxter stated that replenishment of a swimming pool uses no more water than watering the lawn. The motion carried on the following roll call vote: AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell NOES: Councilman Pipitone NEW BUSINESS D-1 Request of Reg Whibley for amendments to Lease Sites No. 52 and 52W Mayor Mitchell stated that Mr. Whibley was requesting a change in his lease to allow an additional use of water oriented jewelry manufacturing and sale and rental of space; the rental of space to be paid to the City at twelve per cent of the rent rather than five percent of the gross of the business as is currently allowed in his lease. Mr..Warden reviewed the request and stated that the percentage of the rental that Mr. Whibley is requesting is very similar to the arrangement that Mr. Maul has at the HMS Salt. Mr. Warden also reviewed the requirement of having a secondary use on the ground floor of a building if a business is located upstairs. L MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL April 11, 1977 This is necessary because of laws for the handicapped to allow them access to merchandise. If there is no arrangement for the ground floor, the building must either have a ramp or an elevator. MOTION: Councilman Brown moved that Lease Sites No. 52 and 52W be amended to include, as an additional use, marine oriented jewelry manufacturing and sales and make an adjustment to the rental schedule whereby the lessee will pay 12% of his rental fees to the City. The motion was by Mayor Mitchell and unanimously carried. Councilman Shelton asked if the City was losing revenue in this arrangement as opposed to the one currently in the lease. Mr. Warden stated that the major portion of the lease site uses would be subject to the present arrangement; only a small amount of square footage would be involved. D-2 Consideration of City options under Coastal Act of 1976 Mr. Nuzum explained that the intent of the new Act is to return control of projects to local government. This means that the Council could adopt a model ordinance as suggested by the State so as to assume permit responsibility. Basically, the ordinance requires the City to follow the procedures contained in the Act. It is suggested that the Council designate the Planning Commission as the hearing,body. It is also suggested that the Council claim exemption under the Act for R-1 uses. There was considerable discussion by Council members of this proposal. MOTION: Mayor Mitchell moved that Staff be directed to prepare the necessary ordinance and bring it back to Council for consideration and adoption so that the City may assume the permit process under the Coastal Act and also that the ordinance include requesting exemptions for R-1 areas. The motion was seconded by Councilman Brown and unanimously carried. RECESS 8:41 p.m. RECONVENED 8:55 p.m. HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing on proposed building limitation ordinance Mayor Mitchell stated that Council had requested Staff prepare this ordinance and that a public hearing be held at this meeting. He requested Mr. Warden to read the Ordinance which Mr. Warden did. Mayor Mitchell asked about Section 13.20.070 with regard to a water equivalency permit; he wanted to know if there was a special permit. Mr. Warden stated that a building permit is a water equivalency permit if it uses water. Also he suggested that in Section 13.20.060 on page three after the words "the next year's water equivalencies" should be added "of that category" so that all extra permits are not just lumped together. Mr. Warden requested that in Section 13.20.060, the sentence reading "47.92 water equivalencies have been used since January 1, 1977, leaving 113.08 for the remainder.of calendar year 1977." 0 MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL April 11, 1977 be deleted. This information should not be included in the ordinance. Also, he requested that in the same Section the last words "Section 4." be changed to "Section 13.20.040." Mr. Warden explained that this ordinance was designed to reach a goal, which is to stretch our water resources until a supplemental source of water can become available. If the Council does not intend to keep this ordinance in effect for that period of time, then it defeats that program. Mayor Mitchell asked about the fifteen day period to start construction outlined in Section 13.20.120; he did not feel that this was enough time. Some contractors in the audience indicated that sixty days would be fair. Mayor Mitchell opened the hearing at 9:16 p.m. and asked if anyone would like to comment on the ordinance. Jane Orvis and Roland Matalina asked questions about the ordinance which were clarified. Comments were heard from Vern Corell, Chick Greenelsh, Mike DeNeve, Jane Orvis, Ernie Reamer, Nancy Culver, Mr. McMahon, Vern Crass, Chet Weaver, James Campbell, Mary Phillips, Roland Matalina, and Ms. Lopren. The hearing was closed at 10:31 p.m. Councilman Shelton did not feel that this was a building limitation ordinance; it merely established as a ceiling the 161 water equivalencies which has been the City's experience. He felt it was as reasonable a document as the City could propose although he was in favor of a lesser amount than the 3% annual growth as proposed. Mayor Mitchell stated that he had been against a building limitation ordinance for a long time and he felt that taking this step will create an economic effect on the City; however, the City has come to a point when it has to do something in view of the increase in building these last few months. He stated that he was reluctantly going to vote in favor of the ordinance. Councilman Brown stated that he also had not been in favor of a building limitation at first and kept thinking that the increase in building would slow down, but it has not and he feels that this measure is necessary at this time. Councilman Rowland stated that this was merely a control to fairly apportion the building permits and not let them be used up until the 161 figure was reached and then cut off building completely. Councilman Pipitone stated that he had run for office on a platform that he would not support a building moritorium and, in good conscience, he could not vote in favor of it tonight. He also felt that this ordinance would make property values take a tremendous leap and, because of taxes, put the small property owner right out of Morro Bay; this City will be a City only for the rich. MOTION: Mayor Mitchell moved that Ordinance No. 152 be amended as follows: Delete the third sentence in Section 13.02.060 reading "47.92 water equivalencies have been used since January 1, 1977, leaving 113.08 for the remainder of calendar year 1977. the last sentence of ,* MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL April 11, 1977 the same section be amended to include the words "of that category" after the word "equivalencies," in the first sentence on page three; same section, same page, change the last words "Section 4." to Section 13.20.040."; and in Section 13.20.120 amend "construction must start within fifteen days" to "construction must start within sixty days". The motion was seconded by Councilman Shelton and carried with Councilman Pipitone voting no. MOTION: Councilman Shelton moved that Council adopt Ordinance No. 152 as an urgency measure and the reading, as amended, constitute the final reading of the ordinance. The motion was seconded by Councilman Brown. Mr. LeSage asked if the Council recognized their findings as those listed in the beginning of the ordinance. Council indicated that this was their intent. The motion carried on the following roll call vote: AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell NOES: Councilman Pipitone. There was discussion with regard to the 72.24 water equivalency permits pending at this time. It was decided that the building permit water equivalencies would begin as of April 1, 1977, until March 31, 1978, therefore, 161 equivalencies are available from now until that time. The 72.24 pending equivalencies would fall within the purview of the ordinance. RECESS 11:00 P.M. RECONVENED 11:10 P.M. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Council members had nothing to report at this time. E-2 City Attorney Mr. LeSage had nothing to report E-3 City Administrator (1) Mr. Warden stated that the State will be opening bids for drilling a well on the sand spit on April 12th. Mayor Mitchell said that no bids had been received as yet. (2) Mr. Warden stated that there would be a Mayors and Councilmembers Legislative Conference in Sacramento May 16 through 18. He asked Council members to advise him if they would be attending. Councilmen Brown and Rowland said that they would attend. ADJOURNMENT MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Mayor Mitchell and unanimously carried. 0 0 MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL April 11, 1977 The meeting adjourned at 11:12 p.m. Recorded by: M. L. WARDEN, City /Clerk Ic By: Ardith Davis Deputy City Clerk 0 CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL March 28, 1977 - 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR A-1 Minutes of the regular meeting of March 14, 1977 A-2 Minutes of the executive meeting of March 14, 1977 A-3 Financial Report, 7-1-76 through 2-28-77 (RECOMMEND APPROVAL) A-4 Expenditure Report, 3-1-77 through 3-15-77 (RECOMMEND APPROVAL) A-5 Resolution No. 24-77 approving contract between the County of San Luis Obispo and the City of Morro Bay for ambulance services (RECOMMEND ADOPTION) A-6 Amendments to the Elderly/Handicapped Interim Joint Powers Agree- ment (RECOMMEND APPROVAL) A-7 Resolution No. 25-77 approving grant of Use Permit to Morro Bay Firefighters for John Strong Circus .(RECOMMEND ADOPTION) A-8 Resolution No. 26-77 approving sublease on Lease Sites No. 96 and 96W, DeGarimore (RECOMMEND ADOPTION) A-9 Award bid for drilling replacement well on Boone site (RECOMMEND BID BE AWARDED TO FLOYD V. WELLS, INC. IN THE AMOUNT OF $9,796.00) A-10 Claim of Gerald Guidry for damages (RECOMMEND CLAIM BE DENIED) A-11 Claim of Morro Plumbing Company for damages (RECOMMEND CLAIM BE DENIED) HEARINGS, APPEARANCES AND REPORTS None UNFINISHED BUSINESS C-1 Consideration of Final Map, McMullen - continued C-2 Request of Brebes Morro Bay Fisheries, Inc. for adjustment to lease rental schedules, Lease Sites No. 110W, 111W, and 112W - contin C-3 Conflict of interest inquiry regarding Ainslie Variance application C-4 Safeco Insurance Company audit and request for payment C-5 Consideration of amendments to water conservation regulations C-6 Consideration of building limitation ordinance NEW BUSINESS D-1 Requests for lease on Lease Site No. 34W D-2 Consideration of use of Morro Bay Police Officers for school functions INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 28, 1977 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of March 14, 1977 A-2 Minutes of the executive meeting of March 14, 1977 A-3 Financial Report, 7-1-76 through 2-28-77 (RECOMMEND APPROVAL) A-4 Expenditure Report, 3-1-77 through 3-15-77 (RECOMMEND APPROVAL) A-5 Resolution No. 24-77 approving contract between the County of San Luis Obispo and the City of Morro Bay for ambulance services (RECOMMEND ADOPTION) A-6 Amendments to the Elderly/Handicapped Interim Joint Powers Agree- ment (RECOMMEND APPROVAL) A-7 Resolution No. 25-77 approving grant of Use Permit to Morro Bay Firefighters for John Strong Circus (RECOMMEND ADOPTION) A-8 Resolution No. 26-77 approving sublease on Lease Sites No. 96 and 96W, DeGarimore (RECOMMEND ADOPTION) A-9 Award bid for drilling replacement well on Boone site (RECOMMEND BID BE AWARDED TO FLOYD V. WELLS, INC. IN THE AMOUNT OF $9,796.00) A-10 Claim of Gerald Guidry for damages (RECOMMEND CLAIM BE DENIED) A-11 Claim of Morro Plumbing Company for damages (RECOMMEND CLAIM BE DENIED) Mayor Mitchell reviewed all items on the Consent Calendar. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-11, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Council- man Rowland and unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS None UNFINISHED BUSINESS C-1 Consideration of Final Map, McMullen - continued Mayor Mitchell stated that this matter had been continued from the last meeting at Council's request for additional information on which to base their decision. Mr. Nuzum, Planning Director, reviewed the findings that had to be made for the Planning Commission to approve the Tentative Map. The Subdivision Committee had also reviewed the Tentative Map and made certain findings. The City Council has delegated the findings for the Tentative Map to the Planning Commission and the Subdivision Committee. It is now in order for the Council to find that the Final Map is consistent with the Tentative Map and authorize the City Clerk to sign on behalf of the City. Councilman Shelton asked if the Planning Commission had considered MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 28, 1977 Page Two any of Community Goals when making this recommendation and Mr. Nuzum stated that they had. Councilman Brown asked about sufficient parking for this project and Mr. Nuzum stated that the applicant is only required to provide 1 1/2 parking spaces per unit and he has provided two spaces per unit in this case. Mayor Mitchell asked if anyone cared to make a statement regarding this proposal. As there were no comments, the hearing was closed. MOTION: Councilman Brown moved that the City Clerk be authorized to sign the Final Map with the findings as indicated in the Memorandum from the Planning Director dated March 22, 1977, re: Final Map - McMullen, items number 1 through 7. The motion was seconded by Councilman Pipitone. Councilman Shelton reminded the Council that the Citizens Goals Committee had recommended against the authorization of any further subdivisions in the City until a supplemental source of water was found. Mayor Mitchell felt that that did not apply in this case since the project was not a subdivision in the sense that the lot was being split into separate parcels; it is just necessary to have a subdivision map because of the arrangements necessary for the condo- minium ownership. The motion was carried with Councilman Shelton voting no. C-2 Request of Brebes Morro Bay Fisheries, Inc. for adjustment to lease rental schedules, Lease Sites No. 110W, 111W, and 112W - continued Mayor Mitchell stated that he had disqualified himself from discussing this matter at the last Council meeting because he thought he might have a conflict of interest since he leases a City lease site. Since that time, however, he has discussed it with the City Attorney and, because it is a different type of lease than his, the City Attorney did not feel he had a conflict of interest and, therefore, he will take part in this evening's discussion. Mr. Warden advised that he had met with Mr. Gallo, a representative of the bank, and Mr. LeSage with regard to decreasing the percentage of the gross on the restaurant and bar sales to enable Brebes to obtain a loan. The bank would not make the loan based on the City's present rent structure. Mr. Warden recommended that the rental structure be changed to effect a $7500 minimum annual rental increased annually by changes in the Cost of Living Index, percentage of the gross be changed from 3% for food to 1% and from 10% for the bar to 3% for the first five years of the agreement to increase by the tenth year to 1 1/2% for food and 5% for bar sales and then back to the 3% for food and 10% for bar.by the fifteenth year. These reductions would remain in effect only while the fifteen year loan to the Bank of America is unpaid and only so long as the operation, as now existing, continues. The above structure would be subject to review and re -adjustment at the fifth and tenth year and, if the total annual gross sales exceed $1,000,000 during the fifteen year period, the existing lease rate of 3% on food and 10% on bar will apply in excess of the $1,000,000. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL March -2 9, 1977 Mr. Warden stated that he had checked with the State Lands Commission and Santa Barbara with regard to this type of an arrange- ment and he finds that they do make allowances for new construction. He also found that.the restaurant industry makes a distinction between a dinner house and a fast food service operation. Mayor Mitchell asked what the City's obligations were with regard to the Tidelands Grant. Mr. Warden stated they are only that the uses be compatible with the grant and there is a return to the City to provide necessary services. Councilman Shelton felt that there would be a considerable loss of revenue to the City under this scheme and suggested increasing the return after fifteen years. Mr. Gallo pointed out that no other restaurants are paying this rent on the Embarcadero since the other dinner houses are on County leases and the restaurants on City leases are fish and chips -type restaurants which do not have the overhead of dinner houses. MOTION: Councilman Pipitone moved that the City Administrator be directed to prepare the amendments to the lease that have been discussed this evening and bring them back for Council approval. The motion was seconded by Councilman Brown. Ralph Gunther spoke in opposition to the decrease in Brebes rental schedule; if they grant this adjustment, they should do the same for all leases. There was further discussion on the matter. The motion carried on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland and Mayor Mitchell NOES: Councilman Shelton C-3 Conflict of interest inquiry regarding Ainslie Variance _application Mayor Mitchell stated that Mr. Ainslie had made allegations against two Planning Commissioners at the last Council meeting with regard to their voting on his application for a variance. Council had asked Staff to look into this matter and report back to Council. Mr. Warden reviewed the Planning Commission actions at the two meetings in question. The allegation against Mr. Baxter was discussed with the City Attorney with the opinion that no conflict exists. The fact that Mr. Ainslie had, or could have, a law suit against a member of the Scenic Coast Board of Realtors does not establish an opportunity for gain on the part of Mr. Baxter just becuase he is president of that organization. With regard to the allegation on the part of Mr. Greenelsh, Mr. Greenelsh has stated that he made a bid on Mr. Ainslie's project and, when Mr. Ainslie informed him that the bid was too high, Mr. Greenelsh considered himself no longer involved in the project and, therefore, did not have a conflict. MINUTES - MORRO Regular•Meeting Page Four BAY CITY COUNCIL March 29, 1977 Mr. Warden proceeded to review the voting patterns at the two meetings and concluded that had there been a conflict on the part of Mr. Greenelsh, the end result of the vote would still have been the same. Mr. LeSage pointed out that the allegation of a conflict does not change the action on the application; the recourse is for the applicant to pursue the allegation through the legal process. Mr. Greenelsh asserted to the Council that at the time he voted on the matter, he no longer had an interest in it. Thomas Harmon, speaking as president of Morro Bay Tomorrow, stated that it was not proper to have an active contractor on the Planning Commission and requested that Mr. Greenelsh be removed immediately and replaced by someone from the community at large. Councilman Brown asked have a conflict in a matter have to refrain from taking Mr. LeSage said yes. if, after you declare yourself to and refrain from voting, you also part in discussion of the matter. Tina Francis spoke in favor of not having a contractor on the Planning Commission. Mayor Mitchell felt that everyone serving on a board or commission would have a conflict at some time or other, and it is up to the individual to abstain when necessary. No action was taken. C-4 Safeco Insurance Company audit and request for payment Mr. Warden stated that Safeco Insurance Company had decided not to pursue a $23,000 suit against the City for the premium period March 1, 1975 through March 1, 1976. They have, instead, asked for a premium of $6,677 which appears to the City Attorney and to Mr. Warden to be a valid claim for the last thirteen months premium. Mr. Warden recommended Council authorization for a transfer of $6,677 from unobligated reserve. MOTION: Councilman Shelton moved that Council authorize the transfer of $6,677 from Unobligated Reserve to the General Fund to pay this amount. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. C-5 Consideration of amendment to water conservation regulations Mr. Warden stated that he had received several requests since the Council had, adopted the mandatory water rationing regulations. One request was with regard to only hand watering being allowed with sprinkling systems prohibited. Some people feel that if an automatic timer is installed, the sprinkling system can be used during night-time hours when the least amount of evaporation will occur. Mr. Warden felt that, with adequate controls, sprinkling systems could be used. These conditions would be that the sprinkling system users would adhere to the days and hours presently set forth for all irrigation, gutter runoff would be evidence of waste, operation of automatic sprinkling systems would be under the control of an automatic timing device or attended by a person, soil moisture MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 28, 1977 Page Five sensing devices be considered for large sprinkling systems, drip irrigation be encouraged for large systems, and all automatic sprinkling system users are expected to achieve a 20% reduction in water use. The other request was with regard to "topping off" of swimming pools to keep the water fresh or to maintain a usable level as required by re -circulating systems. Pools the size of the ones at the Golden Tee and Motel 6 require approximately seven cubic feet per week to maintain their levels. Also, pools owners have informed him that structural damage can occur if pools are empty and stagna- tion can occur if the re -circulating devices are not allowed to work. These users, if allowed the "topping off" of their pools, are still expected to achieve the 20% reduction in water use. MOTION: Councilman Brown moved that the City Administrator be be directed to prepare a resolution making the changes for the sprinkling systems and swimming pools as re- commended. The motion was seconded by Councilman Pipitone and unanimously carried. RECESS 8:52 p.m. RECONVENED 9:08 P.M. C-6 Consideration of building limitation ordinance Mr. Warden reviewed the proposed building limitation ordinance for the Council, the purpose of which is to try and stretch water resources through dry year periods. The ordinance sets up the Planning Commission as a Building Limitation Board to apportion out the water equivalencies based on a five step screening process. Mr. Warden pointed out that the 161 annual water equivalency plan is based on the City's historic growth rate and should carry the City to the year 1981 under the worst conditions. The soonest the City can expect any sort of supplemental water is 1985 and, if the Council wishes to stretch its water resources that far considering the worst possible conditions, the water equivalency rate should be cut to 78 water equivalencies per year. There was considerable discussion among Council members regarding this proposal. Councilmen Brown and Rowland felt that it was a necessary step in view of the number of water equivalencies used to date, 41.08 issued and 65.38 pending for a total of 106.46, when the average per year has been 161. It was noted that the new Coastal Act could have something to do with this increase and also, building contractors were afraid of a building moritorium and were taking as many building permits out as fast as they could. MOTION: Councilman Shelton moved that Staff be directed to draw up an ordinance which would follow the guidelines of the proposed ordinance with the alternative of 78 water equivalencies per year. The motion was seconded by Councilman Rowland. There was discussion on the motion with Councilman Rowland stating that she was not in favor of the 78 unit alternative. Councilman Rowland withdrew her second to the motion. Councilman Shelton restated his motion: MOTION: Councilman Shelton moved that Council advise Staff MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 28, 1977 Page Six to draw up an ordinance following the water equivalency schedule in the amount of 78 water equivalencies per annum. The motion died for lack of a second. MOTION: Councilman Brown moved that Staff be directed to draw up an ordinance as proposed based on 161 water equiva- lencies per year. The motion was seconded by Councilman Rowland. Councilman Pipitone asked about Council input to the ordinance and also any public input. Mayor Mitchell stated that the ordinance could be amended at the public hearing at the next meeting. There was also discussion on those building permits pending and whether they are to be considered as having a vested right to a building permit. Councilman Brown amended his motion to include that all pending and future building permits be withheld until the proposed ordinance is passed. The amendment was accepted by Councilman Rowland. There was discussion on whether or not the building limitation ordinance should be tied with the mandatory water rationing and lifted if and when mandatory rationing is.lifted. Mr. Warden pointed out that this ordinance is a long term plan and will not have an immediate impact on water production. The plan should be adopted with the consideration that it will be in effect for some time. Councilman Brown amended his motion to include that the ordinance be presented as an urgency ordinance to be passed at the next meeting. The amendment was accepted by Councilman Rowland. Mayor Mitchell stated that he would vote in favor of the public hearing and consideration of the ordinance, however, he was not in favor of the building limitation.ordinance; he could not see what it would accomplish. The motion carried on the following roll call vote: AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell NOES: Councilman Pipitone Comments were heard from Fred Sears, Monty Red and Ernie Reamer in opposition to the two week building moritorium without a public hearing. RECESS 10:12 p.m. RECONVENED 10:23 p.m. NEW BUSINESS D-1 Requests for lease on Lease Site No. 34W Mayor Mitchell stated that he has a conflict of interest in this matter in that the Morro Bay Fishermen are supporting the request of Mr. Leage for this lease site and his firm represents the Morro Bay Fishermen. He turned the meeting over to Councilman • 40. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 28, 1977 Page Seven Brown. Councilman Brown asked Mr. LeSage if it was proper to advertise lease sites publicly before making a determination as to who should be allowed to lease them. Mr. LeSage stated that it was not necessary. Mr. Warden reviewed the Planning Commission's consideration of Mrs. Walton's request. He stated that after the Planning Commission had considered and approved her request, it was proper to bring the matter to the Council for their approval. Subsequent to the Planning Commission's approval, Orval Leage had presented a request for the same property and his request was also before the Council at this time. Mr. Warden reviewed the two proposals. Mrs. Walton wished to extend a pier from her property -into the bay and the proposed use is for harbor tours and commercial fishing docks. Mr. Leage's proposal is to extend a pier from his dock across Lease Site No. 34W to connect with the Morro Bay Fuel Dock. Councilman Shelton was of the opinion that since Mrs. Walton's proposal was the only one heard before the Planning Commission, then that is the only one the Council should consider at this time. Mrs. Walton advised the Council that she has changed her plans in that she is abandoning the tour idea and will build a dock strictly for commercial fishermen. She also stated that she has plenty of parking for them. Councilmen Brown and Rowland felt that since Mrs. Walton had changed her plans, the matter should go back to the Planning Commission. Councilmen Shelton and Pipitone did not feel it was proper to send it back and were in favor of granting the lease to Mrs. Walton. MOTION: Councilman lease site motion was Comments were h Bob Hill, Bill Makow The motion AYES: Councilmen Shelton moved that Staff be directed to put a agreement together for Mrs. Walton. The seconded by Councilman Pipitone. =ard in favor of the proposal by Mr. Leage from =_tski, Bill Murphy, Fred Sears and Orval Leage. failed on the following roll call vote: Pipitone and Shelton NOES: Councilmen Brown and Rowland ABSTAIN: Mayor Mitchell MOTION: Councilman Rowland moved that more concrete plans be submitted by both parties to the Planning Commission The motion was seconded by Councilman Brown and carried with Councilman Pipitone voting no and Mayor Mitchell abstaining. D-2 Consideration of use of Morro Bay Police Officers for school functions Mr. Warden explained that it has been the practice of off -duty police officers to act as guards at school funtions while wearing City uniforms and equipment. Because of the increasing exposure to liability suits and workmer.'G compensation awards, this practice should cease. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 28, 1977 Page Eight Councilman Pipitone was not in favor of this proposal. He felt that the presence of a police officer at school functions was a great deterent to possible violent situations. Mayor Mitchell suggested that the City figure out the costs of the City's exposure and the costs for employing the officer for these functions and have a contrac- tual arrangement with the school so that the City would pay the officers and be reimbursed by the school. MOTION: Mayor Mitchell moved that Staff be directed to devise a plan whereby officers are allowed to continue this work in uniform and present it to the City Council. The motion was seconded by Councilman Shelton and unanimously carried. Councilman Pipitone asked if this included paying the officers at least what the school pays them. Mayor Mitchell stated that he intended that in his motion. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Coucnil (1) Councilman Shelton requested a Staff report on the reclama- tion project. Mr. Warden stated that there was no new information on that subject. Councilman Shelton also asked about the Camp San Luis Obispo land and Mr. Warden stated that the City was one of the front runners for acquisition of the land. E-2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden advised the Council that the Los Osos Landfill will be petitioning the Board of Supervisors for an increase in rates from 504 per cubic yard to 75C per cubic yard. If granted, this will generate a request from the Morro Bay Garbage Company for an increase in rates. (2) Mr. Warden stated that the Breakers restaurant had made a new proposal for the exit which is opposite the Centennial Stairway and which the Council had recommended against having connected with the Centennial Stairway. The present proposal is to construct am exit which would pass under the Centennial Stairway but which would save the willows which are by the property lines and next to the Breakers Restaurant. After Council members discussed this, they decided that they would like to see the Breaker stairway connected to the Centennial Stairway if it was only used as an emergency exit and at no time used for access into the business. Mr. Hooker, representing the Breakers Restaurant, stated that it would be used as an emergency exit only. (3) Mr. Warden reported that the City had received approval for four new CETA positions within the City. (4) Mr. Warden stated that the flashing red light at Morro Bay Boulevard and Main Street had been damaged. If Council had no objection, Mr. Warden planned on not replacing it right away since, with the new undergrounding, there is no way to hold it up. The City MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 29, 1977 Page Nine would, however, keep track to see if it is needed or not. (5) Mr. Warden requested an executive session to discuss personnel matters. ADJOURNMENT MOTION: Councilman moved that the meeting adourn to executive session to consider personnel matters. The motion was seconded by Councilman Shelton and unanimously carried. The meeting adjourned to executive session at 11:38 p.m. and returned to regular session at 11:58 p.m. MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Councilman Shelton and unani- mously carried. The meeting adjourned at 11:58 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, March 14, 1977, at 7:30 p.m., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the appeal of Lloyd N. Ainslie from Planning Commission denial of a Variance to permit structural alterations to an existing nonconforming dwelling at 2620 Koa Avenue, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against, or in modification of said appeal. DATED: February 25, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M. L. WARDEN, City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, March 14, 1977, at 7:30 p.m., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the appeal of Robert F. Kleckner from Planning Commission denial of request for a variance to allow a 3' sideyard setback where the Ordinance requires 5', at 255 Anchor Street, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against, or in modification of said appeal. DATED: February 25, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California A�11<el� By: M. L. WARDEN, Ci Clerk CITY OF MORRO BAY 16 AGENDA - MORRO BAY CITY COUNCIL March 14, 1977 - 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Morro Bay Camp Fire Girls for presentation of Certificate of Appreciation to City Council CONSENT CALENDAR A-1 Minutes of the regular meeting of February 28, 1977 A-2 Minutes of the executive meeting of February 28, 1977 A-3 Expenditure Report, 2-16-77 through 2-28-77 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Resolution No. 14-77 approving assignment of Lease Site No. 8 from Stanley J. and Shirley E. Rogers to Frank Casas and Tom Casas (RECOMMEND ADOPTION) A-6 Resolution No. 15-77 approving sublease on a portion of Lease Sites No. 134-137, Crill (RECOMMEND ADOPTION) A-7 Resolution approving grant of Use Permit Agreement to Kiwanis Club of Morro Bay -Estero for Easter Sunrise Services (RECOMMEND ADOPTION) A-8 Claim of J. Hutton Taylor for sewer damages at 2637 Koa Ave., Morro Bay (RECOMMEND PAYMENT BE AUTHORIZED AT $31.50) A-9 Award bid for fire and allied insurance perils to Atlas Assurance Company, Ltd. (RECOMMEND APPROVAL IN THE AMOUNT OF $8,710 WITH TRANSFER OF $1,210 FROM UNOBLIGATED RESERVE) A-10 Transfer Voucher No. 6-7-14 in the amount of $3900 to build shelter for busses (RECOMMEND APPROVAL) HEARINGS, APPEARANCES AND REPORTS B-1 Appeal of Robert F. Kleckner from Planning Commission denial of request for a Variance at 255 Anchor Street B-2 Appeal of Lloyd N. Ainslie from Planning Commission denial of request for a Variance at 2620 Koa Avenue B-3 Appearance of Carl Williams, President, Morro Bay Senior Citizens, Inc. for request of land B-4 Public hearing on amendment to UMTA grant application and adoption of resolutions B-5 Public hearing on vehicle abatement UNFINISHED BUSINESS C-1 Consideration of Dial -A -Ride bus fare C-2 Review of Yorida and Blue Eagle use of City T Pier C-3 Reorganization of Harbor Committee - Councilmen Pipitone and Shelton C-4 Resolution No. 19-77 approving Local Agency -State Agreement for Federal -Aid Improvement Projects C-5 Consideration of Memorandum of Understanding between the State Department of Transportation and the Area Council C-6 Resolution No. 20-77 requesting that the question of implementing the Nacimiento Water Project be placed before the public at a election to be held in November, 1977 NEW BUSINESS D-1 Consideration of Final Map - McMullen D-2 Commitment of Anti -recession funds D-3 Revisions to Owen Menard and Associates Agreement D-4 Resolution No. 21-77 approving the Need Basis Grant Application for Grant Funds under the Urban Open Space and Recreation Program INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 14, 1977 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None Mrs. Linda Stober, leader of the Morro Bay Camp Fire Girls, stated that since it is the 67th birthday of Camp Fire Girls, they wanted to present a Certificate of Appreciation to the Morro Bay City Council for their support in allowing use of.the Teen Center. The girls presented the Certificate to the Council and Mayor Mitchell thanked them. CONSENT CALENDAR A-1 Minutes of the regular meeting of February 28, 1977 A-2 Minutes of the executive meeting of February 28, 1977 A-3 Expenditure Report, 2-16-77 through 2-28-77 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Resolution No. 14-77 approving assignment of Lease Site No. 8 from Stanley J. and Shirley E. Rogers to Frank Casas and Tom Casas (RECOMMEND ADOPTION) A-6 Resolution No. 15-77 approving sublease on a portion of Lease Site No. 134-137, Crill (RECOMMEND ADOPTION) A-7 .Resolution No. 16-77 approving grant of Use Permit Agreement to Kiwanis Club of Morro Bay -Estero for Easter Sunrise Services (RECOMMEND ADOPTION) A-8 Claim of J. Hutton Taylor for sewer damages at 2637 Koa Ave., Morro Bay (RECOMMEND PAYMENT BE AUTHORIZED AT $31.50) A-9 Award bid for fire and allied insurance perils to Atlas Assurance Company, Ltd. (RECOMMEND APPROVAL IN THE AMOUNT OF $8,710 WITH TRANSFER OF $1,210 FROM UNOBLIGATED RESERVE) A-10 Transfer Voucher No. 6-7-14 in the amount of $3900 to build shelter for busses (RECOMMEND APPROVAL) Mayor Mitchell reviewed all items on the Consent Calendar. Under Correspondence was a letter from the City of Lomita in opposition to bussing. MOTION: Councilman Brown moved forthe approval of the Consent Calendar, Items A-1 through A-10, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Appeal of Robert F. Kleckner from Planning Comission denial of request for a Variance at 255 Anchor Street Mr. Nuzum explained that this request had been denied by the Planning Commission at a meeting on November 15, 1976. Upon appealing the matter to the City Council on January 24, 1977, Mr. Kleckner was advised by -the Council that the appeal was not properly before them since a single-family dwelling is not allowed in an R-4 district. MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL March 14, 1977 Mr. Kleckner has changed his application so that he will only be removing one of the existing buildings on this property and replacing it with a new one. Thus, there will be two buildings on the property as required by the ordinance. On February 22, 1977, the Planning Commission found Mr. Kleckner's application to be in order and directed Mr. Nuzum to return the appeal to the City Council. Mr. Nuzum explained that the subject property is a forty- four foot corner lot and the applicant is requesting a three foot sideyard setback although the Zoning Ordinance requires five feet. Mayor Mitchell declared the public hearing open at 7:41 p.m. Mr. Kleckner stated that the number of times this has been between the Planning Commission and the City Council for consideration has created a hardship on him in that he has to travel from Los Angeles each time it comes up. He explained that the setback is being requested only on the top floor of the building; the ground floor will have the required setbacks. Gene Dowdy and Warren Bunting spoke in favor of Council granting the appeal. Mayor Mitchell closed the hearing at 7:52 p.m. Mr. Warden reminded the Council that they had to make findings of fact if they were going to consider granting this appeal. Councilman Brown and Mayor Mitchell both indicated that they had trouble in establishingthe findings for a hardship. Mayor Mitchell stated that if Council granted this appeal without sufficient findings, another applicant could come before Council with the same problem and expect them to grant a .Variance. Mr. Nuzum read the definition of hardship from the Zoning Ordinance. After considerable discussion, the following motion was made: MOTION: Councilman Shelton moved that Council find the property is in an R-4 Zone; it is a 132' x 44' lot, which is an unusually narrow lot for an R-4 lot; therefore, the appeal is granted only with respect to the bedroom upstairs to allow an additional two foot encroachment. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. With regard to Council action in setting a precedent, Mr. LeSage stated that it is within Council's discretion to grant or not grant an appeal; it is always possible to set a precedent, however, there is no obligation to grant other appeals if Council does not feel there is sufficient grounds on which to do so. B-2 Appeal of Lloyd N. Ainslie from Planning Commision denial of request for a Variance at 2620 Koa Avenue Mr. Nuzum stated that the applicant had requested a Variance to make structural alterations to a residence that is nonconforming in that it projects four feet into the front setback. The Zoning Ordinance does not allow structural alterations to nonconforming buildings. Mr. Ainslie wishes to remodel and reroof an enclosed MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 14, 1977 Page Three patio which was constructed over the garage. The Planning Commission denied the request with the findings that the structure was built illegally without a building permit and that the four feet addition should be removed to bring the building in conformance with the code. Mayor Mitchell declared the hearing open at 8:10 p.m. Mr. Ainslie read a prepared statement which outlined his reasons for requesting the Variance. He felt there was a hardship in that the addition to the building was constructed by the previous owner and was not of his own making. He also objected to two of the Planning Commissioners taking part in the voting process on this application since one had bid on the proposed reroofing of the structure; the other was the president of the local board of realtors and Mr. Anslie had a law suit pending against one of the realtors in town. He felt that these two reasons constituted a conflict of interests where these individuals were concerned and they should have abstained from voting. He stated that the Variance was necessary because the condition of the roof was causing damage to their furniture and carpet during stormy weather. He also felt that there would be an extreme hardship to him if he were required to eliminate the four foot violation in order to comply with the code before he could repair the roof as this would cost approximately $3,000. Bruce Dixon, a neighbor to Mr. Ainslie, spoke in favor of the appeal. There were several questions from Council which Mr. Ainslie responded to. MOTION: Councilman Rowland moved that Council grant the appeal on the basis that the owner has a hardship not of his own making. The motion was seconded by Councilman Brown. Mr. LeSage suggested an amendment to the motion which was included. Councilman Rowland amended her motion to include that the structure be brought up to code as a condition of the Variance and the Council finds that the absence of a frontyard setback does not interfer with the view of the neighboring (Mr. Dixon's) lot. The amendment was accepted by Councilman Brown. Mayor Mitchell declared the hearing closed at 8:43 p.m. After further discussion by Council, Staff was directed to look into the charge of Conflict of Interest and report back to Council. The motion was unanimously carried by roll call vote. B-3 Appearance of Carl Williams, President, Morro Bay Senior Citizens, Inc. request of.land Carl Williams, president of the Morro Bay Senior Citizens, Inc., stated that the Seniors were in need of larger quarters. He said that if they could obtain some land from the City, it would be possible for them to build by having drives and other fund raising projects. If the City builds a civic center in the near future, the Seniors would like to have first opportunity to obtain the Recreation Hall. He gave statistics on the organiza- tions membership and the number of seniors served in Morro Bay. 0 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL March 14, 1977 Mr. Williams invited the Council to attend any of the meetings of the Senior Citizens that they cared to. Mayor Mitchell thanked Mr. Williams for his presentation and stated that the Council would keep his request in mind. No action was taken at this time. RECESS 8:55 p.m RECONVENED 9:08 p.m. B-4 Public hearing on amendment to UMTA grant application and adoption of resolutions Mr. warden explained that this is a supplemental grant to the City's Dial -A -Ride bus grant which includes another bus to connect with the San Luis Obispo system at Cuesta College. Mayor Mitchell noted that the anticipated delivery date of the busses is April 4th with several weeks allowed for training and refine- ment of operational procedures. Mayor Mitchell declared the hearing open at 9:10 p.m. and asked if anyone wished to make comments with regard to the supple- mental grant. As there were no comments, the hearing was closed at 9:11 p.m. Resolution No. 17-77 allocating use of Transportation Development Act funds to support a public transit bus route between the City of Morro Bay and Cuesta College with a transfer connection to San Luis Obispo; and Resolution No. 18-77 authorizing the filing of an application with the Department of Transportation, for a grant under the Urban Mass Transportation Act of 1964, as amended. MOTION: Councilman Brown moved that Resolutions No. 17-77 and 18-77 be read by title only. The motion was seconded by Councilman Shelton and unanimously carried. Mr. Warden read Resolutions No. 17-77 and 18-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolutions No. 17-77 and 18-77. The motion was seconded by Councilman Shelton and unanimously carried by roll call vote. B-5 Public hearing on vehicle abatement Mayor Mitchell stated that the vehicle under consideration was a 1960 Ford located at 552 Kings Avenue. He declared the hearing open at 9:13 p.m. and asked if anyone wished to make a presentation regarding this vehicle. As there were no comments, the hearing was closed at 9:14 p.m. MOTION: Mayor Mitchell moved that Staff be directed to deal with this vehicle in compliance with the ordinance. The motion was seconded by Councilman Shelton and unani- mously carried. UNFINISHED BUSINESS C-1 Consideration of Dial -A -Ride bus fare MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL March 14, 1977 Mr. Warden stated that the Council had previously indicated that they were in favor of a 25C one-way bus fare with 1/2 fare for the elderly and handicapped. They had not, however, formally adopted that fare. He suggested that a coupon -type fare book for the half -fare rate would make it easier to handle than trying to make change. MOTION: Councilman Shelton moved that Council adopt the 25C fare structure with half -fare structure at 12 1/2C for the elderly and handicapped and that a fare booklet be developed for the half -fare rate structure by staff. The motion was seconded by Councilman Pipitone and unanimously carried. C-2 Review of Yorida and Blue Eagle use of City T Pier Mr. Warden stated that the Harbor Committee had met with the owners of the Yorida and Blue Eagle to see if anything could be worked out. Mr. Warden had been informed by Mr. McSpadden of the Harbor Department that there is a space available at the R & M Marina for the Yordia and the water is deep enough there to accommodate that boat. The Blue Eagle, hopefully, will soon be moved to San Francisco where the owners will attempt to sell her. Mr. Warden stated that he had a letter from Mr. Gallo with regard to the spaces available at Brebes T Pier. The letter states that priority for these spaces will be given to fishing vessels. This condition was put on the new docks by the Coastal Commission, however, and Mr. Warden feels that this does not apply to the area around the outside of the pier. Mr. Warden recommended giving both vessels a two month period to vacate and then start applying the penalty fees. Mrs. Cunningham stated that the water at the R & M Marina is too shallow for the Yorida. She suggested changing the Harbor Ordinance. There was considerable discussion with regard to the Yorida situation. Councilman Shelton felt that the City had made a reasonable effort to accommodate the owners of the Yorida and the ordinance should be enforced. MOTION: Councilman Shelton moved that the owner of the Yorida be informed that the Council is going to start applying the Harbor Ordinance within a two month period. The motion was seconded by Councilman Pipitone and unani- mously carried. Mrs. Porter, one of the owners of the Blue Eagle, stated that they had plans to move the Blue Eagle to San Francisco for an attempted sale, however, she wondered if the Council would permit them to return in the event they are unable to sell. Council stated that they were not now interested in discussing anything further than the Blue Eagle's removal from the T Pier. MOTION: Councilman Brown moved that the Blue Eagle be permitted a two month continuation at the City T Pier and after that time, the penalty phase of the ordinance will go into effect. The motion was seconded by Councilman Shelton and unanimously carried. C-3 Reorganization of Harbor Committee - Councilmen Pipitone and Shelton 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 14, 1977 Page Six Councilman Shelton asked that this matter be continued for two weeks as he had been unable to get commitments on several of his proposed appointments. Council members agreed. C-4 Resolution No. 19-77 approving Local Agency -State Agreement for Federal -Aid Improvement Projects Mayor Mitchell explained that this was with regard to the Beachcomber project. MOTION: Councilman Pipitone moved that Resolution No. 19-77 be read by title only. The motion was seconded by Council- man Brown and unanimously carried. Mr. Warden read Resolution No. 19-77 by title only. MOTION: Councilman Brown moved for the adoption of Resoluton No. 19-77. The motion was seconded by Councilman . Rowland and unanimously carried by roll call vote. C-5 Consideration of Memorandum of Understanding between the State Department of Transportation and the Area Council Mr. Warden stated that this memo merely incorporates items approved at the last Council meeting at the suggestion of Councilman Brown. MOTION: Councilman Brown moved that the Memorandum of Understanding between the Department of Transportation and the Area Council be approved by the Morro Bay City Council. The motion was seconded by Councilman Rowland and unanimously carried. C-6 Resolution No. 20-77 requesting that the question of implementing the Nacimiento Water Project be placed before the public at an election to be held in November, 1977 MOTION: Councilman Brown moved that Resolution No. 20-77 be read by title only. The motion was seconded by Mayor Mitchell. Councilman Shelton requested that since this resolution is so important, it should be read in its entirety. Councilman Brown withdrew his motion and Mayor Mitchel his second. Mr. Warden read Resolution No. 20-77 in its entirety. MOTION: Councilman Brown moved for the adoption of Resolution No. 20-77. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. NEW BUSINESS D-1 Consideration of Final Map - McMullen Mr. Warden advised the Council that both the Planning Commission and the Subdivision Review Board had approved this Final Map which is consistent with the Tentaive Map. The City Council must r1 • MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL March 14, 1977 certify to certain facts before they could approve it. Mr. Warden cited the findings which the Planning Commission had already approved. Council, however, was not ready to approve the map on those findings unless they had the information before them on which to base their approval. There was considerable discussion on this matter with Council direction to return with further information at the next Council meeting. D-2 Commitment of Anti -recession funds Mr. Warden explained that the City was in receipt of approximately $8900 of Anti -recession funds which is supposed to be spent to enhance employment. He recommended that $6,000 of these funds be allocated to the census program which recently employed some twenty-seven temporary employees. He requested that the other $3,000 be used to retain Mr. Bill Boucher, Drafting Aide at the Public Works Office. He is a CETA employee whose CETA entitlement runs out in March. Mr. Warden stated that he is going to request that this remain a permanent position in the next budget year; the position has been needed in the past, however, has been postponed until now. MOTION: Councilman Pipitone moved that Council authorize the City Administrator to use the Anti -recession funds in the amount of $6,000 towards payment of the census workers and that the balance be applied to the employment of Mr. Boucher until the new budget year. The motion was seconded by Councilman Shelton and unanimously carried. D-3 Revisions to Owen Menard and Associates Agreement Mr. Warden explained that due to the extra number of times the Owen Menard people have had to come to Morro Bay with regard to the Parks and Recreation Element, Housing Element, and the Sketch Plan, they are requesting that they be reimbursed for this extra travel time. He recommended deleting the Harbor Element from the General Plan Update at this time. This would enable the City to continue payment of the contract without allocating any additional funds. The Harbor Plan could be re -contracted at a later date. Councilman Shelton felt that these trips should be a part of the contract and the City should not have to be charged extra for them. There was further discussion on this subject with Mr. Warden pointing out that trips were included in the contract, but that the extra number required had not been anticipated. MOTION: Councilman Brown moved that the amendment to the Owen Menard and Associates contract be adopted. The motion was seconded by Councilman Pipitone and carried with Councilman Shelton voting no. D-4 Resolution No. 21-77 approving the Need Basis Grant Application for Grant Funds under the Urban Open Space and Recreation Program Mr. Warden stated that there was an additional Resolution MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 14, 1977 Page Eight No. 22-77 which is the same as Resolution No. 21-77. It is necessary that two be adopted; one for each grant. One grant is for development of the ten acre Del Mar Park and the other for lighting at Keiser Park. Councilman Pipitone asked about the $50,000 the City would have to match if the City got the grant. Mr. Warden stated that he would bring the matter back to the Council if and when the City actually got the grant and they could decide at that time if they wished to accept it. MOTION: Councilman Brown moved 22-77 be read by title by -Councilman Shelton that Resolution No. 21-77 and only. The motion was seconded and unanimously carried. Mr. Warden read Resolutions No. 21-77 and 22-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolutions No. No. 21-77 and 22-77. The motion was seconded by Councilman Shelton and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Rowland requested that Staff prepare an ordinance to put into effect a building limitation reflecting an average 3% growth rate. She was concerned about the rising number of water hook-ups currently taking place in.the City. There was considerable discussion on this matter with several of the Councilmen of the opinion that a building limitation was not in order at this time. They were not, however, opposed to considering the matter as an agenda item. MOTION: Councilman Rowland moved that Mr. Warden be directed to prepare an ordinance establishing a limitation on building and providing for the limitation of water equivalencies for presentation to the City Council. The motion was seconded by Councilman Shelton.and carried with Councilman Pipitone voting no. (2) Councilman Brown stated that there is new legislation with regard to real estate sales having to get approval from the local agencies that a building is up to code before the sale can go to escrow. He asked Mr. Warden to look into this and report back to Council. (3) Mayor Mitchell stated that he had received correspondence from Helen Putman, President of the League of California Cities, requesting information as to how the City of Morro Bay intends to pay their share of the new League building. Mr. Warden stated that that had been budgeted for this fiscal year and the Council had elected to go for payment in a lump sum. (4) Councilman Shelton asked if there was any further information on the light at San Jacinto. Mr. Warden stated no, except the matter is before the Coastal Commission for approval at this time. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 14, 1977 Page Nine E-2 City Attorney 4 Mr. LeSage requested an executive session to discuss pending litigation. E-3 City Administrator (1) Mr. Warden advised Council that there would be a meeting held on March 25th in San Luis Obispo, the subject of which would be consideration of the San Luis Obispo Area Council consolidating with Santa Barbara. There was discussion on this matter with Council of the opinion that they were opposed to this consolidation and directed Mr. Warden to write a letter to this effect. It was their opinion that Morro Bay's voice in matters would be very ineffectual in this kind of an arrangement. MOTION: Mayor Mitchell moved that Mr. Warden be directed to send a letter to the Area Council expressing the Council's view. The motion was seconded by Councilman Shelton and --unanimously carried. (2) Mr. Warden also requested an executive session to discuss personnel matters. ADJOURNMENT MOTION: Councilman Pipitone moved that the meeting adjourn to executive session to discuss litigation and personnel. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned to executive session at 10:50 p.m. and returned to regular session at ll:28 p.m. Resolution No. 23-77 of necessity for declaratory relief action City of Morro Bay, San Luis Obispo County, California MOTION: Councilman Brown moved that Resolution No. 23-77 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 23-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 23-77. The motion was seconded by Councilman Pipitone and unanimously carried. MOTION: Councilman Pipitone moved that the meeting be adjourned. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting adjourned at 11:29 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk 0 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, February 28, 1977, at 7:30 p.m., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider a resolution declaring a water shortage' emergency condition for the City of Morro Bay and declaring the necessity for mandatory water rationing; at which said hearing any person interested may appear and express his views for, against, or in modification of said resolution. DATED: February 15, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M. L. WARDEN, City-ClerlF PUBLIC NOTICE NOTICE IS HEREBY GIVEN that any person aggrieved by any act or determination of the Morro Bay Fire Depart- ment in connection with the current weed abatement pro- gram may file an appeal with the City Clerk of the City of Morro Bay prior to February 28, 1977. Such appeal shall be in writing. Upon receipt of an appeal, the City Council shall hear and pass upon each and every appeal and such determination thereupon shall be final and conclusive. DATED: January 31, 1977 M. WARDEN, City Clerk City of Morro Bay, California CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL February 28, 1977 7:3Q p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR A-1 Minutes of the regular meeting of February 14, 1977 A-2 Financial Report, 7-1-76 through 1-31-77 (RECOMMEND APPROVAL) A-3 Expenditure Report, 2-1-77 through 2-15-77 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Closure of State Park Road (RECOMMEND THIS MATTER BE TABLED) A-6 Dunes Street Landscaping Project (RECOMMEND BID BE AWARDED TO R. BURKE CORPORATION IN THE AMOUNT OF $6,255 AND AUTHORIZE TRANSFER OF $855) A-7 Public Hearing on amended UMTA Grant (SET HEARING DATE FOR MARCH 14, 1977) A-8 Appeal of Robert Kleckner from Planning Commission denial of a variance at 255 Anchor Street, Morro Bay (SET HEARING DATE FOR MARCH 14, 1977) A-9 Appeal of Lloyd N. Ainslie from Planning Commission denial of a variance at 2620 Koa Avenue, Morro Bay (SET HEARING DATE FOR MARCH 14, 1977) UNFINISHED BUSINESS C-1 Ordinance No. 151 amending Cable TV Ordinance - second reading NEW BUSINESS D-1 Request to allow access from the Breakers Restaurant to the Centennial Stairway D-2 Resolution No. 13-77 approving transfer of Lease Sites No. 96 and 96W - Richey D-3 Request of P. G. & E. for easement correction D-4 Notice to Council of Budget Calendar for 1977-78 budget D-5 Leasing vs. purchasing of a police patrol vehicle D-6 Request of Brebes Morro Bay Fisheries, Inc. for adjustment to lease rental schedules - Lease Sites No. 110W, 111W, & 112W HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing on weed abatement B-2 Public hearing on adopting mandatory water rationing procedures - Resolution No. 11-77 INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator i MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 28, 1977 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of February 14, 1977 A-2 Financial Report, 7-1-76 through 1-31-77'(RECOMMEND APPROVAL) A-3 Expenditure Report, 2-1-77 through 2-15-77 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Closure of State Park Road (RECOMMEND THIS MATTER BE TABLED) A-6 Dunes Streeet Landscaping Project (RECOMMEND BID BE AWARDED TO R. BURKE CORPORATION IN THE AMOUNT OF $6,255 AND AUTHORIZE TRANSFER OF $855) A-7 Public hearing on amended UMTA Grant (SET HEARING DATE FOR MARCH 14, 1977) A-8 Appeal of Robert Kleckner from Planning Commission denial of a variance at 255 Anchor Street, Morro Bay (SET HEARING DATE FOR MARCH 14, 1977) A-9 Appeal of Lloyd N. Ainslie from Planning Commission denial of a variance at 2620 Koa Avenue, Morro Bay (SET HEARING DATE FOR MARCH 14, 1977) Mayor Mitchell reviewed all items on the Consent Calendar. Items under Correspondece were a letter from Assemblywoman Carol Hallett thanking the Council for their resolution in opposition to a supertanker port in this area, and a resolution from the City of Escondido opposing the redistribution of sales tax revenues on the basis of population. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-9, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. UNFINISHED BUSINESS C-1 Ordinance No. 151 amending Cable TV Ordinance -.second reading MOTION: Councilman Brown moved that Ordinance No. 151 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Ordinance No. 151 by title only. MOTION: Council Brown moved that this constitute the second and and final reading of Ordinance No. 151 and that it be adopted. The motion was seconded by Councilman Pipitone and unanimously carried. I MINUTES - MORRO Regular Meeting Page Two NEW BUSINESS BAY CITY 'COUNCIL February 28, 1977 D-1 Request to allow access from the Breakers Restaurant to the Centennial Stairway Mr. Nuzum, Planning Director, reported that the Planning Commission had considered the request of Tom Hooker, manager of the Breaker's Restaurant, -to construct a landing leading from the lower floor of the restaurant to a landing on the Centennial Stairway. The Planning Commission had granted the request on the condition that landscaping be planted to hide the addition and that the architect of the original stairway design the extension so that it would be as compatible as possible. The City Attorney's opinion had been requested in this matter and he had advised approval or disapproval is discretionary with the City. There were questions from Council with discussion relating to alternative.access. Mr. LeSage informed the Council that the City's liability in the matter would be the same as with any public street or right of way, however, the Stairway should be looked at again.from.a safety standpoint. The Breakers Restaurant could be required to indemnify the City against claims. MOTION: Mayor Mitchell moved that the request of the Breakers Restaurant to connect to the Centennial Stairway be granted on the condition that they indemnify the City from responsibility with respect to the safety of the it and on the same conditions as recommended by the Planning Commission. The motion was seconded by Councilman Pipitone Councilman Pipitone stated that he would rather see the connection to the Stairway instead of another stairway built alongside to detract from the Centennial Stairway; he would be in favor of a restriction on granting the connection so that the exit would only be used for emergency purposes. Mayor Mitchell felt that the Centennial Stairway should be treated as other public rights of ways or streets and access granted when necessary; he also felt that another stairway would detract from the Centennial Stairway. Councilman Shelton felt that the Council should take the -stand supported by the Chamber of Commerce, which is to separate the Stairway from any commercial usage and preserve it as a link between Morro Bay Boulevard to the Embarcadero. Councilman Rowland felt that the Centennial Stairway is a monument to community effort and should be left in its present form. The motion failed on the following roll call vote: AYES: Councilman Pipitone and Mayor Mitchell NOES: Councilmen Brown, Rowland and Shelton Mayor Mitchell stated that the request of the Breakers Restaurant to connect with the Centennial Stairway is denied. D-2 Resolution No. 13-77 approving transfer of Lease Sites No. 96 and 96W - Richey MOTION: Councilman Brown moved that Resolution No. 13-77 be read by title only. The motion was seconded by Councilman Shelton and unanimously carried. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL February 28, 1977 Mr. Warden read Resolution No. 13-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 13-77. The motion was.seconded by Councilman Rowland and unanimously carried by roll call vote. D-3 Request of P. G. & E. for easement correction Mr. Warden explained that P. G. & E., while undertaking a program for installing re -circulation lines, discovered an error in certain P. G. & E. easements which apparently were not properly handled at the time they were originally granted, although both the City and P. G. & E. have believed the easements to exist. Approval of the agreement under consideration will formally confirm that which has been taken for granted these many years. MOTION: Councilman Brown moved that the Council grant the request of P. G. & E. for an easement correction as recommended by the City Administrator and authorize the Mayor and City Clerk to enter into an agreement as proposed. The motion was seconded by Councilman Rowland and unanimously carried. D-4 Notice to Council of Budget Calendar for 1977-78 budget Council members reviewed the budget calendar and discussed a study session date. Saturday, May..14, 1977, was tentatively set. Councilman Shelton stated that the period before this date would be a good time for Councilmen and the public to get new ideas into the general discussion. D-5 Leasing vs. purchasing of a police patrol vehicle Mr. Warden stated that the leasving of police vehicles in the past has been less expensive than purchasing because of the mainten- ance program of the lessor and the tire replacement plan. Now, how- ever, the City has an additional mechanic because of servicing the Dial -A -Ride buses who can also be used to maintain the police vehicles. It is therefore, recommended that the Council authorize the purchasing of police vehicles through the State Purchasing Plan. This would include transferring.$5,185.56 from the Equipment Replacement Reserve in order to purchase one vehicle with a lease expiring May 13, 1977. It is also requested that Council pass Resolution No. 14-77 authorizing the Department of General Services of the State of California to purchase police vehicles. MOTION: Councilman Brown moved that Resolution No. 14-77 be read by title only. The motion was seconded by Councilman Shelton and unanimously carried. Mr. Warden read Resolution No. 14-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 14-77. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. MOTION: Councilman Brown moved that Council authorize the transfer from Vehicle Replacement Reserve of $5,185.56 in order to purchase the police vehicle by May 13, 1977. The motion was MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL February 28, 1977 seconded by Councilman Rowland and unanimously carried. D-6 Request of Brebes Morro Bay Fisheries, Inc. for adjustment to lease rental schedules - Lease Sites No. 110W, 111W, & 112W Mr. Warden advised the Council that Brebes Morro Bay Fisheries wanted to change the rental schedule percentage of requiring payment based upon a gross receipts as currently established in their lease. He reminded the Council that the:sbhedule of percentages had resulted after surveying the then prevailing rental schedules. He felt that the Council should carefully consider these matters particularly as to the impacts on the entire rental structure adopted before changing the policies. Mayor Mitchell stated that he would turn the meeting over to Councilman Brown since he is a lessee of one of the lease sites on the Embarcadero. Ray Gallo, representing Brebes Morro Bay Fisheries, stated that the survey referred to by Mr. Warden was taken from larger cities than Morro Bay where a much greater gross income is realized. He said that he is married to the figures quoted in his letter since these are the only figures that will be accepted by the banks; they are unable to get financing because of the percentages charged by the City. He stated that Brebes is the only dinner house on the Embarcadero paying this amount since the others are under County -type leases. His proposal was a change in the rent structure from a base rent currently of approximately $1500 to $7500 per year. Also, a change in the percentage of the gross from 3% on food and 10% on the bar to 1.25% of the total. He felt.that the current rate is inequitable because fish and chip restaurants do not have the overhead of a dinner house. He stated that if the Council will not accept the financing institutions figures in this matter, the Brebes at the Pier will have to convert to a fish and chips -type restaurant in order to survive. There was considerable discussion on this matter between Council, Mr. Gallo and Mr. Warden. It was felt by Council that Staff should meet with Mr. Gallo and representatives of the financial institution Mr. Gallo is working with and try to work out an equitable solution. MOTION: Councilman Brown moved that Staff meet with Mr. Gallo and the bank's representative to discuss the rental schedule on Lease Sites No. 110W, 111W, and 112W and come back with a recommendation to Council. The motion was seconded by Councilman Shelton and carried with Mayor Mitchell abstaining. Councilman Brown turned the meeting back to Mayor Mitchell. HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing on weed abatement Mr. Warden stated that this hearing is held annually to allow anyone aggrieved by the acts or determinations of the Fire Chief in assessing costs for weed abatement to appeal to the City Council. As of this time, no written appeals have been received. Mayor Mitchell declared the hearing open at 8:37 p.m. and asked if anyone wished to make a presentation with regard to the weed abate- �J MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL February 28, 1977 ment program. As there were no comments, the hearing was closed at 8:38 P.M. No action was taken. RECESS 8:47 p.m. RECONVENED 8:52 p.m. B-2 Public hearing on adopting mandatory water rationing procedures - Resolution No. 11-77 Mayor Mitchell stated that this matter had been thoroughly discussed at the last meeting of the Council and several amendments to the proposed resolution had been adopted by Council. It was decided that a public hearing would be held to enable.the greatest possible public coverage of of this subject. Mayor Mitchell declared the hearing open at 8:58 p.m. and asked if anyone cared to make a presentation with regard to the proposed mandatory water rationing program. Vern Correll spoke in support of the City's proposed mandatory water rationing plan, Howard Gaines spoke in support of equal appli- cation of the law which he did not feel was represented by the pro- posed rules and regulations; Thomas Harmon asked several question about the mandatory rationing program which Mr. Warden responded to; Grace Melton spoke in support of the mandatory water rationing pro- gram; Nancy Culver spoke in favor of the mandatory water rationing, however, did not feel that this should be imposed without a restriction on water hook-ups; Vernon Crass was in favor of the proposed program; Carl Ansberry felt that most people would go along with the program, but also wanted a restriction in building; Jay Runner spoke in favor of the proposed program; James Campbell spoke about the people already conserving as much as possible; Chick Greenelsh spoke in opposition to a limitation in water hook-ups; Gina Francis suggested everyone in the City try to use only the minimum amount of water; Frances Coleson suggested that Council take up the offer of Mr. Giannini to use the well on his property and asked what the Council would do if Monterey got to use Nacimiento water instead of Morro Bay. Mayor Mitchell responded to her questions. Thelma Harris suggested allowing a minimum of water per individual per household under the mandatory water rationing procedures. Mr. Warden stated that he had visited Marin County two weeks ago and spoke to the Director there with regard to the plan which Marin County has adopted. They are uncertain as to the manner of enforcement since they are dependent upon people telling them how many people are actually living in each household. Sylvia Cook spoke in favor of the proposed program and criticized past Council's for not having the foresight to do something about the water situation in Morro Bay long ago. Don Bailey felt that this situation is not a matter of just getting through this year; it is predicted that this is the beginning of three to seven dry years —He felt that the City must look to long range implications of not restricting building. Ervin Tripper suggested an evaporator; Jackie Bode stated that the people should not be worried about the cost of water, just whether or not we can get some. Mary Phillips spoke with regard to the annual growth rate; Ernest Reamer spoke in favor of the Nacimiento Water Project; and Bob De Somers stated that the Chamber of Commerce had unanimously voted to support the proposed mandatory water rationing program and urged the Council to actively take steps to obtain Nacimiento Water. As there were no further comments, the hearing was closed at 9:50 MINUTES - MORRO Regular Meeting Page Six for discussion. Councilman Rowland stated that she would like to see the 3% annual growth rate somehow worked into the mandatory water rationing procedures. Mayor Mitchell felt that a building limitation of this sort should be considered at a subsequent meeting of the Council so that it can be properly advertised and a public hearing could be held on the subject. He thought that perhaps the subject of growth control should be a part of the City's General Plan. Mayor Mitchell discussed the polarization evidenced at this evening's meeting; it has been implied that those in favor of a Nacimiento Water Project were proponents of development in Morro Bay and that those who were not in favor of a Nacimiento Water Project were no -growth advocates. He noted the feeling of some of the people speaking that those who had conserved water all along would be expected to save 20% of their water production while those who have not been saving or have been wasting water would have little hardship under the mandatory water rationing plan. Mayor Mitchell pointed out, several times during the evening, that Phase I of the plan was seeking a 20% total City cut -back in water production. The individual reading of meters would only go into effect if and when the Council implemented Phase III of the rules and regulations. Even then, there is an appeal procedure to the City Administrator and thence to the City Council so that those people currently saving as much as they can, can obtain a waiver from this requirement. MOTION: Councilman Brown moved for the adoption of Resolution No. 11-77. The motion was seconded by Mayor Mitchell. Councilman Shelton stated that he could not vote in favor of the rules and regulations unless they also included some sort of building limitation in order to make them seem more equitable to the populous, at least in Phase III of the proposed rules and regulations. Mayor Mitchell stated that he would be in favor of considering a building limitation when the Council has to consider Phase III of the rules and regulations. The motion Councilmen Councilman RECONVENED INDIVIDUAL DETERMINATION AND/OR ACTION (1) Councilman Pipitone reported on the meeting with Councilman Shelton, the owners of the "Blue Eagle" and "Yorida" and a representative of the Morro Bay Fishermens Organization with regard to these two vessels docking at the City T Pier. It appears that the Blue Eagle will be moved shortly, however, it is not known exactly when. The case of the "Yorida" seems a little more difficult inasmuch as Mrs. Cunningham does not feel that they will ever be able to move because of personal health problems. Mr. Warden informed the Council that Mr. McSpadden, Harborpatrolman, informed him that there is a MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL February 28, 1977 space at the.H & M Marina, however, he does not know if Mrs. Cunningham will accept this. At any rate the situation will be brought back to the Council as an agenda item at the next meeting. Councilman Shelton suggested that all Councilmembers prepare a list of candidates to choose from to form a Harbor Committee. He felt that there were some problems needed to be discussed in this area. This also will be scheduled as an agenda item at the next meeting. (2) Councilman Brown stated that the County Board of Supervisors had requested an appointment from the Area Council to the Emergency Medical Care Committee and he had been appointed to repre- sent the Area Planning Council. (3) Councilman Brown stated that an amendment had been offered to the Memorandum of Understanding with regard to the membership on the Transporation Technical Advisory Committee. This amendment would delete the requirement for only Planning or Engineering members and would allow any city or county selected person to serve. Council agreed with this amendment. E-2 City Attorney Mr. Leaage requested an executive session to discuss pending litigation. E-3 City Administrator (1) Mr. Warden advised the Council that the Institute for Local Self Government is sponsoring a two-day statewide Equal Employment Opportunity/Affirmative Action Conference to be held in June. This is co=sponsored by the County Supervisors' Association and the League of California Cities. (2) Mr. Warden stated that there will be a'Governor's Drought Conference on March 7 and 8, 1977 in the L. A. Convention Center. ADJOURNMENT MOTION: Councilman Brown moved that the meeting adjourn to executive session to discuss pending litigation. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned to executive session at 10:25 p.m. and returned to regular session at 11:07 p.m. MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting adjourned at 11:07 p.m. Recorded by: M. L. WARDEN, City Clerk c�/CCGCG C_. �'tL�L 7 By: Ardith Davis Deputy City Clerk CITY OF MORRO DAY *OFFICE MEMORANDUM To City Council Date February 10, 1977 From Murray Warden gUg,7rCT Agenda - February 14, 1977 You will note that the Hearings Appearances and Reports section of this agenda.has been scheduled to come after New Business. This is due to the anticipated length of the water situation subject so that those people with items on the agenda will not have to wait to speak to their particular items. 6 6 CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL February 14, 1977 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR A-1 Minutes of the adjourned regular meeting of January 17, 1977 A-2 Minutes of the regular meeting of January 24, 1977 A-3 Minutes of the executive meeting of January 24, 1977 A-4 Expenditure Report, 1-16-77 to 1-31-77 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 Resolution No. 7-77 amending.Resolution No. 76-76 which adopted a Conflict of Interest Code applicable to the members of the City Council pursuant to the Political Reform Act of 1974 (RECOMMEND ADOPTION) A-7 Tank Painting Project No. PW76-012-36 (RECOMMEND BID BE AWARDED TO FRED JULIEN AND ASSOCIATES IN THE AMOUNT OF $3,859.50) A-8 Street Resurfacing Project No. PW76-003-33 (RECOMMEND BID BE AWARDED FOR BASE BID WORK TO SOUTHERN PACIFIC MILLING COMPANY IN THE AMOUNT OF $21,640.40) A-9 Transfer Voucher No. 6-7-10 for State Compensation Insurance Fund increase (RECOMMEND APPROVAL) A-10 Transfer Voucher No. 6-7-09 for Sewage Gas Meter in the amount of $267.00 (RECOMMEND APPROVAL) UNFINISHED BUSINESS C-1 Consideration of vessels "Yorida" and "Blue Eagle" at City T Pier C-2 Consideration of re -allocating funds for drilling of a replace- ment well NEW BUSINESS D-1 Consideration of Ordinance No. 151 amending Cable TV franchise D-2 School Board request for support of construction funds - Measure B issue on March 8, 1977 ballot, Resolution No. 8-77 D-3 Resolution No. 9-77 approving amendment to lease for Lease Sites No. 105.3W, 106W, 107W, and 108W, Brebes Morro Bay Fisheries, Inc. D-4 Resolution No. 10-77 approving amendment. to lease for Lease Sites No. 109PW & 109P, Brebes Morro.Bay Fisheries, Inc. D-5 Request for amendment to UMTA bus grant HEARING, APPEARANCES AND REPORTS B-1 Report from City Water Advisory Committee B-2 Consideration of Resolution No. 11-77 adopting mandatory water rationing procedures INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney "-__ E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 14, 1977 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor .Mitchell ABSENT: None Mayor Mitchell stated that before the regular meeting commenced, he wished to make a presentation to a City employee, Gerald M. Mendez, Harborpatrolman, for risking his life in a sea rescue mission near Morro Rock in December, 1975. For this achievement, he had received the Silver Lifesaving Medal from the U. S. Coast Guard, an outstanding achievement which has been awarded approximately 80 times in its history. Mayor Mitchell gave Mr. Mendez a Certi- ficate of Appreciation and thanked him for being such a valuable employee to the City of Morro Bay. Mr. Mendez thanked the Council for their recognition. Mayor Mitchell also stated that a member of the Centennial Stairway committee, Mary Cronin, wished to make a presentation tc the City. Mrs. Cronin presented the City with a check in the amount of $392.65 as the Centennial Stairway's final contribution to the construction of the Centennial Stairway and asked that the Council relieve the Centennial Stairway Committee of any further obligation in this regard. She stated that there are still some steps left which can be purchased from City Hall for memorial or other purposes. Mayor Mitchell thanked Mrs. Cronin for the check. MOTION: Mayor Mitchell moved that Council relieve the Cen- ennial Stairway Committee of their responsibilities with the Council's thanks. The motion was seconded by Councilman Brown and unanimously carried. CONSENT CALENDAR A-1 Minutes of the adjourned regular meeting of January 17, 1977 A-2 Minutes of the regular meeting of January 24, 1977 A-3 Minutes of the executive meeting of January 24, 1977 A-4 Expenditure Report, 1-16-77 to 1-31-77 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 Resolution No. 7-77 amending Resolution No. 76-76 which adopted a Conflict of Interest Code applicable to the members of the City Council pursuant to the Political Reform Act of 1974 (RECOMMEND ADOPTION) A-7 Tank Painting Project No. PW76-012-36 (RECOMMEND BID BE AWARDED TO FRED JULIEN AND ASSOCIATES IN THE AMOUNT OF $3,859.50) A-8 Street Resurfacing Project No. PW76-003-33 (RECOMMEND BID BE AWARDED FOR BASE BID WORK TO SOUTHERN PACIFIC MILLING COMPANY IN THE AMOUNT OF $21,640.40) A-9 Transfer Voucher No. 6-7-10 for State Compensation Insurance Fund increase (RECOMMEND APPROVAL) A-10 Transfer Voucher No. 6-7-09 for Sewage Gas Meter in the amount of $267.00 (RECOMMEND APPROVAL) Mayor Mitchell reviewed all items on the Consent Calendar. Under MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 14, 1977 Page Two items of correspondence was a resolution from the City of South E1 Monte protesting the practice of the Department of Motor vehicles of selling the names and addresses of citizens upon request to any individual or company so requesting and urging repeal of the law authorizing this practice; a letter from Barbara W. Carlson of the County Local Agency Formation Commission regarding boundary changes; a letter from the County Symphony Association acknowledging receipt of a check from the City of Morro Bay in support of their operation; and a letter from Jacques Barzaghi, Special Assistant to the Governor, thanking.the City for their resolution in opposition to the super- tanker port along the south-central California coast. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-10, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Council- man Rowland and unanimously carried,by roll call vote. UNFINISHED BUSINESS C-1 Consideration of vessels "Yorida" and "Blue Eagle" at City T Pier Mr. Warden advised the Council that they had extended the time for the "Yorida" and the "Blue Eagle" to dock at the City T Pier, which is supposed to be used for transient vessels only, until February 28, 1977. This time is approaching and Council needs to decide whether or not they will grant an additional extension. Mrs. Cunningham has indicated that she still has not found a place for her vessel, the "Yorida", and he had heard that the Porters intend to move the "Blue Eagle" to San Francisco, however, he has received no written notification to that effect. Mrs. Porter was present and informed the Council that they want to take the "Blue Eagle" to San Francisco for sale, however, they need more time at the City T Pier since this is the only place deep enough in the bay to dock their boat. Mrs. Cunningham stated that she has the same problem; there is nowhere in Morro Bay deep enough to dock her boat other than the City T Pier. Councilman Brown stated that.he had been talking with Mr. Makowetski of the Morro Bay Fishermen's Organization and he had suggested letting the Harbor Committee meet with the owners of the "Yorida" and the Blue Eagle" and perhaps they could help find a solution to the problem. Council members felt that this was a reasonable alternative. Mayor Mitchell pointed out that the Council needed to grant an extension of time for the two vessels to dock at the City T Pier to enable this committee to meet and come up with some recommenda- tions. MOTION: Councilman Brown moved that Council authorize an extension of time for the "Yorida" and the "Blue Eagle" to dock at the City T Pier for an additional thirty days beyond the February 28, 1977, deadline; that the Harbor Committee meet with the Morro Bay Fishermens Organization and the owners of the two boats to attempt to work something out; and that they report back to the City Council at the first meeting in March. The motion was seconded by Councilman Shelton and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 14, 1977 Page Three C-2 Consideration of re -allocating funds for drilling of a replace- ment well Mr. Warden advised Council that the additional well drilling on the Boone property had been authorized as a Revenue Sharing expen- diture in the current budget. Upon advertising the project for bid, the City was unable to obtain bids because of the extensive book -work required under the Davis -Bacon Act which governs the expenditure of Revenue Sharing monies. Contractors simply do not want to go through all the extra work involved. Mr. Warden requested that the Council authorize a transfer of $22,000 from Unobligated Reserve so that this project can be accomplished in this fiscal year and that the Revenue Sharing monies allocated for this project be held in abeyance for re- allocation in the next fiscal year's budget. MOTION: Councilman Shelton moved for the approval of the transfer of $22,000 from Unobligated Reserve for the drilling of a well on the Boone property, and that the Revenue Sharing money allocated for this project be held in abeyance until the next fiscal year's budget. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. NEW BUSINESS D-1 Consideration of Ordinance No. 151 amending Cable TV franchise Mayor Mitchell explained that.this ordinance merely transferred the franchise from one company name to another and is a housekeeping - type ordinance. MOTION: Councilman Pipitone moved that Ordinance No. 151 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Ordinance No. 151 by title only. MOTION: Mayor Mitchell moved that this constitute the first reading of Ordinance No. 151. The motion was seconded by Councilman Brown and unanimously carried. D-2 School Board request for support of construction funds Measure B issue on March 8, 1977 ballot, Resolution No. 8-77 Mr. Warden advised the Council that Dr. Newman had called and requested that this matter be withdrawn from the agenda. D-3 Resolution No. 9-77 approving amendment to lease for Lease Sites No. 105.3W, 106W, 107W, and 108W, Brebes Morro Bay Brebes Morro Bay Fisheries, Inc. Mayor Mitchell explained that this and the following resolution were to correct inaccurate descriptions in the respective lease sites. MOTION: Councilman Borwn moved that Resolution No. 9-77 be read by title only. The motion was seconded by Councilman Rowland and unanimously carried. Mr. Warden read Resolution No. 9-77 by title only. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 14, 1977 Page Four MOTION: Councilman Brown moved for the adoption of Resolution No. 9-77. The motion was seconded by Councilman Rowland and unanimously carried. D-4 Resolution No. 10-77 approving amendment to lease for Lease Sites No. 109PW & 109P, Brebes Morro Bay Fisheries, Inc. MOTION: Councilman Brown moved that Resolution No. 10-77 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 10-77 by title only. MOTTON: Councilman Brown moved for the adoption of Resolution No. 10-77. The motion was seconded by Councilman Rowland and unanimously carried. D-5 Request for amendment to UMTA bus grant Mr. Warden stated that when the City had first started to obtain a bus grant for the City of Morro Bay, Staff had been directed by Council to investigate the possibility of a system to connect Morro Bay with San Luis Obispo, possibly via Cuesta College. At that time, San Luis Obispo was not interested. Since then, however, San Luis Obispo has obtained a grant for a bus to Cuesta College and have contacted Morro Bay with regard to a connecting system. As a conse- quence, Mr. Warden has contacted UMTA personnel in Washington D. C. with regard to the City's grant and was informed that the City could submit an amended grant for an additional bus. He requested, if Council was still interested in this proposal, that they make a motion to accomplish a new or mini -grant. MOTION: Councilman Brown moved that Council,approve the amendment to the UMTA grant to include the new bus. The motion was seconded by Councilman Shelton. There was further discussion on the motion. Councilman Brown amended his motion to include that the City Administrator be authorized to submit this amended grant. The amendment was accepted by Council- man Shelton and unanimously carried. Mayor Mitchell remembered that the City's new Fire Chief, Bill Lane, was present for the first time at tonight's meeting and intro- duced him to the public and welcomed him to the City. HEARINGS, APPEARANCES AND REPORTS B-1 Report from City Water Advisory Committee Mr. Jay Runner, Chairman of the newly formed City Water Advisory Committee, informed the Council that the Committee had met twice to discuss various issues concerning water. The only recommendation they have to make at this time is for the City Council take whatever action is necessary to put the Nacimiento Water Project on the November, 1977, ballot. B-2 Consideration of Resolution No. 11-77 adopting mandatory water rationing procedures MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL February 14,11977 Mayor Mitchell stated that the City Council had, at the last meeting, directed staff to prepare an ordinance to enable the Council to adopt mandatory water rationing procedures and draw up suggestions therefor. The goal of the rationing was to cut production of water by 20%. The Council had been presented with several pages of rules and regulations which outlined a phased -type of situation whereby the severity of the rationing increased with each phase. It was planned that tonight the matter would be discussed by the Council and public and a public hearing would be held at the next meeting before final adoption of the procedures. The public hearing was not a requirement of the law, however, it was suggested that Council use this procedure to allow the greatest possible opportunity for an expression of public opinion. Councilman Pipitone referred to the recent news release issued by the Morro Bay Tomorrow group in which they mentioned the "shabby treatment" given the citizens by the City Council.with regard to the water shortage. He felt that the release was totally out of line and not at all reflective of Council actions. Mayor Mitchell also had a prepared statement which he read with regard to the Morro Bay Tomorrow release. He felt that it was an irresponsible action on the part of this organization, but was part of their primary objective of stopping growth. He stated that it contained their standard threat to recall Council members and ignored the adverse economic climate for the City of Morro Bay which would be creating by their moratorium proposal. Mayor Mitchell definitely did not feel that a building moratorium is justified at this time. Councilman Rowland also discussed her objections to the news release. Councilman Brown stated that he had been disappointed in attending a recent meeting of this organization in that he felt that they were going to try to defeat the Nacimiento Water Project should it come before the voters. Mayor Mitchell asked Mr. Warden to briefly review the information given Council members at their last meeting and also review the suggested procedures. Mr. Warden reviewed the figures quoted to Council at the last meeting with regard to the water situation and stated that Staff had been in contact with several cities experiencing the same problems as Morro Bay and, in general, gathering information to aid in presenting a feasible plan to the Council. Mr. Warden outlined the various approaches used and explained that the one recommended for Council adoption is a procedure whereby each individual residence, business, etc., would attempt to cut back 20% on their water production. The City planned to initiate a campaign to see that appropriate literature is dispensed to the public. This literature will list ways whereby citizens can cut down their water use. Mr. Warden read the Phase I portion of the rules and regulations and suggested that an additional paragraph be added after Phase III which would provide an appeal procedure through the City Administrator and thence to the Council if a user feels he is already conserving as much as he possibly can. Mr. Warden also suggested that an additional paragraph be added in the resolution so that Council only approves the implementation of Phase I and that initiation of Phase II or III will be only after specific Council approval. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL February 14, 1977 Mayor Mitchell felt that number 2 after Phase III under "D. Penalties and Enforcement" should be deleted. This provided for a second notice for violation and Mayor Mitchell felt that one notice was sufficient. He also felt that the restoration of service after cut off for violation should be at a higher rate than $15.00 or $25.00. There was discussion with regard to those who are already conserving as much water as they possibly can and it was pointed out that the first Phase of this program required a 20% reduction in water production over-all. It would only be in the third Phase where the City started reading meters and making individual households cut back 20%. RECESS 8:53 p.m. RECONVENED 9:08 p.m. Mayor Mitchell stated that another meeting would be held before the adoption of the rules and regulations and that meeting would be an advertised public hearing. He asked those members of the public wishing to speak to this subject to step forward and identify them- selves. Dan Stack reviewed the reports made by engineers in the past with regard to the water situation and suggested that now.is the time for action. Tom Harmon, Chairman of Morro Bay Tomorrow spoke in favor of a cut back in water hook-ups. He informed the Council that Morro Bay Tomorrow had collected 300 signatures in favor of this proposal over a four day period with very few people refusing to sign. Mary Phillips read Chapter 3, "Water Shortage Emergencies", of the State Water Code to the Council.which outlined the procedures to be taken in a water emergency. She criticized the Council on their water rationing program without a cut-back._in building. Bettie Floercky, president of the Motel Association, outlined the procedures being taken by the motels in Morro Bay to conserve water and advised against a program whereby the motels are forced to close some of their rooms. Dorthy Birkhead stated that it was unfair to say that the Council was at fault in this situation and suggested that if the whole town works at it, the City can make it through this situation. Howard Gaines spoke in opposition to the mandatory water rationing program and stated that all must bear an equal burden in this situation. Jane Bailey stated that no one in Morro Bay Tomorrow is advocating a building moratorium, and questioned if Council knew what, in fact, the effect would be if there was no longer a construction and tourist industry in Morro Bay. James Campbell stated that the City owns a utility company and it is that untility company's responsibility to provide water for its citizens. Lila Keiser stated that a bond issue for Nacimiento supplemental water had come before the citizens of Morro Bay in 1974 and failed because some of the partners involved in the project did not vote in favor of it. Mr. Frazier commended the City Administrator. -and the.City Council on the presentation and plans for rationing. Carl Williams, president of the Morro Bay Senior Citizens, stated that the seniors were in favor of rationing and suggested also that the City concentrate on updating the water and sewer lines, especially in the Harbor Tract area. Jane Orvis stated that she had called building contractors and related businesses to find out how many employees are supported by this industry that live in Morro Bay. The number is not that high,.so_she does not feel that a building limitation would have that drastic an effect on this City. Ernie Miller stated that he is a new resident to Morro Bay and, since he is familiar with engineering, offered his services to MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL February 14,.1977 the City. Bob DeSomer, president of the Morro Bay Chamber of Commerce, spoke in favor of the water rationing program. Augie Rosenberg stated that although the water rationing program sounds like a good one, he wondered what the long range plans were for obtaining water. Mayor Mitchell reviewed the City Council's efforts in this area, i.e., conservation, reclamation, Nacimiento Water Project. Comments were heard from Jay Stocking. Sonny Machado attempted to sell the Council water rationing kits and was informed by Mayor Mitchell that the Council meeting was not the place to do it. Council members discussed the rules and regulations further and Councilman Rowland felt that the 3% historic growth figure should be included in the plan. Councilman Shelton agreed. MOTION: Councilman Pipitone moved that Council accept Phase I of the water rationing program and that it be brought back at the next meeting for consideration after the public hearing. The motion was seconded by Councilman Brown. There was discussion on the motion with Mr. Warden stating that he would bring back the rules and regulations as a whole for -their adoption and the resolution would include a proviso that Phases II and III would not be implemented unless Council first approves. Council can also change the provisions of Phase II and III whenever they want to. MOTION: Councilman Pipitone amended his motion so that the rules and regulations would be brought back for Council adoption with the recommended changes made this evening. Councilman Brown accepted this amendment. Councilman Shelton did not feel that he could support the motion since it did not also include some sort of limitions on the develop- ment of the community. The motion carried with Councilman Shelton voting no. RECESS 10:40 p.m. RECONVENED 10:49 p.m. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman.Shelton brought up.a matter with regard to.the..... City Water Advisory Committee which Mayor Mitchell clarified. E-2 City Attorney (1) Mr. Leaage reported that the Roeben suit for Writ of Mandate had been awarded in favor of the City. E-3 City Administrator (1) Mr. Warden stated that the Channel Counties Division of the League of California Cities will meet February 25, 1977, at the Madonna Inn in San Luis Obispo. He asked Council if the Planning Commission should be invited to attend. Council members felt that an invitation should be extended to the Planning Commission; also to Reverend Dear and his wife. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting Page Eight ADJOURNMENT MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned at 10:55 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, January 24, 1976, at 7:30 p.m., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the appeal of Robert F. Kleckner from Planning Commission denial of request for a Variance to allow a 3' sideyard setback where the Ordinance requires 5', at 255 Anchor Street, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against, or in modification of said appeal. DATED: January 4, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California /)r/, )"�' By L. WARDEN, City Clerk 11 rI CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL January 24, 1977 1:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR A-1 Minutes of the adjourned regular meeting of January 8, 1977 A-2 Minutes of the executive meeting of January 8, 1977 A-3 Minutes of the regular meeting of January 10, 1977 A-4 Minutes of the executive meeting of January 10, 1977 A-5 Financial Report, 7-1-76 to 12-31-76 (RECOMMEND APPROVAL) A-6 Expenditure Report, 1-1-77 to 1-15-77 (RECOMMEND APPROVAL) A-7 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-8 Award bid for sludge collector -conveyor chain (RECOMMEND BID BE AWARDED TO MOLINE CORPORATION IN THE AMOUNT OF $2,307.37) A-9 Resolution No. 4-77 authorizing Mayor and City Clerk to execute a right of way certificate for Federal Aid Urban Project M-Y370(1) and forward the same to California Department of Transportation (RECOMMEND ADOPTION) A-10 Resolution No. 5-77 approving grant of Use Permit Agreement to Morro Bay Art Association (RECOMMEND ADOPTION) HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of representative of Legal Services Corporation of San Luis Obispo County for support B-2 Appeal of Robert F. Kleckner from Planning Commission denial of request for a Variance at 255 Anchor Street B-3 Hearing on vehicle abatement B-4 Carollo Engineers up -date of water availability UNFINISHED BUSINESS C-1 Consideration of Sketch Plan - continued C-2 Consideration of City Water Advisory Committee - Mayor Mitchell C-3 Implementation of parking enforcement NEW BUSINESS D-1 Consideration of acquiring tax deeded property INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator • 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 24, 1977 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None Mayor Mitchell presented a Certificate of Appreciation to Vivian Doubledee, retiring Planning Commissioner. Mrs. Doubledee thanked the people of Morro Bay for having given her encouragement and support during her term. CONSENT CALENDAR A-1 Minutes of the adjourned regular meeting of January 8, 1977 A-2 Minutes of the executive meeting of January 8, 1977 A-3 Minutes of the regular meeting of January 10, 1977 A-4 Minutes of the executive meeting of January 10, 1977 A-5 Financial Report, 7-1-76 to 12-31-76 (RECOMMEND APPROVAL) A-6 Expenditure Report, 1-1-77 to 1-15-77 (RECOMMEND APPROVAL) A-7 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-8 Award bid for sludge collector -conveyor chain (RECOMMEND BID BE AWARDED TO MOLINE CORPORATION IN THE AMOUNT OF $2,307.37) A-9 Resolution No. 4-77 authorizing Mayor and City Clerk to execute a right of way certificate for Federal Aid Urban Project M-Y370(1) and forward the same to California Depart- ment of Transportation (RECOMMEND ADOPTION) A-10 Resolution No. 5-77 approving grant of Use Permit Agreement to Morro Bay Art Association (RECOMMEND ADOPTION) Mayor Mitchell reviewed all items on the Consent Calendar. Under correspondence was a letter from Robert P. Nimmo, State Senator, acknowledging the City's resolution opposing the super- tanker port. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-10 with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of representative of Legal Services Corporation of San Luis Obispo County requesting support Mr. Art Shaw of the Legal Services Corporation explained that this organization had requested funding from the Board of Supervisors last year and had assured the Supervisors that their request would be one-time only since they expected to receive federal funding for their program the next year. This federal funding is not available,,therefore, Legal Services again needs to ask the County for support. Mr. Shaw requested that the Council pass a proposed resolution which 'would show that the cities in the area support the program and urge the County to MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 24, 1977 Page Two fund Legal Services. Mr. Shaw also gave supporting figures of legal services supplied to the residents of the County unable to afford private attorneys. Council members felt that the Council should go on record in support of continued funding by the County to the Legal Services Corporation. Resolution No. 6-77. Resolution urging the Board of Super- visors to favorably consider request for funds by Legal Services Corporation MOTION: Councilman Shelton moved for the adoption of Resolution No. 6-77. The motion was seconded by Mayor Mitchell and unanimously carried. B-2 Appeal of Robert F. Kleckner from Planning Commission denial of request for a Variance at 255 Anchor Street Councilman Brown had a question with regard to this matter before the Staff report was presented. He wanted to know if it was proper to allow a single family residence in an R-4 Zone. In the R-2 and R-3 Zones, single family residences are permitted, but this inclusion is not provided for in the definition for an R-4 Zone as the ordinance is written. Mr. Nuzum stated that he had mentioned this to the Planning Commission and they had interpreted the ordinance to mean that single family residences could be in an R-4 Zone. Councilman Brown felt that that interpretation, in fact, amended the ordinance and it is not within the purview of the Planning Commission to amend the Zoning Ordinance. Mr. LeSage, the City Attorney, agreed with Councilman Brown that a single family residence was not allowed in an R-4 Zone under _ existing provisions. Mr. Nuzum stated that the developer plans to put a multiple dwelling on the property and this is the first phase of that project. The Council, however, maintained that they were being asked to act on an appeal for a variance on a single family residence which is not even allowed in an R-4 Zone. Mr. LeSage stated that the alterna- tives were for the developer to present plans for a multiple family dwelling on the property or request consideration of a change in the ordinance so as to allow single family residences in an R-4 Zone. Mr. Kleckner was upset because this wasn't brought up in the appearances before the Planning Commission and wanted to know why it was only now that it is being decided that a single family residence is not allowed in an R-4 Zone. Mayor Mitchell stated that the Planning Commission made an interpretation of the Zoning Ordinance which the Council does not feel is correct. MOTION: Councilman Brown moved that the appeal for a variance for a single family residence is inappropriate and that the matter be referred back to the, applicant and Staff. 0 n L� MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL January 24, 1977 The motion was seconded by Councilman Shelton and unanimously carried. B-3 Hearing on vehicle abatement Mayor Mitchell stated that the two vehicles involved are a 1955 Olds located at 1150 Las Tunas and a 1957 Ford located at 2160 Sea - view. He opened the public hearing at 8:00 p.m. and called for comments with regard to these vehicles. Mr. Fleury, owner of the vehicle located at 1150 Las Tunas, informed the Council that he planned to have the vehicle removed the following day. Chief Schacht stated that there is a ten day waiting period after Council action on this so that if the vehicle is moved before then, there would be no problem. Mayor Mitchell closed the hearing at 8:01 p.m MOTION: Mayor Mitchell moved that Staff be directed to deal with these vehicles in accordance with the ordinance. The motion was seconded by Council- man Shelton and unanimously carried. B-4 Carollo Engineers up -date of water availability Mr. Warden stated that Dr. John Mann, geologist, would not be present at tonight's meeting. He mentioned this since there was an article in the newspaper stating that he would be here. Also, he stated that Staff had worked up until 5:30 p.m. this evening compiling the information to be presented so that they were unable to provide written material for Council. Mr. Warden presented charts which showed the affect rationing water would have at 10%, 20%, and 30% saving levels on the City's water production and well levels; 10% being voluntary rationing, 20% being mandatory rationing, and 30% being absolute rationing. It was pointed out that because of better management and extra wells, the City's ability to produce is greater than it was in 1972. The charts do not take into consideration the possibility of extra water being obtained by a well on the sand spit, Whale Rock water, reclamation, or the Nacimiento water project; that is to say the depiction only covers conditions such as dry years, low rainfall, etc. Mr. Emanuel of John Carollo Engineers reviewed the rationing chart with the Council. Chart B, reviewed by Mr. Warden, showed the effects of rationing with limitations placed on building. The City presently has a 38 growth factor per year, that is 161 water equivalencies per year. Mr. Warden stated that in reviewing this situation, Staff had made the assumption that the City would continue to experience no rainfall. The program, therefore, is intended to provide thought as to means for the City to avoid over -extending itself if, for instance, the City had a good rainfall this year followed by several dry years. He feels that under these conditions, a slow -down in demand is the only way to avoid getting into a box if dry years prevail. This does not mean merely construction since, for example, during the summer time the City's population almost doubles and even during the winter time the are approximately 10,000 people in Morro Bay. This is due to the 0 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL January 24, 1977 tourist traffic, but it too places a demand on our water supplies. Variables such as Whale Rock water, sand spit water, reclamation, high rainfall, etc., have not been included because none of these can be depended upon and the City needs to be prepared for the worst situation in order to carry its present population through it. Mr. Warden recommended that the Council strive for a 20% or mandatory rationing program and give serious consideration to a program designed to avoid over -commitment of resources to the extent that rationing could not cope with the problem. Council members asked several questions and questions and comments were voiced by Mary Phillips, Mr. Frazier, Vern Correll, Jane Orvis, Jody Giannini, Mike DeNeve, and Lila Keiser. MOTION: Mayor Mitchell moved that Staff be directed to prepare and bring to the next meeting an emergency ordinance which would bring into effect the mandatory, 20% savings, rationing to be effective February 15, 1977, if low rainfall conditions continue..._*-The.motion was seconded by Councilman Rowland. Jane Orvis suggested limiting construction to 3% which is the City's growth rate average. Councilman Shelton mentioned an article which had appeared in the LA Times which states that the State can expect four dry rainfall years. He presented charts similar to the ones presented by Staff which examined a building moritorium and the possible effects on the City. His proposal was to begin curtailing building in 1977 by 50% of the City's average water equivalencies and 10% each year thereafter thereby phasing into a building moritorium. This would give the building industry time to get used to the situation. Councilman Rowland pointed out that the only way the City is going to get supplemental water is for the people to vote for a bond issue and Morro Bay cannot do it alone. It is left for the people of this City to convince other cities in this area that they, too, need this supplemental source of water. Councilman Rowland was opposed to a moritorium. Mayor Mitchell agreed stating that the building industry is being singled out for the cutback when the City's tourist popula- tion also has a great affect on water production. Councilman Pipitone pointed out all the businesses that would be affected by a moritorium. Further comments were heard by Mary Phillips and Ernie Reamer. Councilman Shelton -supported his.proposal.stating that he was taking a cause -effect approach to the situation. The motion was unanimously carried by roll call vote. RECESS 9:33 p.m. RECONVENED 9:47 p.m. Councilman Shelton suggested decreasing the building percentage to 1% and maintain that line within the safe water level. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 24, 1977 Page Five MOTION: Councilman Shelton moved that Council accept a 28 growth level starting with the 20% mandatory rationing. The motion died for lack of a second. MOTION: Councilman Shelton moved that pursuant to the recommendation made by Staff, Council set a growth level of 38 of density increase or water equivalencies increase throughout the period in which the mandatory water rationing is imposed. The motion died for lack of a second. Council members discussed the building impact on the water situation with Mayor Mitchell of the opinion that the Council should not single out one segment of the community to deal with this problem. Councilman Brown stated that he would like to see what affect the mandatory rationing program has on the situation. Councilman Shelton maintained that if the City does not control building, it will be in serious trouble by 1981 with the low rainfall that it has experienced and is expected to experience in the future. UNFINISHED BUSINESS C-1 Consideration of Sketch Plan continued Mayor Mitchell stated that the Council had met with the Planning Commission to determine why they had made certain recommendations with regard to the sketch Plan. He felt that the issues were narrowed down to three things; the density in the agricultural zones and City's sphere of influence, zoning of the P. G. & E. parcel, and whether or not to accept the consultants recommendation for a Tourist Commercial classification. Councilman Rowland suggested going through the items one by one and acting on each item separately. 1. Page 10 - NORTH MAIN STREET MOTION: Councilman Rowland moved that this section be left as the consultants wrote it. The motion was seconded by Councilman Brown and carried with Councilman Shelton voting no. 2. Page 10 - EAST ATASCADERO ROAD - no contention 3. Page 10 - VERY HIGH DENSITY RESIDENTIAL MOTION: Councilman Shelton moved that this section be left as the consultants wrote it. The motion was seconded by Councilman Brown and unanimously carried. 4. Page 11 - TOURIST COMMERCIAL CLASSIFICATION - Council members discussed this section with Councilman Shelton suggesting the a mixed use zone be created such as Commercial 1 which could be R-4 and Tourist and, Commercial 2 which could be service. Councilman Brown favored the Tourist Commercial Classification as suggested by the MINUTES - MORRRO BAY CITY COUNCIL Regular Meeting January 24, 1977 Page Six consultants however, he thought that the zone should go up to -Olive Street on Main Street. MOTION: Councilman Pipitone moved that Council accept the Tourist Commercial Classification as written by the consultants with the zone continued up Main Street to Olive. The motion was seconded by Councilman Brown -and carried with Councilman Shelton voting no. 5. Page 11 - MEDIUM DENSITY RESIDENTIAL EXPANSION MOTION: Councilman Brown moved that this section be accepted as written by the consultants. The motion was seconded by Councilman Pipitone and unanimously carried. 6. Page 11 - HEAVY INDUSTRY - There was considerable discussion on this matter with Council favoring a zone for the P. G. & E. parcel which would allow P. G. & E. to continue its present use as long as it remains, however, if the present use is ever discontinued, the City would like to have a handle on it so that it is rezoned to a lesser use. Mr. Warden stated that he had a feeling for the kind of definition wanted by Council and this would be written up and pre- sented for Council approval with the final plan. 7. Page 11 - PD - PLANNED DEVELOPMENT - There was discussion on this use with Councilman Shelton favoring an R-A designation. Mr. Ray Gallo argued in favor of the PD designation. MOTION: Councilman Brown moved that Council adopt the PD phase of the recommendation and set a residential low density of 0 to 4. The motion was seconded by Councilman Pipitone and carried with Councilman Shelton voting no. 8. Page 12 - INDUSTRIAL LAND USES - no contention 9. Page 12 - SERVICE COMMERCIAL MOTION: Councilman Rowland moved that Council accept this section as written by the consultants. The motion was seconded by Mayor Mitchell and carried with Councilman Shelton voting no. 10. Page 12 - RESIDENTIAL DENSITIES MOTION: Councilman Shelton moved that Council accept this section as written by the consultants. The motion was seconded by Councilman Rowland and unanimously carried. 11. Page 12 - AGRICULTURAL LANDS USE - Mr. Gallo requested that this property be zoned PD with a density restriction attached to the use. MOTION: Councilman Shelton moved that Council accept the recommendation of the Planning Commission to designate this area A-10. The motion died for lack of a second. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 24, 1977 Page Seven MOTION: Councilman Pipitone moved that the Agricultural Land Use designation be stricken from the Sketch Plan and that the designation for this area be PD, low density, residential 0 to 4. The motion was seconded by Councilman Brown and carried with Councilman Shelton voting no. MOTION: Councilman Shelton moved that Council accept the Planning Commission's recommendation on the area outside the City limits and designate it Agricultural A-10. The motion died for lack of a second. MOTION: Councilman Shelton moved that Council modify the Planning Comission's recommendation to designate the area outside the City limits as A-S. The motion died for lack of a second. MOTION: Mayor Mitchell moved that the same designation be given to the sphere of influence that was given to the area in the City, that is PD, residential 0 to 4. The motion was seconded by Councilman Pipitone and carried with Council- man Shelton voting no. 12. Page 13 - HARBOR RELATED LAND USES MOTION: Councilman Shelton moved that Council accept the consultant's recommendation on this section. The motion was seconded by Counclman-Brown and unanimously carried. 13. Page 13 - LAND USE INTENSITY CONSTRAINTS MOTION: Councilman Rowland moved that Council accept the Planning Commission's recommendations on this section. The motion was seconded by.Councilman Brown and carried with Councilman Shelton voting no. no. Mr. Warden asked Council not to finalize the figures with regard to densities in the agricultural areas until he has time to research the possibilities of water exchange and the benefits thereof. C-2 Consideration of City Water Advisory Committee - Mayor Mitchell MOTION: Mayor Mitchell moved that Council establish an official Water Advisory Committee to assist in bringing about a long term solution to Morro Bay's need for an adequate water supply and that the following persons be named to that committee: Jay Runner as chairman, Lila Keiser, Alan Tognazzini, Steve Semas, Grace Melton, Joe Ozmer, Mary Manfredo, Rod Pound, Paul Kelsay, Wayne Bickford and Ray Foster. The motion was seconded by Councilman Brown. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 24, 1977 Page Eight Mayor Mitchell stated that the purpose of the committee is to inform the public of the water situation and encourage people to actively seek a solution to the City's water problem. Councilman Shelton felt that the problem was not just a long term one but also needed to be examined for short-term purposes. Mayor Mitchell amended his motion to delete the words. "long-term". The amendment was accepted by Councilman Brown and the motion was unanimously . carried. C-3 Implementation of parking enforcement Mr. Warden stated that this tiem was presented to Council for information only and that the downtown parking enforcement program will begin January 25th. NEW BUSINESS D-1 Consideration of acquiring tax deeded property Mr. Warden explained that the City periodically receives in- formation with regard to property to be auctioned because of tax delinquency. Usually the property owner satisfies the tax lien before it is auctioned off, however, if they don't the City could get a chance to acquire it for a nominal fee. The property is located on the south side of Highway #41, slightly east of Ironwood Avenue and identified as Assessor's Parcel Number 68-371-02. Mr. Warden recommended that the City Council, by motion, indicate that it objects to the sale of the tax deeded property parcel number 68-371-02 and wishes to acquire this property by agreement to pur- chase for the minimum bid price, redemption fees and costs of advertising. MOTION: Councilman Brown moved that the City of Morro Bay express its intention to acquire the tax deeded property identified as parcel number 68-371-02 and that Staff be directed to proceed with the necessary agreement to acquire this property at the minimum tax deeded price. The motion was seconded by Councilman Pipitone and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Rowland reported on a recent meeting of the Central Coast Region of the Council on Criminal Justice. (2) Councilmen Brown and Pipitone reported on the League of California Cities Labor Relations -Institute in San Francisco. (3) Councilman Shelton reported that he had attended a CPRS Parks and Recreation meeting in Santa Barbara on Friday with the Recreation Director and some of the Parks and Recreation Commissioners. Mr. Braga had been elected chairman of the ograniza- tion for this year. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 24, 1977 Page Nine (4) Councilman Pipitone requested an executive session to discuss a personnel matter. E-2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden stated that the Staff was considering the possi- bility of moving the Public Works office from the Harbor Office to City owned property at the corner of Piney Way and Harbor Street. He wanted to inform Council that they were holding off renting the premises until this matter can be explored. ADJOURNMENT MOTION: Councilman Brown moved that the meeting adjourn to executive session to discuss a personnel matter. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting adjourned to executive session at 11:10 p.m. and returned to regular session at 11:26 p.m. MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting adjourned at 11:26 p.m. Recorded by: M. L. WARDEN, City Clerk By: rdithc����� Davis Deputy City Clerk 9 0 NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a joint meeting with the Planning Commission on Monday, January 17, 1977, at approxi- mately 8:00 p.m., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the Sketch Plan of the General Plan; at which said meeting any person interested may appear and express his views for, against or in modification of said Plan. DATED: January 7, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California AU By: M. L. WARDEN, City Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned.Regular Meeting January 17, 1977 8:00 p.m. Morro Bay Recreation Hall The meeting was called to order at 8:00 p.m. by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell and Planning Commissioners Baxter, Cantine, Greenelsh, Hofstead and Chairman Devlin. ABSENT: None Mayor Mitchell explained that the purpose for calling this joint meeting was to informally study and discuss the proposed Sketch Plan used to develop the Land Use Element of the General Plan. The Con- sultants, Owen Menard and Ron Smothers, were in attendance to answer or explain any questions. Mayor Mitchell stated that there were.three important issues about which the Council was concerned: 1. zoning as applied to the P. G. & E. Plant. 2. Density of.the present farmlands surrounding the community. 3. The Tourist Commercial Areas, a newly introduced zoning classification. A general discussion among the Councilmen, Commissioner and Con- sultants followed. Councilman Shelton was concerned about whether or not the Sketch Plan, the map, and the proposed zoning and changes that were submitted by the Consultants adequately reflect what the joint bodies want for Morro Bay. Commissioner Canti.ne stated that it was his impression that the reason for this joint meeting was that the Council had not received from the Planning Commission the rationale underlying their decisions. He, -therefore, presented each of the Councilmen and Commissioners with a copy of a table he had prepared projecting various density considerations within Morro Bay's urban reserve area. Councilman Pipitone felt that the purpose of the meeting was to discuss the Sketch Plan. The Council was confused as to the actions taken by the Planning Commission with regard to the P. G. & E. area, the tourist -commercial designation, and the density and use of the agriculture land. He did not feel it was necessary to begin over again, but wanted these three issues clarified. Councilman Rowland stated that she felt the first thing the Council and Planning Commission should decide was what they wanted to do within the City limits and then go into the reserve area. The area which is undeveloped within the City limits at this time is very important to the City. Councilman Brown explained that his reason for wanting the combined meeting was that the City had the Consultant draw up and present a Sketch Plan with proposed land use revisions and, since many of these revisions were not accepted by the Planning Commission, he wanted to know the Planning Commission's thoughts as to why items were deleted such as "very high density", "tourist commercial", etc. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting January 17, 1977 Page Two Mayor Mitchell suggested that the Consultant explain each of the land uses starting on Page 10 of the Sketch Plan. Mr. Smothers explained that the Consultants had recommended that North Main Street be expanded with multiple family and commercial designations. The Planning Commission voted to delete the words "has been expanded" and to strike out "a more sizable" to read "Creates an area within which both multiple family and commercial development are encouraged to occur. Commissioner Greenelsh stated that there wasn't a block in the area that didn't have single family residences abutting against commercial development with the result that there is no change or any expansion in depth. Mr. Menard explained that they were looking to the future with the new designations creating an incentive for removal of some of the older, substandard single family residences on small lots. He stated there must be depth and space to meet today's development standards. He explained that you must have depth if you are going to have development, otherwise you will end up with inadequate land- scaping and parking areas, etc. The original subdivision was created for a completely different plan than now existing. Further, the three lot deep strip development cannot adequately meet today's building requirements. The buildings were poor when they were built and they are poor today. Commissioner Devlin noted that implementing the proposed increased depth would create a more invalid zoning ordinance than now existing. What is being suggested will probably come about in the far distant future, but in.the meantime, the City has a completely invalid zoning ordinance. Mayor Mitchell pointed out that the puprose of this discussion was to develop the basis for revising our General Plan and not to write a zoning ordinance; that would come later. Mr. Menard explained that a Sketch Plan in an accumulation of ideas. He felt the Commissioners were talking "zoning" and the Consultants were talking "Sketch Plan". He was talking about ideas and the Commissioners were talking about actual zoning. Mr. Menard stated that the General Plan is not the end of the process, it is the beginning. Each item was then reviewed as follows: Item #3, page 10, "Very High Density Residential". Mr. Smothers stated that this proposal had been eliminated by the Commission. He stated that their purpose in recommending that this classification be eliminated was because the classification was designed to accommo- date multiple family units and motels, but it relates more to motels than apartments. He felt that some of the apartment developments that are occurring at maximum densities do not leave enough land to include the amenities and land treatments that apartments.should have. Commissioner Baxter stated that the Commission left this in only because of the high cost of housing. Whever a multiple family unit is built, the cost of land determines the rent structure. Right now, there are not enough rental units and, at the price of land, nothing is being built in the way of low cost housing. 6 • MINUTES - MORRO BAY CITY COUNCIL Adjouned Regular Meeting January 17, 1977 Page Three Mr. Menard explained that the citizens survey indicated that they did not want to see the height limits increased above two stories around the downtown, R-4 zone area. When high densities are allowed with low height limits, the lots become covered with buildings, car ports, driveways, etc., leaving no room for terraces, landscaping, patios or open space. If low heights are desired, then densities must be reduced. A discussion followed on the relationship of land values and density. Item #4, Page 11, "Tourist Commercial Classification". Mr. Smothers explained that the Planning Commission had eliminated this classification. The Consultants reasons for establishing this zone was to concentrate the tourist activity in a few spots so as to minimize the impact of tourist traffic on the community as a whole. The areas west of Atascadero Road, the downtown area, and the Embarca- dero are the prime tourist areas. Mr. Menard stated that they were trying to tie the Embarcadero, with its relatively high level of economic health, into the downtown area which needs a shot in the arm. If these two areas can be tied together, through design or zoning, then the opportunities for privately motivated revitalization of the downtown area will be enhanced. Also, by concentrating tourist impacts into a relatively small area, the positive economic effect from them can be realized without disturbing people in the residential areas. Commissioner Greenelsh stated that the Commissioners felt the present zoning classification to be adequate and this classification could be utilized as a "P.D." zone. Commissioner Baxter felt that the few blocks along Atascadero Road which are zoned "C-H" do not need.a reclassification. He felt the town was too small to have so many zones. Commissioner Cantine stated that if a "tourist classification" is adopted for the downtown area, without having a better definition of what is wanted, then this would be one more overall blanket classi- fication creating confusion. If there is a plan to marry the downtown business district with the Embarcadero, then it should not come under the "tourist classification". A discussion followed. RECESS 9:35 p.m. RECONVENED 9:50 p.m. Item #5, page 11, "Medium Density Residential Expansion". Mr. Smothers stated the Planning Commission had deleted this. He explained that the Consultants were recognizing existing residential densities in areas such as San Jacinto on the east side of the freeway, Atascadero Road and North Main Street. This category was an attempt to discourage a lot -by -lot type of development and result in more consolidation of lots and developments of medium density. It was felt that such development was more appropriate than jamming single family units in individual lots. Commissioner.Devlin felt they were playing with words. The neighborhood is about 90% developed, the development has happened within the last three to five years so they are relatively new houses. This classification would tend to start an area that is going to have MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting January 17, 1977 Page Four an invalid zone for the next twenty-five years. Mr. Menard pointed out they were not talking "zoning", they were talking "land use". Commissioner Devlin stated that one of the problems the Planning Commission has encountered was clarification of terms. A discussion followed regarding the term "medium density" Item #6, page 11, "Heavy Industry". Mr. Menard stated that they were looking to the future if and when the removal of P. G. & E. occurs. Heavy zoning would not be compatible with that land, but they felt light industry would be. Christina Berquist, Land Use Planner with P. G. & E., spoke from the audience requesting that the City Council and Planning Commission keep the Morro Bay Power Plant existing zone since the present "M-2, S-9" designation requires review for anything they do. She felt a P.D. Zone placed on the plan would require a Use Permit and this would unnecessarily encumber the operations of P. G. & E. She stated that if in the future P. G. & E. should vacate this property, then that would be the time to start changing the zoning. A discussion on inverse condemnation followed. Item 9, page 12, "Service Commercial". Mr. Menard stated that this was not a critical designation but was intended to accommodate existing industry, bascially along Quintana Road, such as small fishing boat construction, etc. Commissioner Baxter stated that the Planning Commission was trying to eliminate a "one block of this and one block of that" zoning approach by keeping this all under one designation. Item 10, page 12, "Residential Densities!'. Mr. Smothers stated . that they are recommending a number of density reductions as shown in the table on Page 12 of the Sketch Plan. The Consultants were recommending a low density around the outside of the City; low -medium relating to the existing single family neighborhoods; and high density to be applied around the downtown area. The Planning Commission proposes to retain the existing designations. Commissioner Baxter stated again they were talking about the price of houses. By reducing the densities,...the price of land is increased. Item 11, page 12, "Agricultural Land Use". Mr. Smothers stated that the area needs to be evaluated to preserve it in its agricul- tural state. The Planning Commission recommended categorically one unit per ten acres. Commissioner Cantine stated that he felt the agricultural land use hinged on the Policy Goals Committee's statement. He did.not think it was necessarily the proper one for a portion on Morro Creek. He similarly did not feel the P.D. classification and the value set on the portions south of the agricultural land of Morro Creek as shown as reserve area was appropriate and, as far as,he,•_.,. :, was concerned, it was a bad decision both ways. MINUTES - MORRO BAY CTIY COUNCIL Adjourned Regular Meeting January 17, 1977 Page Five Mayor Mitchell pointed out that the Goals Committee was talking about prime agricultural land and stated as far as economics are con- cerned, past testimony has indicated that the "prime agricultural" use is not economically feasible. Mr. Ray Gallo, representing Domenghini Trust, spoke from the audience stating that economically this area is not prime agricul- tural land. He explained that there are commercial concepts developed by Cabrillo Enterprises for areas along Morro Creek road. He also pointed out that on the Domenghini Trust property, the Planning Commission had already accepted it as a subdivision for low density, cluster -type development on thirty-three acres within the City limits. This has been rezoned to R-A, S-3 and is being subdivided. He urged the Council and the Commission to consider the uses already existing on these lands. Item #12, page 13, "Harbor Related Land Uses". Mr. Smothers stated that this classfication was to not only identify the land along the Embarcadero and the need for development compatible with fishing and related water uses, but also to design something that would encourage compatibility with the Coastal Plan in a special land use classification. Mayor Mitchell pointed out that the Coastal Commission would require this also. Commissioner Baxter stated again that they are talking about the problem of having too many different area zones. He did not feel the City needed so many different zones if a P.D. Zone would accomplish the same thing. Mayor Mitchell stated he felt the City and people would be better off knowing what can be done with the land rather than saying what might be allowed in a P.D. Zone. ADJOURNMENT Mayor Mitchell adjourned the meeting to the next regular Council meeting of January 24, 1977. The meeting adjourned at 10:55 p.m. Recorded by: M. L. WARDEN, City Clerk By". Nellie C. Cecil Secretary ! 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, January 10, 1977, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the vacation of a...portion of.Easement No. 133 across Lot 1, Block 20, Morro Del Mar Subdivision No. 2, Morro Bay, California, as shown on Exhibit "A"; at which said hearing any person interested may appear and express his views for, against, or in modification of the proposed easement vacation. DATED: December 26, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California 1 By: . W EN, C� City Jerk 0 • CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL January 10, 1977 Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR A-1 Minutes of the regular meeting of December 27, 1976 A-2 Minutes of the executive meeting of December 27, 1976 A-3 Minutes of the special meeting of December 28, 1976 A-4 Expenditure Report, 12-16-76 to 12-31-76 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 Request for street light at 570 Dunes Street (RECOMMEND REQUEST BE DENIED) A-7 Award bid for 1977 supply of chlorine (RECOMMEND BID BE AWARDED TO COASTAL AG-CHEM) HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing and adoption of Resolution No. 1-77 for abandoning:a portion of Easement No. 133 across Lot 1, Block 20, Morro Del Mar Subdivision No. 2 B-2 Report by City Administrator on water situation UNFINISHED BUSINESS C-1 Resolution No. 2-77 adopting the Housing Element of the City General Plan C-2 Consideration of Area Planning Council request for S8325 funds NEW BUSINESS D-1 Resolution No. 3-77 approving assignment of Lease Sites No. 30W, 31W, 32W, and 33W from Union Oil Company of California to Morro Bay Fisherman's Co -Op INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES MORRO BAY CITY COUNCIL Regular Meeting January 10, 1977 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance.' Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of December 27, 1976 A-2 Minutes of the executive meeting of December 27, 1976 A-3 Minutes of the special meeting of December 28, 1976 A-4 Expenditure Report, 12-16-76 to 12-31-76 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 Request for street light at 570 Dunes Street (RECOMMEND REQUEST BE DENIED) A-7 Award bid for 1977 supply of chlorine (RECOMMEND BID BE AWARDED TO COASTAL AG-CHEM) Mayor Mitchell reviewed all items on the Consent Calendar.. Under items of correspondence were a letter from the San Luis Obispo County Symphony Association thanking the City for their support of $500; a resolution from the City of Palm Desert,,the City of South E1 Monte, and the City of Compton opposing the redistribution of sales tax revenues on the basis of population; and a letter from Wendell Wheeler opposing the closing of the road through the golf course. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-7, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing and adoption of Resolution No. 1-77 for abandoning a portion of Easement No. 133 across Lot 1, Block 20, Morro Del Mar Subdivision No. 2 Mr. Warden advised the Council that they had previously considered this matter and the formal resolution to effectuate the abandonment is now before them. The abandonment involves a ten foot easement in the area of the Elena Street water tanks at 690 Elena Street which has been requested by Ms. Hofstead to enable her to make improvements to her garage. She has agreed to pay for the relocation of the sewer main at this location. Mayor Mitchell declared the meeting open to public hearing at 7:35 p.m. and asked for comments with regard to this abandonment. As there were no comments, the hearing was closed at 7:36 p.m. and referred to Council. MOTION: Councilman Brown moved that Resolution No. 1-77 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. • n MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL January 10, 1977 Mr. Warden read Resolution No. 1-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No, 1-77. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. B-2 Report by City Administrator on the water situation Mr. Warden informed the Council that the City had,received to date 8.95" of rain as opposed to last year's total of 7.3" for the entire year. The average rainfall for the period 1967 to 1975 has been 6.4" per year. He stated that three to four more inches will give the City static levels for its wells. Mr. Warden discussed measures.which could be used to alleviate the problem of water shortage. He reminded the Council that with the voluntary water conservation measures used last summer, the City conserved about 10% of its normal production and that if mandatory water rationing were initiated, perhaps larger savings could be achieved. With regard to the reclamation project, Mr. Warden wished to correct the impressions some people had that the farmers were blocking the project by not agreeing to use the reclaimed water. He stated that the farmers have some ligitimate concerns and since the agree- ments call for a ten year commitment, careful thought by the farmers is necessary. The present static levels of the wells are, Chorro - within five feet of the normal level and, Morro - within eight feet of the normal level. With regard to equalizing the basins, Mr. Warden stated that the City has undergone some plumbing changes in the water system which allows use of the Morro Basin water in parts of the southern section of town. The City was unable to do this during the last water shortage. This capability is useful in that when one basin drops, the other one can be brought in production thereby maintaining similar levels. It was noted that the anticipated savings under a mandatory water rationing program might be in the order of 20% of average pro- duction. Councilman Shelton asked how many water equivalencies have been added to the City since 1972. Mr. Warden explained that a water equivalency is measured on the basis of how much water an average family residence uses in a month. Since 1972, approximately an average of 110 water equivalencies per year have been added. Council members discussed a letter from Mr. & Mrs. Bailey with regard to the water situation and advocating control on building construction. Their supporting comment referenced a Carollo Engineers report made two or three years ago. Mr. Warden stated that this information needs to be updated and he has requested Carollo Engineers to do so. Councilman Pipitone stated that he was against any type of building moritorium and felt that the report presented tonight by the City Administrator did not warrant this drastic step. Mayor Mitchell and Councilman Rowland agreed. Mayor Mitchell felt that MINUTES - MORRO Regular Meeting Page 'Three BAY CITY COUNCIL January 10,. 1977 there was a lot the City could do before enforcing a moritorium on building. Mr. Don Bailey stated that he was not opposing growth, only encouraging selective growth. He felt people who had lots and wished to build single family residences on them should be allowed to do so, however, the multiple family dwellings should be discouraged. He felt that the citizens of this City should not be forced to ration water every year while additional people continue to come to Morro Bay. Mr. Warden pointed out that multiple dwelling units use less water per dwelling unit than single family residences. This may be attributed to the minimal amount of landscaping needed for multiple dwellings. Mr. Bailey stated that while this may be true, there can be several families on a lot while a single family residence would only have one family living in it. Jane Orvis felt the Council should do something now and look ahead instead of using their wait -and -see attitude. There was considerable discussion regarding moritoriums, conser- vation measures and rationing. Mayor Mitchell stated that he would like to see the updated figures from Carollo Engineers before taking any action on this matter and asked that it be continued to the next regular meeting of the Council. Council members agreed. RECESS 8:49 p.m. RECONVENED 9:05 p.m. UNFINISHED BUSINESS C-1 Resolution No. 2-77 adopting the Housing Element of the City General Plan Mr. Warden stated that this resolution formalizes the adoption of the Housing Element which incorporates those changes adopted by Council at a previous meeting. MOTION: Councilman Brown moved that Resolution No. 2-77 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 2-77 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 2-77. The motion was seconded by Councilman Rowland and unanimously carried. C-2 Consideration of Area Planning Council request for SB325 funds Mr. Warden advised the Council that he was in receipt of corres- pondence from the Area Planning Council requesting $449.22 to support the senior citizens vans in the County. He reminded the Council that they had appropriate $1250 in the current budget to support senior van services in this city. He recommended that he be directed to explain this to the Area Council and that -the Council deny the request for $449.22 since the City is already supporting its senior citizens van. MOTION: Councilman Brown moved that.the request of the Area Council be denied and an explanation sent MINUTE$ - MORRO BAY CITY COUNCIL Regular Meeting January 10, 1977 Page Four to the Area Council that'the City of Morro Bay is already supporting its senior citizens van. The motion was seconded by Councilman Shelton and unanimously carried. NEW BUSINESS D-1 Resolution No. 3-77 approving assignment of Lease Sites No. 30W, 31W, 32W, and 33W from Union Oil Company of California to Morro Bay Fisherman's Co -Op Mayor Mitchell stated that he would turn the meeting over to Councilman Brown as he has a conflict of interests in this matter because his firm represents the assignees. Mr. Warden stated that the resolution presented is a normal procedure for assigning lease sites. He wished to commend the fisher- men of Morro Bay for taking this interest in their livelihood by investing in a joint venture to assure that this lease site remained as docking facilities for fishermen. Mr. Warden requested that Council amend the name of the assignees in the documents from Morro Bay Fisherman's Co -Op, a general partnership, to Morro Bay Fuel Dock, Inc., a California corporation. MOTION: Councilman Pipitone moved that Resolution No. 3-77 be read by title only. The motion was seconded by Councilman Brown and carried with Mayor Mitchell abstaining. Mr. Warden read Resolution No. 3-77 by title only amending the name:of the assignees to Morro Bay Fuel Dock, Inc., a California corporation. MOTION: Councilman Shelton moved for the adoption of Resolution No. 3-77 as amended. The motion was seconded by Councilman Pipitone and carried with Mayor Mitchell abstaining. Councilman Brown turned the meeting back to Mayor Mitchell. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Shelton stated that there has been a continua- tion of oil on the beach and requested that the Coast Guard again be asked to check into the source of these deposits. (2) Councilman Brown stated that the next Channel Counties Division meeting of the League of California Cities will be on February 25, 1977, in San Luis Obispo. (3) Mayor Mitchell stated that he had not received additional names for committee members to the proposed Water Advisory Committee and requested Mr. Warden to schedule this.matter as an agenda item for the next meeting. E-2 City Attorney Mr. LeSage had nothing to report at this time. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 10,,1977 Page Five E-3 City Administrator (1) Mr. Warden requested an executive session to discuss personnel matters. (2) Mr. Warden asked Council to adjourn tonight's meeting to Monday, January 17, 1977, at 8:00 p.m. in the Recreation Hall to meet with the Planning Commission to discuss the Sketch Plan. ADJOURNMENT MOTION: Councilman Brown moved that the meeting adjourn to executive session to discuss personnel. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned to executive session at 9:17 p.m. and returned to regular session at 9:47 p.m. MOTION: Councilman Brown moved that the number one applicant for Fire Chief be appointed at the top step of the salary range. The motion was seconded by Councilman Pipitone and unanimously carried. There was discussion on the motion. The motion failed on the following roll call vote: AYES: Councilmen Brown and Pipitone NOES: Councilmen Rowland, Shelton and Mayor Mitchell MOTION: Councilman Pipitone moved that the City do away with the range schedule and negotiate one salary range for all department heads. time. Mayor Mitchell stated that that motion was not in order at this MOTION: Mayor Mitchell moved that Council offer the position of Fire Chief to Mr. William Lane at Step 4 of the salary schedule and six month probationary period. The motion was seconded by Councilman Rowland. There was further discussion on the motion. The motion was carried on the following roll call vote: AYES: Councilmen Brown, Roierland, Shelton and Mayor Mitchell. NOES: Councilman Pipitone. MOTION: Councilman Brown moved that the meeting be adjourned to Monday, January 17, 1977, at 8:00 p.m. in the Recreation Hall for a joint meeting with the Planning Commission on the Sketch Plan. The motion was seconded by Councilman Pipitone and unanimously carried. 9 MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL January 10, 1977 The meeting adjourned at 9:48 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk t NOTICE OF ADJOURNED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an adjourned regular meeting on Saturday, January 8, 1977, at 9:00 a.m. in.the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider applicants for Fire Chief. DATED: January 6, 1977 DALE C. MITCHELL, Mayor City of Morro Bay, California B . L. WARDEN, City Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting January 8, 1977 9:45 a.m. City Hall Conference Room The meeting was called to order at 9:47 a.m. by Mayor Mitchell. PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None Mayor Mitchell noted that this meeting was called for the pur- pose of interviewing applicants for the position of Fire Chief. MOTION: Councilman Brown moved that the meeting adjourn to executive session to consider applicants for Fire Chief. The motion was seconded by Councilman Pipitone and unani- mously carried. The meeting adjourned to executive session at 9:47 a.m. and returned to regular session at 5:00 p.m. The City Administrator was directed to investigate the back- ground of the three final applicants selected in order of priority: (1) William Lane, (2) Bernard Zerr; and (3) Robert Davis; and, if no adverse comments were received, to offer the job to the individual at the highest priority. MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Council- man Shelton and unanimously carried. The meeting adjourned at 5:05 p.m. Recorded by: M. L. WARDEN, City Clerk