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Home My WebLink AboutJanuary to December (2)CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL DECEMBER 11, 1978, 7:30 P.M. MORRO BAY RECREATION HALL Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR 1. Expenditure Report November 1, 1978 through November 30, 1978. (RECOMMEND APPROVAL) 2. Minutes of the November 13, 1978, Regular Meeting 3. Minutes of the November 15, 1978, Study_ Session 4. Minutes of the November 27, 1978_ Regular.Meeting 5. Minutes of the November 27, 1978, Executive Session 6. Resolution No. 923 of the Carpinteria City Council estab- lishing opposition to lack of State of California's concern for impact of State mandated costs. (RECEIVE AND FILE). B. HEARINGS, APPEARANCES, AND REPORTS 1. Consideration of adopting City song for Morro Bay, Fletcher Peck will present song. 2. Appeal of Planning Commission decision (a) allowing the Franchise Realty Interstate Corporation (McDonalds) to con- struct a fast-food, drive-in restaurant at 920 Morro Bay Boulevard, John Rolston, et al, Appealant, and (b) Appeal of conditions relative to funding of traffic control measures at Morro Bay Boulevard and Quintana Road, Franchise Realty Interstate Corporation, Appealant. C. UNFINISHED BUSINESS 1. Request to amend a sentence on the addendum to lease for i Regal Seafood Company (Howard Low). 2. Consideration of amending Resolution No. 30-74, Sections "E" and "G" dealing with rate changes_and change in penalty fees relative to City slips aria tfie_T-Pier. (Continued from November 27, 1978 City Council meeting.) D. NEW BUSINESS 1. Consideration of readvertisement for bids for duplex pump unit for trickling filter No. 1 Morro Bay-Cayucos Wastewater Treatment Plant. 2. Consideration of bids for a one -ton maintenance truck, Bid No. 10-78. 3. Consideration of bid for well no. 11--project no. PW77-017-36. 4. Consideration of Resolution No. 70-78 designating seven through streets and authorizing erection of stop signs. 5. Consideration of Resolution No. 72-78 designating streets and speed limits to be enforced by radar. 6. Request by James P. Eddy (Eddy Machine Shop) to assign his leasehold interest in lease sites nos. 90 and 90W to Arthur William Doney and Phillip John Barron. (Resolution No. 68-78.) 7. Request by Golden Tee Motel, Inc. to assign a portion of lease site no. 27W to Bernard C. Aitchison and Young Hi Aitchison. (Resolution No. 71-78.) •AGENDA - MORRO BA., C_TY COUNCIL to DECEMBER_11, 1978 PAGE 2 D.. NEW BUSINESS (CONTINUED) 8. Request by Paul K. Meyer that an addendum to lease agree- ment for lease site no. 37W be permitted to extend lease. (Resolution No. 69-78.) 9. Request for approval for direct purchase of pump for the Sewage Treatment Plant. ($3,365.10) E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 11, 1978, 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Shelton with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL Present: Councilmen Cantine, Harmon, Reasor, Rosenberg, and Mayor Shelton Absent: None STAFF PRESENT Carl Thornton,. City Administrator Mike I.eSage, City Attorney John Bressran, Public works Director Bill George, Building Inspector Elizabeth Penny, Deputy City Clerk PUBLIC COMMENT No public comments were offered. A. CONSENT CALENDAR 1. Expenditure Report November 1, 1978 through November 30, 1978. (RECOMMEND APPROVAL) 2. Minutes of the November 13, 1978, Regular Meeting 3. Minutes of the November 15, 1978, Study Session 4. Minutes of the November 27, 1978 Regular Meeting 5. Minutes of the November 27, 1978, Executive Session 6. Resolution No. 923 of the Carpinteria City Council estab- lishing opposition to lack of State of California's concern for impact of State mandated costs. (RECEIVE AND FILE) Mayor Shelton reviewed all items on the Consent Calendar and requested that item A-2 be pulled for correction. The City Council concurred with this request. MOTION: Councilman Reasor moved that Consent Calendar items A-1, A-3 through A-6 be approved. The motion was seconded by Councilman Harmon and unanimously carried by roll call vote. A-2 Minutes of the November 13, 1978, Regular Meeting Mayor Shelton corrected Mr. Goldsborough's comment -to read: "Mr. Goldsborough stated on Atascadero Road there is a problem..." MOTION: Mayor Shelton moved that Consent Calendar item A-2 be approved as amended. The motion was seconded by Councilman Harmon and unanimously carried by roll call vote. B. HEARINGS, APPEARANCES, AND REPORTS B-1 Consideration of adopting City song for Morro Bay, Fletcher Peck will present song. Mayor Shelton advised the City Council that Mr. Peck had been called out-of-town and would not be able to present the proposed City song. Therefore, the City Council deferred the item to a subsequent Council meeting. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, December 11, 1978 PAGE TWO B-2 Appeal of Planning Commission decision (a) allowing th.e Franchise Realty Interstate Corporation (McDonalds) to construct a fast- food, drive-in restaurant at 920 Morro Bay Boulevard, John Rolston, et al, Appealant, and (b) appeal of conditions relative to funding of traffic control measures at Morro Bay Boulevard and Quintana Road, Franchise Realty Interstate Corporation, Appealant. . Mayor Shelton reviewed the two appeals with the Council and re- quested that Mr. Rolston present his appeal first, and then the Franchise Realty Interstate Corporation present their appeal. The City Council concurred. Mr.'Rolston read his letter of appeal dated November 28, 1978, into the record and noted that ten neighbors in the surrounding area had also signed the letter. The letter stated opposition to allowing McDonalds to construct their restaurant at 920 Morro Bay Boulevard noting site unacceptable because of traffic problems. Vance Powell, Real Estate Representative for McDonalds, requested John Bressan, Public Works Director, present his evaluation of the traffic problems as sited in Mr. Rolston's appeal. The City Council denied the request and asked that the Franchise Realty Interstate Corporation present their appeal to the'Council. Bob Farris, Private Consultant --Registered Traffic Engineer, pre- -sehted the following information to the -City Council: 1. Reviewed the site plan, proposed location of McDonald's, outlined how traffic would merge with entrance and exit; and he reviewed the presentation he made to the Planning Commission. 2. Mr. Farris stated he had collected information from Cal - Trans and the managers of the McDonalds in Atascadero and Goleta (these city's population being similar to Morro Bay s) to give them an idea of traffic patterns; e.g., numi,;_, ber of cars using counter service and drive -up window; stack space used, number of employee and customer parking spaces utilized, deliveries, etc. 3. He reviewed the peak hour trip generation of traffic for McDonalds (between 11:00 a.m. and 2:00 p.m.) noting the traffic patterns that result on Quintana Road and Morro Bay Boulevard. 4. He reviewed the Traffic Engineer's Design Standards with the Council and noted the proposed.improvements (stop signs and traffic signals) are at a level of "B" and most cities design for level "C". 5. Reviewed the traffic accidents that had occurredat the Quintana Road and Morro Bay Boulevard intersection and noted that future accidents could be prevented with the installa- tion of a traffic signal. 6. Mr. Farris reviewed both the interim plan and the ultimate plan with the Council. 7. He then reviewed the through and left -turn vehicles chart (includes projected trips generated because of McDonalds) with the Council. 9 MINUTES - MORRO Regular Meeting, PAGE THREE BAY CITY COUNCIL December 11, 1979 John Bressan, Public Works Director, responded to Mr. Farris' report in the following manner: 1. He stated that any traffic generated at the Quintana Road and Morro Bay Boulevard intersection will cause some problems. 2. A left turn is the most hazardous type of vehicular move- ment that can occur. 3. With the addition of a raised median strip along Morro Bay Boulevard, this will restrict access to the Mobil Station, Trailer Park, Beacon Station, and 7-11. 4. The proposed location of McDonald's exit is too close to the intersection. 5. The interim plan is only acceptable if the ultimate plan is accepted too. 11 6. Traffic -actuated signals will prove a level of "A" or "B" service and will also restore street access to Mobil Station, Trailer, Park,,Beacon Station, and 7-11. 7. Mr. Bressan stated he did not feel the proposed location for McDonalds is the best site, but is workable. 8. Staff recommended strongly against the adoption of the interim plan and recommended the City Council adopt only the ultimate plan. Mr. Bressan then reviewed his staff report with the Council noting his evaluation of the traffic problems sited in the letter of appeal from John Rolston. Mr. Bressan covered the areas of street realignment and modification, traffic control measures, conjestion:f confusion resulting from freeway -off -ramps, etc. The City Council expressed concerns to Mr. Bressan about (1) left - turn exit onto Morro Bay Boulevard from McDonalds, (2) the width and length of the left -turn lanes, (3) if streets were realigned, would this require securing property from private ownership, (4) How McDonalds would impact Circulation Element, and (5) if proposed site for McDonalds remained vacant, how long would it be before Morro Bay City began doing improvements at this location. Mr. Bressan responded to Council's concerns in the following manner: (1) regarding left -turn lanes onto Morro Bay Boulevard, he stated the safest method is to have a barrier placed on Morro Bay Boulevard causing traffic to make a U-turn, (2) the width of the left -turn lane would be about a 12-foot minimum and the length would be approximately 120 feet, (3) private property for realignment of streets would come from the Union Station, (4) cannot respond to impact on Circulation Element with- out studying it in that respect, and (5) the proposed location of McDonalds as far as improvements made by the City in that area, is last on the Capital Improvements list. Mr. Bressan also addressed the ulti- mate plan from an economic standpoint. Mayor Shelton opened the public hearing. Jack Coslin stated he is concerned that only one traffic count was done and it was completed in the slowest month, October. Mr` Scovell expressed concern in the area of<traffic that would be (penerated,iiith the addition of McDonalds;on Morro Bay,Boulevard. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, December 11, 1979 PAGE FOUR Esther aSoueffI stated the installation it easier for people coming from Los Osos to using the route of the golf course. of a signal would make Morro Bay rather than Mr.$oueff' asked if McDonalds had gone before the Coastal Commission and if any suggestions for signing had been made. Bill George, Building Inspector, stated McDonalds applied for a 50-foot sign, but was denied the request. Robert Bonds expressed his concerns in the area of traffic coming from off-ramp-'ito Morro Bay, the location of the proposed McDonalds being one of the worst in terms of traffic generated in that area, concerned about the future for his children's sake, the realignment of Quintana, and when the hills in the area are developed this will also cause additional traffic to travel Morro Bay Boulevard. Peter Diffley stated that he agreed with Mr. Bond's comments and that he does not' -support the negative declaration given by the Planning Commission, e.g., noise, hours that McDonalds would be open because of.its location near a residential area, odor from restaurant, etc. should have been addressed. Mr.'Sou_e£f asked why an Environmental Impact Report was not re- quired. Bill George stated the Planning Commission felt the only impact on the environment related to the street problem, which could be miti- gated. As far as the water and sewer problems are concerned, McDonalds would be given the same consideration as any developer, "they will have to wait their turn", therefore, there is no problem. Mr. Diffley expressed his feeling concerning the left -turn lane as it may discourage people from going downtown because of the "hassle" involved. Elizabeth Fisher stated she is concerned for pedestrians walking on the sidewalk and bicyclists. Mr. Bressan stated that pedestrians will not be a problem in the safe zone on the sidewalk or the crosswalk area. however, bicyclists will have to be more careful and motorists will have to watch out for them --the area would be more conjested with McDonalds. Mr. Rolston stated he feels that pedestrians will be a problem, because the youth in Morro Bay (high school age) do not respect the traffic signals --they cross arbitrarily. Mr. Bressan stated the City cannot approach a traffic problem from an illegal -jaywalker standpoint. Mr. Bonds expressed concern with the sunlight reflecting off of the signal lights. Mr. Bressan stated special type of signal heads are required by law and glare shields also help this situation, therefore, he does not foresee a problem. Bruce Risley stated he agrees with comments made by Mr. Bonds, Ms. Fisher, and Mr. Diffley" He expressed concern about.,not wanting Morro Bay to look like every, other City and that he would prefer for it to be _remembered as a'different type of community_ Mr. Risley y MINUTES - MORRO Regular Meeting, PAGE FIVE BAY CITY COUNCIL December 11, 1979 also stated he does not support the Planning Commission's decision not to require an Environmental Impact Report or the Commission's recom- mendation to the Council that they consider participating in the cost of rectifying the traffic problems via taxpayer's money. Mr. Ferris stated he does not feel McDonalds will have any im- pact on the businesses in Morro Bay. Mr. Palmer stated the Council must consider what Morro Bay's atmosphere will be,--four-lan_e divided -streets or maintain the village - type of atmosphere. --" Mr. DeSomer stated he felt that highly -sophisticated traffic devices are out -of -line for the Morro Bay area. The City Council discussed receiving the supporting information for McDonalds which consisted of the traffic analysis and architec- ture information the night of the Council meeting. The Council determined, however., with the presentations made and the public testimony given, thatrthey__,hdd"`sufficierit';information to make a Mc determination concerning Donaids. `` Councilman Cantine stated he could not see any justification for the City to participate in any of the cost to rectify the traffic problems that would result on Quintana Road and Morro Bay Boulevard with the addition of McDonalds; there are other areas in the City that need attention via the Capital Improvement Program and the Morro Bay Boulevard/Quintana Road intersection does not have any traffic problems now (without McDonalds); and finally, that he could support McDonalds building a restaurant within the City in a more appropriate location and under the right circumstances. Councilman Reasor stated he supports McDonalds Restaurant building in Morro Bay,but questioned whether McDonalds would be new tax or a tax shift; the number of vehicles that would be generated with addition of McDonalds is the main issue, and that he felt an ,Environmental Impact Report should have been done. Councilman Harmon stated he felt an Environmental Impact Report should have been done, there will be traffic destinations in the future and the trend for the area is that the traffic will increase -- not decrease because land in the area is zoned for service (commercial); the Council must look at the impact on that particular site and there are a'lot_kof problems generated by the various configurations of traffic patterns that have been shown tonight; therefore, Councilman Harmon stated he could not support McDonalds at the proposed site. Councilman Rosenberg stated he agreed with the other Councilmen, cannot see any justification for City to participate in cost of traf- fic control devices, would like to see a McDonalds Restaurant in Morro Bay at appropriate location, concerned about left -turn from McDonalds to Morro Bay Boulevard --it will hurt other businesses from an access standpoint and will also be dangerous. Mayor Shelton stated he had some reservations about McDonalds because of the following: (1) the Council has told McDonalds they want them in Morro Bay, however, he questioned whether there is any place in Morro Bay where the City would not be faced with a similar situation; (2) staff says we can mitigate the traffic problems which have been presented to the Council in the proposal, and an appeal has been made which suggests (to Mayor Shelton) that McDonalds incur the expense involved for the realignment of Quintana Road, signing, lighting, and marking the area if the Council allows MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, December 11, 1978 PAGE SIX McDonalds to build at the proposed location; (3) if McDonalds was permitted to build in proposed location and incurred the expenses for resolving the traffic problems, Mayor Shelton felt this would solve problems and not create problems; (4) need to review the increase of the. traffic counts, and how they relate to the Circu- lation Element, this would help the Council to know what can be expected from the Quintana Road/Morro Bay Boulevard intersection; and (5) the Public Works Director has indicated this area is not a priority item because of other more pressing problems in the community. This does not suggest that it is not a problem --only that there are more important areas. Any placement of this type of use in Morro Bay will bring the Council back to the same type of analysis.and making a determination as to resolution of the problem. MOTION: Councilman Cantine moved the appealant's protest (John Rolston et al) against granting of the permit to con- struct the McDonalds Restaurant at Morro Bay Boulevard and Quintana Road be supported, and the requested permit be denied subject to the following findings: (1) A McDonalds Restaurant will generate significant additional traffic which will result in requiring realignment of the intersection and installation of a traffic signal where one is not currently required, nor projected in the reasonable future. (2) it would*•be inappropriate fo'rrthe City of Morro' Bay to -contribute financing to the development " at the expense of other needed capital improvements. (3) That the proposed improvements will create a short section of five -lane street which would. then have to transition to a two-lane street. This configuration would not be considered in the best engineering practice, nor would it be in conformance with the desired aesthetics for a major entrance to the City of Morro Bay. (4) With the proposed intersection and signal improve- ments it is believed the intersection will still present critical traffic problems in that: (a) Traffic exiting the site and traveling west will encounter four conflict points, each with the potential of causing an accident. (b) Westbound traffic wishing to enter the site will encounter at least two conflict points, in addi- tion, may experience times when storage in the "two-way, left -turn" lane will be inadequate causing cued vehicles to back-up into the through lanes. (c) At peak traffic times there would be inadequate storage for left -turning vehicles onto northbound Quintana Road, thereby, causing vehicles to back-up into the designated through lanes. MINUTES - MORRO Regular Meeting, PAGE SEVEN BAY CITY COUNCIL December 11, 1978 (5) The City Council feels there are other suitable building sites for this purpose•in the City and thereby will not create extreme hardship on the developer by this action. The motion was seconded by Councilman Harmon and unanimously carried by roll call vote. BREAK: 10:15 p.m. RECONVENED: 10:25 p.m. C. UNFINISHED BUSINESS C-1 Request to amend a sentence`n the addendum to lease for Regal Seafood Company (Howard Low). Mr. Thornton reviewed the staff report with the City Council noting the Addendum to the Lease Agreement that the Council had approved at their previous meeting stated the pier., restrooms, and shower facilities would be open for public use. Mr. Thornton stated he did not feel this was the intent of the Council and certainly was not that of the owners --the intent being that the pier is open to the public and not the showers and restroom facilities. MOTION: Mayor Shelton moved the Council delete the last sentence from numbered paragraph one which reads: "It is further agreed that the pier, restrooms and shower facilities will be open for public use during the term of this lease." and insert "It is further agreed that the pier will be open for public use and that the restrooms and shower facilities will be open to commercial fishermen for the term of this lease." The motion was seconded by Councilman Harmon and unanimously carried by roll call vote. C-2 Consideration of amending Resolution No. 30-74, Sections "E" and "G" dealing with rate changes and change in penalty fees relative to City slips and the T-Pier. (Continued from November 27, 1978 City Council meeting.) Mr. Bressan reviewed the staff report with the Council and the meeting he had with representatives of the fishing fleet noting that general approval was given by these representatives for changes in fee schedules pertaining to City ;slips and the T-Pier, deletion of penalty charges for excessive dockage time at the T-Pier, annual re- newal dates, increased cooperation on the part of the City, solution of problems for fishing fleet, increased maintenance and operation improvements of harbor, and reinstitution of Harbor Advisory Committee. Paul Soueff stated there has been no upkeep on dock for seven to ten years and questioned what happened to the Harbor Trust Fund that was to be used for dock upkeep. Mayor Shelton stated Mr. Soueff could review the City's audit report concerning the money in the Harbor Trust Fund. Mr. Bressan reviewed the assessment he had done concerning the dollar breakdown of monies spent on the fishing fleet, e.g., extra water taps, parking spaces with 20 minute loading zones at the top of dock, maintaining the docks, etc. Mr. Norman LaVine stated he supports the staff -recommended changes, feels they are more than reasonable, and that the navigational lights at the harbor have been improved. MINUTES - `MORRO BAY CITY COUNCIL Regular Meeting, December 11, 1978 PAGE EIGHT Mrs. Soueff stated there are no lights on the docks at night, nor in the parking lots, no locked gate to keep people out, people run up and down docks, equipment is stolen, etc. Mayor Shelton stated he felt increasing fees,:_ -supports staff's with fishermen, and would like to to the City. there is ample justification for recommendation, endorses meeting initiate fees -to provide revenue Councilman Harmon stated he had some reservations about the July lst deadline date and whether the City can afford to wait that long prior to adjusting the fees, would like better accountability of figures in future, and questioned why an increase in the mooring rentals had not been suggested. Mr. Bressan stated the Public Works Department will possibly begin to assess the moorings that are on dry land at low tide in 1979. Councilman Cantine stated he would prefer for any adjustments in the fees not be based on the cost -of -living index for Los Angeles, but open-ended subject to negotiations with the Fishermen's Association. MOTION: Mayor Shelton moved that staff be directed to prepare a resolution amending the rules and regulations pertaining to the City pier,and the rental lease and fee schedule, and exclude theadjustments in the fees in accordance with the cost of living index for Los Angeles area and present to the City Council for consideration at the January 8, 1979 meeting. The motion was seconded by Councilman Reasor and unanimously carried by roll call vote. Mayor Shelton requested -that items-D-6, D-7, and D-V beacon-'' �sidered by the CouncTI-prior to -items D=I-through-D-5 since - there -were people present for these items. The Council concurred. D. NEW BUSINESS D-6 Request by James P. Eddy (Eddy Machine Shop) to assign his leasehold interest in lease sites nos. 90 and 90W to Arthur William Doney and Phillip John Barron. (Resolution No. 68-78) Mr. Thornton reviewed the staff report with the City Council noting a financial statement indicating financial ability to fulfill requirements of leasehold and adequate experience to perform busi- ness required by basic lease is on file at City Hall and recommended assignment of leasehold interest be approved. MOTION: Mayor Shelton moved that Resolution No. 68-78 be read by title only. The motion was seconded by Tom Harmon and unanimously carried. Mr. Thornton read by title only, Resolution No. 68-78 MOTION: Mayor Shelton moved the City Council adopt Resolution No. 68-78. The motion was seconded by Councilman Harmon and unanimously carried by roll call vote. FJ MINUTES - MORRO Regular Meeting, PAGE NINE BAY CITY COUNCIL December 11, 1978 D-7 Request by Golden Tee Motel, Inc. to assign a portion of lease site no. 27W to Bernard C. Aitchison and Young Hi Aitchison. (Resolution No. 71-78). MOTION: Mayor Shelton moved that Resolution No. 71-78 be read by title only. The motion was seconded by Councilman Harmon and unanimously carried. Mr. Thornton read by title only, Resolution No. 71-78. MOTION: Mayor Shelton moved that the City Council adopt Resolution No. 71-78. The motion was seconded by Councilman Harmon and unanimously carried by roll call vote. D-8 Request by Paul K. Meyer that an addendum to lease agreement for lease site no. 37W be permitted to extend lease. (Reso- lution No. 69-78). MOTION: Councilman Reasor moved that Resolution No. 69-78 be read by title only. The motion was seconded by Councilman Harmon and unanimously carried. Mr. Thornton read by title only, Resolution No. 69-78. Councilman Reasor asked what improvements were to be made. Mr. George stated the improvements will consist of rebuilding the bulkhead, installing toilet facilities, and building completely new floating docks. Councilman Cantine asked what would happen if improvements were not made by 1980? Mike LeSage, City Attorney, stated the lease would terminate. MOTION: Councilman Rosenberg moved that the City Council adopt Resolution No. 69-78. The motion was seconded by Councilman Reasor and unanimously carried by roll call vote. D-1 Consideration of readvertisement for bids for duplex pump unit for trickling filter No. 1 Morro Bay-Cayucos Wastewater Treat- ment Plant Mr. Bressan reviewed the staff report with the City Council and requested the Council to authorize staff to readvertse acceptance of bids for acquisition of a two -pump unit for the sewer plant. This request was made because the price quoted increased from $15,758.00 to $19,767.00 for same equipment when City received advertised bid. MOTION: Councilman Harmon moved to reject bid furnished by Frederick Pump and Engineering Company and authorize staff to read- vertise for new bids based upon revised specifications. The motion was seconded by Mayor Shelton and unanimously carried by roll call vote. D-2 Consideration of bids for a one -ton maintenance truck, Bid No. 10-78. Mr. Bressari,reviewed the staff report with the City Council and recommended the' -contract be awarded to the low bidder, Palla Equipment Company. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, December 11, 1978 PAGE TEN MOTION: Councilman Reasor moved the City Council award the con- tract for a one -ton maintenance truck (Bid No. 10-78) to Palla Equipment Company in the amount of $7,475.68. The motion was seconded by Councilman Cantine and unanimously carried by roll call vote. D-3 Consideration of bid for well no 11--project no. PW77-017-36 Mr. Bressan reviewed the staff report with the City Council and recommended the contract be awarded to Miller Drilling and Pump Company and authorize staff to issue a change order for required pump repairs or rebuilding if within budgeted amount. MOTION: Mayor Shelton moved the contract be awarded to Miller Drilling and Pump Company and staff be authorized to issue a change order for required pump repairs or re- building, if it is within the budgeted amount and not to exceed $3,866.40. The motion was seconded by Council- man Cantine and unanimously carried by roll call vote. D-4 Consideration of Resolution No. 70-78 designating seven through streets and authorizing erection of stop signs. Mr. Bressan reviewed the staff report with the City Council and requested the Council adopt Resolution No. 70-78 designating seven through streets and authorize erection of stop signs in Morro Bay, per the traffic and engineering survey conducted by Cal -Trans. Councilman Cantine stated he is opposed to removing the yield signs at Kern and Piney Way and erecting stop signs in their stead because there is no traffic hazard now. Councilman Harmon and Mayor Shelton stated they agreed. MOTION: Councilman Rosenberg moved Resolution No. 70-78 be read by title only. The motion was seconded by Councilman Harmon and carried unanimously. Mr. Thornton read by title only, Resolution No. 70-78. MOTION: Councilman Rosenberg moved the City Council adopt Reso- lution No. 70-78 as amended, designating Morro Bay Boulevard, Main Street, South Bay Boulevard, Quintana Road, and Embarcadero as through streets. The motion was seconded by Councilman Cantine and unanimously carried by roll call vote. D-5 Consideration of Resolution No. 72-78 designating streets and speed limits to be enforced by radar. Mr.,,,Bressan reviewed the staff.report with the Council and recommended the Council adopt Resolution No. 72-78 designating certain streets and speed limits in Morro Bay be enforced by radar. Councilman Cantine stated he is concerned about raising the speed limits on Kern Avenue, Piney Way, and South Bay Boulevard. The City Council continued item D-5 to their January 8, 1979 Council meeting. D-9 Request for approval for direct purchase of pump'lfor the Sewage Treatment Plant. ($3,365.10). MINUTES - MORRO Regular Meeting, PAGE ELEVEN BAY CITY COUNCIL December 11, 1978 Mr. Thornton reviewed the staff report with the City Council requesting the Council to determine the critical necessity for the direct purchase of the circulation pump and approve the purchase. MOTION: Mayor Shelton moved that the City Council approve the direct purchase of the circulation pump for the Sewage Treatment Plant amounting to $3,365.10 in order to escape possible health -threatening conditions. The motion was seconded by Councilman Cantine and unanimously carried by roll call vote. MOTION: Councilman Rosenberg moved the City Council continue the meeting past midnight. The.motion was seconded by Council- man Reasor and unanimously carried. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Mayor Shelton discussed with the City Council possibly developing a guideline to determine whether or not reinstitution of the Harbor Committee is necessary and suggested the composition (if reinstituted) be as -follows: Two City Councilmen, two persons representing the '.commercial fishermen, one person representing sport-fshermen, one person representing Embarcadero businessmen, one person representing pleasure fishermen, and the Public Works Director. Councilman Cantine stated he could support the reinstitution of the Harbor Committee as long as the committee was not required to complete a Harbor Study. Al Schwartz and the City Council discussed the pros/cons of developing a Harbor Committee vs. a Harbor Commission, e.g., meeting times, composition, etc. Councilmen Harmon and Reasor expressed interest in serving on the Harbor Committee. Councilman Rosenberg questioned staff concerning the status of the ` owntown`and_Harbor%Element, as prepared by Owen Menard and Associates. - Bill George stated the City is awaiting receipt of 25 copies of the report. The City Council directed Mr. George to call Owen Menard to obtain the necessary copies of the report as soon as possible. Al Schwartz stated the Chamber of Commerce is ready for a repre- sentative from Owen Menard to,make a presentation concerning the Downtown and Harbor Element. Councilman Reasor asked the status of enforcement concerning Neon Sign, Inc. (Sid's Place) and the _Red and Reamer fireplace_removal.___I Mr. Le Sage suggested a letter be sent requesting the Neon Sign, Inc., requesting they apply for a sign exception or else be sited. Concerning the Red and Reamer appeal, Mr. LeSage stated the owner is maintaining he has not had a chance to appeal and has additional facts to present. MINUTES - MORRO 4 CITY COUNCIL • Regular Meeting, December 11, 1978 PAGE TWELVE The City Council scheduled Tuesday, January 2, 19.79 at 7:OO p.m. in the City Hall Conference Room to hold a study session. Mr. LeSage stated a representative from the Attorney General's office will be coming to City Hall on December 13th to discuss the Tideland's Suit and asked for the City Council to designate two Councilmen to attend. Councilmen Cantine and Harmon were -designated by the Council. MOTION: Councilman Cantine moved that the regularly scheduled City Council meeting for December 25, 1978 be cancelled due to it falling on a holiday. The motion was seconded by Councilman Harmon and unanimously carried by roll call vote. E-2 City Attorney No comments were made. E-3 City Administrator Mr. Thornton stated the notice that was given to the media did not include the action for an appointment of a Planning Commissioner to be made, and suggested the City Council make a formal motion to this effect. MOTION: Councilman Reasor moved that Ralph Peters be appointed Planning Commissioner to fill the unexpired term of Ivan Rosenberg. The motion was seconded by Councilman Harmon and unanimously carried. MOTION: Mayor Shelton moved that the seat previously held by Richard Baxter be declared vacant effective December 11, 1978. The motion was seconded by Councilman Reasor and unanimously carried. Mr. Thornton reviewed with the City Council a claim made against the City by Lauane Cook at 353 Quintana Road for a sewer lateral re- pair. Mr. Thornton stated the Public Works Director, City Attorney, and himself all recommend denial. MOTION: Councilman Cantine moved the City Council deny the claim. The motion was seconded by Mayor Shelton and unanimously carried. Mayor Shelton requested, in the future,, -,that supporting infor-.. mation be included in the Council's package for claims'made--against the City. Mr. Thornton reminded the Council that his contract with the City as City Administrator (Interim) is near its end and stated he would leave a record of the pending items for the Council. Mr. Thornton advised the City Council that the Fire Department needs a tank that they can test their fire eqiupment in. It isr essential that at least once a year the pumping equipment be run`on a test procedure which requires about eight to ten hours of constant pumping at full bore. Mr. Thornton stated there is no place for the department to do this in Morro Bay and they must go to San Luis Obispo. The City has a piece of property (Boone Ranch Well site) on Chorro Creek Road and is about four and one-half acres. The Public Works Department has no objections. Staff would like the City Council to authorize the purchase of an old buried gasoline tank and allow it to be placed in the ground at the Chorro Creek Road location so the Fire Department can draft out of it and circulate the water. Fire Chief Zerr can make the purchase within his present budget. L.l MINUTES - MORRO Regular Meeting, PAGE THIRTEEN BAY CITY COUNCIL December 11, 1978 MOTION: Mayor Shelton moved the City Council authorize staff to purchase the tank and trasfer it to the Chorro Creek Road (Boone Ranch Well site). The motion was seconded by Councilman Harmon and unanimously carried. Mr. Thornton requested the City Council allow him to take December 26th and 27th off without pay, and recommended that John BreSsAn, Public Works Director be appointed' as interim City Admini- strator for the two-day period. MOTION: Councilman Reasor moved the City Council approve Mr. Thornton's request for a two-day leave of absence without pay for December 26th and 27th and authorize the appointment of John Bressan as City Administrator for said period. The motion was seconded by Councilman Cantine and unanimously carried. MOTION: Councilman Harmon moved the meeting be adjourned to executive session. The motion was seconded by Councilman Reasor and unanimously carried. The meeting adjourned to executive session at 1:00 a.m. and re- turned to regular session at 1:23 a.m. MOTION: Councilman Harmon moved the meeting adjourn to Saturday, December 11, 1978, at 8:30 a.m. in the City Hall Conference Room to interview applicants for the position of City Admini- strator. The motion was seconded by Mayor Shelton and unanimously carried. The meeting adjourned at 1:25 a.m. Recorded by: CARL J. THORNTON, City Clerk � PQ,� By: Elizabeth Penny Deputy City Clerk MINUTES - MORRO BAY Special Meeting December 6, 1978, 7: City Hall Conference CITY COUNCIL 00 P.M. Room The meeting was called to order at 7:00 p.m. by Mayor Shelton ROLL CALL Present: Councilmen Cantine, Harmon, Reasor, Rosenberg, and Mayor Shelton Absent: None STAFF PRESENT Elizabeth Penny, Deputy City Clerk (1) Interviews of applicants for a vacancy on the City Planning Commission The City Council interviewed Bruce Elster, Charles Orr, and Ralph Peters. Alfred Bakke was called out-of-town, therefore, he will be interviewed and considered for a subsequent.' vacancy. The City Council stated they felt that the three candidates interviewed were exceedingly well -qualified and would be excellent Planning Commissioners. Councilmen Cantine, Harmon and Reasor stated they would support the appointment of Ralph Peters to fill the current vacancy. Councilman Rosenberg stated he was split between Mr. Elster and Mr. Peters,. but since the consensus of the Council was for Mr.'Peters, he would support him also. MOTION: Mayor Shelton moved to appoint Ralph Peters to fill the vacancy on the Planning Commission. The motion was seconded by Councilman Cantine and unanimously carried. Mayor Shelton encouraged the Council when the confirmation for the opening of Planning Commissioner Baxter's position is made, the Council choose a replacement from the remaining two applicants, rather than holding another meeting to conduct interviews. (2) Consideration of criteria and policy for the guidance of'admini- strative staff in the selection of possible locations for a senior citizen';s building. Mayor Shelton provided background information concerning the senior citizen's center, e.g., their present building is too small, there is now possibly an opportunity for securing funds, the Morro Bay Senior Citizens requested the Council establish a site, and the Council appointed a committee that Councilman Harmon chaired, to assess land the City owns for,,a possible site. 1. Councilman Cantine stated he felt data should be accumulated so when the proposal is presented to the public, any questions they may have,.possibly will be answered in report. He stated the allo- cation of land for a specific long-term purpose should be addressed by the City. Councilman Rosenberg stated he is in favor of providing some type of facility to the Morro Bay Seniors and suggested the report deal with the following issues: - ``" MINUTES - MORRO B• CITY COUNCIL • Special Meeting, December 6, 1978 PAGE TWO (a) How building and location will fit into the plan of whatever the surrounding location is; considering potential use, surrounding structures, potential use of surrounding structures, and potential uses of land. (b) Collect data concerning potential people to be served by center and where they are physically located in City. Councilman Harmon suggested the special 1977 census be used and Mayor Shelton suggested the Parks and Recreation Plan, Housing Element, and the Fiscal and Economic Study. (c) Specify the rules and regulations regarding the use of the land and the building. Councilman Harmon stated he did not feel the City Council could do this --the funding source would have the jurisdiction. (d) Specific justification of the use of the land, clear specification of who owns what, e.g., land, building, etc., issues regarding liability must be addressed, time limitation on use of building, land, etc. and proposal open for public review. Molly Bruno stated the Morro Bay Seniors do want control of the building, but are willing to allow Alcoholic's Anonymous, City Council, Chess'Club, etc. to use the building. (e) Issues relating to primary use (Senior Citizen Center) should be addressed that include, transportation, noise, parking, etc. Councilman Cantine stated he viewed the request as an admini- strative proposal, to be reviewed by the City Council, and subject to public hearing. Al Schwartz, Chamber of Commerce, stated an%regards to site choice, the question that will arise is what will happen with dis- placement of the Teen Center; what multiple uses will this building have; the building will not only be used by Morro Bay Senior Citizens, but the County at -large and is there the possibility of a joint -powers venture. Mr. DeSomer requested background on the request fora Senior Citizens :Center, and Mayor Shelton complied. Mayor Shelton stated until a specific plan is completed nothing can be done and availability of funds is also of a consideration. He continued by posing questions including, does Morro Bay need a senior center, will other groups be harmed by this type of proposal, will Morro Bay be establishing a precedent by allowing this, and what are the advantages/disadvantages to the City if the:City..allows the land to be used for a senior center with outside funds. Councilman Harmon questioned what area of land should be allo- cated to the senior center and how will it fit in with other sup- plementary or adjoining uses of the site. He then requested Carl Thornton to have Council's questions answered through City staff, for example, Planning Department look at potential uses of the site and displacement of other uses from that site; Recreation Department evaluate the needs and uses of the senior citizens and an evaluation of past expenditures spent on recreation as it relates to capital expenditures; Engineering Department look at specific site and determine if it is feasible for building and can accommodate parking; and have the City Attorney review how the City can legally set-up this arrangement. 0 0 MINUTES - MORRO BAY CITY COUNCIL Special Meeting, December 6, 1978 PAGE THREE Mr. Gaines stated he felt the City should consider a joint -powers agreement between all agencies to assure the seniors get money to build the Senior Citizen Community Center. , Mayor Shelton reminded Mr. Gaines that the Council is discussing the property and not the actual building. Councilman Cantine stated he did not wish to limit for consi- deration only land that is owned by the City. He felt the Council should determine what land would be the most suitable and fit into the City's long-range plan. .Mr. Schwartz suggested researching other cities, e.g., Santa Clara, Santa Cruz, Salinas, that have senior citizen centers to evaluate some of the advantages and disadvantages, e.g., building too small, type of furnishings, parking, availability of land, etc. Councilman Harmon stated he would like to have a progress report from staff to the Council some time in January. The City Council concurred. (3) Consideration of a procedure for future designation of engineers for the design and construction of the wastewater facility. The City Council decided to continue this item to the next special meeting when Carl Thornton, City Administrator, could be present to lend his expertise in this area. (4) Consideration of problems relating to the administration and development of the harbor area. (5) Further discussion of problems contained on the Council's work program list. The City Council decided to continue items four and five to sub- sequent Council study sessions. MOTION: Councilman Reasor moved that the meeting be adjourned to Monday, December 11, 1978, at 7:30 p.m. in the Morro Bay Recreation Hall. The motion was seconded by Mayor Shelton and unanimously carried. The meeting adjourned at 10:50 p.m. Recorded by: CARL J. THORNTON, City Clerk By: Elizabeth Penny U Deputy City Clerk • t✓ CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL November 27, 1978, 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR 1. Minutes of the Study Session of November 6, 1978 2. Check nos. 684 and 685 withheld from certification from the Expenditure Report of October 1, 1978 through October 31, 1978 (RECOMMEND APPROVAL) B. HEARINGS'?-J&PEARANCES AND REPORTS) 1. Request by Morro Bay Art Association for revision in City Ordinance concerning license fee paid by partici- pants in the Art & Craft shows. C. UNFINISHED BUSINESS 1. Request by Howard Low (Regal Seafood Company) to extend lease and assignment of lease to Nelson and Favalora. (Continued from November 13, 1978 meeting.) (kQ_)s ko3-9% 2. Request by Reg Whibley (Associated Divers) that an adden- dum to lease agreement for lease sites no. 52 and 52W be permitted. (Continued from November 13, 1978 Council meeting.) RSA (OS_919 3. Consideration of Planning Commission recommendations made on October 2, 1978. (Continued from November 13, 1978 Council meeting.) D. NEW BUSINESS 1. Consideration of resolution to amend resolution no. 30-74, sections "E" and "G" dealing with T-Pier Moorage and Penalty Fees and the Floating Dock Moorage Fees.` �O(O"�$ 2. Extension of the Supplemental Security Income Program in conjunction with Dial -A_ -_Ride --Program terminated on October 31, 1978.` ) 3. Consideration of Emergency Medical Care Committee's pro- posed rates for Bay Ambulance. (69`17- E. INDIVIDUAL'DETERMINATION 'AND/OR 'ACTION 1. City Council 2.., City Attorney 3. City Administrator MINUTES - MORRO BAZ CITY.COUNCIL Regular Meeting November 27, 1978, 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Shelton with the Pledge of Allegiance. Reverend Dear, City Chaplain gave the invocation. ROLL CALL Present: Councilmen Harmon, Reasor, Rosenberg, and Mayor Shelton Absent: Councilman Cantine STAFF PRESENT Carl Thornton, City Administrator Michael T. LeSage, City Attorney Bill George, Building Inspector John Bresson, Public Works Director Elizabeth Penny, Deputy City Clerk Mayor Shelton stated that prior to starting the agenda, he was going to present on behalf of the City Council, a Rosemary Award to Gladys Walton. Mayor Shelton provided the background on the award, e.g.,.where it originated, those persons Ms. Walton will be amongst with acceptance of the award, the purpose of the award, etc. Gladys Walton accepted the award with a short acceptance speech. PUBLIC COMMENT No public comments were offered. A. CONSENT CALENDAR 1. Minutes of the Study Session of November 6, 1978 2. Check nos. 684 and 685 withheld from certification from the Expenditure Report of October 1, 1978 through October 31, 1978 (RECOMMEND APPROVAL) Mayor Shelton reviewed the items on the Consent Calendar. MOTION: Councilman Harmon moved to approve Consent Calendar items A-1 and A-2. The motion was seconded by Councilman Rosenberg and unanimously carried with Councilman Cantine being absent by roll call vote. B. HEARINGS', APPEARANCES AND REPORTS B-1 Request by Morro By Art Association for revision in City Ordinance concerning license fee paid by participants in the Art and Craft shows Carl Thornton, City Administrator, reviewed the staff report with the City Council. Douglas Dean, Art Association, stated the Art Association re- grets the misrepresentation of facts that appeared in the Saturday Telegram -Tribune (November 25th) making statements that are demeaning toward the Association. The purpose of the Art Association's request is to discuss with the City Council a more moderate fee, fair to both the City and the Association. Mr. Dean provided the background of the Art Association, reviewed some of its main functions that include MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, November-27, 197,8 PAGE TWO (1) granting of local scholarships (2) provide paintings done by members to business and civic offices (3) each member receives a directory containing the Art Association's history, objectives, and programs in an alphabetical listing (4) each member receives a monthly newsletter containing upcoming shows, gallery news, etc. (5) stated that dues have not been raised in years and each new mem- ber costs the Association more than is covered by the membership fee (6) that the Association is concerned about the building fund Mr. Dean reviewed the fees that have been charged in the past/ present to the Association and reviewed the costs:thb'artists-pay.for food,-motel,_gas" .etc. _when they pakticipate in the art shows. Mr. Dean requested the City Council revise their Ordinance and recommended the following: (1) each exhibitor pay $1.00 per day as a business license fee (2) the Art Association collect these fees for the City and this would amount to about $765.00 per year which should take care of all maintenance costs (3) the Association will continue to provide the necessary insurance to, its members Mr. Dean reviewed the City Administrator's report as follows: (1) Concerning the fee charged by other cities and Morro Bay's fee being comparable --the Art Association disagrees with this entirely. (2) As far as the Police Department is concerned: (a) in last seven years that Mr. Dean has participated in the Art show he has not seen a police car, except parked behind Police Station, (b) never has seen a plain clothesman or policeman in the park, (c) Police Chief Schacht stated the Art Assocition has had no problem, and (d) therefore, he does not feel there are any costs involved as far as the police are concerned. Mr. Dean then reviewed the Parks and Recreation Director's report as follows: (1) In regards to Mr. Braga's report stating the Art Association has requested the City of Morro Bay eliminate the City fee required of each exhibitor participating in the annual art shows, the Association has never made this request --we wish to eliminate a portion of the fee and that is the gross sales. (2) "The City generally receives about $550 per show for a total of $1,650 per year" --this is not correct, the Association paid $2,017. (3) The Art Association does not have exclusive use of the park, we wish for public to be there using the picnic tables, playgrounds, etc. (4) Yes, the artists do sell their work on public property, but they have paid for a use permit and the City receives a fee. (5) As far as "minimal overhead" is concerned Mr. Dean stated he did not understand the statement considering the artists are confronted with rain, wind, etc. which may destroy their displays. (6) Mr. Dean questioned Mr. Braga as to if the art show was not in the park, what would the cost for maintenance be to the City, what would be provided in terms of restrooms available, paper towels, etc. Dave Braga stated the cost ($150-$175) is due to additional use of the park, employees taking compensating time off when they put in overtime to assist in the maintenance of the park. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, November 27, 1978 PAGE THREE (7) Concerning other cities' fees for similar use as the art show in Morro Bay, Mr. Dean submitted the following: (a) The Art Association is not involved in any outdoor art shows in San Luis Obispo (b) For Santa Maria --the Art Association receives the entire 10% and the City receives nothing. (c) For Santa Barbara's flea market, the City charges about $3.00 per day, for each exhibitor. (d) Concerning Carmel, Mr. Dean stated he is not aware of any out- door art show in the City. (e) Mr. Dean adivsed Council that he was not aware of an outdoor show on public property in, Pismo Beach, only an art show in front of a group.of;buildingIs on private property. (f) For Atascadero, the Art Association receives the $10.00, not Atascadero. (g) For Bakersfield and Big Bear the fees that are charged are charged by coordinators that organize the show. (8) As far as an art gallery changing a fee of 30 to 40 percent to artists, as stated in staff report, Mr. Dean stated he disagreed. The gallery would add their profit to whatever the amount the artist wanted to charge, e.g. a painting to be sold by artist for $50.00--gallery would charge about $70.00. Mr. Dean concluded by stating he felt the Art Association's shows were becoming fund-raising events for Morro Bay and that they should not be. 'Mayor Shelton opened the public hearing. Nicholas Mirandon stated he has shown his work in Mission Plaza and it is a,non-profit show. Dwight Carlisle read a letter into the record concerning license fees in Ordinance 159 and strongly urged the City Council to revise the City license structure as outlined by Mr. Dean. Dennis Sheridan stated the Art Association is willing to pay a fair fee, but a commission charged on top of an artists' sales is not fair --the three percent additional fee is what is being asked to be eliminated. Ruth Blanco stated that the maintenance of the City parks is very necessary and that the City has no other way to increase their revenues other than to increase their fees. Nicholas Mirandon stated he is a professional artist and does about 40 art shows per year. There are many art shows for artists to choose from and that is why the cost must be kept down or else the quality of the art work will decrease because artists will go else- where and not show in Morro Bay. Mr. Gunther stated the businesses here in Morro Bay have not been mentioned, on the Embarcadero the ratio of the business decreases about ten percent each time there is an art show „and the art'shbws are on the busiest weekends of the year_- - - . , Betty Gebelin questioned how many businesses in Morro Bay pay three or six percent tax on their gross sales. MINUTES - MORRO B• CITY COUNCIL Regular Meeting, November 27, 1978 PAGE FOUR Mr. Palmer suggested that since the City must get their expenses (indirect and direct) the Art Association set the total fee and the City take a percentage of it, e.g., 30 percent. Mayor Shelton closed the public hearing. Councilman Rosenberg stated the Art Association must pay their own way, culture is not an issue here, determining what the word "fair" means is a consideration, Proposition 13 has affected this, and to maintain the $3.00/3% fee or set a flat fee for the use of the park which is around $400.00 to $450.00 range on a per day basis. Councilman Reasor stated the Art Association must pay their own way or as close a5=possible, use of City.park is an issue, the proce- dure staff has developed is realistic,'and the services thdC the City provides mustbe considered. - Councilman Harmon stated the business license ordinance needs to be reviewed to consider special activities, e.g., auctions, art shows, etc., strongly supports staff's figures, and supports the flat fee basis as opposed to gross receipts. S'ayor Shelton stated he could support the flat fee concept as long as -there is a reasonable return to the City. Councilman Harmon stated he would like the revenue to go to the Parks and Recreation,and'not to a general fund= -otherwise he would not support this concept. ., - - Councilman Reasor stated he could not see the purpose of a special fund because the bookkeeping expenses would be self-defeating. MOTION: Mayor Shelton moved that staff be directed to come back to the City Council with a modified ordinace which is designed to meet the guidelines of $3.00/38 for non-profit organizations and Art Associations. The motion was seconded by Councilman Rosenberg and unanimously carried with Councilman Cantine being absent by roll call vote. C. UNFINISHED BUSINESS C-1 Request by Howard Low (Regal Seafood Company) to extend lease and assignment of lease to Nelson and Favalora. (Continued from November 13, 1978 meeting.) Carl Thornton reviewed the staff report with the City Council and stated that staff recommends the lease be extended for 10 years. Wes Jackson stated the contractor will start on the first of the month with a 45-day completion deadline --this includes construction of the facilities of the restrooms and showers for the fishermen. MOTION: Mayor Shelton moved to approve the request for extension of lease for ten years, assignment of leasehold interest from Howard Low (Regal Seafood Company) to Lowell Nelson and John Favalora, and direct staff to prepare the necessary documentation. The motion was seconded by Councilman Harmon and unanimously carried with Councilman Cantine being absent by roll call vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, November 27, 1978 PAGE FIVE MOTION: Councilman Reasor moved that a project completion date of four months (120 days) be inserted on addendum to lease agreement to commence on the date for construction to begin, (December 1, 1978). The motion was seconded by Mayor Shelton and unanimously carried with Councilman Cantine being absent by roll call vote. MOTION: Councilman Reasor moved to read the resolution by title only. The"motion was secbnded by.Councilman Rosenberg and unanimously carried with Councilman Cantine being absent. Carl Thornton read by title only, Resolution No. 63-78. MOTION: Mayor Shelton moved the City Council adopt Resolution No. ' 63-78. The motion was seconded by Councilman Reasor and unanimously carried with Councilman Cantine being absent by roll call vote. RECESS: 9:10 P.M. RECONVENED: 9:26 p.m. C-2 Request by Reg Whibley (Associated Divers) tha.ti)an addendum to lease agreement for lease sites no. 52 and 52W be permitted. (Continued from November 13, 1978 Council meeting.) Mike LeSage, City Attorney, reviewed the request made by Mr. Whibley with the City Council noting the question is the, - amount that the City Council will permit as a loan under the lease:" Mayor Shelton stated he would like to have a breakdown of the figures of the actual expended funds which includes material and:= labor:' Councilman Rosenberg concurred and suggested sending Mr. Whibley a letter. - MOTION: Councilman Harmon moved to direct staff to contact Mr. Whibley to submit to the City Council the data concerning actual costs involved in the materials and labor. The motion was seconded by Mayor Shelton and unanimously carried with Councilman Cantine being absent by roll call vote. D. NEW BUSINESS D-1 Consideration of resolution to amend Resolution No. 30-74, section "E" and "G" dealing with T-Pier Moorage and Penalty Fees and the Floating Dock Moorage Fees. John Bresson, Public Works Director, requested the City Council continue this item to their next meeting so that he could meet with representatives of the Fishermen Association to discuss this matter further. The City Council concurred with Mr. Bresson's request and con- tinued the "T-Pier Moorage and Penalty Fees and Floating Dock Moorage Fees" discussion until December 11, 1978 City Council meeting. Mac Wesley suggested that the Harbor Committee be reinstituted since Morro Bay is comprised of about 35% fishermen. Mayor Shelton requested the Council think about how the Harbor Committee should be composed, when they will meet, re-evaluation of the Harbor Committee, etc. and that this would be discussed at the Council's December 11, 1978 meeting. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, November 27, 1978 PAGE SIX D-2 Extension of the Supplemental Security Income Program in con- junction with Dial -A -Ride --Program terminated on October 31, 1978. Carl Thornton reviewed the staff report with the City Council. MOTION: Mayor Shelton moved that free Dial -A -Ride services for per- sons on SSI be extended until further notice. The motion was seconded by Councilman Rosenberg. Councilman Rosenberg questioned staff concerning the 325 monies, if they were to stop, what would happen to program. Carl Thornton stated the program would cease. Councilmen Harmon and Reasor expressed concern about an indefinite extension and suggested a one-year extension with a renewal period. Mayor Shelton amended his motion to require a yearly staff' report to the City Council. The amendment was accepted by Councilman Rosenberg and the motion carried unanimously with Councilman Cantine being absent.with roll call vote. D-3 Consideration of Emergency Medical Care Committee's proposed rates for Bay Ambulance (Resolution No. 67-78). Carl Thornton reviewed the staff report with the City Council. MOTION: Councilman Rosenberg moved to read the resolution by title only. The motion was seconded by Councilman Harmon and unanimously carried with Councilman Cantine being absent. Carl Thornton read by title only, Resolution No. 67-78. MOTION: Councilman Rosenberg moved to approve Resolution No. 67-78. The motion was'seconded by Councilman Harmon. Councilmen Reasor and Harmon stated in the future whenever a Franchise that the City Council has jurisdiction over in terms of, rate -setting, comes before -the Council with a request,'they.would like to have a copy of their financial -statement. Councilman Reasor stated he would like to see a policy set concerning this. The motion carried unanimously with Councilman Cantine being absent. D-3 Consideration of Planning Commission recommendations made on October 2, 1978. (Continued from November 13, 1978 Council meeting.) Councilman Rosenberg reviewed with the City Council the three recommendations from the Planning Commission to the Council (a) establish a fixed rule for residential structures which are unoc- cupied over considerable period of time and during such period are disconnected from the water delivery system, (b) requirements for specific common areas for condominium conversion, and (c) modify Muncipal Code to change control of absenteeism on part of Planning Commission members. After considerable discussion amongst the City Council, Bill George, Mr. Campbell, and Carl Thornton dealing with the water equivalency requirements in the City as it relates to reconnection the Council directed staff to prepare a draft ordinance to address this issue and present to the City Council. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, November 27, 1978 PAGE SEVEN 'Couhcilman_Rosenbe"rg reviewed the letter from Paul Kelsay, Planning Commissioner dated August 7, 1978 dealing with outdoor common area for condominiums to the City Council. Mayor Shelton requested that Bill George, Building Inspector, submit a report to the Council concerning apartment conversion to condominiums. Councilman Harmon stated that the City needs to adopt an ordinance dealing with conversion of apartments to condominiums. Chuck Orr stated he felt the same open space requirements for apartments should apply to condominiums. MOTION: Mayor Shelton moved to direct staff to prepare a draft ordinance for the City Council's consideration to;revise allowed absenteeism of Planning Commissioners from "...&7vacancy be declared if a commission is absent for three consecutive meetings" to "...a vacancy be declared if a commissioner is absent for three meetings within a twelve month period, unless formal prior consent has been obtained." The motion was seconded by Councilman Rosenberg and unanimously carried with Councilman Cantine being absent. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Mayor Shelton discussed briefly with the Council the Harbor Committee that had existed prior and asked for the Council to think about reinstating the committee, composition, and whether or not they would like -to serve'on it. Councilman Harmon stated that the Police Department has com- pleted the painting of the Police Station sign, and that he did not feel it was the Council's intent to just have it repainted. Councilman Harmon requested a copy of previous Council minutes to verify intent. Councilman Rosenberg stated that the City's computer is now operating the monthly billing. Councilman Reasor stated that he feels that it is important to have input from the public in order for the Council to represent the people, and that the Council should not be the single authority with- out this input. E-2 City Attorney Mike Lesage stated he had nothing to report. E-3 City Administrator Carl Thornton reminded the City Council that the Local Coastal Planning Commission meeting dealing with the Wastewater Treatment Plant Program would be held in Santa Barbara, Saturday, December 2nd, at 1:15 in the County Planning Office. Mr. Thornton stated that he, John Johnson, and John Bresson would be attending the meeting. MINUTES - MORRO A CITY COUNCIL Regular Meeting, November 27, 1978 PAGE EIGHT MOTION: Mayor Shelton moved that the meeting adjourn to executive session to discuss personnel matters. The motion was seconded by Councilman Reasor and unanimously carried with Councilman Cantine being absent. The meeting adjourned to executive session at 11:40 p.m. and returned to regular session at 1:10 a.m. MOTION: Mayor Shelton moved that the meeting adjourn to Monday, December 4, 1978, at 7:00 p.m. in the City Hall Conference Room to screen applications submitted for position of City Administrator. The motion was seconded by Councilman Reasor and unanimously carried with Councilman Cantine being absent. The meeting adjourned at 1:10 a.m. Recorded by: CARL J. THORNTON, City Clerk By: Elizabeth Penny Deputy City Clerk MORRO BAY CITY COUNCIL Study Session - City Hall Conference Room Wednesday, November 15, 1978, 7:00 p.m. ects for Discussion General 1. Growth Goals la. Adoption of General Plan Elements lb. Local Coastal Plan progress 2. Consideration of status of wastewater plant program- 3. Water supply problems/solutions Finance la. Revise accounting procedures lb. I Revise.fund accounting system 2a. "Selection and procurement of"data processing equipment 2b. _Egtablish'fee -orpsurcharge �;systems for sewer and•water.`funds 3. �-Develop new rates.and charges for mooring and berth -.rentals 4a. Improvement in -budget preparation and hearing procedures 4b. Intra-year budget revision program 5. Discuss additional revenue needs and resources Embarcadero and Business District 1. Establish definition, paramenters and goals of water -related functions 2a. Master Plan of development for Embarcadero and central business district 2b. Consideration of tourist destination and attraction development of waterfront 2c. Off-street parking standards and development 2d. Utilization of citizen and/or property owner advisory commission 3. Analysis of leasing procedures Administrative Reorganization 1 2. 3. 4. 5. Evaluation of departmental organization and internal department structures Consideration of new personnel ordinance Filing 'of existing_yacancies', Establishment of more formalized Individual departmental analysis: Capital Improvements complaint procedure Public Works, Police, Fire, etc. 1. Development of capital needs list 2. Development of 5-year program 3. Individual priority consideration: water distribution system, water supply system, sewer collection system (laterals and mains), streets, storm drains, municipal buildings, etc. 4. Investigation of available grant programs for the above 5. Analysis of potential use of 1913-15 Act district procedures Legal 1. Resolution of Brebes pier impasse 2. Tideland's Suit Planning Commission Streamlining 1. Changes recommended by Planning Commission 2. Definition of goals and procedures in administration of P.D. zones 3. Ordinance in regard to two -car garages 0 MORRO BAY CITY COUNCIL Wednesday, November 15, 1978, 7:00 p.m. Continued Agenda - Page 2 Harbor 1. Bay dredging and development 2. Harbor Plan 3. Plans for street -end docks Miscellaneous 1. Estabiish site -for Senior Community -Center 2. Study -and evaivate disaster plan and responses 3. Evaluate and re-establish street maintenance programs (Particularly North Morro Bay area) 4. Study recreation plan 5. Analyze level of past and present community participation in municipal government decision -making and establish goals for expansion of citizen input 6. Study potentials of establishing official councilmatic and governmental positions and handling responsible media and public representations 7. Develop positive personnel incentive programs for cost- effective delivery of municipal services MINUTES - MORRO BAY CITY COUNCIL Study Session November 15, 1978, 7:30 p.m. City Hall Conference Room The meeting was called to order at 7:00 p.m. by Mayor Shelton. ROLL CALL Present: Councilmen Cantine, Harmon, Reasor, Rosenberg, and Mayor Shelton Absent: None STAFF PRESENT: Carl Thornton, City Administrator Elizabeth Penny, Deputy City Clerk MINUTES Consideration of minutes from the November 6, 1978 City Council Study Session. Councilman Rosenberg stated that he did not have his copy of the minutes with him and would like to defer approval to the November 27, 1978 City Council meeting. The Council concurred with his request. CITY'S COMPUTER_ Councilman Rosenberg discussed with the Council the meeting that he had with Mr. Thornton, City Administrator and a representative from Burroughs, in regards to the City's computer's flexibility, capability of instituting a fixed charge on bills, etc. ADMINISTRATIVE REORGANIZATION The City Council agreed that the category of Administrative Re- organization could serve as direction from the City Council to the new City Administrator of their concerns relating to administration. The City Council determined that Administrative Reorganization would read as follows: 1. Evaluation of departmental organization and internal depart- ment structures 2. Consideration of new personnel ordinance 3. Filling of existing vacancies 4. Establishment of more formalized complaint procedure 5. Individual departmental analysis: Public Works, Police, Fire, etc. Carl Thornton reviewed the status of the vacancies in the City that included the Local Coastal Planner, Finance Director, Planning Director, City Administrator, Police Dispatcher, Field Operations positions, and Account Clerk. Mr. Thornton advised the Council that Lloyd West,"Civil Engineering Assistant in Public works, had resigned and had taken a job with Cal -Trans. Mr. Thornton discussed with the Council the advantages/disadvantagesof having a Registered Engineer vs. two Engineering Draftsmen. CAPITAL IMPROVEMENTS Al Schwartz, Chamber of Commerce, asked if item 4 "Establishment of more formalized complaint procedure" covered constituents coming to City Hall with complaints? MINUTES - MORRO BA40 CITY COUNCIL • Study Session, November 15, 1978 PAGE TWO Mayor Shelton stated no, but the development of a complaint pro- cess, e.g., refer complaint to secretary, secretary to department head, dates and disposition of complaint so recorded, etc. would be discussed with the new City Administrator. Carl Thornton reviewed some of the capital improvements that are needed within the various districts in the City and also those that have been done. Mr. Thornton stated that the City needs to determine what is dedicated to the City and what is not in terms of sewers, water lines, streets. Mr. Thornton stated that he could not find a legal base map delinating the streets that have been dedicated to the City. He advised that the Public Works Director will be re- searching the Beachcomer area to ascertain what streets are dedicated to the City in this area. In regards to the five-year plans, the department heads have advised him that they have completed two five- year plans, but that nothing was ever done with them. The City Council discussed how the City would be affected if the State Park was within the City limits, e.g., control of the environ- ment, maintenance of roads, liability to the City, etc. The City Council discussed the Dom-- hin parcel as it relates to wastewater distribution. and the need to set-up a committee to nego- tiate with Mr.Domenghint. The City Council revised the category of Legal to read: 1. Resolution of Brebes pier impasse 2. Tideland's Suit 3. Negotiations with',Domenghini The City Council revised the category of Planning Commission Streamlining.to read: 1. Changes recommended by Planning Commission 2. Definition of goals and procedures in administration of P.D. zones 3. Ordinance in regard to two.car garages 4. Definition of function and scope of duties of the Planning Commission f:i� yffd 7 Councilman Cantine stated that he would like to discuss with the City Council the administrative operation of the harbor as it relates to the Harbor Master's scope of duties. Mayor Shelton stated that he would like for there to be more dockage at the harbor. The City Council discussed how the smaller boats will not be able to compete with the larger fleets in four or five years. Councilman Reasor stated that if the harbor in Morro Bay is more attractive and provides the necessary facilities for the fisher- men, they would not go to San Padro. Carl Thornton brought out the fact that the Harbor Master does not provide enforcement around the dock area --the Building Department does this. \J MINUTES - MORRO BAY CITY COUNCIL Study Session, November 15, 1978 PAGE THREE Recess: 8:30 p.m. Reconvened: 8:50 p.m. The City Council revised the category of Harbor to read as follows: 1. Bay dredging and development 2. Harbor Plan 3. Plans for street -end docks 4. Definition of goals and priorities for harbor 5. Analysis of lease procedures MISCELLANEOUS Mayor Shelton, Councilmen Cantine- and Harmon requested that re- view of public address, recording system, and overhead projectors be added to the Miscellaneous column. Councilman Cantine stated that he is concerned with persons operating businesses in Morro Bay without business licenses --they may have a license, e.g., for San Luis Obispo, but not Morro Bay. Mayor Shelton explained to the City Council that the Art Associ- .ation is requesting a revision in the City Ordinance dealing with the amount that the Art Association is charged. They would like for a flat rate, per artist, to be charged and this would cover the main- tenance of the park also. Councilman Rosenberg suggested although this item is scheduled for the November 27th meeting that no action be taken at that meeting and that a study session be scheduled to discuss this matter further so that,- e.g., policy of using these kind of facilities for art shows can be examined more closely. The City Council discussed the -issue of profit -oriented vs. cultural -oriented as it relates to the Art Association. Mayor Shelton stated that the City Council must consider the additional Police protection which must be provided, the materials in the park, the additional traffic generated around the park, addi- tional public works` involvement, and additional use of the sewer and water systems in the City. Councilman Cantine brought up adding to the Miscellaneous section a "site and architectural review board" that reports to the Planning Department or Planning Commission and acts in an advisory capacity. Al Schwartz, Chamber of Commerce, and the City Council discussed developing an accountable complaint procedure within City Hall, e.g., individual voices complaint, via 1&t_ter,or, face-to-face; date, time, disposition of complaint, document complaints so if people are con- cerned with one specific area, there will be supporting information. Mr. Schwartz stated the City needs to educate the general public to advise them of the services available to them, the committees in the City, who is working for the City, function, etc. Councilman Harmon suggested that a newsletter be considered. Carl Thornton stated that questions concerning additional Police patrol have been raised. He advised the Council that Morro Bay has two Police cars and this requires eight or nine people to man the cars around the clock. 0 MINUTES - MORRO BAY CITY COUNCIL Study Session, November 15, 1978 PAGE FOUR Mayor Shelton brought up the need for parking enforcement with- in the City. Al Schwartz added that parking R.V. Campers by the PG&E lot (along the Embarcadero) needs to be considered also. There is alot of overnight parking taking place. The City Council revised the Miscellaneous column to read as follows: 1. Establish site for Senior Community Center 2. Study and evaluate disaster plan and responses 3. Evaluate and re-establish street maintenance programs (Particularly North Morro Bay area) 4. Study recreation plan 5. Analyze level of past and present community participation in municipal government decision -making and establish goals for expansion of citizen input 6. Study potentials of establishing official councilmanic and governmental positions and handling responsible media and public representations 7. Develop positive personnel incentive programs for cost- effective delivery of municipal services 8. Review public address, recording systems, overhead pro- jectors 9. Enforcement of business licenses 10. Site and Architectural Review Board 11. Parking Enforcement--R.V. parking on the Embarcadero 12. Police Patrol in Morro Bay 13. Off-street parking standard The City Council discussed how they would approach handling the prioritized sections/items of the agenda. Carl Thornton stated that he would present the prioritized agenda to the department heads for their input. The City Council decided to schedule miscellaneous item (1) "Establish site for Senior Community Center" and General item (2) "Consideration of status of Wastewater Plant Program" for the next study session. Carl Thornton advised the City Council that the Local Coastal Planning Commission will meet in Santa Barbara, December 1st, to con- sider Morro Bay's phase one report on the Wastewater Plant to consider site, size, etc. Mr. Thornton stated he has requested John Johnson of Carollo Engineers to prepare a status report on this matter addres- sing what State agencies have this, etc. He also advised the Council that Ruth Schwartz of the Coastal Commission has practically told him that the Commission wants to have Carollo representation at the meeting and that this is not covered in Carollo's contract. It is estimated that this will cost about $300.00. The City Council scheduled December 4, 1978, at 7:00 p.m., in the City Hall Conference Room, to screen the applications submitted for the position of City Administrator. 0 0 MINUTES - MORRO BAY CITY COUNCIL Study Session, November 15, 1978 PAGE FIVE MOTION: Councilman Harmon moved that the meeting be adjourned to Monday, November 27, 1978, at 7:30 p.m. in the Morro Bay Recreation Hall. The motion was seconded by Mayor Shelton and unanimously carried. The meeting adjourned at 11:05 p.m. Recorded by: CARL J. THORNTON, City Clerk By: Elizabeth Penny Deputy City Clerk 0 6 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, November 13, 1978, at 7:30 P.M., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the appeal from Planning Commission decision regarding a proposed 4-unit apartment, M. H. Pack, 217 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: October 16, 1978 EUGENE R. SHELTON, Mayor City of Morro Bay, California CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL November_13, 1978, 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR 1. Minutes of the regular meeting of October 23, 1978 2. Minutes of the Study Session of November 6, 1978 3. Financial Report, July 1, 1978 through September 30, 1978 . (RECOMMEND APPROVAL) 4. Expenditure Report, October 1, 1978 through October 31, 1978 (RECOMMEND APPROVAL) 5. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 6. Resolution No. 61-78 approving application for permit to operate water well #11 (RECOMMEND ADOPTION) 7. Request approval of Bid No. 9-78 for the purchase of a new van for the Fire Department W C« D. E HEARINGS, APPEARANCES.AND REPORTS 1. Appeal from Planning Commission decision of a proposed 4-unit apartment, M.H. Pack, 217 Main Street, Morro Bay 2. Request by San Luis Obispo County Area Council of Governments regarding Air Quality Attainment and Maintenance Plan Review 3. Report on Senior Citizens Community Center UNFINISHED BUSINESS 1. Staff report on recommendations proposed for Morro Bay Blvd. 2. DiGarimore request for clarification of City Policy for use of adjoining boat slips 3. Addendum to lease agreement for Associated Divers (R. Whibley 52 and 52W) (ma.-T% cL Q187b• NEW BUSINESS 1. Request by Office of Criminal Justice Planning (Region P) for $282.00 for their support. 2. Request by Howard Low (Regal Seafood Company) to extend lease and assignment of lease to Nelson and Favalora G 5-1% LC— -� 3. Request by Morro Bay Fire Department for a door for Station #2 ($1,321.00) 4. Request for Cooperative Litter Control Grant Application 5. Appointment of new Planning Commissioner 6. Consideration of Planning Commission decisions made on October 2, 1978 'INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Administrator 0 MINUTES - MORRO BAY Regular Meeting November 13, 1978, 7 Morro Bay Recreation CITY COUNCIL 30 p.m. Hall The meeting was called to order at 7:30 p.m. by Mayor Shelton with the Pledge of Allegiance. Reverend Dear, City Chaplain gave the invocation. ROLL CALL Present: Councilmen Cantine, Harmon, Reasor, Rosenberg, and Mayor Shelton Absent: None STAFF PRESENT Carl Thornton, City Administrator Michael T. LeSage, City Attorney Bill George, Building Inspector John Bresson, Public Works Director Bernie Zerr, Fire Chief Elizabeth Penny, Deputy City Clerk PUBLIC COMMENT 1. Mr. DeSomer was concerned with individual boundaries for street parking. He stated that extending the white lines about two additional feet into the street would afford better visibility for the driver of the car, since the lines cannot be seen from inside the vehicle. He concluded that better utilization of all street parking throughout the City would result if the boundaries were adjusted. 2. Mr. Campbell expressed his concern over the lack of dog control in the City, e.g., dogs being unleashed, drinking out of public drinking fountains, dog fights, etc. He requested the Council schedule "dog control" for a future agenda to consider, e.g. posting of signs prohibiting dogs in parks, etc. 3. Mr. Gaines reviewed the process that he went through in con- trolling three nuisance dogs in his neighborhood. A. CONSENT CALENDAR 1. Minutes of the regular meeting of October 23, 1978. 2. Minutes of the Study Session of November 6, 1978. 3. Financial Report, July 1, 1978 through September 30, 1978 (RECOMMEND APPROVAL) 4. Expenditure Report, October 1, 1978 through October 31, 1978 (RECOMMEND APPROVAL) 5. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 6. Resolution No. 61-78 approving application for permit to operate water well #11 (RECOMMEND ADOPTION) 7. Request approval of Bid No. 9-78 for the purchase of a new van for the Fire Department. Mayor SheIlton.reviewed all-items'on the Consen£.Calendar and sequested_that itemA-7 be pulled for question. Councilman Reasor requested item A-4_ be'pulled for question Councilman Rosenberg requested that item A-2 be postponed until November 15, 1978 City Council meeting to allow for clarification. The City Council con- curred with these requests. MINUTES - MORRO A CITY COUNCIL • Regular Meeting, November 13, 1978 PAGE TWO MOTION: Councilman Cantine moved the Consent Calendar items A-1, A-3, A-5, and A-6 be approved. The motion was seconded by Councilman Reasor and unanimously carried by roll call vote. MOTION: Councilman Reasor moved that Consent Calendar item A-4 be approved with the exception of check nos. 684 and 685, to be clarified by staff for Council, and proposed for appro- val at the November 15, 1978 City Council Study Session. The motion was seconded by Councilman Harmon and unanimously carried by roll call vote. A-7 Request approval of Bid No. 9-78 for the purchase of a new van for the Fire Department. Mayor Shelton asked Fire Chief Zerr if the van proposed for purchase was the replacement for the pick-up that was previously re- quested and if its use would be the same. Fire Chief Zerr stated that the van was the replacement for the pick-up and that the van would be more functional, e.g., allow for medical aid calls. Councilman Cantine questioned if the rear-view mirrors were included in the bid and suggested in the future an analysis of com- petitive bids be made available to the Council. MOTION: Mayor Shelton moved Consent Calendar item A-7 be approved. The motion was seconded by Councilman Cantine and unanimously carried by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS B-1 Appeal from P,Ianning-Commission.decision of -a proposed 4-unit apartment, M.H. Pack, 217 Main Street, Morro Bay Bill George, Building Inspector, reviewed the staff report with the City Council. Gladys Walton, appealant, stated that she does not feel the pro- posed project is appropriate for the area, is not in.keeping.with existing strucutres, and will detract from the quaintness of the waterfront. Mrs. Walton stated her only reason for wanting to pur- chase the property was to retain the character of the neighborhood and not as an investment. Mayor Shelton opened the public hearing. Nick Pack, applicant, reviewed the acquisition of his property with the Council. He reviewed Mrs. Walton's seven objections as she presented to the Planning Commission and commented as follows: He stated that he was planning to build apartments, not condominiums; that his current expenses far exceeded his income; and it was his desire to proceed with apartments and to retire in Morro Bay on his existing property. Mr. Pack stated that his contractor would respond to Mrs. Walton's objections concerning structure of the building and retaining wall. In conclusion, Mr. Pack referred to a letter signed by surrounding neighbors and a letter from Mr. Johnson, stating their support of his proposed project. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, November 13, 1978 PAGE THREE Don Spendoff, representative of Taylor Wheeler Corporation, contractors for Mr. Pack, reviewed the plans for the project pointing out that they were in compliance with the zoning for that area, that a two-story structure was planned to utilize the area of -the property, and the retaining wall in question would be repaired or replaced. Mr. Spendoff further stated that a plan was drawn -up that Mrs. Walton approved of, would give her a viewing area of the bay, and would also provide a view from Main Street which does not exist. Mr. Spendoff concluded that the existing five substandard units are to be replaced by four units conforming to the Building Code, and that two of the units would be occupied by Mr. Pack and his associate from Fresno. Mr. Haislip requested that the letter of appeal from Gladys Walton and the petition of support from surrounding neighbors be read into the record. Mayor Shelton complied. Richard Bolton, President of Morro Bay Fuel Dock spoke in sup- port of Mr. Pack's project. Mayor Shelton closed the public hearing. Councilman Reasor expressed his concern regarding the elimi- nation of low-cost housing as a result of the project. Bill George advised that due to the cost involved to remodel and reconstruct the existing structure, this would remove it from low-cost housing. Councilmen Cantine and Reasor discussed the existing view and the proposed view with Mr. George. Councilman Rosenberg stated he is opposed to the project, namely because of the height, the architecture of the proposed buildings, and it is not in keeping with the existing area. Councilman Harmon spoke in opposition to the project due to the fact it was not in keeping with the surrounding area. Councilman Cantine spoke in opposition to the project and raised the question of what legal P.D. options the Council has. Mike LeSage, City Attorney, referred to Municipal Code Section 1724.090 as guidance. Discussion followed regarding requirements of this code. Based on this Code, the City Council has the right to impose restrictions on a project. Councilman Harmon and Cantine concurred that Mrs. Walton's appeal had no bearing on their decision, as the point in question is a matter of structural design and height of buildings. ti' Mayor Shelton stated his only reservation was in regard to elimi- nation of low-cost housing and the Building Inspector's comments clarified this point. He also concurred with those comments of the other Councilmen in their thinking of the project. MOTION: Councilman Harmon moved the appeal of Gladys Walton from the Planning Commission decision be upheld and that the applicant may seek assistance from the Planning Department to address the findings of the Council which are: (1) the predomina height along the bluff is single -story, (2) R-3 is not neces- sarily correct zoning for the area, and (3) the compatibility of surrounding structures. The motion was seconded by Councilman Rosenberg and unanimously carried by roll call vote. n u MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, November 13, 1978 PAGE FOUR Recess: 9:15 p.m. Reconvened: 9:30 p.m. B-2 Request by San Luis Obispo County Area Council of Governments regarding Air Quality Attainment and Maintenance Plan Review Bob Carr, Assistant Air Pollution Control Officer for San Luis Obispo County Air Pollution Control District, made a presentation outlining a plan to comply with the Federal Clean Air standards for San Luis Obispo County in relation to public health and welfare, property, agricultural crops, and good clean air in general. He re- viewed the background of the plan and advised, as a County we are exceeding the hydrocarbon emissions for this area. Mr. Carr stated this is caused by high emmissions from the San Luis Obispo area which travel up the coast and the highest readings are in the Paso Robles area. Morro Bay's air pollutants are the result of pollutants traveling into the area and for this reason Mr. Carr felt that the Air Quality Attainment and Maintenance must be considered from a County -wide standpoint. He reviewed each section of the plan and felt that implementation of said plan would eventually result in attainment of clean air. He requested the City Council's support of the plan and suggested that they might appoint a representative to the Council of Governments. Mr. Carr answered questions by Council- man Cantine satisfactorily and pointed out that the main source of pollutants in Morro Bay is the PG&E plant. Mayor Shelton questioned the polutants that result from off- shore tankers. Mr. Carr stated there is a problem in the loading and unloading of the tankers and especially in the ballasting stage, however, this particular area is under the control of the U.S. Coast Guard and due to the legality of the problem, it will be about five years before it is resolved. Mayor Shelton opened the public hearing. Mr. Gaines questioned if there was a list of the leading six or ten existing polluters in the County. Mr. Carr responded yes and explained that this information is obtained annually. Mr. Goldsborough'stated oh At ascadero.Road there_ is a problem of organic droppings of about six or eight `drops to the square -inch, which falls on homes, cars, windows, etc. Mr. Carr asked if he had reported it to Air Pollution Control and stated they would look into matter if Mr. Goldsberg contacted them. Mr. Palmer questioned percentage of pollutants that are created by stationary and nonstationary sources and how many days a year we exceed limits. Mr. Carr responded (1) 25.4 tons per day from emmission of or- ganic gases from stationary sources, (2) 11.1 tons per day from on - road motor vehicles, and (3) 2.9 tons per day from other mobile sources, e.g. ships, railroad, tractors, etc. This was for San Luis Obispo County for 1976--in tons only, no percentages are available. Mr. Carr stated that Paso Robles exceeds 23 days and 25 hours per year and there is no data for Morro Bay because those zones have not been monitored. Mayor Shelton closed the public hearing. 9 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, November 13, 1978 PAGE FIVE Councilman Cantine asked what the options were, and if endorsed by the Council, with the comment, "we don't like them", would it make any difference. Mr. Carr responded he didn't believe that it would because the Air Resources Board has the authority to adopt rules, use them as they see fit, and it would be better for the community to adopt the plan locally, rather than having the Air Quality Board enforce a plan. Councilman Cantine asked what the actions would be for non- compliance. Mr. Carr responded that (1) construction of major stationary sources would not be allowed to build, (2) Federal highway funds used for public transportation would be withheld, (3) Federal Government will withhold 208 monies on sewage treatment plant if plan is not adopted and complied with, and (4) funds will be withheld by Admini- strative Environmental Protection Agency for any project that is to be funded by Federal monies in part, or total, if plan is not provided. The City Council choose Mayor Shelton as their representative to Council of Governments. B-3 Report on Senior Community Center Molly Bruno, President of Morro Bay Senior Citizens, reported that the site selected by the Building Committee is one which is owned by the City and would remain City property after a building is constructed. The building will be made available to all senior citi- zens in the community. She stated that all governmental avenues of funding are being explored, including Federal funds being sought for financing and application for same may be made after the first of the year. Councilman Rosenberg commented that a building of this type should be included in the General Plan and should be a long-range goal rather than a short-term solution. Mayor Shelton recommended that the matter be referred to staff to examine its ability to fit into the land complex that the City now owns, to see if it would be suitable without any significant problems, and if not, what alternative places they might suggest for it; and their recommendations for placement of building on the pro- perty, e.g., proximity to street and pathways, etc. The City Council concurred. Mr. Cambell requested that a stipulation be set forth that the building not be for the exclusive use of the seniors, but available to other groups also. Morro Bay does not have a community center and he feels it would be unfair to have exclusive use of a building on City property. Mayor Shelton stated this is the first group that has come before the City Council in regards to a center. He went on to say we have a proposal before us from a senior group, a building site is the only requirement needed, they will not be using the taxpayers money, and the issue is not a community center. Councilman Rosenberg brought out the fact that this was on the November 15, 1978 Study Session agenda, and would later be scheduled for public hearing. • r MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, November 13, 1978 PAGE SIX C. UNFINISHED BUSINESS C-1 Staff report on recommendations proposed for Morro Bay Boulevard John Bresson, Public Works Director, reviewed the staff report which is a result of a meeting between staff and California Action League (CAL). In connection with the request for stop signs and corrections of sight distance problems on Morro Bay Boulevard Mr. Bresson stated that staff wished to go on record as being opposed to installation of stop signs, as requested, for the purpose of speed control. Mr. Bresson advised that a mutual agreement was met on alternate methods for the control of traffic during peak traffic times on Morro Bay Boulevard and there are nine control measures proposed. He went on to say that it is the thinking of staff and CAL that the implementation of the proposals would reduce the problem to an acceptable level. Councilman Rosenberg asked the cost of the public awareness cam- paign. John Bresson stated he could not give definite figures since a plan had not been developed at this time. Councilman Rosenberg and John Bresson then discussed alternate methods of control and cost of same, e.g., parking police car in front of station rather than rear, installation of time -controlled light, and pedestrian -actuated light (which is not recognized by Cal - Trans). Councilman Rosenberg concluded that he would like to hear the feelings of the Chamber of Commerce, at a public hearing, in re- gards to this issue. Mrs. Gerber stated that she supports Mr. Bresson's findings with the exception that ,.he had not resolved the problem of making a left turn onto Morro Bay Boulevard from a side street. Mr. Risley stated that CAL is pleased with the interest the City has shown in their request for stop signs and speed control on Morro Bay Boulevard, however, CAL is disappointed that the Public Works Director did not accept their suggestions for stop signs on Shasta and Kern. He expressed the desire of the group to work with Mr. Bresson in order to obtain immediate actions which would result in correction of existing problems and encouraged the City Council to provide direction to enforce pedestrian right-of-ways, and speed limits on Morro Bay Boulevard. Mayor Shelton expressed concern in regards to the motorists who have difficulty in crossing Morro Bay Boulevard from a side street during peak hours and on weekends. John Bresson advised the only solution was to install traffic - actuated signals or progressive signals. Mayor Shelton asked Mr. Bresson to examine the Beach Street area and complete a field study to see if criteria that follows is same as Morro Bay Boulevard and Main Street area. Mr. Palmer expressed his concerns regarding the lack of stop signs for traffic coming from The Rock at the Embarcadero and Beach Street area. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, November 13, 1978 PAGE SEVEN Mr. DeSomer, President of the Chamber of Commerce, stated the Chamber had endorsed the problems recommended by other groups that exist for the children in the community. Mr. DeSomer recommended x'the following: (1) removal of one parking space at each corner for -<visibility, (2) Kern and Morro Bay Boulevard should have three-way stop or flashing becan, (3) Shasta and Morro Bay Boulevard should have school crossing guard when needed, (4) a four-way stop placed at Napa and Morro Bay Boulevard, (5) encourage Police to step-up the enforcement on speeders who do not stop at pedestrian crossing zone, and (6) encourage signs to slow traffic, e.g. thank you for saving our children. Mr. DeSomer stated that Kern and Morro Bay Boulevard should not have a stop sign there because it would create a jam during high traffic densities. He stated that the Circulation Element for the City is being developed and until a final plan is adopted, he is opposed to large expenditures of money. He stated that his main concern is the protection of the children. MOTION: Mayor Shelton moved the City Council direct staff to pro- ceed with above -listed actions and studies to reduce po- tential traffic hazards and increase the level of service to both motorists and pedestrians. The motion was seconded. X by Councilman Rosenberg..,.- F: Mrs. Gerber thanked.the City Counci-1for hiring a crossing guard.' At a PTA meeting they voted to suppoft'CAL's proposal'and-sited their reasons for doing so. _. The motion carried unanimously:-- C-2 DiGarimore request for clarification of City Policy for use of adjoining boat slips Carl Thornton, City Administrator, advised the City Council that it was useless for the City to intervene, as Mr. Alvin Hall has a separate rental agreement with the City, granting to him full rights of use for various fishing vessels without a termination date. Mayor Shelton recommended that the report be filed. The City Council concurred. C-3 Addendum to lease agreement for Associated Divers (Reg Whibley 52 and 52W) Mike LeSage, City Attorney, stated the agreement does not specify the precise amount of money for the loan, it doesn't address the actual out-of-pocket cost, or the appraised value. Mayor Shelton advised that the leaseholder had paid cash for necessary improvements to the property at the time he took over the lease and is now seeking a loan. Carl Thornton explained that the leaseholder is seeking funds-, with which to develop his business, perhaps for the purchase of a boat, and he is proposing to hypothecate the buildings which are on the lease site as security for the loan. Mike LeSage stated his main concern was that a professional appraiser, appraised the improvements at $90,000 and the lessee stated that the improvements came to $35,000, and is questions which amount would be used as a criteria for the loan. Mr. LeSage advised Council the lessee has indicated that he would like the higher figure to be used. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, November 13, 1978 PAGE EIGHT Carl Thornton stated that he did not feel this is a good business practice, but if the City Council feels that the lessee is adding to the function of the specific purpose of the property, they should not be penalized for adding their time and work to the project to save money, and the criteria should be set on the actual value of the work. Since the lessee was not present at the meeting to respond to the City Council'sconcerns,, Mayor Shelton suggested the item be deferred until the next meeting. The City Council concurred. D. NEW BUSINESS D-1• Request by Office of Criminal Justice Planning (Region P) for $282.00 for their support Carl Thornton explained the function of the Criminal Justice Planning, some of the uses the monies are put to, and recommended strongly that the City maintain membership. MOTION: Mayor Shelton moved that staff be directed to take $282.00 from unobligated reserves to maintain City's participation in the joint agency with the Office of Criminal Justice Planning. The motion was seconded by Councilman Harmon and unanimously carried.by roll call vote. D-2 Request by Howard Low '(Regal Seafood Company) to extend lease and assignment of lease to Nelson and Favalora Mike LeSage presented the request for transfer of leasehold interest andektensfonoflease with an option for renewal for an addi- tional 5 or 10 years to Mssrs. Nelson and Favalora. Mayor Shelton questioned why the extension was being asked for and why Mr. Low was making the request for the extension when he had already made a deal to assign the business to Mssrs. Favalora and Nelson. MOTION: Councilman Cantine moved the City tended past midnight. The motion Shelton and unanimously carried. Council meeting be ex - was seconded by Mayor The City Council discussed the probable amount of time that should be allowed to cover the dollar cost of construction involved. Wes Jackson, Manager of Regal Seafood Company in Morro Bay, explained that Regal Seafood Company sold the business to Regal Fisheries with the understanding that an addition would be constructed with facilities for the fishermen. Mr. Jackson stated the.request for extension or option of the lease is requested to enable the new owners to right -off this addition. Councilman Rosenberg asked if the extension was not granted would the pier still have to be built under the condition of the original lease. Wes Jackson responded yes, the pier would but not the addition. MOTION: Mayor Shelton moved the item be deffered to the November 27, 1978 City Council meeting to allow for further examination as to the dollar amount and time granted for repayment. The motion was"seconded�by Councilman Harmon and carried unanimously.- MINUTES - MORRO BAY CITY COUNCIL • Regular Meeting, November 13, 1978 PAGE NINE D-3 Request by Morro Bay Fire Department for a door for Station No. 2 ($1,341.00). Fire Chief Zerr reported on the existing condition of the over- head door at Fire Station No. 2 stating it is worn out, keeps jumping off the track, and requested the replacement be 12 feet instead of the existing 10 feet. The Chief requested that funds be provided for a new door. MOTION: Councilman Reasor moved that $1,341.00 be appropriated from unobligated funds for the purpose of replacing existing door. The motion was seconded by Mayor Shelton and unani- mously carried by roll call vote. D-4 Request for Cooperative Litter Control Grant Application John Bresson, Public Works Director, presented the request from the Department of Public Health to participate in the Cooperative Litter Control and stated that Morro Bay's share amounts to $2,479.00 and from this allocation the City will be given nine or ten decorative trash receptacles. Councilman Reasor stated he was concerned about designating the County to hold the funds and asked if there were any options available. Carl Thornton advised that it would be too costly to the City to try to set-up its own programs for the money involved. Mr. Thornton advised if the program does change, the City can withdraw. Councilman Reasor stated tat he could support the program with the option to withdraw. MOTION: Councilman Harmon moved the filing of the proposed litter control grant application be done and authorize the Health Officer to conduct all negotiations and to execute and sub- mit all documents which may be necessary for the completion of the litter prevention and control program. The motion was seconded by,Mayor Shelton and carried with Councilman Cantine voting no. D-5 Appointment of new Planning Commissioner Carl Thornton, stated that advertisement for the position of Planning Commissioner had been done, applications had been received, the City Council had copies of these applications before them, and that the Council could follow any procedure they so desired. Mayor Shelton suggested to the Council that a public hearing be scheduled to interview the applicants. Councilman Cantine stated that he did not feel there were suf- ficient applications to fill all three vacancies --only one of the vacancies. The City Council scheduled December 6, 1978, at 7:00 p.m. to begin the interviews to fill one vacancy for Planning Commissioner. D-6 Consideration of Planning Commission decisions made on October 2, 1978 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, November 13, 1978 PAGE TEN Mayor Shelton requested that this item be continued to the next meeting because he wanted to research a couple of the points more completely, because there has been quite a time span since these recommendations were made (October). The City Council concurred. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Mayor Shelton stated he was aware of a copy of a Specific Plan relating to the Embarcadero that was being circulated to the merchants for their input and analysis at the Embarcadero. Mr. Shelton spoke with Owen Manard and Associates and they advised him that City staff has had this Specific Plan for about five or six months. Mr. Shelton stated that Mr. Manard will send a copy of the plan to the City Council for their review. Councilman Harmon asked for Department sign. Carl Thornton and it would be done shortly. E-2 City Attorney the status of painting the Police stated that it would cost about $50.00 Mike LeSage stated the courts heard the claim for overtime by a Police Officer and the City does not have to pay for the claim and that Mr. Thornton has a copy of the claim if the City Council would like to review it. The coastal decision is still pending between Gallo and the State Coastal Commission and is scheduled for 2:00 p.m. on November 14, 1978 for the State objectives to make proposed findings and request direction from the City Council as to his being present. Mayor Shelton stated that he personally felt he would like for the intent of the City Council to be to drop the suit. The City Council directed Mr. LeSage to attend the meeting. E-3 City Administrator Carl Thornton reviewed the staff report concerning Mr. Bresson's salary and stated that whenever an employee's salary exceeds the third step of the pay scale that approval must be given by the City Council. MOTION: Councilman Harmon moved approval of the salary of $898.74, bi-weekly, for Mr. John Bresson, Public Works Director. The motion was seconded by Councilman Cantine and unanimously carried by roll call vote. John Bresson stated that he had received a request from Roy Myking, owner of the Cape Mala, for a waiver of the penalty fees at the City dock for a 30-day period because the captain of the fishing vessel had broken his leg and can not move the Cape Mala out of the harbor. MOTION: Mayor Shelton moved the City Council waive the penalty fees for the fishing vessel, Cape Mala for a 30-day period com- mencing on November 13, 1978. The motion was seconded by Councilman Reasor and unanimously carried. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting, November 13, 1978 PAGE ELEVEN MOTION: Mayor Shelton moved that the meeting be adjourned to Wednesday, November 15, 1978, at 7':00 p.m. in the City Hall Conference Room. The motion was seconded by Councilman Cantine and unanimously carried. The meeting adjourned at 12:50 a.m. Recorded by: CARL J. THORNTON, City Clerk By: Elizabeth Penny Deputy City Clerk i `b MINUTES - MORRO BAY CITY COUNCIL Study Session November 6, 1978 7:30 p.m. Morro Bay Conference Room The meeting was called to order at 7:00 p.m. by Mayor Shelton. ROLL CALL PRESENT: Councilmen Cantine, Harmon, Reasor, Rosenberg, and Mayor Shelton ABSENT: None STAFF PRESENT Carl Thronton, City Administrator Michael T. LeSage, City Attorney Elizabeth Penny, Deputy City Clerk Mayor Shelton stated that the meeting was held for discussion purposes only, and that no vote or action would take place this evening. Carl Thornton stated that he had taken each individual Councilman's list of items and had grouped them according to subject matter, but did not attempt to prioritize them. Mayor Shelton and Councilmen Harmon and Rosenberg, stated that they would like to review and prioritize each individual section of the agenda. Councilman Cantine stated that he had no preference and would follow the format of reviewing the agenda that the other Council members so desired. .Councilman Reasor stated his concern of possibly coming up short of revenue at the end of the year because of the sewer plant, pump, etc., and the revenue for the project has come out of unobli- gated reserves. Therefore, Councilman Reasor stated that he would like to discuss the finance section of the agenda this evening. GENERAL Council stated they felt that items (1) "Growth goals and management", (2) "Adoption of General Plan Elements", and (3) "Local Coastal Plan progress", were inter -related and should be grouped together. Councilman Rosenberg stated that in conjunction with items 1, 2, and 3, that Council should consider also directing their attention towards the Land Use Element and the City's resources. Councilmen Harmon and Rosenberg stated the need for data in terms of water available in the city, potential for getting more water, sewer capability, and how these items related to the General Plan and the need for a lot inventory of the population. Mayor Shelton stated that consultants for the City previously projected Morro Bay's population as it is now, based on data they received before and that it would be a good idea to include this information in the analysis to determine if these figures are ;compatible;with:the City's land use project. 0 MORRO BAY CITY Study Session - Page Two.-,, COUNCIL November 6, 1978 Councilman Cantine stated the City has a lot survey that was done previously by Mr. Nuzum and that all it requires is updating. He then suggested that item (1) "growth goals and management" be revised to reflect only "growth goals" and that he could begin to assemble informa+ion to address growth goals which includes policy goals, committees, expressions, and newspaper clippings and forward to Local Coastal Planner when hired for compiling the necessary information. Councilman Cantine went on to say, that shortly the Council wl_11, `1ieed ; to select a consultant and instruct_ lth_e % consultant about the preliminary design review, to assess if the things already looked at are the best as it relates to the magnitude of the finan- cial impact upon the City. This should be done prior to phase one being completed. Councilman Cantine then stated that he felt item (4) "Water supply problems" should be revised to read "Water supply problems/ solutions". He further stated that the State Water Plan would probably be resolved tomorrow, after the election; that Lake Naciemento would always be there; and that conservation and incre- mental units rather than a large supply is also another alternative to the water problem in Morro Bay. Councilman Cantine advised Council that Mr. Atkinson, from the County Water Advisory meeting in Cambria, would like for someone from Morro Bay to go and discuss with his committee, the possibility of bringing water from the north down to Morro Bay. Mayor Shelton stated that when the City had their drought a couple of years ago, that a very helpful analysis was prepared by experts in this field relating to water supply in Morro Bay's basin. Mayor Shelton further stated that he felt perhaps the consultants should review this report with Council addressing what the basin can provide as it exists now, what it can provide in 1982 with existing use, and what affect rationing of water to a particular level would have on the City, etc. The Council prioritized the category of general to read as follows: I. Growth goals Ia. Adoption of General Plan Elements Ib. Local Coastal Plan progress II. Consideration of status of wastewater plant program III. Water supply problems/solutions FINANCE Councilman Reasor stated that he felt that items (6) "Establish fee or surcharge systems for sewer and water funds" and (7) "Develop new rates and charges for mooring and berth rentals" should have a priority placed upon them, in order to keep the budget in balance, and get the revenue that was projected at the budget hearings. Councilman Reasor further stated that his recollection was that the City was going to be structured into four or five use categories from light water uses (residential) to heavy water uses (fish'pro- cessing) and there would be a flat rate applied-for;residental uses and:heauy uses'would be charged for each cubic foot of water used. MORRO BAY CITY Study Session Page Three COUNCIL November 6, 1978 Mayor Shelton stated that the present computer does not have a program to change the sewer'arid.water- charges to a'flat rate;. and the number of units that we have are not discrete enough to apply the flat rate formula and there is the need to have a new program written. Mayor Shelton further stated that Burroughs, who is the supplier of this computer, no longer does their own programming -- they contract it out, and they are finding it difficult to secure a programmer. Mayor Shelton went on to say this may be a considera- tion that the Council should look into if purchase of additional computers is considered. Councilman Harmon stated the need for the general public to be notified of this matter. Councilman Reasor stated rather than sending a letter with the water bills that-he.would like_a-separa£e mailing. -,sent to the water users of Morro Bay notifying them of the rate change. " Mayor Shelton stated that staff should look into the feasibility of this, and after the question is resolved of implementation, the process of informing the residents of Morro Bay should be reported back to the Council. Councilman Cantine stated that an enterprise fund, infers that the City is compiling revenue for future developments, and all that the Council passed was to put as many of the programs on a pay-as-you- go basis, and, therefore, would like to delete the word "enterprise". Councilman Cantine further stated that the Council would not have to deal with having taken off a sewer charge, and putting back on a sewer charge, because the sewer charge that was there previously, was truly an enterprising fund for future facilities. Councilman Reasor stated that the City has an Audit Finance Committee and it should be more involved in the accounting procedures. Councilman Reasor further stated how Mr. Foster, a former member of the committee, had given him several suggestions involving this when City staff has been hired. Mayor Shelton stated he felt it was a good idea to send'items (1) and (2) to committee for suggestions in the interim of hiring staff. Mayor Shelton further stated that Council might consider altering the wording of (1) "revise accounting procedures" and (2) "revise fund accounting system" to read (1) "Review accounting procedures and (2)"Review fund accounting system". Carl Thornton stated that he felt the Council should try to get a computer as soon as possible. Mr. Thornton went on to say that there are certain basic processes of municipal finance that are relatively easy to establish. Mr. Thornton further stated the City has an existing contract with auditors, and if the Council would provide direction to them, he could supplement their information. Councilman Rosenberg stated the prime issue is the availability of the program --the City can buy pre -packaged programs or can write their own programs. Mayor Shelton stated that the only rationale given for having a computer is that when we go to assessment districts that we will have greater flexibility in the assessment districts and better control as far as inventory. Mayor Shelton further stated that he needed more MORRO BAY CITY Study Session Page Four COUNCIL November 6, 1978 information including, what can the City do with another computer, how large does it need to be, what is the cost involved, and what kind of services can be performed more efficiently than what is being performed at the present time. Carl Thornton stated that computers should be able to carry information on personnel systems and eventually provide data on police activity. Charlie Palmer stated he felt until the City knew exactly what they want from a computer, know the flexibility they want, that they should not waste their money be investing in a computer. The Council'agreed that the accounting system should be modi- fied, requested staff to inquire as to the cost and other elements relating to this, provide a report to the Council of staff's findings and that additional direction will be provided by Council subsequent to this occuring. The Council agreed that the data processing system was the second priority and that Councilman Rosenberg will be working with the local consultant in collecting information about the various systems/programs available. Councilman Reasor stated that he understood that there were about five letters that were to be sent out by Mr. Warden to various computer companies making reservations for a system, and asked Mr. Thornton if he was aware of these letters. Carl Thornton stated that he was aware of a letter of intent to IBM and would look for copies of the other letters and report back to the Council. Councilman Harmon stated he would like item (7) "develop new rates and charges for mooring and berth rentals" to be placed on the Council agenda as a public item as soon as possible. Councilman Harmon further stated that the item had been deferred previously until the fishermen were back in town and they are here now. The Council agreed to place the item on the November 27th agenda. The Council concurred with Mayor Shelton's request to have an ad hoc meeting of items (6j "establish fee or surcharge systems for sewer and water funds" and (7) "develop new rates and charges for mooring and berth rentals". Mr. Lemons asked Council what the date was that they passed a flat rate charge. Mayor Shelton stated that it was his recollection that the flat rate charge was $1.50/per month, per single dwelling unit, but that he was unsure of the date, at this time, and would research the matter further. 11 6 MORRO BAY CITY Study Session Page Five COUNCIL November 6, 1978 The Council prioritized the category of "Finance" to read as follows: la. Revise accounting procedures lb. Revise fund accounting system 2a.. Selectionand procurement of data processing equipment 2b:. Establish fee or surcharge systems for sewer and water funds 3. Develop new rates and charges for mooring and berth rentals 4a. Improvement in budget preparation and hearing procedures 4b. Intra-year budget revision program 5. ' Discuss-ad"d'i!tional revenue needs and resources EMBARCADERO AND BUSINESS DISTRICT Councilman Cantine stated that he felt the Embarcadero and business district should be separated from the harbor items because the harbor plan deals with issues, for example, number of berths and use of the waterfront. The City Council decided to create a separate category called "Harbor" and move item (5) "Bay dredging and development to this category. Al Schwartz, Director of the Chamber of Commerce, suggested the Council change item (3) "Master Plan of development for central business district" to read "Master Plan of development for the Embarcadero and central business district." Fred Witt stated that he would like for the Council to define what the term "water -related" means because development cannot take place on the waterfront until a definition is given. Mrs. Cook asked the Council to consider having a designated ad hoc committee of merchants from the waterfront, from the downtown area to the north bay area to give their expertise in working with a Council member so the Council can find out the businessman's needs and arrive at a master plan that is attractive, efficient and possible. RECESS: 9:25 p.m RECONVENED: 9:37 p.m. Councilman Reasor stated he could support the Coastal Commission's definition of water -related. Mayor Shelton, Councilmen Harmon and Rosenberg, stated that they would like for the Council to talk to the business community as to their definition of "water -related" and then hold a study session to review the item. Mr. Palmer asked if a clause could be inserted in the lease so when it comes up for renewal,and original leaseholder either uses it or returns it to the City and make it an unsalable item. Mike LeSage stated that investments would have to be encouraged. Leases can be conditioned, for example, a person either builds or lease terminates. Carl Thornton stated that he approaches the leases as being developmental leases and the value added by leaseholder and MORRO BAY CITY COUNCIL Study Session - November 6, 1978 Page Six development of a project to the increased purposes of the City are the things important with leases. Mayor Shelton stated his purpose of suggesting item (7) "Utilization of citizen and/or property owner advisory commission" was to possibly have the Council designate an ad hoc committee specifically for an analysis of the waterfront. Councilman Cantine stated he felt the Council should develop a policy on fisheries. Mayor Shelton stated that when looking at the harbor we must consider what are we capable of doing based on available resources, capital, and mainly consider the external agencies' control over the harbor. The Council discussed the problem of not being allowed to dredge the channel because of the external agencies' constraints placed upon the City. The Council prioritized the category of Embarcadero and Business District to read as follows: 1. Establish definition, parameters and goals of water - related functions. 2a. Master Plan of development for Embarcadero and central business district. 2b. Consideration of tourist destination and attraction development of waterfront. 2c. Off-street parking standards and development. 2d. Utilization of citizen and/or property owner advisory commission. 3. Analysis of leasing procedures. The Council created a new category to read Harbor and placed bay dredging and development and Harbor Plan in this category. The Council decided to discuss "Legal" category and defer review of "Administrative Reorganization", "Capital Improvements" and "Miscellaneous" to the next study session. LEGAL Councilman Rosenberg explained his reason for suggesting item (1) "Changes recommended by Planning Commission" be reviewed by the City Council. Changes included: 1. Suggested that a change in the ordinance concerning allowed absences of the Planning Commissioners. 2. The need for Planning Commission to have guidelines for developing P. D. Zones. 3. Planning Commission time spent on reviewing variance re- quests on non -conforming dwellings --possibly having staff review/ approve/deny variances with process for appeal of staff decision to Planning Commission. a MORRO BAY CITY COUNCIL Study Session - November 6, 1978 Page Seven Councilman Harmon suggested that items (1) "Changes recommended by Planning Commission" and item (5) "Ordinance in regard to two -car garages be moved from "Legal" category and create a new category entitled "Planning Commission Streamlining" for these items. The Council concurred. Mayor Shelton stated he felt item (G) "Ordinance in regard to two -car garages" should consider that certain areas in the City are more amenible to one -car garages. Mike LeSage requested in conjunction with item (3) "Tideland's Suit" the Council appoint two councilmen to participate with himself and the Attorney General to discuss settlement of the suit. Councilman Cantine requested the Council hold an executive session concerning the Tideland's Suit because he would like to know the direction the Council will be proceeding in with this suit. Mike LeSage requested in conjunction with the Domeghini parcel as it relates to water and sewer, for the Council to appoint two Councilmen to continue the discussion/resolution of this matter. Mayor Shelton requested this item be deferred until the Planning Director is hired. The Council prioritized "Legal" to read: 1. Resolution of Brebes pier impasse 2. Tideland's.Suit f F2V.T.TiT7 Mayor Shelton stated that he would like to see some plans from staff for street -end docks. The Council prioritized "Harbor" to read: 1. Bay dredging and development 2. Harbor Plan 3. Plans for street -end docks Mayor Shelton stated he felt the Council needs to have more study sessions. Mayor Shelton went on to say that study sessions are productive and a tool for facilitating brainstorming between the community members present and the Council. The Council tentatively scheduled a study session on Wednesday, November 15, 1978 in the City Hall Conference Room. Confirmation to have the study session will be done at the City Council meeting on November 13, 1978. The City Council adjourned at 10:38 p.m. Recorded by: CARL J. THORNTON, City Clerk By: Elizabeth Penny Deputy City Clerk ti. NOTICE OF PUBLIC HEARING The public is invited to attend and participate ina public hearing on the Morro Bay-Cayucos wastewater treatment and disposal facilities to be heard before the City Council of the City of Morro Bay on: Date: October 23, 1978 Time: 7:30 P.M. Place: City Council Chambers, Recreation Building Corner of Shasta and Dunes Morro Bay, California This public hearing is for the purpose of discussing merits, costs, and environmental impacts of alternative wastewater treatment and disposal projects which have been submitted to the City of Morro Bay for evaluation. Detailed, comprehensive draft reports covering engineering aspects, financing, and environmental impacts will be discussed at the public.hearing. These reports are available for public review at the following locations: The Public Library, 410 Morro Bay Blvd., Morro Bay, Ca 93442; the Public Library, 684 North Ocean Avenue, Cayucos, Ca 93430; Morro Bay City Hall, 595 Harbor Street, Morro Bay, Ca 93442; and Cayucos Sanitary District Office, 148 South Ocean Avenue, Cayucos, Ca 93430. The proposed project is in response to the Regional Water Quality Control Board directive for the two entities to upgrade the level of treatment and disposal of the existing wastewater treatment facilities. In addition, increased capacity is required at the wastewater treatment plant to accommodate the growth in the Morro Bay-Cayucos area for the next ten years. A combination of local, State, and Federal funds are being sought to construct the project, which is estimated to cost approximately $10 million. 0 OUTLINE OF PRESENTATION AT ENVIRONMENTAL IMPACT PUBLIC HEARING I. Background of grant program II. Reasons for project III. Objectives of project IV. General development of project V . Alternatives considered VI. Comparison of viable alternatives A. Total costs B. Federal, State, and local funding C. Costs to average home owner D. Feasibility E. Environmental Impacts VII. Reasons for selection of the recommended alternative Vill. Details of the recommended alternative IX. Scheduling X . Financing 0 SUMMARY MORRO BAY-CAYUCOS WASTEWATER TREATMENT AND DISPOSAL FACILITIES STATEMENT OF THE PROBLEM The City of Morro Bay and the Coyucos Sanitary District presently own a joint wastewater treatment and disposal facility located in the City of Morro Bay which is disposing wastewater to an ocean outfall. The City of Morro Bay, as the lead agency, has received discharge requirements from the Regional Water Quality Control Board which cannot be met by the present treatment and disposal facilities. In response to these dis- charge requirements, the City hired John Carollo Engineers of Walnut Creek, California, to undertake a study and to prepare a wastewater treatment and disposal facilities plan which would determine methods to affect compliance with the Board's order. PROJECT DESCRIPTION The project consists of two parts, wastewater treatment and the resultant wastewater disposal. The wastewater treatment phase would require upgrading of the existing facilities to meet the new discharge requirements and expanding the facility for a 10-year projected growth in the Morro Bay-Cayucos area. Disposal options available are either discharging to the ocean; developing a reclamo- tion scheme for wastewater use on golf courses, recreational areas, and farming interests in either the Morro and/or Chorro Valley; or disposal through percolation to the groundwater. The major portion of the wastewater from any reclamation or disposal scheme would be applied over the City's groundwater supply. Several treatment options were considered, but the most reliable treatment option which will result in maximum utilization of the existing facilities would be a parallel Carrousel process combined with the existing plant to meet the discharge requirements. U The disposal alternative was not as clear-cut, however. Extensive studies were made of the reclamation scheme, as this is a water deficient area, and maximum utilization of a scarce resource is imperative. It became evident during the study, however, that the high salt content in the wastewater could be detrimental to the City's water supply if used east of the City's well field. (San Bernardo-Chorro Creeks Junction). The study showed the cost of a new outfall would be high and would not realize any water reuse. The apparent best disposal project entails reclamation west of the City's well field in the Chorro Basin for summer flows and disposal of peak, high night time salt and excess winter flows through the existing Texaco ocean outfall pipes. This project is expected to make available to the City an additional 500-700 acre feet of drinking water per year. It is anticipated that this proposed project will cost approximately $10 million, of which half is for disposal and half is for treatment. Local, State, and Federal funds are anticipated for the design and construction of this project, resulting in a local share of approximately 15 percent or $1.5 million. NOTICE OF PUBLIC HEARING The public is invited to attend and participate in a public hearing on the Morro Bay-Cayucos wastewater treatment and disposal facilities to be heard before the City Council of the City of Morro Bay on: Date: October 23, 1978 Time: 7:30 P.M. Place: City Council Chambers, Recreation Building Corner of Shasta and Dunes Morro Bay, California This public hearing is for the purpose of discussing merits, costs, and environmental impacts of alternative wastewater treatment and disposal projects which have been submitted to the City of Morro Bay for evaluation. Detailed, comprehensive draft reports covering engineering aspects, financing, and environmental impacts will be discussed at the public.hearing. These reports are between Sept. 28th and Nov. 13th, available for public review/,at the following locations: The Public Library, 410 Morro Bay Blvd., Morro Bay, Ca 93442; the Public Library, 684 North Ocean Avenue, Cayucos, Ca 93430; Morro Bay City Hall, 595 Harbor.Street, Morro Bay, Ca, 93442; and Cayucos Sanitary District Office, 148 South Ocean Avenue, Cayucos, Ca 93430. The proposed project is in response to the Regional Water Quality Control Board directive for the two entities to upgrade. the level of treatment and disposal of the existing wastewater treatment facilities. In addition, increased capacity is required at the wastewater treatment plant to accommodate the growth in the Morro Bay-Cayucos area for the next ten years. A combination of local, State, and Federal funds are being sought to construct the project, which is estimated to cost approximately $10 million. CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL October 23, 1978 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge_of`ATlegiance Invocation J Roll Call Public Comment A. CONSENT CALENDAR 1. Minutes of the regular meeting of October 9, 1978 2. Minutes of the executive meeting of October 9, 1978 3. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 4. Annual Audit Report for Fiscal Year Ended June 30, 1977� (RECOMMEND APPROVAL) 5. Resolution No. 60-78 approving the Use Permit of Morro Bay Chamber of Commerce for Rock-O-Rama November 11 & 12, 1978 (RECOMMEND ADOPTION) B. HEARINGS, APPEARANCED AND REPORTS 1. Request for Addition of Uses for Lease Site 52 & 52W, 495 Embarcadero, Morro Bay 2. Public Hearing on Morro Bay-Cayucos Wastewater Treatment and Disposal Facilities C. UNFINISHED BUSINESS 1. Continuation of proposed agreement with James M. Montgomery, Consulting Engineers, Inc. to conduct sampling & analysis of our Wastewater Treatment Plant 2. Continuation of request by Bay Ambulance Service to Increase Rates D. NEW BUSINESS 1. Request by Associated Divers to Amend Lease Agreement 2. Request by the San Luis Obispo Regional Transit Authority for approval of Handicapped Joint Powers Agreement E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Administrator • a MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 23, 1978 7:30 P.M. Morro Bay Recreation Hall The meeting was called to order at 7:30 P.M. by Mayor Shelton. ROLL CALL PRESENT: Councilmen Cantine, Reasor, Harmon, Rosenberg and Mayor Shelton ABSENT: None STAFF PRESENT Carl Thornton, City Administrator Michael T. LeSage, City Attorney George Chrissakis, City Engineer Sharon Lilley, Deputy City Clerk PUBLIC COMMENT 1. Nancy Culver presented a follow-up report on the Safety Survey. She stated that on October 17th, a meeting was held to discuss the crossing guard proposal. Those in attendance at this meeting included Bruce Risley, Roxanne Gerber, George Chrissakis and Nancy Culver. The following recommendations were made: a. To increase visibility by eliminating parking,on Morro Bay Boulevard and on intersecting streets. Two parking spaces would be eliminated on approaches to an intersection and one parking space on leaving the intersection. b. To make Shasta a 4-way stop. C. To make Kern a 3-way stop with red flashing beacon. d. To install a large advance warning sign on the north side of Morro Bay Boulevard near the Kern stop which would read "Speed Limit 25 MPH Pedestrian Right -of -Way Enforced e. To solicit the cooperation of the Police Department, PTA, City Council, CAL, Chamber of Commerce, and other groups for an enforcement campaign which would enforce the speed limits and pedestrian right-of-way and gain public support. Mayor Shelton directed staff to place these recommendations on the agenda for consideration and that the City Administrator be directed to present a staff report. 2. Faye Eldridge verified that Shirley McGuire turned in her briefcase prior to leaving. Mayor Shelton stated that she did turn it in along with her name plate. 3. Roxanne Gerber stated that.the recommendations made by the group which met on October 17th regarding the crossing guard would be presented to the P.T.A. for their consideration and comments. She also stated that the article in the Sun -Bulletin MINUTES - MORRO BAY CITY COUNCIL ;6ctober,23, 1978 Regular Meeting Page Two really did not state clearly that the City was looking for someone to fill this vacancy. Mayor Shelton directed staff to publish an advertisement for a crossing guard. 4. James Campbell spoke in favor of a community center to be used by all the citizens of Morro Bay, but stated that he was not in favor of a center just for the use by the senior citizens. He stated that he is upset over reading articles in the newspaper that one individual or group is making public comment on behalf of the City. He also asked that the City Council stand up and be counted on the issue of growth and development of property. He suggested that the City buy the lots or let them be developed and that the Council should go on record with its policies. Mayor Shelton stated that these items be placed on the agenda under Public Hearings for consideration at the next regular meeting because this was not the appropriate time to discuss them. Councilman Reasor stated that these issues had all been answered in the campaign and felt that they did not need to be repeated at this time. After further discussion of this matter, Mayor Shelton stated that he supported growth as long as there were the resources to support that growth. Mr. Campbell thanked Mayor Shelton for answering his question. 5. Bob DeSomer, President of the Morro Bay Chamber of Commerce, stated that at a Board of Directors' meeting, they voted in favor of San Luis Obispo Measure A, which would retain the right to develop facilities for needed water for the City of Morro Bay. 6. John Lemons spoke in favor of Measure A and suggested that people get out and vote on November 7th in support of the State Water Project. He felt that the Council could take a positive action by encouraging people to also support this measure. Mr. Lemons stated that he was in agreement with Councilman Cantine's support of Measure A at the Board of Directors' Meeting. Councilman Cantine corrected Mr. Lemons and stated that he was just providing information to the Board and wasrather encouraging them to hold a Public Hearing on this issue. 7. Bruce Risley stated that the official position of the Citizen's Action League was to provide information and inform the citizens of Morro Bay about the water project. However, they would not speak in favor of or against the measure. The hearing of Public Comment was then closed. Mr. Thornton administered the Oath of Office to Ivan M. Rosenberg as he was sworn into office as a Councilman for the City of Morro Bay. Mr. Thornton then congratulated the newly seated Councilman and they both signed the oath. Mayor Shelton stated that five councilmen were now seated. 0 MINUTES - MORRO BAY CITY COUNCIL October 23, 1978 Regular Meeting Page Three A. CONSENT CALENDAR 1. Minutes of the regular meeting of October 9, 1978 2. Minutes of the executive meeting of October 9, 1978 3. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 4. Annual Audit Report for Fiscal Year Ended June 30, 1977 (RECOMMEND APPROVAL) 5. Resolution No. 60-78 approving the Use Permit of Morro Bay Chamber of Commerce for Rock-O-Rama November 11 & 12, 1978 (RECOMMEND ADOPTION) Mayor Shelton reviewed all items on the Consent Calendar. Correspondence consisted of a letter and Resolution from Citizens for Cal -Vet Housing Proposition 1 asking for the en- dorsement of the City Council on this issue. MOTION: Councilman Harmon moved for the approval of the Consent Calendar. The motion was seconded by Councilman Reasor and was unanimously carried by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Request for Addition of Uses for Lease Site 52 & 52W, 495 Embarcadero, Morro Bay Mr. Thornton stated that the Planning Commission's recom- mendation for an addition of uses would include design, sales and repair of marine electronic and instrumentation equipment. Councilman Cantine stated that he was on the Planning Commission when this lease was originally approved and that he is completely in agreement with the additions of uses as it is marine oriented. MOTION: Councilman Cantine moved that the lease agreement be amended to include the design, sales and repair of marine electronic and instrumentation equipment. The motion was seconded by Mayor Shelton and was unani- mously carried. 2. Public Hearing on Morro Bay-Cayucos Wastewater Treatment and Disposal Facilities John Johnson, Carollo Engineers, presented his report at the last Public Hearing meeting to be held in Morro Bay. This hear- ing is related to the 45-day review period which meets the State and Federal regulations and guidelines. Mr. Johnson continued his report with a summary of the history of the Wastewater Treatment Plant and all of the many changes which have taken place. The major treatment for the Plant now includes the proposal of a Caroussel Process. Mr. Johnson presented a financial summary which included a total package cost by 1980-81 in the amount of 1.49 million dollars (our local share): This would create an in- crease of $.50 per 100,000 cubic feet of water used. The completed system would be in operation by November 1982. MINUTES - MORRO BAY CITY COUNCIL October 23, 1978 Regular Meeting Page Four Mr. Ray Gallo, representing his client, Mr. Domenghini,. tated that he would not voluntarily grant usage of his property and was, therefore, against the Carollo proposal and stated that action by condemnation would be necessary to acquire the land. Charles Palmer discussed direct ocean outfall. Mr. Johnson stated that the Texaco outfall is a less expensive procedure. Mr. Palmer did not agree with this concept. He suggested that the oil lines buried in the surf zone could be used. Harvey Hunt (Carollo Engineers) explained the reasons for the use of the Texaco outfall as opposed to direct ocean outfall. RECESS: 9:45 P.M. RECONVENED: 10:00 P.M. There was a continuation of the Public Hearing on the Wastewater Treatment and Disposal Facilities. Councilman Rosenberg stated that in the revenue report, the deficit figure did not seem to be correct. Mr. Johnson agreed with him, and said that he would check into the matter. Councilman Cantine stated that he had reservations regarding the possibility of condemnation on the Domenghini property. He said that he is familiar with this legal process and that it is a most difficult procedure. Mr. Johnson suggested that a lease or contract option could be suggested. C. UNFINISHED BUSINESS 1. Continuation of proposed agreement with James M. Montgomery, Consulting Engineers, Inc. to conduct sampling & analysis of our Wastewater Treatment Plant. Mr. Thornton presented his report stating that the work to be completed is a complex procedure of prescribed sampling and analysis over an approximate two month period. The costs involved cannot go beyond the $9,650 that was stated in the agreement without the approval by the City Council. The agreement is based upon an hourly rate, and cannot exceed the maximum amount $9,650`�r. Councilman Harmon stated that this sampling and testing will not change anything and the only thing that we will achieve is to show that we have stabilized our effluent. Mr. Neary, Vice President of Montgomery Engineers, stated that this report must be completed by an engineering firm with facts and figures to back it up and then a status report must be presented to the Water Quality Control Board. Councilman Cantine stated that he is mainly interested in getting the W.Q.C.B. off of our backs. He said that he doesn't feel that this report will do it. There was concern and discus- sion that the Board will keep coming back to the City with more demands requiring additional expenditures. • 11 MINUTES - MORRO BAY CITY COUNCIL October 23, 1978 Regular Meeting Page Five MOTION: Councilman Cantine moved that staff be given the authority to take from unobligated reserve the amount of $9,650 to enter into contract with James M. Montgomery, Consulting Engineers, Inc. The motion was seconded by Councilman Reasor and was carried by roll call vote with the exception of Councilman Harmon voting no because he felt that this process will not move us any closer to re- moving the Cease and Desist Order nor will it improve the quality of our effluent. 2. 1 Continuation of request by Bay Ambulance Service to ---.-,--..-increase rates Mr. Thornton presented his report stating that he had re- ceived no assistance from any County agency, including the Emergency Medical Care Committee-(EMCC;-a County advisory committee) in his effort to obtain additional information for his report. He further stated that Bay Ambulance Service is not operating under the City Ordinances but rather through a Joint Powers Agreement with San Luis Obispo County. The County is the administrating agency and it is the County who offers the service of Bay Ambulance to the City of Morro Bay and our only involve- ment is in the right of approval to any changes that might take place. Mr. Thornton further stated in his report that, according to some calculations that he did based upon the C.P.I. rates for Los Angeles from 1975 to the present, Bay Ambulance was entitled to raise its rate approximately 22.6%. Mr. Barker, Bay Ambulance, stated that he was told to go to the Emergency Medical Care Committee first. After doing this, he was told to go to the Morro Bay City Council. He was now re- questing that the Council send a letter to the EMCC in support of their request. Mayor Shelton stated that he felt that this request for rate increases was justified as he had reviewed the balance sheets,in the past, of Bay Ambulance and felt they were very deserving. MOTION: Councilman Cantine moved that a general letter be sent to the EMCC in support of an adjustment in the contract based upon merit and urging that this agency expedite their consideration. The motion was seconded by Councilman Harmon and carried with Mayor Shelton voting no. D. NEW BUSINESS 1. Request by Associated Divers to Amend Lease Agreement Mr. Thornton presented his report and stated that this is basically a legal matter and that Council should rely on the City Attorney for advice. Mr. LeSage stated that the provision which Mr. Thornton referred to is in all new City -type leases. 11 C7 MINUTES - MORRO BAY CITY COUNCIL October 23, 1978 Regular Meeting Page Six Mr. Whibley stated that he wanted to borrow money for a piece of equipment which was needed for his business and would like to use the business as collateral. Mr. LeSage suggested that we could include some stipulations and re -wording of the lease agreement that would make it broader in scope to include improvements as related to the business. Councilman Cantine stated that he wants to encourage any marine oriented business and stated that he would like to see the lease amended. Councilman Reasor suggested that perhaps a monitary limita- tion should be placed on this borrowing ability. Councilman Rosenberg stated that he feels we will probably get other people who feel that they fall into this same category. MOTION: Councilman Cantine moved that the City Administrator along with the assistance of the City Attorney work out a draft amendment to the leasehold which would permit a loan encumbrance for capital improvements for Associated Divers. The motion was seconded by Councilman Rosenberg and was unanimously carried. Mayor Shelton also directed staff to write a letter to the bank of Associated Divers stating that the details for an amend- ment to the lease agreement are in the process of being worked out. 2. Request by the San Luis Obispo Regional Transit Authority for approval of Handicapped Joint Powers Agreement Councilman Cantine stated that $2,793 is a small amount. He asked Mr. Thornton if this agreement would have any affect on our SB325 money (Dial -A -Ride). Mr. Thornton replied that it would not have any effect. Mr. LeSage stated that the cover letter to the agreement did include a dollar amount for Morro Bay's allocation. However, the contract itself includes additional sums which is not added to Morro Bay's portion and that the contract is open-ended and allows the governing authority to make contracts. He stated that the City could withdraw from this agreement, but once you do so, you must continue to pay for any contract obligations that exist at that moment. MOTION: Mayor Shelton moved that staff be directed to complete the Joint Powers Agreement for the Handicapped Transportation and that the clause be added that any contract beyond a year cannot be contracted by the JPA without the approval of the majority member agencies. The motion was seconded by Councilman Cantine and unanimously carried by roll call vote. A discussion followed on transportation systems. Councilman Rosenberg asked for a clarification of the intent of Mayor Shelton's motion. Mayor Shelton stated that the intent was to add this clause to the agreement, and if this clause was not acceptable, then we would not sign it and the agreement would come back to us. MINUTES - MORRO BAY CITY COUNCIL October 23, 1978 Regular Meeting Page Seven E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council Mayor Shelton stated that at the last Council meeting we discussed the need for a member of Council to serve on the Senior Citizens' Community Center Land Committee. Mayor Shelton asked the Council for their approval in the appointment of Councilman Harmon as he had indicated a desire to serve on this committee. Council agreed. Mayor Shelton also stated that a meeting had been scheduled in the City Hall Conference Room at 3:00 P.M. to meet with a couple of members of the Nuclear Regulatory Commission. There was a possibility that a quorum of Council would be present, therefore, the meeting would be adjourned to that meeting scheduled for October 24, 1978. Mayor Shelton stated that there was a problem with the slips at the Dunes Street Dock over who has usage rights. Mike DiGarimore is a sub-leasee, and is currently involved in a conflict. Mayor Shelton proposed that the Council do some individual investi- gation of this situation and staff will present a report at the next City Council meeting. The City's policy has been that the leaseholders would have use of those slips on the end to provide for the maximum usage of their leases. MOTION: Councilman Cantine moved that the meeting be extended: The motion was seconded by Mayor Shelton and unanimously carried. Councilman Cantine stated that there were several items which had been discussed in past Council meetings and that no action had been taken on. Mayor Shelton suggested that a'"work session" might be useful in planning�and'iinplementatiorf wIt was dedidedtthat',the meeting would be held in the City Hall Conference Room on November 6th starting at 7:00 P.M. and will be a public meeting. Councilman Reasor stated that an item for consideration at the work session should be the sewer charge and the need for implemen- tation. He feels that if action is not taken soon on how this program is to be carried out, there ;aregongttobbeppr•bblems. 2. City Attorney had nothing to report. 3. City Administrator Mr. Thornton stated that there is a League of California Cities quarterly meeting of the Channel Counties Division scheduled for November 10ty. Deadline is scheduled for Monday, November 6, 1978, for those Councilmen interested in attending. Mr. Thornton introduced the newly appointed Administrative Secretary/Deputy City Clerk, Elizabeth Penny. She will begin her half-time employment with the City on November 1st, and will then become fulltime on November 15th. Mr. Thornton presented his report on the failure of pump equipment at the Wastewater Treatment Plant and recommended along with Mr. Chrissakis the need for immediate replacement of these MINUTES - MORRO BAY CITY COUNCIL October 23, 1978 Regular Meeting Page Eight pumps. He further suggested that the normal bidding procedure be eliminated and that the purchase be started directly. Mr. LeSage instructed the Council that if the bidding process was eliminated and it were proven that this situation was not an immediate health problem to the City, the Council could be liable. MOTION: Mayor Shelton moved that authority be given to go ahead with the bid process for the pump equipment. The motion wasseconded by Councilman Reasor and carried with Councilman Harmon voting no. MOTION: Mayor Shelton moved that the meeting be adjourned to a Special meeting scheduled for November 6, 1978 and returned to regular session. The motion was seconded by Councilman Reasor and unanimously carried. The meeting adjourned at 12:30 A.M. Recorded by: CARL J. THORNTON i�9cC1�Ld71� FV By: Sharon Lill Deputy City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL October 9, 1978 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR 1. Minutes of the regular meeting of September 25, 1978 2. Expenditure Report, 9-1-78 through 9-30-78 (RECOMMEND APPROVAL) 3. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 4. Approval of agreement to hire Interim City Administrator B. HEARINGS, APPEARANCES AND REPORTS 1. Continuation of the Public Hearing on the Circulation Element 2. Request by Morro Bay P.T.A. to reinstate funds for a Crossing Guard 3. Request of Morro Bay Senior Citizens, Inc. for a parcel of land for construction of a Senior Community Center C. UNFINISHED BUSINESS 1. Request by Bay Ambulance Service for Increased Rates 2. City Neon, Inc. appeal.against°,censure action by City 3. Award Bid for Cleaning Digester Job No. PW78-002-34, Bid No. 8-78 D. NEW BUSINESS 1. Consideration of Appointment to fill City Council vacancy E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Administrator 0 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 9, 1978 7:30 P.M. Morro Bay Recreation Hall The meeting was called to order at 7:30 P.M. by Mayor Shelton ROLL CALL PRESENT: Councilmen Cantine, Reasor, and Mayor Shelton ABSENT: Councilman Harmon (Vacancy) STAFF PRESENT: Carl Thornton, City Administrator Michael T. LeSage, City Attorney Dave Braga, Parks and Recreation Director Bill George, Building Inspector George Chrissakis, City Engineer Bernard Zerr, Fire Chief Dick Schacht, Police Chief Sharon Lilley, Deputy City Clerk PUBLIC COMMENT 1. Charles Palmer discussed the problem of trash and garbage being dumped in back of the P. G. & E. property. He stated that perhaps it would be a good idea if dumpsters were placed along the waterfront during the summer months to accommodate the influx of tourists. Councilman Cantine suggested that this item be defer- red to the City Administrator for follow-up. The Council was in agreement with this directive. A. CONSENT CALENDAR 1. Minutes of the regular meeting of September 25, 1978 2. Expenditure Report, 9-1-78 through 9-23-78 (RECOMMEND APPROVAL) 3. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 4. Approval of agreement to hire Interim City Administrator Mayor Shelton reviewed all items on the Consent Calendar. Correspondence consisted of a letter from Carol Hallett thank- ing the City Council for the opportunity to meet with them; a resolution from the City of Compton supporting Chief Justice Elizabeth Rose Bird for the Supreme Court of California; and, a resolution from the City of South E1 Monte establishing its strong opposition to the lack of the State of California's concern for the impact of State mandated costs. MOTION: Councilman Reasor moved for the approval of the Consent Calendar, Items A-1 through A-3 and specified that Item A-4 be approved with authority being given to the Mayor and City Clerk to sign the agreement to hire the Interim City Administrator. The motion was seconded by Councilman Cantine and unanimously carried by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Continuation of the Public Hearing on the Circulation Element • i MINUTES - MORRO BAY CITY COUNCIL October 9, 1978 Regular Meeting Page Two Mayor Shelton stated that -at the last City Council meeting it was decided that the Council would go back and study the existing Land Use Element. After examination of the Land Use Element, he felt it was difficult to approve the Circulation Element until we have a Land Use Element that is more consistent with the needs of Morro Bay. Mayor Shelton asked that the Circulation Element be deferred until the Local Coastal Planner is hired and until such time that he has an opportunity to revamp the Land Use Element. MOTION: Mayor Shelton moved that the Circulation Element be deferred until the Local Coastal Planner is brought on board and he can review the Land Use Element. The motion was seconded by Councilman Cantine and was unanimously carried by roll call vote. 2. Request by Morro Bay P.T.A. to reinstate funds for a Crossing Guard Roxanne Gerber, representing the Morro Bay P.T.A., stated that a crossing guard was desired at Shasta and Morro Bay Boulevard. because of the lack of busing and of 4-way stop signs on Morro Bay Boulevard. A petition was presented to the Council supporting this request. Mayor Shelton opened the Public Hearing to the public for their comments. Pat Brauer stated that she felt that most of the children cross- ed at Napa or Monterey Streets and that perhaps the crossing guard should be moved down one.blobk. Councilman Cantine asked if it were feasible to get all of the children at one crosswalk for crossing. Mrs. Gerber stated that other crossing areas had been considered, but that the crossing guard at Shasta and Morro Bay Boulevard was the greatest need. Councilman Reasor asked if it was the City's responsibility to provide this service. Mike LeSage, City Attorney, stated that he had conducted some research into this area and that the City could adopt a volunteer program. Bruce Risley, Citizen's Action League, spoke in favor of the crossing guard request and stated not only was it a problem for children crossing Morro Bay Boulevard, but was a problem for all people. Mr. Risley stated that the Piney Way District Committee conducted a safety survey which showed overwhelming support for traffic control by means of a 4-way stop at Shasta and Morro Bay Boulevard.' Mayor Shelton asked if they had met with the Public Works Director. Nancy Culver stated that she was waiting for the new Public Works Director to begin his job on November 1, 1978. Bob Pilcher discussed the possibility of other alternatives being considered besides the crossing guard. Mayor Shelton stated that these alternatives would be discussed with the new Public Works Director in a meeting with the Piney Way District Committee. Councilman Reasor stated that the Council was misled during the budget hearings because they were told that it was the responsi- bility of the school to provide this protection for the children. He also stated that he feels that the City Council should rein- state this crossing guard as an interim measure until the Piney Way Committee, Mrs. Gerber and Ms. Metz (Morro Bay PTA), and the �J MINUTES - MORRO BAY CITY COUNCIL October 9, 1978 Regular Meeting Page Three new Public Works Director are able to arrange a meeting to discuss these matters. Chief Schacht stated that a traffic survey report was completed in September 1977, which indicated a split between Shasta and Piney Way and the need for stop signs on Morro Bay Boulevard. Councilman Cantine stated that the funds for a cross- ing guard was taken out of the budget on the recommendation of the last City Manager because it was the only allocation for such an expenditure. Councilman Cantine feels that stop signs are not honored at Shasta Street and further agrees with Councilman Reasor that some interim measure needs to be taken. Mrs. Gerber stated that the P.T.A. had discussed the possibility of a volunteer program and that they had vetoed the idea. MOTION: Councilman Cantine moved that the City Administrator be authorized, on a temporary basisk to reinstate the funds for a crossing guard at Morro Bay Boulevard. The motion was seconded by Councilman Reasor and unan- imously carried by roll call vote. Authorization was given for the transfer of funds from the unobligated reserve. 3. Request by Morro Bay Senior Citizens, Inc. for a parcel of land for the construction of a Senior Community Center Mollie Bruno, President of Morro Bay Senior Citizens, Inc., presented her report to the Council. She thanked the Council for the opportunity to speak before them. She stated that they were requesting a firm assurance from the City Council that, when pos- sible, a parcel of land for the construction of a Senior Citizens Community Center would be approved. Bruce Risley and Howard Gaines supported this request. James Campbell spoke against this request stating that the Seniors should support their own program and should buy their own property for such a development. Milo,_Carll-� also spoke in favor of the Senior Community Center. Mr. Thornton suggested that a study committee be established consisting of at least one Councilman, one representative of the senior citizens of the City, and a representative of the adminis- trative staff, preferably from the Parks and Recreation Department. This committee would report back to the City Council with their recommendations on site locations, building size and other related construction factors. He also stated that other cities in California have not made donations of property for such uses. Councilman Cantine stated that the seniors were not asking for a transfer of title, but that the facility would remain in City property so that it would be under City ownership and support in the operation and maintenance of the facility. Councilman Cantine stated that he would like to see a structure that would satisfy the needs of the seniors and would maximize the usage of the facility for all of Morro Bay. Mr. LeSage stated that you don't have to transfer fees; you may lease the property. MINUTES - MORRO BAY CITY COUNCIL October 9, 1978 Regular Meeting Page Four MOTION: Mayor Shelton moved that a resolution be established supporting the concept that land be made available in the event that senior citizens are successful in their efforts of fund raising; and that a committee be formed to study the suggested criteria that should be identified and applied as procedure and the elements that should be examined in relating to a Senior Community Center. The motion was seconded by Councilman Reasor and was unanimously carried by roll call vote. C. UNFINISHED BUSINES 1. Request by Bay Ambulance Service for Increased Rates Mr. Thornton stated that he needs to obtain some additional information before he can complete his report for Council consid- eration. He, therefore, suggested that this item be placed forward until the next City Council meeting. MOTION: Mayor Shelton moved that this item be continued until the next regular City Council meeting. The motion was seconded by Councilman Cantine and unanimously carried. 2. City Neon, Inc. appeal against censure action by City a Mr. Thornton presented his report to Council regarding the problem in applying neon lighting to a commercial building. City Neon's contention is that they came into City Hall (Planning and Building Department) and asked Mr. Nuzum whether this installation needed any special consideration, and they feel that he told them "No, it did not". Later, however, they were told by Mr. George that this installation fell under the category of advertising and that this would require an exception permit. City Neon stated that they felt that they proceeded in good faith based upon the verbal approval of Mr. Nuzum. Mr. George, however, felt - that they had not followed his instructions in that they did not obtain an exception permit, nor did they apply for an electrical permit. Therefore, at the last City Council meeting, action was taken to correct a seemingly deliberate infraction of the City Code. Subsequent to this meeting, Mr. Thornton stated that he re- ceived a telephone call from Mr. Morman of City Neon, Inc. who indicated that he was demanding an opportunity to be heard by the City Council regarding what he felt was unfair action taken by the City Council. Mr. Morman, Vice President of City Neon, Inc., presented his report in chronological order, the happening of events which had led to this meeting. Allan Roger, Sale Representative, spoke to Mr. Nuzum regarding the installation of neon tubing and was told that an electrical permit (only) was needed which could be obtain- ed over the counter. The representative came in on another day and tried to obtain this permit; Mr. George was not available, so he was instructed by Mr. Morman to go ahead with the installation based upon Mr. Nuzum's verbal approval. MINUTES - MORRO BAY CITY COUNCIL October 9, 1978 Regular Meeting Page Five Mr. George issued a stop work order; however, the work had already been completed. Mayor Shelton then read an excerpt from the minutes of the last City Council meeting which stated the Planning Commission's interpretation of the sign ordinance. Mr. Morman further stated that City Neon was not notified of either the Planning Commission meeting or of the last City Council meeting. A discussion follow- ed. Ivan Rosenberg, Planning Commissioner, stated that he felt there had been mistakes on both sides and that he suggested that the procedure should be for City Neon to now request an exception permit from the Planning Commission and see what their decision would be. Councilman Cantine commended Mr. George for standing up for what he felt were the right procedures to follow, and for his commitment based upon the City Codes. Mayor Shelton stated that the Council was just responding to the Planning Commission's interpretation of the sign ordinance. Mayor Shelton suggested that he would like to see the action retracted which authorized a letter to be sent to the Contractor's License Board. At this point, Mr. Morman stated that he could not see anything being solved at this meeting, and that he would be contacting his attorneys regarding this matter. He asked that Sid's Place be left out of this situation as he did not want to involve his customer and felt that it would be unfair to place them in the middle. Mr. LeSage stated that the city's position was that an electrical permit was required prior to the installation of the neon tubing. He suggested that City Neon apply for an exception permit and submit this to the Planning Commission for their con- sideration; and if granted, would resolve the entire problem. However, Mr. Morman felt that this would be admitting to neon tubing coming under the sign ordinance, and he did not want to do this. RECESS: 9:15 P.M. RECONVENED: 9:26 P.M. 3. Award bid for Cleaning Digester, Bid No. 8-78 Mr. Thornton stated that the job had to be re -bid because of the requirement in the last bid process for a license. The bids were opened and the low bidder was United Liquid Waste at $14,990. MOTION: Councilman Cantine moved to award the bid to United Liquid Waste in the amount of $14,990. The motion was seconded by Councilman Reasor and was unanimously carried by roll call vote. D. NEW BUSINESS 1. Consideration of appointment to fill City Council vacancy Councilman Reasor stated that he had interviewed all of the candidates and had spent several hours in doing so. However, he • C� MINUTES - MORRO BAY CITY COUNCIL October 9, 1978 Regular Meeting Page Six felt that this vacancy should be filled by someone,from the business community; and, therefore, he was placing into nomina- tion Ivan Rosenberg. Mayor Shelton stated that all of the candidates being con- sidered would do an excellent job in serving the citizens of Morro Bay. He also commented that Mr. Rosenberg's record on the Planning Commission serves as a good example. The -candidate he wished to nominate for consideration has been an asset to the community ever since he moved to the area, and he has been in- volved in the decision making process of the Planning Commission. Therefore, he wished to place into nomination the name of the candidate he wished to nominate for consideration, Paul Kelsay. Concilman Cantine stated that he has never seen such an out- standing group of candidtes to choose from for one vacancy, and that he would not hesitate to appoint any of the top three (3) people to fill this vacant Council seat. He stated that'he would have still another selection for nomination but under the circumstances, he would second Councilman Reasor's nomination of Ivan Rosenberg. Mayor Shelton stated that since Ivan Rosenberg had received a consensus of the Council, he declared Council acclamation in the appointment of Ivan Rosenberg. MOTION: Mayor Shelton moved that Ivan Rosenberg be appointed to the City Council. The motion was seconded by Councilman Reasor and unanimously carried. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council Councilman Reasor stated that he wanted to clarify his feel- ings on City Neon, and compliments Mr. George in his forthright- ness. He also explained the intention of the letter (to Contractor's License Board) was to state that an opportunity to comply with the City Ordinance was provided and that they chose not to comply. 2. City Attorney Mr. LeSage reminded the Council that Ivan Rosenberg must sub- mit a Statement of Economic Interest before he takes office. Councilman Cantine stated by the appointment of Ivan Rosenberg to the City Council, this advances the need for a Planning Commissioner. MOTION: mayor -Shelton moved that staff be directed to begin the process of Public Hearing for the selection of a new Planning Commissioner. The motion was seconded by Councilman Reasor and unanimously carried. 3. City Administrator Mr. Thornton discussed the Cease and Desist Order issued by the Regional Water Quality Control Board. Approval was given by the Council to employ an engineering firm to conduct a study. • E MINUTES - MORRO BAY CITY COUNCIL October 9, 1978 Regular Meeting Page Seven James Montgomery Engineering was hired to conduct a prelim- inary survey and make a report having to do with their opinions in meeting the:,demands made by the local W.Q.C.B. as to the stabilization of our effluent from our sewage plant. This report was made and sent to Mr. Ken Jones on September 25th. Last week we met with Mr. Leonard of the local W.Q.C.B. and Mr. Neary, representing James Montgomery Engineering, to discuss this report. The reception and the attitude toward the report by the staff of the W.Q.C.B. indicates that we are not going to be charged with any major additional expenditures. The discussion of this meeting led to obtaining additional information and the development of existing information with some minor changes to the physical facility itself. Mr. Chrissakis reported on these physical changes. Councilman Cantine asked Mr. Thornton the possibility of lifting the moratorium on sewer hook-ups. Mr. Thornton stated that first we must analyse and test our system and then we must go back to the W.Q.C.B. within 30 days for further direction. Our Cease and Desist Order cannot be heard before the board until January or February, and we expect, upon the recommendation of their staff, that the Cease and Desist Order will be lifted. Mr. Thornton stated that he had also received from Montgomery Engineering a proposed extended contract for controlled sampling and testing of our system. The amount;for_theproposed work to be completed on the statement received was for $9,650 (maximum rate). After discussion of the fees, it was decided to carry this item over•to the next meeting for continued consideration. Mr. Thornton requested an executive session to discuss personnel matters. MOTION: Mayor Shelton moved to adjourn to executive session. The motion was seconded by Councilman Reasor and unanimously carried. The meeting adjourned to executive session at 10:05 P.M. and returned to regular session at 10:45 P.M. MOTION: Mayor Shelton moved that the meeting be adjourned and returned to regular session. The motion was seconded by Councilman Reasor and unanimously carried. The meeting adjourned at 10:45 P.M. Recorded by: CARL J. THORNTON By: Sharon Lilley Deputy City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, September 25, 1978, at 7:30 P.M., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, for the purpose of considering final adoption of Revenue Sharing Funds for FY 1978/79 at which said hearing any person interested may appear and express his views for, against, or in modification of said subject. DATED: September 11, 1978 EUGENE R. SHELTON, Mayor City of Morro Bay, California By: Carl Tho nton, City erk 0 CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL September 25, 1978 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR 1. Minutes of the adjourned regular meeting of September 5, 1978 2. Minutes of the regular meeting of September 11, 1978 3. Minutes of the executive meeting of September 11, 1978 4. Expenditure Report, 8-1-78 through 8-31-78 (RECOMMEND APPROVAL) 5. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 6. Resolution No. 56-78 approving renewal of the Comprehensive Employment and Training Act of 1973 Work Site Agreement with the County of San Luis Obispo (C.E.T.A.) (RECOMMEND ADOPTION) 7. Resolution No. 57-78 approving extension of Sublease on Lease Sites No. 86 and 86W (MB 20) H. L. Yocum & Sons (RECOMMEND ADOPTION) B. HEARINGS, APPEARANCES AND REPORTS 1. Public Hearing on an appeal from Red & Reamer Construction Company from Planning Commission denial of a Variance at 590 Dawson Street, Morro Bay 2. Public Hearing on Revenue Sharing and Budget Adoption FY 1978/79 C. UNFINISHED BUSINESS 1. Carollo Engineers to present final draft of the Carollo Report 2. Renewal of Lease Site No. 37W.(Meyer) - Staff report on County vs City Lease D. NEW BUSINESS 1. Request for change in uses, Lease Site No. 8 (62 & 62W), 551 Embarcadero, Morro Bay 2. Appeal of City Neon, Inc. from Planning Commission's interpretation of Sign Ordinance 3. Award Bid to United Liquid Waste Inc. Job No. PW78-002-34 Cleaning Digester Bid No. 7-78 4. Request transfer of funds ($609.00) from unobligated reserves -to: Engineering.forapplicaton fee for Waste Discharge Permit 5. Request by Bay Ambulance for increased rates E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 25, 1978 Morro Bay Recreation Hall The meeting was called to order at 7:30 P.M. by Mayor Shelton. ROLL CALL PRESENT: Councilmen Cantine,iHarmon, McGuire, Reasor and Mayor Shelton ABSENT: None STAFF PRESENT Carl Thornton, City Administrator Michael T. LeSage, City Attorney' Dave Braga, Parks & Recreation Director Bill George, Building Inspector Bernard Zerr, Fire Chief Dick Schacht, Police Chief Sharon Lilley, Deputy City Clerk George Chrissakis, City Engineer PUBLIC COMMENT 1. Lila Keiser presented a summary of the study done on Health Systems Plan and the need for additional Health Care Services in the County. She also suggested the need for a health clinic and emergency hospital facilities. She also presented to the City Council a listing of the County Health Department Clinics which are currently providing services in Morro Bay. Mrs. Keiser'also discussed the article in the Telegram Tribune re- garding Peter Diffley and his representation of the City at a meeting held in San Luis Obispo on the sanitary problems at the wastewater treatment plant. She felt that the City Council should represent themselves. Mayor Shelton stated that no other staff was available at the time to attend this meeting; therefore, Mr. Diffley attended as the Chairman of the Environmental Resources Committee and was there principally to provide information that might be of assistance. Mayor Shelton stated that possibly there was an error made in the misquote of the newspaper stating that Mr. Diffley represented the City of Morro Bay. 2. Elizabeth Fisher stated that drivers are constantly vio- lating the right-of-way of pedestrians in the crosswalk. She feels that this problem is even more hazardous to the elderly citizens who are unable to move quickly across the street.- She questioned whether the Police Department was issuing any tickets for this type of violation, and added, that there needed to be better enforcement for the protection of the pedestrian. Dick Schacht, Police Chief, stated that he was not prepared to comment on this matter. However, whenever a police car is in view, drivers obey the laws making it difficult to site the vio- lators. He did state that citations are given for this violation and that he would look into this problem. Nancy Culver also spoke in agreement with Elizabeth Fisher and the problem of pedestrian right-of-way, and the many viola- tions that occur. MINUTES - MORRO BAY CITY COUNCIL September 25, 1978 Regular Meeting Page Two A. CONSENT CALENDAR 1. Minutes of the adjourned meeting of September 5, 1978 2. Minutes of the regular meeting of September 11, 1978 3. Minutes of the executive meeting of September 11, 1978 4. Expenditure Report, 8-1-78 through 8-31-78 (RECOMMEND APPROVAL) 5. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 6. Resolution No. 56-78 approving renewal of the Comprehensive Employment and Training Act of 1973 Work Site Agreement with the County of San Luis Obispo (C.E.T.A.) (RECOMMEND ADOPTION) 7. Resolution No.57-78 approving extension of Sublease on Lease Sites No. 86 and 86W (MB 20) H. L. Yocum & Sons (RECOMMEND ADOPTION) Mayor Shelton reviewed all items on the Consent Calendar. Correspondence consisted of a letter from the Pacific Telephone and Telegraph Company regarding the new addition of a mobile phone center; and.a letter from the Criminal Justice Administrators Association of San Luis Obispo County and recent legislation that would preclude the County from sharing in money provided to improve and operate its juvenile and adult offender programs. Mr. Thornton, City Administrator, advised Council that the City had received recent notification that the C.E.T.A. program would no longer be paying for P.E.R.S. benefits (retirement) for those candidates in the program. Mr. Thornton stated that this would be an additional 7% cost to the City, but his recommendation was that the City absorb this cost. Council agreed. MOTION: Mayor Shelton moved for the approval of the Consent Calendar, Items A-1 through A-7. The motion was seconded by Councilman Harmon and was unanimously carried by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Public Hearing on an appeal from Red & Reamer Construction Company from Planning Commission denial of a Variance at 590 Dawson Street, Morro Bay Ivan Rosenberg, Planning Commissioner, discussed his feelings and concerns of the Planning Commission's decision to deny a Variance. He stated that his initial reaction was that perhaps the Ordinance needed to be amended. However, after considering all of the factors involved, he feels the Ordinance is very clear in its meaning. The sideyard setback is needed for fire protection requirements as stated in the Fire Code. Councilman Reasor stated that in a letter received from Red & Reamer Construction Company on August 22, 1978, reference is made to the City Zoning Ordinance (Section 17.48.120), which so states that fireplaces may extend not closer than three feet to any,side lot line. Therefore, Councilman Reasor feels that the decision of the Planning Commission is consistent with this ordinance. MINUTES - MORRO BAY CITY COUNCIL September 25, 1978 Regular Meeting Page Three MOTION: Mayor Shelton moved that the appeal for a Variance be denied based upon the Planning Commission's decision and because there had been no hardship demonstrated. The motion was seconded by Councilwoman McGuire and was unanimously carried by roll call vote. 2. Public Hearing on Revenue Sharing and Budget Adoption FY 1978/79 Mr. Thornton presented his summary report on the final budget. He stated that an error had been discovered in one portion of the budget in the transfer of money from one section of the budget to another, and in order to present a balanced budget, money had to be transferred from unobligated reserve ($105,000). This action had no prior approval by Council, and Council may or may not agree with the action taken. Mr. Thornton stated that he took the action to correct the error. Mayor Shelton stated that he had some questions regarding the Departmental Budgets (page 6) under Sanitary and Water Department. He stated that $32,677 had been approved for the Enterprise Fund under the Water Department and that $59,549 had been approved under the Enterprise Fund for the Sanitary Department (Sewer). Mr. Thornton clarified this area by stating that the Water and Sewer Enterprise Funds are partially supported by the General Fund, thus creating no increase in the budget. Mayor Shelton opened the Public Hearing to the public to consider their comments on the Revenue Sharing portion of the budget. There was no public comment. The Public Hearing was closed to the public. Councilwoman McGuire discussed.the request from People Self - Help Housing for $2,000 from the Revenue Sharing Funds. She stated that this request had not been included in the budget and feels that it is a very worthwhile.organization. The Council was in agreement with this request. Mayor Shelton stated that this additional deduction for the People Self -Help Housing would then reduce the total Revenue Sharing Funds from $139,915 to $137,915. This reduced amount would then be obligated in lieu of a portion of the existing match- ing general funds for the wastewater treatment upgrade, expansion outfall project. MOTION: Mayor Shelton moved that Revenue Sharing Funds for FY 1978/79 be approved in the amount of $137,915 and that these funds be obligated to the wastewater treatment upgrade, expansion, outfall project. The motion was seconded by Councilman Reasor and was unanimously carried by roll call vote. A discussion followed on the total budget proposal. Councilman Reasor discussed Mr. Thornton's recommendation to transfer $105,000 from unobligated reserves to correct an error, thus creating a balanced budget. Councilman Reasor stated that MINUTES - MORRO BAY CITY COUNCIL September 25, 1978 Regular Meeting Page Four he had no problem with this action. However, he would request that approximately $250,000 be maintained in the unobligated reserve funds for any future unforeseen expenditures that might arise. He further recommended that the $100,000 allocated under Capital Improvements for the Elena Street paving project be frozen and that no action or involvement be taken at this time. Councilman Reasor stated that he would like to see either this money be held for the Capital Improvement allocation at a later date, or transfer this $100,000 back to unobligated reserve. Councilman Cantine stated that he had talked with the City Engineer regarding possible capital improvements within the City. He said that there were many streets in North Morro Bay that were in need of repair. Councilman Cantine also stated that he felt perhaps that there were other areas that could better facil- itate the usage of the Elena Street paving project funds. He suggested that the allocated funds for the Elena Street project be placed back into the unobligated reserve funds and when pos- sible, would take this paving project under consideration. Councilman Cantine also discussed the need to have a quarterly or semi-annual review of the budget. MOTION: Councilman Cantine moved that we maintain approximately $250,000 in unobligated reserves and that we return $100,000 from the Elena Street paving project to the unobligated reserve funds. The motion was seconded by Councilman Harmon and unanimously carried. Councilman Cantine stated that he hoped with the staffing of the new Public Works Director, that he would make as one of his first priorities, a survey of the needed capital improvements for the City. Councilman Cantine stated that he hoped in the future, the capital improvements priorities will reflect the needs of the citizens. Councilman Cantine also stated that the error was made in the transfer of funds from one portion of the budget to another, which was caused under the previous administration and their in- adequate bookkeeping system. Steps are now being initiated to develop a double entry bookkeeping system which would preventtthis type--ofcerror from occurring in the future. MOTION: Councilman Harmon moved that Resolution No. 58-78 be read by title only. The motion was seconded by Councilman Cantine and unanimously carried. Mr. Thornton read Resolution No. 58-78 by title only. MOTION: Councilman Cantine moved that the Budget for FY 1978/79 be approved. The motion was seconded by Councilman Reasor and unanimously carried by roll call vote. MINUTES - MORRO BAY CITY COUNCIL September 25, 1978 Regular Meeting Page Five C. UNFINISHED BUSINESS 1. .Carollo Engineers to Present Third and Final Draft of the Carollo Report John Johnson and Howard Way of Carollo Engineers presented a summary of the draft copy of the E.I.R. report and the revenue report of the third and final draft of the Carollo report. The recommendation of the report is to upgrade existing facilities, including the addition of the Carrousel Process for treatment and the use of a truncated reclamation scheme for disposal. An assumption of the revenue report, is that the up -front money needed locally will be available when you need it. Carollo Engineers will continue to push for the innovative process, which would provide an additional 10% money. The State has just devel- oped the guidelines for this innovative process, which should provide the needed assistance in trying to obtain this additional money. The date for Public Hearing has been set for October 23, 1978, and public input is encouraged. The required 45-day review period for the project is set to begin on September 28, 1978, and the hearing will close on November 13, 1978. Detailed draft re- ports will be available for review at the Morro Bay Public Library, Morro Bay City Hall, Cayucos Sanitary District Office, and the Cayucos Public Library. Councilman Cantine stated that at a Regional Water Quality Control Board meeting, it was stated that the City Council could review Phase I before going ahead with Phase II. Mr. Johnson stated that the City would have to justify any changes to Carollo Engineers before they would go back and consider any of these re- quested changes. MOTION: Mayor Shelton moved that the third and final draft of the Carollo Report be approved and that the re- quired 45-day review period be initiated. The motion was seconded by Councilmam Harmon and unanimously carried by roll call vote. 2. Renewal of Lease Site No. 37W (Meyer) - Staff report on County vs City type Lease.. Mr. Thornton stated that there was a considerable difference between the fees charged for the County lease and the fees for the City type lease. The County fee was $432 yearly and the City lease was $2,533 yearly. Mr. Thornton stated that he had received a letter from Mr. Meyer thanking the City for consideration of his lease renewal and also providing some background financial infor- mation on the proposed lease improvements. Mr. Thornton stated that prior to the City granting an extension of the lease, we need some assurance that the money will be used for the improve- ments as indicated. He added that this stipulation should be•,a condition of the lease. Mr. LeSage stated that the County would have to assess the improvements. He also recommended that a condition of the lease include a clause that if the proposed improvements are made and the money spent as presented, we will renew the lease. MINUTES - MORRO BAY CITY COUNCIL September 25, 1978 Regular Meeting Page Six MOTION: Councilman Cantine moved that the City Administrator be directed to negotiate with Mr. Meyer a provisional extension of the lease to extend for a period of 15 years. The motion was seconded by Mayor Shelton and unanimously carried by roll call vote. D. NEW BUSINESS 1. Request for change in uses, Lease Site No. 8, 551 Embarcadero, Morro Bay Mr. Thornton presented his report and stated that the pro- posal is a "concept of lease" only. He recommended that Council approve the concept pending further action requiring lease changes and building permits which would indicate the final de- tails of use and design. Mr. Hittle was present and stated that he had nothing to add because it was a concept only. Councilman Cantine stated he had discussed this lease with the Acting Planning Director. He stated that there were several items of consideration that were not covered by the Planning Commission's concept approval. Councilman Cantine reported that he would endorse Mr. Hittle to continue to explore what he would like to propose for the lease. Mr. Hittle stated he only wanted approval for the change in uses as presented, and that he would return with the specific details of the proposed uses. MOTION: Councilman Cantine moved that the City Council endorse the memorandum from the Planning Commission of August 31, 1978, which states the proposed changes of use which are being recommended. The motion was seconded by Mayor Shelton and unanimously carried. 2. Appeal of City Neon, Inc. from Planning Commission's interpretation of Sign Ordinance Mr. George presented his report on the Planning Commission's interpretation of the sign ordinance. The Planning Commission stated that neon tubing did constitute advertising and an excep= tion permit and a'Public Hearing would be required. MOTION: Mayor Shelton moved that the appeal by City Neon, Inc. be denied based upon the Planning Commission's inter- pretation of the Sign Ordinance, Section 14.64.340. The motion was seconded by Councilman Harmon and unan- imously carried. Councilman Harmon also suggested that there should be a second action taken that would penalize City Neon, Inc. for going ahead with the installation without a permit from the City. Mr. LeSage discussed the legal ramifications and possible alternatives. Councilman Reasor suggested that a letter be sent to City Neon, Inc. stating our displeasure with their actions. Councilman Cantine also suggested that a copy of that letter be mailed to the Contractor's License Board. MINUTES - MORRO BAY CITY COUNCIL September 25, 1978 Regular Meeting Page Seven MOTION: Councilman Reasor moved that the City Administrator be directed to send a letter to City Neon, Inc. stating. our displeasure with their action taken in ignoring the direction given by the Acting Planning Director that a building permit was required before going ahead with the installation of the sign, and that a copy of same be sent to the Contractor's License Board. The motion was seconded by Councilman Harmon and was unanimously carried. . . Recess: 8:52 P.M. Reconvened: 9:15 P.M. 3. Award Bid to United Liquid Waste Inc. - Cleaning Digester Bid No. 7-78 Mr. LeSage stated the City required a licnese as a condition of the bid proposal. This information was received from the Contractor's License Board which indicated a C-42 license would be required. Mr. LeSage stated that he did not think that one was required as indicated. Mr. LeSage discussed this matter with Mr. Chrissakis, and the conclusion was to reject all bids and readvertise with the elimination of the license requirement. MOTION: Mayor Shelton moved that on September 28, 1978, that we reject all bids and readvertise for another bid process, and that on October 9, 1978, that the bid results would be presented at the City Council meeting for consideration and award. The motion was seconded by Councilman Harmon and unanimously carried by roll call vote. 4. Request for Transfer of Funds ($609.00) from Unobligated Reserves to Engineering for Application Fee for Waste Discharge Permit. Mr. Thornton stated that Mr. Jones of the Regional Water Quality Control Board stated that it is required that we file our report with them prior to October 1, 1978. There is a filing fee of $609.00 which is also required at this time for filing this report. Therefore, Mr. Thornton requested the approval of the transfer of this amount from unobligated reserve to the Sanitary Dept. to cover this required expenditure. MOTION: Councilman Reasor moved that this request for a transfer of funds be approved. The motion was seconded by Councilman Cantine and unanimously carried by roll call vote. 5. Request by Bay Ambulance Service to Increase Rates Mr. Thornton stated that he has not had an opportunity to consider this request and in particular, to discuss this with the County of San Luis Obispo. He said that his recommendation was to postpone this matter for consideration at this time which would provide him with additional time to further investigate this request. Mr. Thornton stated that he would make a presentation at the next City Council meeting (October 9, 1978). The Council was in agreement with Mr. Thornton's recommendation. u MINUTES - MORRO BAY CITY COUNCIL September 25, 1978 Regular Meeting Page Eight E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council Mayor Shelton stated that a National Award, the Tom Fillburt Award, had been given to Gladys Walton for Golden Era Movies., Mayor Shelton suggested that this award recognition be placed on the agenda in one month. Councilwoman McGuire read her letter of resignation in its entirety. Mayor Shelton thanked Ms. McGuire for her efforts while serving on the City Council. Councilman Reasor stated that she added an element of balance to the Council. Councilman Cantine wished Ms. McGuire the best of wishes. Councilman Harmon stated that the Police Department sign is in a state of disrepair because it is not lighted at night. He said that it makes locating the Police Department very difficult. The Police Chief stated that it was because of budget cuts that the sign was not lighted. Councilman Cantine asked the Police Chief how much it cost to light the sign. Chief Schacht stated that he did not know the exact costs. Mayor Shelton directed the Police Chief to look into this matter and report back to the Council. Councilman Reasor discussed the City Council vacancy created by the resignation of Shirley McGuire. A discussion followed as to the procedure that would be followed for the selection process. Mayor Shelton and Councilwoman McGuire stated that they wanted the candidates to be presented at the next Council meeting and to be interviewed by the Council in an open meeting and then a decision made forthwith. Mayor Shelton stated that,the "town hall" approach to local government has been the policy of this new Council providing for many public hearings to hear the comments and receive the input from the citizens. Councilman Cantine, Reasor and Harmon felt that the decision should be made by the City Council. MOTION: Councilman Cantine moved that the City Administrator be directed to place on the agenda, for the next regular meeting, the appointment of a replacement for Councilwoman McGuire's unexpired term. The motion was seconded by Councilman Reasor and carried by roll call vote with Mayor Shelton and Councilwoman McGuire voting no. Mr. Campbell commented on the decision to appoint a replace- ment for the vacant City Council seat as opposed to filling the vacancy by the election process. He feels that too many govern- ment seats are being filled by appointment rather than be the choice of the people through an election. Mr. LeSage discussed all of the alternatives and options open to the Council. MINUTES - MORRO BAY CITY COUNCIL September 25, 1978 Regular Meeting -Page Nine 2. City Attorney Mr. LeSage stated that the hearing for the back -pay for the Peace Officers has been postponed, but stated that he would keep the City Administrator informed on its progress. 3. City Administrator Mr. Thornton announced that an acceptable applicant had been decided upon for the vacant position of Public Works Director. He had only one problem with relocating to this area and that is the expense of moving and the cost of housing. Mr. Thornton suggested that $500 be granted for moving expenses. Councilman Cantine stated that he would be willing to approve $1,000 for moving expenses. MOTION: Mayor Shelton moved that we direct staff to transfer $500 from unobligated reserve to assist the new Public Works Director with moving expenses. The motion was seconded by Councilman Cantine and unanimously carried by roll call vote. Mr. Thornton discussed the'Cease_-and"Des's.t::Orderaaddttthe' report done by Montgomery Engineers. He stated that the report had been delivered to the San Luis Obispo office of Montgomery Engineers. Mr. Thornton was now asking Council for the authority to meet with Mr. Jones, Executive Director of the Regional Water Quality Control Board, to discuss the first phase response and then to see what is desirable next. The Council authorized and gave direction to Mr. Thornton to follow through with this action. Mayor Shelton recognized the newly appointed Director of the Chamber of Commerce, Mr. Al Schwartz. 1' MOTION: Mayor Shelton moved that the meeting be adjourned until the next regular meeting. The motion was seconded by Councilman Reasor and unanimously carried. The meeting adjourned at 10:18 P.M. Recorded by: CARL J. THORNTON, City Clerk By: Sharon Lilley Deputy City Clerk 0 0 CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL September 11, 1978 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR 1. Minutes of the adjourned regular meeting of August 29, 1978 2. Minutes of the adjourned regular meeting of August 22, 1978 3. Minutes of the regular meeting of.August 28, 1978 4. Minutes of the executive meeting of August 28, 1978 5. Minutes of the regular meeting of August 14, 1978 6. Minutes of the executive meeting of August 14, 1978 7. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 8. Resolution No. 54-78 approving renewal of United States Coast Guard Lease #DOT-CG12-5877 for the period October 1, 1978 through September 30, 1979 (RECOMMEND ADOPTION) 9. Resolution No. 55-78 approving renewal of United States Coast Guard Lease #DOT-CG12-5878 for the period October 1, 1978 through September 30, 1979 (RECOMMEND ADOPTION) B. HEARINGS, APPEARANCES AND REPORTS 1. Public Hearing on the Circulation Element of the General Plan C. UNFINISHED BUSINESS 1. Carollo Report on Carrousel Process 2. Set Date for Revenue Sharing and Budget Adoption D. NEW BUSINESS 1. Consideration of Water Equivalency Allocation for Expansion of Morro Bay High School 2. Renewal of Lease Site No. 37W 3. Appeal of Cabrillo Enterprises from Planning Commission denial of restaurant expansion Lease Site No. 82-85, 82W-85W E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Administrator J MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 11, 1978 7:30 P.M. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Shelton. ROLL CALL PRESENT: Councilmen Harmon, Reasor, Mayor Shelton ABSENT: Councilmen Cantine, McGuire STAFF PRESENT Carl Thornton, City Administrator Michael T. LeSage, City Attorney Dave Braga, Parks & Recreation Director George Chrissakis, City Engineer Bernard Zerr, Fire Chief Bill George, Building Inspector Sharon Lilley, Deputy City Clerk PUBLIC COMMENT 1. Cindy Austin represented the Piney Way District Organization of Cal, and discussed the results of a Traffic Safety Survey which was conducted. In this report, five (5) recommendations were made: (1) Stop signs both eastbound and westbound on Morro Bay Boulevard at Piney Way; (2) A stop sign eastbound on Morro Bay Boulevard at Kern; (3) A stop sign in left turn lane on Morro Bay Boulevard for turn onto Kern; (4) A stop sign westbound on Morro Bay Boulevard at Kern; and, (5) A;stop sign westbound on Morro Bay Boulevard at Quintana. It was also noted by Ms. Austin that several additional comments were received from those participating in the survey. The most frequent comments being the difficulty of crossing Morro Bay Boulevard and the speed of traffic on Morro Bay Boulevard. Mayor Shelton suggested that a meeting be arranged with the new Public Works Director to discuss this survey and the feasibility of the recommendations of the Piney Way District Organization of Cal. 2. Bruce Risley, Citizens Action League, was appointed as the Chairman of a committee to study problems with citizens who vote outside their neighborhood precincts. He stated that the worst occurrence was in north Morro Bay. Mr. Risley stated that County Clerk Misbeth Wollam had solved several problem areas but that she had also created some additional problems by moving some polling places even further away from local neighborhood precincts. He stated that the Citizen's Action League had written a letter to the County Clerk asking for consideration in this matter. MOTION: Mayor Shelton moved that staff be directed to write a letter to Misbeth Wollam, County Clerk, asking that policy on neighborhood voting precincts be established. The motion was seconded by Councilman Reasor and unan- imously carried. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 11, 1978 Page Two A. CONSENT CALENDAR 1. Minutes of the adjourned regular meeting of August 29, 1978 2. Minutes of the adjourned regular meeting of August 22, 1978 3. Minutes of the regular meeting of August 28, 1978 4. Minutes of the executive meeting of August 28, 1978 5. Minutes of the regular meeting of August 14, 1978 6. Minutes of the executive meeting of August 14, 1978 7. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) S. Resolution No. 54-78 approving renewal of United States Coast Guard Lease #DOT-CG12-5877 for the period October 1, 1978 through September 30, 1979 (RECOMMEND ADOPTION) 9. Resolution No. 55-78 approving renewal of United States Coast Guard Lease #DOT-CG12-5878 for the period October 1, 1978 through September 30, 1979 (RECOMMEND ADOPTION) Mayor Shelton reviewed all items on the Consent Calendar. MOTION: Councilman Harmon moved for the approval of all items on the Consent Calendar. The motion, was seconded by Councilman Reasor and unanimously carried by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS B-1 Public Hearing on the Circulation Element of the General Plan Owen Menard and Roy Bruckner, presented their report on the Circulation Element of the General Plan. Mr. Menard stated that this element is one of nine (9) elements to the General Plan and that this plan was mandated by the State of California. A decision was made not to include a traffic engineer in the development of this plan, therefore, some related factors are not reflected in this plan. He also noted that street widths are now less than what was originally recommended in the General Plan. Traffic volume has been incorporated into the General Plan; however, some improvements and modifications are needed. Mr. Menard also pointed out that a Circulation Element is always controversial. This Element should be looked at as a "wish list". There were four (4) major types of streets discussed in this element: (1) State Highways and Freeways; (2) Major Streets; (3) Collector Streets; and, (4) Landscape Collector System. He also cautioned that very careful consideration be given to the mall concept. A one-way traffic flow was also proposed for the downtown area. Another suggestion was the closures of some streets which would get some land back onto the tax rolls and would provide an ability to move around the city a little easier. This is the last Element of the General Plan for Public Hearing. Comments were heard from Don Bailey, M'May Diffley, Dorothy Cutter, Mrs. Hayes, Austin Brumley, Nancy Dunn regarding the recom- mendations of this element. Mayor Shelton summarized the recommenda- tions made by the Planning Commission. Councilman Reasor stated there had been talk of closing off the entrance into the State Park (Main Street) if the traffic flow got too heavy. Dorothy Cutter stated that the State had several alternative plans to implement if this traffic flow problem increased. Councilman Harmon asked Mr. Menard the potential life of the plan. Mr. Menard stated that the plan should be reviewed each year by the Planning Commission and MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 11, 1978 Page Three updated with changes as they occur. He also stated that this should be an annual and on -going process. Councilman Reasor stated that he felt very strongly about not widening Main Street. He felt that it was narrow for a purpose; to slow down traffic to enjoy the scenic beauty. Mayor Shelton asked how the City was tied to this Element. Mr. Menard stated that the legal ramifications required a Circulation Element to the General Plan in order to proceed with any street im- provements. Mayor Shelton discussed the Central Urban Design Theme. Discussion followed on the suggestion that traffic be slowed down while going through town. However; it was pointed out by Mr. Bruckner that the slower the traffic the more air pollution occurs from auto emissions.,,, and that you also reach your ultimate road capacity sooner if road narrows and if there is increased traffic. Mayor Shelton said that he appreciated all of the many alterna- tives that were presented by Mr. Menard and his associates. Mr. Menard pointed out to the Council that this element was based upon the Land Use Element adopted 6-8 months ago by the previous Council. Councilman Harmon stated that he is not sure Morro Bay is ready for nor can we afford Major Streets and Landscape Collectors. He does not feel Morro Bay needs to have four -lane streets. Councilman Reasor is not in favor of the Planning Commission recommendation to slow traffic down from the Embarcadero to Olive Street and feels that Olive Street should not be extended. Mayor Shelton suggested that Council review the Land Use Element to see how it relates to the Circulation Element. He stated that he would prefer to extend the Public Hearing to one more meeting to In- clude the full participation of Council (2 councilmen absent). Mayor Shelton decided to continue the Public Hearing on the Circulation Element on October 9, 1978. Recess: 9:37 Reconvened: 9:53 C. UNFINISHED BUSINESS C-1 Mr. Hunt, representing Carollo Engineers, visited treatment plants in Holland; all of which utilized the Carrousel Process. The plants were automated, simplistic in design, had little odor, and had a high quality of effluent. Carollo Engineers is ready to design a Carrousel Process. Because this process is innovative, and will provide a water source for land reclamation, our funding should be increased from 87h,% to 97h8. John Johnson, Carollo Engineers, stated that a compliance schedule had been adopted. After the completion of the final Public Hearing of the Circulation Element, a completed report would be made available to the public for a 45 day reviewing period. This process would then complete the subject and the completed study would be for- warded on to the State. Councilman Harmon asked Mr. Johnson if the components for the Carrousel process were available and made within the United States. Mr. Johnson stated that replacement parts are made within the United States. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 11, 1978 Page Four Carollo Engineers will present the third and final draft of their report at the City Council meeting scheduled September 25, 1978. C-2 Set date for Revenue Sharing and Budget Adoption The date for Public Hearing on the Revenue Sharing was set at the last City Council meeting for September 25, 1978. D. NEW BUSINESS D-1 Consideration of Water.Equivalency Allocation for Expansion of Morro Bay High School Mayor Shelton stated that Morro Bay High School needs 14 additional water equivalencies to meet their expansion program. Six water equivalencies could come from the duplex allocation. However, this was decreased from 20 to 8 water equivalencies. Therefore, it is recommended that the remainrngg water equival- encies be issued from single family allocation, as there is a surplus in this area. MOTION: Mayor Shelton moved that staff allot 7.32 water equiv- alencies from the single family category and be issued to Morro Bay High School. The motion was seconded by Councilman Harmon and unanimously carried. D-2 Renewal of Lease Site No. 37W Mike LeSage, City Attorney, presents his report on the said lease. He stated that this is an old County type lease which has provisions for renewal based upon value of the improvements at the time of termination of the original terms. Under the existing lease, a $60,000 expenditure is being proposed. An expansion of $30,000 or over could result in a renewal period of thirty (30) years or less. Mr. George, Acting Planning and Building Director, gave a brief review of those improvements which are intended by the owner. The, improvements included rebuilding the bulkhead, installing toilet facilities and building new floating docks. Mr. Paul Meyer, property owner, stated that he wanted a lease that would extend long enough for him to regain his $60,000 expend- iture for improvements. He stated that a 15 year lease would accom- plish this need to recover his costs for the expended improvements. Mayor Shelton stated that the project was definitely marine re- lated and he would like to see the lease converted over to a City lease. Mr. Meyer stated his only reservation regarding this con- version is the difference in costs between a County lease and a City lease. Mayor Shelton directed staff to do an analysis on the two types of leases and would then reschedule this item for the agenda on September 25, 1978. Ralph Peters, property owner across the street in an R-1 Zone, stated that he hoped that there would be some provision in the City lease that would protect those property owners across the street from the proposed project. He felt that the landscape was really in need of improvement and that the City should consider not only the business, but also consider the esthetics and maintenance of this proposed plan. • Cl MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL September 11, 1978 Mr. George reported that the landscaping and parking lot was considered in P.D. review and then the proposal was forwarded on to the Coastal Commission for approval. Mr. Meyer stated that he wants to bring this entire area up to standards. D-3 Appeal of Planning Commission denial of Cabrillo Enterprises Request to Expand Restaurant Operation Mr. Gallo, representing Cabrillo Enterprises, presented his report asking for reversal on a Planning Commission denial to allow restaurant expansion. Mayor Shelton stated that other permitted restaurant expan- sions (Zeke's and the Fish Bowl) were expansions to existing struc- tures. The proposal by Cabrillo Enterprises would be the estab- lishment of a new structure. Mayor Shelton also pointed out that the creation of this additional structure would delete two parking spaces which is a real premium down on the Embarcadero. He also pointed out that this structure would be blocking a view corridor to the waterfront. Councilman Reasor suggested that the Council hold off making a decision on this appeal until after the Local Coastal Plan is imple- mented. Recess: 11:01 P.M. Reconvened: 11:05 P.M. Councilman Harmon stated that he did not feel that the proposed structure met the uses for the Embarcadero and feels that this is not in agreement with the terms of the lease. . Mr. Pete Gardner, owner of Rose's Landing, stated that he just does not understand this denial MOTION: Mayor Shelton moved that the appeal by Cabrillo Enterprises for restaurant expansion be denied. The motion was seconded by Councilman Harmon and was unanimously carried by roll call vote. E. INDIVIDUAL DETERMINATION AND/OR ACTION E'-1 Councilman Reasor proposed that there were budget errors in the Enterprise Fund. It was decided that he would get together with Mr. Thornton to discuss the matter for correction. Mayor Shelton stated that there was a need to appoint an Acting City Treasurer. MOTION: Mayor Shelton moved that Eleanore Goedeck be appointed as the Acting City Treasurer. Councilman Reasor seconded and unanimously carried by roll call vote. Mayor Shelton stated that consideration of the Regional Transit System was needed. He feels that the City is going beyond our share and that we should get the County involved in a transit system. E-2 City Attorney Mr. LeSage stated that a motion was needed on the application of the appeal of Cabrillo Enterprises adopting the Planning Commission's recommendation for denial. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 11, 1978 Page Six MOTION: Mayor Shelton moved that the appeal of Cabrillo Enterprises be denied based upon the adoption of the Planning Commission's recommendations. The motion was seconded by Councilman Harmon and unanimously carried by roll call vote. Mr. LeSage stated that Friday, September 15, 1978, at 8:30 A-M. had been set for the hearing on the back pay for Police Officers. Mr. Warden would testify at Superior Court. E-3 City Administrator Mr. Thornton stated he received a request from the Environmental Protection Agency regarding secondary treatment . He stated that he was asking for potential permission to decrease the level of B.O.D. and Settleable Solids in the ocean outfall in the new Morro Bay Wastewater Treatment Plant. Mr. Thornton stated that it is a simple request for information by September 25, 1978. He wanted authority from Council to file this report. MOTION: Councilman Reasor moved that the City Administrator be granted the authority to follow up on the E.P.A.'s request. The motion was seconded by Mayor Shelton and unanimously carried. Mr. Thornton stated that he had met with the Regional Water Quality Board on Friday, September 8, 1978 in Salinas. A Cease and Desist Order was issued for us to clean up our effluent by September 25, 1978. Mr. Thornton suggested that the Council con- sider hiring a Sanitary Engineer to correct the situation. Council- man Reasor asked if we had to go with Carollo Engineers. Mr. Thornton stated that we did not have to go with them. MOTION: Mayor Shelton moved to contract to hire an engineering firm to develop procedure and equipment to stabilize the B.O.D. and Settleable Solids. The motion was seconded by Councilman Reasor and unanimously carried. Ralph Peters suggested that the City consider an engineering firm that was local so that cross communication could be done easily. Mayor Shelton felt that the engineering firm that constructed the plant (Carollo Engineers) is probably the most informed. Councilmen Harmon and Reasor also indicated that having a local firm was desirable. Mayor Shelton directed that staff survey local engineering firms both on cost and on the time schedule, and see if these factors could be met. The City Administrator stated that the sum of $500.00 would be awarded to a local firm who would provide a report of repairs and operational procedures that would improve the capacity of the sewage treatment plant by September 25, 1978. MOTION: Mayor Shelton moved that $500.00 be granted to hire an, engineering firm to perform the requirements stated by the Regional Water Quality Control Board. The motion was seconded by Councilman Harmon and unanimously carried by roll call vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 11, 1978 Page Seven MOTION: Mayor Shelton moved to adjourn to executive session; The motion was seconded by Councilman Cantine and unanimously carried. The meeting adjourned to executive session at 12:01 A.M. Recorded by: CARL J. THORNTON, City Clerk ✓&4 n �CJ( By: Sharon Lilley Deputy City Clerk i MINUTES - MORRO BAY CITY Adjourned Regular Meeting September 5, 1978 3:30 p City Hall Conference Room COUNCIL M. The meeting was called to order at 3:45 P.M. by Mayor Shelton. PRESENT: Councilman McGuire, Reasor, Harmon and Mayor Shelton ABSENT: Councilman Cantine Mayor Shelton stated that the meeting had been called to order for the purpose of reviewing the revenue portion of the budget at our budget hearing. He stated that it was a public meeting and open to public comment. Mr. Warden presented his report on alternatives to the budget. He stated that he would give direction to staff in his presentation of the preliminary budget. At the last Council meeting, there was about $63,370 in budget cuts. We then had to take that amount and go back and revise our expenditures and revenue in order to produce a balanced budget. Mr. Warden distributed a copy of the revised preliminary budget to each Councilman and continued with an explanation of each item as it related to the total budget. Discussion followed regarding the Enterprise Fund and its importance to a successful budget. This fund would produce a self-sustaining program for Water, Sewer and Parks & Recreation Services. Mayor Shelton discussed the Sewer Master Plan and the possibility of setting up an assessment district. A discussion followed regarding the benefits of an assessment district. Mayor Shelton stated that many people benefit and that few people have to pay. Mr. Warden stated that it is up to the Council as to how they wish to proceed. Mayor Shelton discussed the possibility of depositing into a savings and loan $100,000 or more depending on income and cash flow. Mr. Warden cautioned that any deposits in excess of $100,000 are not guaranteed because there is no collateral beyond this amount. Mr. Warden stated that he had asked for a contract with a savings and loan agency and that to date, one had not been received. Councilman Reasor stated that he still has some questions pertaining to the Sewer Services and charges to residents and small businesses. Councilman Reasor asked if LeRoy Jones Trailer Park had obtained permission from the City to hook up to the fire hydrant during the course of construction. Mr. Warden asked Mr. Chrissakis to look into this matter. A discussion followed regarding street maintenance. Councilman Reasor stated that we do not need to get involved with the Elena Street paving project if we set up an assessment district. Mr. Warden stated that the gas tax has always been used on street maintenance. Mayor Shelton set September 25, 1978, for the Public Hearing on Revenue Sharing -Funds for final adoption. 0 4 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting September 5, 1978 Page Two Mr. Warden discussed/the SB325 monies (Dial -A -Ride) and stated that Article 8 needed to.be changed to Article 4. Mr. Warden stated that Mr. Chrissakis is working on this matter and that it is an administrative correction which will take care of any future problems with the state auditors. Mr. Warden also discussed the alternate transporation plan which will cost about $15,000 in addition to our SB325 monies. This plan would provide an additional two (2) trips per day and would also provide better usage of the system. Mayor Shelton stated that the revenues balanced with the expenditures. He asked Council if the concept was acceptable with some modifications. A discussion followed. It was suggested that under sewer revenue, to delete .13/100 and replace this with a dollar amount of $100,000. Councilman Reasor felt very strongly that any revenue generated from a sewer charge should be directed into some type of sewer project. Mayor Shelton suggested that $100,000 from the Sewer Enterprise Fund be diverted back to the General Fund. It was also suggested that a Cost Price Index be established for the Enterprise Fund for future reference. Discussion followed on the sewer charge. Councilman Reasor felt that the upper limit should be $100,000 with a maximized $1.50 sewer charge per dwelling unit. Councilman Harmon discussed the sewer revenue from Cayucos ($20,000) which is a fixed amount. This amount reflects repairs and/or capital improvements to the wastewater treatment plant. Mayor Shelton suggested that a quick study be conducted between now and September 8th and possibly that we consider contracting this work to be completed regarding the sewer treatment plant as requested by the Regional Water Quality Control Board. The consensus of the Council was to hold off on the study and contract until an order was issued. Mayor Shelton requested an executive session. MOTION: Mayor Shelton moved that the meeting adjourn to executive session. The motion was seconded by Councilman Harmon and unanimously carried. The meeting adjourned to executive session at 5:05 p.m. Recorded by: M. L. WARDEN, City Clerk By: Sharon Lilley 67�-' Deputy City Clerk • 0 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting August 29, 1978 7:00 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:10 p.m. by Mayor Shelton. PRESENT: Councilmen McGuire, Reasor and Mayor Shelton ABSENT: Councilmen Cantine and Harmon Mayor Shelton stated that this meeting had been called for the purpose of continuing review of the alternate budgets. GENERAL SERVICES There was discussion regarding the ambulance services and the recommendation to cut this figure from the budget. COUNCILMAN CANTINE WAS PRESENT AT 7:13 p.m. Mr. Warden explained that the City's contract for ambulance services is with the County of San Luis Obispo and they have cut this item from their budget. Also, one of the complaints by Bay Ambulance Service has been that they do not have enough business because the South Bay Fire Department transports patients. This will no longer be a policy in that Department and the Ambulance Service should be able to pick up some of that business. There was discussion on this matter with Council feeling that the amount could be left in and cut later if it is not needed. Council decided on Case #1 for General Services. PARKS AND RECREATION Councilman Cantine said that his position on the Recreation budget is that there is an imbalance between the thrust of the programs for adults and youth on the side of the youth. There was considerable discussion regarding the travel and meetings section of the Recreation budget. Council decided that on page 65, they would accept the "suggested" column on line 1, CPRS State Con- ference; Case #1 on line 7, CPRS District VIII Meeting Workshop; Case #1 on line 12, L.O.C.C. Conference; and the suggested on line 16, CPRS Administrators' Institute. Mr. Howard Gaines advised that the Senior Citizens no longer required the typewriter and cabinets originally requested in the Recreation budget. Mr. Gaines stated that the only thing the Seniors really want and need is a center. He suggested that the Council set aside a portion of the Recreation budget in a fund each year towards an adult community center. Comments were heard from Lila Keiser, Fay Eldridge, Bill Morley, and Norman Phillips. Mr. Warden advised that setting aside funds for a community center had been suggested several years ago and was not acceptable at that time. There is a place in the Obligated Reserves, Land and Buildings, to set aside funds for a project of this nature. The following items were accepted by Council: Page 67, Supply & Maint., Special, Case #1. Page 69, Supply & Main., Bldgs. & Grounds, Case#1. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting August 29, 1978 Page Two Page 72, Electricity, no change. Page 74, Buildings, Case #1. - Page 15, Improvements (not bldgs.), Case #1 on Keiser Park irri- gation; and Case #3 on Dunes Street Parkette. Page 76, drop the four -drawer filing cabinet for the Seniors. ... POLICE DEPARTMENT There was discussion relative to the Juvenile Officer; eliminating that position and using the incumbent to fill the vacancy that exists in the Department. Mr. Warden advised that that vacancy had been filled and eliminating this position would eliminate a person or increase the patrol force. TOM HARMON WAS PRESENT AT 9:00 p.m. Comments were heard from Ruth Blanco representing the Morro Bay Peke Officers Association. RECESS 9:06 p.m. RECONVENED 9:19 P.M. Councilman Cantine criticized the approach taken in the 5%, 10%, 151. and 20% cuts; he did not like talking about "pennies" and felt that, substantial cuts should have been made in different areas so the Coun:_l_could seeCr what services were being lost by various cuts. He said he'4��IDGe,ready to adopt Case #1 or the suggested budget. There was discussion relative to educational incentives. Mr. Warden stated that -his figure is based on a percentage of the employees gross pay and increaes with salary. He suggested either eliminating it or establishing flat rate and advised that this should be worked out in negotiations ;ith the employee groups. Council agreed to accept the suggested budget with regard to personnel and Case #l�for the rest of the budget. COMMUNITY PRONTION Mayor Shelton 'b,ated that Bob DeSomers, Chamber of Commerce President, had a requE -,to t make, of Council. Mr. DeSomers stated that the Chamber is prepare c�g10 h're a Manager, however, would like to get a feeling from the Coun�7la to whether or not they intend to fund the Chamber this year before m 4 g a commitment to an individual. Councilman Cantine stated -that he was not happy at all with the new format presented for percentage cutbacks; he was not prepared to fund the Chamber in percents3es. Mr. DeSomers stated that the Chamber also had the alternate budcl=t in the,format originally prepared for Council consideration and 7e would see that they received a copy of it. Council members agreed that they would fund the Chamber probably in the amount reflected by their alternate budget. Council members also discussed the requests from Hotline and the County and Youth Symphonies. Councilman Cantine advised that the Symphonies would be very happy with an allocation of $400 and suggested that Council adopt Case#4. Council agreed and decided to approve Case #1 for Hotline. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting August 29, 1978 Page Three FIRE DEPARTMENT Council members decided to approve the suggested budget for this Department. ANIMAL REGULATION Council discussed the animal control.problem, specifically dogs, in Morro Bay. Mayor Shelton asked if the animal regulation services had been cut back and Mr. Warden stated that to his knowledge they had not. Council accepted that budget. CROSSING GUARD Council members decided to cut this item from the budget. Mr. Warden advised that new legislation allowed school districts to provide school crossing guards. ENGINEERING AND ADMINISTRATION Council members approved the suggested budget for this department. PARKING FACILITIES Council members agreed on Case #4 which eliminated the patch and chip -seal project for Keiser Park parking area. STORM DRAINS Council members agreed on the suggested budget for this department. STREET DEPARTMENT Council accepted the suggested budget except for 3305.34, Street Construction, where they deleted the $12,500 for the Ironwood Avenue extention into Del Mar Park and accepted Case #1. SANITARY Council members accepted the suggested budget for this department: TRANSPORTATION Council members accepted the suggested budget for this department. WATER Council members accepted the suggested budget for this department. HARBOR Council members accepted the suggested budget for this department. PLANNING & BUILDING Council members accepted the suggested budget for this department. STREET LIGHTING Council members agreed to accept the suggested budget. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting August 29, 1978 Page Four Mr. Warden reminded Council members to be thinking about what they will be doing with the employee associations and'get into negotia- tions with them as soon as possible. Mr. Warden also asked Council if they would approve a letter of intent to be sent regarding the budgeted computer. He said that it takes nine months to receive the computer and a letter of intent would start things moving.' This would in no way bind the City for purchasing. Council members gave authorization for a letter of intent. Mr. Warden also suggested sending two of the account clerks to a training program so that the City can have on -board trained programmers and operators for the computer: No new personnel would be required. Council directed that Staff come back with figures as to the amounts cut during the review of the alternate budget; also that the revenue picture be discussed and that funds be set aside in Obligated Reserve for an adult community center. Mr. Warden anticipated that this could be accomplished by Tuesday and Council could meet Tuesday afternoon. If he can have it prepared by Friday, Council could meet that evening. He would let them know. Council agreed to meet at City Hall on Tuesday, September 5, 1978, at 3:30 p.m., if not before. Mayor Shelton requested an executive session. MOTION: Councilman Harmon moved that the meeting adjourn to executive session. The motion was seconded by Councilman Cantine and unanimously carried. The meeting adjourned to executive session at 10:48 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 the Local Coastal Plan Work Program at 7:30 P.M., August 28, 1978, in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, at which said PUBLIC HEARING any person may appear and express his views for or against or in modification of said program. jiMrray ty dministrator Pubiish: August 17, 1978 • CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL August 28, 1978 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR 1. Minutes of the adjourned regular meeting of July 31, 1978 2. Minutes of the regular meeting of August 14, 1978 3. Minutes of the executive meeting of August 14, 1978 4. Financial Statement, 7-1-77 through 6-30-78 (RECOMMEND APPROVAL) 5. Expenditure Report, closing 6-30-78 (RECOMMEND APPROVAL) 6. Expenditure Report, 7-1-78 through 7-31-78 (RECOMMEND APPROVAL) 7. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 8. Resolution No. 48-78 approving grant of Use Permit to Morro Bay Fire Fighters Muster Committee (RECOMMEND ADOPTION) 9. Resolution No. 49-78 approving sublease on Lease Site No. 16, Kirth (RECOMMEND ADOPTION) 10. Resolution No. 50-78 calling for a contract with the California Highway Patrol for Abandoned Vehicle Abatement participation (RECOMMEND ADOPTION) 11. Resolution No. 51-78 accepting work and giving notice of completion, Tract No. 622 (RECOMMEND ADOPTION) 12. Transfer Voucher No. 7-8-23 in the amount of $893.00 (RECOMMEND APPROVAL) 13. Claim of Albert Sani for damages (RECOMMEND DENIAL) B. HEARINGS, APPEARANCES AND REPORTS 1. Presentation of Del Mar Park Master Plan by Ted Elder and Associates 2. Public hearing on Local Coastal Plan and consideration of Resolution No. 52-78 to apply for Coastal Zone Management Planning Assistance C. UNFINISHED BUSINESS 1. Consideration of preliminary report on Carrousel process and presentation to Regional Water Quality Control Board 2. Consideration of adopting a Council policy supporting combined outfall/reclamation project per letter August 11, 1978, Division of Water Quality, State of California D. NEW BUSINESS 1. Consideration of Final Map for ;.Zanzibar Street condominium project 2. Consideration of Resolution No. 53-78 approving the application for Land and Water Conservation Funds for the Del Mar Park Development Project E. INDIVIDUAL DETERMINATION AND/,OR ACTION 1. City Council 2. City Attorney 3. City Administrator 6 Cb MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 28, 1978 7:30 P.M. Morro Bay Recreation Hall The meeting was called to order at 7:30 P.M. by Mayor Shelton. ROLL CALL PRESENT: Councilmen Cantine, Harmon, McGuire, Reasor and Mayor Shelton ABSENT: None STAFF PRESENT Murray Warden, City Administrator Michael T. LeSage, City Attorney Dave Braga, Parks and Recreation Director George Chrissakis, City Engineer Bernard Zerr, Fire Chief Ardith Davis, Deputy City Clerk PUBLIC COMMENT There was no Public Comment at this time. A. CONSENT CALENDAR 1. Minutes of the adjourned regular meeting of July 31, 1978 2. Minutes of the regular meeting of August 14, 1978 3. Minutes of the executive meeting of August 14, 1978 4. Financial Statement, 7-1-77 through 6-30-78 (RECOMMEND APPROVAL) 5. Expenditure Report, closing 6-30-78 (RECOMMEND APPROVAL) 6. Expenditure Report, 7-1-78 through 7-31-78 (RECOMMEND APPROVAL) 7. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 8. Resolution No. 48-78 approving grant of Use Permit to Morro Bay Fire Fighters Muster Committee (RECOMMEND ADOPTION) 9. Resolution No. 49-78 approving sublease on Lease Site No. 16, Kirth (RECOMMEND ADOPTION) 10. Resolution No. 50-78 calling for a contract with the California Highway Patrol for Abandoned Vehicle Abatement participation (RECOMMEND ADOPTION) 11. Resolution No. 51-78 accepting work and giving notice of completion, Tract No. 622 (RECOMMEND ADOPTION) 12. Transfer Voucher No. 7-8-23 in the amount of $893.00 (RECOMMEND APPROVAL) 13. Claim of Albert Sani for damages (RECOMMEND DENIAL) Mayor Shelton reviewed all items on the Consent Calendar. Councilman Cantine stated that the minutes of the regular meeting of August 14, 1978 were incorrect. He would need to go back and listen to the tapes to specifically identify those corrections which needed to be made. MOTION: Councilman Cantine moved for the approval of the Consent Calendar, Items A-1, through A-13, with the exception of Items A-2 and A-3, and that these items be deferred until the next regular meeting; approval was with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Mayor Shelton and unanimously carried by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 28, 1978 Page Two B-1 Presentation of Del Mark Park Master Plan by Ted Elder and Associates Mr. Ted Elder of Ted Elder and Associates presented a site plan for the Del Mar Park Master Plan. He discussed the public review process in which they had received input from the public and implemented some of these suggestions in the plan. Activities in the park include a racquet ball court, tennis courts, large slide, childrens' play area, tiny tots play area, aviary, pavillion, and picnic and barbeque areas. i Comments were heard from Jane Orvis, M'May Diffley, Bill Morley.,. Council members asked various questions about the plan and Mr. Elder emphasized that the Plan was a concept plan only; it was not set in cement and could be altered over the years as the desires of the community warranted it. Several Councilmen were dissatisfied with the proximity,:,& the large slide to the pavillion which would be used by adults. Mayor Shelton stated that he would like to have some costs mapped out for this project in phases. Councilman Cantine was in favor of deferring approval of the Plan until the Parks and Recreation Commission has looked at the Recreation Element of the General Plan and made recommendations as to the needs of the City for recreation. He also felt that the adult phase of recreation has been minimized in the proposal. Mayor Shelton was interested in the extra manpower and equip- ment that would be needed to maintain a park this size. Mr. Warden reviewed the grant process and the fact that a Master Plan for the park would enable the City to qualify for various grants to develop this park. Council members agreed that the Plan could be accepted without setting anything in concrete but would enable the City to apply and qualify for various grants. They did, however, wish to have some preliminary figures as to costs for the various phases of the project. MOTION: Councilwoman McGuire moved for the conceptual approval of the Del Mar Park Plan and that it be found acceptable for the purposes of grant seeking. The motion was seconded by Councilman Harmon and unanimously carried. B-2 Public hearing on Local Coastal Plan and consideration of Resolution No. 52-78 to apply for Coastal Zone Management Planning Assistance Mr. James Nuzum presented the Local Coastal Plan. He noted that a correction was necessary from that of $39,800 to $39,984.25. He stated that all changes by Council can be submitted by means of an addendum, thus avoiding revision of the entire plan. Mark Capelli, Regional Coastal Commission, was present to answer any questions that were raised. Mr. Nuzum stated that this document is very flexible and can be modified if issues need to be added. Mayor Shelton opened the public hearing and asked if there were comments regarding this Local Coastal Plan. Wilma Haight requested that the hazard list reflect the Navy jet fuel tanks located at Trinidad and Sicily. James Campbell did not agree that they were a hazard and stated that they are not within the City Limits. �I MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL August 28, 1978 Fire Chief Bernard Zerr stated that there is a potential hazard in existence there. Discussion followed regarding whether the tanks were within the city limits. Mr. Nuzum stated that this hazard should be inserted on Page 34 as it was the most appropriate area. Public comment was heard from Mrs. Ansberry, Jim Merzon, M'May Diffley, Mr. Lemons, Bruce Risley and Howard Gaines. Bruce Risley stated that there were three major areas that were omitted in this report: 1. The fuel tanks in north Morro Bay 2. The scenic quality of our neighborhoods are not adequately treated (Page 12 - Housing) 3. Recreational Facilities - He feels that chess should be included in the LCP and that the report should take this into account MOTION: Councilman Cantine moved that the Resolution No. 52-78 be read by title only. The motion was seconded by Mayor Shelton and it was unanimously carried. Mr. Warden read the Resolution by title only. MOTION: Councilman Cantine moved that Resolution 52-78 be adopted with the addition of two addendums to Pages 34 and 10. The motion was seconded by IMayor', .; Shelton and unanimously carried. Recess: 9:45 p.m. Reconvened: 10:00 P.M. C. UNFINISHED BUSINES C-1 Consideration of preliminary report on Carrousel process and presentation to Regional Water Quality Control Board Mr. John Johnson of Carollo Engineers briefly described the history of the City's violations and the reasons the City�.;has failed to comply. He reviewed his proposed presentation to the Regional Water Quality Control Board. Mr. Johnson stated that he would like to come back to Council at their next meeting for further analysis of the Carrousel process and update of the reclamation project and if Council will go along, he would like authorization to finish the report. He would then advertise the project report and EIR for a hearing. He stated that the proposed schedule was tight, however, he was hopeful that it could be met. With regard to the Carrousel process, Carollo's preliminary evaluation shows that there is not as much saving as originally anticipated; perhaps $200,000 in the first stage and an additional $500,000 during the second ten years. He would like to request that the State give consideration for the City of Morro Bay using this innovative process. He would then get together with the State people to see what they specifically need in order to evaluate this process. MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL August 28, 1978 He hoped to report on that meeting at the next Council meeting. He will have to know at that time if the Council is interested in pursuing this process. Mr. Warden reported that he was in receipt of a letter from the Coastal Commission Staff to Mr. Rothenbaum of the Water Resources Control Board stating that as far as the Coastal Commission Staff is concerned the population figures outlined in the Carollo Engineers facilities plan on which the plant sizing is based are valid based on the infill of existinj City area and considering visitor population. Mr. Warden discussed the letter and stated that copies would be put in Council members' boxes. Mayor Shelton called on Mr. Diffley for a report from the Environmental Resources Committee. Mr. Diffley read a letter from the Coastal Commission to Mr. Rothenbaum dated February 1978, which he felt did not say the same thing as their most recent letter. There was discussion of this, at which time Council requested that copies of both letters be given to Council members. Mr. Diffley read reports from the Environmental Resources Committee which agreed with the proposed presentation to the Regional Water Quality Control Board. Another report recommended not sending a letter to Mr. Rothenbaum which would indicate any Council interest in a combined Texaco outfall/truncated reclamation project. They felt to do so would prejudge the final form that the eventual request for concept approval mightitake; approval at this time would make a farce of the public review process; and the viability of the proposal rests in its practicability, cost-effectiveness, applicability and public acceptance. MOTION: Councilman Cantine moved that Council endorse the Carollo report for Mr. Warden's presentation at the August 30th Regional Water Quality Control Board hearing. The motion was seconded by Mayor Shelton and unanimously carried. C-2 Consideration of adopting a Council policy supporting a combined outfall/reclamation project per letter August 11, 1978, Division of Water Quality, State of California Mr. Warden stated that Mr. Rothenbaum has requested a resolution supporting a combined Texaco outfall/truncated reclamation project, which could be in the form of a motion, in order to assist in obtaining grant funds for the reclamation project. Councilman Harmon was in favor of putting this matter off until the September llth meeting and considering it in connection with the Carrousel process. Mr. Warden explained that this merely supported a concept and did not obligate the City to anything. Comments were heard from Mr. Diffley, Charles Palmer and Mrs. Diffley. MOTION: Councilman Cantine moved that Council endorse the concept of wastewater reclamation and have Staff submit that conceptual agreement to Mr. Rothenbaum and encourage him to ascertain the operations to secure a grant. The motion was seconded by F Mayor Shelton and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 28, 1978 Page Five D. NEW BUSINESS D-1 Consideration of Final Map for Zanzibar Street condominium project. George Chrissakis, City Engineer, reviewed this project, stating that this is a 16-unit condominium development located at Zanzibar and Main Streets. All submittals by the developers have been completed and it is recommended that Council find that the Final Map is consistent with the Tentative Map. Councilman Reasor asked if this project met the requirements of horizontal as opposed to vertical condominiums with regard to open space. Bill George, Building Inspector, stated that it did. MOTION: Mayor Shelton moved that Council accept the Final Map for Tract 733 and adopt the finding in the memo from the City Engineer dated August 21, 1978, 1 through 7. The motion was seconded by CouncilmdnnCantine and unanimously carried. D-2 Consideration of Resolution No. 53-78 approving the application for Land and Water Conservation Funds for the Del Mar Park Development Project Mr. Warden explained that the application provides for further design and development of the Del Mar Park property. The funds the City has already received from the State for this project can qualify as matching funds, thereby allowing the City to apply for these funds without having to obligate any of the City's revenues. MOTION: Councilwoman McGuire moved that Resolution No. 53-78 be read by title only. The motion was seconded by Councilman Cantine and unanimously carried. Mr. Warden read Resolution No. 53-78 by title only. MOTION: Councilman Cantine moved for the adoption of Resolution No. 53-78. The motion was seconded by Councilman Reasor and unanimously carried. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (a) Mayor Shelton announced that Mr. Carl J. Thornton, retired City Administrator of the City of Santa Ana, had been selected by the Council to be the interim City Administrator. He will start work on September 6, 1978. E-2 City Attorney (a) Mr. LeSage had nothing to report. E-3 City Administrator (a) Mr. Warden stated that the digesters at the treatment plant are badly in need of repair. This item is budgeted, however, the Council had determined that no large expenditures were to be effected until a final budget was adopted. It is estimated that the cost for repairs will be $15,000 to $20,000; the amount budgeted had been $12,000. Mr. Warden requested Council approval to go ahead with this expenditure., MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL August 28, 1978 MOTION: Councilman Cantine moved that the City Administrator be authorized to take appropriate action to resolve the digester problem and approve the transfer as necessary from Unobligated Reserve. The motion was seconded by Councilman Harmon and unanimously carried by roll call vote. (b) Mr. Warden reported that the League of California Cities Administrative Services Committee, of which he is a member, endorsed the City's proposed resolution regarding SB 325 funds. Also, many cities have responded favorably to the City's request for support. (c) Mr. Warden reported on information received from the State Controller regarding the use of SB 325 funds. There is a difference of opinion as to how the funds are to be allocated within the City and Mr. Warden is going to suggest that the Claim of two years ago be amended to clear up the discrepancy. (d) Mr. Warden reported on the Administrative Services Commission approval of supporting legislation to create a process for appeal from Administrative regulations. (e) Mr. Warden stated that the League of California Cities Legislative Bulletin reported on SB 1757 which is a bill that is trying to force cities to increase cable tv rates whether they want to or not. He said that there is a very strong lobby group from CATV supporting this bill. Mr. Warden read a proposed press release prepared by the League for cities' use. MOTION: Councilman Cantine moved that Council support the arguments presented against SB 1757 and that Staff so advise the Governor. The motion was seconded by Councilwoman McGuire and unanimously carried. (f) Mr. Warden advised that he had been in contact with UMTA and had received assurance that the City could apply for the fourth bus through a single source. (g) Mr. Warden reviewed at length the action in the Council of Governments regarding the Regional Transportation Plan. He outlined the proposed system and approved by the cities in the County. Mr. Warden also stated that he was attempting to prepare a JPA for the system before he leaves. (h) Mr. Warden requested an executive session to discuss personnel matters. ADJOURNMENT MOTION: Mayor Shelton moved that the meeting adjourn to executive session to discuss personnel matters. The motion was seconded by Councilman Cantine and unanimously carried. The meeting adjourned to executive session at 11:28 p.m. and returned to regular session at 11:49 p.m. MOTION: Mayor Shelton moved that the meeting adjourn to Tuesday, August 29, 1978, at 7:00 p.m. in the Morro Bay Recreation Hall to consider the budget. The motion was seconded by Councilman Cantine and unanimously carried. 11 MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL August 28, 1978 The meeting adjourned at 11:49 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk 4 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting August 22,1978 7:00 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:00 p.m. by Mayor Shelton. PRESENT: Councilmen Cantine, McGuire, Reasor and Mayor Shelton ABSENT: Councilman Harmon Mayor Shelton stated that the meeting had been called for the purpose of reviewing the alternate budget prepared by Staff at Council's direction. Mr. Warden advised Council that the City would be receiving $127,544 more from property taxes than presently reflected in the proposed budget. COUNCILMAN HARMON WAS PRESENT AT 7:05 P.M. Mr. Warden reviewed the Enterprise Funds which are designed to have services pay for themselves where possible. Staff had prepared illustrations of Enterprise Funds for Recreation, Water and Sewer and noted the amount of money required to be raised in order to make these departments self-sustaining. Councilman Cantine stated that he had expected alternate proposals on ways to raise these funds. Mr. Warden said that there simply had not been enough time to put that program together along with the alternate budget. Council members discussed the budget with Mayor Shelton stating that the additional money expected from the property taxes changes the revenue picture somewhat. .He noted that the Council could live with the originally proposed budget and still have funds to put into reserve. Councilman Reasor commented on the $330,000 taken out of reserve to support this budget and felt that this could be put back in with certain cuts in the operating budget. Councilman Cantine stated that he was more confused than ever; the personnel suggestions in the alternate budget are the opposite of what he would do; he did not feel that the Enterprise Fund was an effective tool to make 'departments self-supporting; he wanted citizen input on the alternate budget; he wanted to hear from the department heads on the effects of these cuts on their services. Council discussed the format they would follow in reviewing the alternate budget and decided to go page by page and raise questions as they go along. There was considerable discussion regarding State assistance money and whether or not to accept it. CITY COUNCIL Council members agreed that they would accept Case 1. They also stated that they were making no decisions; merely indicating their feelings on the alternate proposals. ADMINISTRATION Council members accepted Case 1 except for the cut in memberships and subscriptions. LEGAL No comments. 0 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting August 22, 1978 Page Two FINANCE Case 1 acceptable. PLANNING COMMISSION Council agreed to leave in the memberships and training and meetings in the 'Planning Commission budget. They also decided to cut the brief cases out of the Council and the Planning Commission budgets; when Councilmen and Planning Commissioners leave office, they are to turn in their brief cases for use by the person taking office. Council accepted Case 2 with the above exceptions. GENERAL GOVERNMENT BUILDINGS Council decided on Case 1 except for deleting the $10,000 for a restroom at the City Park; they decided to keep the light on the Centennial Stairway Flag all night and continue paying for the Senior Citizens electric bill at the Fire Station. There was discussion regarding the elimination of a custodian at the Case 3 level. Mr. Warden stated that he wanted to make clear he was not recommending any of the cuts in Cases 1, 2, 3, or 4. Council had directed that he come back with a proposal for cuts and he had. He was recommending adoption of the originally proposed budget. COMMUNITY PROMOTION Mayor Shelton encouraged Council to consider cutting the Chamber of Commerce allocation back to the amount they receive in dues for their membership. There was lengthy discussion concerning the Chamber budget and a presentation of their alternate budget by Gerry Hempenias. Comments were also heard from Mr. Goldborough, Howard Gaines, Bill Morley, Lois Rowland, Lila Keiser, Mrs. W. A. Daley, and Bob DeSomers. Councilman Cantine did not like the Chamber's alternate budget; he preferred a presentation of cuts based on their original line item budget. Councilwoman McGuire did not feel that the Chamber should take political stands on issues when the Chamber is supported by City funds. There was a discussion on this subject with Council members in general agreement that the Chamber should not use City funds for these purposes. RECESS 9:40 p.m. RECONVENED 9:56 p.m. Mayor Shelton stated that the Council wished to adjourn this meeting because of the need to discuss personnel matters in executive session. Council set Tuesday, August 29, 1978, at 7:00 p.m. in the Recreation Hall for their next budget meeting. Councilman Harmon wished to continue discussion of the budget for another hour, however, the other Council members were not in favor of that proposal. MOTION: Mayor Shelton moved that the meeting adjourn to executive session to discuss personnel matters. The motion was seconded by Councilman Cantine and carried with Councilman Harmon voting no. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting August 22, 1978 Page Three The meeting adjourned to executive session at 10:02 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, August 14, 1978, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, to consider the proposed annexation to the City of Morro Bay of that certain parcel of land known as "Del Mar Park", Annexation No. 2; at which said hearing any person interested may appear and give testimoney for or against this proposed annexation. DATED: July 25, 1978 EUGENE R. SHELTON, Mayor City of Morro Bay, California By: M. L. WARDEN, City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL August 14, 1978 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR 1. Minutes of the special meeting of July 12, 1978 2. Minutes of the executive meeting of July 12, 1978 3. Minutes of the regular meeting of July 24, 1978 4. Minutes of the executive meeting of July 24, 1978 5. Resolution No. 40-78 approving grant of lease to San Luis Obispo County Air Pollution Control District (RECOMMEND ADOPTION) 6. Resolution No. 41-78 approving Agreement with the County of San Luis Obispo for Federal Aid Off System Project (RECOMMEND ADOPTION) 7. Resolution No. 42-78 approving submission of Annual Transpor- tation Claim (RECOMMEND ADOPTION) 8. Resolution No. 43-78 approving sublease on Lease Sites No. 86 and 86W, Yocum (RECOMMEND ADOPTION) 9. Resolution No. 44-78 accepting work and giving notice of completion for Street Resurfacing Project (RECOMMEND ADOPTION) 10. Resolution No. 45-78 approving assignment of Lease Sites No. 68 and 68W from Violet Parkhurst to Deanna Davis (RECOMMEND ADOPTION) 11. Resolution No. 46-78 directing that the unpaid charges for weed abatement be forwarded to the County Auditor for inclusion on the 1978-79 tax rolls (RECOMMEND ADOPTION) B. HEARINGS,'APPEARANCES AND REPORTS 1. Public hearing -on and consideration of Resolution No. 47-78 authorizing Annexation No. 2, Del Mar Park Annexation 2. Appearance of representatives from the South Central Coast Regional Commission regarding preparation of the Local Coastal Plan C. UNFINISHED BUSINESS 1. Consideration of Planning Commission recommendation for preparation of the Local Coastal Plan. 2. Request of Morro Bay Art Association to waive new business license fees for Labor Day Show 3. Establishing budget hearing dates D. NEW BUSINESS 1. Consideration of City of Carpinteria suggested resolution for League of California Cities convention E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 14,. 1978 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Shelton with the Pledge of Allegiance.Reverend Dear, City Chaplain gave the invocation. ROLL CALL PRESENT: Councilmen Cantine, Harmon, McGuire, Reasor, and Mayor Shelton ABSENT: None STAFF PRESENT Murray Warden, City Administrator Michael T. LeSage, City Attorney Dave Braga, Parks and Recreation Director George Chrissakis, City Engineer James Nuzum, Planning Director Richard Schacht, Police Chief Bernard Zerr, Fire Chief Ardith Davis, Deputy City Clerk PUBLIC COMMENT 1. Howard Gaines complimented the Council on putting the Public Comment section of the agenda at the beginning of the meeting. He discussed the anti -senior citizen attitudes of the Parks and Recreation Commission, Recreation Director, City Administrator and previous City Council and cautioned this Council against this attitude. He criticized Councilwoman McGuire for asking Mrs. McWilliams, when she was being interviewed for the position of Parks and Recreation Commissioner whether or not Mrs. McWilliams would be willing to teach arts and crafts to young children in an adult center. Mrs. McWilliams would not respond to the question. He maintained that she had been denied a position on the Commission on the basis of this question. Mollie Bruno, who was also interviewed for Commissioner, and Mrs. McWilliams supported Mr. Gaines' comments. Mrs. Keiser responded to criticisms of her term on the Commission. Councilwoman McGuire stated that she was totally satisfied with the Commissioners she had voted for; she did not feel that not asking all applicants the same question was significant since the interview process is informal involving different questions of different people. She explained why she had voted for the applicants who had been chosen. A. CONSENT CALENDAR 1. Minutes of the special meeting of July 12, 1978 2. Minutes of the executive meeting of July 12, 1978 3. Minutes of the regular meeting of July 24, 1978 4. Minutes of the executive meeting of July 24, 1978 5. Resolution No. 40-78 approving grant of lease to San Luis Obispo County Air Pollution Control District (RECOMMEND ADOPTION) 6. Resolution No. 41-78 approving Agreement with the County of San Luis Obispo for Federal Aid Off System Project (RECOMMEND ADOPTION) 7. Resolution No. 42-78 approving submission of Annual Transpor- tation Claim (RECOMMEND ADOPTION) • 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 14, 1978 Page Two 8. Resolution No. 43-78 approving sublease on Lease Sites No. 86 and 86W, Yocum (RECOMMEND ADOPTION) 9. Resolution No. 44-78 accepting work and giving notice of completion for Street Resurfacing Project (RECOMMEND ADOPTION) 10. Resolution No. 45-78 approving.assignment of Lease Sites No. 68 and 68W from Violet Parkhurst to Deanna Davis (RECOMMEND ADOPTION) 11. RESOLUTION NO. 46-78 directing that the unpaid charges for weed abatement be forwarded to the County Auditor for inclusion on the 1978-79 tax rolls (RECOMMEND ADOPTION) Mayor Shelton reviewed all items on the Consent Calendar. MOTION: Councilman Harmon moved for the approval of the Consent Calendar, Items A-1 through A-11, with the exception of Item A-6, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Cantine and unanimously carried by roll call vote. A-6 Resolution No. 41-78 approving Agreement with the County of San Luis Obispo for Federal Aid Off System Project Councilman Harmon asked about the funds for this Agreement and Mr. Warden explained the source of the funds and the uses to which they are to be applied. MOTION: Councilman Harmon moved for the approval of Item A-6. The motion was seconded by Councilman Cantine and unanimously carried by roll call vote. Mayor Shelton stated that he had received a request to hear Item C-2 before the regular items on the agenda and, if Council had no objections, he would comply with the request. Council had no objections. C-2 Request of Morro Bay Art Association to waive new business license fees for Labor Day Show Mr. Douglas Dean, representing the Art Association, requested that Council waive the increased fees for the Association's Labor Day Show. This request is based on the fact that the Art Association has already entered into contractual relationships with exhibitors based on the fees of the first two shows of the year. He would also like to come back before Council at a later date to discuss changing the current fee structure to a lesser amount. Councilman Cantine stated that he had not realized that the ordinance doubling business license fees also included the Art Associa- tion shows. He was in favor of waiving the fee for the Labor Day Show and, after giving the Art Association time to establish the legitimacy of their assertion that the increased fees were too high, consider amending the ordinance at a later date. MOTION: Councilman Cantine moved that as there are already contractual relationships existing, the new fee schedule for the Art Association be waived for the Labor Day Art Show and that the Art Association be invited back to discuss the ordinance at a later date. The motion was seconded by Councilman Harmon and unanimously carried by roll call vote. B. HEARINGS,APPEARANCES AND REPORTS MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 14, 1978 Page Three 1. Public hearing on and consideration of Resolution No. 47-78 authorizing Annexation No. 2, Del Mar Park Annexation Mr. LeSage, City Attorney, suggested that Council continue this matter until the Local Agency Formation Commission has time to act on the City's intention to annex this property. Mr. Warden suggested that Council hold the hearing and accept any public testimony and hold off adopting the resolution until the following meeting at which time action by LAFCO should be completed. Mayor Shelton opened the public hearing at 8:29 p.m. and asked if anyone had comments regarding the proposed annexation. Mr. Warden stated that the property, under the conditions of the deed from Chevron, U.S.A., will be used for park purposes only. There are no property owners on the proposed annexation. As there were no other comments, the hearing was closed at 8:30 p.m. and Staff was directed to place the resolution on the next Council agenda. 2. Appearance of representatives from the South Central Coast Regional Commission regarding preparation of the Local Coastal Plan Mr. Carl Hetrick, Executive Director of the South Central Coast Regional Commission, discussed the Coastal Act legislation and intent. Mr. Tom Zanic, Principle Planner, discussed the process to complete the Local Coastal Plan which would place the permit process back in the hands of the local government at which time the Regional Commission will cease to function. The State Commission must approve the LCP before it becomes final and will continue to be the agency to which appeals from local actions are made. Councilman Reasor asked if there was any time limit for completion of the Local Coastal Plan. Mr. Hetrick stated that the Plan must be completed by July of 1981, however, with Proposition 13 it is advisable to move quickly in order to assure funding for the Plan. Council members asked several questions of the Commission Staff. Comments urging Council to proceed with preparation of the LCP as soon as possible were heard from Chet Weaver and Bruce Risley. It was noted that the proposed LCP would be considered by the Planning Commission on August 21st and the Council on August 28th. Copies of the Plan will be available within two days. RECESS 9:03 p.m. RECONVENED 9:15 P.M. C. UNFINISHED BUSINESS 1. Consideration of Planning Commission recommendation for preparation of the Local Coastal Plan Mr. Nuzum reporated that the Planning Commission had recommended that the Council recruit a planner as a full-time City employee for approximately 16 to 17 months to complete the LCP. There was discussion on this matter and the departure of Mr. Nuzum as Planning Director. Mr. Warden stated that he had talked to several people about filling in on an interim basis and would be seeing others. He will report back to Council. MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL August 14, 1978 MOTION: Mayor Shelton moved that Staff be directed to begin the process of hiring a planner to prepare the Local Coastal Plan. The motion was seconded by Councilman Harmon and unanimously carried. 2. Request of Morro Bay Art Association to waive new business license fees for Labor Day Show Considered earlier in the agenda. 3. Establishing budget hearing dates Mr. Warden advised that Council was in receipt of inserts to the line item budget book reflecting 5%, 10%, 15%, and 20% cuts in the proposed budget. He had also distributed information proposing an Enterprise Fund which would make the recreation, sewer, and water divisions self-supporting. He asked Council members to schedule a hearing date to consider these matters. Council members set Tuesday, August 22, 1978, at 7:00 p.m. in the Recreation Hall to consider the alternate budget. D. NEW BUSINESS 1. Consideration of City of Carpinteria suggested resolution for League of California Cities convention Mr. Warden stated that the proposed resolution urged the adoption of legislation to collect a camper tax and entrance surcharge on users of State parks. This would be similar to the motel occupancy tax. MOTION: Mayor Shelton moved that Council support the resolution proposed by the City of Carpinteria. The motion was seconded by Councilman Harmon. Councilman Cantine suggested that the resolution be referred to the Chamber of Commerce for consideration and a recommendation to the Council. The motion carried with Councilman Cantine voting no. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman Reasor brought up the matter of the Justice Court building and possible use of it as a Senior Citizens center. Mr. Warden stated that several attempts have been made to secure this building from the County, all of which have been unsuccessful, however, circumstances may have changed on the status of the building and the City could try again. Mayor Shelton appointed Councilmen Reasor and Cantine to approach the County on this matter. (b) Mayor Shelton stated that there were openings on both the Finance Committee and the Environmental Resources Committee and said that the Council was open to applications for membership on these committees. (c) Mayor Shelton stated that he had received a request from -the Cayucos Sanitary District for representation on the Environmental Resources Committee. Since this committee is concerned with more than just the wastewater treatment plant, he thought a sub -committee could be established which could include two representatives from the Cayucos Sanitary District. This sub -committee would only be concerned with the wastewater treatment plant. MINUTES - MORRO Regular Meeting Page. Five BAY CITY COUNCIL August 14, 1978 MOTION: Mayor Shelton moved that Council appoint two members of the Cayucos Sanitary District to the wastewater sub -committee and that they be invited to join the wastewater sub -committee as members. The motion was seconded by Councilman Cantine and unanimously carried. (d) Mayor Shelton brought up the matter of Cable TV service to citizens in the City who are not able to get hooked - up to the service. Mr. Warden reviewed the suit between Sonic Cable TV and P. G. & E. Councilman Cantine suggested inviting both repre- sentatives from Sonic Cable TV and P. G. & E. to appear before the Council and explain their positions on this matter. Mr. Warden was directed to write a letter inviting representatives from both firms to appear before Council to discuss this matter. Councilman Harmon felt that this would be a waste of time; Council had much more important matters to consider. It was noted that this discussion did not necessarily have to take place at the next meeting. (e) Councilman Harmon felt that a letter should be written to Mr. Nuzum and Mrs. Cecil thanking them for their service to the City. MOTION: Councilman Harmon moved that action be taken to thank Jim Nuzum and Nellie Cecil for their work with the City. The motion was seconded by Mayor Shelton and unanimously carried. Mr. Warden advised that this was usually done with a Certificate of Appreciation. (f) Councilman Harmon asked about the staus of the Keiser Park lighting project. Mr. Braga stated that they are still waiting for some construction materials, however, they expected to begin the foundation work next week. (g) Councilman Harmon asked if the Emergency Procedures Book had been updated; he was concerned because of the recent earthquake in Santa Barbara. Mr. Warden stated that it had not been updated, but that the functioning of these procedures was not jeopardized at this time. (h) Councilman Harmon asked about the status of the Public Works Director interviews. Mr. Warden stated that interviews are scheduled for August 26th. (i) Councilman Harmon asked about .the report from Carollo .:on the wastewater treatment plant. 'Mr. Warden stated that the report would be before Council on August 28th with a prelimi- nary report on the Carrousel process. (j) Councilman Harmon asked if there was anyone within the City organization who can take Mrs. Cecil's position. Mr. Warden reviewed the personnel rules and regulations for this position. (h) Councilman Cantine asked if there was any progress on a proposed noise ordinance. Mr. Warden stated that the City had received information on this matter and recommendations would be forthcoming. (1) Councilman Cantine suggested that the Parks and Recreation Commission be charged with reviewing the Parks and 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 14, 1978 Page Six Recreation Element of the General Plan; he felt that the Owen Menard study was not sufficient. He felt that the City needed an overall study of City recreation needs. Council agreed that the Recreation Plan be referred to the Parks and Recreation Commission for study. 2. City Attorney (a) Mr. Lesage reported that the motion to intervene in the Coastal Commission suit was granted. He explained the basis for this action. Mr. Warden assured the Council that the City is no longer involved in the suit. 3. City Administrator (a) Mr. Warden asked Mayor Shelton to sign a proclamation for Public Employees week. (b) Mr. Warden stated that the Morro Bay Fire Fighters were requesting the use of City property for their Muster on September 29 and 30, 1978. He stated that he would bring the Use Permit back for approval at the next meeting, however, he asked Council to give tentative approval so that the Muster Committee could go ahead with their advertising. Councilwoman McGuire was concerned that the Chember of Commerce might help finance this project and could not tentatively approve the use without knowing if they were going to help finance it. Council members, except Councilwoman McGuire, gave tentative approval. (c) Mr. Warden requested an executive session to discuss personnel matters. ADJOURNMENT MOTION: Mayor Shelton moved that the meeting adjourn to executive session to discuss personnel matters. The motion was seconded by Councilman Cantine and unanimously carried. The meeting adjourned to executive session at 10:13 p.m. and returned to regular session at 11:20 p.m. MOTION: Mayor Shelton moved that the meeting be adjourned to Tuesday, August 22, 1978, at 7:00 p.m. in the Recreation Hall. The motion was seocnded by Councilman Reasor and unanimously carried. The meeting adjourned at 11:23 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Monday, August 7, 1978, at 7:00 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider applicants for the Parks and Recreation Commission. DATED: July 26, 1978 EUGENE R. SHELTON, Mayor City of Morro Bay, California By: . L. WARDEN, City Clerk 9 9 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting July 31, 1978 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Shelton. ROLL CALL PRESENT: Councilmen Cantine, Harmon, McGuire, Reasor and Mayor Shelton ABSENT: None Mayor Shelton stated that the meeting had been adjourned to discuss the wastewater treatment project and to discuss how to go about filling the position recently vacated by Ralph Dowell. 1. Discussion of wastewater discharge alternatives including a report from the Environmental Committee Mayor Shelton called on Peter Diffley, Chairman of the Environ- mental Committee to give the Committee's report. Mr. Diffley introduced the members of the Committee and explained each members' particular area of expertise. He then read the Committee report dated July 31, 1978. Basically their recommdations were that the City plan for a total wastewater reclamation project eventually phasing out discharge to the ocean; that the treatment plant be designed for modular expansion in direct proportion to the City's growth; that a survey be made of disposal alternatives mentioned in the report; that the Council adopt a report which reflects compliance with state and federal requirements for energy conservation; that Council investigate the Carrousel process; and that the John Carollo Engineers report not be accepted and that another engineering firm be hired to evaulate the Committee's recommendations. Mayor Shelton commended the Committee on their efforts in preparing this report in a relatively short period of time and thanked them for their recommendations. Comments were heard from Lila Keiser, John Lemons, Howard Gaines, Ralph Peters, Bruce Risley, George Hart, M'May Diffley, James Campbell, Charles Palmer, Majorie McConaghay, and Carl Ansberry. Harvey Hunt and John Johnson from Carollo Engineers were present and answered the questions raised in the Committee's report. Mr. Johnson reviewed each of the conclusions of the Committee's report and answered them. There was considerable discussion regarding sea water intrusion and the Carrousel process as well as.a reclamation project. Mr. Ken Jones from the Regional Water Quality Control Board advised the Council that a full scale reclamation project is out of the picture as far as the State is concerned; it is possible that a truncated reclamation project could be funded. Mr. Don Rothenbaum from the State Water Resources Control Board Grants Team advised the Council that the Clean Water Grant is not to solve the City's water problem, but rather the wastewater problem. He is currently trying to get a truncated reclamation project approved, however, the total reclamation project will not be approved by the State. If the City decides to go to a total reclamation project, the costs will have to be borne by the City. He stated that the City could realize a $4 million savings by John Johnson's proposal of the use of the Texaco pipelines for an outfall. He also corrected a misconception advanced by the Committee that the Carrousel process had been suggested by the • 0 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting July 31, 1978 Page Two State; it had been suggested to him by John Johnson of Carollo Engineers. The reason it had not been suggested before is that the process had not been fundable before. Mr. John Bergmuller, Vice President of the Cayucos Sanitary District, stated that the District has favorably recommended the approval of the John Carollo Engineers June report, however, it is requested that Carollo Engineers study the Carrousel process and return the results for consideration. Mr. Ansberry asked if the City must retain the present engineers for the design and construction of the project. Mr. Warden stated no; the Council could advertise and choose another engineer for the process. Mr. Peters asked if Mr. Rothenbaum could confirm Mr. Warden's assertion and Mr. Rothenbaum stated that Mr. Warden was correct. RECESS: 10:21 p.m. RECONVENED: 10:31 p.m. Mayor Shelton indicated appreciation to the Committee for their work and advised Mr. Rothenbaum that he did not appreciate his comments relative to the Committee and the patronizing flavor of those comments. Councilman Harmon stated that he had quite a few unanswered questions with regard to the Carollo report and was not prepared to approve it at this time. There was discussion regarding the Carrousel process; who should do the study and the time restraints under which it must be done. Mr. Rothenbaum suggested that Carollo do the report since they are so familiar with the Morro Bay problem and,to hire another engineer would take a considerable amount of time due to the grant regulations under which an engineer must be hired. There was also discussion about adopting the Carollo report with reservations. Councilman Cantine established from Mr. Rothenbaum that the Carrousel process could be investigated in the Phase II process along with other alternatives and, if the Council decides on one during the design process, it could be considered as an amendment to the report. MOTION: Mayor Shelton moved that Staff be directed to negotiate with the consultant to examine the Carrousel process and bring back to Council a report at the earliest possible date. The motion was seconded by Councilman Harmon. Councilman Cantine did not approve of the motion; he was in favor of adopting the Carollo report with reservations and investigating the Carrousel process in the second phase of the project when more time can be taken to decide who will do the report and evaluate the study. He had received assurances from Mr. Rothenbaum that if a new disposal alternative was developed during the second phase of the project, it would receive consideration. It was noted by Mayor Shelton that the intent of his motion was that the Mayor and City Clerk be authorized to sign the Agreement between the City and Carollo Engineers. There was considerable discussion with regard to the presentation before the Board on August 30th and whether the Carrousel report could be.ready by then. Harvey Hunt stated that they could have it ready three weeks from authorization to proceed. Mayor Shelton stated that he was not concerned that the report be ready to present to the Regional MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting July,31, 1978 Page Three Board; only that the investigation of the process begin now. The motion was carried with Councilmen Cantine and Reasor voting no. MOTION: Councilwoman McGuire moved that the Council adopt the Carollo Engineers report to include the truncated recla- mation system. The motion died for lack of a second. MOTION: Mayor Shelton moved that Council hear this matter again on the evening of August 14th which should include any addi- tional information. The motion was seconded by Councilwoman McGuire. Councilman Cantine was not in favor of hearing this matter again on the 14th; he felt that the City should get on with other things such as the budget. The motion failed with Councilmen Cantine, Harmon, and Reasor voting no. MOTION: Councilman Cantine moved that the City Administrator be directed to arrange for John Carollo Engineers to prepare a draft report for him to present to the Regional Board. The motion was seconded by Councilman Reasor. There was some discussion on the motion; Mr. Warden felt that the draft report should be presented to the Council for their review before final presentation to the Board. Councilman Cantine amended his motion to include that the report be prepared and presented to Council before the August 28th Council meeting. Councilman Reasor accepted the amendment and the motion was unanimously carried. 2. Consideration of advertising for an Assistant City Administrator/ Finance Director Councilman Cantine was not in favor of advertising for an Assistant City Administrator. He felt that the salary of the Public Works Director should be adjusted upward and that person could double as assistant administrator. He also felt that all department heads should be able to step in in the absence of the City Administrator. He was in favor of advertising for a Finance Director only. Mayor Shelton was in favor of advertising for the Assistant City Administrator/Finance Director position as soon as possible. Mr. Warden spoke strongly in favor of this position; he felt it was essential to the operation of this City to have an adequate backup to the City Administrator's position. As it was 12:00 a.m., Council members had to take a vote to continue the meeting any longer. MOTION: Mayor Shelton moved that the meeting be extended for fifteen minutes. The motion was seconded by Councilman Cantine and unanimously carried. MOTION: Mayor Shelton moved that the City advertise immediately for an Assistant City Administrator/Finance Director. The MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting July 31, 1978 Page Four motion was seconded by Councilwoman McGuire and carried with Councilmen Cantine and Harmon voting no. MOTION: Councilman Cantine moved that the meeting be adjourned. The motion was seconded by Councilman Harmon and unanimously carried The meeting adjourned at 12:09 a.m. Recorded by: M. L. WARDEN, �Ciit�y Clerk By: Ardith Davis Deputy City Clerk 4 16 CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL July 24, 1978 7:36 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. 1.3 D. E CONSENT CALENDAR 1. Minutes of the adjourned regular meeting of June 27, 1978' 2. Minutes of the special meeting of July 6, 1978 3. Minutes of the regular meeting of July 10, 1978 4. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 5. Resolution No. 38-78 authorizing additional permitted use on Lease Sites No. 124-127, 124W-127W - Fitzsimmons (RECOMMEND ADOPTION) HEARINGS',APPEARANCES AND REPORTS None UNFINISHED BUSINESS 1. Use of City facilities for recreation programs due to imposition of fees for use of school facilities 2. Recommendation to annex recently acquired Del Mar Park property NEW BUSINESS 1. Consideration of Planning Commission recommendation to allocate water equivalencies necessary to clear up "pipeline" applications 2. Resolution for consideration of adoption by League of California, Cities recommending revision of SB 325 provisions limiting 50% of funds to be spent for transit 3. Notice of Public Hearing by Regional Water Quality Control Board to determine City of Morro Bay compliance with Order No. 74-18 concerning wastewater discharge 4. Resignation of Mr. Ralph Dowell, Assistant City Administrator/ Finance Director and consideration of filling this vacancy INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 24, 1978 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Pro Tem Cantine with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Harmon, McGuire, Reasor, and Mayor Pro Tem Cantine ABSENT: Mayor Shelton STAFF PRESENT Murray Warden, City Administrator Michael T. LeSage, City Attorney Dave Braga, Parks and Recreation Director George Chrissakis, City Engineer James Nuzum, Planning Director Richard Schacht, Police Chief Bernard Zerr, Fire Chief Ardith Davis, Deputy City Clerk PUBLIC COMMENT There were no comments. A. CONSENT CALENDAR 1. Minutes of the adjourned regular meeting of June 27, 1978 2. Minutes of the special meeting of July 6, 1978 3. Minutes of the regular meeting of July 10, 1978 4. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 5. Resolution No. 38-78 authorizing additional permitted use on Lease Sites No. 124-127, 124W-127W - Fitzsimmons (RECOMMEND ADOPTION) Mayor Pro Tem Cantine reviewed the Consent Calendar. Under correspondence were a letter from Frank M. Clegg regarding a Regional Coastal Commission denial to build a house in Morro Bay and the City Administrator's response to that letter; a letter from Robert H. Calahan volunteering for the Citizens Transportation Advisory Council; a letter from Howard Mankins, Chairman of the County Board of Supervisors thanking the City for the support of a spay and neuter program in the County; a letter from Beth Knoche congratulating the Recreation Depart- ment on its summer classes; and a letter from the Cayucos Sanitary District requesting representation on the Environmental Committee. Councilman Reasor requested that the letter from the Cayucos Sanitary District be held off the Consent Calendar and considered separately. MOTION: Councilman Reasor moved for the approval of the Consent Calendar, Items A-1 through A-5, with the exception of the letter under Correspondence from Cayucos Sanitary District, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Harmon and unanimously carried. B. HEARINGS,' APPEARANCES AND REPORTS None MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 24, 1978 Page Two C. UNFINISHED BUSINESS 1. Use of City facilities for recreation programs due to imposition of fees for use of school facilities Mr. Warden stated that Council had requested some additional information on this issue with regard to the costs involved in using school facilities. He reviewed the memorandum presented to Council and noted some minor changes. MOTION: Councilman Harmon moved that the use of City facilities for City recreation programs be given priority over other non -City sponsored programs in City facilities as a matter of policy. The motion was seconded by Councilman Reasor. There was discussion with regard to those activities which would be displaced by recreation programs. Councilman Harmon amended his motion to include that the Parks and Recreation Commission would determine if and what activities would be displaced to allow for recreation pro- grams. Councilman Reasor accepted the amendment and the motion was unanimously carried. 2. Recommendation to annex recently acquired Del Mark Park Property Mr. Warden stated that the annexation of Del Mar Park was for tax purposes; it is a.condition of the deed restriction that the property be used in perpetuity for park purposes; there are no problems with property owners since no one lives on the property. Resolution No. 39-78, Resolution establishing initiation of proceedings for annexation:.of uninhabited land to be developed as a municipal park - Annexation No. 2, Del Mark Park Annexation MOTION: Councilwoman McGuire moved that Resolution No. 39-78 be read by title only. The motion was seconded by Councilman Harmon and unanimously carried. Mr. Warden read Resolution No. 39-78 by title only. MOTION: Councilwoman McGuire moved for the adoption of Resolution No. 39-78. The motion was seconded by Councilman Harmon and unanimously carried. Mr. Warden stated that the resolution establishes the hearing date for the proposed annexation as August 14, 1978. D. NEW BUSINESS 1. Consideration of Planning Commission recommendation to allocate water equivalencies necessary to clear up "pipeline" applications Mr. Warden stated that the Planning Commission had unanimously voted to allocate the 4.29 water equivalencies to finish off the Golden Valley Homes apartment development which is considered to be in the Coastal Commission "pipeline"; one of those projects which had been applied prior to .the Coastal Commission determination on December 14, 1977, which in affected created a moratorium for 'Morro Bay. This allocation would come from the third quarters' allocation of water equivalencies for mutiple dwellings. a MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL July 24, 1978 MOTION: Councilman Reasor moved that the recommendation of the Planning Commission to,approve a prior allocation of 4.29 water equivalencies for Golden Valley Homes be approved. The motion was seconded by Councilwoman McGuire and unani- mously carried. 2. Resolution for consideration of adoption by League of California Cities recommending revision of SB 325 provisions limiting 50% of funds to be spent for transit. Mr. Warden discussed the proposed resolution which, if approved by Council, would be sent to the League's Annual Convention for con- sideration as well as to the other cities in the County for endorse- ment. He explained that the Area Council was planning on withholding SB 325 funds from cities in order to fund a Regional Transportation Plan which is rather expensive. Mr. Warden feels that a Regional Plan could tie in with local systems, such as Morro Bay's Dial -A -Ride, thereby decreasing costs and allowing cities to have their share of SB 325 monies to run their systems. MOTION: Mayor Pro Tem Cantine moved that Staff be directed to transmit the proposed resolution for the consideration of the League of California Cities and any other cities that might be appropriate. The motion was seconded by Councilman Reasor and unanimously carried. 3. Notice of Public Hearing by Regional Water Quality Control Board to determine City of Morro Bay compliance with Order No. 74-18 concerning wastewater discharge Mr. Warden advised that the City had been sent a letter from the Regional Water Quality Control Board stating that a hearing will be held on August 30, 1978, at which time the City's compliance with Order No. 74-18 will be discussed. Mr. Warden stated that the City has been under this Order for some time and the Council must now show evidence of complying or face punitive measures. Council is in receipt of the Draft Report from John Carollo Engineers and adoption of that report would constitute compliance, however, Council has referred the Report to the Environmental Committee for study and recommendations. Mr. Warden advised that another system for treatment called a "Carrousel" process has recently become eligible for funding by the State. This could replace the proposed sludge system now being con- sidered and could result in a considerable savings. If Council is interested in investigating this process, Carollo Engineers could examine the process and provide a report before the August 30th deadline. Mr. Peter Diffley, Chairman of the Environmental Committee, advised Council of his discussions with the Environmental Protection Agency and the State Water Resources Control Board with regard to this matter. He urged Council to study the Carrousel process. Councilman Harmon asked Mr. Diffley what the perceptions of the Environmental Committee were as to the Carollo study and Mr. Diffley stated that the Committee is concerned about the costs and not meeting the demands of energy conservation; they were "cautious" about the report. There was discussion with regard to hiring another engineering firm to evaluate the 'Carrousel process and to perhaps evaluate the Carollo study as well. Mr. Warden pointed out the time constraints MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL July 24, 1978 involved in making a decision on this matter; he stated that the State project evaluator had indicated that Carollo should do the study because they are so familiar with the Morro Bay problem.and because of the time element involved. Council members felt that a special meeting should be held to discuss this matter wherein a report could be obtained from the Environmental Committee after their next meeting on Thursday. Also, Mr. Warden could contact the State grants people and advise them that the City is interested in evaluating the Carrousel process. Mr. Warden asked if Carollo Engineers should be asked to attend and Councilman Cantine did not feel that they should; the Council has previously heard from them and he did not wish to get into an adversary position with them on this matter. Councilwoman McGuire asked if it would cost anything for them to attend and Mr. Warden stated no. The other Council members did not object to Carollo being present at the meeting. Rod Pound, a member of the Environmental Committee, stated that he was satisfied with the explanations forwarded by Carollo Engineers with regard to reasons for not implementing various systems when they met with the Environmental Committee and the State people. MOTION: Councilwoman McGuire moved that Council set a date for a meeting to hear from the Environmental Committee, John Carollo Engineers and Staff on the Carrousel process and that Mr. Warden immediately request that the City does want the grant. The motion was seconded by Councilman Harmon. There was further discussion on the motion including when to set the meeting date. Councilwoman McGuire amended her motion to state that the Council would meet on Monday, July 31, 1978, at 7:30 p.m. in the Morro Bay Recreation Hall to hear a report from the Environmental Committee with John Carollo Engineers invited to be present and to review the report of the Environmental Committee and the method by which the undertaking of a supplemental study of the Carrousel process will be reached; additionally, that Mr. Warden be directed to advise the grants program administrators of the City's intent to proceed to investigate the Carrousel process. The amendment was accepted by Councilman Harmon and the motion was unani- mously carried. RECESS 9:14 p.m. RECONVENED 9:25 p.m. 4. Resignation of Mr. Ralph Dowell, Assistant City Administrator/ Finance Director and consideration of filling this vacancy Mr. Warden advised that he had received a letter of resignation from Mr. Dowell on July 13, 1978. He asked Council how they wished to proceed to fill this vacancy; he advised that it was impossible to handle the job by himself. Councilman Harmon and Councilwoman McGuire felt that the position should be advertised and applicants sought immediately. Mayor Pro Tem Cantine felt that instead of an Assistant City Administrator, a Finance Director should be sought. He had received indications from constituents that Council should attempt to run the management section of the City more economically and this is one way of responding to that perception. He did not feel that the City was a MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 24, 1978 Page Five large enough to justify the position of Assistant City Administrator. Mr. Warden strongly objected to advertising for a Finance Director only; he stated that the City Administrator's job cannot function efficiently without the backup of an Assistant. He felt that the Council should hire an Assistant Administrator/Finance Director in a dual capacity with the thought in mind that that individual can take over the Administrator's position if necessary. MOTION: Councilwoman McGuire moved that Staff immediately advertise for an Assistant City Administrator/Finance Director and that Mr. Warden be appointed interim City Treasurer/ Finance Director. The motion was seconded by Councilman Harmon. There was further discussion on this matter. Councilman Reasor suggested postponing the issue until the Council's adjourned meeting on Monday, July 31st, and discuss it again when a full Council is present. The motion failed with Councilmen Harmon, Reasor and Mayor Pro Tem Cantine voting no. MOTION: Mayor Pro Tem Cantine moved that Mr. Warden be appointed interim City Treasurer/Finance Director. The motion was seconded by Councilman Reasor and unanimously carried. Council decided that they would take up the matter of advertising for this position at the adjourned meeting. 5. Letter from Cayucos Sanitary District Mr. Warden stated that the letter was from the President of the Cayucos Sanitary District, George Hart, requesting that two members from their area be appointed to the Environmental Committee. Council members discussed this issue and it was noted that the meetings are open to the public and the public can voice their opinions at the meetings. MOTION: Mayor Pro Tem Cantine moved that the letter from the Cayucos Sanitary District be approved as a Consent Calendar Item to be filed. The motion was seconded by Councilman Harmon and unanimously carried. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilwoman McGuire discussed the vacant position of Public Works Director. She felt that the Council should begin interviewing for this position as soon as possible. Council agreed and Mr. Warden requested that Council members come into City Hall and review and screen the applications on file. (b) Councilwoman McGuire noted that the Planning Commission had recommended that the City hire an individual to prepare the City's Local Coastal plan. Mr. Warden stated that that decision was made Monday night after the Council's agenda had been prepared so that it was not on tonight's agenda. He stated that it would be on the agenda of the next regular meeting. (c) Councilman Harmon asked about the Planning Commission's review of the condominium designation in the zoning a MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL July 24, 1978 ordinance. Mr. Nuzum stated that the Planning Commission has a committee assigned to the matter. (d) Councilman Harmon suggested that Council have a joint meeting with the Coastal Commission about the City's moratorium and other items of interest. Mr. Warden questioned if the Council's meeting regarding the moratorium shouldn't be with the State Commission since they are the body that imposed the moratorium. He advised Council that members of the Staff of the Regional Commission would be at the next Council meeting to discuss preparation of the City's Local Coastal Plan. Council decided to hear the Commission Staff on that date and perhaps decide on a joint meeting for a later date. (e) Mayor Pro Tem Cantine asked what the status on the Community Development grant was. Mr. Warden stated that the City had been refused the grant on some technicality. Since a member of HUD has helped the City prepare the grant, the City is attempting to find out what went wrong and if the application can be resubmitted. (f) Mayor Pro Tem Cantine asked when the Council would receive an alternate budget. Mr. Warden stated that he is working on it and cannot give the Council a firm date as to when he will have it ready. (g) Mayor Pro Tem Cantine asked about the Council's request for a proposal to increase sewer and water rates to make those respective departments self-sustaining. Mr. Warden stated that he was working on that also. (h) Mayor Pro Tem Cantine discussed some residents' difficulty in getting Cable TV hookups because of a law suit between the Cable company and P. G. & E. He stated that P. G. & E. had proposed to let the Cable TV people use their poles for a fee on an interim basis until the suit is settled. Mr. Warden stated that he had not been aware of such an offer and would look into the matter. 2. City Attorney Mr. LeSage had nothing to report at this time. 3. City Council (a) Mr. Warden advised the Council that five applications had been received for Parks and Recreation Commissioner; there are three vacancies. He asked Council when they wished to interview these applicants. Council set Monday, August 7, 1978, at 7:00 p.m. in the City Hall Conference Room as the interview date. Councilman Harmon asked if another applicant can apply and Mr. Warden stated it was up to the Council, but from his viewpoint he couldn't see any reason why an application shouldn't be received. (b) Mr. warden advised that the League of California Cities' Annual Convention will be held September 24- 26th in Anaheim. He asked Council members to advise as soon as possible if they would be attending. (c) Mr. Warden stated that the quarterly meeting of the Channel Counties Division of the 'League of California Cities will be on August 18th in Camarillo. MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL July 24, 1978 (d) Mr. War the Art license fees for their reason for this reques with the artists based of this year. Council agenda for discussion. den stated that he had received a request from Association for a waiver on the new business Labor Day Art Show in the City Park. The t is that they have already entered into contracts on the commission fees of the first two shows directed that the matter be placed on the next (e) Mr. Warden reviewed the Elderly/Handicapped Transpor- tation system as proposed by the Council of Governments and opposed by various cities in the County. The proposed system could cut back considerably on the funds presently available to the cities to operate their transit systems. Council felt that the City should not accept the proposal by the Council of Governments and, if necessary, appeal to the Department of Transportation. (f) Mr. Warden reported on a previous question as to what is done with the sludge from the treatment plant; it is given away to anyone who wants it; some farmers are using it. ADJOURNMENT Mayor Pro Tem Cantine stated that he would like an executive session to consider a personnel matter. MOTION: Councilwoman McGuire moved that the meeting adjourn to executive session to discuss a personnel matter. The motion was seconded by Councilman Reasor and unanimously carried. The meeting adjourned to executive session at.10:49 p.m. and returned to regular session at 11:14 p.m. MOTION: Councilman Reasor moved that the meeting adjourn to Monday, July 31, 1978, at 7:30 p.m. in the Morro Bay Recrea- tion Hall to continue tonight's meeting. The motion was seconded by Councilman Harmon and unanimously carried. The meeting adjourned at 11:14 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting July 12, 1978 7:00 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:05 p.m. by Mayor Shelton. PRESENT: Councilmen Cantine, Harmon, McGuire, Reasor and Mayor Shelton ABSENT: None Mayor Shelton stated that this meeting was a continuation of the meeting of July loth, budget hearing. The next item on the budget was the Planning & Building Department. Jim Nuzum, Planning Director, presented a resume of the work load and activities of the Planning and Building Department, stating there were three employees, a Planning Director, Building Inspector, and Secretary. This Department also includes business licenses. Speaking from the audience were Howard Gaine Grace Melton and James Campbell. A general discussion followed; no action was taken. Mayor Shelton stated the next.item on the budget was the Public Works Department. Mr. Chrissakis, City Engineer, explained that there were ten divisions of the Public Works Department. Mr. Chrissakis explained each of the following divisions in detail: General Government Buildings, Engineering and Administration, Parking Facilities, Storm Drains, Street Department, Sanitary, Transportation, Water Department, Harbor Department and Street Lighting. RECESS: 8:45 p.m. RECONVENED: 8:55 p.m. Mayor Shelton continued on with the budget hearing stating the next item was City Council. Councilman Harmon stated he would like to see a 10% or 15% cut on salaries for the Councilmen. Mr. Warden explained the duties and personnel of City Administration and Legal Services. Ralph Dowell, Assistant City Administrator and Finance Director, explained the functions fo the Finance Department. Mr. Warden continued on with the budget hearing explaining the final items of the budget under the heading of Elections, General Services and Civil.Defense. Councilman Cantine commented that the Finance Committee would make their report at the next City Council meeting. No.action was taken. MOTION: Councilman Harmon moved that Council adjourn to executive session to considera personnel matter. The motion was seconded by Councilman Cantine and unanimously carried. The meeting adjourned to executive session at 11:20 p.m. and returned to regular session at 11:55 p.m. MOTION: Councilman Harmon moved that the meeting be adjourned. The motion was seconded by Councilman Cantine and unanimously carried. The meeting adjourned at 11:57 p.m. Recorded by: M. L. WARDEN, City Clerk By: Nellie C. Cecil Secretary 0 CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL July 10, 1978 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR 1. Minutes of the special meeting of June 17, 1978 2. Minutes of the executive meeting of June 17, 1978 3. Minutes of the special meeting of June 21, 1978 4. Minutes of the regular meeting of June 26, 1978 5. Minutes of the executive meeting of June 26, 1978 6. Expenditure Report, 6-16-78 through 6-30-78 (RECOMMEND APPROVAL) 7. Resolution No. 36-78 accepting work and giving notice of completion for Street Striping Project (RECOMMEND ADOPTION) B. HEARINGS, APPEARANCES AND REPORTS None C. UNFINISHED BUSINESS 1. Continuation of Budget Study (To be considered after comple- tion of items under D, New Business) D. NEW BUSINESS 1. Request of Sharon Fitzsimmons for approval of additional use of off -site beer sales, Lease Sites No. 124-127 (Moores) 2. Consideration of impact upon City Recreational Programs of School District fee increase for use of school facilities 3. Consideration of Local Coastal Plan Work Program requirements for planning personnel to develop the Local Coastal Program E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Administrator NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Thursday, July 6, 1978, at 7:00 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes. Street, Morro Bay, California, for continuation of the budget study. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 10, 1978 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Shelton with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Cantine, Harmon, McGuire, Reasor, and Mayor Shelton ABSENT: None STAFF PRESENT Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael LeSage, City Attorney Dave Braga, Parks and Recreation Director George Chrissakis, City Engineer James Nuzum, Planning Director Richard Schacht, Police Chief Bernard Zerr, Fire Chief Ardith Davis, Deputy City Clerk PUBLIC COMMENT 1. Mrs. Mildred Wilson advised the Council of the disturbance of residents in the area of 415 Monterey Street by a diesel truck and an unsightly van. The diesel truck operates at irregular hours thereby disturbing the neighbors sleep by parking the truck on the street instead of in an equipment yard. Council questioned Staff as to whether there were any ordinances prohibiting this type of disturbance and Mr. Warden stated that there were not;'this kind of problem is hard to control without a specific ordinance dealing with it. Mayor Shelton advised Mrs. Wilson that Council would investigate the matter and get back to her. 2. Lila Keiser stated that she did not feel that there was enough police protection in Morro Bay with only one patrol car patrolling in the evenings. She stated that Proposition 13 did not advocate reducing fire or police protection. 3. Grace Melton wanted to remind the Council of the property owners in Morro Bay who are unable to build on their vacant lots because of the moratorium. 4. Mr. W. Korisheli spoke relative to the need for conservative speed limits on City streets; we do not need speedy streets. Mayor Shelton advised that a delegation from Taiwan would be making a presention before Council later in the evening and stated that he would interrupt the proceedings when they arrived to welcome them. A. CONSENT CALENDAR 1. Minutes of the special meeting of June 17, 1978 2. Minutes of the executive meeting of June 17, 1978 3. Minutes of the special meeting of June 21, 1978 4. Minutes of the regular meeting of June 26, 1978 5. Minutes of the executive meeting of June 26, 1978 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 10, 1978 Page Two 6. Expenditure Report, 6-16-78 through 6-30-,78 (RECOMMEND APPROVAL) 7. Resolution No. 36-78 accepting work and giving notice of completion for Street Striping Project (RECOMMEND ADOPTION) Mayor Shelton reviewed all items on the Consent Calendar. I MOTION: Councilman Harmon 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 Mayor Shelton and unanimously carried. B. HEARINGS, APPEARANCES AND REPORTS None C. UNFINISHED BUSINESS 1. Continuation of Budget Study (To be considered after comple- tion of items under D, New Business) Mayor Shelton stated that this item would be taken up after New Business on the agenda. D. NEW BUSINESS 1. Request of Sharon Fitzsimmons for approval of additional use of off -site beer sales, Lease Sites No. 124-127 (Moores) Mr. Warden stated that this request was for the Virg's Fish'n lease site and the use would consist of selling packaged beer to take off the premises. MOTION: Mayor Shelton moved that Staff be authorized to prepare a resolution approving this additional use. The motion was seconded by Councilwoman McGuire and unanimously carried. 2. Consideration of impact upon City Recreational Programs of School District fee increase for use of school facilities Mr. Warden advised that as a result of Proposition 13, the school district will be charging for use of its facilities. He stated that many organizations use the City facilities at little or no cost, and suggested that perhaps Council would like to eliminate some of these non -City uses in order to place some recreation programs in City facilities thereby negating the cost of using school facilities. Council members were interested in the costs involved and directed Staff to come back with that information at the next meeting. 3. Consideration of Local Coastal Plan Work Program requirements for planning personnel to develop the Local Coastal Program Mr. Warden explained the need for translating the City's Work Program in to a Local Coastal plan and the various avenues available for accomplishing it; i.e., hire an individual, hire a consultant or use in-house staff. It is anticipated that the $35,000 to $45,000 to be allocated for LCP preparation will not answer all the questions posed by the Coastal Act, however, the Commission cannot require more to be done than they are able to fund. 0 46 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL July 10, 1978 Councilwoman McGuire was in favor of hiring an individual to perform this task; Councilman Harmon agreed. Councilman Cantine was in favor of returning the matter to the Planning Commission for their recommendations to Council on hiring for preparation of the LCP and submitting that recommendation to the Council along with the Work Program. There was discussion on this matter with Councilmen Harmon and McGuire of the opinion that the approach is what is being discussed and not the quality of the LCP at this point. MOTION: Mayor Shelton moved that Council submit the matter of how to hire for preparation of the LCP to the Planning Commission for their recommendations and that a Work Schedule also be submitted to Council with their recommenda- tions. The motion was seconded by Councilman Cantine and carried with Councilmen Harmon and McGuire voting no. The regular business of the City being complete, Mayor Shelton introduced the Delegation from Taiwan which is visiting the City of Morro Bay through the combined efforts and invitation of the Chamber of Commerce and the Morro Bay Grange under the Sister City Program. Those in attendance were the Leader, Chen Gen -Won, Chairman of Tan-Sui County with is the Sister City to Grover City; Co -Leader, Wong Chou - Lung, Chairman of Su-Auo County, Sister City to Morro Bay; Secretary, Bodil Ree, who interprets for the Delegation and is employed by Metropole Express Co., Ltd.; a member of the delegation, Chou Shan- Wun, Chairman of Pu-Li County and Sister City to Atascadero; and another member of the Delegation, Lin Sing-Shing, Representative of Su-Auo County. Mayor Shelton read a proclamation declaring July 10, 1978, Sister City Day in the City of Morro Bay and welcomed.the Taiwanese Delega- tion to Morro Bay. The Mayor and the members of the Delegation exchanged souvenirs and a recess was called to visit with the Delegation. RECESS 8:27 p.m. RECONVENED 8:50 p.m. C-1 Continuation of Budget Study Resolution No. 37-78 approving and adopting an Interim Budget for the Fiscal Year 1978-79 Mr. Warden explained that the Interim Budget approved the operating budget with certain conditions; no capital outlay projects to be con- tracted, hiring of employees to vacated positions would be delayed until a Final Budget is adopted, and the City Administrator would have to specifcally authorize any expenditures. MOTION: Councilman Cantine moved that Resolution No. 37-78 be read by title only. The motion was seconded by Mayor Shelton and unanimously carried. Mr. Warden read Resolution No. 37-78 by title only. MOTION: Mayor.Shelton moved for the adoption of Resolution No. 37-78. The motion was seconded by Councilman Reasor and unanimously carried by roll call vote. MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL July 10, .1978 Mayor Shelton stated that it was in order to proceed with ques- tioning the Department Heads about their departments at this time. Councilman Cantine suggested that Community Promotion be considered first since there were several people in the audience waiting to be heard. 8. Community Promotion, Budget Account No. 19 Mayor Shelton stated that the first item under Community Pro- motion is the Chamber of Commerce request for 25% of the occupancy taxes. Mr. Bob DeSomer, Chamber of Commerce President, made a presentation regarding the Chamber's function and their activities in the Community. He pointed out that many volunteer hours are donated to Chamber activities for which it would be hard to put a dollar figure to. Comments were also heard from Bruce Risley, Howard Gaines, Richard Palmer, Hazel Cook, Manual De La Rosa, Bob Blacker and Gary Hempenias. Mayor Shelton stated that he had not yet seen any figures which showed that advertising brought tourists to Morro Bay; he did not feel he could support an advertising program without some concrete evidence that it was effective. He was in favor of supporting the Chamber by matching their dues. Councilwoman McGuire felt that tourism was very important and supported an advertising program to some extent; she also felt that there were areas that were luxurious and would like to discuss these with Mr. Palmer later. Councilman Harmon was in favor of some kind of funding for the Chamber of Commerce with a different emphasis on some of the activities; he would like to see more retail promotion for the City so that people shop locally; he thought visitor promotion could be enhanced to provide signs so that visitors can get around better; also he felt that more informational services for the merchants would be valuable; he felt that Chamber should at least have as much allocated to it as last year. Councilman Cantine was in favor of only those items the Chamber provides which are of interest to the City as a whole. Councilman Reasor suggested that the Chamber come back with an alternate budget such as has been requested of Staff; that is cuts in 5% increments. Council concurred in this recommendation. Mr. Paul Nelson made a presentation on behalf of the San Luis Obispo County Symphony for their fiscal year 1978/79 allocation of $500 to support Symphony activities. Councilman Cantine stated that he would have to disqualify himself from voting in this matter because he is a member of the Board of Directors of the Symphony, however, he wished to endorse their request. Mr. Donald Carey made a presentation supporting the San Luis Obispo County Youth Symphony request for a $500 allocation. Robert Chase made a presentation on behalf of Hotline and requested an increase in their $120 fiscal year allocation to $483. This figure is based on the fact that Hotline receives 58 of its total calls from Morro Bay and the $483 represents 58 of their total budget. He explained that their volunteer help represents $50,000 per year. Councilman Harmon asked what the purpose of Hotline is and Mr. Chase stated that it is a twenty-four hour telephone crisis and referral service. Councilwoman McGuire indicated that she would be in favor of the increase for Hotline. 46 MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL July 10, 1978 Hazel Cook passed on two suggestions for raising revenue; (1) use advertising on the Dial -A -Ride buses for various businesses in the City, inside and outside of the buses; and (2) charge a fee for registering bicycles. There was further discussion on the Chamber allocation and the purpose for occupancy tax monies. Council members decided to continue discussion and questioning of the proposed budget on Wednesday, July 12, 1978, at 7:00 p.m. in the Recreation Hall. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman Reasor asked if Staff had heard anymore about how much money the City would receive from the State as a result of Proposition 13. Mr. Warden reported on a Propo- sition 13 meeting he and Mr. Dowell had attended last week where, basically, no answers were forthcoming. The State is waiting for the Assessors to finish their work before they can figure out the alloca- tions to the various cities and counties. Councilman Reasor was concerned about a newspaper article he read with regard to the allocation of these monies which would, in effect, leave the cities out of the picture. If this was the case, he suggested the City compose a very strong worded letter to local legislators expressing the Council's dismay over the distribution. (b) Councilman Harmon stated that there had been accusations that this Council was indecisive. He recalled the items considered this evening in which two of the three were postponed by Council. _He wondered if enough information was being given to Council and suggested that since Council receives their agenda packets on Monday instead of Thursday, they could call the City Administrator if they have questions and perhaps the issues could be resolved the evening they are considered. (c) Councilman Cantine brought up the matter of the diesel truck on Monterey and the problems the neighbors are having with this nuisance. He suggested that Staff research the matter and see if they can come up with a reasonable ordinance which would help these people in residential areas out. Council concurred in this recommendation. 2. City Attorney (a) Mr. LeSage stated that a motion to intervene had been filed on the Coastal Commission suit which the Council had directed the City Attorney to drop. This means that several individuals are attempting to pick up the City's suit and pursue it. There was discussion as to whether this could have been prevented and Mr. LeSage stated that it could have if he had walked the matter through. Comments were made by Bruce Risley and Peter Diffley. 3. City Administrator (a) Mr. Warden passed a chart to the City Council showing the inflationary impact from 1967-68 to 1977-78 on the City's budget. r MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL July 10, 1978 (b) Mr. Warden reported on the Elderly/Handicapped trans- portation proposal and stated that the City could, through the League of California Cities, prepare recomended changes to the SB 325 legislation so as not to jeapordize SB 325 monies being used by cities who are already operating a transportation system. Councilman Cantine spoke about the power plays taking place on the Council of Governments with regard to these funds and the fact that the cities in the County are beginning to take notice of Mr. Protopapas' detrimental position in this matter. (c) Mr. Warden advised that there is to be discussion with Mayor Shelton with P. G. & E. with regard to using their property on Main Street north of Radcliff for a moto-cross track. He noted that this is for bicycles as opposed to the motorcycle track proposed some years ago and strongly opposed by residents in the area. (d) Mr. Warden requested a meeting regarding the Brebes T Pier with Councilman Reasor and Mayor Shelton in attendance. Tuesday, July llth, at 4:00 p.m. in the City Hall Conference Room was set. (e) Mr. Warden advised that he was receiving letters of objection to the City's new weed abatement charges. He asked if Council wished to reconsider the effective date of the resolution in view of the dissatisfaction evidenced. The resolution recently passed by Council increased the weed abatement fees to $35 per 2400 square foot unit and went into effect immediately. Council members decided to let the resolution stand and that people could appeal during a period in February if they were dissatisfied with the program. (f) Mr. Warden advised that the City has a chance of doubling the..amount of money available for the development of Del Mark Park by applying for a federal grant; the City can use the $236,000 it has in State grants which includes $50,000 local monies to apply for a federal grant without requiring additional funds from the City. Mr. Warden stated that Staff would proceed if Council had no objections. No objections were voiced. (g) Mr. Warden reminded the Mayor of a need for an appoint- ment to the COG Citizens Advisory Committee. (h) Mr. Warden asked Council if they wished letters to go to the Public Works Director applicants advising them that the position interviews were being held up until after a final budget is adopted. Council said yes. MOTION: Councilman Harmon moved that the meeting adjourn to Wednesday, July 12, 1978, at 7:00 p.m. in the Morro Bay Recreation Hall. The motion was seconded by Councilman Cantine and unanimously carried. The meeting adjourned at 11:49 p.m. Recorded by: M. L. WARDEN, it�Chty Clerk �� By: Ardith Davis Deputy City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting July 6, '1978 7:00 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:00 p.m. by Mayor Shelton. 11103 IOffet;Mi1 PRESENT: Councilmen Cantine, Harmon, Reasor, and Mayor Shelton ABSENT: Councilwoman McGuire Mayor Shelton stated that this meeting had been called for the purpose of reviewing the 1978/79 proposed Budget. 1. Discussion regarding alternate budget. Mayor Shelton called on Councilman Cantine as he had requested this item to be on the agenda. Councilman Cantine stated that he would like to see an alternate budget presented which incorporated those funds lost by the enactment of Proposition 13; in other words, a budget which reflected the loss of programs the City would have to do without in conformance to Propo- sition 13 and the desires of citizens as expressed at past Council meetings. He felt that the present budget protected all programs and personnel and put very little into capital improvements when there are a considerable number of captial improvements needed in Morro Bay. He requested that the City Administrator be directed to take the proposed budget and, without any restrictions on him and holding no department sacred, cut back to a $2 million budget. He felt that the cuts should be in the operating budget rather than in the capital programs. Councilman Reasor agreed in concept, however, felt that the amount requested to be cut was too much; perhaps a 15% cut should be considered. Councilman Harmon stated that he would like to see a $2 million budget also, along with going ahead with the reserve programs. Mayor Shelton stated that the purpose of the alternate budget would be for the Council to see what would be lost by these cuts. Mr. Warden stated that he needed guidance from Council as to what programs they felt the City could do without; if left up to him, he would make a 15% or 20% cut across the board. Council members were not in favor of an across the board cut. Councilman Cantine indicated that he did not like consultant fees at all; he would like to strengthen the Public Works engineering depart- ment; perhaps the building inspector could be used in the Public Works Department since the City has a moratorium on building and he shouldn't be as occupied in that area; free services, like the rent-free use of the Veterans Hall to the Senior Citizens and other recreation programs, should be looked at; perhaps the Police Department could be reduced. COUNCILWOMAN McGUIRE WAS PRESENT AT 7:20 p.m. Councilman Harmon felt that Mr. Warden could start with the City Council budget; the building department should be looked at due to the decreased activity because of the moratorium; there should be a "user pay" policy in the Recreation Department. MINUTES - MORRO BAY CITY COUNCIL Special Meeting July 6, 1978 Page Two There was considerable discussion regarding the level of services in Morro Bay and the various programs involved. Mr. Warden suggested that he bring back a budget cut in 5% increments for Council examina- tion. Council agreed with this. There was discussion about adopting an interim budget which would allow the City to continue with its day- to-day operations. The interim budget could include the provision that no capital expenditures would be made. Council agreed with this concept and Mr. Warden stated that he would try to have something available by Monday. The alternate budget would take longer to compile; perhaps several weeks. Mr. Warden advised Council that if personnel positions are put in a "freeze" status or employees layed off, the CETA program would be in danger, since the City is not allowed to lay off or freeze positions unless they also let their CETA employees go. 2. Police Protection, Department No. 25 Dick Schacht, Police Chief, briefly explained the operation of his department, and the personnel involved. Council members asked specific questions to which he responded. There was discussion rela- tive to the number of personnel currently unavailable for work due to resignations or industrial injurty. Chief Schacht explained that he is coping with the situation by using overtime and assigning the detective and juvinile officer to the patrol area. There are also times when officers are left without a backup, thereby exposing on - duty officers to a greater risk. 3. School Crossing Guard, Department No. 29 Chief Schacht explained that this budget represented the salary for an individual who escorts school children across the street at Morro Bay Boulevard and Shasta Avenue. There was discussion relative to the necessity for this position since there are many other busy intersections in the City which are used by school children without assistance. RECESS 8:28 p.m. RECONVENED 8:45 p.m. Mayor Shelton asked if the public had any comments or questions relative to the Police Department budget. Comments were heard from Howard Gaines, Bill Morley, Mr. Hempenias, Carl Ansberry, and James Campbell. Mr. Campbell wanted to get on record whether or not the Mayor supported limited building in Morro Bay for the single family resident, non -speculator. Mayor Shelton assured him that he has always supported building to that extent. 4. Fire Protection, Department No. 26 Fire Chief Bernard Zerr, reviewed Fire Department activities for the Council which included responding to fire alarms, medical aid, training, fire hydrant inspection, building inspections, and service programs for fire and health safety. He noted that medical aid calls comprise the biggest percentage of their calls. There was considerable discussion with regard to reserves, services, and the fire rating figures. Comments were heard from Bill Morley, Rod Pound and Howard Gaines. 5. Parks and Recreation, Department No. 23 MINUTES - MORRO Special Meeting Page Three BAY CITY COUNCIL July 6, 1978 Dave Braga, Parks and Recreation Director, reviewed the activities of his department and the participation in the various programs offered; There was discussion about the 22,000 total participation in view of the 8,000 population of the City. Mr. Braga advised that one person could be involved in several programs and, therefore, be counted several times. Council was interested in how many people in Morro Bay actually participated in the programs. There was considerable dis- cussion about the soft -ball program and charging extra for out-of-town participants and including in -the self-sustaining, user -pay policy, administrative costs. Mr. Braga gave examples of general fund supported programs, partially funded programs and self-sustaining programs. Comments were heard from Bill Morley, Rod Pound, Howard Gaines, Faye Eldridge, and James Campbell. Mr. Gaines charged that the Recreation Department was empire building and that the 37% to 40% of the popula- tion in this City who are senior citizens do not need the programs at all. Mr. Braga pointed out that 31% of the programs are participated in by senior citizens. Councilman Cantine stated that he would like a breakdown of the Recreation Coordinator listed on line 35 of page 61 of the budget which states that this person is responsible for special interest classes, senior citizens and special events. Mr. Braga indicated that this could be provided, however, he did not have the information with him at the present time. Council members decided to adjourn the meeting at this time and take up with the rest of the budget on Monday night after the regular agenda. ADJOURNMENT MOTION: Mayor Shelton moved that the meeting be adjourned. The motion was seconded by Councilman Cantine and unanimously carried. The meeting adjourned at 11:06 p.m. Recorded by: M. L. WARDEN, City Clerk X - By: Ardith Davis Deputy City Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting June 27, 1978 7:00 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:05 p.m. by Mayor Shelton. PRESENT: Councilmen Cantine, Harmon, Reasor and Mayor Shelton. ABSENT: Councilwoman McGuire Mayor Shelton advised that the meeting was for the purpose of continuing discussions on alternate sources of revenue and beginning discussions on the proposed 1978/79, budget if time allows. The first item is changes to the occupancy tax ordinance. The Council directed Staff to provide an ordinance based upon a seasonal rate and one with a constant rate. Mr. Warden advised of the occupancy tax rates being proposed or adopted in nearby communities, i.e., Arroyo Grande, 6%; Paso Robles, 8%; Pismo Beach, 6%; Grover City, 6%; San Luis Obispo, 6%. COUNCILWOMAN McGUIRE WAS PRESENT AT 7:10 p.m. Mr. Warden advised that the City's last increase in the bed tax rate was in 1968 when it went from 48 to 5%. Mayor Shelton asked the public if they had comments regarding the bed tax increase. Comments were heard from Mr. Stoner, Gerry Hempenias, Tina Francis, Lois Rowland, Betty Floercky, Norman Phillips, Patty Hempenias, Mr. Smith, Hazel Cook, Richard Palmer, Bob Sherwin, Joe Giannini, Jr., and James Campbell. The motel owners felt that an increase in bed tax would send their customers to other communities; they suggested lowering the bed tax thereby increasing business and the sales tax revenue the City receives. RECESS 9:17 p.m. RECONVENED 9:37 p.m. Mayor Shelton stated that he was in favor of a 7% increase in the bed tax because he feels that the tourist population has a significant impact on the City's facilities. Councilman Harmon was in favor of the "user pays" principle and stated that most of the City's improve- ments have taken place in the downtown area, i.e., underground utilities, repaving streets, street sweeper, etc. Since these areas are in the tourist oriented area, he felt that an increase in the occupancy tax was in order. Councilman Reasor stated that whatever increase is enacted by Council, it will probably be the last time an increase can be made since it will take a 2/3 vote to increase taxes after July 1st and it is not very likely that the taxpayers will vote for any tax increases in the future. He was, therefore, in favor of an occupancy tax increase at this time which would be a reasonable rate reflecting current economic factors. MOTION: Councilman Cantine moved that Council establish a flat rate for the motel occupancy tax at 6%. The motion was seconded by Councilman Reasor and carried with Councilman Harmon and Mayor Shelton voting no. It was noted that this percentage should be inserted in the draft ordinance for the flat year -around rate rather than seasonal one. MOTION: Councilman Cantine moved that Ordinance No. 158 be read by title only. The motion was seconded by Councilman Reasor and unanimously carried. Mr. Warden read Ordinance No. 158 by title only. MINUTES - Adjourned Page Two MOTION: MORRO BAY CITY COUNCIL Regular Meeting JunC27, 1978 Councilman Cantine moved for the adoption of Ordinance No. 158 as an urgency measure. The motion was seconded by Councilman McGuire and unanimously carried. Mr. Warden stated that, as an urgency measure, this ordinance would go into effect immediately. The collection period for the 68 bed tax will begin July 1, 1978. There were several questions by motel owners to which Mr. Warden responded. With regard to the mooring and dockage fee increases, Council members decided to wait until the fishermen were back from fishing before considering these rates. Mr. Warden advised that Council had directed the doubling of all business license fees and Ordinance No. 159 represents that increase. MOTION Mayor Shelton moved that Ordinance No. 159 be read by title only. The motion was seconded by Councilman Reasor and unanimously carried. Mr. Warden read Ordinance No. 159 by title only. MOTION: Mayor Shelton moved for the adoption of Ordinance No. 159 as an urgency measure. The motion was seconded by Councilman Reasor and unanimously carried. With regard to weed abatement, Council was in receipt of a resolu- tion raising the fee from $3.00 per 2400 square feet to $35.00 per 2400 square feet. There was discussion on this proposal with comments from Howard Gaines, Marlene Owens, Hazel Cook, and James Campbell. Mayor Shelton read Resolution No. 34-78 by title only; Resolution establishing charges for weed abatement. MOTION: Councilman Cantine moved for the adoption of Resolution No. 34-78. The motion was seconded by Councilwoman McGuire and unanimously carried. Resolution No. 35-78, resolution increasing charges for permit fees. MOTION: Mayor Shelton moved for the adoption of Resolution No. 35-78. The motion was seconded by Councilman Cantine. Mayor Shelton asked Mr. Warden to review the resolution for the audience. Comments were heard from Mr. Campbell who asked Council to defer passing this resolution until he had time to review it. There was considerable discussion on this matter with Council members stating that the increase in building permit fees had been a subject of several study sessions and they felt it was in order to act on the matter at this time. Mayor Shelton wished to validate the motion by having it made again. MOTION: Councilman Cantine moved for the adoption of Resolution No. 35-78. The motion was seconded by Councilman Reasor and carried with Councilman Harmon voting no. E. INDIVIDUAL DETERMINATION AND/OR ACTION MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting June 27, 1978 Page Three 1. City Council (a) Mayor Shelton stated that this portion of Monday night's meeting had not been completed, so it would be considered at this time. (b) Councilman Cantine discussed raising the rates on water and establishing a sewer charge to make the water and sewer departments self-supporting; this to include operation and maintenance of the facilities, not long term capital reserves. He stated that with regard to the sewer charge, four classifications should be established - residential, light commercial, medium commercial, and heavy commercial with a flat rate charge to residential and light commercial and a rate based on percentage of the flow for medium and heavy commercial. He requested that Staff come up with proposals along these lines for Council consideration at a later date. (c) Councilwoman McGuire made a suggestion with regard to the agenda packets being provided at the library or on the front counter for public review. There was discussion regarding the kind of Staff work involved in this and no action was taken by Council. (d) Mayor Shelton advised that a delegation from our sister city in Taiwan would be hosted by the Chamber of Commerce and Grange on July loth. (e) Council discussed the procedure for the next discussion of the budget. Councilman Cantine stated that he would like the Council to be thinking about whether they would like an alternate budget. He felt that should be the first discussion at the next meeting and then proceed to asking the department heads questions about their services. Council established July 6th, at 7:00 p.m. in' the Recreation Hall as the next meeting date. 2. City Attorney Mr. Le Sage was not present at this meeting. 3. City Administrator (a) Mr. Warden discussed SB 154 and its impacts on Morro Bay. MOTION: Mayor Shelton moved that the meeting adjourn to Thursday, July 6, 1978, at 7:00 p.m. in the Morro Bay Recreation Hall. The motion was seconded by Councilman Harmon and unanimously carried. The meeting adjourned at 11:47 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 26, 1978 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR 1. Minutes of the regular meeting of June 12, 1978 2. Minutes of the executive meeting of June 12, 1978 3. Financial Report, 7-1-77 through 5-31-78 (RECOMMEND APPROVAL) 4. Expenditure Report, 6-1-78 through 6-15-78 (RECOMMEND APPROVAL) 5. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 6. Resolution No. 30-78 regarding acceptance of Urban Mass Transportation Administration grant for acquisition of new handicapped equipped Dial -A -Ride bus (RECOMMEND ADOPTION) 7. Resolution No. 31-78 approving grant of Use Permit Agreement to Friends of Roandoak (RECOMMEND ADOPTION) 8. Resolution No. 32-78 approving grant of Use Permit Agreement No. 115 to Morro Dunes Trailer Park and Campground, Inc. (RECOMMEND ADOPTION) 9. Resolution No. 33-78 approving grant of Use Permit Agreement No. 120 to Morro Dunes Trailer Park and Campground, Inc. (RECOMMEND ADOPTION) B. HEARINGS, APPEARANCES AND REPORTS 1. Appearance of Mollie Bruno, Morro Bay Senior Citizens, explaining senior programs and planning for a Seniors/Community Center 2. City Attorney's report concerning claim of Lindsay Lund C. UNFINISHED BUSINESS 1. Consideration of bid from Floyd Wells to drill a replacement. well in the Chorro Valley 2. Continuation of Budget study to include consideration of alternate sources of revenue (To be considered after completion of items under D, New Business) D. NEW BUSINESS 1. Consideration of dropping City of Morro Bay legal action against the Coastal Commission 2. Determination of filling June 30, 1978, expiration of terms for three Parks and Recreation Commissioners E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 26, 1978 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Shelton with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Cantine, Harmon, McGuire, Reasor, and Mayor Shelton ABSENT: None STAFF PRESENT Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael LeSage, City Attorney Dave Braga, Parks and Recreation Director George Chrissakis, City Engineer James Nuzum, Planning Director Richard Schacht, Police Chief Bernard Zerr, Fire Chief Ardith Davis, Deputy City Clerk PUBLIC COMMENT 1. Grace Melton discussed the activities of the Scenic Coast Board of Realtors with regard to the Make America Beautiful program. 2. John Lemons stated that the sewer service charge rescinded by the Council had been the fairest available way to raise money for the City. He stated that the Council's discussions of the business license fee indicated an "anti -business" attitude. 3. Cathy McWilliams encouraged understanding between Council members and citizens. 4. Lila Keiser spoke against dividing the town. 5. James Campbell suggested that the Council live with the funds they have and quit trying to raise money. 6. Howard Gaines discussed the anticipated revenues to be provided by the State. 7. Mr. Stoner was in favor of the entire community sharing in increases in fees. 8. Marge McConaghay advised that the message of Proposition 13 was to cut expenses, not shift the burden. Mayor Shelton advised that many of the subjects raised under Public Comment would be addressed by the Council later in the evening when the various ordinance changes dealing with fees were discussed. A. CONSENT CALENDAR 1. Minutes of the regular meeting of June 12, 1978 2. Minutes of the executive meeting of June 12, 1978 3. Financial Report, 7-1-77 through 5-31-78 (RECOMMEND APPROVAL) 1-1 MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL June 26, 1978 4. Expenditure Report, 6-1-78 through 6-15-78 (RECOMMEND APPROVAL) 5. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 6. Resolution No. 30-78 regarding acceptance of Urban Mass Transportation Administration grant for acquisition of new handicapped equipped Dial -A -Ride bus (RECOMMEND ADOPTION) 7. Resolution No. 31-78 approving grant of Use Permit Agreement to Friends of Roandoak (RECOMMEND ADOPTION) 8. Resolution No. 32-78 approving grant of Use Permit Agreement No. 115 to Morro Dunes Trailer Park and Campground, Inc. (RECOMMED ADOPTION) 9. Resolution No. 33-78 approving grant of Use Permit Agreement No. 120 to Morro Dunes Trailer Park and Campground, Inc. (RECOMMEND ADOPTION) Mayor Shelton reviewed all items on the Consent Calendar. Corres- pondence consisted of a letter from the San Luis Obispo County Youth Symphony thanking the City for its contribution; a letter from Carol Burns of Action for Animals' Rights thanking the Council for their support of a spay -neuter clinic in San Luis Obispo County; a resolu- tion from the City of South E1 Monte supporting the rights of the unborn and opposing elective abortion; and a copy of a letter from the Morro Bay Senior Citizens, Inc. to Mrs. Jimmy Carter requesting assis- tance in obtaining a grant for a Seniors Community Center. Councilman Cantine requested that Item A-2 be held off the agenda and considered separately. MOTION: Councilman Reasor moved for the approval of the Consent Calendar, Items A-1 through A-9 with the exception of Item A-2, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Mayor Shelton and unanimously carried. A-2 Minutes of the executive meeting of June 12, 1978 Mr. Warden advised that since Item A-2 is.the executive meeting minutes, discussion of it should properly take place in executive session. Council agreed. B. HEARINGS, APPEARANCES AND REPORTS 1. Appearance of Mollie Bruno, explaining senior programs Community Center Morro Bay Senior Citizens, and planning for a Seniors/ Mollie Bruno, Morro Bay Senior Citizens, Inc. President, stated that she was asking Council support in obtaining a grant for a Seniors Community Center. She reviewed the programs provided by the Morro Bay Senior Citizens and read a letter from Dr. Howard Mitchell of the San Luis Obispo County Health Agency supporting Senior activities and a letter from the Seniors to Mrs. Jimmy Carter urging her support and help in obtaining a grant for a Center. Council members thanked her for her presentation. Councilman Cantine stated that one of his objectives when elected Councilman was to work towards obtaining an adult community center. 2. City Attorney's report concerning claim of Lindsay Lund Mr. LeSage requested that Council revise their previous action on this claim and indicate that the claim is not acceptable because it MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 26, 1978 Page Three was filed after the 100 day deadline for filing claims. MOTION: Councilman Cantine moved that the claim of Lindsay Lund for damages not be adcepted by the Council. The motion was seconded by Councilman Reasor and unanimously carried. C. UNFINISHED BUSINESS 1. Consideration of bid from Floyd Wells to drill a replacement well in the Chorro Valley Mr. Warden explained that this bid exceeds the budgeted amount because the project estimate did not include the rewinding and overhaul of the motor and overhaul of the pump. An additional problem is that construction of the well cannot begin until the City has approval from the State Coastal Commission of a sea water intrusion monitoring program. It is possible that their approval will not be forthcoming before the deadline for awarding the bid. Therefore, Mr. Warden recommended rejecting the bid and the City will readvertise after approval of a monitoring program and include those items in the bid which were left out this last time. Council members asked several questions to which Mr. Warden responded. MOTION: Mayor Shelton moved that the bid from Floyd Wells to drill a replacement well in the Chorro Valley be rejected. The motion was seconded by Councilwoman McGuire and unanimously carried. 2. Continuation of Budget study to include consideration of alternate sources of revenue Mayor Shelton advised that this matter would be considered after the completion of the agenda. D. NEW BUSINESS 1. Consideration of dropping City of Morro Bay legal action against the Coastal Commission Mr. Le Sage briefed the Council on the history of this suit and the fact that it was a policy decision by the former Council to under- take this action. he pointed out that the basis for the suit was that the facts presented to the Coastal Commission did not support the action taken which was to place a moratorium on the City of Morro Bay; nor was due process followed during the hearings. Mayor Shelton stated that he had not been in favor of the suit when it was initiated. He felt that the Council could effectively work with the Coastal Commission if not in the adversary posiition that a suit places them in. He also stated that if individuals wished to pursue this matter with their own funds, they could do so. Comments were heard from Ray Gallo, Monty Red, John Lemons, Dick Dennison, Carl Ansberry, Grace Melton, Lila Keiser, George Hall, Bruce Risley, Lois Rowland, Vernon Crass, and Ivan Rosenberg. Monty Red stated that there were citizens prepared to bond the City if they would let the City Attorney pursue the suit. MOTION: Mayor Shelton moved that the suit against the Coastal Commission be dropped. The motion was seconded by Council- man Harmon. MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL June 26, 1978 There was considerable discussion on this matter with Council members of the opinion that the majority of the people did not want to see their tax dollars spent on a suit against the Coastal Commission. Some of the public felt that Council would be relinquishing local control;. however, Council felt that without a suit in progress, they could effectively work with the Coastal Commission regarding the total moratorium in Morro Bay. The motion was unanimously carried. 2. Determination of filling June 30, 1978, expiration of terms for three Parks and Recreation Commissioners Mr. Warden advised that three of the Parks and Recreation Commissioners terms would be expiring June 30, 1978. He asked Council members how they wished to pursue recruiting new Commissioners. Council decided that Staff should advertise the positions and invite the present Commissioners to reapply. Lila Keiser advised that her term was one of the ones expiring and stated that she would not be seeking reappointment. RECESS 9:13 p.m. RECONVENED 9:30 p.m. C-2 Continuation of Budget Study to include consideration of alternate sources of revenue Mayor Shelton expressed the opinion that the City was benefitting from the communication of the citizens on these issues; he was grati- fied that so many citizens were interested enought to express their views. Mr. Warden advised Council that he had tentative information from the League of California Cities regarding the surplus State funds to be divided amongst cities as a result of Proposition 13. It appears that the City may get more than originally anticipated, however, there are strings attached to receiving this money.,, One of these is that no salary increases will be granted to.employees in excess of the increases granted to State employees during the 1977/78 fiscal year. Another is that the police and fire programs have to be maintained at their 1977/78 levels. Also, the one that impacts the most on Morro Bay, is that local agencies will be required to expend 1/3 of any reserves which they have above 5% of their 1978/79 budget. This effectively penalizes those cities who have been prudent in planning for future capital projects while giving a windfall to those who have not. Council members discussed this matter; it was noted that the effects on the City are not yet certain. Council also reviewed their discussions with members of the community during the last few days. Councilman Cantine maintained that he is only considering increases in revenues at this time because of the deadline the Council is facing as a result of Proposition 13. Mr. Warden reviewed item "F" which was the requested gross receipts ordinance which was requested by Council at their last meeting. He also advised Council of the average numbers of employees by different categories of business. Mayor Shelton stated that Council would hear public comments on this matter before taking a position. Comments were heard from Joe Giannini, Jr., Richard Bolton, Joe Streeper, Marge McConaghay, Bob Pilcher, James Campbell, Roger Anderson, and Grace Melton. The MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL June 26, 1978 message from the community was basically the same as expressed at the June 21st meeting in which they stated they could live with an increase in the business license, however, strongly objected to a gross receipts concept. Some also suggested that the Council live within the present resources and not try to raise funds. Council members, after public comment on this issue,.indicated that they had heard the business community loud and clear; they (the business community) do not want an increase on the business license fees based on their gross receipts. After discussion, the,Council decided to adopt proposal "G" of the business license ordinance amend- ment_which.would double the fees currently in effect. MOTION: Councilman Reasor moved that Council establish a $50 base fee for business licenses and double the employees fee. The motion was seconded by Councilman Harmon. Mr. Warden advised that other fees were involved and suggested a motion merely doubling all fees. Councilman Reasor amended his motion to double the base business license fee and all other business license fees. The amendment was accepted by Councilman Harmon and the motion carried unanimously. With regard to the increase in the mooring and dockage fees, Councilman Reasor felt that the City could wait on this issue since it is not a tax and can be considered after July 1st. The fishermen are out fishing right now and he felt that they should be apprised of the situation so they can respond before Council takes action on the matter. Mayor Shelton was in favor of doubling the dockage fees thereby making the harbor more self-sustaining. He stated that the City's rates are currently less than half those being charged by private dock owners. Comments were heard from Norman LaVine, Tom Galli, Joe Giannini, Jr., Louise Craig, Joe Giannini, Sr., and Paul Benedict. Council indicated that they were willing to wait on this matter, however, they would like some comparisions on dockage fees in other coastal areas. Council also decided to defer those resolutions which don't have a specific time limitation and consider only those that do. Mr. Warden advised that the occupancy tax issue would have to be settled before July 1st. MOTION: Councilwoman McGuire moved that Council defer all items except the occupancy tax until the following evening. The motion was seconded by Councilman Cantine and carried with Mayor Shelton voting no. Lila Keiser stated that she did not think the motel owners in town knew this issue was going to be on the agenda and suggested postpoining it until they could be contacted. Mayor Shelton stated that these matters had been considered at two previous Council ' meetings and he felt the community was aware that they would again be considered this evening. �� MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL June 26, 1978 Mr. Warden stated that Council had requested two proposed ordinances on this matter; one with a seasonal rate and one without that rate. The ordinance with a seasonal rate suggested a rate of 78 for the period from April through September and 68 from October through March. The other ordinance suggested a flat rate of 7%. Mayor Shelton stated that he was in favor of the 78 rate to help pay the cost. of .the additional load'upon the City resor.rces as a result of tourists. Comments were heard from Gerry Hempenius, owner of the villager Motel, in opposition .to increasing the occupancy tax. As it was 12:00 a.m., Council members took a vote on whether to continue discussion or adjourn to thefollowing evening. MOTION: Councilman Cantine moved that the meeting be continued to the following evening and that the occupancy tax matter be taken up first. The motion was seconded by Councilman Reasor. Mr Warden advised that he needed to have an executive session. Councilman Cantine amended his motion to adjourn to executive session. The motion was seconded by Councilman Reasor and unanimously carried. The meeting adjourned to executive session at 12:04 a.m. and returned to regular session at 12:30 a.m. MOTION: Mayor Shelton moved that the meeting be adjourned to Tuesday, June 27, 1978, at 7:00 p.m. in the Morro Bay Recreation Hall. The motion was seconded by Councilman Reasor and unanimously carried. The meeting adjourned at 12:30 a.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Wednesday, June 21, 1978, at 7:00 p.m. in the Morro High School Cafetorium, 235 Atascadero Road, Morro Bay, California; to continue consideration of the 1978-79 Budget. DATED: June 19, 1978 EUGENE R. SHELTON, Mayor City of Morro Bay, California By: M. L. WARDEN, City Clerk 4 MINUTES - MORRO BAY CITY COUNCIL Special Meeting June 21, 1978 7:00 p.m. Morro Bay High School Cafetorium The meeting was called to order.at 7:07 p.m. by Mayor Shelton. PRESENT: Councilmen Cantine, Harmon, McGuire, Reasor and Mayor Shelton ABSENT: None Mayor Shelton stated that the meeting had been called to review alternate sources of revenue and the possibility of raising various fees to mitigate the impacts of Proposition 13. Mayor Shelton asked the public if they wished to make any comments about the proposed budget. Those speaking regarding an increase in the business license fees and the Council's consideration of revenue sources were Lois Rowland, Mr. Stoner, Dale Mitchell, Bob Pilcher, Joe Streeper, Vernon Crass, Tina Francis, Sylvia Cook, Betty Floercky, Charles Kimbel, Marlene Owens, Richard Palmer, Hazel Cook, Austin Brumley, M'May Diffley, Howard Gaines, Carl Ansberry, Ralph Gunther, Bruce Morgan, and Bob DeSomers. Most of the businessmen were con- cerned with the gross receipts business license proposal; they would not object to an increase in the business license fee, however, they strongly objected to basing the fee on a percentage of the gross receipts. They also felt that the Council was placing the revenue burden on the businessman rather than trying to spread it amongst all residents. There was discussion of Proposition 13 with a number of people advising the Council that the message of Proposition 13 is to cut, not to increase. RECESS 9:01 P.M. RECONVENED 9:20 p.m. Council members explained their feelings on the matter and noted that the time restraint of July 1st made it necessary to consider the revenue picture before July 1st, since no tax increases will be allowed after that date without a vote of the people. It was unfor- tunate that the budget could not be considered before decisions were made to increase taxes, however, time did not permit the Council that opportunity. Mr. Warden reviewed each of the proposed revenue ordinances or resolutions which included increasing the business license fee by charging on gross receipts or tripling the present fee system; increasing the weed abatement charge to $35 per lot; doubling the slip and mooring fees; and doubling the building permit fees. Also, considera- tion should be given to increasing the present 5% bed tax fee. Council members agreed that the weed abatement charge should be raised to $35; they felt that the City should get out of the weed abatement business if possible and this charge might encourage people to have their lots mowed rather than waiting for the City to do it. Council discussed the mooring and dockage fees. They noted that the City's fees are lower than those charged by private operators. They agreed that the proposed doubling of the fees was appropriate. A resolution was proposed to double the building permit fees. Mr. Warden advised that these fees were based upon standards established by the International Conference of Building Officials. Council agreed that doubling the fees was acceptable. There was considerable discussion regarding the gross receipts MINUTES - MORRO BAY CITY COUNCIL Special Meeting June 21, 1978 Page Two business license proposals as opposed to tripling or increasing existing fees. Mayor Shelton felt that the proposal for increasing the flat rate should be considered as opposed to the gross receipts concept because of the general feeling expressed by the business community. Councilman Harmon also did not favor the gross receipts business license ordinance; he was in favor of doubling the fees. Councilman Reasor felt that the flat rate increase penalized the small businessman and new businesses; he favored the gross receipt concept because it seemed the fairest. Councilman Cantine also favored the gross receipt concept but stated that he was only considering an increase at this time because of the necessity to do something before July 1st. Councilwoman McGuire also favored the gross receipts business license ordinance. She also stated that she would be requesting Council to consider increasing the city's utility charges for water and establishing a charge for sewer to make these facilities self- supporting. It was noted that fees for services to make them self-supporting could be considered at a later date as they were excluded from the July lst deadline. Council directed Staff to prepare a gross receipts ordinance with brackets of $100,000 which would also allow a new businessman a break by only charging $25.00 for the first years' operation. Mayor Shelton noted that his proposal to let the Chamber of Commerce and Motel Association decide how to apportion the occupancy tax revenues was not well received by the business community or Chamber. He also stated that if the community tells the Council to cut the budget, the first place he will consider cutting is community promotion. He does not feel that the present bed tax rate offsets the impact of costs resulting from tourists. There was considerable discussion among Council members and members of the audience concerning the impact of tourism on City facilities. Howard Gaines reviewed bed tax charges in other communi- ties, i.e., Barstow, 6%; Omaha, 4%; Massachusetts, 6%; Tennessee, 9%; Salt Lake City, 8 %. There was discussion relative to increasing the rate to 78 or 8% during the tourist season and then back to 68 during off-season months. Staff was directed to prepare two proposals for Council consideration at the next meeting; one for seasonal percentages and one single year -around rate. It was noted that Staff would prepare the resolutions and ordinances in accordance with the direction from Council and present them at the Council meeting on Monday, June 26, 1978. After the regular agenda business. the Council would consider the ordinances and resolutions and then proceed to the budget if time allows. It was also decided that another meeting needed to be scheduled since Council did not anticipate that they would finish with the budget on Monday night. Council set Tuesday, June 27, at 7:00 p.m. in the Recreation Hall as the next meeting time. MOTION: Mayor Shelton moved that the meeting be adjourned. The motion was seconded by Councilman Cantine and unanimously carried. The meeting adjourned at 12:57 a.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk 0 6 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Saturday, June 17, 1978, at 9:00 a.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, to consider the 1978-79 Budget. DATED: June 9, 1978 EUGENE R. SHELTON, Mayor City of Morro Bay, California By: M. L. WARDEN, City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting June 17, 1978 9:00 a.m. Morro Bay Recreation Hall The meeting was called to order at 9:00 a.m. by Mayor Shelton. ROLL CALL PRESENT: Councilmen Cantine, McGuire, Reasor and Mayor Shelton ABSENT: Councilman Harmon STAFF PRESENT Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Dave Braga, Parks and Recreation Director George Chrissakis, City Engineer James Nuzum, Planning Director Richard Schacht, Police Chief Bernie Zerr, Fire Chief Ardith Davis, Deputy City Clerk Mr. Warden began discussion on the Preliminary Budget and the Departmental Budget with the impacts of Proposition 13 on the City budget. COUNCILMAN HARMON WAS PRESENT AT 9:08 a.m. Mr. Warden reviewed in detail the Preliminary Budget book which summarized the anticipated revenue and expenditures. He also detailed the anticipated loss of revenue from the passage of Proposition 13. The proposed budget took into consideration these losses which would result, without any increases in various service rates, in a shortage of approximately $172,000. There were suggested alternatives presented for increasing the rates of the occupancy tax, business license fees, mooring and dockage fees, and weed abatement fees in order to offset this loss. The budget, as proposed, did not recommend the lay-off of any personnel. There were several minor changes in the budget figures which Mr. Warden noted for Council. RECESS 10:25 a.m. RECONVENED 10:41 a.m. Mayor Shelton asked the Finance Committee to make a report on their two meetings. Mr. Paul Kelsay, Finance Committee Chairman, stated that the members of the Committee had authorized him to write a report on their meetings, however, none of the members had read his report. He requested that they be given time to express their individual views after he had concluded.. One of the Committee recommendations was that the Council hold several shorter budget hearings rather than trying to consider the entire budget in a one -day effort. He made note of the fact that the City's budget had increased 177% over the last ten years while there had only been a 24% increase in population. He stated that the Committee suggested a program budget; if not this year, perhaps the next. He also suggested that the Council question each of the department heads as to their programs and services in order to gain the knowledge to make the right decisions. He stated that the Committee had not really had time to study the budget in depth, however, hoped to have that opportunity and be able to provide the Council with recommendations at a later date. Comments were also heard from Ray Foster and Howard Gaines. Councilman Cantine stated that he favored the shorter meeting concepts and was in favor of having several, if necessary, and would like to MINUTES - MORRO BAY CITY COUNCIL Special Meeting June 17, 1978 Page Two question the department heads as to the services they provide. Discussion continued on revenue generating programs with the Council stating their intention that the short term water land acqusition reserve funds be used to cope with the impacts of Proposition 13. Councilman Cantine felt that some policy statements should be determined by Council today and that the meeting should adjourn to another time and place. Council members decided to adjourn to Wednesday, June 21, 1978, at 7:00 p.m. in the Morro Bay High School Cafetorium. There was discussion about comparing the City's budget to other cities' and Mr. Warden advised the Council of the difficulty in making valid budget comparisons. Council reviewed the alternative increases to be applied to existing revenue generating programs. Among these alternatives was a recommen- dation to increase the motel occupancy tax from 58 to 6%; which would generate approximately $30,000. Also, increasing weed abatement charges approximately three times would generate about $10,000. Doubling dockage fees would generate $25,000. There was also a suggested doubling of building permit fees. There was considerable discussion concerning the charging of a percentage of the gross receipts in place of the existing business license fee. Richard Palmer, Chamber of Commerce manager, advised Council that the business community generally was not in favor of a percentage of the gross receipts business license. He discussed a questionnaire which the Chamber had sent out regarding this issue and stated that the tabulations had not yet been completed. Mr. Vanderslyk stated that the slip rentals were low in comparison to other areas, however, he felt that the mooring charges were not too low. Councilman Harmon stated that the Council had specifically stated that they wanted the $43,000 put' aside in the current budget to be brought forth in this budget and it was not. Mr. Warden stated that he had explained why that proposal was not brought forth in his budget message; there were considerable expenditures already being proposed in the area of Harbor including dredging and building two new restrooms. Obviously, however, the Council could reinstate that amount. Mayor Shelton proposed that the occupancy bed tax be raised to 7% and that the Chamber of Commerce meet with the Motel Association and that those two organizations decide what the Chamber needs in order to operate and that this percentage would then be added to the amount required for City needs. He felt that this would remove a political issue which the Council faces each year. Mayor Shelton advised that these matters would receive further analysis and discussion at the Wednesday night meeting and that it was in order to adjourn at this time. MOTION: Councilman Harmon moved that the meeting adjourn to executive session for discussion of personnel matters. The motion was seconded by Councilman McGuire and unanimously carried. The meeting adjourned to executive session at 1:05 p.m. and returned to regular session at 1:44 p.m.' MINUTES - MORRO BAY CITY COUNCIL Special Meeting June 17, 1978 Page Three MOTION: Councilman Cantine moved that the meeting adjourn. The motion was seconded by Councilman Reasor and unanimously carried. The meeting adjourned at 1:44 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, June 12, 1978, at 7:30 p.m., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider possible uses of Revenue Sharing Funds for Fiscal Year 1978-79; at which said hearing any person interested may appear and present either oral or written comments. DATED: May 26, 1978 EUGENE R. SHELTON, Mayor City of Morro Bay, California By:e"')" W. L. WARDEN, City Clerk ►J CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL June 12, 1978 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment /A. CONSENT CALENDAR 1. Minutes of the regular meeting of May 22, 1978 2. Expenditure Report, 5-16-78 through 5-31-78 (RECOMMEND APPROVAL) 3. Resolution No. 29-78 approving amendment to Yocum Lease Site No. 20, providing for specified retail sales per previous Council action (RECOMMEND ADOPTION) 4. Claim of Jonelle Fregien for damages (RECOMMEND DENIAL) 5. Claim of Lindsay Lund for damages (.RECOMMEND DENIAL) B. HEARINGS, APPEARANCES AND REPORTS 1. Appearance of representatives from Action for Animal Rights requesting support for low cost spay and nueter program 2. Report of John Carollo Engineers concerning wastewater treat- ment alternatives 3. Report of John Carollo Engineers concerning options for requesting modifications for ocean discharge requirements 4. Hearing of Morro Bay Peace Officers Association appeal of City Administrator's and Grievance Committee's denial of claim for back pay 5. Public hearing on uses for Revenue Sharing Funds C. UNFINISHED BUSINESS 1. Consideration of request of Jessie Scane for free Dial -A -Ride service for low income seniors - continued 2. Consideration of changes to method for computing water equiva- lencies - continued D. NEW BUSINESS 1. Request of Church of Christ to allow recreational vehicle campout at 2075 Ironwood for week of July 3-9, 1978 2. Consideration of support to convey Salinas River Dam Project to San Luis Obispo County Flood Control and Water Conserva- tion District 3. Request to annex the City of Morro Bay and surrounding areas to the Arroyo Grande Resource Conservation District 4. Consideration of submitting either a positive or negative nomination for leasing of oil drilling tracts off Morro Bay coastline E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Administrator CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL June 12, 1978 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR 1. Minutes of the regular meeting of May 22, 1978 2. Expenditure Report, 5-16-78 through 5-31-78 (RECOMMEND APPROVAL) 3. Resolution No. 29-78 approving amendment to Yocum Lease Site No. 20, providing for specified retail sales per previous Council action ,(RECOMMEND ADOPTION) 4. Claim of Jonelle Fregien for damages (RECOMMEND DENIAL) 5. Claim of Lindsay Lund for damages (RECOMMEND DENIAL) B. HEARINGS, APPEARANCES AND REPORTS 1. Appearance of representatives from Action for Animal Rights requesting support for low cost spay and nueter program 2. Report of John Carollo Engineers concerning wastewater treat- ment alternatives 3. Report of John Carollo Engineers concerning options for requesting modifications for ocean discharge requirements 4. Hearing of Morro Bay Peace Officers Association appeal of City Administrator's and Grievance Committee's denial of claim for back pay 5. Public hearing on uses for Revenue Sharing Funds C. UNFINISHED BUSINESS 1. Consideration of request of Jessie Scane for free Dial -A -Ride service for low income seniors - continued 2. Consideration of changes to method for computing water equiva- lencies - continued D. NEW BUSINESS 1. Request of Church of Christ to allow recreational vehicle campout at 2075 Ironwood for week of July 3-9, 1978 2. Consideration of support to convey Salinas River Dam Project to San Luis Obispo County Flood Control and Water Conserva- tion District 3. Request to annex the City of Morro Bay and surrounding areas to the Arroyo Grande Resource Conservation District 4. Consideration of submitting either a positive or negative nomination for leasing of oil drilling tracts off Morro Bay coastline E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 12, 1978 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Shelton with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Cantine, Harmon, McGuire, Reasor, and Mayor Shelton ABSENT: None STAFF PRESENT Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael LeSage, City Attorn y George Chrissakis, City Engineer James Nuzum, Planning Director Richard Schacht, Police Chief Bernard Zerr, Fire Chief Ardith Davis, Deputy City Clerk PUBLIC COMMENT 1. Bob DeSomers, Morro Bay Chamber of Commerce President, stated that he had a recording of a song about Morro Bay which the Chamber was planning on purchasing as a promotional project. He invited anyone to come into his appliance store to listen to the record. 2. Bruce Risely asked Council members what they intended to do about the Coastal Commission suit. He felt that the voters had made themselves clear in the Council election and in the Super- visorial election as to what they wanted their elected representatives to do. He criticized Mr. Warden and the past Council for their actions in this matter. Mr. LeSage stated that the Council :ias been waiting for a report on the cost of the hearing record before making a decision on whether or not to pursue the Coastal Commission suit. He estimated the cost to be approximately $1,000 rather than the originally estimated $4,500. He would be requesting an executive session this evening to brief Council on this litigation. Mr. Risely asked how much money had been spent in pursuing the suit thus far. Mr. Warden said that he did not remember the figures. 2. Howard Gaines told the Council that they should begin discussing the impacts of Proposition 13 and what they were going to do about it. Mayor Shelton stated that this subject would come up in the budget sessions on Saturday, June 17, at 9:00 a.m. in the Recreation Hail. Austin Brumley stated that the Finance Committee would be meeting the following evening and could discuss this matter at that time also. A. CONSENT CALENDAR 1. Minutes of the regular meeting of May 22, 1978 2. Expenditure Report, 5-16-78 through 5-31-78 (RECOMMEND APPROVAL) i 46 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 12, 1978 Page Two 3. Resolution No. 29-78 approving amendment to Yocum Lease Site No. 20, providing for specified retail sales per previous Council action (RECOMMEND ADOPTION) 4. Claim of Jonelle Fregien for damages (RECOMMEND DENIAL) 5. Claim of Lindsay Lund for damages (RECOMMEND DENIAL) Mayor Shelton reviewed all items on the Consent Calendar. Council- woman McGuire requested that Item A-3 be withdrawn from the Consent Calendar and considered separately. MOTION: Councilman Reasor moved for the approval of the Consent Calendar, Items A-1 through A-5 with the exception of Item A-3, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Harmon and unanimously carried. A-3 Resolution No. 29-78 approving Amendment to Lease for Lease Site No. 20, Yocum Councilwoman McGuire was concerned about the wording in the resolution which referred to the amendment as being in the public interest; she didn't necessarily think this was true. She also objected to the "308 of the retail inventory" being the criteria for marine oriented sales in the gift shop. She felt it should be based on a percentage of the floor space. She was also concerned that this use might eventually conflict with implementing the Local Coastal Plan. Council members agreed that the "30% of the retail inventory" should be changed to "40% of the display floor space". MOTION: Councilman Cantine moved that Council amend the Amendment to Lease to read "40% of the display floor space" in number 2 of the document and that Resolution No. 29-78 be adopted. The motion was seconded by Councilman Reasor and carried with Councilwoman McGuire voting no. B. HEARINGS, APPEARANCES AND REPORTS 1. Appearance of representatives from Action for Animal Rights requesting support for low cost spay and nueter program Ms. Victoria Boatwright stated that a rather extensive informa- tion packet of her presentation had been provided to Council. The Action For Animals' Rights is requesting that the County adopt a sponsored low cost spay and neuter program for cats and dogs. They would -like the City to write a letter to the Board of Supervisors urging them to adopt such a program. Mayor Shelton opened the matter to public comment at 7:59 p.m. Comments were heard from Howard Gaines, Lorraine Cook, Mr. Gooden, Jonelle Fregein, and Ray Williams. Some of the comments were directed towards increased tax dollars going for animal control. Ms. Boatwright emphasized that a spay and neuter program would cut down on the number of animals and, therefore, the costs. She stated that 10,000 animals were destroyed in San Luis Obispo County last year and tax dollars are supporting this. MOTION: Councilman Harmon moved that the Council send a letter to the Board of Supervisors recommending that they adopt a low cost spay and neuter program. The motion was seconded by Councilman Cantine and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 12, 1978 Page Three 2. Report of John Carollo Engineers concerning wastewater treatment alternatives Mr. John Johnson of John Carollo Engineers presented Council with an in depth history and update of the City's wastewater project. This included the determination of the State Water Quality Control Board in 1972 that the City was not meeting ocean discharge requirements, a recommendation by the City for a reclamation project, and having to comply with rapidly changing State regulations. During the study of the full wastewater reclamation project, it was determined that there is a possibility of windows existing in the clay layers in the Chorro Valley thereby creating a situation whereby contaminants may percolate into the ground water. This has effectively negated using reclamation in the upper areas of the Chorro Valley as a means of handling effluent disposal. Mr. Johnson reviewed other possible alternatives including different treatment options and costs. The estimated total costs for treatment and disposal with a new gravity outfall are $11 million; with Texaco pipelines, $6.65 million; and with Texaco pipelines and Chorro Valley truncated reclamation, $10.65 million. If the State funds any of these proposals, the City's share could be from 12 1/2% to 20%, a part of which would be paid by Cayucos. Mr. Johnson stated that the Federal Government requires all users to pay their fair share of the cost of the upgrading which will mean that a sewer service charge will have to be adopted prior to the construction of the plant. He discussed various other methods of treatment, including the 5O2, activiated carbon method, and explained why the engineers did not feel this was feasible for Morro Bay. A physical chemical treatment process requires operating and maintenance expenses which are disproportionate to the required degree of treatment. RECESS 9:25 p.m. RECONVENED 9:45 p.m. Mr. Warden advised that Don Rothenbaum of the State Water Resources Control Board Staff and Ken Jones of the Regional Water Quality Control Board Staff were present to answer questions. Both expressed the feeling that Morro Bay was long over due in upgrading the outfall treatment and that a method should be decided on and pursued dili- gently. They acknowledged that some of the delays were due to changing State regulations. Mayor Shelton opened the public hearing at 9:58 p.m. and asked if anyone had comments. Mr. Peter Diffley, Chairman of the Environmental Resources Committee, read the minutes from the Committee's meeting of June 12, 1978, and statedthat the Committee would like to meet with the consultants and State representatives to gain more information about the proposals. M'May Diffley read a statement concerning the Wastewater Treatment & Disposal Report. Comments were also heard from Charles Palmer and Howard Gaines. Mr. Rothenbaum stated that he did not feel he could get the State. ` to fund the City for a total reclamation project because of the geologist's analysis of the clay layers. Councilman Cantine did not feel that an intelligent analysis had been made of the basin and that another opinion should be sought. Mayor Shelton closed the public hearing at 10:45 p.m. Council members asked several questions to which the engineers and the State representatives responded. Mayor Shelton requested that the repre- sentatives from the Environmental Resources Committee get together 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 12, 1978 Page Four with the engineers and the State representatives and set up a meeting to further study this matter. 2. Report of John Carollo Engineers concerning options for requesting modifications for ocean discharge requirements Harvey Hunt of John Carollo Engineers explained to Council that they can apply for a waiver of treatment requirements for dischange into marine waters in accordance with regulations to be published in August. The waiver itself must be prepared and submitted by September 24, 1978. Mr. Hunt stated that Carollo Engineers could help the City prepare an application for a waiver; however, they do not recommend it at this time because the cost for Morro Bay would be in the area of $50,000 and there is not now much chance of the City obtaining a waiver. Council members discussed that the City should not apply Shelton thanked the consultants 4. Hearing of Morro Bay City Administrator's claim for back pay this matter and agreed with Mr. Hunt for a waiver at this time. Mayor for a very informative presentation. Peace Officers Association appeal of and Grievance Committee's denial of Mr. Hayes, an attorney representing the Peace Officers Association, stated that the basic issue was a question of law and that he and the City Attorney disagree. He suggested that the Council meet with the City Attorney and discuss the issue and let him (Mr. Haynes) know _,,;.:.their decision. Council members discussed this matter and it was noted that all information concerning the matter had been presented to them. MOTION: Councilman-Cantine moved that the grievance be denied and that Council adopt the findings of fact set forth in the memo from the City Administrator -dated 6-5-78 and the attachments thereto, which include an opinion by the City Attorney and a decision by the Grievance Committee. The motion was seconded by Councilman Reasor and unanimously carried. 5. Public hearing on uses for Revenue Sharing Funds Mayor Shelton requested that Council members take up the matter of the lateness of Council meetings right after discussion of the Revenue Sharing Funds. Mr. Warden stated that this meeting was to accept public input with regard to uses of Revenue Sharing Funds. No decisions were to be made this evening; Council members could discuss Revenue Sharing at the Saturday budget study session. There would also be a subsequent mandatory hearing at the time the Final Budget is adopted. It is anticipated that there will be approximately $147,000 in Revenue Sharing Funds provided during Fiscal Year 1978-79. Mayor Shelton opened the public hearing at 11:45 p.m. and asked if anyone had presentations regarding the use of Revenue Sharing Funds. Mr. Gooden suggested using revenue sharing funds to help the senior citizens requesting free Dial -A -Ride service, which is scheduled later in the agenda. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 12, 1978 Page Five A representative from People's Self Help Housing also requested $2,000 to supplement their activities in helping senior citizens with their minor household repairs. She briefed the Council on their activities. As there were no further comments, the hearing was closed at 11:54 p.m. Mayor Shelton brought up the matter of the lateness of recent Council meetings and asked members if they wished to establish a time limit. Councilman Cantine stated that he did not feel that Carollo Engineers' three hour presentation should have been scheduled on a night when so many other items needed to be considered. Mr. Warden stated that sometimes he has no choice but to schedule items on the agenda because of time constraints. C. UNFINISHED BUSINESS 1. Consideration of request of Jessie Scane for free Dial -A - Ride service for low income seniors - continued Mrs. Scane advised the Council that she was not representing the Economic Opportunity Commission in this matter; just the low income seniors with whom she has dealt as a result of her position with EOC. Council members discussed this matter with Councilman Cantine of the opinion that economics did not advise initiation of another welfare item at this time. Mrs. Scane advised that most of the seniors involved receive less than $300 per month and, when prices increase, they have to take it out of their food budget. MOTION: Mayor Shelton moved that Staff be directed to work out the administrative details to allow this service to low income seniors. The motion was seconded by Councilman Harmon. Councilman Harmon stated that he would like to see this program initiated on a trial basis to see if it is workable. Mayor Shelton agreed with this concept. Mayor Shelton amended his motion to include that data on this program be collected for a three month period and brought back to Council. The amendment was accepted by Councilman Harmon and the motion carried with Councilman Cantine and Reasor voting no. 2. Consideration of changes to method for computing water equivalencies - continued MOTION: Councilman Reasor moved that his Alternate 2 which was submitted to Council at the last meeting be adopted as the method of determining the water equivalency allocations; that the allocation that was allowed in the first quarter be offset against the balance remaining for the year, and the allocations shall be spread evenly over the last three quarters involved. The motion was seconded by Councilman Cantine and unanimously carried. Councilman Harmon stated that he would like to see the Council discuss lowering the 3% growth rate in the City. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 12, 1978 Page Six D. NEW BUSINESS 1. Request of Church of Christ to allow recreational vehicle campout at 2075 Ironwood for week of July 3-9, 1978 Mr. Gerald W. Bennett explained that the Church planned to use Chorro Willows for their campout, however, due to flooding during the winter, it is possible that the park will not be ready for use at that time. The use of the property at 2075 Ironwood would only occur if Chorro Willows is unavailable. He stated that the vacant property would only be used for parking recreational vehicles to provide sleeping facilities. All activites would be conducted at the Church and the .Church bus would transport people to mitigate the transportation problem. Councilman Cantine stated that the City's ordinance was definitely against allowing this activity, so he did not feel that the Council could approve it. MOTION: Councilman McGuire moved that the request of the Church of Christ to allow a recreational vehicle campout at 2075 Ironwood be denied. The motion was seconded by Councilman Cantine and unanimously carried. Councilwoman McGuire stated that needed to be maintained and approval inappropriate precedent. 2. Consideration of support to Project to San Luis Obispo Conservation District the provisions of the ordinance of this request would set an transfer the Salinas River Dam County Flood Control and Water Mr. Warden explained that the Corps of Engineers can no longer justify Federal support for the Salinas River Dam Project and is attempting to dispose of it. The County has been operating it for a number of years and Mr. Warden recommended the Council support the County for operation of the Dam as it is a known quantity, as opposed to the City of San Luis Obispo which is unknown and has not cooperated with the City of Morro Bay in the past; for example, the Whale Rock water use. Councilman Cantine disagreed; he stated that he had attended a Water Advisory Committee meeting where this was discussed and there are bitter feelings involved. He did not feel that the City would gain anything by taking a position on the matter and, therefore, recommended taking no action. Council members found Councilman Cantine's proposal acceptable. 3. Request to annex the City of Morro Bay and surrounding areas to the Arroyo Grande Resource Conservation District MOTION: Mayor Shelton moved that Council deny this request. The motion was seconded by Councilman Cantine and unanimously carried. 4. Consideraton of submitting either a positive or negative nomination for leasing of oil drilling tracts off Morro Bay coastline MOTION: Councilman Cantine 'moved that Council endorse a negative position for leasing of oil drilling tracts off Morro Bay MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 12, 1978 Page Seven coastline. The motion was seconded by Councilwoman McGuire and unanimously carried. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman Cantine brought up the matter of long Council meetings and Mayor Shelton suggested tht when a meeting reaches midnight, the Council take a vote on whether or not to continue. Council members concurred in this proposal. (b) Councilman Cantine stated that he hoped to have as many budget sessions as necessary to cover the budget thoroughly. (c) Mayor Shelton asked if anything had been done on the letter from Mr. Maloney regarding the motocross track. Mr. Warden stated that the matter had been referred to Dave Braga. (d) Mayor Shelton asked Council members if they had any reactions to Mr. Pilcher's submittal. No comments were made other than Councilman Harmon wanted to know how much it would cost to implement his suggestions. (e) Mayor Shelton asked Council members if they had any comments regarding Sandal's request for a proclamation regarding wildlife. There were no comments. 2. City Attorney Mr. LeSage requested an executive session to discuss pending litigation. 3. City Administrator (a) Mr. Warden stated that he needed an executive session for discussion of labor negotiations. (b) Mr. Warden advised that the Parks and Recreation Depart- ment would hold a sidewalk chalk art show on Morro Bay Boulevard on June 26, 1978, in front of merchants' stores. (c) Mr. Warden advised that, with Council concurrence, he would hold off issuing any 1978-79 business licenses until Council had considered the budget and made determinations regarding revenue programs. Council concurred. (d) Councilman Cantine stated that there was correspondence from Senator Marks regarding Proposition 13 which he felt Mayor Shelton and Councilman Reasor should answer. Mr. Warden advised that Staff had started a response to the letter. Councilman Cantine maintained that Mayor Shelton and Councilman. Reasor should prepare a reply and they agreed. (e) Councilman Reasor asked if water meters were being sold to contractors. Mr. Warden stated yes, however, they were not being hooked up until they received permits from the Coastal Commission. There was discussion regarding building permit status in the City. Mr. Warden advised that all applicants were informed that the Coastal Commission had declared a moratorium on building in Morro 0 • MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL June 12, 1978 Bay and they would not get a permit from the Commission, however, the City would process their permits if they wished to go to the expense to submit them. He also stated that the water meters are being sold at the new fee structure and that any of the higher hook-up charges would not be applied until an application for a building permit was submitted. (f) Mr. Warden stated that he was concerned about the manner in which the Technical Transportation Advisory Committee of the Area Planning Council is.handling recommendations involving distribution of SB325 monies. He was afraid that the City would have to help pay for a Regional Plan even though the City of Morro Bay is the only city in the County that has been using gas .tax monies for a transportation system as required by law. There was considerable discussion on this matter. ADJOURNMENT MOTION: Councilman Harmon moved that the meeting adjourn to executive session to discuss litigation and labor nego- tations. The motion was seconded by Councilman Cantine and unanimously carried. The meeting adjourned to executive session at 1:00 a.m. and returned to regular session at 1:25 a.m. MOTION: Mayor Shelton moved that the meeting be adjourned. The motion was seconded by Councilman Cantine and unanimously carried. The meeting adjourned at 1:25 a.m. Recorded by: M. L. W�ARD�E�N�,� (City Clerk By: Ardith Davis Deputy City Clerk 6 • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, May 22, 1978, 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 Jim Knutson from Planning Commission denial of a Variance to allow the conversion of a garage into living space thereby eliminating required covered off-streetparking at 351 Oahu 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: May 1, 1978 EUGENE R. SHELTON, Mayor City of Morro Bay, California 7idl By: M. L. WARDEN, City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL May 22, 1978 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR Minutes of the regular meeting of May 8, 1978 2. Minutes of the special meeting of May 15, 1978 Financial Statement, 7-1-77 through 4-30-78 (RECOMMEND APPROVAL) 14. Expenditure Report, 5-1-78 through 5-16-78 (RECOMMEND APPROVAL) 5. Bid for Police Department Carport (RECOMMEND REJECT ALL BIDS d�/ AND CONSTRUCT IN-HOUSE WITH CITY PERSONNEL) `�6.._ Request for transfer of funds to repair Coleman Park fence (RECOMMEND TRANSFER OF $400.00) 7. Resolution No. 27-78 approving sublease on Lease Sites No. 128 and 128W, Moores (RECOMMEND ADOPTION) 8. Claim of Genette Newgass for damages (RECOMMEND APPROVAL OF CLAIM IN THE AMOUNT OF $50.00) B. HEARINGS, APPEARANCES AND REPORTS \/l. Appearance of James Jacobson, Economic Opportunity Commission ✓2. Appeal of Mrs. Kenneth Kaberline from Planning Commssion approval of a Use Permit to allow a duplex at 301 Trinidad, Morro Bay - continued, Councilman Cantine to report /3. Public hearing on appeal of Jim Knutson from Planning Commission denial of a Variance to allow conversion of a garage into living space, 351 Oahu Street, Morro Bay C. /UNFINISHED BUSINESS /1. Request for change in use, Lease Site No. 20, Yocum - continued 2. Consideration of Final Map, Tract No. 655, 490 Morro Ave. - continued 3. Watgr equivalencies - Cohtinued, Councilman Reasor to report !� Correction of Del Mar Park Deed /5. Ordinance No. 157 amending building code - second reading D. NEW BUSINESS /1. Appeal of Louise Craig from requirement for fire hydrant at 2190 Seaview, Morro Bay 2. Request of Senior Nutrition Program, E.O.C., for free Dial - A -Ride service 3. Resolution No. 28-78 approving Addendum to Joint Powers Agreement establishing the Central Coast Self Insurance Fund 4. Consideration of use of Consumer Price Index E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Administrator CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL May 22, 1978 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR 1. Minutes of the regular meeting of May 8, 1978 2. Minutes of the special meeting of May 15, 1978 3. Financial Statement, 7-1-77 through 4-30-78 (RECOMMEND APPROVAL) 4. Expenditure Report, 5-1-78 through 5-16-78 (RECOMMEND APPROVAL) 5. Bid for Police Department Carport (RECOMMEND REJECT ALL BIDS AND CONSTRUCT IN-HOUSE WITH CITY PERSONNEL) 6.._ Request for transfer of funds to repair Coleman Park fence (RECOMMEND TRANSFER OF $400.00) 7. Resolution No. 27-78 approving sublease on Lease Sites No. 128 and 128W, Moores (RECOMMEND ADOPTION) 8. Claim of Genette Newgass for damages (RECOMMEND APPROVAL OF CLAIM IN THE AMOUNT OF $50.00) B. HEARINGS,APPEARANCES AND REPORTS 1. Appearance of James Jacobson, Economic Opportunity Commission 2. Appeal of Mrs. Kenneth Kaberline from Planning Commssion approval of a Use Permit to allow a duplex at 301 Trinidad, Morro Bay - continued, Councilman Cantine to report 3. Public hearing on appeal of Jim Knutson from Planning Commission denial of a Variance to allow conversion of a garage into living space, 351 Oahu Street, Morro Bay C. UNFINISHED BUSINESS 1. Request for change in use, Lease Site No. 20, Yocum - continued 2. Consideration of Final Map, Tract No. 655, 490 Morro Ave. - continued 3. Watgr equivalencies - Coffrinudd, Councilman Reasor to report 4. Correction of Del Mar Park Deed 5. Ordinance No. 157 amending building code - second reading D. NEW BUSINESS 1. Appeal of Louise Craig from requirement for fire hydrant at 2190 Seaview, Morro Bay 2. Request of Senior Nutrition Program, E.O.C., for free Dial - A -Ride service 3. Resolution No. 28-78 approving Addendum to Joint Powers Agreement establishing the Central Coast Self Insurance Fund 4. Consideration of use of Consumer Price Index E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Administrator 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 22, 1978 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Shelton with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Cantine, Harmon, McGuire, Reasor, and Mayor Shelton ABSENT: None STAFF PRESENT Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael LeSage, City Attorney Dave Braga, Parks and Recreation Director George Chrissakis, City Engineer James Nuzum, Planning Director Richard Schacht, Police Chief Bernard Zerr, Fire Chief Ardith Davis, Deputy City Clerk PUBLIC COMMENT 1. Richard Palmer discussed the meeting held by Morro Bay businessmen regarding the possibility of the City developing a gross percentage of receipts business license tax. He thanked Mr. Warden for being at the meeting and clarifying for the business people the actual status of this possibility. He offered the business community's assistance to the Council in studying or researching the merits of this type of tax and in analyzing its impact on the business community. 2. Bruce Risely asked if there had been an investigation into the polling places being more conveniently located in Morro Bay. Mr. Warden stated that he had previously reported. to Council that the County would attempt to more conveniently locate the polling places in the November election, however, it was too late to do any- thing about the June election. A. CONSENT CALENDAR 1. 2. 3. 4. 5. 6. 7. 8. Minutes of the regular meeting of May 8, 1978 Minutes of the special meeting of May 15, 1978 Financial Statement, 7-1-77 through 4-30-78 (RECOMMEND APPROVAL) Expenditure Report, 5-1-78 through 5-16-78 (RECOMMEND APPROVAL) Bid for Police Department Carport (RECOMMEND REJECT ALL BIDS AND CONSTRUCT IN-HOUSE WITH CITY PERSONNEL) Request for transfer of funds to repair Coleman Park fence (RECOMMEND TRANSFER OF $400.00) Resolution No. 27-78 approving sublease on Lease Sites No. 128 and 128W, Moores (RECOMMEND ADOPTION) Claim of Genette Newgass for damages (RECOMMEND APPROVAL OF CLAIM IN THE AMOUNT OF $50.00) Mayor Shelton reviewed all items on the Consent Calendar. MOTION: Councilman Harmon moved for the approval of the Consent Calendar, Items A-1 through A-8, with the understanding that 0 MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL May 22, 1978 approval means taking the action recommended by the City Administrator. The motion was seconded by Councilman Reasor and unanimously carried. B. HEARINGS, APPEARANCES AND REPORTS 1. Appearance of James Jacobson, Economic Opportunity Commission Mr. Jacobson reviewed the composition of EOC and stated that a member is requested from either the Paso Robles or Morro Bay City Councils in alternate years; Paso Robles served last year. He reviewed figures as to the number of people serviced in Morro Bay by EOC services. It was noted that there is one meeting per month in the evenings and perhaps one sub -committee meeting per month. Council members discussed representation on EOC and Councilman Reasor volunteered to be the representative from the Morro Bay City Council. 2. Appeal of Mrs. Kenneth Kaberline from Planning Commission approval of a Use Permit to allow a duplex at 301 Trinidad, Morro Bay - continued, Councilman Cantine to report Councilman Cantine stated that he had met with Mr. Ross and discussed some alternate proposals which Mr. Ross had prepared. They had come to an agreement about one of the proposals and Councilman Cantine asked Mr. Ross to explain the proposal to Council. Mr. Ross explained that he has re -arranged his plan so that the portion of the structure closest to the adjacent residences has been reduced to a single story. This has been accomplished by putting one unit upstairs and another downstairs next to the garage. Also, the garage access has been re -arranged to provide two entrances from Trinidad Street and one entrance from North Main Street, thereby mitigating the traffic hazard to North Main Street. The concerns expressed as to the possibility of converting the structure into a triplex are effectively negated by this arrangement. Mrs. Kaberline, the appellant, read a letter from Mr. D. T. May,, 331 Trinidad, supporting Mrs. Kaberline's appeal. Mrs. Kaberline still objected to the two story structure in that particular neighbor- hood which is typically made up of small houses. As there were no further comments, the hearing was closed at 7:53 p.m. MOTION: Councilman Cantine moved that the decision of the Planning Commission as modified by the presentation of the applicant be upheld and that the appeal be denied. The motion was seconded by Councilman McGuire. Mayor Shelton expressed his appreciation of Mr. Ross' cooperative- ness and willingness in working this out. The motion was unanimously carried. 3. Public hearing on appeal of Jim Knutson from Planning Commission denial of a Variance to allow conversion of a garage into living space, 351 Oahu Street, Morro Bay Mr. Nuzum explained that Mr. Knutson was remodeling his home to convert a garage into a bedroom when the building inspector discovered 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 22, 1978 Page Three that it was being done without a permit. Conversion of the garage into a bedroom would eliminate the required off-street parking and, consequently, requires a Variance. When the Building Inspector dis- covered the situation, he advised Mr. Knutson to cease construction and apply for a Variance. The Planning Commission felt that approval of this application would create an undesirable situation and, therefore, denied the Variance. Councilman Cantine asked about converting the utility room into a bedroom and relocating the washer and dryer in the garage. Mr. Nuzum stated that this'had been discussed with the applicant, however, he is not in favor of this alternative. Jim Knutson explained that the size of his family and his occupa- tion, a preacher, necessitated expanding his two bedroom home. He stated that he was not aware that converting a garage into a bedroom required a building permit or variance. He showed photographs to the Council which illustrated that a large car could adequately be accom- modated in his driveway without extending into the street. He was not in favor of converting the utility room into a bedroom because the cost of relocating the plumbing from the utility room to the garage would be too much; also he has already accomplished some work in converting the garage to a bedroom. Mayor Shelton declared the hearing open at 8:13 p.m. and asked if anyone had comments regarding this appeal. Comments were heard.from Bob Pilcher, Lydia Souza, Ernest Souza, Louise Craig, Fred Schenk, Dick Dennison, Bea Marciel, Mr. Codispotti, and Tina Francis. Some of the comments concerned alleged violations of existing ordinances whereby parts of residences are converted into rental units. Mr. Knutson pointed out that he was not planning on renting the extra space, but that it was needed for his family and guests. As there were no further comments, the hearing was closed at 8:38 p.m. Mayor Shelton stated that he would find it hard to approve this appeal on the basis that Council has to find a hardship not of the applicants own making which would enable them to grant the Variance. The hardship in this case, the beginning of the construction to remodel the garage, was of the applicants own making and, therefore, not a justification under the ordinance. MOTION: Mayor Shelton moved motion was seconded carried by roll call RECESS 8:46 p.m. C. UNFINISHED BUSINESS that the appeal be denied. The by Councilman Cantine and unanimously vote. RECONVENED 8:59 p.m. 1. Request for change in use, Lease Site No. 20, Yocum - continued Mr. Warden referred to Mr. Schenk's letter of May 17, 1978, in which he sets forth the proposed "retail sales" for Lease Site No. 20 which retains the present uses of "restaurant, sportfishing terminal, and living quarters incidental thereto". Mr. Glascow, the proposed sublessee of the area, explained the nature of their use and presented plans for Council's information. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 22, 1978 Page Four Council members indicated approval of the proposed plans and use, however, were concerned that the use would become a permanent part of the lease and, if the present sublessee terminated his use of the area, someone else might sublet the area and put it to a different use. Mr. LeSage suggested that the words "... and similar marine oriented sales." be added to (b) in the list of uses contained in Mr. Schenk's letter of May 17, 1978, and that (d) be added to say "Retails sales shall be permitted only so long as marine oriented sales described in (a) and (b) constitute a significant portion of the retails sales." MOTION: Councilman Cantine moved that Council indicate approval of the proposal with the modifications suggested by the City Attorney. The motion was seconded by Mayor Shelton. Councilwoman McGuire was concerned about the term of the sublease and use in case the City adopts a Harbor Plan or Local Coastal Plan and the proposed use is not in compliance with the Plans. There was discussion on this matter with Council of the opinion that they would like to review the use in a year or eighteen months, however, were not concerned that the business continue as long as the sublessee complies with the use terms. MOTION: Councilman Cantine amended his motion to include that the terms of the use are only for the occupancy of the sub- lessee. The amendment was accepted by Mayor Shelton and the motion carried with Councilwoman McGuire voting no. 2. Consideration of Final Map, Tract No. 655, 490 Morro Avenue continued Mr. Nuzum explained the differences between vertical and horizontal _...condominiums; horizontal condominiums are.req.uired to have one thousand square feet of outdoor common area per unit and vertical condominiums must have five hundred square feet per unit. If the applicant made openings from one unit to another, the development would then meet the requirements for a vertical condominium which would only require 600 to 700 square feet of outdoor common area per unit. Mr. LeSage advised that he had further researched this matter since advising Mr. Nuzum of the requirement. He stated that the only action properly before the Council is that of finding the Final Map consistent with the Tentative Map. Council is not allowed to require any further alterations to the development. A mistake was made when the Planning Commission approved the Tentative Map and it is not the applicant's fault as he has proceeded on the premise that his develop- ment was legally acceptable. Councilman Cantine asked what the justification was for 1,000 square feet per unit for horizontal condominiums and 600 square feet per unit for vertical condominiums. He felt that the Planning Commission should review this requirement and perhaps make adjustments so that both meet the horizontal requirements. Councilman Reasor asked the City Attorney what problems approval of an erroneous Final Map creates for the City insofar as setting a precedent is concerned. Mr. LeSage stated that the Tentative Map was approved by mistake and contrary to the ordinance so that a precedent is not set. MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL May 22, 1978 MOTION: Mayor Shelton moved that there is consistency between the Final Map and the Tentative Map for Tract No. 655. The motion was seconded by Councilman Reasor. It was noted that approval of the Final Map is intended for the previous map presented to Council rather than the proposed map which added the two openings. The motion was unanimously carried. MOTION: Councilman Cantine moved that the Planning Commission be directed to review the appropriateness of the Open Space provisions regarding condominiums in the Zoning Ordinance and report back to Council. The motion was seconded by Mayor Shelton and unanimously carried. 3. Water equivalencies - continued, Councilman Reasor to report Councilman Reasor reviewed the two alternatives presented to Council and Staff and outlined his computations. Councilman Cantine favored Alternate No. 1 as an amendment to.the building limitation ordinance. He felt it more nearly reflected the historic use of building activity in Morro Bay. Mr. Warden maintained that the objective in the building limita- tion ordinance was to maintain the average water usage, not building, types. He felt that the proposals set forth by Councilman Reasor took into consideration building types as opposed to water usage and the Council should look to other measures to control building, such as zoning or land use. He maintained that the figures presented by Staff reflected the true usage of water in Morro Bay in that it assigned a percentage to commercial uses as opposed to creating an artificial constant which is not reflective of the actual situation. He strongly recommended against the changes as proposed. Comments were heard from Bruce Risely, Jane Orvis and Bob Pilcher. Councilwoman McGuire stated that she would like to study the figures before making a decision on changing the ordinance so that she could fully understand the implications. MOTION: Councilwoman McGuire moved that the matter be deferred until the next meeting in order to further examine the rationale for arriving at the conclusions. The motion was seconded by Councilman Cantine and unanimously carried. It was noted that Council had until July 12th before'the next quarters' building allocations had to be established. 4. Correction of Del Mar Park Deed Mr. Warden advised that the City had neglected to include in the Del Mar Park deed the restriction that the park would be used in perpetuity as a park or for recreational uses. This is necessary if the City is to receive State money to purchase or develop the park. It is, therefore, necessary for the Council to make a motion deeding the property back to Chevron, Inc. and also to make a motion accepting the deed back from them which will include the requisite wording. MOTION: Councilman Cantine moved that Mayor and City Clerk be authorized to execute the deed to Chevron, U.S.A., Inc. for Del Mar Park and also that they be authorized to receive the amended deed from Chevron. The motion was seconded by Councilman Harmon and unanimously carried. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL May 22, 1978 5. Ordinance No. 157 amending building code - second reading MOTION: Councilman Harmon moved that Ordinance No. 157 be read by title only. The motion was seconded by Mayor Shelton and unanimously carried. Mr. Warden read Ordinance No. 157 by title only. MOTION: Councilman Reasor moved that this constitute the second and final reading of Ordinance No. 157 and that it be adopted. The motion was seconded by Mayor Shelton and unanimously carried. D. NEW BUSINESS 1. Appeal of Louise Craig from requirement for fire hydrant at 2190 Seaview, Morro Bay Mr. Warden stated that Mrs. Craig was appealing a decision by the Fire Department that she install a fire hydrant at her building site at 2190 Seaview. Mrs. Craig is adding a duplex to an already existing residence, thereby creating a triplex. She feels she is being required to upgrade fire protection facilities which will benefit the entire area and that she should not be required to bear the entire cost. Mr. Warden stated that many City mains are substandard in terms of flow capacity and need to be upgraded. The problem is how to finance the upgrading. Mr. Warden discussed using assessment districts. In the meantime, however, Mrs. Craig's situation must be resolved. Mrs. Craig stated that it was unfair to make one owner pay for what all property owners in the neighborhood benefit from. She said that the Fire Chief had informed her that even adding the hydrant would not completely take care of the problem. There was considerable discussion regarding this problem and while Council felt that Mrs. Craig should not have to bear the cost alone, City subsidy or payment of the fire hydrant would set a precedent. MOTION: Mayor Shelton moved that Council determines that the Craig proposal necessitates a hydrant installation. The motion was seconded by Councilman Reasor. There was further discussion regarding Mrs. Craig's expense for this hydrant. Mayor Shelton amended his motion to include that an agree- ment be made with Mrs. Craig that she be credited with the $1500 presently needed if and when an assessment district is formed in her area. The motion was seconded by Council- man Reasor and unanimously carried. 2. Request of Senior Nutrition Program, E.O.C., for free Dial -A -Ride service Mr. Warden explained that people who receive Supplemental Security Income are on extemely limited budgets. Mrs. Scane, on behalf of the E.O.C. Seniors Nutrition, was requesting free Dial -A -Ride service for these people to get to and from the nutrition programs as well as to meet medical and pharmacy needs. MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL May 22, 1978 Mrs. Lydia Souza spoke against this free use of Dial -A -Ride. As Mrs. Scane was not present to answer Council questions, Mayor Shelton requested that she be contacted to attend the next Council meeting and that this issue be set aside until that time. 3. Resolution No. 28-78 approving Addendum to Joint Powers Agreement establishing the Central Coast Self Insurance Fund Mr. Warden reviewed the Joint Powers Agreement for liability insurance. He stated that most cities in the County had adopted the Agreement already and several were doing so this evening. MOTION: Mayor Shelton moved that Resolution No. 28-78 be read by title only. The motion was seconded by Councilman Cantine and unanimously carried. Mr. Warden read Resolution No. 28-78 by title only. MOTION: Mayor Shelton moved for the adoption of Resolution No. 28-78. The motion was seconded by Councilman Reasor and unanimously carried. 4. Consideration of use of Consumer Price Index Mr. Warden explained that City lease site rentals were based on adjustments to reflect changes in the Consumer Price Index. The Department of Labor has changed the CPI system to create two new indexes to separate wage earners and clerical workers which represent 1/2 of the work population covered in the All Urban Consumer Index. The All Urban Consumer Index covers these as well as those groups who have been previously excluded such as professional, managerial, technical and those not in the active work force. Because the All Urban Consumer Index is broader in its coverage, Staff is recommending that Council adopt its usage for computation of the City lease rentals. Thus far, the two indexes have been the same, however, they could start diverging at a later date. Councilman Harmon asked how the rentals on the leases were computed and Mr. Warden explained the process. MOTION: Mayor Shelton moved that Council adopt the All Urban Consumer Index providing, however, that its initial application will not result in a rental less than that which would have been derived from the old Index. The motion was seconded by Councilman Reasor and unanimously carried. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman Reasor asked what could be done about the residences in the City which have been converted to apartments. Mr. Warden stated that first it has to be determined who is violating the ordinance and then prove it in court. Comments were heard from Bob Pilcher. (b) Councilman Cantine stated that Council should begin considering amendments to the General Plan. E MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL May 22, 1978 (c) Councilman Cantine stated that he would like the situation reported by Mr. Souza at 2780 Elm Street to be checked out by Staff and report back. This was with regard to an illegal use of a garage. (e) Councilman Cantine criticized the Chamber of Commerce meeting regarding the Council's discussion of the business license tax. He reviewed Council's actions of last meeting which were reflected in the minutes. He felt that the business people should cooperate with the Council rather than act with opposition and hysteria; the desire of the Council to cooperate with everyone should be recognized. (f) Councilman Harmon asked where the Staff was on the budget process. Mr. Warden stated that the budget should be in the Council's hands next week. (g) Councilman Harmon asked if there were any plans for docks on street ends. Mr. Warden stated there were none, however, he had asked Public Works to look at new proposals for the budget. (h) Mayor Shelton stated that members of the Finance Committee will be Paul Kelsay, Richard Palmer, Ray Foster, Howard Gaines, and Austin Brumley. Members of the Environ- mental Resource Committee are Nancy Culver, Peter Diffley, Rod Pound, Tina Francis, Charles Palmer, Ray Williams, Ralph Peters, M'May Diffley, and M. Bryne Phillips. He stated that Paul Kelsay will chair the Finance Committee and Peter Diffley the Environmental Resources Committee until the committees select their own chairman. (i) Mayor Shelton stated that he had received correspondence from the South Central Coast Regional Commission regarding the Local Coastal Plan which he will circulate to Council members. (j) Mayor Shelton stated that he had received a letter from Mr. Malone regarding a motocross track and a petition pertaining to its construction. (k) Councilman Harmon suggested that Council initiate a parent watch on Neptune's Playground. He felt that this would eliminate some of the problems creating complaints about that establishment. Mayor Shelton stated that he had been contacted by a group of young people who wish to meet with him regarding this business. It seems they are afraid that the Council is considering closing the business down. 2. City Attorney Mr. LeSage had nothing to report. 3. City Administrator (a) Mr. Warden stated that he has been discussing disincor- poration of the Twin Bridges area with LAFCO and as soon as he has the information on this matter, he will bring it back to Council. (b) Mr. Warden stated that the Police Department has appealed the Grievance Committee's decision on their grievance concerning payment for "briefing time" so the matter will be before the Council in the near future. ! 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 22, 1978 Page Nine (c) Mr. Warden asked Council to set a tentative date for the budget session. Council members set Saturday, June 17, 1978, at 9:00 a.m.; Morro Bay Recreation Hall for budget. study session. ADJOURNMENT MOTION: Councilman Harmon moved that the meeting be adjourned. The motion was seconded by Councilman Reasor and unanimously carried. The meeting adjourned at 12:22 p.m. Recorded by: M. L. WARDEN, City Clerk zzcGe� `J By: Ardith Davis Deputy City Clerk i 0 ................. . NOTICE OF 'SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Monday, May 15, 1978, at 7:00 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California; to consider Planning Commission applicants. DATED: May 12, 1978 EUGENE R. SHELTON, Mayor City of Morro Bay, California By: M. L. WARDEN, City Clerk 0 0 MINUTES - MORRO BAY CITY COUNCIL Special Meeeting May 15, 1978 1:00 p.m. City Hall Conference Room The meeting was called to order at 7:19 p.m. by Mayor Shelton. PRESENT: Councilmen Cantine, Harmon, McGuire, Reasor and Mayor Shelton ABSENT: None Murray Warden, City Administrator, was also present. Mayor Shelton noted that the meeting was called for the purpose of interviewing applicants for the vacant position of Planning Commissioner. Council members interviewed Rodney E. Pound, Ivan Rosenberg, Neil Kline, Charles L. Palmer, Faye Eldridge, Dorsey Dunton, and Robert Calahan. Each Council member expressed his opinion as to their evaluation of each condidate. All applicants were thanked for their interest in the City. The Council expressed a collective view that their choice was difficult to make due to the highly qualified persons applying. They expressed a unanimous choice of Mr. Ivan,Rosenberg. MOTION: Mayor Shelton moved that Ivan Rosenberg be appointed to the vacant position of Planning Commissioner. The motion was seconded by Councilman Cantine and unanimously carried. Mr. Warden advised Mr. Rosenberg to visit City Hall and fill out a Statement of Economic Interests ten days prior to taking office. The Council thanked the applicants and expressed the hope that they would make themselves available for future service to the City. MOTION: Councilman Cantine moved that the meeting be adjourned. The motion was seconded by Mayor Shelton and unanimously carried. The meeting adjourned at 10:11 p.m. Recorded by: M. L. WARDEN, City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL May 8, 1978 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR 1. Minutes of the special meeting of April 22, 1978 2. Minutes of the executive meeting of April 22, 1978 3. Minutes of the regular meeting of April 24, 1978 4. Minutes of the executive meeting of April 24, 1978 5. Expenditure Report, 4-1-78 to 4-30-78 (RECOMMEND APPROVAL) 6. Correspondence (RECOMMEND ITEM BE RECEIVED AND FILED) 7. Resolution No. 23-78 approving agreement for annual audit for fiscal year ending June 30, 1978 (RECOMMEND ADOPTION) 8. Resolution No. 24-78 approving agreement for operation of a cross -connection inspection service (RECOMMEND ADOPTION) 9. Resolution No. 25-78 approving a lease with the State of California, Fish and Game, for berthing and parking space (RECOMMEND ADOPTION) '10. Resolution No. 26-78 approving agreement with Cooperative Personnel Services (RECOMMEND ADOPTION) 11. Claim of Geoff Sweeney for damages (RECOMMEND CLAIM BE DENIED) B. HEARINGS, APPEARANCES AND REPORTS /1. Public hearing of appeal of Mrs. Kenneth Kaberline from Planning Commission approval of a Use Permit to allow a duplex at 301 Trinidad, Morro Bay C. UNFINISHED BUSINESS 1. Consideration of letter and resolution from James J. Clancy regarding abatement of moral public nuisances J2. Ordinance No. 156 agenda cut-off days - second reading /3. Consideration of alternate sources of revenue A. Consideration of water equivalencies D. NEW BUSINESS 1. Consideration of Final Map, Tract No. 655, 490 Morro Ave. 2. Request for change in use, Lease Site No. 20, Yocum 3. Consideration of discontinuing Teen Center Program 4. Elder Needs Assessment 5. Ordinance No. 157 amending building code - first reading E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Administrator 6 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 8, 1978 1:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Shelton with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Cantine, Harmon, McGuire, Reasor, and Mayor Shelton ABSENT: None STAFF PRESENT Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael Leaage, City Attorney Dave Braga, Parks and Recreation Director George.Chrissakis, City Engineer James Nuzum, Planning Director Richard Schacht, Police Chief Bernard Zerr, Fire Chief Ardith Davis, Deputy City Clerk PUBLIC COMMENT 1. Peter Diffley complimented the Council on their establish- ment of the Finance and Environmental Resources Committees and stated that the Citizens Action League had received numerous calls of interest in the committees. He thought perhaps a committee should be formed to discuss the Local Coastal Plan. Mayor Shelton stated that he would look into it. 2. Lily Collier stated that she had complained to the Council previously about the dog problem on Ironwood, and the problem has not been solved. 3. Carl Ansberry asked about Item A7 on the agenda with regard to an auditor. He wanted to know who the auditor was and what the criteria was for hiring him. Mr. Warden stated that the City's auditor for the past two years has been Knight, Towle, Sage and Johnson and a auditor is chosen on the basis of their experience with municipal accounting requirements. This firm is experienced in this area and has performed satisfactorily in the past. A. CONSENT CALENDAR 1. Minutes of the special meeting of April 22, 1978 2. Minutes of the executive meeting of April 22, 1978 3. Minutes of the regular meeting of April 24, 1978 4. Minutes of the executive meeting of April 24, 1978 5. Expenditure Report, 4-1-78 to 4-30-78 (RECOMMEND APPROVAL) 6. Correspondence (RECOMMEND ITEM BE RECEIVED AND FILED) 7. Resolution No. 23-78 approving agreement for annual audit for fiscal year ending June 30, 1978 (RECOMMEND ADOPTION) 8. Resolution No. 24-78 approving agreement for operation of a cross -connection inspection service (RECOMMEND ADOPTION) 9. Resolution No. 25-78 approving a lease with the State of California, Fish and Game, for berthing and parking space (RECOMMEND ADOPTION) • MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL - May 8, 1978 10. Resolution No. 26-78 approving agreement with Cooperative Personnel Services (RECOMMEND ADOPTION) 11. Claim of Geoff Sweeney for damages (RECOMMEND CLAIM BE DENIED) Mayor Shelton reviewed all items on the Consent Calendar. Councilman Cantine requested that Item A-6, the letter from the Economic Opportunity Commission requesting a representative from Morro Bay to EOC, be taken off the Consent Calendar and considered separately. MOTION: Councilman Reasor moved for the approval of the Consent Calendar, Items A-1 through A-11 with the exception of A-6, ,with the understanding that approval means taking the action recommended by the City Administrator. The motion was seconded by Councilman McGuire and unanimously carried by roll call vote. A-6 Correspondence - Letter from Economic Opportunity Commission Councilman Cantine stated that since the letter requested a representative from the City, it should be answered. He thought perhaps a member of the community could sit on the Commission instead of a Council member. Mayor Shelton stated that the by-laws of the Commission allowed only elected officials to be members of the Board. He stated that Morro Bay has had a representative serving on the Commission for quite sometime and he felt that a member from a different community should be selected. Mayor Shelton stated that he would invite Mr. Jacobson, EOC Director, to make a presentation to the Council at the next meeting. B. HEARINGS, APPEARANCES AND REPORTS 1. Public hearing of appeal of Mrs. Kenneth Kaber.line from Planning Commission approval of a Use Permit to allow a duplex at 301 Trinidad, Morro Bay Mr. Nuzum advised that the Planning Commission had approved a request for a Use Permit to allow a two-story duplex in a C-1 District at 301 Trinidad Street. Mr. Nuzum feels that the requested use is more appropriate for the neighborhood than the previously allowed strip commercial. He explained that the appellant, Mrs. Kaberline, is objecting to the height and architectural appearance of the structure. The Planning Commission took measures to mitigate the effect of the structure on neighboring homes by requiring that the structure be moved an additional ten feet towards north Main Street for a total setback of sixteen feet from Mrs. Kaberline's property line. Also the proposal is actually lower in height and smaller in ground coverage than is permitted by the ordinance. Mr. Nuzum recommended that the appeal be denied. Councilman Reasor asked about the traffic hazard in backing out onto Main Street. Mr. Nuzum did not feel that it was a problem since this end of Main Street is not heavily travelled and there was good visibility from the driveway. Councilman Cantine felt that the struc- ture could be improved architecturally. Councilman McGuire was con- cerned that one of the garage areas in the lower level might be converted to an apartment creating a triplex situation; she wondered if there was anything to protect the City from this. Mr. Nuzum stated that any conversion would be illegal. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 8, 1978 Page Three Mrs. Kaberline, the appellant, stated that her main concern was the two-story structure and the fact that it would take away the sun by early afternoon causing a lack of warmth and light to her home. Mayor Shelton opened the hearing at 8:06 p.m. to the public. Comments were heard from Hazel Cook, Fay Eldridge. Jim Ross, the applicant, defended his project. He stated that he was willing to work on the architecture of the structure, however, he bought the property because it did allow a two-story structure; he wanted to build a business with a home upstairs. There was considerable discussion regarding the "box -like" appearance of the building with Mr. Ross stating that he was willing to work on the architecture, however, he could not afford to hire an architect. As there were no further comments, the hearing was closed at 8:23 P.M. Discussion continued regarding mitigating measures with the understanding that Mr. Ross had the right to construct a two-story building. Mr. Ross did say, however, that he was willing to only build two -stories on one side of the structure and put one of the units downstairs. Mayor Shelton stated that he was impressed with Mr. Ross' will- ingness to modify the plans to mitigate the impact on Mrs. Kaberline. Mrs. Kaberline maintained that her resource, the sun, would be deprived to her and she was still appealing the project. MOTION: Councilman Cantine moved that the applicant has a right to build a two-story duplex on the property with a plan to be submitted to some agency in the City for architectural review. There was further discussion on the matter. Councilman Cantine withdrew his motion. MOTION: Mayor Shelton moved that the appeal be kept open and refer the matter to the next regular meeting of the Council; in the meantime, Councilman Cantine would meet with Mr. Ross regarding a re -design of the structure. The motion was seconded by Councilman Cantine and carried with Councilman McGuire voting no. C. UNFINISHED BUSINESS 1. Consideration of letter and resolution from James J. Clancy regarding abatement of moral public nuisances Councilman Cantine stated that this matter had previously been presented under Correspondence and felt that it should be considered by the Council and a response sent to Mr. Clancy one way or another. Mayor Shelton reviewed Mr. Clancy's proposal which is an effort to place an initiative on the November ballot for the abatement of moral public nuisances, i.e., pornographic films. Mr. LeSage was asked his opinion on the Council's endorsement of the initiative and Mr. LeSage stated that it was a policy decision to be set by Council and they could support it if they wished. Mr. Dale Mitchell advised the Council of some problems encountered in other cities which have passed ordinances controlling pornographic LI MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL - May 8, 1978 materials. Gideon Pierce did not feel that there is pornography in Morro Bay and that it is not necessary to adopt an ordinance against it. Mr. Warden pointed out that the request from Mr. Clancy was only to endorse the initiative to be put on the ballot, not to adopt an ordinance. Council members discussed the proposed initiative and decided that the matter should be left to individual choice, and Council should not take an action on the issue. MOTION: Councilman Cantine moved that a letter be addressed to Mr. Clancy thanking him for his transmittal. The motion was seconded by Councilman Reasor and unanimously carried. 2. Ordinance No. 156, agenda cut-off days - second reading \MOTION: Councilman Harmon moved that Ordinance No. 156 be read by title only. The motion was seconded by Councilman Cantine and unanimously carried. Mr. Warden read Ordinance No. 156 by title only. MOTION: Councilman Cantine moved that this constitute the second and final reading of Ordinance,No. 156 and that it be adopted. The motion was seconded by Mayor Shelton and unanimously carried by roll call vote. It was noted that this ordinance would apply to the first regular meeting in June. 3. Consideration of alternate sources of revenue Mr. Warden reviewed his memo which outlined an additional source of revenue in the form of a business license tax based upon a per- centage of gross receipts. He reviewed this alternative which could be considered along with others presented to Council in a memo dated April 6, 1978. He explained the anticipated deficits in next years' revenues and the fact that if Proposition 13 is passed, Council will only have until July 1st to enact revenue generating ordinances. There was considerable discussion regarding Proposition 13 and the effects on the City's budget. Comments were heard relative to using a business license increase to generate revenue and other matters relating to the budget from Mr. Kimble, Tina Francis, Mrs. Cook, Carl Ansberry, Clarence Pringle, Bob DeSomer, Betty Florecky, Hazel Cook, Glenn Kleinhammer, Terry Hulsebus, Erica Banning, Charles Palmer, Dale Mitchell, and Morris Cecil. Most of the comments were from businessmen objecting to a percentage of the gross receipts as a business license tax and expressing the opinion that the Council would be taxing only one segment of the community to generate revenue when all people should pay. In discussing the matter, Council members indicated that they would not be making a decision this evening. Mr. Warden requested Council give him guidance in the preparation of the budget with par- ticular regard as to the Council's intention as to whether they wish to replace projected losses in revenue or re -align the reserve schedule so as to delete existing programs. If the Council does not feel that replacement monies need be obtained, the the budget pre- MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL - May 8, 1978 parations could be based on that premise. If the Council wished to re -align reserve programs, that, too, would change the budget picture. Council members agreed that a revenue source would have to be decided on. Councilman Cantine stated that he would have no hesita- tion in recommending using the reserve to support projects for the next fiscal year. Mr. Warden asked Council which projects in the reserve they were willing to do away with. Council indicated that Staff could work with the reserves set aside for land acquisition for a short term water source. They felt that reserves for the harbor dredging and equipment replacement should remain intact. Council indicated that they would like proposals from Staff as to how much money could be generated by the various sources listed in the memo. Also, they wanted information from other cities as to the success of charging a percentage of the gross receipts for business licenses. RECESS 10:05 p.m. RECONVENED 10:24 p.m. 4. Consideration of water equivalencies Councilman Reasor asked that this matter be deferred until the next meeting as he is working on another plan and he wants to give Staff a chance to review it before it is considered at a Council meeting. MOTION: Councilman Cantine moved that the matter of water equivalencies be continued to the next regular meeting. The motion was seconded by Councilman Reasor and unanimously carried. D. NEW BUSINESS 1. Consideration of Final Map, Tract No. 655, 490 Morro Ave. Mr. Nuzum stated that this project was originally proposed as a seven unit apartment development which was declared to have a Negative Environmental Impact by the Planning Commission in 1976. In 1977 the Planning Commission approved a Tentative Map which would convert the apartments to condominiums. The Final Map is now before the Council for approval. Councilman Reasor was concerned that this project fell into the definition of horizontal condominiums as defined in the Zoning Ordinance which requires 1,000 square feet of common open space per unit. There was discussion about the requirements of the Zoning Ordinance and comments were heard from the applicant, Roy Fast, and Ron Hurlbert. Mr. Warden suggested that the matter be deferred until Staff reviews the horizontal requirement. Council concurred. 2. Request for change in use, Lease Site No. 20, Yocum Mr. Warden explained that the occupants of Lease Site No. 20 have built a new restaurant facility over the water area on the lease site and now are requesting an additional use for the area occupied by the old restaurant. The present uses are "restaurant, sport fishing terminal, and living quarters incidental thereto";* and the request is for the additional uses of "retail sales and gift shop". Mr. Warden reviewed the type of lease presently held by Mr. Yocum which is a Pipkin-type lease with a 50 year term -and no percentage of the gross. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 8, 1978 Page Six Mr. Warden advised that past Council policy has been to try and eliminate living quarters on these lease sites. The only time the City is able to do this is when a lease expires or as a result of negotiation when the leaseholder requests a change in use or asks for additional uses. He suggested this be attempted in this case if the Council was considering granting the requested uses. Mr. Warden also stated that he felt the term "retail sales" is too broad which could include the sale of almost anything. Mr. Schenk, representing the applicant, stated that Mr. Yocum had improved the property which is a definite asset to the City. Mr. Yocum was not interested in eliminating the living quarters. Mr. Schenk stated that Mr. Yocum would find it hard to rent the area for marine oriented uses only, since those types of businesses are in plentiful supply on the Embarcadero and it is not economically feasible for another. He explained that the proposed sub -lessees of the area will be selling quality merchandize and it would not be just another beach gift shop. Council members discussed this matter emphasizing their policy to allow only marine oriented uses on the Embarcadero and the fact that they had just turned down a retail sales use for a photo studio at a recent meeting. Gregg Glascow explained that he was the one requesting the addi- tional use so that he can rent the space from Mr. Yocum. He explained that they were planning to offer quality gifts for sale and asked for a chance to show the Council what they would be selling. He stated that lessees on the Embarcadero were having a hard time renting space because of the Council's marine oriented use only policy. Margie Ladley representing Mr. Yocum, also stated that this was not a good place for a marine oriented use such as tackle shop or machine shop. MOTION: Councilman McGuire moved that the specific request of marine oriented retail sales be approved with the exclusion of gift shop. There was further discussion regarding the directions. The motion died for lack of a second. MOTION: Councilman Cantine moved that this matter be deferred for the City Administrator to consult with the applicant to develop a definition of retail sales that would be exclusive of gift shop and fall within the purview of the Council's view of marine oriented uses. The motion was seconded by Councilman McGuire. Mr. Schenk stated that the imports the sub -lessees were planning to sell would be coming from other countries and across the ocean, therefore, constituted marine oriented uses. Councilman Cantine said that he feels a marine oriented use was that which is brought to the water, not brought to the Embarcadero from across the water; it should support the water uses. There were comments from Mr. Glascow, Bob Desomer, Mrs. Diffley, Hazel Cook, and Charles Palmer. Councilman Harmon suggested that the use be allowed for a period of one year only to see if the use is compatible with marine oriented uses. There was also a suggestion to allow the use only so long as the presently proposed sub -lessees were using it. MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL - May 8, 1978 The motion was unanimously carried with Councilman Harmon and Mayor Shelton voting no. 3. Consideration of discontinuing Teen Center Program MOTION: Mayor Shelton moved that the Teen Center Program be discontinued. The motion was seconded by Councilman Cantine. Mr. Warden explained that the Nuptune's Playground, an amusement center for teenagers, is offering the same activities as the Teen Center provided. The motion was unanimously carried.. 4. Elder Needs Assessment Mr. Warden explained that the Tri-County Hispanic Advocates, Inc. has asked the City if it would be interested in being a community where an Elders Needs Assessment could be accomplished at no cost to the City. The purpose would be to develop a model plan for multi- purpose senior citizen centers in the Tri-County area and could make the City's chances better for selection for future grants. MOTION: Mayor Shelton moved for the approval of the Tri-Counties Advocates, Inc. to doing the Elder Needs Assessment. The motion was seconded by Councilman McGuire and unanimously carried. 5. Ordinance No. 157 amending building code - first reading MOTION: Mayor Shelton moved that Ordinance No. 157 be read by title only. The motion was seconded by Councilman Cantine and unanimously carried. Mr. Warden read Ordinance No. 157 by title only. MOTION: Mayor Shelton moved that this constitute the first reading of Ordinance No. 157. The motion was seconded by Councilman Cantine and unanimously carried. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman McGuire stated that she was concerned about the teenagers using Neptune's Playground speeding out of the parking lot. The library is right next door and small children are often in the area. She was concerned that one of them might get hurt. There was considerable discussion regarding the situation at this area and the nuisance some of the children are making of themselves. .(b) Mayor Shelton announced that Councilman Cantine had been elected Vice President of the Area Council. Councilman Cantine stated that the Board of Supervisors had officially recognized that there are unmet transportation needs in San Luis Obispo County. They are also considering supplementing the City's Dial -A -Ride operation to Rancho Colinga Mobile Home. 6 MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL - May 8, 1978 (c). Councilman Cantine stated that he had received a call from an individual wanting to know if the City is going to try and get a grant to buy the Stocking property. Mr. Warden stated that he was unaware of any grants being available. (d) Councilman Cantine stated that he had a call regarding the program scheduling on Cable TV. Mr. Warden stated that the Cable TV people had no control over the scheduling. (e) Mayor Shelton stated that he had received very good responses on the proposed Finance and Environmental Resources Committees. He said that he would probably make the appoint- ments at the next meeting. (f) Mayor Shelton stated that Mr. Ford from International Environmental would be at City Hall to discuss a process using sodium dioxide in lieu of chlorine as a possible alternative to be used for reclaiming our wastewater. 2. City Attorney Mr. LeSage had nothing to report. 3. City Administrator (a) Mr. Warden reminded the Council that they would be interviewing for the vacant Planning Commission position on Monday, May 15th. Subsequent to the final filing date, the City had received two more applications and Mr. Warden asked the Council if they wished to consider these applications. Council indicated that they would interview these people. (b) Mr. Warden reported on his investigations of the Ginnie Mae investment program. He stated that there was good return on long term investments, but that the program is too restrictive on the City's cash flow and has some element of risk when a pre -maturity date redemption might be required. He did not endorse them as an investment vehicle. (c) Mr. Warden advised the Council that the Plannning Commission had considered Mr. Dale Mitchell's plans for a candy store in connection with the Brewery and decided that the use complied with the gift shop use as specified in the lease. (d) Mr. Warden stated that the County Clerk's office would attempt to locate polling places more conveniently d during the November election, however, it was too late to change them in time for the June election. (e) Mr. Warden advised that he would probably be presenting the Joint Powers Agreement for liability insurance to the Council at their next meeting. He outlined the provisions of this agreement and the advantages to the City. Mayor Shelton stated that Mr. Warden is to be commended for having been responsible for bringing this matter to the cities in the County. (f) Mr. Warden advised that at least once a month, the City Attorney's bill for the previous month's work is 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 8, 1978 Page Nine circulated to Council members during the Council meeting for their review, initials and return to Staff. MOTION: Mayor Shelton moved that the meeting be adjourned. The motion was seconded by Councilman Harmon and unanimously carried. The meeting adjourned at 12:05 a.m. Recorded by: M. L. WARDEN, � City Clerk By: Ardith Davis Deputy City Clerk NOTICEOF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City County will hold a public hearing on Monday, April 24, 1978, 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 Mrs. Kenneth Kaberline from Planning Commission approval of a Conditional Use Permit to allow a residential use (duplex) at 301 Trinidad 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: March 31, 1978 EUGENE R. SHELTON, Mayor City of Morro Bay, California B . L. WARDEN, City Clerk 4 4 CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL April 24, 1978 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll. Call OATH OF OFFICE AND SEATING OF NEW COUNCIL MEMBER Public Comment A. CONSENT CALENDAR W C E. 1. Minutes of the regular meeting of April 10, 1978 2. Minutes of the executive meeting of April 10, 1978 3. Financial Statement, 7-1-781to 3-31-78 (RECOMMEND APPROVAL) 4. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 5. Resolution No. 18-78 approving. grant of Use Permit .to Morro Bay Fire Fighters for circus (RECOMMEND ADOPTION) 6. Resolution No. 19-78 approving assignment of Lease Site No. 113W, Moores (RECOMMEND ADOPTION) 7. Resolution,No. 20-78 approving assignment of Lease Sites No. 124-127 and 124W-127W, Moores (RECOMMEND ADOPTION) 8. Resolution No. 21-78 approving assignment of Lease Sites No. 128 and 128W, Moores (RECOMMEND ADOPTION) 9. Resolution No. 22-78 approving agreement with Community Transit Service, Inc. (RECOMMEND ADOPTION) 10. Claim of Esther Franey for personal damages (RECOMMEND DENIAL) 11. Award bid for Harbor Rescue Boat (RECOMMEND BID BE AWARDED TO R & R CUSTOM BOATS IN THE AMOUNT OF $14,473.20) HEARINGS, APPEARANCES AND REPORTS 1. Public hearing on vehicle abatement 2. Public hearing on Community Development Block Grant UNFINISHED BUSINESS 1. Consideration of launch ramp boat docks 2. Consideration of water equivalencies 3. Consideration of Ordinance No. 156 regarding agenda cut-off days - first reading 4. Consideration of use of Veterans Hall for Council meetings 5. Recommendations from Planning Commission regarding the County Land Use Element 6. Consideration of waiving fees at Veterans Hall - Senior Citizens INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Administrator NOTE - THE COASTAL COMMISSION LAW SUIT MATTER IS NOT SCHEDULED FOR THE APRIL 24TH MEETING. 9 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 24, 1978 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Shelton with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Cantine, Harmon, Reasor, and Mayor Shelton ABSENT: None OATH OF OFFICE AND SEATING OF NEW COUNCIL MEMBER Mr. Warden gave the Oath of Office to Shirley McGuire who was then seated as the fifth Council member. PUBLIC COMMENT 1. Howard Gaines stated that he had investigated several methods of investing the City's reserve funds and outlined the advantages of several. He provided Council members with information he had gathered for their review. Mayor Shelton requested that Staff review the information and report back to Council. 2. Mr. Williams stated that the County Board of Supervisors was considering building another eighteen hole golf course in Morro Bay and suggested that the City investigate the possibility of the City owning and running the golf course. Council members indicated that they would look into the matter.. Faye Eldridge asked about the status of the golf course near Cuesta College. Mr. Warden stated that the proposal had been based on the City supplying reclaimed water, but that this has since proven unfeasible. 3. Bruce Risely discussed the inconvenient locations of polling .places in the last election and asked that Council try to have them more conveniently located for the voters. Council members discussed this matter and directed Mr. Warden to call the County Clerk and report back to Council. Mrs. Souza also commented on the voting precincts. 4. Mollie Bruno, Morro Bay Senior Citizens, Inc. President, discussed the use of the old Justice Court building; she felt that it was not being used to capacity by the County and asked the Council to make an effort to secure this for the Seniors. After discussion, Council members decided that individual contact with the District Supervisor would be more effective than a communication from the City, which has been tried. Mrs. Bruno also encouraged the Council to cancel the requirement for the Seniors to pay a fee for their potluck meeting held at the Vets Hall. Mayor Shelton noted that there would be discussion of this matter later in the meeting as it was a scheduled agenda item. Kathleen McWilliams urged the Council to waive fees for the Senior's potluck meeting. A. CONSENT CALENDAR 1. Minutes of the regular meeting of April 10, 1978 9 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 24, 1978 Page Two 2. Minutes of the executive meeting of April 10, 1978 3. Financial Statement, 7-1-77 to 3-31-78 (RECOMMEND APPROVAL) 4. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 5. Resolution No. 18-78 approving grant of Use Permit to Morro Bay Fire Fighters for circus (RECOMMEND ADOPTION) 6. Resolution No. 19-78 approving assignment of Lease Site No. 113W, Moores (RECOMMEND ADOPTION) 7. Resolution No. 20-78 approving assignment of Lease Sites No. 124-127 and 124W-127W, Moores (RECOMMEND ADOPTION) 8. Resolution No. 21-78 approving assignment of Lease Sites No: 128 and 128W, Moores (RECOMMEND ADOPTION) 9. Resolution No. 22-78 approving agreement with Community Transit Service, Inc. (RECOMMEND ADOPTION) 10. Claim of Esther Franey for personal damages (RECOMMEND DENIAL) 11. Award bid for Harbor Rescue Boat (RECOMMEND BID BE AWARDED TO R & R CUSTOM BOATS IN THE AMOUNT OF $14,473.20) Mayor Shelton reviewed all items on the Consent Calendar. Council- man Reasor requested that Items A-6, A-7, and A-8 be held off the Consent Calendar. Councilman Harmon requested that Item A-11 be held off. Councilman Cantine requested that Item A-4, Correspondence, relating to public nuisance abatement be scheduled as an agenda item. MOTION: Councilman Harmon moved for the approval of the Consent Calendar, including only Items 1, 2, 3, 5, 9, and 10, with the understanding that approval means taking the action recommended by the City Administrator. The motion was seconded by Councilman Cantine and unanimously carried by roll call vote. A-6, 7, and 8 Moores lease assignment Mr. Reasor noted that Lease Site No. 128 is not specifically mentioned in the letter from Mr. Moores requesting assignment. Mr. Warden advised that the letter was intended to mean all of Mr. Moores' lease. MOTION: Councilman Reasor moved for the approval of agenda items A-6, 7, and 8. The motion was seconded by Mayor Shelton and unanimously carried. A-11 Harbor Rescue Boat Councilman Harmon wanted to know the reason for getting the boat. Mr. Warden explained that it was to replace a worn out boat and reviewed its uses. MOTION: Councilman Harmon moved for the approval of Item A-11. The motion was seconded by Councilman Reasor and unanimously carried by roll call vote. Councilman Reasor asked about the Expenditure Report which is usually on the agenda. Mr. Warden explained that one of the Account Clerks had been on vacation and the Council will receive two reports on the next agenda. B. HEARINGS, APPEARANCES AND REPORTS 1. Public hearing on vehicle abatement Mr. Warden reviewed the vehicle abatement process as set forth in 0 V MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 24, 1978 Page Three the Municipal Code. Mayor Shelton opened the public hearing at 8:16 p.m. and asked if there were any comments regarding the vehicle located at 400 Oahu, CR#780577. Jim Goldsbrough asked about the truck that has been parked near the bottom of the Centennial Stairway for sometime. Mr. Warden explained that Fish Bowl #2 is using the truck for a refrigeration unit until their building is finished; it is a temporary use only. As there were no further comments, the hearing was closed at 8:18 p.m. Councilman Cantine asked why the abatement process could not tdke place administratively rather than coming before the Council. Mr. Warden stated that it has to come before Council by law. MOTION: Mayor Shelton moved that the Municipal Code provisions concerning vehicle abatement relating to the 1967 Dodge License #VTW164, CR#780577, be implemented. The motion was seconded by Councilman Cantine and unanimously carried. 2. Public hearing on Community Development Block Grant Mr. Warden advised Council that there is $1,460,000 to be awarded for the Samll Cities Discretionary Program in the southern part of the State. He stated that the City's best chance for a grant is in the area of low and moderate income housing rehabilitation. The Planning Commission had given equal recommendation to the housing rehabilitation program and a Senior Citizens center. Mayor Shelton opened the public hearing at 8:31 p.m. and asked for comments. Mr. Goldsbrough stated that he had attended the meeting in San Luis Obispo on this program and felt that the City's chances for a Senior's center were remote; the emphasis is on housing rehabili- tation. Mrs. Souza commented on the rehabilitation program in Oakland. Jeanette Duncan, Executive Director of the People's Self Help Housing Corporation, spoke in favor of applying for a rehabilitation grant. The funds for Self Help Housing run out in January of 1979, and there is a definite need in the City. As there were no further comments, the hearing was closed at 8:37 p.m. Council members asked various questions with regard to the grant process. Councilman Cantine commented on the three point process of applying for this grant, i.e., pre -application by May 15th, advising the City by July 1st if a formal application will be accepted, and a formal application filing date of August 15th. Mayor Shelton felt that a pre -application should be submitted on both the rehabilitation and the Senior Citizens center. MOTION: Mayor Shelton moved that Staff be directed to submit pre - applications in the amounts of $150,000 for the housing rehabilitation and $100,000 for a Senior Citizens Center. The motion was seconded by Councilman Cantine. There was discussion regarding the two applications with Council- man Cantine of the opinion that it wouldn't hurt to apply for $250,000 on both projects. .___. Mayor Shelton amended his motion to.make application in the amounts of $250,000 for each project. The amendment was accepted by Councilman Cantine and the motion was unani- mously carried. i 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 24, 1978 Page Four RECESS 8:51 p.m. RECONVENED 9:08 p.m. C. UNFINISHED BUSINESS 1. Consideration of launch ramp boat docks Mr. Warden stated that this project had been approved in last year's budget and earlier this year by the old Council. Because no money has yet been spent and because of some comments by the new Council in the recent election with regard to the location of these docks, Mr. Warden felt it appropriate to bring the matter back for their consideration. It was noted that this is budgeted for $43,000. Mayor Shelton asked several questions regarding property lines in the proposed area, dredging and the possibility of locating the pro- ject in another area. Mr. Warden responded to these questions. Councilman Harmon felt that there were too many unanswered questions such as parking and access and would like to see the docks located somewhere else. Mr. Warden stated that it was Staff's analysis that parking and access to this area is not a major problem and, in fact, other locations have greater access and parking difficulties. Other Council members agreed about the unanswered questions and felt that the matter should be tabled until budget time and until other locations are considered. Councilman Shelton suggested that Council commit the $43,000 to boat docks in next years' budget along with any additional revenue which may be allocated for that purpose. MOTION: Mayor Shelton moved that the launch ramp boat dock pro- posal be set aside and that the funding that was allocated for these boat docks be earmarked for that purpose in the next budget. The motion was seconded by Councilman Cantine and unanimously carried. 2. Consideration of water equivalencies Mi. Warden stated that there were two issues involved; one was determining the next years' water equivalencies in accordance with the ordinance and the other was Councilman Cantine's disagreement with the present equivalency ratio. Councilman Cantine stated that Councilman Reasor had come up was a program that agreed with his thinking and asked Councilman Reasor to explain it. Councilman Reasor reviewed his figures with regard to ratios given to each building category which differed from those established by Staff and adopted by previous Council. Mr. Warden stated that he was not prepared to comment on Councilman Reasor's proposal since he had just received it this evening, however, he felt that the basic difference was in the commercial category. Staff had determined that within the commercial category water usages were not convertable to a constant factor; i.e., motel as opposed to office building. Councilman Cantine pointed out that the ordinance specifically says "building permits" and that that is the way the equivalency procedure should be set up. Mr. Warden maintained that the purpose of the ordinance was to come up with a ratio that allocate the water usages and that the objective of the ordinance was to try to maintain the historic balance of building activity between the building categories as has existed within the City. Bruce Risely stated that he preferred the figures established by Councilman Reasor as opposed to the ones used in the past which were 9 4 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 24, 1978 Page Five merely double talk designed to twist the historic use away from single family dwellings in favor of apartment houses. Councilman Cantine stated that the results of Councilman Reasor's program were basically the same as Staff's, however, he felt it would clean up the ordinance. Adele Jensen asked Council when she would be able to get her water equivalency so that she could go before the Coastal Commission. There was considerable discussion with regard to the projects in the "pipeline" which have a chance of being approved by the Coastal Commission. Jim Merzon, representing Leroy Jones Trailer Park, asked about the current years' apportionment. Council had indicated that they were going to postpone a decision on amending the ordinance until Council and Staff had a chance to study Councilman Reasor's figures. Mr. Merzon stated that his client is waiting for this year's appor- tionment to get the several more equivalencies needed to finish his project. Mr. Warden suggested that Council adopt the next years' equiva- lencies to be equal to 1/4 of the current years' equivalencies. Council members discussed this and felt that this could be done since the Coastal Commission would not approve any permits not in the pipeline as of December 14, 1977, anyway. MOTION: Councilman Reasor moved that Council adopt the first quarter's allocation of 161 equivalencies; the first quarter will be considered the next annual allocation subject to modification at a subsequent meeting. The motion was ' seconded by Councilman Cantine and unanimously carried. Ray Gallo, representing Coastal Recreation, requested that the condominiums proposed by Coastal Recreation receive single family dwelling status under the water equivalency program. There was con- siderable discussion on this matter and Mr. Warden pointed out that an ordinance amendment to the water equivalency ordinance specified that condominiums were to be considered in multiple family dwelling status. There was no need for any further action on this matter. 3. Consideration of Ordinance No. 156 regarding agenda cut-off days - first reading Mr. Warden read Ordinance No. 156 in its entirety. MOTION: Councilman Harmon moved that this constitute the first reading of Ordinance No. 156. The motion was seconded by Councilman Cantine and unanimously carried. 4. Consideration of use of Veterans Hall for Council meetings Mr. Warden explained that the VFW uses the Vets Hall for their meetings on Monday nights which is a national meeting night. They are not willing to change the nights or location. it was noted that the funds used to build the Vets Hall were provided for the specific purpose of providing a place for Veterans organizations to meet. There are other problems related to the move such as the equipment being moved back and forth, but the basic one is the Veterans priority use of the Hall. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 24, 1978 Page Six Councilman Cantine stated that the additional twenty-five chairs in the Recreation Hall alleviates the situation considerably. 5. Recommendations from Planning Commission regarding the County Land Use Element Mr. Nuzum reviewed the contrasting terms used by the City and the County with regard to "existing urban area", "urban development line" and "urban reserve line". The Planning Commission had recommended that the County readjust their Urban Reserve Line to more nearly coincide with the City's Urban Development Line. They also recommended that the City's Land Use Element be amended to change the existing 0-4 dwelling units per acre in the unincorporated areas to 0-1 dwelling units per acre with a Planned Development overlay. And the area called "sphere of influence" should be designated as "Agricultural Lands" with a density of one dwelling unit per ten acres. There was discussion regarding the Council's desires to amend present elements of the General Plan. Mr. Warden stated that the Council is allowed to amend each element a maximum of three times in a calendar year. There are, however, procedural changes being considered which will limit the Council to three amendments to any or all of the elements in a calendar year. Councilman Cantine stated that he favored the more restrictive density designations as used in the proposed County Land Use Element. MOTION: Councilman Cantine moved that the City Administrator be directed to write a letter to the County Planning Commission incorporating the recommendations by the City Planning Commission. The motion was seconded by Councilman McGuire and unanimously carried. 6. Consideration of waiving fees at Veterans Hall - Senior Citizens Mr. Warden advised that the Parks and Recreation Commission did not have a quorum at their last meeting, however, the two membera who were present felt that the fee for the Senior Citizens should be waived, but not until consideration had been given to whether other service organziations might not also be granted a waiver. They asked that Council not make a decision until the Commission meets again next month when a full report will be given. Councilman Harmon stated that he had attended the meeting and feels that the rules and regulations on the Vets Hall need to be updated. He was in favor of granting the Seniors the waiver and charging the Commission to bring the current regulations up to date. MOTION: Councilman Harmon moved that the Morro Bay Senior Citizens fee be waived for use of the Vets Hall for their monthly potluck meeting and that the Parks and Recreation Commission be charged to give a full report on present use and fee policies to the Council at an early date. The motion was seconded by Councilman Cantine. Mr. Souza mentioned that the Seniors also have a dance and wanted to know if the fee was waived for that. Councilman Cantine indicated that the fee was waived for their once a month meeting and they could do what they wanted at those meetings. The motion was unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 24, 1978 Page Seven E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman McGuire asked about the status of shower and washroom facilities for the commercial fishermen. Mr. Warden discussed the plans of various private individuals and stated that there are no City plans at this time. He also explained the revenue and expenditures on the harbor. (b) Councilman Shelton stated that he had determined the structures for two committees and Councilman Cantine had done the same for a Harbor Committee. Councilman Cantine stated that he and Mr. Giannini had developed a proposal that composition of the Harbor Committee reflect the following interests: sport fisher- men, commercial fishermen, Fish and Game, Embarcadero businesses, marine suppliers, fish processing, watershed study committee, Chamber of Commerce and Motel Association. He felt that representatives from each of these should be appointed on an ad hoc, volunteer basis to review the things that have occurred in the past with regard to a Harbor Plan and that this group should develop a concept of what the harbor should become. Their views would then be forwarded to the Council for consideration and inclusion in a Harbor Plan. Mayor Shelton asked Councilman Cantine if he wished to be on the committee and Councilman Cantine declined, but stated that he would attempt to find someone who could chair the Committee. Mayor Shelton stated that his two committee are an Environmental Resources Committee and Finance Committee; both committees to consist of qualified electors of the City of Morro Bay to be appointed by and serve at the pleasure of the Council with one ex-officio member from the Council; members to serve for a period of two years; the committee chairman to be elected by the committee membership; and the chairman to'appoint a recorder to maintain accurate minutes of the activities and actions of the committee. Prospective members of the committee would submit applications to City Hall to be copied and distributed to the Council members for consideration for appointment. The duties and responsibilities of the Environmental Resources Committee would be to act in an advisory capacity to the Council on all matters pertaining to the City water supply, sewage disposal, wastewater reclamation, solid waste disposal, landscape, air pollution, general ecology, and anything else affecting the City environment; to formulate policies on matters pertaining to the environment for approval by the Council; to recommend to the Council specific environ- mental needs and goals; to provide environmental resource analysis; to perform environmental resource planning; and to propose and examine specific environmental resource studies. This committee would consist of nine members. The duties and responsibilities of the Finance Committee would be to act in an advisory capacity to the Council in all matters pertaining to finance; to formulate policies on matters pertaining to finance for approval by the Council; to recommend to the Council specific fiscal needs and goals; to provide budget analysis; to perform revenue planning; and propose and examine specific grant studies. This committee shall consist of five members. Councilman Harmon stated that he liked the idea. Councilman Cantine did not favor permanent committees without specific charges. Councilman Harmon also felt that the two year time limit might be too long. i •. MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL April 24, 1978 Mr. Warden asked if the Council wanted Staff input on these committees and Mayor Shelton stated that he would like them to be citizen oriented and, Mayro Shelton stated that he would like them to be citizen oriented and if the chairman needs things, he could contact the City Administrator. Mayor Shelton stated that he had promised the people he would establish committees that would use the human resources in this City; also, he has faith in the committee system. MOTION: Mayor Shelton moved that the Council charge these two committees and get them started. The motion was seconded by Councilman Harmon. Councilman McGuire stated that she still objected to the two year term of the committee members and also felt that the ex-officio Council member should be elminated from the committee as they tend to inhibit the committees. Mayor Shelton amended his motion to delete the two-year term and the ex-officio Council member. The motion was carried with Councilman Cantine voting no. (c) Councilman Harmon stated that he would like to see the Tidelands suit regarding the Coastal Commission on the agenda at the next meeting for a public hearing. There was discussion regarding this matter with Councilman Cantine and Mayor Shelton favoring holding the matter off the agenda until the City Attorney finds out if the cost for acquiring the record can be reduced. Councilman Harmon felt that it is time for the Council to take a stand on the issue in a public hearing. Council consensus was to wait for the action by the City Attorney. Howard Gaines asked about a report in the paper that the Coastal Commission suit was premature. Mr. LeSage explained that the Commission was maintaining that the suit was premature in that the Commission had only said that no more permits would be allowed in the City after December 14, 1977, and that no permits had actually been denied as a result of that decision; they felt the City should wait until permits were actually denied. The City maintained that the Commission had, in fact, declared a moratorium in the City by stating no more permits would be allowed. 2. City Attorney Mr. LeSage reminded the Council that they have only two meetings before the Jarvis/Gann initiative is voted on and, therefore, only two meetings to decide on any charges the Council may wish to establish before and in case the bill passes. 3. City Administrator (a) Mr. Warden stated that there is a Channel Counties Division, League of California Cities meeting in Santa Barbara on May 5th. Mayor Shelton indicated that he would attend. (b) Mr. Warden requested an executive session to discuss labor negotiations. (c) Mr. Warden asked Council members if the requests for lease site use changes should go directly to the Planning Commission before coming to the Council. Council members indicated that this should be the procedure. 6 46 MINUTES - MORRO Regular Meeting Page .Nine BAY CITY COUNCIL April 24, 1978 (d) Mr. Warden stated that Councilman Reasor had questioned the impact of a situation reported in the Sun Bulletin regarding the Water Quality Control Board's comments onthe Sunset Terrace Country Estates Subdivision proposals concerning the use of septic tanks in Los Osos. The concern was if sewage from the project could contaminate domestic water supplies and the possibility that such a project could affect the waters of Morro Bay. Mr. Warden stated that the project's EIR has cleared that question up and the Water Quality Control Board no longer has any objections. The Water Quality Control Board also felt that it was unlikely that any pollution to Morro Bay would occur. (e) Mr. Warden stated that five applications have been received for the Planning Commission vacancy and asked when Council members wished to conduct the interview. Council members set Monday, May 15, 1978, at 7:00 p.m. in the City Hall Conference Room. ADJOURNMENT MOTION: Mayor Shelton moved that the meeting adjourn to executive session to discuss labor negotiations. The motion was seconded by Councilman Reasor and unanimously carried. The meeting adjourned to executive session at 11:42 p.m. and returned to regular session at 11:50 p.m. MOTION: Mayor Shelton moved that the meeting be adjourned. The motion was seconded by Councilman Reasor and unanimously carried. The meeting adjourned at 11:50 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Saturday, April 22, 1978, at 9:00 a.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California; to consider applicants for Public Works Director. DATED: April 20, 1978 EUGENE R. SHELTON, Mayor City of Morro Bay, California By!111M. L. WARDEN, City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting April 22, 1978 9:00 a.m. City Hall Conference Room The meeting was called to order at 9:10 a.m. by Mayor Pro Tem Cantine. PRESENT: Councilmen Cantine, Harmon and Reasor ABSENT: Mayor Shelton Shirley McGuire, Council member selectee to be seated at the April 24, 1978, regular meeting, was present. It was noted that the meeting was called for the purpose of interviewing applicants for the position of Public Works Director. MOTION: Councilman Reasor moved that the meeting adjourn to executive session to interview applicants for Public Works Director. The motion was seconded by Councilman Harmon and unanimously carried. The meeting adjourned to executive session at 9:15 a.m. and returned to regular session at 1:11 p.m. Mayor Shelton arrived during the executive session at 9:25 a.m. MOTION: Councilman Cantine moved that Staff re -advertise the position of Public Works Director with the salary range of $18,m00 to $23,000 annually and negotiate if necessary. The motion was seconded by Councilman Reasor and unani- mously carried. Council members also indicated that a Registered Civil Engineer should be an absolute requirement. MOTION: Mayor Shelton moved that the meeting be adjourned. The motion was seconded by Councilman Reasor and unanimously carried. The meeting adjourned at 1:13 p.m. Recorded by: kA City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL April 10, 1978 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR 1. Minutes of the special meeting of March 18, 1978 2. Minutes of the executive meeting of March 18, 1978 3. Minutes of the regular meeting of March 27, 1978 4. Minutes of the executive meeting of March 27, 1978 5. Expenditure Report, 3-16-78 to 3-31-78 (RECOMMEND APPROVAL) 6. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 7. Resolution No. 16-78 approving assignment of Lease Sites No. 122, 123, 122W, and 123W to George W. and Clare Jean Leage (RECOMMEND ADOPTION) 8. Resolution No. 17-78 approving assignment of the Extension of Lease Sites No. 122W and 123W to George W. and Clare Jean Leage (RECOMMEND ADOPTION) B. HEARINGS, APPEARANCES AND REPORTS 1. Appearance of Scenic Coast Board of Realtors requesting Mayor's signature on a Proclamation for Private Property Week 2. Appearance of Morro Bay Chamber of Commerce requesting Mayor's signature on a Proclamation for Teen Challenge Week 3. Appearance of Janice Hubbell, County Planning Department presenting the San Luis Obispo County's Land Use Element and Development Code Program C. UNFINISHED BUSINESS 1. Request of Ralph Gunther to lease a portion of Lease Site No. 22 for an old time photo studio 2. Consideration of Council vacancy - continued 3. Consideration of rescinding sewer service charge 4. Consideration of appointments to Council committees 5. Consideration of discontinuing Youth Services program D. NEW BUSINESS 1. Review of agenda procedures 2. Consideration of waiving rent on Veterans Hall - Senior Citizens 3. Council considerations of work projects for coming year 4. Consideration of water equivalencies for period April 12, 1978 through April 11, 1979 E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Administrator 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 10, 1978 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Shelton with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Cantine, Harmon, Reasor, and Mayor Shelton ABSENT: None PUBLIC COMMENT Mrs. Lila Kesier Council members made assured her that she STAFF PRESENT asked if public comment would be allowed before an appointment to the Council. Mayor Shelton would be provided an opportunity to speak. Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael T. Le Sage, City Attorney Dave Braga, Parks and Recreation Director James Nuzum, Planning Director Bernard Zerr, Fire Chief Ardith Davis, Deputy City Clerk A. CONSENT CALENDAR 1. Minutes of the special meeting of March 18, 1978 2. Minutes of the executive meeting of March 18, 1978 3. Minutes of the regular meeting of March 27, 1978 4. Minutes of the executive meeting of March 27, 1978 5. Expenditure Report, 3-16-78 to 3-31-78 (RECOMMEND APPROVAL) 6. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 7. Resolution No. 16-78 approving assignment of Lease Sites No. 122, 123, 122W, and 123W to George W. and Clare Jean Leage (RECOMMEND ADOPTION) 8. Resolution No. 17-78 approving assignment of the Extension of Lease Sites No. 122W and 123W to George W. and Clare Jean Leage (RECOMMEND ADOPTION) Mayor Shelton reviewed all items on the Consent Calendar. Under Correspondence there was a resolution from the City of Port Hueneme urging support of responsible tax reform. MOTION: Councilman Harmon moved for the approval of the Consent Calendar, Items A-1 through A-8 excepting Item A-5, with the understanding that approval means taking the action re- commended by the City Administrator. The motion was seconded by Councilman Cantine. Councilman Cantine stated that a correction has been made on the original minutes to reflect a deletion on page eight of the March 27, 1978, minutes under item 4, City Administrator, (d), the sixth line, to delete the words "... of the City...". Council concurred in this deletion. The motion was unanimously carried. A-5 Expenditure Report, 3-16-78 to 3-31-78 r MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 10, 1978 Page Two Councilman Harmon stated that his question was with regard to Check #9489 made out to Santa Anita Race Track. Mr. Warden explained that this was an in/out expenditure for a Senior Citizen trip to the Race Track. The participants make their checks out to the City and the City writes the total check. MOTION: Councilman Harmon moved for the approval of Item A-5. The motion was seconded by Councilman Cantine and unani- mously carried by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Appearance of Scenic Coast Board of Realtors requesting Mayor's signature on a Proclamation for Private Property Week Mr. Warden explained that in the past, signing of proclamations has been delegated to the Mayor without requiring consideration by the entire Council. He requested Council guidance as to whether they wished to consider all proclamations or to continue to allow the Mayor to make the determination. Council members discussed the issue and decided that the past practice of delegating this responsibility to the Mayor is acceptable. Grace Melton requested the Mayor to sign a proclamation declaring the week of April 16 to 22, 1978, as Private Property Week in recogni- tion of private property owners. She introduced Marilyn Brandmyer who presented the proclamation to Mayor Shelton for his signature. 2. Appearance of Morro Bay Chamber of Commerce requesting Mayor's signature on a Proclamation for Teen Challenge Week Mr. Bob DeSomers, President of the Morro'Bay Chamber of Commerce, introduced Mary Ortiez from the Teen Challenge Team, and explained that Teen Challenge is a non-profit, interdenominational Christian organization that conducts a program of drug and alcohol education, prevention, and rehabilitation among young people. Mr. DeSomers read the proclamation declaring the week of April 10, to April 17 as Teen Challenge Week in Morro Bay. Councilman Cantine stated that the Chamber should be commended for supporting this program; he felt it benefits the entire City. 3. Appearance of Janice Hubbell, County Planning Department presenting the San Luis Obispo County's Land Use Element and Development Code Program Ms. Hubbell made a presentation of the proposed County Land Use Element using Santa Margarita as a model. Comments and questions were addressed by Council members, Mollie Bruno, Hazel Cook, and Jane Orvis. There was considerable discussion concerning the impact and meaning of the Urban Reserve Line and the Sphere of Influence concepts. Ms. Hubbell stated that the County has placed its Urban Reserve Line where the City shows its Urban Development Line because it does not feel that the City has the capacity to provide water and sewer services for development beyond that point. It was noted that although the written comments to be included in the Draft must be submitted by April 15th, presentations may be sub- mitted before the County Planning Commission on May llth and the Board of Supervisors on May 16th. Councilman Cantine felt that there should MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL April 10, 1978 be specific comments from the City Planning Commission which should then be considered by the Council and recommendations forwarded for presentation to the County in these hearings. There was discussion with regard to the fact that the County had moved the Urban Reserve Line as reflected in the City Land Use Map inward and, perhaps, that was not what the City wished the County Plan to reflect. The County Land Use Element was referred to the City Planning Commission for comments to be returned to the Council at their next meeting. RECESS 8:30 p.m. RECONVENED 8:40 p.m. C. UNFINISHED BUSINESS 1. Request of Ralph Gunther to lease a portion of Lease Site No. 22 for an old time photo studio Mr. Warden reviewed past Council actions with regard to this request. He stated that City policy had been to allow only marine oriented uses on the West side of the Embarcadero. In order for the action of the past Council to go into effect, an amendment to the lease must be made. If this Council wishes to concur in those past actions, Mr. Warden will have the necessary documents prepared; however, he recommended that the established policy with regard to changes in lease uses be followed. If this was acceptable, then the matter should be referred back to the Planning Commission for recommen- dations to the Council. He noted that the Planning Commission had only considered the proposed structural alterations and had approved them, but had not considered the change in use. Mr. Lloyd Britell, who will be the proprietor of the old time photo studio, stated that the past Council gave him the approval ,needed to go ahead with his plan which has involved considerable expense and time. He felt that the recommendations made at this time were unfair and unjust and that the proposed use is tourist oriented and, therefore, proper for the site. Councilman Cantine asked how much money had been invested to date and Mr. Britell stated $500 to $600 plus travel expenses and a loan application in the process now. Councilman Cantine felt that the past Council had gone against their own expressed policy of allowing only marine oriented uses on the Embarcadero. There was discussion with regard to implementing a Harbor Plan before any changes in use were allowed on the Embarcadero. Councilman Harmon did not feel that the applicant should be penalized because of past Council action; he suggested that the matter be referred to Planning Commission for recommendations with the intention that he should have the project. Mayor Shelton did not agree; while he sympathized with the applicant, he felt that the Council needed to take a strong stand on the policy.of there being only marine oriented uses on the Embarcadero. He also stated that marine oriented uses should be defined and suggested that the Planning Commission be directed to submit alternatives for marine oriented uses. MOTION: Councilman Cantine moved that the request to lease a portion of Lease Site No. 22 for an old time photo studio be denied 0 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL April 10, 1978 on the premise that it does not conform to the expressed City policy that uses on the Embarcadero be restricted to marine oriented uses; additionally, a further definition of what marine oriented uses are will be referred to the Planning Commission for recommendations to be considered by Council at a subsequent meeting. The motion was seconded by Councilman Reasor. Mr. Gunther expressed his dissatisfaction with the Council's action and stated that never, in all his encounters with the Council, has a action once taken been rescinded. Councilman Cantine stated that the procedure under which it was approved does not conform with established procedures; the policy which has been discussed this evening is not new. The motion was carried with Councilman Harmon voting no. 2. Consideration of Council vacancy - continued Mrs. Lila Keiser presented a petition to Council members with signatures endorsing the appointment of John Lemons to the vacant Council seat. She stated that Council had requested citizen input, and could think of no better expression of citizen input than the 1230 people who voted for Mr. Lemons. Council members indicated that they had each conducted interviews with potential Council appointees during the last two weeks; there was emphasis upon the need for an appointment which would not create a divisive influence between Council members. Councilman Harmon suggested that a procedure be implemented whereby if an incumbent Councilman runs for Mayor and is elected, that vacant seat would be filled by the next highest vote getter. Mr. LeSage stated that he could research that option, however, he was relatively sure that the Election Code did not provide for it. MOTION: Councilman Harmon moved that Shirley McGuire be appointed to fill the vacancy on the Council. The motion was seconded by Councilman Reasor and unanimously carried. Prior to the motion, Councilman Harmon reviewed the qualifications of Mrs. McGuire. Mayor Shelton stated that Mrs. McGuire could not take office until ten days after she filed a Statement of Economic Interests with the City Clerk. Therefore, she will be seated on April 24th. Shirley McGuire thanked the Council and stated that she appreciated the vote of confidence and would do her best to serve the people. Mayor Shelton reviewed the procedures and the amount of time the Council, individually, spent in talking to people and interviewing prospective candidates. He feels very satisfied that the Council made a good choice. John Lemons criticized the Council on their method of selection. 3. Consideration of rescinding sewer service charge Mayor Shelton stated that at this time, he would like to see the Council rescind the sewer service charge. Mr. Warden discussed the budget and the changes that must be made as a result of the projected loss of income. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 10, 1978 Page Five MOTION: Mayor Shelton moved that Council rescind the 38C sewer service charge. The motion was seconded by Councilman Harmon. There was further discussion on the matter and Mr. Warden pre- sented a resolution considered by Council at their last meeting, Resolution No. 14-78, rescinding Resolution No. 75-77 which established the sewer service charge. After discussion, Council felt that rather than rescinding the resolution, they should establish the charge at 0. Mr. Warden suggested that the wording in the resolution could be amended to read "That Resolution No. 75-77 adopted August 8, 1977, is hereby amended effective as of the May, 1978, billing period to reduce the sewer service charge to 0, provided, however, that all previous unpaid bills shall remain due and payable." Mayor Shelton withdrew his motion and Councilman Harmon his second. MOTION: Mayor Shelton moved for the adoption of Resolution No. 14-78 as amended. The motion was seconded by Councilman Cantine. Charles Palmer spoke against the rescinding of the sewer service charge; he felt that the Council was painting itself into a corner and that they would regret it later. Councilman Harmon stated that the sewer service charge was an interest free loan to the City from the citizens; the charge is not being rescinded merely because of campaign promises, but because the Council feels that the sewer service charge is not the way to raise the funds. Other comments were heard from John Lemons, Howard Gaines, Lila Keiser, Mr. Eldridge, Carl Ansberry, Rod Pound, Bob Dengler, and Hazel Cook. Councilman Cantine stated that he had originally suggested that the sewer service charge be left on the commercial buildings; however, with rescinding the charge totally, he hoped that the businesses would pass on the reduction to their customers. Councilman Reasor suggested that landlords do the same to their renters. The motion was unanimously carried. RECESS 10:13 p.m. RECONVENED 10:29 p.m. 4. Consideration of appointments to Council committees Mayor Shelton made the following committee appointments: Audit and Finance - Reasor and Harmon County Solid Waste Disposal - McGuire and Cantine Public Safety - McGuire and Harmon Public Works - Reasor and Cantine Recreation - Harmon, and McGuire as alternate San Luis Obispo Area Planning Council - Cantine, and Shelton as alternate County Water Advisory - Cantine and Harmon, with the Public Works Director as alternate Grievance Committee - Harmon and Cantine MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 10, 1978 Page Six Mayor Shelton also discussed other committees such as Harbor, Finance, and Environmental Resources which would provide citizen participation and perhaps these committees should be considered to become standing committees. There was also discussion relative to the structure of the committees. 5. Consideration of discontinuing Youth Services program Mr. Warden reviewed the program noting the lack of response in terms of the costs for hiring an individual to run the program and noting that the CETA funds for this program had run out. The recom- mendation from the Concern for Youth Council was that the program be eliminated. MOTION: Councilman Cantine moved that the Youth Services Coordinator program be elminated. The motion was seconded by Councilman Reasor and unanimously carried. D. NEW BUSINESS 1. Review of agenda procedures Mr. Warden reviewed the essence of his memo to the Council. The recommendation was that the agenda cut off date be Monday, noon, before the next Council meeting. This would enable the agenda to be presented to the newspaper by Tuesday morning for publication. The agenda packets would be ready for Council by Tuesday evening, but in any case no later than Wednesday, noon. Council members discussed this procedure and felt that it would improve the agenda situation. MOTION: Mayor Shelton moved that Council modify the agenda pro- cedures so as to establish Monday, noon, as the agenda cut off time and that the recommendations forwarded by Staff be adopted. The motion was seconded by Councilman Harmon and unanimously carried. 2. Consideration of waiving rent on Veterans Hall - Senior Citizens Mr. LeSage reviewed his memo on the appropriateness of waiving the Veterans Hall fee for the Senior Citizens. He stated that a waiver of the fee is appropriate provided public or municipal purposes were being served. Councilman Cantine stated that he had raised the question because the Seniors do render a service to the City and the City should, therefore, provide them with some kind of compensation. Mr. Warden noted that the Seniors have been provided free rent for use of the Fire Station and cut rates on the Dial -A -Ride bus. Mr. Risely commented on the rules and fees for public facilities adopted by Council some years ago. He stated that the rules provided for waiver of fees for programs for the youth and this same provision should be available to the Seniors. Comments were also heard from Mr. Souza. MOTION: Councilman Cantine moved that Staff make appropriate arrangements with the Senior Citizens to allow waiver of fees for their monthly meetings at the Veterans Hall. The motion was seconded by Councilman Harmon and failed with Councilman Reasor and Mayor Shelton voting no. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 10, 1978 Page Seven Mayor Shelton felt that Council should be consistent in its practice to refer matters to the various commissions and committees involved in the issues. He, therefore, felt that this matter should be referred to the Parks and Recreation Commission. MOTION: Mayor Shelton moved that Council forward the matter of waiver of fees to the Parks and Recreation Commission with the recommendation that the fees be waived, asking the Parks and Recreation commission their views, and that the matter be returned to the Council at the next meeting. The motion was seconded by Councilman Reasor and unanimously carried. Rod Pound suggested that there might be other non-profit organi- zations which provide services to the City which may request the same consideration. For instance, the Lions Club which has donated $10,000 for lighting of Keiser Park as well as considerable volunteer labor. 3. Council considerations of work projects for coming year. Mayor Shelton stated that this matter was put on the agenda without any back-up material merely to get Council ideas to establish priorities for programs they might wish to consider for the future. Councilman Harmon felt that the Harbor Plan, including the Embarcadero area, should receive high priority. Councilman Cantine acknowledged that a Harbor Plan was needed, but felt that an overall view of the General Plan was a higher priority. Consideration, in this review, should be given to sewer and water needs as well as harbor. He also felt that the nature of the docks by the launch ramp should be reviewed by the Council. The problems of providing assis- tance for moderate and low income housing should be explored. Also, evaluation of the Coastal Commission and Tidelands Grant law suits. Mr. Warden noted that he had already scheduled the launch ramp docks for consideration at the next Council meeting and that John Carollo Engineers was just completing the Texaco pipeline testing which then would result in a draft report being provided the Council as to their options for complying with the wastewater treatment and discharge requirements. Mr. Joseph Giannini spoke from the floor noting that many harbor plans had been formulated over the past few years; none of them really addressed the complete question of how much boating activity this bay can support from an ecological impact standpoint. He felt that a long term study was necessary to answer these questions and recommended the Scripps Oceanographic Institute in La Jolla be contacted to see if they would be interested in conducting such a study. He emphasized that experts were needed to answer questions and urged the Council to gain the support of the Board of Supervisors for conducting the study. Councilman Harmon noted that street resurfacing should be a high priority item as well as resolving the Brebes T Pier problem and the overall parking situation. Mayor Shelton asked which Councilmen would like to serve on the T Pier Committee and appointed himself and Councilman Reasor. Councilman Cantine stated that another item which should receive a high priority is the construction of a Senior Citizens or adult center, whatever it might be called. 4. Consideration of water equivalencies for period April 12, 1978, through April 11, 1979 �I MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL April 10, 1978 Ray Gallo spoke with regard to the Stocking property condominium project requesting that consideration be given to allocating water equivalencies to that project on the basis of single family dwellings. It was noted that the Planning Commission had not issued equivalencies because of the necessity for the Council to establish a new quota. Mr. Warden stated that the item before the Council was to con- sider the annual allocation of water equivalencies as required by the ordinance and that the request of Mr. Gallo would be more properly handled as a separate matter either on appeal from the Planning Commission or as an agenda item. Mr. Bruce Risely asked how many single family homes had been built under the equivalency program as opposed to multiple family dwellings. No answer was available. Councilman Cantine asked that the water equivalency apportionment, table be re-examined asserting that the old Council had not understood what he was proposing nor had paid any attention to his proposal. He raised the question of how condominiums should be taken care of and if we could transfer single family equivalencies to permit multiple family dwellings and to look at the first quarter's apportionment to see what the effect of a delay might be. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman Reasor raised a question regarding a news- paper article in the Sun -Bulletin on April 6th which dealt with the impact of building on the water table of Baywood and Los Osos and the impact upon the waters of Morro Bay. He wished to know how this affected Morro Bay and asked if Water Quality Control Board personnel could give the Council an analysis. (b) Councilman Cantine discussed the use of graphics and overhead projectors in Council meetings. He requested that the projector be brought to future Council meetings. (c) Councilman Reasor wanted to know if the City could use the Vets Hall for Council meetings because of the large standing room only crowds at present Council meetings. Mr. Warden advised that there would have to be a change in the ordinance which would require at least a month and a half to accomplish. Council asked Staff to bring back a draft ordinance for consideration and a report on what needs to be done to use the Vets Hall. (d) Councilman Harmon suggested that Department Heads not be required to attend Council meetings. Mr. Warden explained that he had requested them to attend because he felt depart- ment heads should be completely aware of Council actions and requests. 2. City Attorney Mr. LeSage requested an executive session to discuss litigation. 3. City Administrator (a) Mr. Warden reviewed his discussions with Mr. Pierce regarding water outside City limits and the tentative agreement they had reached. Council concurred in the arrangements. 6 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 10, 1978 Page Nine (b) Mr. Warden reviewed the possibility of receiving a Housing and Urban Development grant to fund community development projects. There will be a public hearing before the Planning Commission on April 17, 1978, and before the Council on April 24, 1978, on this matter. (c) Mr. Warden suggested that Council establish a policy of not allowing any new water hook-ups outside of the City limits. Council concurred in this recommendation. (d) Mr. Warden advised the Council that two treatment plant operators had recently left City employment. He intended to hire two CETA employees currently in training at the treatment plant to replace them. He explained that this was part of the purpose of the CETA program. ADJOURNMENT MOTTON: Councilman Harmon moved that the meeting adjourn to executive session for discussion of possible litigation. The motion was seconded by Mayor Shelton and unanimously carried. The meeting adjourned to executive session at 12:55 a.m. and returned to regular session at 1:13 a.m. MOTION: Mayor Shelton moved that the meeting be adjourned. The motion was seconded by Councilman Reasor and unanimously carried. The meeting adjourned at 1:13 a.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL March 27, 1978 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 March 13, 1978 2. Minutes of the regular meeting of March 14, 1978 3. Financial Statement, 7-1-77 to 2-28-78 (RECOMMEND APPROVAL) 4. Expenditure Report, 3-1-78 to 3-15-78 (RECOMMEND APPROVAL) 5. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 6. Resolution No. 13-78 authorizing application for Federal financial assistance under the Federal Disaster Assistance Program (RECOMMEND ADOPTION) 7. Bid for Texaco Pipeline Testing - Bid No. 3-78 (RECOMMEND BID BE AWARDED TO CROWLEY DERRICK BARGES IN THE AMOUNT OF $9,680) B. HEARINGS, APPEARANCES AND REPORTS 1. Appeal of E. Kurt Steinmann, Architect, for Harold Biaggini from Planning Commission denial of a Conditional Use Permit to allow a motel in a P. D. Zone, 496 Embarcadero - continued C. UNFINISHED BUSINESS 1. Consideration of rescinding sewer user charge 2. Consideration of bids for Keiser Park Lighting Project D. NEW BUSINESS 1. Consideration of use.of street end for docks, Morro Bay Yacht Club 2. Request of E. R. Pierce for letter of water availability 3. Request of American Shellfish Corporation for mariculture project 4. Consideration of appointments to Council committees 5. Consideration of City Council vacancy 6. Consideration of Planning Commission vacancy E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. Public Comment 2. City Council 3. City Attorney 4. City Administrator CA MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 27, 1978 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order He stated that Boy Scout Troup #222 the Pledge of Allegiance. Reverend invocation. ROLL CALL at 7:30 p.m. by Mayor Shelton. was present and would lead Dear, City Chaplain, gave the PRESENT: Councilmen Cantine, Harmon, Reasor, and Mayor Shelton ABSENT: None STAFF PRESENT: Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael T. LeSage, City Attorney Dave Braga, Parks and Recreation Director Jim Nuzum, Planning Director Richard Schacht, Police Chief Bernard Zerr, Fire Chief Ardith Davis, Deputy City Clerk A. CONSENT CALENDAR 1. Minutes of the regular meeting of March 13, 1978 2. Minutes of the regular meeting of March 14, 1978 3. Financial Statement, 7-1-77 to 2-28-78 (RECOMMEND APPROVAL) 4. Expenditure Report, 3-1-78 to 3-15-78 (RECOMMEND APPROVAL) 5. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 6. Resolution No. 13-78 authorizing application for Federal financial assistance under the Federal Disaster Assistance Program (RECOMMEND ADOPTION) 7. Bid for Texaco Pipeline Testing Bid No. 3-78 (RECOMMEND BID BE AWARDED TO CROWLEY DERRICK BARGES IN THE AMOUNT OF $9,680) Mayor Shelton reviewed all items on the Consent Calendar. Under Correspondence were a letter from the City of Antioch regarding the Jarvis -Gann Initiative and a letter from the Regional Water Quality Control Board regarding extension of time on a wastewater reclamation/ disposal alternative. MOTION: Councilman Harmon moved for the approval of the Consent Calendar, Items A-1 through A-7, with the understanding that approval means taking the action recommended by the City Administrator. The motion was seconded by Councilman Cantine and unanimously carried. B. HEARINGS, APPEARANCES AND REPORTS 1. Appeal of E. Kurt Steinmann, Architect, for Harold Biaggini from Planning Commission denial of a Conditional Use Permit to allow a motel in a P. D. Zone, 496 Embarcadero - continued Mr. Warden advised that he had received a communication from the applicant's architect, Mr. Steinmann, requesting another continuance because of new data which has been developed. If the Council wished to do so, it could send the matter back to the Planning Commission for consideration of the new data. Council could, however, hear the 0 MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL March 21, 1978 matter at this time. Councilman Cantine advised that he was on the Planning Commission when this matter was before them and that the Commission voted against the motel at that location because it is not in accordance with past policy and history of permitted Embarcadero uses. Furthermore, the Land Use Element does not call for a motel in that area. Marine oriented uses are designated for the Embarcadero, and a motel does not seem to be a marine oritented use. He does not feel that any information developed by the applicant would change those facts and felt that the matter should be heard at this time. Councilman Reasor agreed; he stated that a Plan for the Embarcadero should be developed before a decision was made to allow a motel in the area. Councilman Harmon agreed with the Planning Commission's action in denying the project and felt that it would be doing the applicant a disfavor to let him think that additional data would change his mind. Mayor Shelton, in view of the comments by the Council members, opened the hearing at 7:43 p.m. and asked if anyone wished to make comments relative to the appeal. Eugene Greenelsh stated that the reason the project was denied by the Planning Commission was because of the City's policy not to allow residences on the Embracadero. He felt that the plan was good and it would take a number of cars off the street. Mr. Steinmann, Mr. Biaggini's architect, stated that the Planning Commission's denial was based on the wrong reasons. He said that a City policy upon which denial of the project was based does not exist. Another reason why the project was denied was because the Planning Commission felt that there was a traffice problem and Mr. Steinmann felt that there is a parking problem rather than a traffic problem. Mr. Steinmann reviewed the plans for the motel and voiced his opinion as to the merits of having a motel on the Embarcadero; he felt very strongly that this project was people oriented and, because people needed a place to stay to enjoy Morro Bay's marine atmosphere, that it was also marine oriented. Mr. Steinmann stated that he had about sixty signatures of businessmen on the Embarcadero who were in favor of the project; only two had indicated disfavor. Since there were no further comments, the hearing was closed at 8:11 P.M. Councilman Harmon stated that although Mr. Steinmann had made a very impressive presentation, he did not feel that a motel was a good use for the site. All Council members agreed that a Harbor Plan needed to be adopted before a decision was made for a project such as this. Mr. Biaggini asked if it was possible to bring the matter back at a later date. Mr. Warden informed him that he could start the process all over again if he desired. MOTION: Councilman Cantine moved that the appeal be denied. The motion was seconded by Councilman Reasor and unanimously carried. C. UNFINISHED BUSINESS 1. Consideration of rescinding sewer user charge MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 27, 1978 Page Three Mr. Warden stated that this item is brought before Council as a result of action of the past Council directing staff preparation of resolutions rescinding the sewer service charge and re-establishing the $4.00 minimum for water service. The Council has before.them a proposed ordinance which would rescind the enabling legislation establishing a sewer service charge, a resolution rescinding the sewer service charge and a resolution re-establishing the $4.00 per 800 cubic feet of water minimum. Mr. Warden stated that there are several options opened to Council in this matter, one of which is to ignore past Council direction. At the Saturday study session, a question was asked with regard to the Federal requirements for the sewer service charge. Mr. Warden outlined these procedures and quoted from the Federal Register. One of the requirements is that a sewer service charge must be equitably applied. This would prohibit the increasing of property taxes for this purpose since P. G. & E. pays such a large portion of the taxes and does not use the wastewater plant/outfall system in the same proportion. There was considerable discussion with regard to the effects of rescinding the charge and with regard to the necessity to have funds to meet design and construction requirements for the outfall project. Councilman Cantine suggested rescinding the sewer service charge for residences but retaining it for commercial buildings. The 63% of the sewer service charge revenues generated by residential billings would be lost and adjustments in the budget would have to be made accordingly. He was not in favor of re-establishing the minimum water rate at $4.00 per 800 cubic feet of water —He stated that residents. need to be made aware that they could have an increased or different burden later as a result of rescinding the charge now. Mr. Warden advised that a re -adjustment in the budget would have to be considered if the Council rescinded this charge as monies were allocated to various projects and reserves. All Council members felt that the people of Morro Bay wanted the sewer service charge rescinded, and they felt that the $2.00 minimum water rate should be retained. MOTION: Councilman Cantine moved that the decision on the water rate change be negative and that the decision on the sewer charges' specific change be deferred to a subsequent meeting Comments on the sewer service charge were heard from Mrs. Souza, Charles Palmer, Marjorie McConaghay, and Howard Gaines. Council directed that Staff bring alternatives to the sewer service charge for Council consideration, including retaining the sewer service charge for commercial buildings and rescinding it altogether. The motion was unanimously carried. RECESS 9:05 p.m. RECONVENED 9:20 p.m. 2. Consideration of bids for Keiser Park Lighting Project 0 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL March 21, 1978 Mr. Warden explained that this project is to be funded in part by a grant in the amount of $22,500. In addition, the Lions Club is donating $10,000. The City has not made any expenditures on the project to date, however, it is now being requested that $5,480.61 be transferred from reserves to purchase items not included in the bid in order to assure contracted help and materials for the construction which could involve injury liabilities if using volunteer labor. It is recommended that the bid be awarded to AMFAC in the amount of $26,658.45. Howard Gaines asked if consideration had been given to charging park users for the electricity used during their activities. Mr. Warden stated that the suggestion had been made and is under con- sideration. Mayor Shelton asked if the City could get by without the parking lot lights and Mr. Braga pointed out that they are necessary from a safety standpoint. MOTION: Councilman Harmon moved that the Council accept the bid of AMFAC in the amount of $26,658.45 for the Keiser Park Lighting Project and that $5,480.61 be transferred from reserves to cover the additional materials required. The motion was seconded by Mayor Shelton. Mr. Manual Kingsfather suggested that the Council look at the plans for the project and the use of the park before approving the expenditure. Mayor Shelton stated that this project has involved tremendous community effort and he felt that it should be passed on that evidence of significant need. The motion was unanimously carried by roll call vote. D. NEW BUSINESS 1. Consideration of use of street end for docks, Morro Bay Yacht Club Mr. Pat Kelly, Morro Bay Yacht Club Commodore, reviewed the proposed dock project. He stated that the Yacht Club had enjoyed the use of 38' of the Driftwood Street end for some time without an official lease on that area. They now wished to upgrade the float and enter into an official arrangement with the City. He stated that eliminating use of the street end would cut their ability to accommodate boats down by 25%. He explained the configuration of the docks on which he based this estimate. Mayor Shelton was concerned about the City's policy that the street ends be utilized with docks for commercial fishing boats and wondered how this would affect that relationship. Mr. Kelly stated that the proposed float could be removed at any time the Council so directed. Council members discussed the use of street ends and felt that an official lease arrangement should not be entered into, however, the Yacht Club could improve the float at their own risk understanding that the City could require them to remove the float if the City decides to build docks in that area. Mr. Warden requested that this direction be made in a motion so that he had a clear guidance as to Council intention. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 27, 1978 Page Five MOTION: Councilman Cantine moved that it be the will of the Council that the City Manager enter appropriate relationships with the Yacht Club to permit the modernization of their present float according to the plans submitted with a clear under standing that the portion in the Driftwood Street end area is being modernized on a calculated risk basis and can be removed if and when the Council decides on a use for the Driftwood Street end. The motion was seconded by Councilman Harmon. Mr. Warden asked if the motion should include the Council's desire not to enter into a specific lease amendment. Councilman Cantine amended his motion to exclude a lease amendment. The amendment was accepted by Councilman Harmon and the motion was unanimously carried. 2. Request of E. R. Pierce for letter of water availability Mr. Warden explained that a situation exists whereby a property owner outside City limits has been provided with water at some time prior to the City's incorporation in exchange for an easement allowing water lines to cross the property. Mr. Pierce, the present owner of the property, wishes to build a new house and destroy the old one and, to do so, the Coastal Commission is requiring him to obtain a letter of water availability from the City. Mr. Warden reviewed the alternatives such as removing the City water lines from the property which would cost approximately $4500; letting Mr. Pierce have the water free of charge up to a specified amount and then charging him for excess at a different rate. There may be other arrangements. Mr. Pierce indicated that he was willing to work with the City in coming to an agreement; he has been held up on his project for a considerable amount of time and is anxious to begin construction. There was discussion with regard to the request. Council directed the City Administrator to work with Mr. Pierce to reach an equitable agreement so that Mr. Pierce could have a letter of water availability for the Coastal Commission. 3. Request of American Shellfish Corporation for a mariculture project Mr. Warden stated that American Shellfish Corporation has reached an agreement with P. G. & E. to utilize their outfall discharge channel for growing oysters and clams. There was a lease agreement signed between P. G. & E. and the County before the City was incorporated in which P. G. & E. did not pay a lease payment for the discharge area in exchange for P. G. & E. deeding certain street right-of-way properties. Mr. Warden stated that Staff does not see a problem with the project. MOTION: Councilman Cantine moved that Council direct Staff to work with American Shellfish to arrive at an agreement in this matter for a period of one year. The motion was seconded by Mayor Shelton and unanimously carried. r `* MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 27, 1978 Page Six 4. Consideration of appointments to Council committees Mr. Warden reviewed the committee structure of past Councils and noted that committees can be of any type the Council wants, except for the few established by outside agencies. He reviewed the meeting dates and selection procedures for the County Area Council, LAFCO, and Water Advisory Committees. He requested that Council appoint a member to the Area Council as they will be a meeting soon. Mayor Shelton appointed Councilman Cantine to the Area Council. Mayor Shelton stated that he would like the committee matter re- considered at the next Council meeting. He is now working on the composition of the various committees and may wish to recommend the creation of more. The Brebes T Pier Committee was mentioned and Mayor Shelton requested that Council members familiarize themselves with this matter by reading the Brebes T Pier lease on file in City Hall. He would make an appointment at the next meeting. 5. Consideration of City Council vacancy Mr. LeSage outlined Council alternatives with regard to electing or appointing a Councilman. If there is not an appointment made by April 13th, the matter will automatically go to election in November. All Council members expressed the opinion that Council should appoint now rather than wait for an election in November or to make an interim appointment until the November election. They did not feel that they should ask someone to serve an interim period since it would be for a short period. Mayor Shelton said that before the election he had felt that the fourth highest vote getter should be appointed to the vacant seat since that would be consistent with the will of the voters. MOTION: Mayor Shelton moved that the fourth highest vote getter in the recent election be appointed to fill the unexpired term of Mr. Shelton on the Council. The motion died for lack of a second. MOTION: Councilman Cantine moved that selection to fill the vacancy be deferred until the next regular meeting of the Council. The motion was seconded by Councilman Reasor and unanimously carried. Mr. Warden advised the Council that whoever is appointed cannot take office until ten days after they file a Statement of Economic Interests with the City Clerk; also, selection of the fifth Councilman must be in open session. Councilman Harmon expressed the opinion that someone from the business community should be represented on the Council. Mayor Shelton urged the people of Morro Bay to voice their opinions to the Council on this matter. 6. Consideration of Planning Commission vacancy Mr. Warden stated that the Council is not under the same restraints for appointment to the Planning Commission as they are for the City u MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL March'21, 1978 Council. He explained past procedures for filling Planning Commission vacancies and informed the Council that Planning Commissioners serve at the pleasure of the Council. All Council members favored the procedure of advertising for persons interested in•serving on the Planning Commissioner and Staff was directed to proceed on that basis. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. Public Comment (a) Bruce Risley criticized the Sun -Bulletin's editorial concerning the recent election. He felt that the precincts in the City could be more conveniently located in the different parts of town, i.e., people from North Morro Bay had to go to the Vets Hall to vote, so many did not vote because it was so far away. Peter Diffley stated that he had talked with the County Clerk and she had informed him that the County had problems getting space from the school district. There was discusson on this matter with Staff directed to contact the County to see if precincts could be more conveniently located. (b) Howard Gaines asked if it was possible to get a line - item copy of the Recreation budget when it was available. Mr. Warden said yes. 2. City Council (a) Councilman Reasor suggested that the Public Comment portion of the agenda be moved to the beginning of the agenda so that people who wish to can speak at the beginning of the meeting instead of having to wait until the end which is sometimes quite late. Staff was directed to place the Public Comment portion of the agenda after the Roll Call portion of the agenda. (b) Councilman Cantine suggested that the City Council eliminate the $35.00 charge for the Vets Hall to the Senior Citizens for their monthly potluck meetings. There was dis- cussion regarding this matter with Staff directed to look into the ramifications of waiving this fee and to prepare a resolution to amend existing Vets Hall rules to allow the Senior Citizen waiver. (c) Councilman Harmon asked if Building Permits were still published in the Sun -Bulletin and Mr. Warden stated as far as he knew, they were. Mr. Harmon asked if it was possible to give the Sun -Bulletin information as to items to be on the next Council agenda so that this information will appear in the paper and the public will know what is to be discussed. There was considerable discussion on this matter with comments from Tony Ignaffo, Mrs. Diffley, and Rod Pound. Mr. Warden explained that there is no tentative agenda made until agenda day which is the Thursday before the meeting. The only known items ahead of time are those that are requested to be put on the agenda by the Council at the previous Council meeting and the press already knows about them. Council members felt there would be considerably more public parti- cipation at the Council meetings if it was known what items were to be considered. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 21, 1978 Page Eight Staff was directed to look into the possibility of a tentative agenda to be developed and provided the paper on Monday and also to explore the ramifications of having the Monday before the Council meeting the cut-off date for agenda items. (d) Mayor Shelton noted that he would be making appoint- ments to various committees in the near future and requested that Council consider appointments to and types of committees they would like to see organized. 3. City Attorney (a) Mr. LeSage requested an executive session to discuss litigation. 4. City Administrator (a) Mr. Warden stated that he also wanted an executive session to discuss labor negotiations. (b) Mr. Warden stated that he had just received a letter from the Federal Office of Research and Technology inviting the City to express an interest in a demonstration desalting project for Morro Bay. Mr. Warden stated that he intended to write such a letter if the Council had no objections; no objections were expressed. (c) Mr. Warden reviewed the City's appeal before the State Coastal Commission with regard to a replacement well on the Boone property. He stated that he had just received notification from the State Coastal Commission that the hearing of the City's appeal fo the Regional Commission's requirement for a professional hydrologist to oversee the drilling and abandonment operations of the well has been granted. Thus far, the State Commission staff does not find this requirement to be appropriate. He explained, however, that the Commission was requiring a monitoring program which could exceed the cost of hiring a hydrologist. He believes, however, that this is a condition the City can live with because a monitoring program could be useful. There is a question, however, as to sharing of costs of the program which could be beneficial to others besides the City. The hearing on these recommendations will be on April 5th. Councilman Harmon felt that the however, an attempt to recover costs be pursued. Council agreed. original appeal should be continued, for the monitoring program should (d) Mr. Warden advised that sixteen applications for Public Works Director had been received. He explained the review process and asked Council how they wished to proceed with the interviews. Councilman Cantine was opposed to filling the Public Works Director position at this time; he felt that Council should hold off until reorganization Iwas considered. Mayor Shelton felt that the position should be filled as soon as possible; even if there is a reorganization of some sort, the City will still need a Public Works Director. Councilmen Harmon and Reasor agreed. Mayor Shelton suggested that all Council members review the applications received. The Council established April 22, 1978, at 9:00 a.m. as the interview time and date. & 4h MINUTES - MORRO BAY CITY COUNCIL Regular Meeting Marcy 21, 1978 Page Nine ADJOURNMENT MOTION: Councilman Cantine moved that the meeting ajourn to executive session to discuss litigation and labor nego- tiations. The motion was seconded by Councilman Harman and unanimously carried. The meeting ajdourned to executive session at 11:39 p.m. and returned to regular session at 12:08 a.m. MOTION: Mayor Shelton moved that the meeting adjourn. The motion was seconded by Councilman Harmon and unanimously carried. The meeting adjourned at 12:08 a.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk 9 9 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Saturday, March 18, 1978, at 9:30 a.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, to provide the City Council with orientation and information on the following general subjects: 1. Organization and structure of the City Administration, departments, and explanation of their activities. 2. The relationship and responsibilities of the City Administrator and staff to the Council. 3. Completion schedule for General Plan Update and general information concerning low and medium income housing. 4. Information and discussion of on -going projects such as outfall, sewer plant upgrading, wastewater reclamation and information concerning federal grants for same. 5. Information concerning any pending litigation matters and water negotiations. 6. Explanation of the sewer service charge revenues, effects of withdrawal of sewer service charge, con- sideration of possible alternatives. 7. Discussion of the budgetary process. 8. General discussion of City functions and administration. 9. Executive session for discussion of labor negotiations and possible personnel items. DATED: March 16, 1978 EUGENE R. SHELTON, Mayor City of Morro Bay, California '-� &)m d'r-� r c! By: M. L. WARDEN, City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting March 18, 1979 9:30 a.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Shelton.and he briefly reviewed the agenda. ROLL CALL PRESENT: Councilmen Cantine, Harmon, Reasor, and Mayor Shelton ABSENT: None STAFF PRESENT Murray Warden, City Administrator Ralph Dowell, Assistant City Administrator Michael'T. LeSage, City Attorney Dave Braga, Parks and Recreation Director George Chrissakis, City Engineer James Nuzum, Planning Director Richard Schacht, Police Chief Bernard Zerr, Fire Chief Ardith Davis, Deputy City Clerk 1. Report from the City Administrator of the relationship of the City Administrator to the Council as perceived by the City Administrator. Mr. Warden referred the Council to the section of the Municipal Code which spells out the duties of the City Administrator. He dis- cussed the relationship of the City Administrator to the Council as a whole and individually. He stated that, in accordance with the Municipal Code, department heads were directly responsible to the City Adminis- trator for work performance and departmental operation. Mr. Warden reviewed his relationship to the Council and stated that he was obligated to present as much information about any given subject as was available, to include alternative measures and to make recommendations to the Council even if sometimes contrary to individual Council members' views. However, once a Council decision or policy was made, then it was his duty to fully carry out and support those decisions. He likened his role to that of a general manager responding to the policy directions of a Board of Governors. He discussed the informal relationship of the City Administrator and the Council and asked that all Council members feel free to call on him at any time to discuss and ask questions. He stated that he was also interested in the City Administrator/Council relationship as perceived by the Council. Mr. Warden referred to the contract of the City Administrator with the City which was provided to the Council. 2. The responsibilities of Staff to the Administrator Mr. Warden explained that the reason the City Administrator is charged with directing Staff in their duties is so that department heads or other employees do not have five individual Councilmen assigning tasks. The City Administrator is responsible for seeing that Staff carries out the direction of the City Council. This relationship is also spelled out in the Municipal Code. 3. Completion schedule for General Plan Update and general information concerning low and medium income housing. MINUTES - MORRO BAY CITY COUNCIL Special Meeting March 18, 1978 Page Two Mr. Nuzum explained the status of the General Plan. All elements have been completed except the Circulation Element, which will be reviewed by the Planning Commission in April, the Downtown, Embarcadero and Scenic Highways Elements are nearing completion and will be starting through the review process in the near future. Councilman Harmon asked what the procedure was for Council members to make change in already adopted elements. Mr. Nuzum stated that they are allowed to make changes any three times in the calendar year. There was discussion with regard to the agricultural area density designations. Mr. Nuzum discussed this at length and pointed out that the area is zoned PD and the Planning Commission, depending on the topography of the area or other factors, could zone the area for less than the maximum. Mr. Nuzum discussed low and medium income housing. He explained that the City had been attempting to get grant funding for projects of this nature, but had been unsuccessful. There is a program, recently announced, whereby the State is offering assistance to cities who have been unable in the past to obtain these types of grants. Under this program, the State sends experts to the cities to help them prepare the grants for which the State personnel feel the City might qualify. It was noted that all these grants are competative and the amount of available money limited. Councilman Harmon asked about the Local Coastal Plan and Mr. Nuzum noted that a budget for the preparation of the Plan had been submitted to the Coastal Commission, however, it is anticipated that the pre- paration of the Plan will cost considerably more than the Commission is able to fund. Consequently, the Coastal Commission will have to decide which issues are the most important. Mayor Shelton asked about the building activity in the City and Mr. Nuzum reviewed the current status of the building equivalencies and referred to the sheet provided Council entitled Plans on File as of 3-17-78. Mr. Nuzum reviewed his organizational chart, the employees he is responsible for, and outlined the duties of those employees. 4. Information and discussion of on -going projects such as outfall, sewer plant upgrading, wastewater reclamation and information concerning federal grants for same. Mr. Warden detailed the past years' progress with regard to the wastewater treatment plant project, i.e., new outfall, upgrade, expansion, and reclamation. He also reviewed the possibilities of using the. abandoned Texaco pipelines as an outfall. Howard Gaines asked if the City hadn't been putting money aside for some years for this project. Mr. Warden said yes, in anticipation of needing, in November of 1980, $1,900,000 to pay for construction costs and to pay for the local share of the grant. There will be reimbursement of these funds, however, the up -front money must be there. Mr. Gaines asked about in -kind services and Mr. Warden stated that the City does not have the capability to provide significant in - kind services. Mr. Warden discussed the changes in grant regulations regarding applying user charges for the outfall and stated that such charges had to be applied on an equitable basis. This would prohibit using ad valorum taxes since P. G. & E. would have to pay the bulk of the charge, but has not placed any appreciable demand on the system. MINUTES - MORRO Special Meeting Page Three BAY CITY COUNCIL Mar ch.l8, 1978 Mr. Warden reviewed Programs Pending and the current status of the grants applied for by the City. RECESS 11:17 a.m RECONVENED 11:35 a.m. Mr. Warden continued to review the various grants and the monies needed to supplement the grants. Howard Gaines requested information on the status of the civic center property purchased by the City several years ago. Mr. Warden stated that previous Councils had purchased that property in anticipation of the need, at a future time and in accordance with the City's General Plan. Councilman Reasor asked if the City had any document that could be read regarding the requirements to have the money available at the time construction of the outfall plant begins. Mr. Warden stated that the procedure is outlined in the Federal Register and he will obtain information for the Council concerning these requirements. 5. Information concerning any pending litigation matters and water negotiations. Mr. Warden stated that the City Attorney would be briefing the Council on some of the litigation matters, but all discussion would be very general in nature and detailed explanations would be provided in executive session. Dale Mitchell stated that it was not proper to consider litigation in executive session today since it was not specifically listed in the agenda. Also, he reminded the Council that any decision on pending law suits should be made in open session. Mr. LeSage advised that it would be proper to discuss the litigation matters in executive session. Mayor Shelton advised that the Council had no intention of making any decisions today; this meeting was for information purposes for Council. Mr. LeSage reviewed the case of the City vs Mr. Bakke regarding occupancy taxes, City vs Oliver regarding flood damage, Tidelands regarding establishing a boundary line, Domenghini regarding acquiring supplemental water, Brebes T Pier regarding complying with the lease to repair the pier, acquisition of surplus water, Coastal Commission December 14, 1977, decision, Dautrich vs. Morro Bay and other cities regarding claims by female police employees. Mr. Ralph Peterson asked several questions with regard to the City's procedure on the Tidelands suit. Ray Gallo requested that another Council committee be appointed to discuss the Brebes T Pier matter. Mayor Shelton suggested that the meeting break for lunch and reconvene at 1:15 p.m. RECESS 12:29 p.m. RECONVENED 1:22 p.m. 6. Explanation of the sewer service charge revenues, effects of withdrawal of sewer service charge, consideration of possible alternatives. Mr. Warden reviewed the various programs discussed by Council last July with regard to raising the revenues necessary to support MINUTES - MORRO BAY CITY COUNCIL Special Meeting March 18, 1978 Page Four certain programs. Besides the utilities of water and sewer, the only other possible source of revenue is increasing the bed tax; for each 18 increase, $35,000 in revenue is raised. He told Council that it is anticipated that the City will be $64,600 short of their anticipated revenue this fiscal year because the sewer service charge did not go into effect until September. The sewer user charge generates approxi- mately $13,000 per month. Also, the water and sewer hook-up fees will not generate the anticipated funds because of the moratorium. This will result in an additional $120,000 shortage next fiscal year. It is anticipated that if Jarvis is passed, a $404,000 loss in revenues will be realized. This coupled with the losses in sewer and water hook-ups and the sewer service charge will mean the City will fall short of annual revenues in the amount of 42.4% or $1.4 million. If charges presently existing are removed and new ones substituted, then this must be done prior to Jarvis' passage since after that, any alternate sources of revenue can only be imposed by a 2/3 favorable vote of the City's eligible voters. Mr. Warden discussed future projects in the City. Mr. Diffley asked if the money generated by an increase in water rates would have to be used on water. Mr. Warden said not necessarily, that the Council could determine the uses for that money. Mr. Gaines stated that he would like to see a profit and loss statement on the water department. Councilman Cantine asked of the approximately $160,000 generated by the sewer user tax, how much is generated by commercial users as opposed to residential users. Mr. Warden stated that he did not have the information on hand, but could get the figures. 7. Discussion of budgetary process. Mr. Warden reviewed the process of the Department Heads submitting budgets, the Staff getting together and trying to cut expenses, his suggested budget figures, and Council's final approval. Mr. Warden also reviewed the labor negotiation process and stated that he would review details of the various.association requests in executive session. Mr. Warden briefed Council on the City's money management program and the interest earned therefrom. Mr. Warden explained to the Council about self-insurance and the program for self-insurance which the cities in the County are currently jointly investigating. Mayor Shelton pointed out that the City of Morro Bay had initiated this program. 8. General discussion of City functions and administration Mr. Warden reviewed the functions of the Administrative office and the employees therein. The Administrative office also takes care of the City Clerk and personnel functions as well as Labor Relations problems. RECESS 2:38 p.m. RECONVENED 2:50 p.m. Mr. Warden advised Council that the City is currently advertising for the positon of Public Works Director and that the closing date for 0 MINUTES - MORRO BAY CITY COUNCIL Special Meeting March 18, 1978 Page Five applications is March 24th. After that time, he will ask Council as to whether they wish to appoint a screening committee to review the applications to decide which applicants will be interviewed by the Council as a whole. Mr. Warden also discussed the vacancies now existing on the Planning Commission and the Council and the need for appointments. In the case of the City Council vacancy, if the Council wishes to hold an election on this seat, it will have to be in November, since the time period to call an election for June is already past. All Department Heads including Ralph Dowell, Assistant City Administrator; Bernie Zerr, Fire Chief; Richard Schacht, Police Chief; Dave Braga, Parks and Recreation Director; and George Chrissakis, Acting Public Works Director; gave descriptions of their department's organization and activities. Various questions were asked by Council members and the general public. Mr. Warden discussed the agenda process. The agenda is officially cut off at noon on the Thursday prior to the Monday Council meeting. This is to meet the.statutory timing to to allow development of infor- mation concerning the items for the Council's consideration. Some things that are received before that may not be put on the agenda because of a shortage of time within which to receive the information concerning the particular item. There may also be legal questions involved. This is done so that the Council has available to it all information possible to make a decision on any given matter. If, however, a Council member insists that something be put on the agenda immediately, it will be done. With regard to Council questions on City matters, Mr. Warden requested that all Council members feel free to come to talk to him at anytime. He stated that he would like nothing better than to discuss City business with Council members every day. Mr. Warden stated that he held staff meetings every Monday morning with Department Heads to discuss various matters relating to City business. The Department Heads are encouraged to discuss things freely and offer suggestions for improvements in their various depart- ments. At the conclusion of the meeting Mayor Shelton stated that he hoped the nature of today's meeting arrested any suspicions about a head hunting activity which had been widely rumored. This session was an educational process for the new Council members and no decisions were intended to be made today. MOTION: Councilman Cantine moved that the meeting adjourn to executive session. The motion was seconded by Councilman Harmon and unanimously carried. The meeting adjourned to executive session at 4:20 p.m. and returned to regular session at 6:08 p.m. MOTION: Mayor Shelton moved that the meeting be adjourned. The motion was seconded by Councilman Harmon and unanimously carried. The meeting adjourned at 6:09 p.m. Recorded by: M. L. WARDEN, City Clerk By,: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL March 14, 1978 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call A. CONSENT CALENDAR I�RT"T, B. HEARINGS, APPEARANCES AND REPORTS Olre irz C. UNFINISHED BUSINESS 1. Resolution No. 12-78 reciting the fact of the General Municipal Election held on March 7, 1978, and declaring the result thereof. D. NEW BUSINESS 1. Presentation of Certificates of Election and Oath of Office to new Mayor and City Council members 2. Seating of new Mayor and City Council members 3. Presentation of Certificates of Appeciation to outgoing Mayor and Council members 4. Conduct of election for the Office of Mayor Pro Tempore MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 14, 1978 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Councilman Donald Brown gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None A. CONSENT CALENDAR None B. HEARINGS, APPEARANCES AND REPORTS None C. UNFINISHED BUSINESS 1. Resolution No. 12-78 reciting the fact of the General Municipal Election held on March 7, 1978, and declaring the result thereof Mayor Mitchell read a statement regarding accomplishments occurring during his term of office. He discussed the various issues that had dominated the recent campaign and the past unpopular decisions that had been made by the present City Council during their term. He said that he had promised, when he first took office, to serve to the best of his ability; he stated that he has done this and leaves with no regrets and would not have changed one decision made in the past eight years. MOTION: Councilman Brown moved that Resolution No. 12-78 be read in its entirety. The motion was seconded by Councilman Rowland and unanimously carried. Mr. Warden read Resolution No. 12-78 in its entirety. MOTION: Councilman Brown moved for the adoption of Resolution No. 12-78. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. D. NEW BUSINESS 1. Presentation of Certificates of Election and Oath of Office to new Mayor and City Council members Mr. Warden called Councilmen -elect Thomas R. Cantine, Thomas R. Harmon and Charles K. Reasor, and Mayor -elect Eugene R. Shelton forward and administered the Oath of Office. Mr. Warden issued the Certificates of Election to each Council member and asked them to take their seats at the Council table. 3. Presentation of Certificates of Appreciation to outgoing Mayor and Council members Mayor Shelton issued Certificates of Appreciation to Dale C. Mitchell for his term of Mayor from April 21, 1970 to March 12, 1974 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 14, 1978 Page Two and March 9, 1976 to March 14, 1978, and as Councilman from March 12, 1974 to March 9, 1976; to Donald H. Brown for Councilman from March 12, 1974 to March 14, 1978; to Nino L. Pip'itone for Councilman from March 12, 1974 to March 14, 1978; and to Lois A. Rowland, Councilwoman from June 28, 1976 to March 14, 1978. Mayor Shelton thanked the Mayor and Council members for their past service to the City. 4. Conduct of Election for the Office of Mayor Pro Tempore Mayor Shelton stated that the Chair would entertain motions for the election of Mayor Pro Tempore. MOTION: Councilman Reasor moved that Councilman Cantine be elected Mayor Pro Tempore. The motion was seconded by Councilman Harmon and unanimously carried. Mayor Shelton asked the Council members if they wished to make a statement at this time. All newly elected Council members and the Mayor thanked the people who worked and voted for them and issued an invitation to the citizens to get involved in City business and talk to their elected representatives about the issues. MOTION: Councilman Cantine moved that the meeting be adjourned. The motion was seconded by Councilman Reasor and unanimously carried. The meeting adjourned at 8:06 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL March 13, 1978 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call v'A. CONSENT CALENDAR 1. Minutes of the regular meeting'of February 27, 1978 2. Expenditure Report, 3-16-78 to 2-28-78 (RECOMMEND APPROVAL) 3. Resolution No. 9-78 approving the Comprehensive Employment and Training Act of 1973 Work Site Agreement (RECOMMEND ADOPTION) 4. Resolution No. 10-78 approving sublease on Lease Sites No. 96 and 96W, DeGarimore (RECOMMEND ADOPTION) 5. Resolution No. 11-78 approving assignment of Lease Sites No. 96 and 96W, DeGarimore (RECOMMEND ADOPTION) A. /HEARINGS, APPEARANCES AND REPORTS None -/C.,// UNFINISHED BUSINESS None �D. NEW BUSINESS / / 1. Request of Lloyd Ainslie for extension of Variance, 2620 Koa Avenue �2. Request of Chamber of.Commerce for ✓3. Request of Ralph Gunther to lease a No. 22 for an old time photo studio E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. Public Comment 2. City Council 3. City Attorney 4. City Administrator sidewalk sale portion of Lease Site MINUTES - MORRO BAY Regular Meeting March 13, 1978 7:30 Morro Bay Recreation It It CITY COUNCIL p. M. Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Wendell Wheeler 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 George Chrissakis, City Engineer Richard Schacht, Police Chief Bernard Zerr, Fire Chief Ardith Davis, Deputy City Clerk A. CONSENT CALENDAR 1. Minutes of the regular meeting of February 27, 1978 2. Expenditure Report, 2-16-78 to'2-28-78 (RECOMMEND APPROVAL) 3. Resolution No. 9-78 approving the Comprehensive Employment and Training Act of 1973 Work Site Agreement (RECOMMEND ADOPTION) 4. Resolution No. 10-78 approving sublease on Lease Sites No. 96 and 96W, DeGarimore (RECOMMEND ADOPTION) 5. Resolution No. 11-78 approving assignment of Lease Sites No. 96 and 96W, DeGarimore (RECOMMEND ADOPTION) 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-5, 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 None C. UNFINISHED BUSINESS None D. NEW BUSINESS 1. Request of Lloyd Ainslie for extension of Variance, 2620 Koa Avenue Mayor Mitchell stated that last year the Council granted an appeal from the Planning Commission's denial of a Variance for Mr. Ainslie at 2620 Koa Avenue. The period to begin work after receiving a Variance is one year. Since that time has now elapsed and Mr. Ainslie MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 13, 1978 Page Two is still tied up in litigation with the former owners of 2620 Koa Avenue regarding the status of that building, Mr. Ainslie is requesting an extension of one year on his present Variance in order to work out his legal problems. MOTION: Councilman Brown moved that the request for an extension of the Variance for 2620 Koa Avenue be granted. The motion was seconded by Councilman Shelton. Mr. Warden requested that the motion also include the time limi- tation of the extension. Councilman Brown amended his motion to include that the extension on the Variance is granted for a period of one year. The amendment was accepted by Councilman Shelton and the motion was unanimously carried. 2. Request of Chamber of Commerce for sidewalk sale Mayor Mitchell explained that the Chamber was acting on behalf of the merchants in requesting a Use Permit to operate a downtown side- walk sale during the month of May, 1978. Mr. Warden stated that a clarification had been made in that the merchants would not sell their goods outside, but only display them on the sidewalk, thereby enabling the City to use the simpler procedure of an encroachment permit. Mr. DeSomers, President of the Chamber of Commerce, stated that this activity was being used to stimulate business in Morro Bay which is usually slow this time of the year. MOTION: Councilman Brown moved that Council approve the request of the Chamber of Commerce to permit a sidewalk display one day in May by issuing an encroachment permit. The motion was seconded by Councilman Rowland and unanimously carried. 3. Request of Ralph Gunther to lease a portion of Lease Site No. 22 for an old time photo studio Lloyd Britell stated that Mr. Gunther would be allowing him to operate the old time photo studio on Lease Site No. 22 upon receiving approval of Council. The space planned for the studio is currently being used for dry storage in support of Bob's Sea Food, but this can be moved. Mr. Warden explained that this lease site has a primary permitted use for marine ways activities. In 1975, the Council had granted a 40' by 50' area to be used for a gift shop which is presently still on the site. He reminded the Council that their policy had been to try to preserve the marine ways activities in this spot since there were no other services of this nature in Morro Bay. The Council action in granting a gift shop use was with the understanding that the remainder of the site be used for the marine ways operation. MOTION: Councilman Rowland moved that the matter be referred back to the Planning Commission for consideration of the change in use. The motion was seconded by Councilman Shelton. Mayor Mitchell stated that he was ready to vote on it at this time; he felt that the use was appropriate for the area. The motion failed with Councilmen Brown, Pipitone and Mayor Mitchell voting no. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 13, 1978 Page Three MOTION: Mayor Mitchell moved that the request be granted. The motion was seconded by Councilman Brown and was carried with Councilmen Rowland and Shelton voting no. Mr. Warden advised that he would return to Council with a pro- posed resolution changing the use on this site. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. Public Comment (a) Bob DeSomers suggested that when repainting street parking pockets, that the marks indicating the size of the parking pocket be extended into the street a small distance so that drivers can see where they are parking without having to get out of their cars. Mr Warden stated that this suggestion had been passed on to the Public Works Department several weeks ago and was in the process of being implemented. 2. City Council (a) Councilman Pipitone thanked the people of Morro Bay for giving him the opportunity to serve as Councilman for the past four years and also stated that he had enjoyed working with the other Council members. (b) Councilman Rowland thanked everyone who had helped her serve on the Council and discussed past unpopular decisions that had to made during her term in office. She stated that she had great respect for all the members of the Council. (c) Councilman Brown stated that he had received a message from the voting public during the recent election and proposed the following motion: MOTION: Councilman Brown moved that the City Administrator be directed to draft an urgency ordinance to repeal the sewer service charge and that the ordinance also reflect a change from the $2.00 per 400 cubic feet minimum to the original $4.00 per 800 cubic feet minimum. The motion was seconded by Mayor Mitchell. Councilman Shelton asked that the motion not include the change in the minimum water rates. Councilman Brown stated that his motion would stand as it is; he did not feel that the City would be exercising good fiscal management unless the $4.00 minimum was re-established. The motion was unanimously carried. Councilman Brown also thanked the people of Morro Bay for giving him the opportunity to serve. (d) Mayor Mitchell stated that he had a prepared statement he would read at tomorrow night's meeting which is for the purpose of the seating the new Council. 3. City Attorney Mr. LeSage had nothing to report. MINUTES-.MORRO BAY CITY COUNCIL Regular Meeting March 13; 1978 Page Four 3. City Administrator Mr. Warden had nothing to report. ADJOURNMENT MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting adjourned at 8:08 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk • 9 PUBLIC NOTICE NOTICE IS HEREBY GIVEN that any person aggrieved by any act or determination of the Morro Bay Fire Department in connection with the current weed abatement program may file an appeal with the City Clerk of the City of Morro Bay prior to February 27, 1978. 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 19, 1978 M. L. WARDEN, City Clerk City of Morro Bay, California 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, February 27, 1978, 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 E. Kurt Steinmann, .__ Architect, for Harold Biaggini from Planning Commission denial of a Conditional Use Permit to allow a motel in a P. D. Zone, 496 Embarcadero, 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 8, 1978 DALE C. MITCHELL, Mayor City of Morro Bay, California By:L. WARDEN, City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL February 27, 1978 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 February 13, 1978 2. Financial Statement, 7-1-77 to 1-31-78 (RECOMMEND APPROVAL) 3. Expenditure Report, 2-1-78 to 2-15-78 (RECOMMEND APPROVAL) 4. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) B. HEARINGS, APPEARANCES AND REPORTS 1. Public hearing on appeal of E. Kurt Steinmann, Architect, for Harold Biaggini from Planning Commission denial of > a Conditional Use Permit to allow a motel in a P. D. Zone, 496 Embarcadero - Appellant request to continue hearing to March 27, 1978. 2. Hearing on annual weed abatement program C. UNFINISHED BUSINESS 1. Resolution No. 8-78 rescinding Resolutions No. 11-77 and 30-77 regarding mandatory water rationing D. NEW BUSINESS None 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 February 27, i978 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 James Nuzum, Planning Director Richard Schacht, Police Chief Bernard Zerr, Fire Chief Ardith Davis, Deputy City Clerk A. CONSENT CALENDAR 1. Minutes of the regular meeting of February 13, 1978 2. Financial Statement, 7-1-77 to 1-31-78 (RECOMMEND APPROVAL) 3. Expenditure Report, 2-1-78 to 2-15-78 (RECOMMEND APPROVAL) 4. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) Mayor Mitchell reviewed all items on the Consent Calendar. Under Correspondence were a letter from Robert N. Tait concerning Attorney Dale C. Mitchell or Chief of Police Richard Schacht in the case of People vs Spencer and a letter from the Energy Resources Conservation and Development Commission regarding solar energy. 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. Public hearing on appeal of E. Kurt Steinmann, Architect, for Harold Biaggini from Planning Commission denial of a Conditional Use Permit to allow a motel in a P. D. Zone, 496 Embarcadero Appellant request to continue hearing to March 27, 1978 r Mr. Warden explained that the appellant was requesting the hearing be continued because he has found discrepancies in topographic infor- mation which may influence the height of the building and, also, additional geological information may be needed. MOTION: Councilman Brown moved that the hearing on this appeal be continued to March 27, 1978. The motion was seconded by Councilman Rowland and unanimously carried. 2. Hearing on annual weed abatement program Mr. Warden advised that this hearing was held each year to determine MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 27, 1978 Page Two if anyone had objections to the current weed abatement charges. As there were no comments, the hearing was closed at 7:36 p.m. C. UNFINISHED BUSINESS 1. Resolution No. 8-78 rescinding Resolutions No. 11-77 and 30-77 regarding mandatory water rationing On the request of Councilman Brown, Mr. Warden read Resolution No. 8-78 in its entirety. MOTION: Councilman Brown moved for the adoption of Resolution No. 8-78. The motion was seconded by Councilman Rowland. Councilman Shelton asked if there was any salt water intrusion into any of the wells at this time. Mr. Warden stated that actual chloride tests had not been made since the rains, but that the taste of the water hand improved dramatically. With the current saturation of the acquifer, excess water is merely running off. In all likeli- hood, this same saturation is resulting in an increase in the fresh water hydro -static pressure, thereby increasing the affect of the fresh water barrier. The motion was unanimously carried by roll call vote. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. Public Comment (a) Jay Runner asked about the widening of Kern Avenue to allow for the additional parking created by the apartments built on Pacific. Mr. Warden stated that the City is pursuing the matter as the work load allows. (b) Fay Eldridge suggested that the City publish the Council agenda so that the public could know what matters are being considered. Councilman Pipitone pointed out that the agenda is not prepared until the Thursday before the Monday night's meeting, therefore, it is impossible to print it in our weekly newspaper. It was also pointed out that publishing a document the size of the agenda would be quite expensive; the agendas are, however, available at City Hall anytime after Thursday. 2. City Council (a) Councilman Pipitone asked if Staff wanted his packet back concerning the Biaggini appeal as he would not be on the Council when the matter was again considered. Mr. Warden said yes. (b) Councilman Brown announced that he would be attending a meeting in San Francisco as President of the Channel Counties Division of the League of California Cities with regard to LAFCO. (c) Councilman Brown reviewed the Regional Commission's approval of Beatrice Marciel's application for five apartment units in Morro Bay. The Commission approved the five unit apartment building on the condition that two of the apartments be rented to low cost housing authority for a period of no less than thirty years. Other- wise, only three units would be allowed. He commented on the outrageous conditions being placed by the Regional Commission on various projects. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 27, 1978 Page Three (d) Councilman Shelton asked what the procedure was for requesting a traffic sign at a potentially dangerous intersection. Mr. Warden stated that a request to Staff would be the first step and, when the intersection was identified, the matter would be investigated by Staff and Cal Trans. (e) Mayor Mitchell discussed the possibility of obtaining funds to rehabilitate older homes within the City. He stated that he plans to introduced a gentleman who can brief the Council on this matter and Council can consider some alternative programs. (f) Mayor Mitchell asked Staff to explain what affect the Council's action in designating 0 - 4 density in the Morro Creek Valley has as far as the County is concerned, since the Council's recommendation for this area is actually outside City limits. Mr. Warden discussed the concepts of sphere of influence and stated that the County would make the final decision regarding any developments in this area, hopefully taking into consideration the Council's recommenda- tions. (g) Mayor Mitchell discussed the Jarvis Initiative and the fact that the League of California Cities is recommending that cities prepare two budgets; one to be passed if Jarvis is defeated and one to be passed if the Act becomes law. Mr. Warden advised that Staff has already started the process of preparing two budgets because of this initiative. He noted that there are many unknowns about the amendment, but did say that P_ G. & E. would benefit most from the Jarvis Initiative if it passes. (h) Mayor Mitchell commented on some correspondence he had received from the Audubon Society in Los Angeles regarding hunting in South Bay. (i) Mayor Mitchell asked what happened to the bicycle moto-cross that was supposed to be developed near the Teen Center. Mr. Warden stated that the project was supposed to be developed by volunteer personnel and, on the date set to begin the project, the only one who showed up was the Recreation Director. Also, the soil there is not suitable for this project. Del Mar Park is being considered as a possible alternative. (j) Mayor Mitchell discussed a recent Water Advisory Committee meeting where it had been decided not to recommend placing the State Water Project on the ballot for an advisory election. The Committee felt that there was enough indication from the cities in the County that they would be interested in the Project and the only unknown quantity presently is Santa Barbara County. 3. City Attorney (a) Mr. Leaage reported on the Coastal Commission Filer appeal. Councilman Brown asked how much money was to be spent on the suit. Mr. Warden stated that he does not anticipate costs for the suit going over $2500 to $3000. 4. City Administrator (a) Mr. Warden reported that there may be some problem in obtaining the official canvass after the election since the matter has to be considered by the Board of Supervisors before MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 27, 1978 Page Four being forwarded to the City Council. He would keep the Council advised of the status of this matter. (b) Mr. Warden stated that the various fire departments in the County wish to enter into a Mutual Aid Agree- ment with Morro Bay, thereby providing emergency backup. If Council has no objections, he will proceed to effectuate this agreement. Council concurred. (c) Mr. Warden stated that the State Water Resources Control Board, on request of the City, had placed the City's project back on the 1978 allocations for grant monies. Originally it had been pushed back to 1980-81. ADJOURNMENT MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Councilman Pipitone and unani- mously carried. The meeting adjourned at 8:27 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL February 13, 1978 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 January 23, 1978 2. Minutes of the executive meeting of January 23, 1978 3. Financial Statement, 7-1-77 through 12-31-77 (RECOMMEND APPROVAL) 4. Expenditure Report, 1-16-78 through 1-31-78 (RECOMMEND APPROVAL) 5. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 6. Resolution No. 6-78 authorizing the Department of General Servicesto purchase police vehicles (RECOMMEND ADOPTION) 7. Award bid for street resurfacing project (RECOMMEND BID BE AWARDED TO SULLY -MILLER CONTRACTING CO. IN THE AMOUNT OF $22,224) 8. Award bid for traffic line striping project (RECOMMEND BID BE AWARDED TO SAFETY STRIPING SERVICE, INC. IN THE AMOUNT OF $4,797.75) 9'. Transfer Voucher No. 7-8-12 to replace relief valve on La France Fire Engine (RECOMMEND AUTHORIZATION FOR TRANSFER OF $1267) B. HEARINGS, APPEARANCES AND REPORTS 1.. Appearance of Barbara Carlson, Local Agency Formation Commission regarding Spheres of Influence Program 2. Request of Morro Bay Garbage Service to increase rates - continued C. UNFINISHED BUSINESS 1. Resolution No. 7-78 designating the Peregrin Falcon as the official bird for the City of Morro Bay 2. Consideration of name for Del Mar Park D. NEW BUSINESS 1. County Schools facility in Chorro Park area 2. 911 Emergency Telephone System E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. Public Comment 2. City Council 3. City Attorney 4. City Administrator ADDED D-3 Consideration for Unemployment Insurance - new State Legislation 9 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 13, 1978 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 George Chrissakis, City Engineer James Nuzum, Planning Director Richard Schacht, Police Chief Bernard Zerr, Fire Chief Ardith Davis, Deputy City Clerk A. CONSENT CALENDAR 1. Minutes of the regular meeting of January 23, 1978 2. Minutes of the executive meeting of January 23, 1978 3. Financial Statement, 7-1-77 to 12-31-77 (RECOMMEND APPROVAL) 4. Expenditure Report, 1-16-78 to 1-31-78 (RECOMMEND APPROVAL) 5. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 6. Resolution No. 6-78 authorizing the Department of General Services to purchase police vehicles (RECOMMEND ADOPTION) 7. Award bid for street resurfacing project (RECOMMEND BID BE AWARDED TO SULLY -MILLER CONTRACTING CO. IN THE AMOUNT OF $22,224) 8. Award bid for traffic line striping project (RECOMMEND BID BE AWARDED TO SAFETY STRIPING SERVICE, INC. IN THE AMOUNT OF $4,797.75) 9. Transfer Voucher No. 7-8-12 to replace relief valve on La France Fire Engine (RECOMMEND AUTHORIZATION FOR TRANSFER OF $1267) Mayor Mitchell reviewed all items on the Consent Calendar. Under Correspondence was a letter from M. E. Willeford regarding the City's inquiry about the Justice Court for use as a Senior Citizens Center. 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. Councilman Pipitone asked that items A-7 and A-8 be considered separately. Councilman Brown amended his motion to exclude items A-7 and A-8 from approval. The amendment was accepted by Councilman Rowland and the motion was unanimously carried by roll call vote. E MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL February 13, 1978 Councilman Pipitone referred to -the amount of $1200 to be trans- ferred from the street resurfacing project to the traffic line striping project to cover the extra funds which might be needed. He asked what the contingency fund was to be used for in these projects; he was concerned that the money would be spent just because it was there. Mr. Warden assured him that the money would not be used unless it was called for and a special order made for the use of the money. MOTION: Councilman Pipitone moved for the approval of items A-7 and A-8. The motion was seconded by Councilman Brown and unanimously carried. B. HEARINGS, APPEARANCES AND REPORTS 1. Appearance of Barbara Carlson, Local Agency Formation Commission, regarding Spheres of Influence Program Barbara Carlson, Deputy Executive Officer of LAFCo, read a letter to the Council from Barney Schwartz, LAFCo Chairman, regarding the Spheres of Influence Program. Spheres of Influence is defined in the Government Code as "a plan for the probable ultimate physical boundaries and service area of a local governmental agency". Ms. Carlson pointed out that while LAFCo has no authority over land use, they are the agency which provides for services and the two are interrelated. Ms. Carlson illustrated the spheres of influence in a model city and stated that they would be working with the various cities to establish the boundaries. The presentation was for information purposes only to let the Council know what LAFCo was doing and no action was required of the Council at this time. 2. Request of Morro Bay Garbage Service to increase rates continued Mayor Mitchell stated that at the last Council meeting, Staff had been directed to investigate certain questions posed by Council with regard to the requested increase. Mr. Warden stated that he had been contacted by Mr. Wagner just this afternoon with a request to withdraw consideration of a rate increase at this time; they wish to gather additional information to present to Council. Councilman Shelton commented on the thorough job done by Staff in responding to Council questions about this matter. C. UNFINISHED BUSINESS 1. Resolution No. 7-78 designating the Peregrine Falcon as the official bird for the City of Morro Bay Mayor Mitchell commented on the fact that "Peregrin" is spelled with an "e" on the end and requested that the Resolution be corrected to indicate the correct spelling. MOTION: Councilman Brown moved that Resolution No. 7-78 be read by title only. The motion was seconded by Councilman Shelton and unanimously carried. Mr. Warden read Resolution No. 7-78 by title only. MOTION: Councilman Brown moved for the adoption of Resolution 0 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL February_13, 1978 No. 7-78 as corrected. The motion was seconded by Councilman Shelton and unanimously carried. 2. Consideration of name for Del Mar Park Mayor Mitchell stated that the Parks and Recreation Director was recommending that the property purchased in North Morro Bay for park purposes be named Del Mar Park for various reasons; people had been referring to it by that name, North Morro Bay is referred to as Del Mar, the park is contiguous to Del Mar Elementary, even if another name is selected people will still call it Del Mar Park. MOTION: Councilman Brown moved that the park in North Morro Bay near Del Mar Elementary school be named Del Mar Park. The motion was seconded by Councilman Shelton. Councilman Pipitone asked that the motion be withdrawn; he felt that other names should be considered before a final decision was made. Council members discussed the matter with the general feeling that even if another name was chosen, the park would still be called Del Mar Park. The motion was unanimously carried. D. NEW BUSINESS 1. County Schools facility in Chorro Park area Mayor Mitchell stated that Council was in receipt of a memo from the City Administrator advising that the County Schools system was constructing an educational facility across from Cuesta College. It is anticipated that the school will use approximately five acre feet of water and, in the opinion of Clint Milne, County Engineer, this will not affect Morro Bay's water supply due to the fact that the well they will be drawing from is in a different acquifer than the one affecting Morro Bay. The matter is brought to Council at this time for information purposes only, unless Council feels there are reasons to object to the use. Council members had no objections. 2. 911 Emergency Telephone System Mr. Warden stated that City staff had been working with the County in attempting to establish a 911 emergency telephone system. The City Staff was recommending the the Public Service Answering Point for the Morro Bay area be the Morro Bay Police Department as opposed to using the San Luis Obispo County Sheriff's Department. This would eliminate one transfer point and the City Police Department could transfer the calls to the various applicable agencies within the City. There was discussion on this matter with Mr. Brown stating that Mr. Kirby, who is coordinating the County's 911 system, had advised him that Federal funds would not be forthcoming unless the system was operated from a specially constructed facility so as to provide disaster communcations. Mr. Warden stated that he was not aware of this provision and Mr. Kirby had not brought it up at any of the previous discussions. MOTION: Mayor Mitchell moved that the City proceed to develop its own 911 system. The motion was seconded by Councilman MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 13, 1978 Page Four Shelton and unanimously carried. 3. Consideration for Unemployment Insurance - new State Legislation Mayor Mitchell reviewed Staff's memo regarding the new legisla- tion requiring unemployment insurance for State, local government, and domestic employees. Mr. Warden explained that the City's greatest liability exists in the Recreation Department with their part-time and contract employees. Staff is recommending that the City adopt the self-insurance method which anticipates a potential cost based on estimated turn -over within the part-time and contractor force in the Recreation Department of $7,800. It is also recommended that a 10% fee be added to the Recreation programs to help cover costs and transfer $3,500 from Unobligated Reserve into an unemployment insur- ance obligated insurance account. This, then, would comprise an unemployment insurance reserve. Council members discussed the various aspects of this legislation and the methods of insurance. MOTION: Councilman Brown moved that Council adopt the self- insurance method of unemployment insurance and impose a 10% surcharge on recreation programs. The motion was seconded by Councilman Shelton and unanimously carried. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. Public Comment (a) Faye Eldridge complained about the service from the Garbage Company in that they do not pick up garbage scattered around the streets as a result of setting the cans on the curb and dogs getting into them. (b) Howard Gaines addressed the issue of increased rates for garbage service and cited several issues that should be looked into before an increase is granted. Mayor Mitchell stated that those issues had been covered in staff's memo which had not been considered since the Garbage Service had withdrawn their request. (c) Neil Kline expressed his objections to the sewer charge on his water bill stating that he had paid for the water and sewer lines to his property before the City was incor- porated. 2. City Council Council members had nothing to report at this time. 3. City Attorney Mr. LeSage had nothing to report at this time. 4. City Administrator (a) Mr. Warden advised Council that the water wells are full to overflowing and he recommended that the man- datory water rationing resolution be rescinded, however, keep it in the files and adopt it again if the need arises. Councilman 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 13, 1978 Page Five Shelton felt that the resolution should remain in force since it encouraged conservation. There was discussion on this matter with a direction to Staff to bring a resolution to Council to rescind the mandatory water rationing program. (b) Mr. Warden advised that the Economic Opportunity Commission will be using an office in the Teen Center for EOC activities until they find permanent quarters. ADJOURNMENT MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Councilman Shelton and unani- mously carried. The meeting adjourned at 9:08 p.m. Recorded by: M. L. WARDEN, City Clerk By: wrilt�h, Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITYCOUNCIL January 9, 1978 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 December 12, 1977 2. Minutes of the executive meeting of December 12, 1977 3. Minutes of .the adjourned regular meeting of December 19, 1977 4. Financial Statement, 7-1-71 through 11-30-77 (RECOMMEND APPROVAL) 5. Expenditure Report, 12-1-77 through 12-15-77 (RECOMMEND APPROVAL) 6. Expenditure Report, 12-16-77 through 12-31-77 (RECOMMEND APPROVAL) 7. Resolution No. 1-78 approving Comprehensive Employment and Training Act of 1973 Work Site Agreement With the County;of San Luis Obispo (RECOMMEND ADOPTION) B. HEARINGS, APPEARANCES AND REPORTS 1. Report of City Administrator on -the Coastal Commission actions regarding well construction and coastal permit procedures C. UNFINISHED BUSINESS 1. Resolution No. 2-78 amending Resolution No. 78-77 re: Urban Open Space and Recreation Program grant and other considera- tions regarding Del Mar Park D. NEW BUSINESS 1. Consideration of barricading Sunset Avenue 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 January 9, 1918 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 James Nuzum, Planning 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 December 12, 1977 2. Minutes of the executive meeting of December 12, 1977 3. Minutes of the adjourned regular meeting of December 19, 1977 4. Financial Statement, 7-1-77 through 11-30-77 (RECOMMEND APPROVAL) 5. Expenditure Report, 12-1-77 through 12-15-77 (RECOMMEND APPROVAL) 6. Expenditure Report, 12-16-77 through 12-31-77 (RECOMMEND APPROVAL) 7. Resolution No. 1-78 approving Comprehensive Employment and Training Act of 1973 Work Site Agreement with the County of San Luis Obispo (RECOMMEND ADOPTION) 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 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. Report of City Administrator on the Coastal Commission actions regarding well construction and coastal permit procedures Mr. Warden reported the State Coastal Commission's decision of December 14, 1977, with regard to the "Filer" appeal. The Commission approved the twenty-three single family residences listed in the appeal and those presently in the "pipeline" as of December 14, 1977. "Pipeline" has not been defined, however, it probably means the approxi- mately 186 water equivalencies that have been applied for which takes the City though about one year of building before it is completely shut off. This moratorium will last until the City finds a supple- mental source of water. 6 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 9, 1978 Page Two There was considerable discussion on the matter and the course of action to be taken by the City at this time. If the City wishes to pursue the matter, it could be taken into the courts. Councilmen Pipitone, Brown, Rowland and Mayor Mitchell indicated that the City should pursue along these lines from the standpoint of preserving local control. Mr. Warden advised that he had been approached by an individual representing a firm applying the techniques of Mr. Stephan Riess, a hydrologist/geologist, with a proposal for developing primary water extraction. The proposal called for the firm to expend all funds, secure all permits as necessary, to provide a potable source of water subject to the City's requirements. The proposal was that the firm would perform the work necessary to find water if the City would agree to buy the water if it was developed in sufficient quantities, potability, and other conditions determined by the City. Mr. Warden stated that he and the City Attorney would pursue this proposal very carefully to see if some legal arrangement could be made with these people. Council members agreed that the issue should be looked into. Mr. Warden then reviewed the City's application before the Coastal Commission for developing a replacement well in the Chorro Valley and the conditions set by the Commission for the project. One of the conditions was that the City must hire a hydrologist/geologist to supervise the well drilling and the abandonment of the old well. The Commission Staff cited the U. S. Geological Service as the agency suggesting this condition. Mr. Warden stated that he had contacted the U.S.G.S. and they stated that they had not made such a recommenda- tion, nor would they. Individuals within the U.S.G.S. office voicing personal preferences may have indicated that it would be nice if all wells were under the supervision of a geologist/hydrologist, but that this was not necessary nor even practical. There was considerable discussion on the other conditions and the route the City should take with regard to the condition requiring hiring of a hydrologist/geologist. It was noted that a fee for this person could be between $1500 and $2500. The options were to appeal the condition to the State Commission, which could decide that the issue was not substantial enough to hear; to work through the Executive Director. to see if he would present the matter again to the Regional Commission on the basis that they based their first decision on erroneous information; or to accept the conditions. In order, however, to keep the judicial appeal process open, the appeal to the State Commission must be submitted soon in order to have exhausted all administrative remedies. MOTION: Mayor Mitchell moved that the City Administrator be directed to request that the Regional Commission Staff place the matter of well reconstruction on their agenda for reconsi- deration and, to preserve the appeal process, that an appeal also be filed at the State Commission level on the conditions for the well reconstruction. The motion was seconded by Councilman Brown and unanimously carried. C.' UNFINISHED BUSINESS 1. Resolution No. 2-78 amending Resolution No. 78-77 re: Urban Open Space and Recreation Program grant and other considerations regarding Del Mar Park 0 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL January 9, 1978 Mayor Mitchell explained that the resolution amends the previous resolution which was forwarded with the grant application so as to include assurances that the City will have enough money to maintain and operate the project, and which appoints the City Attorney as the legal counsel for the City for grant purposes. The other issue is to accept the proposed grant for $150,000 for the development of Del Mar Park which would commit the City to providing its share of $50,000. There has also been a proposal from two individuals, one of whom wishes to develop a skateboard track and, the other, racquet ball courts on the park property and who wish to lease the area for these projects from the City. Mr. Warden elaborated on the proposals. MOTION: Councilman Brown moved that Resolution No. 2-78 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 2-78 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 2-78. The motion was seconded by Councilman Rowland and unanimously carried. MOTION: Councilman Brown moved that Council accept the grant for the development of Del Mar Park and that the City Administrator be authorized to enter into the necessary agreements to accept it. The motion was seconded by Councilman Shelton and unanimously carried. Mr. LeSage requested a roll call vote since the commitment made by accepting the grant includes the expenditure of funds. The motion was unanimously carried by roll call vote. Mr. Warden stated that the Del Mar Park property is immediately contiguous to, but outside of, City limits. He asked Council if they would consider annexing the property, since it is dedicated for park purposes and, if outside City limits, the City must pay taxes on the property. Council members agreed that annexation procedures should be looked into. Council members also agreed with the concept of the skateboard track and racquet ball courts on the park property as outlined in the City Administrator's memo. It was noted that the City Attorney would review the lease documents and they would have to be brought back to the Council for approval. D. NEW BUSINESS 1. Consideration of barricading Sunset Avenue Mr. Warden stated that a property owner on Sunset Avenue had requested this action since this street is presently barricaded for a portion of its length. The request is to barricade the street at the intersection of Sunset Avenue and Hill Street. The problem is that vehicles and motorcycles use it for a "recreation" area and throw debris, etc., on the property adjoining Sunset Avenue. Staff and the Planning Commission have reviewed this item and recommended that the barricade be relocated at Hill Street. • CI MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL January 9, 1978 Comments were heard from Mr. Fink and another resident in the area affected by the nuisance and requesting that Council either barricade the street at Hill Street or open it up to through traffic. Mr. Warden explained that the street is not needed for traffic circulation in the City and opening it up would necessitate grading and maintenance of the street. MOTION: Councilman Shelton moved that the barricade on Sunset Avenue be moved to Hill Street. The motion was seconded by Councilman Brown. Mayor Mitchell felt that the City should further investigate the reasons for barricading the street at that location in the first place; he was, therefore, not in favor of the motion. The motion carried on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland and Shelton NOES: Mayor Mitchell E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. Public Comment (a) Mr. Bruce Risley inquired as to the response to his request at the last Council meeting wherein he asked for the date of the meeting at which the Council gave authorization to the City Administrator to seek amendments to the Coastal Act. His concern was that officials were spending taxpayers money to seek amendments to legislation without Council authorization. There was discussion on this matter by Council members to the effect that while specific approval of specific amendments to the Act may not have been given, the meetings attended by Mr. Warden were for discussion of the Act and how it could be improved. The Council had given general direction to the City Administrator that the Council's concerns with the application of the Coastal Act be pursued and pre- sented to the Senate Committee. The Council indicated the City Adminis- trator was following Council policy. 2. City Council (a) Councilman Pipitone stated that he had recently been to the Senior Citizens Center at the Fire Station and finds that they are extremely cramped and in need of larger quarters. He asked that Staff look into the possibility of acquiring the old Justice Court from the County for them. Mrs. Bruno, President of the Morro Bay Senior Citizens, stated that she and some other members of the Senior Citizens had met with Supervisor Willeford and he said he would look into the matter and get back to her, which he did with a definite no. Mr. Warden advised that the City had attempted to acquire this building from the County before and had been turned down, however, that had been two years ago and it would not hurt to try again. He was directed to do so. (b) Councilman Shelton stated that he had been approached by the Audubon Society with the request that the Council 9 0 MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL January 9, 1978 adopt the peregrin falcon as the City Bird. He gave various reasons for this and requested that the matter be put on the agenda for the next meeting so that the Audubon Society could make a presentation on the matter. (c) Councilman Brown stated that Ruth Woll lives in the Rancho Colina Mobile Home Park on Atascadero Road, which is outside the City limits. She informed him that she intends to approach the County Board of Supervisors with a request that the County subsidize the City's Dial -A -Ride to serve this mobile home park. Councilman Shelton asked about the San Luis Obispo/Morro Bay bus connection. Mr. Warden stated that the reason there is a hold up on the grant and the connection is that San Luis Obispo County does not, according to UMTA, have a Regional Transportation Plan. Mr. Warden also corrected Supervisor Mankins' statement that it costs $5.50 to $6.50 per person to ride the Dial -A -Ride bus in Morro Bay. It costs approximately $1.40 for the City to bus each passenger. This cost includes full maintenance and operating expenses. 3. City Attorney Mr. LeSage requested an executive session to discuss litigation. 4. City Administrator (a) Mr. Warden stated that the Morro Bay Garbage Service has requested a rate increase and the hearing date for the matter is January 23, 1978. (b) Mr. Warden brought the Council up to date on the rainfall figures and stated that while the basins are filling up, they are not yet full. Therefore, he was not recommending lifting the Mandatory Water Rationing Procedures at this time. (c) Mr. Warden stated that the remaining elements of the General Plan will be forthcoming for consideration by Council and Planning Commission by the first part of February. After these elements have been adopted, Mr. Warden suggested that the Planning Director take over this updating, maintenance, and revision. (d) Mr. Warden stated that the new Recreation Supervisor to replace Marcelle Bakula has been hired, Mr. Paul Diemel. He stated that Mr. Diemel is fully qualified and should be hired at Step 3. He requested that Council consider this and he would put the matter on the next agenda for their determination. (e) Mr. Warden advised that there has been received a request by a person or persons who are temporarily confined to wheelchairs because of injuries and are unable to get to their doctors in San Luis Obispo, for Dial -A -Ride to provide a lift bus. The Central Rehabilitation van that was transporting them is out of funds and only provides services within the City of San Luis Obispo. There was discussion among Council members about using the Dial -A -Ride bus with the wheelchair lift to transport these people, but so far it is not known how many people are involved. Staff was directed to investigate the matter and report back to Council. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 9, 1978 Page Six 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 9:16 p.m. and returned to regular session at 10:25 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 10:25 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 23, 1978, at 7:30 Shasta Avenue and and will consider Service for a rat, person -interested against, or in mo, a public hearing on Monday, January p.m. in the Morro Bay Recreation Hall, Dunes Street, Morro Bay, California, the request of Morro Bay Garbage s increase; at which said hearing any may appear and express his views for, iification of said request. DATED: January 6, 1978 DALE C. MITCHELL, Mayor City of Morro Bay, California lola��14 By: M. L. WARDEN, City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL January 23, 1978 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 January 9, 1978 2. Minutes of the executive meeting of January 9, 1978 3. Expenditure Report, 1-1-78 through 1-15-78 (RECOMMEND APPROVAL) 4. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 5. Resolution No. 3-78 approving grant of Use Permit Agreement to Morro Bay Art Association (RECOMMEND ADOPTION) 6. Resolution No. 4-78 approving grant of Use Permit Agreement to Kiwanis Club of Morro Bay -Estero for Easter Sunrise Services (RECOMMEND ADOPTION) _ 7. Bid for annual supply of liquid chlorine (RECOMMEND BID BE AWARDED TO COASTAL AG-CHEM) 8. Bid for Lila Keiser Park materials (RECOMMEND BIDS BE REJECTED AND RE -ADVERTISE FOR NEW BIDS) 9. Resolution No. 5-78 approving Joint Powers Agreement for San Luis Obispo County Area Council of Governments (RECOMMEND ADOPTION) B. HEARINGS, APPEARANCES AND REPORTS 1. Appearance of representatives of the Audubon Society regarding designation of official City bird 2. Public hearing on request of Morro Bay Garbage Service to increase rates C. UNFINISHED BUSINESS 1. Consideration of Recreation Supervisor salary classification D. NEW BUSINESS 1. Determination of lease compliance, Lease Sites No. 129W-133W, Regal Seafood 2. Consideration of bids for Harbor Rescue Boat 3. Consideration of floating docks south of the launch ramp E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. Public Comment 2. City Council 3. City Attorney 4. City Administrator• 6 • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 23, 1978 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 James Nuzum, Planning Director Richard Schacht', Police Chief Doug Stuart, Public Works Director Bernard Zerr, Fire Chief Ardith Davis, Deputy City Clerk Mayor Mitchell presented a L. J. (Dev) Devlin for his term January 1, 1974, to December 31, A. CONSENT CALENDAR Certificate of Appreciation to on the Planning Commission from 1977. 1. Minutes of the regular meeting of January 9, 1978 2. Minutes of the executive meeting of January 9, 1978 3. Expenditure Report, 1-1-78 through 1-15-78 (RECOMMEND APPROVAL) 4. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 5. Resolution No. 3-78 approving grant of Use Permit Agreement to Morro Bay Art Association (RECOMMEND ADOPTION) 6. Resolution No. 4-78 approving grant of Use Permit Agreement to Kiwanis Club of Morro Bay -Estero for Easter Sunrise Services (RECOMMEND ADOPTION) 7. Bid for annual supply of liquid chlorine (RECOMMEND BID BE AWARDED TO COASTAL AG-CHEM) 8. Bid for Lila Keiser Park materials (RECOMMEND BIDS BE REJECTED AND RE -ADVERTISE FOR NEW BIDS) 9. Resolution No. 5-78 approving Joint Powers Agreement for San Luis Obispo County Area Council of Governments (RECOMMEND ADOPTION) Mayor Mithcell reviewed all items on the Consent Calendar. Under Correspondence was information regarding unemployment compensation and the California Coastal Commission' Staff Recommendation on Designation of Coastal Areas Where Power Plants Would Be Inconsistent With Coastal Act Objectives. Councilman Brown asked several questions on the Coastal Commission information. 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. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 23, 1978 Page Two B. HEARINGS. APPEARANCES AND REPORTS 1. Appearance of representatives of the Audubon Society regarding designation of official City bird Councilman Shelton stated that he had contacted the Audubon Society about this item, however, they were not yet present. He asked that the matter be postponed to later in the agenda in case some representatives appear. 2. Public hearing on request of Morro Bay Garbage Service to increase rates Mr. Warden reviewed the Garbage Service's request for a rate increase. The Company had last had a rate adjustment in 1975 and, due to increased expenses such as increases in workman's compensation, landfill --costs, etc., they felt the need for an overall 17.5% increase. Mr. Warden stated that he had no firm recommendation for Council with regard to this requested rate increase. He noted that costs have increased since 1975 due to inflation and that the 17.5% figure was not out of line with the inflationary impact. In order to avoid any question as to the validity of the figures presented, it might be desirable to have a. Certified Public Accountant prepare an analysis of the Company's operation. At present, the City does not have the means to verify the figures presented by the Garbage. Service. Mayor Mitchell asked if comparisons had been made with regard to the increase in rates for can service versus commercial bin service. Mr. Warden said no. Councilman Pipitone asked how the increase com- pared to other cities in the County and Mr. Dowell stated that to the best of his knowledge, it compares favorably; within 250 to 50C. Mayor Mitchell declared the hearing open at 7:49 p.m. and asked if anyone had comments regarding this rate increase. Pat Wagner, representing the Morro Bay Garbage Service, reviewed some of the information being presented. Councilman Brown asked several questions with regard to Mr. Wagner's data. Jess Bolger complained about the way the Garbage Service people treat their customers. Howard Gaines felt that the Service should present a profit and loss statement before Council members even considered their request. He said that the suggestion to make a provision in the ordinance for this at the same time the increase is granted is like bribing the Garbage Service. Bruce Risely also spoke in opposition to granting the increase at this time. He felt that the Council should have more information before granting the request and that there should be more publicity, as he did not feel that enough people were aware of the request for a rate increase. Peter Andre, attorney for the Garbage Service, stated that this is only -the second time during their franchise with the City that the Garbage Service has asked for a rate increase. He felt that if an audit were required, the rate increase should be retroactive since the Service had waited quite awhile to request this increase. Mayor Mitchell reminded him that the Garbage Company chose the time to request the increase. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 23, 1978 Page Three Councilman Brown asked Mr. LeSage if, in his opinion, the Council had sufficient information upon which to base an approval or disapproval of the request. Mr. LeSage stated that the Council had before them an accounting of the Garbage Service's receipts and expen-._ ditures and it shows income as compared to expenses. He did not see how a profit and loss statement could be any more relevant to the issue of whether or not a rate increase is justified. As there were no further comments from the public, the hearing was closed and the matter returned to the Council at 8:28 p.m. There was considerable discussion among Council members as to the benefits to be derived from an audit or profit and loss statement. The merits of mandatory service were discussed with Mr. Wagner pointing out that mandatory service did not mean that there would be a decrease in rates. MOTION: Mayor Mitchell moved that the matter be continued to the next regular meeting and, in the meantime, Staff be directed to present recommendations regarding modifications of the contract to require an audit before any future increase request, that Staff make comparisions between the cost increases on home service and businesses, and that Staff make recommendations regarding mandatory service as to cost savings or other benefits. The motion was seconded by Councilman Brown. There was discussion on the issue of mandatory service with some Council members of the opinion that mandatory service should be a separate item of discussion and not included within Council delibera- tions of a rate increase. MOTION: Mayor Mitchell amended his motion to include that Staff make comparisions of the requested rate increase with other cities. The amendment was accepted by Councilman Brown and the motion was unanimously carried by roll call vote. RECESS 9:00 P.M. RECONVENED 9:17 p.m. 1. Appearance of representatives of the Audubon Society . regarding designation of official City bird Mayor Mitchell stated that the representatives of the Audubon Society are now present, so this matter will be considered at this time. Mr. Don Parham and Mr. Hiram Strong of the Audubon Society informed the Council about their organization and described the uniqueness and habits of the Paragrin Falcon and the merits of naming this bird as the City bird. MOTION: Councilman Shelton moved that Staff be directed to draw up a resolution which designates the Paragrin Falcon as the official bird of the City of Morro Bay. The motion was seconded by Mayor Mitchell and unanimously carried. UNFINISHED.BUSINESS 1. Consideration of Recreation Supervisor salary classification 9 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL January 23, 1978 Mr. Warden stated that the resolution does not allow the City Administrator to hire other than at the first step of the salary range. Council must approve any exceptions. Mr. Warden stated that Mr. Paul Deimel was hired to take Ms. Bakula's place as Recreation Supervisor and is fully qualified.for the job. Because of his qualifications, Mr. Warden was recommending that Council approve the Step 3 salary rate for Mr. Deimel. There was discussion among Council members of the merits of the step system in the salary classification. _ MOTION: Councilman Brown moved that the new Recreation Supervisor salary be adjusted to Range 23, Step 3. The motion was seconded by Councilman Rowland and unanimously carried. D. NEW BUSINESS 1. Determination of lease compliance, Lease Sites No. 129W- 133W, Regal Seafood Mr. Warden stated that there had been a violation in this lease site in that the lessee was supposed to have constructed a dock on Lease Site No. 133W in addition to making repairs on the other lease sites. The new dock has not been constructed. This deficiency came to light when Mr. Low of Regal Seafood requested permission to assign the lease. He has now, however, dropped the assignment request and requests that Council authorize him to comply with the terms of the lease. Mr. Warden stated that no damages have incurred to the City as a result of this violation in that Mr. Low has continued to pay his rent. He recommended that.Mr. Low be allowed to construct the new dock in the same time as originally allowed in the lease. MOTION: Mayor Mitchell moved that Council direct Staff to issue a letter to the lessee of Lease Sites No. 129W-133W that the condition in the lease referring to the time requirements for the construction of the dock be changed to one year from the date of said letter. The motion was seconded by Councilman Brown and unanimously carried. 2. Consideration of bids for Harbor Rescue Boat Mayor Mitchell explained that bids had been received for the harbor rescue boat and Staff was recommending that the bid be awarded to Radon Boats, Inc., even though it is the higher of the two bids, on the basis that this boat's design and ability to meet the City's needs is much higher than the other manufacturer's. The $14,958.50 purchase price of the boat is, however, within the budgeted amount. MOTION: Councilman Shelton moved that the bid for the harbor rescue boat be awarded to Radon Boats, Inc. in the amount of $14,958.50. The motion was seconded by Councilman Brown and unanimously carried. 3. Consideration of floating docks south of the launch ramp Mr. Warden reviewed the proposed plans for the dock south of the launch ramp. The EIR process had already been approved by the Planning Commission, however, they were unable to agree on a recommendation for the dock project itself. Their.final motion was to forward the pro- ject to the City Council without a recommendation. The question before the Council is whether they feel this is the place to put the docks. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 23, 1978 Page Five Mayor Mitchell read a letter from Elenor Kolb in opposition to the location of the proposed docks. Councilman Shelton asked what effect the construction of these docks would have on the tidelands area presently in litigation. Mr. Warden stated that the proposal does not encroach onto this area. Mr. Chrissakis, City Engineer, stated that although the map does not show it, the proposal does partially front the land area under contention. However, the project is for the water area only which is not at issue. Councilman Shelton felt that there were too many unanswered questions. He was of the opinion that Council policy was to build City docks at street ends; he felt that the proposed location could better be preserved for leasing to upland property owners and they could spend the money to build the docks. 'There was considerable discussion among Council members with comments from Carlos Richards, opposed to the location of the docks; Lila Keiser, George Vanderslick, Richard Palmer, and Bill Makowetski in favor of the docks. MOTION: Councilman Rowland moved that Council adopt the proposed floating docks. The motion was seconded by Mayor Mitchell. Councilman Shelton felt that the project should be examined more thoroughly in view of the fact that the Planning Commission could not come to a decision on the matter. Councilman Pipitone agreed that there were unanswered questions with regard to the project and stated that he would vote against the motion not because he was not in favor of the project, but he would like to see a more thorough investigation of the project. Mayor Mitchell felt that the Council had already decided, in the budget, to pursue this project and that they should go ahead with it. The motion carried on the following roll call vote: AYES: Councilmen Brown, Rowland and Mayor Mitchell NOES: Councilmen Pipitone and Shelton E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. Public Comment (a) Bruce Risley stated that he had been attempting to find where the Council gave authorization for the City Administrator to seek amendments to the Coastal Act. He reviewed the minutes of October 24, 1977, and November 14, 1977, where this sub- ject had been discussed and stated that he had listened to the tape recording of the meeting of November 14th, however, the tape of the October 24th meeting could not be found. He felt that it was a serious matter for the City Administrator to seek amendments to an initiative passed by the people and enacted by legislature without prior Council approval. He also stated that the people had not been properly advised that this action was going to take place. Mr. Warden responded stating that the Coastal Act, as it is now, is different than that passed by the Proposition 20 initiative. The purpose of the Nedjedly hearings was to hear viewpoints as to the manner in which the Act was being implemented and to determine any inadequacies which the Legislature could consider for correcting by 9 • MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL January 23, 1978 considering amendments. The Council had the written information presented to the the Committee's record will include. The advised as to the matters under question. been provided with a copy of Committee and that is what Council has been kept fully Councilman Pipitone indicated that Mr. Warden had acted in accordance with Council wishes; he stated that when he ran for Council, his views in opposition of the Coastal Act were very well known and he felt he had been elected on that premise and, therefore, he was acting in accordance with the way the people who elected him wished him to act. Mr. Risley recommended that Council members read the transcript of the hearings. (b) Peter Diffley, representing the Citizens Action League, stated that the Council should have a public policy with regard to the use of the Dial -A -Ride bus. Mr. Diffley stated that a candidate in the upcoming municipal election had announced that Dial -A -Ride would provide free rides on the Dial -A -Ride bus for voters wishing to get to the polls on election day. Mr. Diffley felt that this was a violation of the Fair Political Practices Act and stated that he had been so advised by a Staff member of the Commission. Mr. Diffley based his contention on the fact that public monies support the bus. He had been informed that Dial -A -Ride would keep a count on the number of passengers and the candidate would then reim- burse the City for the rides. Mr. Warden stated that Mr. Rod Pound had asked if there was any conflict with election procedures if his campaign committee purchased Dial -A -Ride tickets to provide voters rides to the polls on Election Day. Mr. Warden stated that he informed Mr. Pound that there was nothing wrong with Mr. Pound purchasing tickets which he could hand out to anyone he wanted as long as there was not electioneering near the polls. Mr. Pound was referred to Mr. Robinson at Dial -A -Ride to work out the detials. Mr. Warden stated that he had not been apprised of the "keep track of the rides and reimburse City Hall" plan and would have been totally against it if he had. The only way he would have approved of the activity is for Mr. Pound to purchase the tickets himself and give them away. Mr. Warden stated that he had contacted the Fair Political Practices Commission and they had informed him that a candidate purchasing tickets, the same way anyone else is permitted to do, is not in violation of the Act. In fact, the City could be charged with discriminatory practices if it denied him the right to do SO. Mr. Pound made some comments about the issue and stated that he had not been notified by the Citizens Action League that there was a problem. There was discussion concerning the possibility of the City providing this service on Election Day. Mr. LeSage stated that that in itself might pose some problems. Council members decided not to take any action on the matter and were satisfied that nothing illegal was being done. 2. City Council (a) Councilman Rowland asked if any actions were taking place with regard to safe access to Morro Bay Boulevard. MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL January 23, 1978 Mr. Stuart stated that the Cal Trans study is still underway with another couple of months for completion. (b) Councilman Brown stated that the problem that Camarillo is having with the Venturay LAFCO will be discussed at the February 3, 1978, quarterly meeting of the Channel Counties Division. 3. City Attorney (a) Mr. LeSage stated that since there is a final date to file a Writ of Mandate on the Coastal Commission's decision of December 14th regarding the Filer case, which in effect imposed a building moratorium on Morro Bay, he needs Council authoriza- tion if they wish to see the issue challenged in the courts. MOTION: Mayor Mitchell moved that the City Attorney be authorized to file appropriate legal documents to challenge the Coastal Commission's ruling in this matter. The motion was seconded by Councilman Pipitone. Mayor Mitchell stated that he felt very strongly that local control of City resources should be kept within the local elected legislative body. If this were not challenged, it would continue the process of erroding local government. Councilman Shelton was not in favor of the motion; he felt that the City's money and time would be better spent on seeking a supple- mental source of water. Additionally, the City Attorney had said that these cases are usually not won in the courts. The motion carried on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland and Mayor Mitchell NOES: Councilman Shelton 4. City Administrator (a) Mr. Warden asked how many Council members were going to attend the Channel Counties division meeting in Pismo Beach on February 3rd. All Council members indicated that they and their wives would attend. (b) Mr. Warden stated that the Air Pollution Control District had presented, at the Mayor's Meeting, a report on the 1977 C1ean.Air Act Amendments. Among other things is a provision that the implementation plan shall be prepared by a body of elected officials. It is recommended that the Area Planning Council be the elective body designated since it consists of elected repre- sentatives from all cities as well as the Board of Supervisors. MOTION: Mayor Mitchell moved that the Council designates the Area Planning Council as the elective body. The motion was seconded by.Councilman Brown and unanimously carried. (c) Mr. Warden reported on the unemployment insurance legislation and stated that he would be coming back to Council with recommendations on how to implement it. (d) Mr. Warden advised that February 13, 1978, is a holiday for City employees and also the next 9 4 MINUTES - MORRO.BAY CITY COUNCIL Regular Meeting January 23, 1978 Page Eight scheduled City Council meeting date. He asked that the meeting be held on February 13th, since he has to be out of town on Tuesday. Council concurred. (e) Mr. Warden reported that he had filed an appeal to the State Coastal Commission on the Regional Commission's provision for a supervising hydrologist/geologist for the construction of the City's water well. He has requested that Mr. Hetrick take the matter back before the Regional Commission based on the fact that their decision was based on erroneous information, however, he has not heard from Mr. Hetrick on the outcome of this request. Mr. Hetrick has indicated that he is probably not going to recommend that the issue be reopened at the -Regional Commission level. ADJOURNMENT MOTION: Councilman Brown moved that the meeting adjourn to executive session to discuss litigation and personnel. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting adjourned to executive session at 11:58 p.m. and returned to regular session at 12:08 a.m. MOTION: Councilman Pipitone moved that the meeting be adjourned. The.motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 12:08 a.m. RECORDED BY: M. L. WARDEN, City Clerk C "7C�G7`C A(a, By: Ardith Davis Deputy City Clerk