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HomeMy WebLinkAboutJanuary - JuneCITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING June 23, 1980, 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation - Father Buckley A. CONSENT CALENDAR A-1 Resolution 55-80, Approval of 1980-81 Budget for North Coastal Transit Authority. (RECOMMEND APPROVAL) A-2 Resolution 56-80, Public Phones Agreement. (RECOMMEND APPROVAL) A-3 Resolution 57-80, Approval of Agreement No. 5287-V with Caltrans. (RECOMMEND APPROVAL) A-4 Resolution 58-80, Award of Contract to R. Baker Incorporated for Storm Drain Projects. (RECOMMEND APPROVAL) A-5 Expenditure Report for Month of May, 1980. (RECOMMEND APPROVAL) A-6 Approval of Animal Regulation Contract. (RECOMMEND APPROVAL) A-7 Resolution No. 54-80, which would give the City the option to consolidate their election with the state's. (RECOMMEND APPROVAL) A-8 Resolution 60-80,'Approval of Bid Award for Copy Machines. (RECOMMEND APPROVAL) B. NEW BUSINESS B-1 Consideration of a Use Permit and Environmental Determination. This would allow an observation deck, wharfside and public hoist to be constructed at the Marina Street End. (RECOMMEND APPROVAL) C. UNFINISHED BUSINESS C-1 Ordinance No. 178, revising parking, driveway, and loading regulations. Second reading. C-2 Ordinance No. 179, an ordinance amending Section 15.04.150 of the Morro Bay Municipal Code Redefining Vessels of a commercial nature. First reading. C-3 Ordinance No. 180, an ordinance amending Chapter 15.32 of the Morro Bay Municipal Code to Add a New Section 15.32.020 Establishing a City Dockage Waiting List and Requirements Therefor. First reading. D. PUBLIC HEARINGS, APPEARANCES AND REPORTS D-1 8:00 P.M. NUISANCE ABATEMENT HEARING. Bob's Morro Bay Sunland Service Station located on Morro Bay. Boulevard. D-2 8:30 P.M. NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT RE: COLEMAN PARK D-3 9:00'P.M. REVENUE SHARING HEARING. D-4 9:30'P.M. BUDGET HEARING FOR OPERATING AND CAPITAL BUDGETS. 6 City Council Agenda June 23, 1980 Page 2 D. PUBLIC HEARING, APPEARANCES AND REPORTS - CONTINUED D-5 MORRO BAY GARBAGE RATE INCREASE. This item has been rescheduled for the July 14, 1980 hearing at the request of Morro Bay Garbage, Inc. D-6 NACIMIENTO - WHALE ROCK WATER EXCHANGE D-7 USE PERMIT - POP'S ROADRUNNERS SOFTBALL TEAM D-8 RECOMMENDATION FROM PARKS AND RECREATION COMMISSION REGARDING ION FROM TION COMMISSION REGARD D-10 RECOMMENDATION FROM PARKS AND RECREATION E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator REGARDING 0 MINUTES - MORRO BAY REGULAR MEETING JUNE 23, 1980, 7:30 Morro Bay Recreation CITY COUNCIL P.M. Hall The meeting was called to order by Mayor Dorn at 7:30 P.M. Al Olson, Chief of Police, led the Pledge of Allegiance. Father Buckley gave the invocation. ROLL CALL Present: Councilmen Anderson, Lemons, Mayor Dorn Absent: None STAFF PRESENT Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney John Bressan, Public Services Director Keith Gurnee, Community Development Director Tom McGonagill, Director of Administrative Services Ann McKibbin, Administrative Assistant Bonita Murray, Deputy City Clerk Al Olson, Police Chief Mary Sanders, Acting Recreation Director Bernie Zerr, Fire Chief A. CONSENT CALENDAR A-1 Resolution 55-80, Approval of 1980-81 Budget for North Coastal Transit Authority. (RECOMMEND APPROVAL) A-2 Resolution 56-80, Public Phones Agreement. (RECOMMEND APPROVAL) A-3 Resolution 57-80, Approval of Agreement No..5287-V with Caltrans. (RECOMMEND APPROVAL) A-4 Resolution 58-80, Award of Contract to R. Baker Incorporated for Storm Drain Projects. (RECOMMEND APPROVAL) A-5 Expenditure Report for Month of May, 1980. (RECOMMEND APPROVAL) A-6 Approval of Animal Regulation Contract. (RECOMMEND APPROVAL) A-7 Resolution No. 54-80, which would ive the City the option to,consol.idate their election with the States: RECOMMEND APPROVAL) A-8 Resolution 60-80, Approval of Bid Award for Copy Machines. (RECOMMEND APPROVAL) Donald F. Guluzzy read the Consent Calendar for the council members. MOTION: Councilman Lemons moved that items A-1 through A-8 of the Consent Calendar be approved. The motion was seconded by Councilman Anderson and carried unanimously by roll call vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - June 23, 1980 Page 2 NEW BUSINESS B-1 CONSIDERATION OF A USE PERMIT AND ENVIRONMENTAL DETERMINATION. This would allow an observation deck, wharfside and public hoist to be constructed at the Marina Street End. (RECOMMEND APPROVAL) Keith Gurnee gave a review of the area and the project under discussion. It is the Council's responsibility to grant a use permit for this project because it is in the PD zone and to either grant a negative declaration status for this project saying it doesn't require any environmental impact or to require an environmental impact report. Staff is recommending that the Council grant the use permit and the negative declaration status. The Planning Commission heard this and they granted the use permit for the public wharf and observation deck. The Council makes the decision to grant a use permit for the public hoist if an appropriate plan to manage the hoist could be found. The Harbor Committee has met and considered a draft of guidelines for management of the hoist that was presented by the Harbor Master, which was adopted. This will not only give the commercial fishermen a hoist that they need, but it will attract tourists and create additional business for the City. Several people from the community opposed the site of this hoist --Dale Mitchell, Wes Jackson, Norman Knowles, Bertha Tyler and others --because of the potential traffic impacts and possible oil spills from hoisting enginesat this location which could pollute the water and harm the fish aquarium that is located next to this proposed hoist. Wes Jackson felt that it wasn't right to unload fish at this point since other companies in the area pay the City for this privilege. Those in favor of the proposal who spoke at this meeting were Ron Baker, Curt Smith, Ed Ewing, Bob White, Jim Matala, Paul Deason, Ted Manard and others from the'community. These individuals stressed the need for a hoist in this area. It would increase the tourist trade, and oil spills won't be much of a problem since only one to two engines would need to be hoisted per.month. This proposed hoist would be away from the slips and easily accessible for the fishermen. Fishermen are also fined for any oil spills; therefore, they are very careful in this regard. Steve Hamilton of the Coast Guard mentioned that oil spills in Morro Bay were minimal. This is a very clean bay and the average fisherman runs a clean operation. He suggested that a tarp can be put down between the boat and dock while the engine or equipment is being hoisted from the boat to the dock. This would eliminate any possibility of oil ' accidentally spilling in the bay. Councilman Rodger Anderson said he is in favor of a hoist to be used legally according to the law. However, he would like to be in the best possible place. He suggested a city leased site, 50 and 50W, that have never been used for anything. This is located next to the Tidelands litigation agreement. He stressed that we do need a hoist and it is not a last ditch effort. If a new site is proposed, we can apply for another grant. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - June 23, 1980 Page 3 Keith Gurnee said the Council either have to approve the public hoist and wharf or you have to deny this and reapply for another grant at some future date whenever the grants are opened up for bid again. This wouldn't be until October. Keith(v also read the nine rules for operation and management of the hoist that were approved by the Harbor Advisory Committee. He also stated that least sites 50 and 50=W at the north end of the proposed Tidelands Park project were too small and narrow for a workable dock and hoist. Keith mentioned that we won't know if the grants will be accepted until the second week in August. MOTION: Councilman Lemons moved that the Council grant a•use permit for the observation deck, wharfside and public hoist to be constructed at the Marina Street End, grant a negative declaration status to the project, and advise the Harbor Advisory Board to study the possibility of other sites for placement of a public hoist, including lease sites 50 and 5OW and report back to Council on the feasibility of this. The motion was seconded by Councilman Anderson and carried unanimously by roll call vote. C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 178, REVISING PARKING, DRIVEWAY AND LOADING REGULATIONS. Second Reading. Keith Gurnee went over the regulations as they now stand; a studio apartment requires one parking space per unit; one or more bedrooms requires 1.5 parking spaces per unit. Councilman Lemons was concerned about the mechanics of when an elderly housing development were to be changed to another use. Keith Gurnee stated that to convert an elderly housing development into another use would require a use permit. MOTION: Councilman Anderson moved that Ordinance No. 178, revising parking, driveway and loading regulations on the second reading be approved. Councilman Lemons seconded this and it was passed unanimously by roll call vote and so ordered. C-2 ORDINANCE NO. 179, AN ORDINANCE AMENDING SECTION 15.04.150 OF THE MORRO BAY MUNICIPAL CODE REDEFINING VESSELS OF A COMMERCIAL NATURE. First Reading. Considerable discussion on this ordinance was given by members of the community --Geroge Snyder, Albert C. Molster (who submitted a written statement for the record), Clyde McNair, Hank Adams, Ron Baker, Jim Matlow, Mary Garrison, and Gerald MacSpadden. The main comments given were (1) the smaller fishermen who.actually live in the community should be given preference as they are supporting the community; (2) they did not feel a monetary value gave a fair representation since there are various factors which can interfere with a good year of fishing; (3) the $10,000 minimum was questioned because people with fixed incomes may not be able trrmake this amount but still be MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - June 23, 1980 Page 4 self-sufficient; (4) some were in favor of the $10,000 minimum since it was felt anything less than this amount usually means you are not solvent after all expenses are considered; (5) it was suggested that side -ties could be used as an alternative to slips. Councilman Lemons felt that new criteria should be established to define a commercial vessel. MOTION: Councilman Anderson moved that staff work out new require- ments defining a commercial vessel and report back to Council at the August 25 meeting. This was seconded by Councilman Lemons and unanimously passed. There was considerable discussion on the need for additional slips. MOTION: Councilman Lemons moved that the City build the slips with monies already in the budget, which are needed. Mayor Dorn seconded the motion and it was so carried on a roll call vote. C-3 ORDINANCE NO. 180, AN ORDINANCE AMENDING CHAPTER 15.32 OF THE MORRO BAY MUNICIPAL CODE TO ADD A NEW SECTION 15.32.020 ESTABLISHING A CITY DOCKAGE WAITING LIST AND•REQUIREMENTS THEREOF. First Reading. Even though Councilman Lemons did not have any objections to this ordinance, he felt it should not be passed until Ordinance No. 179 has been approved. This was agreed upon by all present. D. PUBLIC HEARINGS, APPEARANCES AND REPORTS D-1 NUISANCE ABATEMENT HEARING, BOB'S MORRO BAY SUNLAND SERVICE STATION LOCATED ON MORRO BAY BOULEVARD. Keith Gurnee recommended to Council that this matter be rescheduled to the first meeting in July, which the Council agreed on. D-2 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT RE: COLEMAN PARK. John Bressan said this was a routine request in that staff is asking Council to declare a negative declaration on the wind blown sand in the area and a buffer zone of 40 feet to the north and 35 feet to the west as a negative impact on the environment. This has been done twice in 1977 when permits were received from the State Lands Commission. John went over the proposal and all the effects it will have. If this is not done, we will lose one of the parks within the City. Lila Keiser said a lot of people use this park and enjoy it. Since the City has spent a lot of money on this park, she would hate to see it wasted. MOTION: Councilman Lemons moved that Resolution No. 59-80 granting a negative declaration on Coleman Park be approved. The motion was seconded by Councilman Anderson. • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - June 23, 1980 Page 5 D-3 REVENUE SHARING HEARING. Don Guluzzy mentioned that this hearing is required by federal law. We held a hearing on the only money we are anticipating receiving in 1980-81, which is $34,500. Staff proposes to use this money, as it has been used in the last three years, in the Capital Project - Wastewater Treatment Plant. MOTION: Councilman Lemons moved that the $34,500 in revenue sharing funds be put in the Capital Improvement Budget for the Wastewater Treatment Plant. This motion was seconded by Councilman Anderson and so carried by roll call vote. D-4 BUDGET HEARING FOR OPERATING AND CAPITAL BUDGETS. Don Guluzzy highlighted the changes in the budget. It is now up to Council to make the determination of cutting, adding and approving of the budgets. Tom McGonagill stressed the importance of passing a budget now so staff can establish a chart of accounts for this fiscal year with Alexander Grant, an accounting firm. Mayor Dorn asked if we could proceed with last year's budget until the full Council is on -board. Mike LeSage stated that Council would then have to approve all expenditures at'each meeting as if we didn't have a budget. However, Council can,always approve a budget and then change it• at a future date. Councilman Lemons said although he supported the street overlay.program, he also felt the Police Ch'ief's request for a sergeant was important since we are understaffed in this area. MOTION: Councilman Lemons moved that $17,500 be taken out of the street overlay program and added to the Police Department's budget for the addition of a sergeant. This was seconded by Councilman Anderson and carried unanimously by roll call vote. Mrs..Hermenia Ward gave a brief summary_of the Police Ride -Along Program. The usual supervisory personnel are 2.7 officers per 1,000 population. Morro Bay has 1.65 per 1,000 population so we are drastically understaffed. MOTION: Councilman Lemons moved for the adoption of the Operating Budget as modified with the exception that it be adopted for 1980-81 with the Council's intention to carry it forward in the following year. Mayor Dorn seconded the motion and it was carried unanimously by roll call vote. Mayor Dorn and Councilman Lemons both mentioned they like the idea of projecting the needs of the City for two years. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - June 23, 1980 Page 6 MOTION: Councilman Lemons recommended adoption of Resolution 61-80, Capital Budget. Councilman Anderson seconded the motion and it was carried unanimously on a roll call vote. Councilman Anderson said he felt the entire staff deserves a lot of credit for putting these budgets together. D-5 MORRO BAY GARBAGE RATE INCREASE This item has been rescheduled for the July 14, 1980 hearing at the request of Morro Bay Garbage, Inc. D-6 NACIMIENTO--WHALE ROCK WATER EXCHANGE Mike LeSage said the Whale Rock Commission found the draft as submitted unequitable. They had no intention of adopting or approving this prior to the vote. Mr. LeSage said Council could take the position that they approve the general concept of the agreement and then further request the Whale Rock staff to clarify it. Councilman Lemons felt any reply should be directed to the engineer. He felt it would be sufficient to say that we approve of it. MOTION: Councilman Lemons moved that staff write a letter to the County engineer saying we approve this memo of understanding. The motion was seconded by Councilman Anderson and carried unanimously on a rall call vote. D-7 USE PERMIT - POP'S ROADRUNNERS SOFTBALL TEAM. Don Guluzzy stated that Pop's Roadrunners were requesting a use permit to use Keiser Softball Field for a benefit to raise money for the Chris Jefferson School for the Handicap. Staff recommends approval. MOTION: Councilman Lemons moved to approve the use permit for Pop's Roadrunners. The motion was seconded by Councilman Anderson and so carried.' D-8 RECOMMENDATION FROM PARKS AND RECREATION COMMISSION REGARDING THE RECOMBINATION OF THE PARKS AND RECREATION DEPARTMENTS. This was a recommendation to give staff direction in the hiring of a permanent director, which Council has already done at their budget hearing on June 21, 1980. Therefore, this item has been resolved. D-9 RECOMMENDATION FROM PARKS AND RECREATION COMMISSION REGARDING THE ENTERPRISE ACCOUNT Don Guluzzy stated this is a request that Council consider establishing an Enterprise Account so that money generated by the programs can be earmarked back to that specific program' .The Commission feels this will add to the growth of the programs. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - June 23, 1980 Page 7 Mary Sanders stated it is a lot easier to continue a program which can't pay for itself right away. This will also allow a better accountability of the programs. Councilman Lemons requested the staff to report back on this item in four to six weeks. D-10 RECOMMENDATION FROM PARKS AND RECREATION COMMISSION REGARDING PARKS AND RECREATION COMMISSIONER AND EX-OFFICIO COMMISSIONER VACANCIES. Don Guluzzy stated that the present ordinance states a member of Council will serve as liaison between Council and the Commission. Mayor Dorn suggested that any decision be postponed until after the July 22 Special Election in order for there to be a full Council. E. INDIVIDUAL DETERMINATION AND/OR ACTION Don Guluzzy outlined the problems staff has had on the two administrative cars. At the last meeting, the first bid was rejected and given to the second lowest bidder. However, this bidder could not deliver the cars. Staff requested the authorization to renegotiate the bids. Councilman Lemons felt new bids- should be requested. MOTION: Councilman Anderson moved that we reject the last bid for two administrative cars and ask for re -bids. This was seconded by Councilman Lemons and passed unanimously. The business on the agenda having been completed, the meeting adjourned to.executive session at 11:50 P.M. Recorded by: DONALD F. GULUZZY City Clerk b/y,�9�GCQJ Bonita Murray Deputy City Clerk To the Mayor, City Council, to whom it may concern, ladies and gentlemen: I am Albert C. Moltzer with residence in the vicinity of Creston the County of San Luis Obispo my wife and I are the owners of the commercial fishing vessel Phyllis since 1963 prior to that we owned a smaller vessel Lyla May since 19u9. We have used these vessels in the commercial fishery and specialized only in albacore fishing. There hasn't been a year since 190 that we haven't fished our boat during albacore season. On occasion we fished commercially for bottom fish as well as salmon. Our commercial fishing license with reference to boat registration is current and my wife and I each carry a current fishing license with salmon stamp endorsements and permits. The Phyllis is a documented vessel and is considered by the United States to be in conformity to Title L regulation of vessels in domestic commerce, of the revised statutes of the United States and is licensed to engage in mackerel fishery i.e. a commercial fishing vessel and recognized as such by the United States Government, Treasury Department, Bureau of Customs, the U S Coast Guard and the U S Public Health Service. Whether -or -not she's engaged in nothing other than during the albacore season she is still an active commercial fishing vessel and not deadwood as some would like to claim it to be. My wife and I do not like the proposed Ordinance that the City of Morro Bay is trying to formulate using yearly monetary earnings or value or fuel receipts as a criterion of renting a city slip. The dollar value should be entirely eliminated the propsal of such an Ordinance if enacted would be discrimintory and could favor a certain few in Morro Bay that are trying very hard to have such an Ordinance enacted. I might refer you to Chapter 79 which is an act to amend Section 1 of Chapter 1076 of the statutes of 1947, relating to tidelands and submerged lands to San Luis Obispo County with special references to Morro Bay by the State of California. As to fish receipts, fuel receipts, whatever you may be re- minded of Publ 1C Law 93-579 Authority U.S. Code Title 5 Section 301 stipulating the Privacy Act wit regard to personal information be diseminated without the consent of the person involved regarding his business such as earnings, fish receipts or fuel receipts as a criterion unless volunteered by the person concerned. In our free enterprise system it is nobody's business how we make our liv®lihood so long as it is legal and in so far as our ventures are concerned our boat is one of the tools that I use to be a part of that livelihood. I would like to sug gest txxgmxx that the City Attorney carefully the formulation of this proposed new Ordinance in regards to its impact, fairness and the constitutionalityof such a propsal as discussed DtJtLne 9th meeting it appears to me that it is a can of worms. With reference to commercial boats leavinZ/the harbor by going elsewhere to conduct their business is a matter o£l�,��sspp�e��c�ulationawhether-or-not fish is being sold in Morro Bay rather than elsewhere depends�onomics.tThe skipper generally takes his catch to the buyer that pays the highest price. ARxtexxiipx With referen a to rentals if no slips are available at the timesit mregaii+edet the boat owner`�pe Isis name on the waiting list& this practice is adhered to up and down the coast without exception ' T e only solution to aleviate the nx,.xarr.a presurre for the demand of slips is to�ore slips wherever possible by the City of Morro Bay, and keep in reserve 3 or b slips that could be used for general maintenance on a temporary basis.emxxKafmxit3,yxetzxmxtmxx2Eximaxax"Lyxjmj sued with hoists, etc. Thank you very much: MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - June 9, 1980 Recreation Hall, 7:30 P.M. Mayor Warren M. Dorn called the meeting to order at 7:30 P.M. Al Olson, Chief of Police, led the pledge of allegiance. ROLL CALL PRESENT: Rodger Anderson, Councilman Warren M. Dorn, Mayor John Lemons, Councilman ABSENT: None STAFF: Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney Al Olson, Chief of Police Ann McKibbin, Administrative Assistant John Bressan, Director of Public works Mary Sanders, Acting Recreation Director Keith Gurnee, Community Development Director Tom McGonagill, Director of Administrative Services Bonita Murray, Deputy City Clerk A. CONSENT CALENDAR A-1 Rejection of bids for copying equipment,. Bids received for purchase of two photocopy machines were significantly higher than budgeted. Staff to review specifications and call for new bids. (RECOMMEND REJECTION AND REBID) A-2 Approval of Amendment No. 2 to Agreement for Cross -Connection Control Services between Water Purveyors and the County Health Department. (RECOMMEND APPROVAL) A-3 Negative Declaration Grant for sand removal from Coleman Park. (RECOMMEND APPROVAL) A-4 Minutes of council meetings on May 12, May 21 and May 27, 1980. (RECOMMEND APPROVAL) Donald Guluzzy read the Consent Calendar to the Council members present. Item A-3 has been rescheduled for a later meeting. MOTION: Councilman Anderson moved that the Consent Calendar be approved with the deletion of Item A-3, which has been rescheduled. This was seconded by Councilman Lemons and carried unanimously on a roll call vote. B. UNFINISHED BUSINESS None. C. NEW BUSINESS C-1 ORDINANCE NO. 178, REVISING PARKING, DRIVEWAY AND LOADING REGULATIONS. First Reading. 1] MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL - June 9, 1980 Keith Gurnee gave a brief background on the major items in this ordinance. This establishes guidelines for uniform parking spaces, landscaping and visibility in parking lots and minor exceptions allowed by staff permit. Councilman Lemons asked if the parking requirements for a commercial establishment included required parking spaces for its employees? Mr. Gurnee stated that the new standards were based on one parking space for each 200 square feet, which is what most planning guidelines follow. The current requirement is two per establishment. Councilman Lemons asked if bicycle facilities are not needed for every commercial establishment and asked how this was handled. Mr. Gurnee stated that this is where the staff exceptions would come into use. Councilman Anderson questioned the appeal process. Mr. Gurnee stated that an individual has the right to appeal to the Planning Commission and if not satisfied, they may appeal their case to the City Council. MOTION: Councilman Lemons moved that Ordinance No. 178 be read by title only. This was seconded by Councilman Anderson and so carried. Don Guluzzy read Ordinance No. 178 by title - Chapter 17.44, Parking, Driveway and Loading Facilities. MOTION: Councilman Lemons moved that Ordinance No. 178 be approved and set for second reading. This was seconded by Councilman Anderson and carried unanimously by roll call vote. C-2 ORDINANCE NO. 179, AN ORDINANCE AMENDING SECTION 15.04.150 OF THE MORRO BAY MUNICIPAL CODE REDEFINING VESSELS OF A COMMERCIAL NATURE. First Reading. Keith Gurnee said this proposed ordinance is a result of work by the Harbor Advisory Committee and the commercial fishermen to develop a working definition of.a commercial vessel. A minimum figure of $10,Ob0 gross income in the previous calendar year as evidenced by Department of Fish and Game Tickets was proposed. Several concerned.citizens from the community spoke out against this proposed ordinance (David Birch, Norman Knowles, Benjamin Howell, R. D. Folsom, Bob White, Hank Adams, Bob Garrison, Fred Sears and others). They all felt that the ordinance does not take into consideration those individuals who are retired and only need a small income to supplement their base figure; there- fore, they may not make the minimum requirement of $10,000. Another item of concern was the use of the Department of Fish and • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - June 9, 1980 Page Three Game tickets to verify the $10,000 amount required to meet the definition of a commercial vessel. Several individuals felt this wasn't legal and that it was an invasion of privacy. Since there was considerable disagreement on this ordinance and the effects that it would have, Mayor Dorn recommended that this matter be held over for further discussion. This was agreed upon by all present. C-3 ORDINANCE NO. 180, AN ORDINANCE AMENDING CHAPTER 15.32 OF THE MORRO BAY MUNICIPAL CODE TO ADD A NEW SECTION 15.32.020 ESTABLISHING A CITY DOCKAGE WAITING LIST AND REQUIREMENTS THEREFOR. First reading. . This ordinance would depend on the preceeding Ordinance No. 179 for clarification, Mayor Dorn recommended that this ordinance be postponed until such time as Ordinance No. 179 is heard again. This was agreed upon by all present. C-4 APPLICATION TO FILE LATE CLAIM AGAINST THE CITY BY WILLIAM M. ZUBER. (STAFF RECOMMENDS DENIAL) Michael LeSage stated this is an application to file a late claim and it involves two minors and one adult. As to the two minors, the law would allow the applications but would deny it on the part of the adult. MOTION: Councilman Lemons moved that in accordance with the City Attorney's recommendation, the Council deny the application to file a late claim on the part of the adult and permit a late claim on the part of the minors. This was seconded by Councilman Anderson and carried unanimously by roll call vote. C-5 NUISANCE ABATEMENT: COUNCIL TO SET A DATE FOR AN ABATEMENT OF NUISANCE HEARING FOR BOB'S MORRO BAY SUNLAND SERVICE STATION, MORRO BAY BOULEVARD. Keith Gurnee stated that this is a result of numerous attempts to have this station cleaned up. The Planning Department has had trouble in bringing this in line with the Municipal Code. He suggested that we hold an abatement hearing on this at the next meeting, June 23. MOTION: Councilman Lemons moved that we set an abatement hearing for Bob's Morro Bay Sunland Service Station for June 23, 1980. This was seconded by Councilman Anderson and carried unanimously by roll call vote. D. HEARINGS', APPEARANCES W REPORTS MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL - June 9, 1980 D-1 8:30 P.M., STATUS REPORT FROM CONSULTING ENGINEERS. Don Guluzzy stated that the City has been involved in an engineering project for upgrading the Wastewater Treatment Plant. The City has obtained the firm of Brown and Caldwell to conduct and set to engineering design the outfall, which is tied to the plant for disposal. Representatives of Brown and Caldwell are present to give a status report on the Wastewater Treatment Plant. Dr. David Caldwell, Chairman of the Board - Brown and Caldwell, introduced the members of his staff that are working on this project. Mike Hoover is the director of the project; Tom Sheahan will handle the water management portion of the project; Louie Yu will be in charge of the wastewater design of the plant. Mr. Caldwell stated that they were attending strictly as an informational source and no decisions would be involved at this time. Each individual gave a brief report of his area of responsibility. Tom Sheahan stated that the major task is in the final process of formulating their recommendations, which should be completed by June 30. He requested that the Council set a time in July from Brown and Caldwell to make a presentation of their plans and recommendations. D-2 9:15 P.M., 1980-81 BUDGET., Don Guluzzy gave a brief overview of'the budget for fiscal years 1980-82. A study session will be held on June 14, 1980 from 9:00 AM to 1:00 P.M. on this matter. D-3 9:45 P.M., HEARING ON ORGANIZATIONAL STRUCTURE FOR MUNICIPAL PARKS AND RECREATION FUNCTIONS. Don Guluzzy stated that a public hearing on the parks and recreation function will be heard tonight as requested by the Council. Dr. Robert Meyers, who is an expert in the parks and recreation field, felt that the function for this department should be combined and handled under one department. This would prevent duplication and overlapping of services and will foster efficiency. Mr. Lee, professor of Recreation at Cal Poly, spoke on behalf of the combination of the parks and recreation department. According to research, the best services were given when the departments were combined. He stated that there is usually (1) better cooperation, (2) less controversy, (3) comprehensive programs, and (4) conducive to more economic administrative services. Don Guluzzy stated that the functions of the department were split about a year ago because we are such a small city. Since this has been done','there have been no complaints from the public. • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - June 9, 1980 Page Five Lila Keiser felt that participation in the recreation programs sould come from all age groups. One possibility she suggested was to have a free class for kids since some parents can't afford the $5 per child, especially when they have three or more kids. Mayor Dorn felt that this matter should be discussed during the budget session and suggested that it be postponed until the workshop session on Saturday. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 Michael LeSage stated that Ray Gallo has requested an opportunity to meet with the Council and discuss the T-Pier matter. He has been served with notice on rent. This can be handled on Saturday morning before the Budget Workshop Meeting at 8:00 A.M. This was agreed to by all present. E-2 BEACH STREET BLUFF STABILIZATION PROGRAM. Don Guluzzy said that the stabilization being conducted has been stopped at the request of staff. John Bressan, Director of Public Works, will give a report on this project. John Bressan stated that due to the fact that there have been some engineering calculations that were in error on the part of our City Engineer and because of the fact that the stabilization presently being constructed would not be totally acceptable to the City in terms of long term stabilization, the staff recommends that from an economic and aesthetic point of view that Council recommend a•; Change Order and authorize an additional $5,500 for the change order. This will correct the error in calculations. MOTION: Councilman Lemons moved that we approve staff's recommendation of a Change Order (#2B). This was seconded by Councilman`Andersoh and carried unanimously by roll call vote. E-3 CONTRACT AMENDMENT WITH COMMUNITY TRANSIT SERVICES INC. Staff recommends a contract amendment with Community Transit Services, Inc. for the Morro Bay -Cambria run, which will continue the financing for the program for another fiscal year. Mr. Ford needs this indication from Council so he will not have to lay-off any employees. We do have a 30 day cancellation clause in our contract, which we may wish to exercise after our budget presentation to the Council. MOTION: Councilman Anderson moved that we adopt the contract amendment with Community Transit Services, Inc. This was seconded by Councilman Lemons and carried unanimously by roll call vote. • • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - June 9, 1980 Page Six E-4 ADMINISTRATIVE CAR BIDS. Council had approved a bid for two administrative cars, but there is now a problem with the vendor. The vendor can only meet one-half of the bid - one standard shift vehicle. However, he can provide us with an alternative - a hydromatic - which would change the bid. Staff recommends that since they cannot meet the bid that we go with the second lowest bidder - Pete Johnson Chevrolet in Paso Robles. This would uphold the integrity of the bidding process. MOTION: Councilman Lemons moved that we reject the low bid on the two administrative cars since the vendor cannot now meet the bid requirements and award the bid to Pete Johnson Chevrolet. This was seconded by Councilman Anderson and so carried by roll call vote. E-5 Councilman Lemons brought up the Memorandum of Understanding with the Whalerock Commission. If the bond issue is approved, then the parties to this memo agree to agree on the points mentioned in the letter. We will trade a gallon of Whalerock water delivered to transmission facilities in lieu of building a new pipeline to here. MOTION: Councilman Lemons moved that the City Attorney review this and report back to the Council at the next meeting. This:was seconded by Councilman Anderson and carried unanimously by roll call vote. E-6 Don Guluzzy stated that he had received Keith Gurnee's resignation, which will be effective September 15, 1980. It will be on file. MOTION: Mayor Dorn moved that the meeting be adjourned since there was no further business. This was seconded by Councilman Anderson and so carried. The meeting was adjourned at 11:40 P.M. Respectfully submitted, DONALD F. GULUZZY, City Clerk An�j��- by Bonita Murray, Deputy City Clerk C CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING May 27, 1980, 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation A. CONSENT CALENDAR A-1 Use Permit Agreement with Morro Bay Lions Club for Oyster Shucking & Eating Contest on 4th of July. (RECOMMEND APPROVAL) A-2 Use Permit Agreement with Morro Bay Chamber of Commerce for various activities on 4th of July. (RECOMMEND - APPROVAL) . A-3 Expenditure Report for April 1, 1980 through April 30, 1980. (RECOMMEND APPROVAL) A-4 Resolution No. 47-80, awarding contract for South Bay Boulevard Resurfacing to R. Burke Corporation. Bid amount is $34,993.50. (RECOMMEND APPROVAL) A-5 Resolution No. 48-80, opposing elimination of the Law Enforcement Assistance Administration (LEAA). (RECOMMEND APPROVAL) A-6 Resolution No. 49-80, awarding contract for weed abatement to Dave Fox Construction. Bid amount is $28.00 per hour. (RECOMMEND APPROVAL) A-7 Resolution No. 51-80, awarding contract for purchase of two automobiles to Kimball Motors for Chevrolet Chevette autos at $4,425.30 each for a total of $8,850.60. (RECOMMEND APPROVAL) A-8 Application for SB620, Discretionary Funds in the amount of $100,000. Council will approve and direct staff to submit application for funds for the con- struction of a bus maintenance facility. (RECOMMEND APPROVAL) A-9 Resolution No. 50-80, opposing legislation regarding mobilehomes on residential properties. SB1887 (Speraw) and SB1960 (Rains) would require local governments to allow mobile - homes to be placed on any residential property. (RECOMMEND APPROVAL)_- A-10 Minutes'of April 28, 1980 council meeting. (RECOMMEND APPROVAL) A-11 Report and recommendation regarding termite inspection and control measures for City buildings. (RECOMMEND APPROVAL) B. UNFINISHED BUSINESS None City Council Agenda May 27, 1980 Page 2 C. NEW BUSINESS C-1 Resolution No. 52-80 resolution establishing appropriations limit for fiscal year 1980-81. D. HEARINGS, APPEARANCES, AND REPORTS None E. INDIVIDUAL DETEP14INATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING MAY 27, 1980, 7:30 P.M. Morro Bay Recreation Hall The meeting was called to order by Mayor Dorn at 7:30 p.m. Al Olson, Police Chief, led the Pledge of Allegiance. ROLL CALL Present: Councilmen Anderson, Lemons and Mayor Dorn Absent: None STAFF PRESENT Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney Tom McGonagill, Director of Administrative Services John Bressan, Public Services Director William George, Building Inspector Al Olson, Police Chief Kathleen T. Michel, Acting Deputy City Clerk A. CONSENT CALENDAR A-1 Use Permit Agreement with Morro Bay Lions Club for Oyster Shucking & Eating Contest on the 4th of July. (RECOMMEND APPROVAL) A2 Use Permit Agreement with Morro Bay Chamber of Commerce for various activities on the 4th of July. (RECOMMEND APPROVAL) A-3 Expenditure Report for April 1, 1980 through April 30, 1980. (RECOMMEND APPROVAL) A-4 Resolution No. 47-80, awarding contract for South Bay Boulevard Resurfacing to R. Burke Corporation. Bid amount is $34,993.50. (RECOMMEND APPROVAL) A-5 Resolution No. 48-80, opposing elimination of the Law Enforcement Assistance Administration (LEAA). (RECOMMEND APPROVAL) A-6 Resolution No. 49-80, awarding contract for weed abatement to Dave Fox Construction. Bid amount is $28.00,per hour. (RECOMMEND APPROVAL) A-7 Resolution No. 5]-80, awarding contract for purchase of two automobiles to Kimball Motors for Chevrolet Chevette autos at $4,425.30 each for a total of $8,850.60. (RECOMMEND APPROVAL) A-8 Application for SB620, Discretionary Funds in the amount of $100,000. Council will approve and direct staff to submit application for funds for the con- struction of a bus maintenance facility. (RECOMMEND APPROVAL) • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 27, 1980 Page 2 A-9 Resolution No. 50-80, opposing legislation regarding mobilehomes on residential properties. SB1887 (Speraw) and SB1960 (Rains) would require local governments to allow mobilehomes to be placed on any residential property. (RECOMMEND APPROVAL) A-10 Minutes of April 28, 1980 council meeting. (RECOMMEND APPROVAL) A-11 Report and recommendation regarding termite inspection and control measures for City buildings. (RECOMMEND APPROVAL) Mayor Dorn reviewed the Consent Calendar. Mr. Guluzzy requested that Item A-11 be deleted from the agenda. There was adequate money in the maintenance budget and council action was not needed on this item. Councilman Lemons pointed out corrections needed in the council minutes (A-10) on pages 9 and 14. Councilman Lemons asked for an explantion of the logic " behind the recommendation of change orders for 30% of the contract amount for Item A-4. John Bressan explained that the engineer's estimate had been prepared some time ago and bids had come in considerably lower than anticipated and it would behoove the City to negotiate for additional work up to the budgeted amount. To go to bid for the additional work would mean redoing a portion of the work done under this contract. Councilmembers asked for an explanation of the grant application under A-8. Mr. Guluzzy explained that the City was applying for grant money from two different sources in the hope that one application would be successful. Mayor Dorn indicated .that he,had questions about A-9 and asked for an explanation of the item.' William George, Building Inspector, explained that the proposed legislation would allow mobilehomes to be' -placed anywhere -within a city. He pointed out that the state had in the past set standards for mobilehome construction but had been preempted by HUD. He felt it would be unfair to allow housing of a lower construction standard to be intermixed with conventionally constructed housing which must meet rigid state standards. The only control cities had over mobilehomes was in deciding where they could be placed, such as limiting them to mobilehome parks. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 27, 1980 Page 3 Mr. Guluzzy explained that a compromise bill was being supported by local agencies. Mrs. Ruth Shadaker, 660 Shasta, spoke about her experience in living in mobilehomes and her objection to limiting them to mobilehome parks. She felt that mobilehome owners were subject to much harrassment by cities. Howard Hayes asked the council not to oppose the bills. He felt housing was a matter which should be decided by the people. He was concerned that it might affect property values. Mr. George pointed out that the alternate bill, AB 2698 would allow mobilehomes in areas of similar property values rather than anywhere and everywhere. MOTION: Councilman Lemons moved that consent calendar items A-1 through A10 be approved. The motion was seconded by Councilman Anderson and carried unanimously by roll call vote. B. UNFINISHED BUSINESS None. C. Resolution No. 52-80, resolution establishing,appropria- tions limit for fiscal year-1980-81. Mr. Guluzzy explained that Proposition 4 had.placed certain 'limits on city budgets. The resolution offered was the result of some complicated calculations which would place the City in compliance with the lAw and allow it to operate smoothly through the fiscal year without constantly readjusting the budget. It would establish a spending limit for the City which, of course, would be further limited by actual revenue available. Mr. MCGonagill explained that the resolution was the City's means of complying with the law as recommended by the League of California Cities. Mr. Hayes asked some questions about reserves which caused the City to be penalized in the past. Mr. Guluzzy explained that capital reserves were no longer called reserves. They were now appropriated for a specific purpose. MOTION: Councilman Lemons moved that Resolution No. 52-80 be read by title only. The motion was seconded by Councilman Anderson and carried unanimously. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 27, 1980 Page 4 MOTION: Councilman Lemons moved that Resolution No. 52-80 be approved. The motion was seconded by Councilman Anderson and carried on.a roll call vote. D. HEARINGS, APPEARANCES, AND REPORTS None E. INDIVIDUAL DETERMINATION AND/OR ACTION E1 City Council Mayor Dorn reported that he and Bob Meyers had met with Russell Cahill, State Director of Parks & Recreation. He reported that they discussed the status of the sand spit and that he offered staff cooperation in seeking the transfer of privately held property to public ownership. They also discussed the possibility of the City becoming the operator of the golf course at some time in the future. The Mayor stated they had discussed the holding of a marathon between Hearst Castle and Morro Rock via Highway One. MOTION: Councilman Lemons moved that staff be directed to work with the Parks & Recreation Commission, Chamber of Commerce, and others to accomplish this goal. The motion was seconded by Council- man Anderson and carried unanimously. E-2 City Attorney Mr. LeSage presented the council with a settlement document regarding the Meyers lawsuit. He explained that staff had reviewed the document and the statement of facts had been appropriately corrected. The major points of the agreement were: honoring existing permits, allowing the proposed restroom with shower (water for shower to be available on priority status when available), the garage location would be close to the street if allowed by the Coastal Commission, a four foot fence will be constructed by Meyeres on the upland side of the residence and landscaping will be established in a four foot wide strip, and no dead man will be required at the end of the sheetpiling. Gerald Mason, attorney for Meyeres, agreed with Mr. LeSage's summary of the document and stated his clients were satisfied with the settlement. He stated the agreement was only binding on those who signed it. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 27, 1980 Page 5 MOTION: Councilman Anderson moved that the Mayor and City Clerk execute the settlement document on behalf of the City of Morro Bay. The motion was seconded by Councilman Lemons and carried by a roll call vote. p.m. Councilman Anderson suggested a short recess at•8:35 The City Council reconvened at 8:47 p.m. E-3 City Administrator t for Temporary Use Permit at 496 Embarcadero v Kannafh Riartrtini fnr hna+ lhni IAinrt Mr. Guluzzy explained that this item had been received late but needed council action. Staff had reviewed the request for a threeyear use permit and found the request to be in order. Mr. LeSage indicated that this agreement was to implement a use permit already approved by the Planning Commission. MOTION: Councilman Lemons moved that the permit be approved as requested. The motion was seconded by Councilman Anderson and carried unanimously. Request for Transfer of $8,700 to Fire Department Mr. Guluzzy explained citizen complaints about the sirens used to summon reserve firefighters in emergency situations. The pagers would be utilized for this purpose. He indicated that all paid firefighters already had pagers. There was discussion about possible sale of the sirens to P.G. & E. to warn of power plant emergency situations and also questions about the Fire Department wanting and needing a "jaws of life." Mr. Guluzzy indicated that the -firefighters had raised about $4,000 for the "jaws" with civic functions. COUNCIL REQUEST FOR ACTION BY STAFF The council indicated that it wished to discuss the matter with the Fire Chief and asked that he be present when the matter was placed on a future agenda. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 27, 1980 Page 6 st for a Special Joint Session Between ouncil. Mr. Guluzzy explained that a joint study session had been requested to discuss the VRM proposal. The council asked about the reason for the study session. Mr. Guluzzy explained it would be to discuss procedures and not philosophy. They were asking for guidance for things such as water, land use, access, parkland dedication and use permits. The council declined the invitation. Request for Rate Increase from Morro Bay Garbage Service. Mr. Guluzzy indicated that he would like to place the request on the June 23 agenda for hearing. This would allow staff time to research the rate request and obtain financial data needed for a report to the council. COUNCIL REQUEST FOR ACTION BY STAFF The council authorized staff to proceed withithe study and set the request for hearing on June 23. Recreation Director The Mayor indicated that he wanted to discuss the position title Recreation Director advertised by the City. COUNCIL REQUEST FOR ACTION BY STAFF Motion: Councilman Lemons moved that council set a hearing regarding reorganization of the Recreation Depart- ment, whether it would be the Department of Parks and Recreation or just Recreation Department. The motion was seconded by Councilman Anderson and carried unanimously. Administrator's Hearing re Rederal Revenue Sharing Funds Mr. Guluzzy reported that he had held a hearing on the proposed use of Revenue Sharing Funds for Entitlement Period 11 amounting to about $34,500. He indicated that citizen comment at the May 27, 1980 hearing held at 11:15 a.m. was in favor of allocating the funds for the wastewater treatment plant project. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 27, 1980 Page 7 Sonic Cable TV Rate Request Mr. Guluzzy reported that representatives of cities throughout the county had met to discuss the possible effects of AB 699 which had deregulated cable television. It was determined at this meeting that the new law would not apply the cities in this county. It was reported that Sonic Cable TV would be invited to discuss its request at a future date. He asked if council would be willing to share the cost of a rate study with the other cities to see if such an increase was justified and to explore additional services which the cable company might supply. COUNCIL REQUEST FOR ACTION BY STAFF Council directed staff to participate in the study with emphasis on the improvement of service for the citizens. Lions Club Use Permit Mr. Guluzzy explained the request for a permit for an event which had already taken place and asked for council confirmation of administrative action in allowing the event to continue without the normal council permit obtained in advance. MOTION: Councilmen Anderson moved for approval of the retroactive permit. The motion was seconded by Councilman Lemons and carried. Mayor Dorn questioned the charge for the circus. He had been informed that the City had doubled the fees for the circus. Mr. Guluzzy explained that a new business ordinance had become.effective since,_,the.last circus and since the circus was a private firm coming into town they had to have a business license. Mr. Campbell spoke about the benefits of the Lions Club program and felt it should not be charged for a permit. Mr. Guluzzy explained that the Lions Club has not been charged for the use permit. The permit was required to assure the City of liability coverage for any special events held on City property. Narcotic'Paraphernalia OrdinanceDraft Mr. Guluzzy explained that the City Attorney had prepared a draft ordinance and it would be placed on a future meeting at the council's direction after they had time to review it. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 27, 1980 Page 8 Bay Ambulance Rate Request Mr. Guluzzy reported that the City and County were con- ducting a joint audit of the ambulance company and when completed, the information would be provided for the council. United Nations Day Chairman Mr. Guluzzy reminded the council of the need to appoint a chairman for United Nations Day. Harbor Dredging Status Report Mr. Guluzzy explained that the contractor performing the dredging, Shellmaker, has declined to perform a change order at the original rate of $1.80 per yard due to rising fuel and labor costs. The contractor was asking $4.70 per yard for the 26,000 yards by the fuel docks. Mr. Bressan explained the need for the dredging near the fuel docks. It had not been incorporated in the Corps of Engineers' contract for the rest of the bay. He explained that staff needed council authorization to prepare specifications and seek a local bidder to accomplish the work, probably with a clamshell barge and ocean disposal of the spoils which would require 10 to 15 trips to sea. COUNCIL ,REQUEST ,FOR ACTION, BYi.STAFF.; rt1 MOTION: Councilman Lemons moved that specifications be prepared and the dredging be put out to bid. The motion was seconded by Councilman Anderson and carried. Resignation from Parks '& Recreation Commission Mr. Guluzzy reported that a letter of resignation had been received from Larry Ramos, a member of the Parks & Recreation Commission. COUNCIL REQUEST FOR ACTION BY STAFF The City Administrator was asked to write a letter acknowledging the resignation and thanking Mr. Ramos for his services to the City. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 27, 1980 Page 9 Request for Executive Session The City Attorney requested an executive session. 9:20 P.M. the City Council adjourned to executive session. 9:42 P.M. the City Council reconvened in regular session. . Mayor Dorn nominated Don Opperman, 255 Andros, to fill the vacancy on the Planning Commission created by the resignation of Mr. Kelsay. MOTION: Mayor Dorn moved that Don Opperman be appointed to the City Planning Commission. The motion was seconded by Councilman Lemons and carried. MOTION: Councilman Lemons nominated Lila Keiser to fill the vacancy on the Parks & Recreation Commission. The motion was seconded by Councilman Anderson and carried. Wastewater Treatment Plant Project Mr. Guluzzy reported that representatives of Brown & Caldwell, consulting engineers, would be present at the June 9 council meeting to report on the status of the project. Adjournment of Meeting MOTION: Councilman Lemons moved that the meeting be adjourned and that a moment of silence be observed in the memory of Bruce Brebes and that roll call be dedicated to him. The motion was seconded by Councilman Anderson and was carried unanimously on a roll call vote. The meeting was adjourned at 9:49 P.M. Recorded by: e DONALD F. GULUZZY City Clerk By: Kathleen T. Michel Acting Deputy City Clerk r CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL SPECIAL CALLED MEETING May 21, 1980, 9:30 a.m. Conference Room, City Hall Call to Order UNFINISHED BUSINESS 1 Resolution No. 46-80 approving assignment of lease site No. 27W from The Golden Tee, Inc. to Morro Bay Kingsway, Inc. MINUTES - MORRO/BAY CITY COUNCIL SPECIAL CALLED' I MEETING May 21, 1980,/9:30 A.M. Conference Room, City Hall J The meeting was called to order by Mayor Dorn at 9:48 A.M ROLL CALL Present: Councilman Anderson and Mayor Dorn Absent: Councilman Lemons STAFF PRESENT Donald F. Guluzzy, City Administrator Tom McGonagill, Director of Administrative Services Kathleen T. Michel, Acting Deputy City Clerk Mr. Guluzzy explained that a Special Called Meeting was limited to the items on the agenda. UNFINISHED BUSINESS Resolution No. 46-80 approving assignment of'lease site No. 27W from the.Golden Tee, Inc. to Morro Bay Kingsway, Inc. Mr. Guluzzy explained the'request regarding lease site No. 27W being transferred from the Golden Tee to Morro Bay Kingsway, Inc. Mr. McGonagill explained that applicants had submitted an unaudited financial report for the fiscal year ending October 31, 1979, and that he had met with their chief financial officer. He reported that there was no reason to question their ability to handle the financial responsibility of the lease. Edie Gambini, representing applicants, indicated that applicants operated several large hotels in other communi- ties and listed some examples. Mr. Guluzzy presented Resolution No. 46-80 approving assignment of Lease Site No. 27W from the Golden Tee, Inc., to Morro Bay Kingsway, Inc. MOTION: Councilman Anderson moved that Resolution No. 46-80 be approved. The motion was seconded by Mayor Dorn and carried unanimously with Councilman Lemons absent. MINUTES - MORRO BAY CITY Council Special Called Meeting - May 21, 1980 Page 2 The business on the agenda having been completed, the meeting adjourned to executive session at 9:55 A.M. Recorded by: DONALD F. GULUZZY City Clerk By: Kathleen T. Michel Acting Deputy City Clerk 4 6 CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING May 12, 1980, 7:30 P.M. Morro Bay Recreation Hall• Call to Order Pledge of Allegiance Invocation A. CONSENT CALENDAR A-1 Resolution No. 43-80, awarding contract for striping of city streets. Bid in amount of $11,700.70 by Safety Striping Services, Inc. (RECOMMEND APPROVAL) A-2 Resolution No. 44-80 awarding contract for Beach Street retaining wall and bluff stabilization. Bid in amount of $28,325.00 by A.D. Construction. (RECOMMEND APPROVAL) A-3 Claim against the City of Morro Bay by James B. Merzon for sewer backup damages. (RECOMMEND DENIAL AND REFER TO INSURANCE CARRIER) A-4 Claim against the City of Morro Bay by Keith Hutchison for personal injuries by Morro Bay police officer. (RECOMMEND DENIAL AND REFER TO INSURANCE CARRIER) A-5 Minutes April 15, 1980 Adjourned Meeting. A-6 Minutes April 14, 1980 Regular Meeting. B. UNFINISHED BUSINESS B-1 Legal status of bids for City Promotion and Visitor Information Services. City Attorney will advise on legal status of bids deferred by City Council on January 14, 1980, for action following the April Municipal Election. C. NEW BUSINESS C-1 Resolution No. 42-80 establishing charges for Weed Abatement. C-2 Resolution No. 45-80 approving lease assignment for City Lease Sites 110W, 111W, 112W, and 111.5W by Brebes Morro Bay Fisheries, Inc. to Ralph Ruse, George Leaa.e, and Charles Ogle. C-3 Resolution No. 46-80 approving lease assignment for City Lease Site 27W by The Golden Tee, Inc. to Kingsway Services, Inc. 4 0 City Council Agenda May 12, 1980 Page 2 D. HEARINGS, APPEARANCES, AND REPORTS D-1 8:00 P.M. PUBLIC HEARING: REVENUE SHARING: Proposed use hearing to consider suggestions regarding possible uses of Revenue Sharing funds City has previously received totalling $54,159.00. (ADMINISTRATIVE RECOMMENDATION: USE FOR WASTEWATER TREATMENT PLANT UPGRADING AND MODIFICATION) D-2 PUBLIC HEARING ON WEED ABATEMENT APPEALS. D-3 Rate Modification Request by SONIC CABLE TV. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING MAY 12, 1980, 7:30 P.M. Morro Bay Recreation Hall The meeting was called to order with the Pledge of Allegiance led by Mayor Dorn at 7:30 P.M. Father Speetzen offered the invocation. ROLL CALL Present: Councilmen Anderson, Lemons and Mayor Dorn Absent: None STAFF PRESENT Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney John Bressan, Public Services Director T. Keith Gurnee, Community Development Director Kathleen T. Michel, Acting Deputy City Clerk A. CONSENT CALENDAR A-1 Resolution No. 43-80, awarding contract for striping of city streets. Bid in amount of $11,700.70 by Safety Striping Services, Inc. (RECOMMEND APPROVAL) A-2 Resolution No. 44-80, awarding contract for Beach Street retaining wall and bluff stabilization. Bid in the amount of $28,325.00 by A. D. Construction. (RECOMMEND APPROVAL) A-3 Claim against the City of Morro Bay by James B. Merzon for sewer backup damages. (RECOMMEND DENIAL AND REFER TO INSURANCE CARRIER) A-4 Claim against the City of Morro Bay by Keith Hutchison for personal injuries by Morro Bay police officer. (RECOMMEND DENIAL AND REFER TO INSURANCE CARRIER) A-5 Minutes April 15, 1980 Adjourned Meeting. A-6 Minutes April 14, 1980 Regular Meeting. The City Attorney reminded the council that items A-1 and A-2 both involved the expenditure of funds by the City so would require three affirmative votes. Mayor Dorn asked whether his residence on Beach Street would prevent him from voting. Mike LeSage indicated that his vote would be required in this instance. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 12, 1980 Page 2 Mayor Dorn asked whether the County could perform the services being let for contract under item A-1. John Bressan indicated that the City was working toward a satellite contract for plastic markers instead of striping but that the County was not willing to perform the striping services. Mayor Dorn reviewed the consent calendar. MOTION: Councilman Lemons moved the Consent Calendar be approved. The motion was seconded by Councilman Anderson and carried unanimously. B. UNFINISHED BUSINESS B-1 Legal status of bids for City Promotion and Visitor Information Services. Bids were deferred by City Council on January 14, 1980, for action following the April Municipal Election. Don Guluzzy explained that the call for bids was based on a monthly contract for promotional services and visitor services, both staff and other expense items. He indicated that if council wished to award the contract, it should be done on a pro rata basis for the seven weeks remaining in this fiscal year. He indicated that the cost of -promotional services for that period would be $568.75 and for visitor services, $2,041.69.' The expense allowance would be $570.22 for visitor services and $126.88 for promotional services: The total cost of services under the contract, if granted, would be $3,307.54 for the period May 12, 1980 through June 30, 1980. He also indicated that if council wished to have such a program during the next fiscal year, staff should be directed to put it out for bid. Mike LeSage explained that there,is no contract in effect so the City was not obligated to compensate for any promotional services that have been provided. The only way the contract could be granted was to pro rate it to the end of the fiscal year if the bidders were willing to perform. Mayor Dorn asked questions about the limitations of Measure A. Mr. Guluzzy indicated that Measure A limited the expenditures from any source to 58 of the bed tax revenue. The amount would be $5,000 to $10,000. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 12, 1980 Page 3 Mike LeSage concurred with the City Administrator's comments. Mr. Guluzzy indicated that the Chamber of Commerce was still interested in performing under the contract. Council members wanted'to know how many bidders there were. Mr. Guluzzy indicated there was one bid for visitor information services and two bids for promotion. Judy Kerestan, secretary of the Chamber of Commerce, indicated that the Chamber was definitely interested in receiving whatever funding it could. She indicated that the Chamber was having difficulty maintaining the current level of services without reimbursement. She asked if the expenses allowed under the original bid would be pro rated since they were not evenly distributed on a weekly basis. Mr. Guluzzy indicated that expenses could not exceed $1,900 over the six month period. Mayor Dorn indicated that he wanted to see the Chamber of Commerce or a similar local organization provide the promotional services for the community. He suggested awarding the bid as recommended and instructing staff to work with the Chamber of Commerce. Councilman Lemons indicated that the idea of calling for outside bids was to get more professionalism. MOTION: Councilman Lemons moved that the council approve contracts for a total of $3,307.54 with the Chamber of Commerce for visitor services and promotional services. The motion was seconded by Councilman Anderson and carried unanimously on a roll call vote. Councilman Lemons requested that staff analyze whether or not the visitor service center was the appropriate way to promote the city. Mr. LeSage indicated that under Measure A if the council wished to award a contract, it would have to advertise for bidders and award a contract within the dollar limitation. Councilman Anderson indicated that with the $10,000 limit of Measure A, it would be unlikely that any professional firm would want the contract, therefore the City should think in terms of using a local volunteer organization. MINUTES OF THE MORRO BAY CITY COUNCIL Regular Meeting - May 12, 1980 Page 4 Mayor Dorn asked the City Attorney to provide guidance for the council in seeking a bidder. Mr. LeSage indicated that a contract for personal services did not need a bidding procedure but that Measure A required monitoring of the funds expended. Mayor Dorn did not favor promotional firms from outside the city. He wanted to limit it to local organizations. He asked if Measure A indicated where the bidders must come from. Mr. LeSage indicated that the City could not say where the bidders must come from. He thought that a largely volunteer organization would be the only one which could provide services for the amount the City could spend. Mr. Guluzzy indicated that if the council so directed, staff could write specifications for the proposals. MOTION: Councilman Lemons moved that staff be directed to come back to the Council with a recommendation of a more effective way to spend the allowed public relations money during the next fiscal year. The motion was seconded by Councilman Anderson and carried unanimously. Mayor Dorn indicated that he had received a letter from Fred Eckman asking city support of the scholarship program for Miss Morro Bay. He asked for staff recommendation on whether the items was an appropriate expenditure of public relations funds. The matter was referred to the City Attorney. D- 8:00 P.M. PUBLIC HEARING ON REVENUE SHARING. Mr. Guluzzy explained that federal regulations required a hearing regarding $54,159 which had not been appropriated by use by the City. He recommended amendment of the budget to utilize the funds for the wastewater treatment plant project. He reported that he had scheduled an administrative hearing on the proposed use but that no one had attended -'it.. The council must now hold its hearing on the matter. Mayor Dorn opened the hearing to the public. Bob Meyers, 160 Island Street, asked if the money could be used for maintenance. Mr. Guluzzy indicated that it could be used for anything. He indicated that the City had been allocating all federal revenue sharing funds for the wastewater treatment plant which must be built. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 12, 1980 Page 5 Mr. Mayers indicated that many cities utilized revenue sharing funds for parks acquisition. He suggested using this money for Del Mar Park. Mr. Guluzzy explained that the funds were used for capital improvements for building the new plant, not for maintenance and operation of the existing plant. The City was involved in the engineering of the new plant and would have to pay 12.5 percent of the cost of the plant. The City was allowed to use revenue sharing funds to meet its share of the costs. He explained that funds had been used for this purpose for three years. Once the plant was completed, the City would have to charge citizens a fee to raise its share of the construction costs. James Campbell asked about the sewer tax included on the water bill, whether it was sufficient to maintain the plant. Mr. Guluzzy indicated that the City did not raise enough money to cover the operation of the plant and its maintenance. He said there were no capital costs in the fee now charged. He explained that the City was building some new parts to the plant to integrate with the existing system and they would operate as part of the new plant as well. Mayor Dorn closed the hearing for public comment and indicated that prior councils must have felt the wastewater treatment plant was the highest priority. Mr. Guluzzy indicated that the plant was the largest capital cost facing the City and there were limitations in the City's ability to finance it. Councilman Lemons questioned how close the City was to funding its share of the matching funds based on the latest estimates. Mr. Guluzzy indicated that the cost of the plant was estimated at $8 to $10 million with the City contributing 12.5 percent of that amount. John Bressan indicated that $7 million was estimated for the outfall and plant upgrading. He indicated that many items were not covered by the federal grant and the City would have to pay 15 to 18 percent or one million dollars at today's cost. Mr. Guluzzy indicated that the City had reserved $750,000 for this purpose. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 12, 1980 Page 6 John Bressan explained that Cayucos would contribute about $400,000 to the project. MOTION: Councilman Lemons moved to close the public hearing. The motion was seconded by Councilman Anderson and carried unanimously. Mr. Guluzzy recommended that the $54,159 be included in the 1979/80 capital budget for the wastewater treatment plant upgrading. MOTION: Councilman Lemons moved for adoption of the Administrative Officer's recommendation. The motion was seconded by Councilman Anderson and carried unanimously. C. NEW BUSINESS C-1 Resolution No. 42-80 establishing charges for weed abatement. Mr. Guluzzy explained that previously charges were based on a square footage rate and this resolution would provide a more equitable method of charging by hour for the work performed. Mr. Bressan explained that bids had been received for the work on an hourly rate and depending on the ability of the contractor to perform the work the rates would be either $33.60 or $35.00 per hour. The administrative costs were for work in locating, posting and rechecking to be sure that lots were cleared. People could clear their own lots and were encouraged to, but the lots must be cleared to abate fire hazards so the City performed the service and charged the property owners for it. Jim Merzon asked if the City would still provide an estimate for costs of clearing a lot. He also questioned the 20 percent administration costs when it took the same amount of time for inspection for a large or small lot. Mr. Bressan explained that it simplified the accounting if it was a percentage - Ed Smith, 731 Marina Street, asked for an explanation of the term "nuisances" included in the weed abatement regulations. Mr. Bressan read the appropriate sections of the ordinance. Manuel De La Rosa asked if the weed abatement charges were considered a fine. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 12, 1980 Page 7 Mr. Bressan explained that it was a charge for services rendered. Mr. De La Rosa complained that the City was not providing incentives for the property owners to do their own work. Mayor Dorn indicated that many people could not do the work and the City was taking care of that by obtaining someone to do the work and seeing that it was done. James Campbell talked about costs of the work. He felt the City made money on the program and asked how much, profit it made. Mayor Dorn said the City was not trying to make money, it was providing a service to the public. Monty Red asked about an incentive for the worker to complete the job quickly. Mr. Bressan indicated that there was an inspector who checked the work and the worker. He indicated that last year two City employees had done the work; one to drive the tractor and one to do the paper work. Mr. LeSage indicated that the resolution was based on a bid and the charge is for time spent plus 20 percent overhead which probably would not cover the City's costs to administer the program. MOTION: Councilman Anderson moved that Resolution 42-80 be approved. The motion was seconded by Councilman Lemons and carried unanimously. C-2 Resolution No. 45-80 approving lease assignment for City lease sites 110W, 111W, 112W, and 111.5W by Brebes Morro Bay Fisheries, Inc. to Ralph Ruse, George Leage, and Charles Ogle. Ray Gallo requested the City's consent to the proposed lease transfer to accommodate the sale of the business. Mr. LeSage informed the council that it could not unreasonably withhold consent to the transfer but it could ask for evidence of financial responsibility of the new owners.. The council could not include the default on the T- pier lease as part of this item. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 12, 1980 Page 8 Keith Gurnee presented an illustration of the lease site area, including the T-pier. Mr. Gallo indicated the new owners would cooperate with the city in development of the T-pier area. He said a plan had been approved but financing was difficult to obtain at present. Mr. LeSage pointed out that the City had negotiated a reduced rental rate because of anticipated improvements and repairs and if the loan made for the repairs no longer existed, the rate would have to be amended. The City would prefer that site 111.5W was set aside for the T-pier problem. However, the council's choice is whether or not to transfer the lease to the new buyers. Mr. Gallo indicated that the owners had a plan for the development of the T-pier. Mr. Gurnee explained that the Harbor Advisory Committee had concerns about this water site lease because it was critical to the resolution of the T-pier issue. The transfer at this time could confuse the whole matter. In the plan approved by the Planning Commission in January 1980, it was felt that all water area should be used for boat dockage. The reduction of the lease rate was to allow for financing of the repairs to the pier. Mr. LeSage indicated that the council could ask for financial data on the proposed new owners. If there was a change in the holders of the lease, it was appropriate to adjust the rent to the proper amount. The council could not tie the T-pier lease to the restaurant lease. The council has discretion to decide whether the applicants would be as good a lessee as the present one. Mr. Gallo indicated that the new owners were already operating the Harbor Hut. He did not think the T-pier was involved in this discussion. He indicated a willingness to work with the City to find an economical, feasible solution for the T-pier. Mr. LeSage indicated that the council could authorize the Mayor and City Clerk to prepare and execute a resolution authorizing transfer of the lease. There was further discussion about whether the transfer must be approved immediately and whether 111.5W had to be included in the transfer. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 12, 1980 Page 9 Cliff Smith, Harbor Advisory Committee, explained the hopes of the commission to put the T-pier back into operation. He did not think this proposal should allow for new construction on the pier. Mr. LeSage agreed that the site was crucial. He summarized the facts as follows: the City had an existing lease, it had been asked to transfer that lease to people who were already operating a business within the community. MOTION: Councilman Anderson moved for adoption of Resolution No. 45-80 approving lease assignment for City lease sites 110W, 111W, 112W, and 111.5W by Brebes Morro Bay Fisheries, Inc. to Ralph Ruse, George Leage, and Charles Ogle. The motion was seconded by Councilman Lemons and carried unanimously. C-3 Resolution No. 46-80 approving lease assignment for City Lease Site 27W by.The Golden Tee, Inc. to Kingsway Services, Inc. Mr. LeSage indicated that the City had no information regarding the proposed lessee. Mayor Dorn indicated that more information was needed. The item was continued to the next meeting. D. HEARINGS, APPEARANCES, AND REPORTS D-2 Public Hearing on Weed Abatement Appeals. Mr. Bressan explained that the hearing concerned whether or not properties should have been posted for weed abatement. Dick Hazette asked if all lots were posted. Mr. Bressan explained that posting indicated that lots must be cleared by June 1. Some have already been cleared, others will be a problems by June 1 although might not have been at the time of posting. Dave Husband asked whether the term "lots" meant with or without improvements. Mr. Bressan indicated that they usually.did.not ppst- for lawns needing mowing. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 12, 1980 Page 10 Jim Merzon felt the letter regarding weed abatement was ambiguous. He thought the City should be more specific in naming the nuisance to be abated. Mr. Hazette asked if the property owners needed to notify the City when they had cleared their own lots. Mr. Bressan indicated that the inspector checked it. Mayor Dorn spoke about the shortened hours at City Hall. Bob Meyers asked when the City was going to clear the corner lots for visibility. Mr. Bressan indicated that the rights -of -way were being cleared. MOTION: Councilman Lemons moved that the hearing be closed. The motion was seconded by Councilman Anderson and carried unanimously. D-3 Rate Modification Request by Sonic Cable TV. Mr. Guluzzy explained that Sonic had removed its request. Manuel De La Rosa spoke against a rate increase. He identified himself as a TV repair person and indicated that many TV problems were the fault of the cable company. He did not think they deserved a rate increase unless and until they improved their service. He indicated that Carl Monte at Barlogio's in Santa Maria would be an excellent person to contact for advice concerning this problem. E. INDIVIDUAL DETERMINATION AND/OR ACTION Vacancy on Commission Mayor Dorn recommended the appointment of Bob Meyers to fill the vacancy on the Parks & Recreation Commission created by the resignation of James Gouldsbrough. MOTION: Mayor Dorn moved that Bob Meyers be appointed to the commission. Councilman Lemons seconded the motion. Councilman Anderson asked about the usual procedure for appointments. Mr. Guluzzy indicated that that past councils had advertised for interested citizens. Some discussion followed concerning the past procedure and the qualifications of the individual nominated. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 12, 1980 Page 11 Mr. LeSage indicated that the only legal requirement was that the council make appointments in a•public meeting. The Mayor summarized the motion and the appointment was made. Bob Meyers thanked the council for the appointment. Water Mayor Dorn spoke about a recent meeting with Clint Milne of the County Engineer's office and Mr. Dominghini and asked the City Attorney to read a letter received from Mr. Milne concerning possible use of water from Domenghini's wells. Mr. LeSage read the letter dated May 2, 1980, from Clint Milne to Mayor Dorn. . Mr. Guluzzy indicated that Angela Grentz was the City's environmental engineer and would work with Mr. Lemons and others on the matter. Narcotic Paraphernalia Councilman Lemons mentioned recent ordinances in other cities concerning the display of paraphernalia to minors. Mr. LeSage indicated that there had been several challenges to such ordinances and asked if there was a problem within this city. There was discussion about whether the state would provide an appropriate law to deal with the problem and the City Attorney was asked to prepare a draft ordinance. MOTION: . Councilman Lemons moved that the City Attorney be directed to prepare a draft ordinance for council consideration. Councilman Anderson seconded the motion which carried unanimously. Paving Machine Mrs. Frances Eli Coulson read a prepared statement regarding the need for the paving machine. City Hall Hours Mayor Dorn brought up the matter of 9 to 4 hours at City Hall. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 12, 1980 Page 12 Dan Reddell complained about the first hour in the morning when the building inspector was not available. Ed Smith also spoke about the hours being inconvenient to the public. Mr. Guluzzy explained the reasoning behind the closure. MOTION: Mayor Dorn moved that City Hall be open to the public for the complete day, 8 to 5. The motion was seconded by Councilman Anderson and carried unanimously. Bus Purchase Mr. Guluzzy reported that the City had received bids several weeks earlier for an additional bus for the Dial -A - Ride system but that the bus called for in the specifications was too large for the needs of the City. He asked for council authorization for staff to negotiate to purchase a Wide -One bus for under $30,000. The matter would be brought back to the council later for approval of the contract. Council members questioned the negotiation procedure instead of going to bid again for the different bus. Mr. Bressan explained that the bus in the original specifications was not being manufactured any longer and the City could not afford to purchase a larger bus. It has the money to purchase the smaller "Wide -One" which was more cost-effective. The Mayor pointed out that council could authorize staff to negotiate and act upon the item at a later date. It would save time to authorize negotiations now. Mr. Guluzzy agreed that the council will still have to approve purchase before it could take place. MOTION: Councilman Anderson moved to authorize staff to negotiate for purchase of a smaller bus. The motion was seconded by Mayor Dorn and carried with Councilman Lemons voting no. Asphalt Paving Machine Mr. Guluzzy reported that the bidding company would not indicate whether or not it would allow the City to drop the contract without prejudice or cost. It was pointed out that a 12 percent price increase would go into effect on the machine on the 15th of May. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 12, 1980 Page 13 Councilman Anderson asked whether the City would be required to purchase or pay costs to the bidder. Mr. Bressan reported that the company representative did not have an answer from his company which he would or could relay to the City. The equipment is being held for the City's decision. Mr. LeSage pointed out that if the price increased $3,000 and the company could sell it at the increased price, they have already recouped the loss by not selling to the City. Discussion followed about associated equipment to operate the paving program, staff training, etc. MOTION: Councilman Lemons moved that the City go ahead with the purchase of the machine. The motion was seconded by Councilman Anderson and carried unanimously. Engineering Consultant Meeting Mr. Guluzzy asked if the council was willing to meet with the consulting engineers, Brown & Caldwell, on Wednesday, May 14, at 7:30 P.M. to discuss the work to date on the wastewater treatment plant and ratings to the Water Quality Control Board on the present plant. There was a brief discussion of WQCB requirements and the present output of the plant. Adjournment MOTION: Councilman Lemons moved that the meeting be adjourned. The motion was seconded by Councilman Anderson and carried unanimously. The meeting was adjourned at 11:18 p.m. Recorded by: DONALD F. GULUZZY City Clerk By: Kathleen T. Michel Acting Deputy City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING APRIL 28, 1980, 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Public Comment A. CONSENT CALENDAR A-1 Variance permitting Morro Bay Fire Department to burn 1052 Main Street structure, which is scheduled for demolition, as a training exercise. (RECOMMEND APPROVAL) A-2 Firearms License Agreement between County of San Luis Obispo and City of Morro Bay for use of Sheriff's range for firearms training. (RECOMMEND APPROVAL) A-3 Resolution No. 36-80 approving application for $635 to State, through County Health Department, for litter control and enforce- ment. (RECOMMEND APPROVAL) A-4 Resolution No. 32-80 calling a Special Election on July 22, 1980 to fill two vacancies on City Council. (RECOMMEND APPROVAL) A-5 Resolution No. 33-80 approving agreement with County of San Luis Obispo to provide services in support of July election. (RECOM- MEND APPROVAL) A-6 Authorize application for two Coastal Access Grants from Coastal Conservancy for waterfront improvements on Embarcadero. (RECOM- MEND APPROVAL) A-7 Application for Section 18 Transit Funds amounting to $50,000 for maintenance shop and $30,000 for a new bus. (RECOMMEND APPROVAL) A-8 Expenditure Report for March 1, 1980 through March 31, 1980. (RECOMMEND APPROVAL) B. UNFINISHED BUSINESS B-1 Bay Ambulance request for base rate increase from $62.00 to $84.50 with additional rate increases for selected additional services. (CITY ADMINISTRATOR WILL DISCUSS THE ECONOMIC JUSTIFICATION FOR SAID INCREASES --HE OPPOSES RATE INCREASES) C. NEW BUSINESS C-1 Ordinance No. 178 amending Morro Bay Municipal Code to include a revised section on parking, driveway, and loading regulations. (1ST READING) C-2 Ordinance No. 179 redefining "commercial vessels" and Ordinance No. 180 establishing a formal dockage waiting list. (COUNCIL WILL CONSIDER HARBOR ADVISORY COMMITTEE'S RECOMMENDATION AND DECIDE WHETHER TO SET THESE ORDINANCES FOR TWO PUBLIC HEARINGS.) N 0 City Council Agenda April 28, 1980 Page 2 C-3 Resolution No. 34-80 approving an addendum to lease and 90W (Morro Marine Engineering) to permit any of the City's list of "Harbor Dependent Uses". C-4 Resolution No. 35-80 approving the installation of at intersection of Beach Street and Embarcadero. D. HEARINGS, APPEARANCES, AND REPORTS None. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator sites 90 the uses on a stop sign 0 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING APRIL 28, 1980, 7:30 P.M. Morro Bay Recreation Hall The meeting was called to order with the Pledge of Allegiance at 7:30 p.m, by Mayor Dorn. A minute of silence was observed in honor of the lives lost in the Iran rescue attempt. ROLL CALI. Present: Councilmen Anderson, Lemons and Mayor Dorn Absent: None STAFF PRESENT Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney Tom McGonagill, Director of Administrative Services John Bressan, Public Services Director Bernie Zerr, Fire Chief T. Keith Gurnee, Community Development Director Al Olson, Police Chief Kathleen T. Michel, Acting Deputy City Clerk A_ CONSENT CALENDAR A-1 Variance permitting Morro Bay Fire Department to burn 1052 Main Street structure, which is scheduled for demolition, as a training exercise. (RECOMMEND APPROVAL) Unanimously approved on motion of Councilman Anderson, seconded by Councilman Lemons. A-2 Firearms License Agreement between.County of San Luis Obispo and City of Morro Bay for use of Sheriff's range for firearms training. (RECOMMEND APPROVAL) Unanimously approved on motion of Councilman Anderson, seconded by Councilman Lemons. A-3 Resolution No. 36-80 approving application for $635 to State, through County health Department, for litter control and.enforcement. (RECOMMEND APPROVAL) MOTION: Councilman Lemons moved that Resolution No. 36-80 be read by title only. The motion was seconded by Councilman Anderson and carried unanimously. • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 28, 1980 Page 2 Mr. Guluzzy read Resolution 36-80 by "Resolution approving the application funds under the State Litter Control, and Resource Recovery Fund." title only. for grant Recycling, MOTION: Councilman Lemons moved that Resolution No. 36-80 be approved. The motion was seconded by Councilman Anderson and carried unanimously on a roll call vote. A-4 Resolution No. 34-80 calling a Special Election on July 22, 1980, to fill two vacancies on City Council. (RECOMMEND APPROVAL) MOTION: Councilman Anderson moved that Resolution No. 3f480 be read by title only. The motion was seconded by Councilman Lemons and carried unanimously. Mr. Guluzzy read Resolution No. 34-80 by title only. "Resolution of the City Council of the City of Morro Bay calling and giving notice of the holding of a Special Municipal Election to be held in said city on Tuesday, July 22, 1980, for the election of certain officers of said city as required by the provisions of the State of California relating to general law cities." MOTION: Councilman Anderson moved that Resolution No. 34-80 be approved. The motion was seconded by Councilman Lemons and carried unanimously on a roll call vote. A-5 Resolution No. 33-80 approving agreement with County of San Luis Obispo to provide services in support of July election. (RECOMMEND APPROVAL) MOTION: Councilman Anderson moved that Resolution No. 33-80 be read by title only. The motion was seconded by Councilman Lemons and carried unanimously. Mr. Guluzzy read Resolution No. 33-80 by title only. "Resolution of the City Council of the City of Morro Bay requesting the Board of Supervisors of the County of San Luis Obispo to render specified services to said city relating to the conduct of a Special Municipal Election to be held in said city on Tuesday, July 22, 1980." MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 28, 1980 Page 3 MOTION: Councilman Anderson moved that Resolution No. 33-80 be approved. The motion was seconded by Councilman Lemons and carried unanimously on a roll call vote. A-6 Authorize application for two Coastal Access Grants from Coastal Conservancy for waterfront improvements on Embarcadero. (RECOMMEND APPROVAL) Mayor Dorn asked for further explanation of the projects proposed under the grant application. Mr. Gurnee that the grant was to construct new access to the coastline using matching funds and that the approval of the application would authorize staff to proceed. He explained that further hearings would be required in the future by both the Planning Com- mission and City Council regarding the specific projects. The locations of the projects were the end of Marina Street and Tidelands Park Area. Dale Mitchell spoke about the project proposed for Marina Street and its possible effect on existing uses. He felt the public hoist would be a problem at this location because there were no support facilities associated with the hoist. He wished to go on record opposing the hoist. He felt that a picnic area was appropriate for the site. Bob White, a fisherman and shipwright, and vice president of the fishermen's organization, stated that the hoist was needed by the fishermen and would not be utilized for unloading fish or would not be causing oil spills which might affect the aquarium. The addition of a public hoist would make it possible for the fishermen to remove boat engines without depending upon their relationship with the owners of the private hoists in the community. He did not believe that trucks would be parked at the location for loading and unloading. Mayor Dorn indicated that the council members shared the concerns about lack of facilities and he agreed that such a facility was needed but that the council was not committed as to location. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 28, 1980 Page 4 Cliff Smith, chairman of the harbor Advisory Committee, indicated that his group had thoroughly investigated possible sites for the hoist and this was the best location. It was not intended as a site for unloading fish. It was needed for removing motors and otherwise serving the boats. Councilmembers expressed concern about state control over the use of the money. Mr. Gurnee stated that this was the application stage only and that redesign could take place during the hearings by the Planning Commission and City Council, but that the money would have to be spent for the purpose indicated. The council would be committed as to the location of the projects. MOTION: Councilman Lemons moved that a resolution be prepared authorizing application for the grant. The motion was seconded by Councilman Anderson and carried unanimously. Resolution No. 41-80, "Resolution approving the appli- cation for Coastal Convervancy grants - Marina Street end and Tidelands Park projects" was to be prepared by staff. A-7 Application for Section 18 Transit Funds amounting to $50,000 for maintenance shop and $30,000 for a new bus. (RECOMMEND APPROVAL) MOTION: Councilman Lemons moved that application be approved. The motion was seconded by Councilman Anderson and carried unanimously. A-8 Expenditure Report for March 1, 1980 through March 31, 1980. (RECOMMEND APPROVAL) MOTION: Councilman Lemons moved that the report be approved. The motion was seconded by Councilman Anderson and carried unanimously. B. UNFINISHED BUSINESS B-1 Bay Ambulance request for base rate increase from $62.00 to $84.50 with additional rate increases for selected additional services. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 28, 1980 Page 5 Mr. Guluzzy explained the contract between the City and the County to jointly provide ambulance service sub- sidy. The County formerly provided funds for dry runs and indigent services but this provision has been removed from the contract. Bay Ambulance has requested a rate increase to cover the lost subsidy. They can only raise rates with City approval. Mr. Guluzzy recommended a joint audit with the County of San Luis Obispo and further study before the council made a decision on the rate increase. The council members concurred with this recommendation and requested that staff make the necessary study and bring back a recommendation at a future meeting. C. NEW BUSINESS C-1 Ordinance No. 178 amending Morro Bay Municipal Code to include a revised section on parking, driveway, and loading regulations. (1st READING) Mr. Gurnee explained the proposed ordinance which would allow more flexibility in the regulations. He recommended setting hearing on the ordinance. He stated there was not a lot'of input to the Planning Commission at its hearing. MOTION: Councilman Lemons moved that Ordinance No. 178 be set for public hearing as corrected at the June 9, 1980 council meeting. The motion was seconded by Councilman Anderson and carried unanimously. C-2 Ordinance No. 179 redefining "commercial vessels" and Ordinance No. 180 establishing a formal dockage waiting list. Councilman Anderson questioned the original Tidelands agreement with the State which provided for use of area by State without charge. He asked for a legal interpretation of the provisions of the lease. . . Mr. LeSage indicated he would check it before the public hearing 0 Cl MINUTES - MORRO Regular Meeting Page 6 BAY CITY COUNCIL - April 28, 1980 A citizen who identified himself as the "No. 2 Slip Renter" spoke about the definition of commercial boat. Spoke about the time which such vessels must be away from Morro Bay in order to fish. Mayor Dorn asked for suggestions regarding the hearing date. Bob White stated that the salmon fishing season closed in mid -June. - MOTION: Councilman Anderson moved that the public hearings be scheduled in June, specifically June 9 and June 23. The motion was seconded by Councilman Lemons and carried unanimously. C-3 Resolution No. 34-80 approving an addendum to lease for sites 90 and 90W (Morro Marine Engineering) to permit any of the uses on the City's list of "Harbor Dependent Uses". Mr. Gurnee explained that Morro Marine Engineering wished to sell the business and the prospective buyer had wanted to use the site for a delicatessen. The Planning Commission felt it was an inappropriate use but thought the uses in the lease might be expanded to include the "Harbor Dependent Uses". Mr. LeSage questioned expanding the lease to incorporate such a broad list of uses. The question of changing the use at the site to such a broad range before considering the lease. Mr. Gurnee explained that any use in that area would require a use permit and must be reviewed by the Planning Commission and City Council. Mr. LeSage indicated that if the city were to redefine each lease, it would be giving away control. Councilman Lemons asked if the attorney was suggesting changing leases only to permit specified new uses. Mr. LeSage indicated that the present system gave the city an opportunity to look at adjacent uses on each site and compare them. Mr. Gurnee considered this an opportunity to remove some restrictions and allow more flexibility in the lease. He stated the lease holder could apply for another use just as easily. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 28, 1980 Page 7 Mr. LeSage felt this: might be a problem and indicated that he was the one who would have to defend the city if it was. Phil Baron, the owner of the lease, agreed that the delicatessen was a poor idea but said that the current restriction in the lease was not attractive to potential buyers because the restriction to "water oriented" uses was so limited. Mr. LeSage suggested that they apply for the proposed new use and let the application procedure run its course. Councilman Anderson noted that the lease only allowed marine manufacturing, a machine shop or ship chandlery. Mr. Gurnee indicated this was the most restrictive use. Councilman Anderson noted that any new owner would need approval. Mr. Gurnee stated the proposed use permit went to the Planning Commission and then to the City Council to decide whether to change the lease. Mr. Baron believed this was too restrictive. Mr. LeSage indicated that the city did not have any other leases which were this broad. The lessee could bring in a particular range of uses and ask the Planning Commission for review. Mr. Baron indicated he had an interested potential buyer for a water -oriented use. Mayor Dorn suggested he follow the application procedure. Mr. Baron indicated that potential buyers were afraid to attempt to deal with the City. Mayor Dorn indicated they could apply to the Planning Commission with their proposed use. Councilman Anderson indicated that this was a compromise which the lessee could seek. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 28, 1980 Page 8 MOTION: Councilman Lemons moved that the request for a change in the lease be denied and a change in the lease to a specific new use be sought through the planning process. The motion was seconded by Councilman Anderson and carried unanimously. C-4 Resolution No. 35-80 approving the installation of a stop sign at the intersection of Beach Street and Embarcadero. Mr. Bressan provided a drawing of the intersection and explained the proposed addition of a stop sign. He said there were 19 accidents at this intersection in 1979, two of which were major injury accidents. Most of the accidents were caused by confusion as to who had right-of-way. Chief Olson agreed with this statement. Norman Knowles, San Simeon Stages, thought the additional stop sign would create a bottleneck and completely tie up the water front area. He said trucks needed a good run to get up the hill. Mr. Breesan stated that gaining speed before the hill was one of the reasons for the accidents. He said the turning lane and through lane would help eliminate the bottleneck. Trucks would have a better chance to make the hill starting out in low gear without trying to shift down. June Cunningham, Brebe's Gift Shop, stated she had seen trucks backing down the hill because they couldn't make it. Paul Reeson said he had almost been hit at the intersection. Mayor Dorn suggested a truck route sign. Mr. Breesan stated he did not want to route truck traffic along the Embarcadero, but that if a truck could not make the hill from a stop, it did have other routes. Councilman Anderson noted that the trucks which did back down the hill simply used a lower gear and went right back up again. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 28, 1980 Page 9 MOTION: Councilman Anderson moved that Resolution No. 35-80 be read by title only. The motion was seconded by Councilman 'Lemons' and carried unanimously. Mr. Guluzzy read Resolution No. 35-80 by title only. "Installation of stop signs on the north leg of the inter- section of Beach Street and Embarcadero Road." MOTION: Councilman Anderson moved that Resolution No. 35-80 be approved. The motion was seconded by Councilman 'Lemons: and carried unanimously on a roll call vote. D. HEARINGS, APPEARANCES, AND REPORTS There were none scheduled for this meeting. E. INDIVIDUAL DETERMINATION AND/OR•ACTION Mayor Dorn announced that Councilman Lemons had been asked to represent the city in water advisory matters. Councilman Lemons indicated that he and Mr. Gurnee were present at the recent advisory meeting and reported as follows: 1. Whale Rock Commission. Mr. Milne had asked the Whale Rock.Commission to appoint representatives to negotiate with District 9 with respect to betterments and cost trade- offs on the Nacimiento Projebt when it went on the ballot. The representatives were not yet appointed. 2. On the issue of Morro Bay purchasing Whale Rock water on a regular basis, he indicated the Commission could not and would not guarantee water but was willing to consider Morro Bay as a priority buyer in the years when surplus water exists. .This could provide water for possibly another four or five years. He indicated that Morro Bay needed to start now to negotiate with the Coastal Commission. Mayor Dorn indicated that he had met with Mayor Cooper of San Luis Obispo on this matter. He felt encouraged that a solution might be made on a unit basis. He stated that negotiations would continue. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 28, 1980 Page 10 Dale Mitchell commented that nothing had changed regarding Whale Rock water. It had been that way for years. Mayor Dorn indicated that Mayor Cooper was very encouraging and they wanted a long-term solution such as Nacimiento or some other source which may be due to the Coastal Commission moratorium on water. Councilman Lemons asked how many council votes were necessary to approve policy. Mr. LeSage indicated that with only three members, it would require two votes, except for expenditure of funds and approval of contracts, franchises, etc. They would require the full three votes. Councilman Lemons asked whether the bids for the paving machine could be rejected. A discussion of the matter followed with Mayor Dorn expressing concern that the previous council had acted to accept the bids when this council had not had an opportunity to participate in the.decision. He felt it was a breach of faith and wanted to reconsider the matter. Mr. Guluzzy asked for direction to the staff. Mayor Dorn wanted to be shown that the machine could be used to the city's advantage. Mr. Bressan stated he believed it would be a cost- effective purchase. Councilman Lemons questioned whether the purchase should be made and questionsed the action of the previous council. Mayor Dorn requested no further action by staff until the council had an opportunity to discuss the matter. Mr. Bressan indicated that the city had good rapport with the company and didn't think failure to purchase would be 'a problem. A citizen in the audience wanted to know what was being done about the streets which were in such poor repair. He asked what the alternatives were. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 1-8, 1980 Page 11 Councilman Lemons indicated that the council wanted to make the best choice in this matter rather than just purchase the equipment based on the action of the previous council. * Council Request for Staff Action Councilman Lemons asked for a chronological list of what has taken place concerning the wastewater treatment plant. He also wanted to be sure that people in Cayucos were kept advised about the project. He also requested an executive session after the meeting. Mayor Dorn asked about the legal status of the action of the previous council on the R-1 snake -farm home occupation. Mr. LeSage asked if the permit had been issued. Mr. Gurnee indicated that the proposal fully complied with home occupancy privisions in the zoning ordinance. The premises will be subject to unannounced inspections. Mayor Dorn asked what would happen inf the council rescinded the previous action. Mr. LeSage indicated that since the permit was already issued there would be some vested rights so the council could not revoke the permit. Trying to do so might bring on a lawsuit. A citizen indicated that the snakes could still be called "house pets" as was a common practice with people who raised dogs. Mr. Gurnee indicated that the ordinance provided specifically for dogs but that the snake matter found a loop- hole because it was so unusual. He indicated that the permit allowed the sale of legal animals through mail order. Mr. LeSage indicated that the ordinance could be changed but eliminating this particular use would be more complex. A citizen indicated that the council had passed an ordinance about protecting property values and he felt the snake farm might fall under this provision. If it was affecting the values of neighboring properties it should be abated. Frank Williams indicated that citizens had spoken before the Planning Commission and the council. He questioned whether the use should be allowed in an R-1 zone. He thought his neighbor was a fine person but wanted the reptiles else- where. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 28, 1980 Page 12 Mr. Guluzzy indicated he would discuss the matter with the City Attorney. A citizen indicated that many people had jobs under the term "hobby" and that was how the snake thing started. The snake farm operator indicated that he would seek court assistance toeliminate other hobbies if his permit were removed. CONSIDERATION OF COMPUTER SYSTEM AGREEMENT Mr. Guluzzy indicated that the City needed a computer which could handle the double entry bookkeeping system and provide other financial services as described in tonight's City Administrator's report. Such a system was available in a joint participation project with the Cities of Atascadero and Paso Robles sharing the cost of the computer. The work load and paper volume had been increased by Proposition 4. He requested council approval of an agreement for interim services with Alexander Grant & Company and asked that council adopt Resolution No. 40-80 for that purpose. MOTION: Councilman Lemons moved that Resolution No. 40-80 be read by title only. The motion was seconded by Councilman Anderson and carried unanimously. Mr. Guluzzy read Resolution No. 40-80 by title only. "Resolution directing the Mayor and City Clerk to enter into an agreement for interim services with Alexander Grant & Company. MOTION: Councilman Anderson moved that Resolution No. 40-80 be approved. The motion was seconded by Councilman Lemons and carried unanimously on a roll call vote. POLICE RESERVE OFFICERS' RATE OF PAY Mr. Guluzzy explained the proposal to increase pay rate for police reserve officers from $3.10 per hour to $5.00 per hour. Councilman Anderson acknowledged that the reserve officers did a fine job and certainly paid their own way. MOTION: Councilman Lemons moved that the rate increase be approved. The motion was seconded by Councilman Anderson and carried unanimously on a roll call vote. • 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 28, 1980 Page 13 BIDS FOR AUTOMOBILES FOR ADMINISTRATIVE FLEET Mr. Guluzzy indicated that it would be appropriate tc seek bids for economy cars and asked council approval to reject bids received on March 20, 1980, and seek new bids. MOTION: Councilman Lemons moved that the bids be rejected and that new bids for economy cars be sought. The motion was seconded by Councilman Anderson and carried unanimously on a roll call vote. RESOLUTION NO. 37-80: Salmon Season Extension MOTION: Councilman Lemons moved that Resolution No. 37-80 by read by title only. The motion was seconded by Councilman Anderson and carried unanimously. Mr. Guluzzy read Resolution No. 37-80 by title only. "Resolution opposing reduction of salmon season." MOTION: Councilman Lemons moved that Resolution No. 37-80 be approved. The motion was seconded by Councilman Anderson and carried unanimously on a roll call vote. RESOLUTION NO. 38-80: California Fishery Management Council MOTION: Councilman Lemons moved that Resolution No. 38-80 be read by title only. The motion was seconded by Councilman Anderson and carried unanimously. Mr. Guluzzy read Resolution No. 38-80 by title only. "Resolution supporting HR-4638 which would create a separate California Fishery Council." MOTION: Councilman Lemons moved that Resolution No. 38-80 by approved. The motion was'seconded by Councilman Anderson and carried unanimously on a roll call vote. PLANNINC COMMISSION VACANCY Mr. Guluzzy reported that Paul Kelsay had resigned as chairman and member of the Planning Commission. Council Re'gu'est for Action The council accepted the resignation and instructed staff to prepare a certificate of appreciation for Mr. Kelsay. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 28, 1980 Page 14 RESOLUTION NO. 39-80: Request for Support of SB348 MOTION: Councilman Anderson moved that Resolution No. 39-80 be read by title only. The motion was seconded by Councilman Lemons and carried unanimously. Mr. Guluzzy read Resolution No. 39-80 by title only. "Resolution supporting Senate Bill 348." MOTION: Councilman Anderson moved that Resolution No. 39-80 be approved. The motion was seconded by Councilman Lemons and carried unanimously on a roll call vote. HARBOR ADVISORY BOARD APPOINTMENT MOTION: Councilman Lemons moved that Doug Riddell be appointed as a member of the Harbor Advisory Board. The motion was seconded by Councilman An- derson and carried unanimously. INTERIM RECREATION DIRECTOR Mr. Guluzzy announced that Mary Elizabeth Sanders had been appointed as interim Recreation Director. Mayor Dorn expressed concern about the recreation program and stated he would like to see programs to serve the entire -community. He expressed his intention to appoint a task force to study the recreational needs of the community. Leila Keiser expressed a need for a recreation professional to fill the position. GENERAL REVENUE SHARING HEARING Mr. Guluzzy reported that a general revenue sharing hearing had been advertised for 11:00 a.m. April 28, 1980, and no one had attended. He indicated that $54,159 would be added to this year's budget for wastewater treatment plant upgrading. He indicated that the council would now need to hold its hearing as required by law within the appropriate time frame. AD HOC COMMITTEES * Council -Request`-for Action The council agreed to disband ad hoc committees. Mr. Guluzzy was requested to notify the members. • 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 28, 1980 Page 15 MOTION: Councilman Lemons moved the meeting adjourn to Executive Session. The motion was seconded by Councilman Anderson and carried unanimously. The meeting adjourned to executive session at 9:50 p.m. The executive session adjourned at 11:00 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Kathleen T. Michel Acting Deputy City Clerk Approved: May 27, 1980 0 Ll CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL ADJOURNED MEETING APRIL 15, 1980, 7:00 p.m. Morro Bay Recreation Hall Call to Order (1) Resolution No. 32-80 declaring the result of the election canvass (2) Installation of City Council MINUTES - MORRO BAY CITY COUNCIL ADJOUIUSM MEETING APRIL 15, 1980, 7:00 P.M. Morro Bay Recreation Ball The meeting was called to order by Mayor Shelton at 7:15 p.m. ;filfii�i`\i�11 Present: Councilmen Reasor, Rosenberg, and Mayor Shelton Absent: Councilmen Cantine and Harmon STAFF PRESENT Donald F. Guluzzy, City Administrator Tom McGonagill, Director of Administrative Services Elizabeth Oakley, Deputy City Clerk Mayor Shelton stated the purpose of the meeting is to certify the election results and install the Council. MOTION: Mayor Shelton moved that Resolution No. 32-80 by read by title only. The motion was seconded by Councilman Rosenberg and carried with Councilmen Cantine and Harmon absent. Councilman Reasor stated the last paragraph on page 5 of the resolution should be changed to "two" years rather than "four" years. The Council concurred. Mr:r:Guluzzy read Resolution No. 32-80 by title only: A resolu- tion of the City Council, -of the City of:Morro Bay, California, reciting the fact of the General Municiapl Election held in said City of Morro Bay on the 8th day of April, 1980, declaring the result thereof and such other matters as are provided by law." MOTION: Mayor Shelton roved that Resolution No. 32-80 as revised be approved. The motion was seconded by Councilmen Rosenberg and carried withe Councilmen Cantine and Harmon absent. Mayor Shelton then turned the meeting over to the City Administrator to conduct the remainder of the meeting. Mr. Gul.uzzy presented the Certificates of Election to Warren M. Dorn, John Lemons, and Rodger J. Anderson. Judge Richard Kirkpatrick then administered the oath of office to Warren Dorn, John Lemons, and Rodger J. Anderson. Mayor Dorn, and Councilmen Lemons and Anderson addressed the com- munity and thanked them for their support during the campaign, expressed their appreciation for the assistance that was rendered to them, etc. 0 MINUTES - MORRO BAY CITY COUNCIL Adjourned Meeting - April 15, 1980 Page 2 MOTION: Councilman Lemons moved the meeting adjourn to Monday, April 28, 1980, at 7:30 p.m., in the Recreation Hall for the regular City Council meeting. The motion was seconded by Rcdger J. Anderson and carried unanimously. The meeting adjourned at 7:50 p.m. 0.R� • 4� �l DONAiD F. GULUZZY, City Clerk By: Elizabeth Oakley Deputy City Clerk Approved: May 12, 1980 CITY OF MORRO BAY AGENDA - MORRO BAY�CITY COUNCIL REGULAR MEETING APRIL 14, 1980, 7:30 P.M. Morro Bay Recreation Hall .Call to Order Pledge of Allegiance Invocation Public Comment 7:50 p.m. A. CONSENT CALENDAR A-1 Minutes of the March 10, 1980 Regular Meeting. A-2 Minutes of the March 24, 1980 Regular Meeting. A-3 Resolution No. 26-80: Award of bid to Howe Fire Equipment for purchase of a fire engine. (RECOMMEND APPROVAL) A-4 Resolution No. 27-80: Award of bid to Golden State Equipment for purchase of a Layton Asphalt Paver. (RECOMMEND APPROVAL) A-5 Resolution No. 28-80: Awarding lease site Al-4--offshore mooring area --to John Kirth of Morro Bay Marina, Inc. (RECOMMEND APPROVAL) A-6 Ratification of City Administrator's emergency purchase of a 26 foot Caulkins Bartender boat from City of Berkeley costing $7,500 to replace Harbor Patrol Boat. (RECOMMEND APPROVAL) A-7 Approval of Del Mar Park improvement plans and granting negative declaration. (RECOMMEND APPROVAL) A-8 Claims against the City by: (1) Donald Eugene Leatherwood for damage to his car by City police car; (2) LoBue Farms, Incorporated for water damage to home from storm drain; (c) Mervin Costa for damage to his car from a fallen tree; (d) Emil Glende for water damage to Casa Del Mar interior units, carports, and landscaping rock from water runoff; and (e) The Godinez family for injury to their son who slipped and fell on loose material on bleachers at Morro Bay Athletic Stadium. (CITY ADMINISTRATOR RECOMMENDS THAT ALL CLAIMS BE DENIED AND REFERRED TO INSURANCE CARRIER.) A-9 Resolution No. 29-80: Grant of Use Permit to Morro Bay Firefighters I.A.F.F. Local 1855 for a circus. (RECOMMEND APPROVAL) A-10 Resolution No. 30-80: Grant of Use Permit to Retail Trade Committee for a sidewalk sale. (RECOMMEND APPROVAL) A-11 Approval of amendment to SLO Council of Governments adding City of Atascadero as a member. (RECOMMEND APPROVAL) A-12 Approval of program supplement no. 2 to Local Agency -State Agreement to include North Main Street resurfacing project as part of Federal Aid Urban System project. (RECOMMEND APPROVAL) A-13 Contract with Merriam, Deasy and Whisenant to prepare an Environmental Impact Report on the "Sea Harbor Villa's Time Share Vacation Plan" project. (RECOMMEND APPROVAL) 9 City Council Agenda April 14, 1980 Page 2 A-14 Resolution no. 31-80: Budget Transfers totalling $188,075 for salary increases, emergency purchases, and day-to-day operations. B. NEW BUSINESS None. C. UNFINISHED BUSINESS 8:00 p.m. C-1 Ordinance No. 177: 1979 Fire Code Revisions (2nd reading) (RECOMMEND APPROVAL) D. HEARINGS, APPEARANCES, AND REPORTS 8:15 p.m. D-1 Public Hearing: Bay Ambulance request for rate increases and proposed amendments to contract by County of SLO 8:30 p.m. D-2 Public Hearing: Appeal by surrounding neighbors of Home Occu- pation Permit granted by Planning Commission to Terry Lilley to operate business of the care, breeding, and mail order sale of reptiles at 790 Luisita. 9:00 p.m. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUIFS - MORRO BAY CITY COUNCIL REGULAR MEETING APRIL 14, 1980, 7:30 P.M. Morro Bay Recreation Hall The meeting was called to order with the Pledqe of Allegiance at 7:30 p.m. by Mayor Shelton. Reverend Dear, City Chaplain, gave the invocation. Present: Councilmen Cantine, Hannon, Reasor, Rosenberg, and Mayor Shelton Absent: None Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney Tom McGonagill, Director of Administrative Services John Bressan, Public Services Director Bernie Zerr, Fire Chief Elizabeth Oakley, Deputy City Clerk Mayor Shelton thanked Reverend Paul Dear for providing the invocation before the Council meetings for the last two years. PUBLIC COMMENNT Bruce Risley expressed appreciation to the City Council for the services they provided. A. CONSENT CALENDAR A-1 Minutes of the March 10, 1980 Regular Meeting. A-2 Minutes of the March 24, 1980 Regular Meeting. A-3 Resolution No. 26-80: Award of bid to Howe Fire Equipment for purchase of a fire engine. (RBCOMMEND APPROVAL) A-4 Resolution No. 27-80: Award of bid to Golden State Equipment for purchase of a Layton Asphalt Paver. (REOWMEND APPROVAL) A-5 Resolution No. 28-80: Awarding lease site Al-4—offshore mooring area —to John Kirth of Morro Bay Marina, Inc. (RECOMMEND APPROVAL) A-6 Ratification of City Administrator's emergency purchase of a 26 foot Caulkins Bartender boat from City of Berkeley costing $7,500 to replace Harbor Patrol Boat. (RECO1,1MEND APPROVAL) A-7 Approval of Del Mar Park improvement plans and granting negative declaration. (RECONID= APPROVAL) A-8 Claims against the City by: (1) Donald Eugene Leathexwood for damage to his car by City police car; (2) LoBue Farms, Incorpora- ted for water damage to home from storm drain; (c) Mervin Costa E 11 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 14, 1980 Page 2 for damage to his car from a fallen tree; (d) Emil Glende for water damage to Casa Del Mar interior units, carports, and land scaping rock from water runoff; and (e) the Godinez family for injury to their son who slipped and fell on loose material on bleachers at Morro Bay Athletic Stadium. (CITY ADMINISTRATOR RECODZ ENDS THAT ALL CLAIMS BE DENIED AMID REFERRED TO INSURANCE CARRIER.) A-9 Resolution No. 29-80: Grant of Use Permit to Norm Bay Fire fighters I.A.F.F. Local 1855 for a circus. (RECOMMEND APPROVAL) A-10 Resolution No. 30-80: Grant of Use Permit to Retail Trade Committee for a sidewalk sale. (RECOMMEND APPROVAL) A-11 Approval of amendment to SLO Council of Governments adding City of Atascadero as a member. (RBMI*= APPROVAL) A-12 Approval of program supplement No. 2 to Local Agency/ State Agreement to include North Main Street resurfacing project as part of Federal Aid Urban System project. (RDCOMMEMD APPROVAL) A-13 Contract with Merriam, Deasy and Whisenant to prepare an Environ- mental Impact Report on the "Sea Harbor Villa's Time Share Vacation Plan" project. (RECOMPIETTID APPROVAL) A-14 Resolution No. 31-80: Budget Transfers totalling $188,075 for salary increases, emergency purchases, and day-to-day operations. Mayor Shelton reviewed the Consent Calendar. MOTION: Councilman Cantine moved the. Consent Calendar be approved. The motion was seconded by Councilman Harmon and carried unanimously. B. NEW BUSINESS None. C. UNFINISHED BUSIMIFSS C-1 Ordinance No. 177: 1979 Fire Code Revisions (2nd reading) (RBCU41ED APPROVAL) MOTION: Councilman P.easor moved that Ordinance No. 177 be read by title only. The motion was seconded by Councilman Harmon and carried unanimously. Mayor Shelton read Ordinance No. 177 4 }title only. "An Ordinance repealing Chapter 14.60 through 14.60.220 of the Morro Bay Municipal Code and Section 4300, through 4308 - Part III of Ordinance 15." MOTION: Councilman Reasor moved that this constitute the second reading and that Ordinance No. 177 be approved. The motion was seconded by Councilman Harmon and carried unanimously. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 14, 1980 Page 3 D-1 Public Hearing: Bay Ambulance request for rate increases and proposed amendments to contract by County of SLO. Mayor Shelton advised the Council that Bay Ambulance Service had requested their item be taken off of the agenda and continued to the April 28, 1980 Council meeting. Mr. Guluzzy stated staff is still reviewing the matter and is in need of additional data concerning the economics involved. Terri Harns from the County stated the Board of Supervisors decided in November not to fund the dry runs and indigents. The Board felt that the users of the service should pay for the services and the County should not subsidize a private company. The Board is therefore requesting that Morro Bay change the contract to reflect this. Mayor Shelton opened the meeting to Public Hearing. Mr. Parker stated he used Bay Ambulance and received a bill from them. Ile noted that he was billed for a device that was not requested by the doctor. He asked if that was allowed. The City Council requested that this matter be reserached and the rate increases request along with the proposed amendments to the contract by the County be scheduled for the April 28, 1980 meeting. D-2 Public Hearing: Appeal by surrounding neighbors of Hone Occu- pation Permit granted by Planning Commission to Terry Tilley to operate business of the care, breeding, and mail order sale of reptiles at 790 Luisita. Mr. Guluzzy reviewed the Community Development Director's memo- randum dated April 10, 1980 concerning this matter. Ralph Brokaw stated he does not feel any business should be allowed in an R-1 area; if business is going to be permitted then the zoning should be changed to residential/commercial. Frank Williams stated he lives next door to Ms. Lilley's house where he wishes to establish a reptile center. Reptiles include snakes, turtles, lizards, and crocodiles. He noted that he has lived at 798 Luisita for 17 years and has only seen one snake. Mr. Williams stated snakes require food and their food includes insects, mice, snails, and small chickens, which they eat alive, therefore Mr. Lilley will have to also raise these animals. Mr. Williams concluded his comments by requesting that the Planning Commission's decision be rescinded. 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 14, 1980 Page 4 Lee Ramsey, Attorney, stated he represents two elderly women who live in the area. He noted that a business will have a higher inventory than a household pet. The Covenants, Conditions, and Restrictions, on the homes in the area state that the area is for only private residents. Mr. Ramsey advised the Council that no business license or ficticious business statement has been obtained, yet in the March 15th and April 8th edition of Easy Ad there is an advertisement for the Central Coast Reptile Research Center. Mr. Lilley stated he has received a hare occupation permit. He then read a list of various how occupations throughout the City. Mr. Lilley noted that he has had his animals in the house for three years, and the only reason people know about them now is because he plans on selling them and needed to obtain a permit to do so. He stated if his home occupation is not allowed then all the other have occupations in the City should not be allowed. The snakes are not wild; they are domesticated. Mr. Lilley stated a couple of zoos want to purchase sane of his snakes, but they cannot purchase them fran soneone who does not have a business license. Mr. Lilley read several letters from children and teachers expressing their appreciation for his presentations at the the schools. Stanley Rachubka stated the purpose of residential zoning is to keep business out. He also noted that his wife is deathly afraid of snakes. Mr. Parker expressed support for Mr. Lilley's operation and stated people should not regulate what he does unless they have seen the operation. Dr. Fred Andoli, Herbology Instructor at Cal Poly stated that he could assure everyone that Mr. Lilley's snakes will not hurt anyone; none of them are venemous. A gentlemen fran the audience stated he has 16 grandchildren and that he wants them to fear snakes or else they might see a rattler and pick it up. A woman fran the audience stated a place of business should be in a co me_rcial area and not a residential area. She concluded her couTents noting that she does not object to the snakes and feels that they are a good learning experience. Mr. Lilley stated he does not make enough money to move to a commercial area. Mrs. Lilley stated their rain source of inco a cares from her husband's painting and that the hare occupation is only a side line. She stated that they are in hopes of getting enough capital built up so that they can move into a warehouse. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 14, 1980 Page 5 Mr. Campbell stated he feels the City should protect all of the people in it. He noted that he deals with rattlers everyday and every time he sees one he is scared of them. Tan Folks stated people fear the things that they do not )mow about, therefore, they should take the time to learn about these things so that they are not fearful. Councilman Rosenberg stated the real issue is to what extent is this home occupation effecting the neighbors. He then stated he does not consider fear to be a problem, nor any basis for denying the home occupation. Councilman Harmon noted that over the years the City has developed criteria to determine if something is an acceptable use for a resi- dential neighborhood. The request of operating the reptile business falls within these guidelines, therefore, there is no .ray to legally deny the request. Councilman Reasor stated the elderly population are not going to be educated, but perhaps the youth will. He then stated that fear is something that must be considered and the people who live in the neighborhood must also be considered. Councilman Reasor concluded his comlents stating that he does not feel the proposed hone occupation should be allowed in an R-1 zone. Councilman Cantine stated he has heard that one of the snakes got loose, and this matter has never been considered. lie then stated that he would like to support the Lilleys and that he had the absolute confidence in them. However, Councilman Cantine stated he would have to deny the request. Mayor Shelton stated the hone occupation ordinance is not in violation and he noted that it was recently updated. There are a lot of people who have home occupations, but do not even have a permit. Mayor Shelton concluded his cony ents stating he would suppor the requested hone occupation. MOTION: Mayor Shelton moved that the appeal be denied. The motion was seconded by Councilman Harmon and carried with Council- man Reasor and Cantine voting no. E. INDIVIDUAL DETERMINATION AMID/OR ACTION E-1 City Council the City Council expressed its appreciation for one another's efforts along with its appreciation for staff's efforts. E-2 City Attorney None. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 14, 1980 Page 6 E-3 City Administrator Mr. Guluzzy advised the Council that the Fire Department would like to burn, as a training exercise, the area where the Master Mall is to be built. He noted that the owner has given permission. MOTION: Councilman Cantine moved that the City Council authorize the Fire Department to burn the Master Mall site location as a training exercise. The motion was seconded by Mayor Shelton and carried unanimously by roll call vote. Councilman Rosenberg stated he would like for the exercise to be scheduled at such a time that would not be too inconvenient for the downtown and to put up detour signs to provide the necessary traffic circulation. Councilman Reasor suggested that staff check with the businesses on the surrounding block as to a convenient time. Chief Zerr stated he wasn't sure detour signs would be necessary, but that he would discuss the matter with the City Administrator. Councilman Rosenberg suggested this exericise be used for edu- cational purposes and announce when it will occur. He also suggested a bull horn be used. Mr. Guluzzy advised the Council that he and John Bressan attended the Water Quality Control Board Meeting in Solvang. He noted that monies for wastewater have been curtailed. Morro Bay originally was rated C-5 but has not been raised to B-5 for Step 3 Construction Funding. State approval must now be obtained. MOTION: Mayor Shelton moved the meeting adjourn to Tuesday, April 15, 1980 at 7:00 p.m. to certify the election results. Councilman Rosenberg stated originally he was going to make himself available in the morning on April 15, 1980 and that he would have stuck with this but he has heard of certain things that he highly does not approve of. Therefore, he stated he would not be available the morning, of April 15, but would be at the evening meeting. Mayor Shelton stated it has been the present Council's tradition for the past two years to meet either during the day on weekends, or during the time when there could be full public participation. Mayor Shelton stated because most of the Council members work, a quorum could not be obtained for April 15th t[orning. He then stated that he feels he has the responsibility of setting the time so that the people of Morro Bay can attend. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 14, 1980 Page 7 Councilman Reasor stated he would be available any time on April 15, 1980. The motion carried unanimously. DONALD F. GULUZZY, City Clerk By: Elizabeth Oakley Deputy City Clerk Approved: May 12, 1980 CITY.OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING MARCH 24, 1980, 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Public Comment A. CONSENT CALENDAR A-1 Minutes of the January 28, 1980 Regular Meeting. A-2 Minutes of the February 25, 1980 Executive Session. A-3 Minutes of the March 5, 1980 Special Meeting. A-4 Expenditure Report for February 1, 1980 through February 29, 1980. (RECOMMEND APPROVAL) A-5 Contract with Richmond, Rossi, and Montgomery for Environmental Impact Report on Loperna rezoning and subdivision at developer's expense. (RECOMMEND APPROVAL) A-6 Claim against City by Doyle Rogers for damage to his pickup windshield caused by City truck. (RECOMMEND DENIAL AND REFER TO INSURANCE CARRIER) A-7 Claim against City by James Merzon for damage to car window by Morro Bay police officer. (RECOMMEND DENIAL AND REFER TO INSUR- ANCE CARRIER. A-8 Approval of 1980/81 Handicapped Transit budget proposed by San Luis Obispo Regional Transit Authority. (RECOMMEND APPROVAL) A-9 Extension of Morro Bay Marina Lease site Al-4 from March 31 to April 30, 1980 to allow time for staff to analyze bids for the lease site. (RECOMMEND APPROVAL) A-10 Intra-departmental budget transfer of funds totaling $4,596.00 for Police Department purchases. B. NEW BUSINESS B-1 Ordinance No. 177: 1979 Fire Code Revisions (1st reading). C. UNFINISHED BUSINESS None. D. HEARINGS, APPEARANCES, AND REPORTS D-1 Public Hearing: Conflict of Interest Code. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING MARCH 24, 1980, 7:30 P.M. Morro Bay Recreation Hall The meeting was called to order with the Pledge of Allegiance at 7:30 p.m. by Mayor Shelton. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL Present: Councilmen Cantine, Reasor, Rosenberg, and Mayor Shelton Absent: Councilman Harmon STAFF PRESENT Donald F. Guluzzy, City Michael T. LeSage, City Bernie Zerr, Fire Chief Tom McGonagill, Director Elizabeth Oakley, Deputy PUBLIC COMMENT Administrator Attorney of Administrative Services City Clerk Mr. Gaines advised the Council while he was attending the Senior Citizens Candidate's Night at the Veteran's Hall on Friday, March 21, 1980, that Ed Nungaray,'a reserve Firefighter, came up to him and put his arm around him and insulted him with an off-color joke (sic). He then stated that he would like to make a complaint against Mr. Nungaray under the City's Code of Ethics. Mr. Gaines noted that the City has a contract with Certified Electronics, and Mr. Nungaray had on his uniform from the electronics firm and was servicing the sound equipment, therefore he was not at the Veteran's Hall in the capacity of a private citizen. Mr. Gaines stated he objected to being insulted because of his thoughts, actions, or criticism of government. Mr. Gaines relayed an incident that occured between himself and Dale Reddell after Candidate's Night was over. He stated that Mr. Reddell deliberately stepped in front of him and butted him with his stomach to prevent him from leaving the building. Mr. Gaines also stated that he told Mr. Reddell to either get out of his way or else he would knock him out of the way. Mr. Gaines advised the Council that he was going to "pop Mr. Reddell" with his fist but Rusty Reddell grabbed him from behind and prevented him from doing so. Mr. Gaines then read a newspaper article entitled "Precinct Workers are Prejudice." Dale Reddell stated in the article that the removal of certain precinct workers should be done or else they should be watched to make sure that voters can cast their ballot without fear or reprisal. Mr. Gaines questioned how Mr. Reddell can be trusted when he acts like this. He then requested that the Police Department patrol the precincts. MINUTES - MORRO BAY CITY COUNCIL March 24, 1980 Regular Meeting Page 2 * COUNCIL REQUEST FOR ACTION Mayor Shelton requested that Mr. Guluzzy look into this matter as it relates to Conflict of Interest. Dale Reddell stated that Howard Gaines instigated everything that happened at the door. He noted that he was not standing in Mr. Gaines way, and that Mr Gaines ran into him and threatened him. Mr. Reddell stated that his 17 year old son grabbed Mr. Gaines' arm so that he wouldn't hit him. He then noted that he did not hear what Mr. Nungaray said to Mr. Gaines, but felt that Mr. Nungaray has a right to his opinion. Mr. Reddell also stated that he did not think that it is right for Mr. Gaines to think that he can ask for Mr. Nungaray's City job just because he thinks he has that kind of power. Bob Ward stated he was a witness to what occurred. He noted that he was talking and standing with Dan Reddell near the Veteran's Hall door and that Lester Forbes was no more than two feet from his left arm. During the conversation Mr. Gaines came up and got the attention of Mr. Forbus and told him that he had just been approached by an employee who had made an off-color remark to him and that he was very upset about it. Mr. Gaines said "I will fix him, but he doesn't work for the City, but if he has any contracts with the City I will fix those". Mr. Ward stated that Dale Reddell came up and was standing next to his brother and Dale Reddell was telling Dan Reddell about the in- cident. Mr. Gaines asked Dale Reddell to get out of his way and he did not. At this point Mr. Gaines drew back his arm to hit Dale Reddell and was restrained by Dale Reddell's son Rusty. Mr. Ward stated he asked Ed Nungaray about the remark that he had made to Mr. Gaines. Mr. Nungaray stated that he had taken Mr. Gaines over to the side and made the remark in private. Mr. Ward stated he was advised by Manny DeDeos, the employer of Mr. Nungaray, that Mr. Gaines went to the Fire Department and approached Fire Chief Zerr. Mr. Gaines told him that he wanted Mr. Nungaray to be reprimanded, and did not directly ask for his job, but implied that the Fire Chief should ask Mr. Nungaray to resign. Mr. Ward noted that Mr. Gaines is the head of the City's Finance Committee, and in this position he should not threaten to get people's City contracts or City jobs, nor should he imply that he has this kind of power. Mr. Ward stated an investigation should include a review of Mr. Gaines' position and use of power --if he has such power. If the investigation shows that Mr. Gaines is out of order he suggested that the Council insist upon his resignation. He then stated if Mr. Gaines belongs to the Citizens Action League that they should not endorse his behavior and should ask him to resign. 0 • MINUTES - MORRO BAY CITY COUNCIL March 24, 1980 Regular Meeting Page '3 Lester Forbus stated he was standing a little bit to the rear and the right of Howard Gaines, when Mr. Gaines said "lets get out of here." As Mr. Gaines started to go through the door Mr. Reddell moved sideways and'"belly-butted" Mr. Gaines. Mayor Shelton stated this is an administrative matter and requested that the participants and observers relate their information to the City Administrator rather than airing this publicly. Mr. Campbell stated he attended the Outer Continental Shelf Lease Sale #53 meeting that was held on Saturday, March 22, 1980. He noted that all of the speakers were "no oil" people and that he would have liked to have had some "pro oil" people speak. He then stated that he is not for or against oil development, but that he is against the tactics used to try and influence the citizens of Morro Bay. The representative from the Bureau of Land Management stated that there is nothing in writing that states a 15 acre site will be taken over from the waterfront. Mr. Campbell encouraged that future meetings consist of a panal of the various interest groups in the City. Jack Hanson, President of Morro Bay Fishermen's Association (MBFA) stated the largest majority of the fishing fleet has been tied up because of the influx of fish that has been brought in from Canada, tariff -free, and the modernization of the fishing fleet that over- supplies the market with fish. The fishermen are in a position where they cannot go fishing because they will either break even, just trade dollars, or work at a loss. . Mr. Hanson stated last summer a boat was selling shrimp directly to the public, and because of a complaint from a fish buyer in town, they were ordered to stop selling fish to the public. The Harbor Patrol was told if any boats were seen selling fish to the public to contact the police immediately. Mr. Hanson stated the fishermen feel that they should have the right to sell fish directly to the public so that they can break even or come up with a little profit. They are not trying to put the pre- sent fish buyers out of business. Mr. Hanson stated the sale of the fish from the boat to the public would be a great asset to the town financially, in terms of attracting more tourists to the area. rt would also benefit the buyers that are here now. The MBFA would 'like to have control and be responsible for the condition that the fish are sold in. The only time that the fishermen would sell their fish in this manner is when- ever they cannot break even or make a dollar. He then requested that the City's ordinance be changed to give the fishermen this right. MINUTES - MORRO BAY CITY COUNCIL March 24, 1980 Regular Meeting Page 4 Councilman Cantine stated he would support anything that would help the individual fishermen to survive in Morro Bay. An economic profile, that was done previously, showed that the commercial fisher- men are third in terms of importance to the economy in Morro Bay. He then stated there is no difference between a people's market to sell vegetables and a people's market to sell fish from the producer to the consumer. Mr. Hanson stated it has been suggested that the fishermen sell their fish at a street -end with a pier, but they would also like the stipulation that they can sell their fish off of their boat. There are about 120 to 130 members in the Association. Mr. Guluzzy stated he would like for this request to be referred back to staff so that a report could be provided to Council concerning this matter. COUNCIL REQUEST FOR ACTION Councilman Cantine suggested a committee be formed consisting of the Morro Bay Fishermen's Association representative, City staff, and a City Councilman. Councilman Rosenberg stated he would agree with the committee concept. COUNCIL REQUEST FOR ACTION Mayor Shelton stated he would like for the City staff to research the request, examine all elements relating to this, and have a Council- man meet with the fishermen and the fish buyers to discuss specific proposals. Dave Hunter stated he is speaking for himself and he advised the Council that he has a small boat. He then stated he went to City Ball to investigate the 'legality of selling his fish directly to the public. A business license is needed and the City's rules do not consider a boat to be a place of business, therefore, a business license could not be issued. The State of California already authorizes fishermen to sell fish directly from their boats to the public and the City of Morro Bay can't stop them from doing this. He concluded his comments by stating that he can only see two individuals, who are wholesalers, that do not want the competition. He then questioned whether the committee was necessary, and whether approvals from fish buyers, City Hall, associations, etc. are necessary. Mayor Shelton stated it is necessary for staff to look at the effects the change in the ordinance would have, look at past enforce- ment, and look at the effects on the community, buyer, fishermen, con- sumer, etc. MINUTES - MORRO BAY CITY COUNCIL March 24, 1980 Regular Meeting Page 5 M'May Diffley stated she has lived in and around places where boats sell their fish. It works in Datona Beach, Florida, and Brazil. The fish are sold so rapidly that they do not ice them; they do not even have to clean them. The Citizen's Action League hopes that the Council will expedite the fishermen's request as soon as possible. Councilman Rosenberg stated he does think that people should be prevented from doing business just because there is already someone else doing that same type of business. He concluded if there is not a health problem, that he would support the change in ordinance. Ron Baker stated he is a local fishermen and that he needs a fish buyer. He then stated he just wants the right to be able to sell off of his boat. Betty Floercky, Chamber of Commerce, stated she would like to recognize the efforts of the people who participated in the harbor boat accident. Certificates were presented to: Jerry Mendez, Ed Williams, Tom Stein, Steven Plowman, Stevan Van Stone, Craig Cowman, Phillip Ease, Craig Crawford, Thomas Johnson, Carl Williams, and Carl Hesse. Mrs. Floercky then invited everyone to attend the last Candidate's Night, sponsored by the Chamber of Commerce, Monday, March 31, 1980, 7:30 p.m, at the Golden Tee in the Skyroom. Mayor Shelton presented an award of commendation to Jerry Mendez and Ed Williams for their actions in the harbor boat accident. Mayor Shelton presented a plaque to Councilman Rosenberg for his services as a City Councilman which he provided from October 23, 1978 to April 14, 1980. A. CONSENT CALENDAR A-1 Minutes of the January 28, 1980 Regular Meeting. A-2 Minutes of the February 25, 1980 Executive Session. A-3 Minutes of the March 5, 1980 Special Meeting. A-4 Expenditure Report for February 1, 1980 through February 29, 1980. (RECOMMEND APPROVAL) A-5 Contract with Richmond, Rossi, and Montgomery for Environmental Impact Report on Loperna rezoning and subdivision at developer's expense. (RECOMMEND APPROVAL) A-6 Claim against City by Doyle Rogers for damage to his pickup windshield caused by City truck. (RECOMMEND DENIAL AND REFER TO INSURANCE CARRIER) 'A-7 Claim against City by James Merzon for damage to car window by Morro Bay police officer. (RECOMMEND DENIAL AND REFER TO INSUR- ANCE CARRIER. MINUTES - MORRO BAY CITY COUNCIL March 10, 1980 Regular Meeting Page 6 A-8 Approval of 1980/81 Handicapped Transit budget proposed by San Luis Obispo Regional Transit Authority. (RECOMMEND APPROVAL) A-9 Extension of Morro Bay Marina Lease site Al-4 from March 31 to April 30, 1980 to allow time for staff to analyze bids for the lease site. (RECOMMEND APPROVAL) A-10 Intra-departmental budget transfer of funds totaling $4,596.00 for Police Department purchases. Mayor Shelton reviewed the Consent Calendar and stated that items A-6 and A-7 should be pulled, per staff request, because the claims have been paid. MOTION: Councilman Cantine moved that items A-1 through A-5 and A-8 through A-10 be approved. The motion was seconded by Councilman Reasor and carried by roll call vote with Councilman Harmon absent. B. NEW BUSINESS B-1 Ordinance No. 177: 1979 Fire Code Revisions (1st reading). Chief Zerr reviewed the following significant changes to the Fire Code that are being proposed: (1) Require automatic fire extinguishing equipment over cooking surfaces. Kitchens of commercial establishments. (2) Requires metal trash cans in -lieu of plastic ones. (3) Requires gas meters to be protected from vehicular damage. (4) Requires all decorative material in places of public assembly to be fire retardent treated. (5) Requires paint spray booths to have automatic fire extinguishing equipment. (6) Any building constructed hereafter that exceeds 10,000 square feet shall be provided with an automatic fire sprinkler system. (7) Citation powers given to firemen to enforce the Fire Code. Councilman Rosenberg asked if item #2 applied to residences. Chief Zerr stated #2 is only applicable to commercial businesses. Mr. Campbell questioned the need to have the gas meters protected as stated in #3. MINUTES - MORRO BAY CITY COUNCIL March 10, 1980 Regular Meeting Page 7 MOTION: Councilman Rosenberg moved that Ordinance No. 177 be read by title only. The motion was seconded by Councilman Cantine and carried with Councilman Harmon absent. Mr. Guluzzy read Ordinance No. 177 by title only. "An Ordinance repealing Chapter 14.60 through 14.60.220 of the Morro Bay Municipal Code and Section 4300 through 4308, Part III of Ordinance No. 15". MOTION: Councilman Rosenberg moved this constitute the first reading of Ordinance No. 177. The motion was seconded by Councilman Cantine and carried by roll call vote with Councilman Harmon absent. C. UNFINISHED BUSINESS None. D. HEARINGS, APPEARANCES, AND REPORTS D-1 Public Hearing: Conflict of Interest Code. No public comments were offered. MOTION: Mayor Shelton moved that the Conflict of Interest Code be read by title only. The motion was seconded by Councilman Cantine and carried with Councilman Harmon absent. Mr. Guluzzy read by title only: "Conflict of Interest Code of the City of Morro Bay." MOTION: Councilman Rosenberg moved that all of the Conflict of Interest Codes for the various City departments be accepted and approved by the City Council serving as Code Reviewing Body. The motion was seconded by Mayor Shelton and carried with Councilman Harmon absent. Break: 8:50 p.m. Reconvened: 9:00 p.m. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Councilman Reasor requested an Executive Session to discuss personnel. Councilman Cantine stated he would like to have a report con- cerning the dog problem in Morro Bay. * * * MINUTES - MORRO BAY CITY COUNCIL March 10, 1980 Regular Meeting Page 9 COUNCIL REQUEST FOR ACTION Councilman Cantine stated he is concerned with the safety of the eldery and the children in Morro Bay. He then stated that he wants staff to research this matter further, whereby action can be taken immediately, at a local level, rather than having to wait for the County. Councilman Cantine concluded his comments stating that he would like to have this looked into for discussion during budget time. COUNCIL REQUEST FOR ACTION Mayor Shelton suggested the City look into contracting with a private individual to handle the dogs. COUNCIL REQUEST FOR ACTION Councilman Rosenberg stated he would like to see various alterna- tives developed to be discussed at budget time. He suggested stiffer penalties be looked into, raise the fines for dog owners to pay, designate a specific day to pick up all unleashed dogs in a parti- cular area, etc. Mr. Campbell stated one of the enjoyments people have in Morro Bay is being able to walk from place to place, however, this cannot always be done because of the dogs running loose. He then suggested that small signs be posted in the parks stating that dogs must be on a leash. * COUNCIL REQUEST FOR ACTION Mayor Shelton stated he would like staff to research this matter and bring it back during budget review. Francis Colson stated the dogs in her neighborhood run up and down the streets loose, the owners pay the fines whenever their dogs are picked up, but the dogs still run loose. Therefore, the fines should be doubled. She noted that a lot of people who live in the valley come over to Morro Bay with their dogs and cats and dump them here and leave. Mayor Shelton stated the Pacific Fishery Management Council has recommended to the Secretary of Commerce that the salmon season be closed to commercial fishing stop at Cape Vizcaino; this would effect a good portion of Morro Bay's fishermen. This will go to the Depart- ment of Commerce for a 45 day review period. He then reviewed a bulletin from the Pacific Coast Federation of Fishermen's Association that states that the two week closure in June and four week closure MINUTES - MORRO BAY CITY COUNCIL March 10,'1980 Regular Meeting Page 8 Mr. Guluzzy advised the Council that Police Chief Al Olson has been researching the problem. For the,period covering July through December, 1979 the following 93 calls were made: TYPE OF CALL TOTAL Lease Law 26 Barking Dog 62 Dog Bite 4 Miscellaneous 1 TOTAL 93 Mr. Guluzzy noted that the County Animal Control Service received 195 calls from July through December, 1979 from citizens of Morro Bay relative to lease law violations. Those calls represent approximately 10 percent of the total calls received in other cities and county areas for the same type of violation. He then noted during the six month period that 90 percent of the total citations issued by the Animal Regulation were for violation of the leash law; 10 percent were licensing violations; and of the total citations issued 30 percent were issued to non-residents of Morro Bay. Mr. Guluzzy stated staff has two alternatives: (1) Upgrade current contract for animal control with San Luis Obispo Department of Animal Regulations. With an increase in contract, also comes additional cost for the subsequent increased services. (2) Hire additional City personnel to operate an animal services unit for the City. Additional expenses would include the hiring of personnel, equipment, vehicles, training, maintenance, supplies, housing, vetrinary health care, etc. For a City to operate its own animal services unit is an extremely expensive proposition which cannot be offset by the generated revenues of the unit. Mr. Guluzzy noted that the Police Chief feels that there is not an excessive, significant animal problem in Morro Bay and he recom- mends the following: (1) Renew, in June, the contractual agreement between the City of Morro Bay and the County Animal Regulation Department, with the same level of services currently provided. (2) Continue having police officers enforce the provisions of the Morro Bay Municipal Code relating to violations of the leash law and issue citations to owners of animals in violation of the law when the owners can be identified and observed.0 MINUTES - MORRO BAY CITY COUNCIL March 10, 1980 Regular Meeting Page 10 would mean about 17% to 41% decrease in the income for the commercial fishermen. Mayor Shelton then stated that he would like to ask the Council to adopt a resolution to be sent to the Department of Commerce indicating the economic effect of such a closure, and request that the closure period at Cape Vizcaino be reconsidered. Councilman Rosenberg stated without studying the issue further, and knowing why the closure is being proposed, that he could not support the resolution. Councilman Cantine stated he would like to receive a report from the Fishermen's Association concerning this matter. COUNCIL REQUEST FOR ACTION The City Council requested that this matter be scheduled for the April 14, 1980 Council meeting. Councilman Rosenberg requested that two resolutions be formulated for the meeting; (1) expressing concern, and (2) opposition. Mayor Shelton addressed the issue of "Item Pricing" that was brought up by the Retail Clerks International Union Local 899 re- questing that the City adopt an ordinance relating to the pricing of consumer commodities in grocery stores that use automatic checkout systems. Councilman Rosenberg stated that he has no problem with adopting an ordinance that requires a price be displayed for each type of item, but that does not feel that each individual item should have a price upon it. He then stated he is concerned with the word "each" in item "b" . Councilman Reasor stated the error rate is very high with item pricing. He then stated since -automatic checkout systems are not in Morro Bay, and probably will not be for awhile, he suggested waiting to address the matter. Mayor Shelton stated he would like the Item Pricing Ordinance to go to staff for research and a report provided addressing issues, e.g., will the ordinance be beneficial, will it be anti -consumer, will it drive prices up, etc. Councilman Cantine stated•he agrees with Councilman Reasor and felt it should be held off until after the budget. Councilman Rosenberg asked if any progress had been made concerning the Morro Bay Aquarium seals. MINUTES - MORRO BAY CITY COUNCIL March 24, 1980 Regular Meeting Page 11 Mayor Shelton stated federal representatives have come to Morro Bay and told the Tylers that they must conform.to the federal regulations. Mr. Guluzzy stated he understands that the federal government is going to give her up to three years to comply with the new regulations. E-2 City Attorney None. E-3 City Administrator Mr. Guluzzy stated the Public Services Director is recommending a stop sign be installed at Embarcadero and Beach and this will be scheduled for a public hearing at the next meeting. Mr. Guluzzy advised the Council that he and the Finance Director would be going to Sacramento on March 26, 1980 to meet with the State Controller concerning the State bailout funds. Mr. Guluzzy stated he is still researching the feasibility of a Joint Powers Agreement between Morro Bay, Paso Robles, and Atascadero for a computer system. He also noted that he met with Alexander Grant and Company and would be meeting with Optimum Services on Friday, March 28, 1980. Councilman Rosenberg stated his computer firm has made a quote to provide computer services for Morro Bay. He then stated initially he served on the committee in a consultant capacity to make recommen- dations concerning the process, setting up a time schedule, answering questions, procedures that the City should use, etc. After this he was no longer involved until about four weeks ago. Councilman Rosenberg stated Hewlett Packard came to his firm and they advised him that they had received requests for a JPA system and since he has a local branch they asked him if he wanted to bid on it. Councilman Rosenberg checked with the City Attorney concerning a possible conflict of interest and was advised that as long as he didn't take any vote on it, or was involved in any way then there would be no problem. Mr. Guluzzy advised the Council that several bid awards would be scheduled at the April 14, 1980 meeting. He also noted that all of the budget transfers would be scheduled too. Mayor Shelton stated there would not be a Study Session on March 26, 1980. MOTION: Mayor Shelton moved the meeting adjourn to Executive Session to discuss personnel. The motion was seconded by Councilman Reasor and carried with Councilman Harmon absent. MINUTES - MORRO BAY CITY COUNCIL March 10, 1980 Regular Meeting Page 12 The meeting adjourned to Executive Session at 10:04 p.m. and returned to Regular Session at 10:25 p.m. MOTION: Mayor Shelton moved the meeting adjourn to Monday, April 14, 1980, at 7:30 p.m. for a regular meeting. The motion was seconded by Councilman Cantine and carried with Councilman Harmon absent. The meeting adjourned at 10:25 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Oakley Deputy City Clerk CITY OF MORRO BAY AGENDA - PUBLIC FORUM MARCH 21, 1980 3:00 P.M. Morro Bay Recreation Hall Outer Continental Shelf Lease Sale #53: Program Participants (1) Honorable Leon Panetta, Congressman (16th District) (2) Honorable Kurt Kupper, San Luis Obispo County Board of Supervisor (3) Mr. T. Keith Gurnee, Morro Bay Community Development Director (4) Mr. William Grant, Bureau of Land Management Representative (5) Mr. Henry Meyer, Audubon Society Representative (6) Mr. Ron Decarli, San Luis Obispo County Planning Representative (7) Honorable Henry Mello, Assemblyman (28th District) QUESTIONS, ANSWERS, AND TESTIMONY 0 0 MINUTES - MORRO BAY CITY COUNCIL STUDY SESSION MARCH 12, 1980, 5:15 p.m. Morro Bay Recreation Hall The meeting was called to order at 5:30 p.m. by Mayor Shelton. ROLL CALL Present: Councilmen Harmon, Reasor, and Mayor Shelton Absent: Councilmen Cantine and Rosenberg STAFF PRESENT Donald F. Guluzzy, City Administrator Angela Grenz, Environmental Engineer Elizabeth Oakley, Deputy City Clerk (1) Brown and Caldwell Status Report Mr.'Guluzzy stated the meeting was advertised for the purpose of providing a status report concerning the Water Management Plan. He then provided some background information about the City's grant con- ditions imposed by the State. Mr. Guluzzy concluded his comments noting additional progress reports would be made on May 14, 1980 and June 9, 1980 to discuss the Water Management Plan and Reclamation Scheme. Angela Grenz introduced Lynn Hartford, Vice President of Brown and Caldwell. Mr. Hartford stated he and Tom Sheahan the Project Manager, will: (1) review the study objectives, (2) review what the output of the study will be, (3) discuss the groundwater mechanics as to what is happening in the acquifer, and (4) discuss saltwater intrusion --when it is and is not occurring. Mr. Sheahan stated the purpose of the study is to comply with a condition established by the State Water Resources Control Board for grant funding of the wastewater project. The second purpose of the study is to define, based upon available data, and within time con- straints, what is the best plan for the City to follow in managing its available water supplies. He then stated in reviewing the study Brown and Caldwell (B & C) 'determined that the final Water'Management Plan was something much larger in scope then what could be done within a few months of time and within a limited budget, therefore, a two -phased approach was devised. The items that could be done given the constraints of existing data and the answers that are anticipated to be provided are called Phase I. One of the elements of Phase I is to decide what needs to be done to finalize the plan. B & C put together, and had approved • 0 MINUTES - MORRO BAY CITY COUNCIL March 12, 1980 Study Session Page 2 by the State Board, a statement of output of the study. He then refe- renced Phase I Preliminary Groundwater Basin Management Plan items 1-12. All things that are not included within Phase I will be the basis of Phase II. The study has been set up to deal with available data. Some of the data is very good; there are some areas in which there is very little or no data. He noted if the study were to be held up until the data was available it would take many years. Mr. Sheahan reviewed the following three elements of the Scope of Work: (1) Establish existing situation by looking at the hydro- logic budget, groundwater quality, historical trends, water quality standards, and water demand; (2) Reclamation as a potential element of a Water Management Plan. B & C will be looking at how modifica- tions to the extraction plan could be implemented to improve water supply and perhaps water quality; (3) Review the background informa- tion, compare the various elements, and develop a preliminary Water Management Plan. The plan will be presented in detail showing the costs involved and will develop an implementation scheme. Mr. Sheahan then reviewed the B & C staff who are working on the project. He noted that all of the work is being done from the Pasadena office by B & C except for water quality. Enwatts is a subconsultant that B and C is using and their principal is Robert T. McLaughlin. Mr. Sheahan stated B & C plans to have a draft report by May 30th to the City Council concerning the project scheduling. Prior to com- pleting this draft report, Mr. Sheahan suggested B & C discuss it with Council at a meeting. On June 9th B & C plans to make a presen- tation to the Council concerning the final recommendations and the final Water Management Plan. Mr. Sheahan referenced a letter from B and C to the City noting a summary report letter is sent to the City on a monthly basis. Its purpose is to transmit B and C's invoice and keep the City advised of the status of the project. Councilman Reasor questioned the potential safe yields out of the existing basins. Mr. Sheahan stated safe yields can only be considered in terms of overdraft and vice versa. The most definitive definition of this term has resulted through the San Fernando Groundwater Judification Case and the court held that an overdraft occurs when extractions exceed the safe yield plus temporary surplus. Temporary surplus is the amount of water that can be pumped from a basin to provide storage space for surface water that would be wasted during wet years. MINUTES - MORRO BAY CITY COUNCIL March 12, 1980 Study Session Page 3 Mayor Shelton asked if B & C's study would be able to provide the Council with a conclusion concerning low water yield from drought conditions. Mr. Sheahan stated B & C will have to give their best judgement as to what the long-term yields from the Morro and Chorro creek ground- water basins are. Councilman Reasor noted that people have gone to bottle water because of the salt water intrusion in the regular faucet water. Mr. Sheahan stated the fact that there is a higher TDS in the water from the well, which has some indication of it being sea water, does not necessarily mean that the amount of sodium in mass water being supplied to the customer is harmful. The problem is not in providing a supplemental water supply, but in properly operating the well system so that the high sodium chlorides do not occur. Mr. Sheahan presented several overhead transparencies depicting the seawater and freshwater groundwater basin. Mayor Shelton stated in the future he would like for the status report's outline of topics that are to be discussed at a Council meeting to be published in the Sun -Bulletin. MOTION: Mayor Shelton moved the meeting adjourn to Monday, March 24, 1980, at 7:30 p.m. in the Recreation Hall for the Regular Council meeting. The motion was seconded by Councilman Harmon and carried unanimously. The meeting adjourned at 6:25 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Oakley Deputy City Clerk r ] CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING MARCH 10, 1980, 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Public Comment A. CONSENT CALENDAR A-1 Minutes of the January 28, 1980 Regular Meeting A-2 Minutes of the February 25, 1980 Regular Meeting A-3 Minutes of the February 25, 1980 Executive Session A-4 Expenditure Report: January 1, 1980 through January 31, 1980 (RECOMMEND APPROVAL) B. UNFINISHED BUSINESS None C. NEW BUSINESS C-1 Adoption of Conflict of Interest Code C-2 Request for Use Permit: Resolution No. 21-80 Firemen's Muster C-3 Transfer of lease sites nos. 90 and 90W and change in use D. HEARINGS, APPEARANCES, AND REPORTS D-1 Rate increase: Bay Ambulance Company' f' D-2 Status report: Major projects undertaken by City of Morro Bay E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING MARCH 10, 1980, 7:30 P.M. Morro Bay Recreation Hall The meeting was called to order with the Pledge of Allegiance at 7:30 p.m. by Mayor Shelton. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL Present: Councilmen Cantine, Harmon, Reasor, Rosenberg, and Mayor Shelton Absent: None STAFF PRESENT Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney John Bressan, Public Services Director Tom McGonagill, Administrative Services Director T. Keith Gurnee, Community Development Director Elizabeth Oakley, Deputy City Clerk PUBLIC COMMENT None. A. CONSENT CALENDAR A-1 Minutes of the January 28, 1980 Regular Meeting. A-2 Minutes of the February 25, 1980 Regular Meeting. A-3 Minutes of the February 25, 1980 Executive Session. A-4 Expenditure Report: January 1, 1980 through January 31, 1980 (RECOMMEND APPROVAL). Mayor Shelton reviewed the Consent Calendar. Councilman Cantine stated he would like item A-1 pulled because it had not been received by the Council and item A-3 pulled for cor- rection. The Council concurred. MOTION: Councilman Cantine moved that items A-2 and A-4 be approved. The motion was seconded by Councilman Reasor and carried unanimously by roll call vote. B. UNFINISHED BUSINESS None. MINUTES - MORRO BAY CITY COUNCIL March 10, 1980 Regular Meeting Page 2 C. NEW BUSINESS, C-1 Adoption of Conflict of Interest Code Mr. Guluzzy stated the City Council previously adopted a resolu- tion which cited March 10, 1980 as the deadline for department heads to submit their Conflict of Interest Codes which are mandated by the State. The positions involved are City Administrator, Administrative Assistant, City Attorney, and the department heads. In some cases other positions have been designated by a department head, e.g., the Fire Captains, and the Chief.Building Inspector. The Council is the Code Reviewing Body and must approve the Conflict of Interest Codes. Mayor Shelton stated he did not want to approve or disapprove the Conflict of Interest Codes tonight because (1) it has not been published long enough, (2) it should have been scheduled for a public hearing to allow people to address the issue, and (3) the Council re- ceived the Conflict of Interest Code at this meeting and have not had sufficient time to review it. The Council concurred. MOTION: Councilman Cantine moved that the "Adoption of the Conflict of Interest Code" be scheduled for a public hearing at the March 24, 1980 Council meeting. The motion was seconded by Mayor Shelton and carried unanimously. C-2 Request for Use Permit: Resolution No. 21-80 Firemen's Muster Mr. Guluzzy stated the firemen have requested a Use Permit for the purpose of conducting their annual Firemen's Muster. The in- tersection of Quintana Road and Morro Bay Boulevard to the inter- section of Morro Street and Morro Bay Boulevard is where it would be held. Mr. Guluzzy stated this matter has been publicized in the Sun -Bulletin. Mayor Shelton stated, because of the change in location, that he would open it up for public comment. No public comments were offered, so Mayor Shelton closed the matter to the public. Councilman Rosenberg expressed concern with the wording of the Use Permit Agreement. The Council previously stated they wanted to insure that there would be clear access to the boat launching ramp. On the Use Permit Agreement it reads: "The use of the paved roadway south of 451 Embarcadero to the turn -around circle..." This appears to close off this section. Councilman Rosenberg then stated he thought the firemen were only going to use the dirt section rather than the whole roadway. MINUTES - MORRO BAY CITY COUNCIL March 10, 1980 Regular Meeting Page 3 Mr. Bressan stated the competition would be mostly on the dirt road area, but some activities would necessitate the use of the paved area for a relatively short duration. Councilman Rosenberg stated he wants to be sure that people can get to the boat launching ramp without having to wait a significant amount of time because of the Muster competition. He then stated he would like to have a clause inserted within the Use Permit Agreement to this effect. The Council concurred. Mr. Guluzzy advised Council where ever "Local 1855" is stated that it should be changed to "California Challenge Muster Association in conjunction with Morro Bay Chamber of Commerce." The City Council instructed staff to insert the changes as out- lined by Councilman Rosenberg and Mr. Guluzzy in the Use Permit Agree- ment. MOTION: Councilman Harmon moved that Resolution No. 21-80 as amended be read by title only. The motion was seconded by Council- man Reasor and carried unanimously. Mr. Guluzzy read Resolution No. 21-80 by title only. "Resolu- tion approving grant of use permit to California Challenge Muster Association in conjunction with Morro Bay Chamber of Commerce." MOTION: Councilman Harmon moved that the City Council adopt Reso- lution No. 21-80 as amended. The motion was seconded by Councilman Rosenberg and carried unanimously by roll call vote. C-3 Transfer of lease sites nos. 90 and 90W and change in use. Mayor Shelton stated this matter would not be discussed by the Council this evening because it is necessary for the change of use to be approved by the Planning Commission first. D. HEARINGS, APPEARANCES, AND REPORTS D-1 Rate increase: Bay Ambulance Company Mr. Guluzzy stated that Morro Bay Ambulance has requested a rate increase because the County of San Luis Obispo is no longer funding the dry runs or uncollectible medical indigent transportation charges. Morro Bay Ambulance has instituted an increase in the rates for each city that they serve to pick up their loss from the County. The Emergency Medical Care Committee has approved the rate increase. Mr. Guluzzy advised the Council that he spoke with Mr. Barker of Bay Ambulance concerning the City's contract which provides the need for the City Council to approve all rate increases. He then stated that he would schedule the rate increase request for the Council's April 14, 1980 meeting. MINUTES - MORRO BAY CITY COUNCIL March 10, 1980 Regular Meeting Page 4 Councilman Reasor stated if the City picks up the rate increase, then the City of Morro Bay in essence will be subsidizing the County. He stated he would like to know what the County's contract states verses the City's contract and what the County's payment to Bay Ambulance has been in the past. Councilman Cantine stated he would like to have an explaination as to why the City should pick up the County's share. He also stated he would like for Mr. Guluzzy to contact Supervisor MacElvaine for an interpretation of the Board of Supervisor's rationale for deciding not to support dry runs or uncollectible medical indigent transpor- tation charges. Mayor Shelton stated he would like to have an economical impact report outlining the figures the City is paying now, along with com- parative rates of other services. The City Council stated they would like to have this scheduled for the April 14, 1980 City Council meeting or as soon as possible. D-2 Status report: Major projects undertaken by City of Morro Bay. Mr. Guluzzy reviewed the following areas with the Council: NEWSLETTER Mr. Guluzzy stated the City has published two newsletters to date. AGENDAS Mr. Guluzzy stated the City Council agendas are being published in the Sun -Bulletin to inform the public of meeting items. CITIZEN COMPLAINT/REQUEST FOR SERVICE SYSTEM Mr. Guluzzy stated this system furnishes a means for citizens to advise the City of their problems or concerns. The information is then relayed to the appropriate department head for investigation and/or action. The citizen would then be contacted as to the con- clusions the City has reached. NEW TELEPHONE SYSTEM Mr. Guluzzy stated the new telephone system will centralize all communications through the City Hall Clerk -Receptionist. The telephone system is in the process of being installed and costs approximately $45,000. The savings projected over the next 10 years by purchasing this system over renting the equipment from a public utility is $75,000. MINUTES - MORRO BAY 'ITY COUNCIL • March 10, 1980 Regular Meeting Page 5 HARBOR ADVISORY BOARD Mr. Guluzzy stated the City Council created the Harbor Advisory Board for the purpose of researching the problems on the waterfront and Embarcadero area. They are reviewing the Master Harbor Plan and the possibility of obtaining grants through the Coastal Conservancy for instituting street -end docks, marina development, creation of a linear park, etc. COMPUTER Mr. Guluzzy stated the City has been trying to deal with an out- dated computer system that ties into the City's accounting system, grant system, and their accountability. The Council approved $40,000 in the 1979/80 budget to deal with this problem. Staff is looking in- to the feasibility of a Joint Powers Agreement between Morro Bay, Atascadero, and Paso Robles. A full service organization, e.g., Alexander Grant and Company, is also being researched at this time. Staff is leaning toward the service arrangement because it does not cost as much in the longrun and can meet the City's needs immediately without long-term problems of design. Staff will be receiving a pro- posal from Alexander Grant and other vendors and.will submit a recom- mendation to Council for review. L-11191"59iq Mr. Guluzzy stated the budget system has changed drastically; an accountability system based upon objectives is'being set up and functions and responsibilities are outlined based upon a new chart of accounts. Staff is working toward simplifying this system even further by instituting a Program Budget System with only three major line -item major classifications. LOCAL COASTAL PLAN Mr. Guluzzy stated the Local Coastal Plan, and all of the elements of the plan, will be scheduled for a Council meeting in April or May. Because the Local Coastal Planner resigned, the Community Development Director has had to assume this project. An individual will tempo- rarily work on the plan for two days a week until June. At that time the City hopes to be able to fund a permanent position; this would be dependent upon whether the City will receive funds for Step 3 in the process. This would be negotiated with the State Coastal Commis- sion. EMERGENCY DISASTER PLAN Mr. Guluzzy stated the Mayor's organization in San Luis Obispo County got together and directed staff from their respective cities to come up with a joint Emergency Disaster Plan that would be adopted by, and acceptable to all the policy leadership of the County. There is a draft ordinance now being prepared and a draft JPA that deline- ates organizational responsibilities. MINUTES - MORRO BAY CITY COUNCIL March 10, 1980 Regular Meeting Page 6 DOWNTOWN/EMBARCADERO SPECIFIC PLAN Mr. Guluzzy stated the Community Development Department has three proposals dealing with the Downtown/Embarcadero Specific Plan (1) Owen Menard, City's Consultant, (2) Cal Poly students, and (3) the Department of Community Development. Mr. Gurnee has de- veloped a concept scheme for downtown/uptown which has been dis- cussed with the various segments throughout the City. Staff is looking into getting a more detailed explanation of the process and preparing some kind of a pamphlet for the public. Funding for revitilization is also being researched through creation of a rede- velopment agency. CAPITAL IMPROVEMENT PROGRAM Mr. Guluzzy stated the Council adopted a 1979/80 Capital Improve- ment Program in December, 1979. LABOR AGREEMENTS Mr. Guluzzy stated the Council adopted a two year labor agree- ment with the City's three unions. He noted that there has beeni,ex- cellent rapport with all unions and labor peace for the two year period of the contract is expected. HARBOR DREDGING Mr. Guluzzy stated the dredging of the harbor is now being done and it will be completed around June, 1980. Staff is looking into the possibility of dredging some of the other mooring areas in the City. An application has been made to dredge the area by the fuel dock and it is being proposed to the Corps. of Engineers. If this occurs, additional money would be needed than what was awarded in the bid and it would come before Council for approval. PROPERTY MAINTENANCE Mr. Guluzzy stated the Council has adopted the Property Mainte- nance Code Ordinance and it will go into effect at the end of March. CONDOMINIUM CONVERSION STANDARDS Mr. Guluzzy stated the Council has adopted condominium conversion ordinance for the City. UPDATING OF MAJOR CODES Mr. Guluzzy stated the updating of the City's major codes: Fire, Building, Housing, Mechanical, and Plumbing Codes were all adopted by the Council, and that the adoption of the 1979 edition of the Fire Code will be presented for approval during March -April, 1980. MINUTES - MORRO BAY CITY COUNCIL March 10, 1980 Regular Meeting Page 7 SENIOR CITIZEN LEASE Mr. Guluzzy stated the Council adopted a two year senior citizen lease agreement with renewable options which provides the Seniors with a new center on Harbor Street. MEDICAL AND HEALTH BENEFITS Mr. Guluzzy stated the City has self -funded the health and medi- cal insurance benefits through a JPA. The rates for workman's com- pensation have remained at the 1976 level. The City has also saved between $40,000 to $50,000 on the City's liability preminiums over the last two years. Mr. Guluzzy stated as of January 1, 1980 the City started self -funding the dental insurance. LIFE INSURANCE Mr. Guluzzy stated because there are three cities going together for the life insurance the policy will be raised from $2,000 to $5,000 at virtually no extra cost to the City. CODE OF ETHICS Mr. Guluzzy stated the Code of Ethics has been adopted for all officials and employees. CONFLICT OF INTEREST Mr. Guluzzy stated the Council is presently reviewing the Con- flict of Interest Code. ENERGY CONSERVATION PROGRAM Mr. Guluzzy stated P.G.&E. has done an energy audit that will come before the City Council shortly and the City has instituted an Energy Conservation Program. Alternate lights are being turned off during the day, lights that have been on all night in the past are now being turned off at night. The City is reviewing a new law being proposed statewide by the governor, that would permit cities to upgrade their facilities at very low and long-term interest rates. Solar heating and cooling will be researched. PURCHASING Mr. Guluzzy stated the Council has adopted a new Purchasing Ordinance and new Purchasing Rules and Regulations. MINUTES - MORRO BAY CITY COUNCIL March 10, 1980 Regular Meeting Page 8 PERSONNEL Mr. Guluzzy stated new personnel rules, regulations, and a pay plan will be presented to the Council in the near future. Staff feels they need to establish standards for modern personnel admini- stration to keep up with changing conditions of employment. WASTEWATER TREATMENT PLANT Mr. Guluzzy stated the City is under orders by EPA to upgrade and modernize the Wastewater Treatment Plant. The City Council contracted with Brown and Caldwell (B and C) for the purpose of completing the 10% Design Report. They reviewed all of the aspects of the previous City Consultants, John Carollo Engineers, and analyzed what would be most cost-effective. B and C reviewed the Texaco Pipeline to serve as the ocean out - fall and recommended an entirely new outfall be built and that it be pulled from the beach out into the bay from the existing plant site. The State approved this and so did the Council. B and C is looking at the Reclamation Study and the work that had to go on relative to Domenghini's property. B and C did ten test drillings to see if the water on the property is adequate for poten- tial wastewater outfall reclamation. Before the City can get a Step 3 Construction Grant, an in-depth Water Reclamation Study must be done. It should be completed before the end of summer, 1980. The City has been dealing with the Department of Water Resources relative to an Alternate Site Study. Morro, Chorro,.and Toro basins along with Naciemento are being looked at for groundwater. Coordina- tion with B and C and DWR is being done to make sure there is no dupli- cation of effort. This will require some expenditure of funds for special engineering services which Mr. Guluzzy stated he authorized as project officer. Angela Grenz was hired as the Environmental Engineer to "bird dog" the project. This way the City will have someone in-house that is familiar with the project from start to finish, and will provide the City with much -needed continuity. On Wednesday, March 12, 1980 at 5:15 p.m. Brown and Caldwell will give a status report to the Council concerning the 10% Design Report. The completed 10% Design Report has been completed by B and C, Council has accepted the report, and the State Water Resources Control Board is now reviewing it. The outfall has been approved, but the rest of the document has not been approved and the City is working this out now. The amendment to the contract has been renegotiated with B and C because the State did not approve it as originally submitted. Today the City submitted the revisions to the State for approval. MINUTES - MORRO BAY CITY COUNCIL March 10, 1980 Regular Meeting Page 9 STREET CONSTRUCTION AND MAINTENANCE Mr. Guluzzy stated a seven year Capital Improvement Program was proposed to Council relative to dealing with the street and road problems in the City. The purchase of a paving machine is necessary and it will go out to bid on March 18, 1980. Training of the crew would also have to be done, and the City of Lompoc will provide this service for Morro Bay. Paving operations will begin about mid -May and will be completed by September, 1980. The Paving Program deals mostly with the residential streets in the north end of town. The crews would also be replacing the warfhead hydrants, pruning trees, street striping, and begin doing sewer maintenance on a regular basis. WATER POLICY Mr. Guluzzy stated the Water Reclamation Study is underway by Brown and Caldwell (B and C). The Alternate Source Study and the Preliminary Basin Management Plan is being conjunctively tied in with the B and C Reclamation Study. The City is also looking at the Naciemento project, which the Council has approved and the City has made a tentative subscription, or interest, of 2,100 acre feet of water. In November, 1980 there will probably be a bond referrendum on the County ballot. The total project cost is about $87 million dollars. STATE WATER PROJECT Mr. Guluzzy stated staff has been discussing the State water Project with the Department of Water Resources with the hope that they may fund a full reclamation scheme if EPA or SWRCB cannot, or will not, do so. WHALE ROCK Mr. Guluzzy stated staff met with the Whale Rock Commissioners in February concerning the prospect of obtaining some short-term water (400 to 1,000 acre feet) through the Whale Rock Reservoir. The Commission is presently reviewing the request with their legal counsel as to what problems may exist, and what length of time they feel Morro Bay City could have the water. Angela Grenz is currently studying the Chorro and Villa Creek Basins that are north of Morro Bay to determine extractions, how much groundwater might be avail- able, etc. Break: 8:45 p.m Reconvened: 9:00 p.m QUESTIONS AND ANSWERS TO'STATUS' REPORT Mr. Bressan reviewed with Council the streets that would be repaired. He stated he had purchased a berm machine and that it would direct the storm runoff better and preserve the edge of the road. 0 • MINUTES - MORRO BAY CITY COUNCIL March 10, 1980 Regular Meeting Page 10 The City Council and two gentlemen from the public discussed the creek area as it relates to its ownership. The question arose as to whether Mr. Klienhammer owns the creek area or the City. The Council directed staff to research this matter and report back to the Council. . Mr. Bressan advised the Council that lie is going to experiment with "Petromat" and that its purpose is to extend the life of some of the bad streets. The average life of a street is seven years. Mr. Campbell pointed out to the Council that there are some contractors who have done some building in the past and have dis- figured the City streets. He then noted that they are suppose to and repair the streets to their original condition which has not been done. Councilman Rosenberg asked if there has been any loss in time or money as it relates to the Wastewater Treatment Plant, namely the Council hiring Brown and Caldwell for Step 2 and not continuing with John Carollo Engineers who had done Step 1. Mr. Guluzzy stated the project is on schedule and no time or money has been lost. The City is experiencing a delay that is due to the State, but not because of the City or Brown and Caldwell. Councilman Rosenberg asked if the City would have water in.a year or two. Mr. Guluzzy stated Whale Rock appears to be a good possibility for an interim solution to the water problem. Reclamation also has good potential. Mr. Gurnee stated if the Naciemento project goes forward it has a seven year lead time for construction. The City approached the Whale Rock Commission concerning their surplus water. Staff advised them that Morro Bay would be willing to purchase the water at a reasonable price. This matter is being researched by their legal staff. Staff advised them if it was necessary, that the City could provide them with a Growth Management Plan showing the growth percen- tage rate per year. Councilman Cantine and Mr. Gurnee discussed the redevelopment of the downtown area and the various financing alternatives available to the City. Mr. Gurnee stated Mrs. Grenz is working very closely with Brown and Caldwell in their review of Chorro and Morro creeks. She is adapting the same methodology to Toro and Villa Creek basins as she is using with Morro and Chorro creeks. She is trying to determine what the projected annual yield in the basin is, how many extractions are occuring from them, and whether it is feasible for the City to develop any kind of a water project out of those basins. MINUTES - MORRO BAY CITY COUNCIL March 10, 1980 Regular Meeting Page 11 Mayor Shelton stated four years ago these two basins were dis- cussed. The Council was not fully supportive of considering them because they wanted Naciemento. A preliminary study was done by the City Administrator, but he did not have any concrete data. There are other things that can evolve from this, e.§ , the City can find a package for water treatment, get an agreement with Whale Rock, the City pump water into Whale Rock from those basins, cut down on the transporation costs and use water from the other end. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Councilman Harmon asked if it is a policy decision or an admini- strative decision to change the hours that the City will be open. Mr. Guluzzy stated the City is closed on a trial basis from 8:00 a.m. to 9:00 a.m. and 4:00 p.m. to 5:00 p.m. If a lot of nega- tive feedback is not received then staff will come before the Council with a request to amend the City's ordinance concerning the hours that the City will be open. Mr. Guluzzy noted that he had published an ad in the Sun -Bulletin per the Council's direction from the Study f Session, and that only one negative comment was received.. Mayor Shelton stated, in the future, to avoid confusion, any policy decisions made in Study Sessions should be scheduled for a regular meeting for discussion and/or approval. Mayor Shelton asked the status of the grading on the Meyer's county property that abuts the City. Mr. Gurnee stated staff went to the County two weeks ago and requested (1) that they not consider the work as agricultural grading, (2) they stop the work and force the repair of the land, and (3) they use the Environmental Quality Act as a basis for new proposals. On March 3, 1980, the Board of Supervisors agreed that the work was agricultural -related. On March 11, 1980, Mr. Gurnee stated he would meet with Supervisor MacElvaine so he could explain why the Board of Supervisors decided the grading was agricultural -related. The options the City has are as follows: (1) The City should keep a record of any time spent in the area by City crews to clean up any problems associated with drainage, slide, etc, and file claims against the County if that becomes necessary. (2) Put the County on notice that if there is going to be any prob- lems or landslides in the area that the County is going to be held responsible for it. (3) Take a very strong approach to the County's Land Use Ordinance and require the inclusion of some measures for grading on lands of steep slopes, geologic hazards, scenic sensitivity. MINUTES - MORRO BAY CITY COUNCIL March 10, 1980, Regular Meeting Page 12 The Council questioned whether the City has any legal recourse. Mr. LeSage stated the City could file a Writ of Mandate to stop any additional grading on the property, based upon the theory that they did not exercise reasonable discretion in determining whether the roads are necessary, and did not answer the question of whether an EIR is needed. Mayor Shelton suggested the Council make the determination that they are not satisfied with the County's land use interpretation and therefore, would like to ask the County to adhere more closely to SEQUA guidelines. COUNCIL REQUEST FOR ACTION BY STAFF The Council requested that Mr. LeSage get the background data and check this matter out and see how this can be done from a legal standpoint. They requested a report be provided back to the Council concerning this matter. The Council also noted that this matter should be discussed in Executive Session from this point on. Mr. Campbell stated he feels that the individual that is being affected should handle this matter rather than the City. Starting litigation against the County is going to possibly cause problems in the future when the City tries to deal.with the County. COUNCIL REQUEST FOR ACTION BY STAFF Mayor Shelton stated he attended the Miss Morro Bay Pageant and Miss Morro Bay won the pageant and is now going to compete at the Miss California Pageant. He requested the Council authorize staff to look into the possibility of helping to fund Miss Morro Bay's trip to Santa Cruz for the Miss California'Pageant. Councilmen Harmon and Cantine stated they would not support the request. Councilmen Reasor and Rosenberg stated they would support the study. Mayor Shelton stated he spoke with Mr. Johnson from the Morro Bay Oyster Plant. He then stated their process is very commendable and recommended that the City Council support a resolution that would support the commercial fishermen in their activities to enjoy a reasonable amount of income for their locally caught fish. The Council concurred. COUNCIL REQUEST FOR ACTION BY STAFF MOTION: Mayor Shelton moved that staff draft a resolution expressing support for the local commercial fishermen to receive a price that would allow them economic viability and express Council support for avenues of individual marketing, creative marketing, and alternative ways of marketing the locally caught fish and authorize the Mayor to execute. The motion was seconded by Councilman Reasor and carried unanimously. MINUTES - MORRO BAY CITY COUNCIL March 10, 1980 Regular Meeting Page 13 E-2 City Attorney Mr. LeSage requested an Executive Session. E-3 City Administrator Mr. Guluzzy advised the Council that Chief Olson had met with Mr. Hanson of the Fishermen's Association relative to police pro- tection. Effective March 14th weekend reserve officers will be patrolling the waterfront. Mr. Guluzzy advised the Council that Chief Olson is waiting for some statistics from the Animal Control concerning dogs. He is working on putting together some data concerning the lease laws, com- plaints, etc. As soon as all information is compiled it will be scheduled for a Council meeting. Mr. Guluzzy stated the Fire Engine bid will probably go on the March 24th agenda and will require a budget transfer of about $19,000 maximum. Mr. Guluzzy stated the A-1 lease site and the request for two administrative cars will probably be scheduled at the March 24th meeting. Mr. Guluzzy stated there was a collapse of the sewer outfall and it will cost about $10,000 to $12,000. This will require a budget transfer; the work has been authorized to be completed because it is an emergency. Mr. Guluzzy advised the Council that several budget transfers would be scheduled for the March 24th meeting. Mr. Guluzzy stated at the March 24th meeting the Award of Com- mendation will be given to Jerry Mendez and Dick Williams relative to the harbor boat accident. The City's insurance will cover about $12,000 of the damage done to the boat and it is going to cost $24,000 to replace the boat. Mr. Guluzzy stated the following three election resolutions must be adopted: (1) Resolution No. 22-80: Establishing Precinct Boards and Polling Places for April 8, 1980 Election. MINUTES - MORRO BAY CITY COUNCIL March 10, 1980 Regular Meeting Page 14 (2) Resolution No. 23-80: Ordering canvass of Election to be held on the April 8, 1980 Election. (3) Resolution No. 24-80: Establishing Central Counting Place. Mr. McGonagill read Resolution No. 22-80, in its entirety into the record because of the significant changes made by the City Attorney. MOTION: Mayor Shelton moved that the City Council adopt Resolution No. 22-80 as read. The motion was seconded by Councilman Harmon and carried unanimously by roll call vote. MOTION: Mayor Shelton moved that Resolution No. 23-80 be read by title only. The motion was 'seconded by Councilman Reasor and carried unanimously. Mr. Guluzzy read Resolution No. 23-80 by title only. "A resolu- tion of the City Council of the City of Morro Bay, -California; or- dering the canvass of the general municipal election to be held.on the 8th day of April, 1980, to be made by the City Clerk of the City of Morro Bay." MOTION: Councilman Reasor moved that Resolution No. 23-80 be adopted. The motion was seconded by Councilman Harmon and carried unanimously by roll call vote. MOTION: Councilman Rosenberg moved that Resolution No. 24-80 be read by title only. The motion was seconded by Mayor Shelton and carried unanimously. Mr. Guluzzy read Resolution No. 24-80 by title only. "A resolu- tion establishing central counting place". MOTION: Councilman Rosenberg moved that Resolution No. 24-80 be adopted. The motion was seconded by Councilman Cantine and carried unanimously by roll call vote. Resolution' No'. 25-80 Mr. Guluzzy stated the Department of Agriculture have discussed with Mr. and Mrs. Tyler of the Morro Bay Aquarium the new regulations that were promogated in 1979 in the Federal Register that would re- quire that they provide a larger resting area for their seals. Mr. Guluzzy stated the resolution is requesting that (1) the Department of Agriculture reconsider its position relative to the requirement that the seals be given more room (2) the regulations prior to June 22, 1979 be the guidelines used rather than the new ones, (3) staff meet with the Department of Agriculture and see if they will reconsider their position, and (4) Congressman Leon Panetta be asked to intercede on behalf of the Morro Bay Aquarium and see if he can get the situation changed. MINUTES - MORRO BAY CITY COUNCIL March 10, 1980 Regular Meeting Page 15 Mayor Shelton stated he spoke with the Tylers and that the two animals have been there for the fast 15 years'. The Department of Agriculture has recently been funded to enforce this law. They have indicated that additional sleeping boards are necessary and all the animals presently sleep on one board. Councilman Rosenberg stated he supports the proposed resolution. Councilman Cantine stated in light of the history that exists in this situation he suggested special consideration or a waiver of the regulations be granted to the Tylers. Councilman Harmon expressed concern with item #4 stating he did not feel that the City should appeal to Congressman Panetta. Councilman Cantine suggested the resolution be amended to read: (1) In light of the long history of this successful operation that special consideration or a waiver be given by the Department of Agriculture; (2) that the Department of Agriculture recognize the sufficient and compasssionate treatment that has occurred over the past 20 years for the animals; and (3) in light of the very effective performance that Congressman Panetta has rendered in other City matters, that his office be advised of our views on this so that his assistance can be obtained in support of Mr. and Mrs. Dean Tyler. The Council concurred. MOTION: Councilman Cantine moved that Resolution No. 25-80 as amended be read by title only. The motion was seconded by Mayor Shelton and carried unanimously. Mr. Guluzzy read Resolution No. 25-80 as amended, by title only. "Resolution of the City Council of the City of Morro Bay supporting continued presence and operation of the Morro Bay Aquarium as a Distress Marine Mammal Station in the City of Morro Bay." MOTION: Councilman Cantine moved that Resolution No. 25-80 as amended be adopted. The motion was seconded by Mayor Shelton and carried unanimously by roll call vote. Mr. Guluzzy stated the City Council originally adopted a resolu- tion that required the polls to be open from 7:00 a.m. to 7:00 p.m. Staff is requesting the hours be changed to '7:00 a.m. to 8:00 p.m. so the hours will coincide with the other cities in the county. MOTION: Mayor Shelton moved that the polls be open from 7:00 a.m. to 8:00 p.m. rather than 7:00 a'.m. to 7:00 p.m. The motion was seconded by Councilman Cantine and carried unanimously by roll call vote. MINUTES - MORRO BAY CITY COUNCIL March 10, 1980 Regular Meeting Page 16 MOTION: Mayor Shelton moved the meeting adjourn to Executive Session. The motion was seconded by Councilman Reasor and carried unani- mously. The meeting adjourned to Executive Session at 11:01 p.m. and returned to Regular Session at 11:22 p.m. MOTION: Councilman Cantine moved the meeting adjourn to Wednesday, March 12, 1980 at 5:15 p.m. for a Study Session to be held in the Morro Bay Recreation Hall. The motion was seconded by Mayor Shelton and carried unanimously. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Oakley Deputy City Clerk 6 0 MINUTES - MORRO BAY CITY COUNCIL Special Meeting March 5, 1980, 5:30 p.m .. City Hall Conference Room The meeting was called to order at 5:30 p.m ..by Mayor Shelton. ROLL CALL Present: Councilmen Cantine, Harmon, Reasor, and Mayor Shelton Absent: Councilman Rosenberg STAFF PRESENT T. Keith Gurnee, Community Development Director George Chrissakis, City Engineer Elizabeth Oakley, Deputy City Clerk (1) Approval of parcel map MB77-352 for the Ironwood condominiums; Dr. Saunders, applicant. Mr. Gurnee advised the Council that the tentative map permitting the Ironwood Apartments to convert to condominiums would expire on March 6, 1980. Therefore, it is necessary for the Council to act upon the tract map and the Covenants, Conditions, and Restrictions (C.C.&R.'s) before this time. Mr. Gurnee advised the Council that (1) the planning staff has a number of problems concerning the validity of the Use Permit that was granted ..' the Planning Commission over two and one-half years ago, (2) there is no evidence that a Coastal Development Permit has been procured, and (3) there are a number of questions concerning the interpretation of the State Subdivision Map Act. Mr. Gurnee stated he had met with the City Attorney, and the applicant's legal counsel and engineer concerning these issues. The conclusions are that the Council has little discretion on final map actions. All that can be done is to find that it is either consistent or not con- sistent with the previous tentative map. Mr. Gurnee referenced Section 66458 of the State Subdivision Map Act that requires the Council's approval on a final map if it conforms with the conditions on the tentative map that was previously approved. Mr. Gurnee advised the Council that he feels the previous admini- stration wrongly processed the Use Permit and tentative map, but since the applicants have been working based upon this approval, it seems that the City can only approve the final map in accordance with the findings required by the State Subdivision Map Act. Mr. Gurnee concluded his comments by stating that staff reluc- tantly recommends approval of tract map M.B. 77-352 subject to three conditions as agreed to by the applicant. MINUTES -• MORRO BAY CITY COUNCIL March 5, 1980 Special Meeting Page 2 Mayor Shelton asked, in looking at the total project proposal, how many of the points are not in conformance with the City's new Condominium Conversion Ordinance. Mr. Gurnee stated he has, not reviewed that particular aspect in any detail, but he could see that the Ironwood Apartment conversion could not meet the parking, outdoor open space, or private open space as required under the new Condominium Conversion Ordinance. Mike Klippa, owner's agent, stated he met two and one-half years ago with the previous members of the City's staff and reviewed the requirements and procedures for converting apartments to condominiums. The basic agreement was that everything was fine and the proposed pro- ject was within the Code requirements. Mr. Klippa also noted that it was determined that the conversion would be categorically exempt from having to go before the Coastal Commission for approval. Councilman Reasor and Mr. Klippa discussed the percentage of the lot that is covered by the units verses open space. MOTION: Councilman Reasor moved that the City Council approve the final map subject to the following three conditions: (1) That the applicants will comply with the notification requirements of Section 66427.1 of the Subidivision Map Act and copies of tenant notifications and proof of delivery shall be submitted to the City prior to the sale of any units. (2) That prior to sale of any units, the applicants pro- cure a Coastal Development Permit or clearance that the Coastal Commission has no jurisdiction over this project, and that if any changes are made to the project at the Coastal Commission level, the changes shall be reviewed and approved by the City. (3) That Section 2.15, Page 10, of the proposed C.C.&R.:.'s prohibiting children in the units be deleted. The motion was seconded by Councilman Harmon. Mayor Shelton suggested the motion be amended to read: ?'...ap- prove with reservation, the final map only because of the legal re- quirements of the State Subdivision Map Act subject to the following three conditions..." Councilman Reasor agreed to amend his motion as suggested by Mayor Shelton. Councilman Harmon concurred with the amendment also. 0 MINUTES - MORRO BAY CITY COUNCIL Special Meeting, March 5, 1980 Page 3 The motion carried by roll call vote with Councilman Rosenberg absent. Mayor Shelton requested that Mr. Gurnee provide Council with a report at the March 10, 1980 City Council Meeting concerning the grading that is being done on the Myers County property that abuts the City. MOTION: Councilman Cantine moved the meeting adjourn to Monday, March 10, 1980, at 7:30 p.m., in the Morro Bay Recreation Hall. The motion was seconded by Mayor Shelton and carried with Councilman Rosenberg absent. The meeting adjourned at 5:47 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Oakley Deputy City Clerk CITY OF MORRO BAY, CALIFORNIA AGENDA: COUNCILMANIC CANDIDATES ORIENTATION SESSION SATURDAY, MARCH 1, 1980 MORRO BAY RECREATION HALL 9:30 a.m. Coffee and donuts 9:45 a.m. Handout of material for meeting 9:50 a.m. City Administrator --Welcome (1) Form of Government (2) Role of Administrative Assistant (3) Relationship of Staff to Council (4) How City Government is Organized (5) Introduction to Department Heads (6) City Budget --Budget Calendar and Timetable (7) Process --How to Read It --Future Program Budget Project 10:15 a.m.. Administrative Services: Director of Administrative Services Finance, personnel, budget, purchasing, word processing, Question and Answer Period 10:30 a.m. Public Services: Director of Public Services Building and grounds and street maintenance, mass trans- portation, sewer and water utilities, engineering, capital improvements, Harbor-Embarcadero 11:10 a.m. Fire Services: Fire Chief Fire prevention, suppression, inspection, medical services 11:25 a.m. Police Services: City Administrator Patrol, manpower, organization 11:40 a.m. Community Development: City Administrator Planning, zoning, Local Coastal Program, inspections 11:55 a.m. Needs and Problems of City Revenue Capital Improvements Final Wrap-up MINUTES - MORRO BAY CITY COUNCIL Study Session February 27, 1980, 5:15 p.m. City Hall Conference Room The meeting was called to order at 5:30 p.m. by Mayor Shelton. ROLL CALL Present: Councilmen Cantine, Reasor, and Mayor Shelton Absent: Councilmen Harmon and Rosenberg STAFF PRESENT Donald F. Guluzzy, City Administrator Bernie Zerr, Fire Chief Elizabeth Oakley, Deputy City Clerk Mayor Shelton, Councilman Cantine, and Chief Zerr briefly dis- cussed the Fire Code revisions until Councilman Reasor arrived at 5:30 p.m., thereby constituting a quorum. Mayor Shelton then called the meeting to order. Chief Zerr began reviewing the proposed ordinance with the Council noting the following sections of importance:, (1) Section 14.60.070: Chief Zerr stated this section deals with removing gasoline from underground gas tanks and the need to obtain a permit for gasoline pumpouts from the Fire Department prior to starting the pumpouts. (2) Section 14.60.080: Chief Zerr stated this section would be an addition to the Fire Code. The Police Department currently has the responsibility of enforcing this as noted in the no -smoking ordinance. Chief Zerr felt the Fire Department should also have the authority to enforce the law dealing with persons smoking inside any public theater or movie house. (3) Section 14.60.090: Chief Zerr stated the intent of adding a penalty section dealing with the turning in of false alarms is to penalize those individuals who do it maliciously. The cost to the City for such false alarms includes having up to three men respond to the call, the wear and tear on the truck, and the cost of gasoline. (4) Section 14.60.110: Chief Zerr stated this would require having any physician, first aid station, ambulance company or persons who treat or aid any person injured by a fire, explosion or chemical burn within the municipality shall with 24 hours, report such treatment and pertinent information to the Fire Department. The purpose of this is to assist the Fire Department in zeroing in on specific problems and then addressing them, e.g., holding an educational seminar for people to try and anticipate possible fire problems and solutions. MINUTES - MORRO BAY CITY COUNCIL Study Session, February 27, 1980 Page 2 The City Council expressed concern with the request because of the burden it would place upon the doctors and felt this matter should be researched further. (5) Section 14.60.120: Chief Zerr stated the reason he is requesting this section Fe added is because as the Code reads now, it would permit individuals to check into motels and bring their motor- cycles inside the motel room. The motorcycle could either leak or tip over and spill gasoline, thereby creating a tremendous fire problem. Councilman Reasor expressed concern with the proposed wording that reads: "...vehicle inside of any dwelling." He felt this could also encompass garages which should not be included. Chief Zerr suggested Section 14.60.120 read: "No one shall store, repair, or use any motorcycle, moped or any other gasoline driven vehi- cle inside of any dwelling except garages." The Council concurred. (6) Section 14.60.130: Chief Zerr stated this amended section would give the Fire Department a tool for the purpose of enforcing the Code. He then stated there would probably only be one or two citations written a year, but still felt the Fire Department should have the power to write a citation, and not only the Police Department. COUNCIL ACTION REQUEST Councilman Reasor expressed concern with the proposed wording that deals with granting the Fire Department "the powers of a police officer in performing their duties under this code, and shall have the powers of a peace officer as provided in California Penal Code..." The City Council discussed this section and Mayor Shelton sug- gested police and peace officer be changed to enforcement officer. Fire Chief Zerr suggested that this section be amended to read: "...and shall have the authority to issue citations for Fire Code violations as provided in Sections 14.60.010 through 14.60.220..." COUNCIL ACTION REQUEST The City Council requested Chief Zerr to look into the legality of the wording of this section with the City Attorney and report back to Council. (7) Section 14'.60.140: Chief Zerr briefly reviewed this section noting the addition would give the authority to remove vehicles, vessels, or things parked or placed in violation of Sections 10.206 U.F.C. MINUTES - MORRO BAY CITY COUNCIL Study Session, February 27, 1980 Page 3 Section 14.60.180: Chief Zerr stated he would recommend this section be a de so all buildings, except single-family dwellings, which are beyond the height of Fire Department ladders (35 feet) shall be designed so that windows and doors required for egress or rescue of occupants can be easily reached with 35-foot extension ladders carried on Fire Department pumpers. He noted this section would not apply to existing buildings, but new proposals or addi- tions to existing buildings. Chief Zerr then noted that a ladder truck would cost about $160,000. Section 14.60.200: Chief Zerr read the entire section into the record dealing with the installation and maintenance of standard automatic fire extinguishing systems, and the developer paying 50C per square foot of the proposed building for the purpose of purchasing an aerial ladder apparatus for the Fire Department if the fire sprinklers cannot be installed. He stated the money would go into a fund until such a time as sufficient funds have been raised to purchase the necessary equipment. Councilman Cantine stated he is against the 50t charge to developers. He stated it is impractical for Morro Bay because the City would not be able to get $160,000 or more to purchase the ladder in any reasonable amoun of time because there is not enough building that takes place in the City to warrant this type of fund being set up. He then stated if the Code is written correctly, the developers should not be permitted to build above that which the Fire Department can accomodate with its current equipment. COUNCIL ACTION REQUEST The City Council discussed the effect there would be if this pro- vision was not in the ordinance and if it was added to the ordinace. They also stated there was the possibility of the developer securing a variance to get around the provision. The question arose as to whether a variance can over -ride the code. The Council directed staff to contact the City Attorney about this entire section and re- port back to Council. Section"1'4.60.210: Chief Zerr stated he would like for his sec- tion to be required to be done by the residents of Morro Bay by July 1, 1983. The cost would be about $2.00 for each house that has a chimney. Mayor Shelton suggested that a community service be provided City for the purpose of installing the spark arrester. Section 14.60.220: Chief Zerr reviewed this section with the Council and suggested that Section 14.60.220 (1) be amended to read: "At every required exit, except dwellings, and where ever otherwise required..." E MINUTES - MORRO BAY CITY COUNCIL Study Session, February 27, 1980 Page 4 Mayor Shelton stated he would scheduled for a public hearing with by Council. The Council concurred. like for the Fire Code to be the necessary revisions as noted Chief Zerr noted that he had sent a copy of the proposed Fire Code revisions to the Contractor's Association for their review and comments, since some of the changes would effect builders. COUNCIL ACTION REQUEST Councilman Cantine suggested that the Rotary Club, Kiwanis Club, and other organizations such as these be contacted and made aware of the proposed Fire Code revisions. UNFINISHED BUSINESS (1) Potential cost -savings ideas and potential 1980/81 budget al- ternatives Mr. Guluzzy stated he would like to present to Council a tem- porary operating budget and request that it be adopted while working on the final operating budget. He then stated because of Proposition 9 he would like to wait until after June to begin addressing the final budget so any new legislation could be implemented by the State legis- lature within that timeframe and the City would then know its exact position relative to the 1980/81 revenues. Mr. Guluzzy advised the Council that he had met with Alexander Grant and Company concerning their computer system. He also stated he is looking into the possibility of entering into a Joint Powers Agreement with Paso Robles and Atascadero for a computer. He advised Council he would keep them apprised as additional information became available. Mr. Guluzzy stated staff is still looking into the feasibility of the Dial -A -Ride and would report to Council when more information is known. Councilman Cantine stated he does not see Morro Bay as a fixed - route city. He then stated Dial -A -Ride is primarily utilized by older and handicapped persons who cannot get to bus stops and get around the City easily, or on their own. Councilman Cantine stated there would only be about a 30% savings with a fixed -route system. He concluded his comments stating if Morro Bay can afford to have a bus system then it can afford to have Dial -A -Ride. Mayor Shelton stated he would still like for staff to research the various alternatives and provide a report to Council concerning their findings as it relates to the Dial -A -Ride system. MINUTES - MORRO BAY CITY COUNCIL Study Session, February 27, 1980 Page 5 * COUNCIL ACTION REQUEST Councilman Cantine stated he would like for staff to prepare a news release concerning the Property Maintenance Code that would address some of the concerns that have been expressed by the citizens and clear -up any misconceptions about what the code will and will not do. The Council concurred. MOTION: Councilman Reasor moved the meeting adjourn to Monday, March 10, 1980, at 7:30 p.m. in the Recreation Hall for the Regular City Council Meeting. The motion was seconded by Councilman Cantine and carried with Councilmen Harmon and Rosenberg absent. The meeting adjourned at 6:45 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Oakley Deputy City Clerk 6 CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING FEBRUARY 25, 1980, 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Public Comment A. CONSENT CALENDAR A-1 Minutes of the February 11, 1980 Regular Meeting. A-2 Bid award: Resolution No. 16-80 for police cars. A-3 Bid award: Resolution No. 17-80 for sprinkler system. A-4 Bid award: Resolution No. 19-80 for harbor office rental to Coast Guard. A-5 Joint Powers Agreement amendment to SLOCOG granting membership to City of Atascadero. B. UNFINISHED BUSINESS B-1 Ordinance No. 176: Property Maintenance Regulations and Code Enforcement Ordinance (2nd reading). (RECOMMEND APPROVAL) B-2 Time extension of additional 60 days beginning March 1, 1980 through April 29, 1980 to Brebes concerning T-Pier. C. NEW BUSINESS C-1 Planned Development Use Permit: Reg Whibley, Bob Hittle, and Brebes Morro Bay Fisheries to renovate portions of the Brebes T-Pier. C-2 Ordinance No. 177: Creating a merit personnel system for City employees. D. HEARINGS, APPEARANCES, AND REPORTS D-1 Public Hearing: Zoning Ordinance No. 178 Amendment: Residential densitites and consistency with the General Plan. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 25, 1980, 7:30 p.m Morro Bay Recreation Hall The meeting was called to order with the Pledge of Allegiance at 7:30 p.m. by Mayor Shelton. Mayor Shelton advised the public that Reverend Dear, City Chaplain, had broke both of his wrists and asked that the public pause for silent prayer in -lieu of the in- vocation. ROLL CALL Present: Councilmen Cantine, Harmon, Reasor, and Mayor Shelton Absent: Councilman Rosenberg STAFF PRESENT Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney Tom McGonagill, Director of Administrative Services John Bressan, Public Services Director Al Olson, Police Chief Elizabeth Oakley, Deputy City Clerk Mayor Shelton introduced Al Olson, the newly hired Police Chief, to the public citing some of his background and qualifications., PUBLIC COMMENT Mrs. McWilliams stated she had attended the Board of Supervisors meeting held on February 25, 1980 at which time Mr. Gurnee presented testimony concerning Ron Myer's county property that abuts the City of Morro Bay. She expressed concern with the extensive grading being done and the chances of erosion and flooding taking place in the area. She then referenced an article in the Los Angles Times' February 24th edition dealing with flooding of property. Mayor Shelton stated at the end of the meeting he would ask Mr. Gurnee to report to the Council about the Board of Supervisors' meeting that Mrs. McWilliams referenced. Mr. Campbell stated there is an over -population of dogs in Morro Bay, especially in north Morro Bay. He then stated that he appreci- ates the comments made in the February 20th Sun -Bulletin concerning dogs. He concluded his comments stating that the laws on the City books relating to dogs should be enforced. Mr. Guluzzy stated as far as he knows these laws are being enforced. He then stated staff is looking at various alternatives and solutions concerning the problems the City has with dogs. Mr. Gaines relayed a personal experience he had concerning a prob- lem with a dog and how he handled the matter. MINUTES - MORRO BAY CITY COUNCIL February 25, 1980 Regular Meeting Page 2 Mayor Shelton stated items B-2 "Time extension of additional 60 days beginning March 1, 1980 through April 29, 1980 to Brebes concerning T-Pier" and C-1 "Planned Development use permit: Reg Whibley, Bob Hittle, and Brebes Morro Bay Fisheries to renovate portions of the Brebes T-Pier" have been pulled from the Council agenda at the request of the applicants and will be scheduled for the March 17, 1980 Planning Commission meetint . He then stated item C-2 "Ordinance No. 177: Creating a merit personnel system for City employees" would be scheduled for a City Council Study Session. A. CONSENT CALENDAR A-1 Minutes of the February 11, 1980 Regular Meeting. A-2 Bid award: Resolution No. 16-80 for police cars. A-3 Bid award: Resolution No. 17-80 for sprinkler systerh . A-4 Bid award: Resolution No. 19-80 for harbor office rental to Coast Guard. A-5 Joint Powers Agreement amendment to SLOCOG granting membership to City of Atascadero. Mayor Shelton reviewed the Consent Calendar and Councilman Cantine requested that items A-4 and A-5 be pulled. MOTION: Councilman Reasor moved that items A-1 through A-3 be approved. The motion was seconded by Councilman Harmon and carried with Councilman Rosenberg absent. A-4 Bid award: Resolution No. 19-80 for harbor office rental to Coast Guard. Councilman Cantine stated the old harbor office made a good loca- tation for a Visitor Information Center. He then stated since the issue of the contracts for a Visitor Information Center and Community Promotions has not been resolved, he would like to hold off granting the rental of the harbor office to the Coast Guard. Mayor Shelton stated the Council gave staff direction to seek bids for the rental of the harbor office. He noted that this may have taken place during Councilman Cantine's absence. MOTION: Mayor Shelton moved that item A-4 be approved. The motion was seconded by Councilman Harmon and carried with Council- man Rosenberg absent. A-5 Joint Powers Agreement amendment to SLOCOG granting membership to City of Atascadero. Councilman Cantine provided some background information concerning the J.P.A. for the public. The existing J.P.A. provides for any newly incorporated city to become a part of the Area Council of Governments by making application. He then stated there are some minor word changes and noted it shall be called SLOCOG rather than the Area Council of Governments. MINUTES - MORRO BAY CITY COUNCIL February 25, 1980 Regular Meeting Page 3 MOTION: Councilman Cantine moved that item A-5 be approved. The motion was seconded by Councilman Reasor and carried with Councilman Rosenberg absent. B. UNFINISHED BUSINESS B-1 Ordinance No. 176: Property Maintenance Regulations and Code Enforcement Ordinance (2nd reading). Mr. Guluzzy advised the Council that Ordinance No. 176 was pub- lished in its entirety in the Sun -Bulletin's edition of February 20th. Mr. Gurnee stated if the Council adopts the ordinance it will become a City ordinance in 30 days and staff will begin targeting in on the areas that have been previously discussed as they relate to the upgrading of properties, etc. Dale Reddell, President of P.U.R.G. stated he is speaking on be- half of P.U.R.G. and that they are against Ordinance No. 176. He noted the Council campaigned stating they would listen to the people, therefore, the people are asking that the Council not take action on the ordinance until after the April 8, 1980 election. Ed Smith expressed concern with the proposed ordinance stating one man will have the complete power and authority to determine what needs to be done in Morro Bay and that he does not support the ordinance at all. Mr. Gaines cited an instance of enforcement that he was involved in. lie noted that police power is ncessary to get to "the hard core people who trample on people's rights". He concluded his comments stating commercial vehicles should not be allowed in the residential areas. Mr. Stocking stated if commercial vehicles were not allowed in residential areas that would mean that campers and trucks could not park in these areas and that that is going too far. Councilman Cantine stated the ordinance brings into view one per- son to be responsible for researching and enforcing the ordinance rather than three different departments. He then stated he supports the ordinance and feels that the complaints made will be handled in an appropriate manner. Councilman Harmon noted there is a public hearing procedure and an appeal procedure to the City Council, therefore there is not one person who has all of the power of deciding what should and should not be done within the City. The ordinance will not tell people what color to paint their house, but will serve as a tool to deal with the prob- lems in the City. MINUTES - MORRO BAY CITY COUNCIL February 25, 1980 Regular Meeting Page 4 Councilman Reasor stated the concerns he had at the previous meeting have been resolved to his satisfaction and that he feels the ordinance is absolutely necessary. The ordinance consolidates what the City already has; the ordinance brings it into one central place with one central person handling it rather than three or four. Mayor Shelton stated ten years ago Morro Bay did not need this type of ordinance, and that the City had the character of a village. The ordinance will assist city staff in mitigating "clashes" that occur between various citizens and neighbors in Morro Bay and reduce the nuisances by providing a means of abating them. He expressed his support of the ordinance. MOTION: Councilman Cantine moved that Ordinance No. 176 be read by title only. The motion was seconded by Councilman Harmon and carried with Councilman Rosenberg absent. Mr. Guluzzy read Ordinance No. 176 by title only. "An ordinance amending the Morro Bay Municipal Code by adding a new chapter 17.58 entitled property maintenance regulations and deleting and replacing chapter 17.20 with a new chapter 17.61 entitled enforcement." MOTION: Councilman Cantine moved that Ordinance No. 176 be approved. The motion was seconded by Councilman Harmon and carried with Councilman Rosenberg absent. Break: 8:25 p.m. C. NEW BUSINESS None. Reconvened: 8:34 p.m. D. HEARINGS, APPEARANCES, AND REPORTS D-1 Public Hearing: Zoning Ordinance No. 178 Amendment: Residential densities and consistency with the General Plan. Mr. Gurnee stated on December 17, 1979 the Planning Commission approved an initiated amendment to the Zoning Ordinance dealing with consistency between residential zoning and the General Plan. The Government Code mandates that Zoning Ordinances be brought into con- sistency with the General Plan. No public comments were offered on item D-1. Councilman Cantine asked what the relationship of the proposed zone changes has on the Owen Menard report relating to the Land Use Element. Mr. Gurnee stated the Local Coastal Program will make significant recommendations concerning the zoning of properties in Morro Bay. U MINUTES - MORRO BAY CITY COUNCIL February 25, 1980 Regular Meeting Page 5 Mayor Shelton expressed concern with Owen Menard's report stating there are some real weak areas in the report. fie then stated the Local Coastal Plan's recommendations should be reviewed in con- junction with the Owen Menard study and work on developing a sound Zoning Ordinance for the City from this standpoint. The Council discussed with Mr. Gurnee Owen Menard's recommen- dations concerning the Land Use Element, and the fact that his recom- mendations for the types of densities being much lower than what the City's Zoning Ordinance allows. Mayor Shelton suggested that item D-1 be returned to the planning staff for the purpose of examining the inconsistencies and possible modifications in relation to the Local Coastal Plan. The City Council concurred. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council COUPICIL ACTION REQUEST Councilman Reasor asked what the status of Bay Ambulance's rate increase request was. Mr. Guluzzy stated staff is still researching this matter to determine whether they can just increase their rates without going before the Council for approval. COUNCIL ACTION REQUEST Councilman Harmon stated he would like for the Council's mail- boxes to be moved into the Deputy City Clerk's office. Mr. Guluzzy stated he would have this done immediately. Mayor Shelton requested Mr. Gurnee report to the Council the outcome of his presentation before the Board of Supervisors concerning Ron Meyers' County property that abuts the City of Morro Bay. Mr. Gurnee stated he and Mr. LeSage had appeared before the Board of Supervisors. He advised the Council that he had argued that the roads are not for agricultural purposes because of the indiscri- minate bulldozing being done on the property. The Board of Supervisors' action was to have County staff research the matter further and report back to the Board. COUNCIL ACTION REQUEST Mayor Shelton requested that Mr. Gurnee provide a written report to the Council concerning the entire matter. The Council concurred. MINUTES - MORRO BAY CITY COUNCIL February 25, 1980 Regular Meeting Page 6 Mayor Shelton discussed the meeting on February 28, 1980, at 6:00 p.m. with the Fishermen's Association stating he would like to have an agenda made up to include the following items: (1) staff presentation advising what has been done on harbor, (2) breakdown of street -end proposals, and (3) what Council can expect for the future. The Council concurred. Mr. Guluzzy advised the Council that Brown and Caldwell will be meeting with the Environmental Review Committee on February 28, 1980 at 7:00 p.m, in the Recreation Hall to discuss the Water Manage- ment Plan and the 10% Design Report. COUNCIL ACTION REQUEST Mayor Shelton stated he would like for a forum to be held on a Saturday for the purpose of taking testimony concerning the off -shore drilling, being proposed in Morro Bay. He then stated he would like for Congressman Leon Panetta, T. Keith Gurnee, representatives from the Bureau of Land Management, Kurt Kupper who has been spearheading the position paper, and Henry Myer from the Audubon Society who has provided a great deal of information to be present. Mayor Shelton stated he would be willing to organize such a forum. The Council concurred. COUNCIL ACTION REQUEST Councilman Cantine stated he would like for staff to submit to Council proposals of the various alternatives pertaining to the dog problems in Morro Bay. He then stated he would like to have these proposals within one month. COUNCIL ACTION REQUEST Councilman Cantine stated he would like for staff to provide a status report to Council addressing the progress that has been made on various issues, what issues are still being worked on, and what steps must be taken to resolve these matters. He then stated he would like for the report to address streets, underground water system, sewer system, sewer plant, water reclamation project, water issues, State water project, Naciemento water, dogs, etc. Councilman Reasor suggested that the list of 52 pending items to be done within the City, that the Council developed about a year ago, be utilized in writing the status report. E-2 City Attorney Mr. LeSage stated he would like to have an Executive Session to discuss pending litigation. MINUTES - MORRO BAY CITY COUNCIL February 25, 1980 Regular Meeting Page 7 E-3 City Administrator Mr. Guluzzy advised the Council that the 10% Design Report and the amendment to the contract for Step 2 Design is still being reviewed by the State. Mr. Guluzzy advised Council that that amendment to the Construction Permit is being sought from the Coastal Commission to accommodate the new outfall. Mr. Guluzzy advised the Council that staff is currently working on the new Revenue Sharing Program and would report to Council as new information becomes available. Mr. Guluzzy advised the Council that the agreement for the Alter- nate Water Source Study with the Department of Water Resources has been executed. Mr. Guluzzy advised the Council that the City will be using the State Purchasing Program whenever possible because it is more cost- effective to purchase most supplies and equipment through them rather than independent vendors. Mr. Guluzzy advised the Council that Knight, Towle, Sage, and Johnson, City Auditors, have determined that approximately $54,000 is still unencumbered and unappropriated in the audit report. He then stated he would advertise a proposed use hearing of the federal revenue sharing funds for the wastewater treatment plant, and recommended that the 1979/80 Capital Budget be amended to include these funds for the cost of the wastewater treatment plant. Mr. Guluzzy stated bids for the new fire truck will be opened on March 3, 1980. MOTION: Mayor Shelton moved the meeting adjourn to Executive Session to discuss pending litigation. The motion was seconded by Councilman Reasor and carried with Councilman Rosenberg absent. The meeting adjourned to Executive Session at 9:30 p.m. and returned to the Regular Session at 10:00 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Oakley Deputy City Clerk 0 6 CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL STUDY SESSION FEBRUARY 13, 1980, 5:15 p.m. City Hall Conference Room UNFINISHED BUSINESS (1) Potential cost savings ideas and potential 1980/81 budget alternatives. NEW BUSINESS (1) Litter control prevention --slide show presented by Health Department. (2) Fire Code Revisions (3) Personnel Ordinance 0 a t� MINUTES - MORRO BAY CITY COUNCIL Study Session February 13, 1980, 5:15 p.m. City Hall Conference Room The meeting was called to order at 5:30 p.m. by Mayor Shelton. ROLL CALL Present: Councilman Reasor and Mayor Shelton Absent: Councilmen Cantine, Harmon, and Rosenberg STAFF PRESENT Donald F. Guluzzy, City Administrator Bernie Zerr, Fire Chief Elizabeth Oakley, Deputy City Clerk Due to a lack of a quorum, Mayor Shelton stated the Study Session would be cancelled. MOTION: Mayor Shelton moved the meeting adjourn to Monday, February 25, 1980 at 7:30 p.m. in the Morro Bay Recreation Hall for the Regular Council Meeting. The motion was seconded by Council- man Reasor and carried with Councilmen Cantine, Harmon, and Rosenberg absent. The meeting adjourned at 5:33 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Oakley Deputy City Clerk 0 0 CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL FEBRUARY 11, 1980, 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Public Comment A. CONSENT CALENDAR A-1 Minutes of the A-2 Minutes of the A-3 Minutes of the A-4 Minutes of the A-5 Bid Award: Re Inc. for fire November 26, 1979 Regular Meeting. November 26, 1979 Executive Session. January 14, 1980 Regular Meeting. January 30, 1980 Adjourned Meeting. solution No. 11-80 Telford Smith Supply Company, hydrants and appurtenances. B. UNFINISHED BUSINESS B-1 Ordinance No. 176: Property Maintenance Regulations and Code Enforcement Ordinance (2nd reading). (RECOMMEND APPROVAL) D,2 Time extenti.on of additional 60 days beginning March 1, 1980 through April 29, 1980 to Brebes concerning T-Pier.. C. NEW BUSINESS C-1 Lease agreement for Lila Keiser Park and water wells nos. 13 and 14. C-2 Use Permit: Resolution No. 12-80 to Kiwanis Club of Morro Bay - Estero for Easter Sunrise Services at Morro Bay Rock. C-3 Resolution No. 14-80 combining voting precints.' C-4 Planned Development Use Permit: Reg Whibley, Bob Hittle, and Brebes Morro Bay Fisheries to renovate portions of the Brebes T-Pier. C-5 Zoning Ordinance Amendment: Residential densities a-d consis- tency with the General Plan. C-6 Cooperative agreement between California Department of Water Resources and City of Morro Bay for a water management investi- gation for the City of Morro Bay. D. HEARINGS, APPEARANCES, AND REPORTS D-1 Public Hearing: Appeals for cost of weed abatement for work done in 1979 summer. D-2 Morro Bay Garbage request for residential and commercial refuse collection rate increases. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator 6 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 11, 1980, 7:30 p.m - Morro Bay Recreation Hall The meeting was called to order with the Pledge of Allegiance at 7:30 p.m. 11,Mayor Shelton. Reverend Dear gave the invocation. ROLL CALI; Present: Councilmen Cantine, Harmon, Reasor, Rosenberg, and Mayor Shelton Absent: None STAFF PRESENT Donald F. Guluzzy, City Administrator Michael T. LeSgge, City Attorney Tom McGonagill, Finance Director John Bressan, Public Services Director Bernie Zerr, Fire Chief Vaughn Castle, Acting Police Chief Elizabeth Oakley, Deputy City Clerk Mayor Shelton presented Vaughn Castle with a plaque for his services as the Acting Chief of Police for the City of Morro Bay from June 18, 1979 through February 15, 1980. PUBLIC COMMENT Mr. Gaines addressed the Morro Bay Garbage rate increase item D-1. He stated that this item should be scheduled under "Unfinished Business" rather than "Hearings, Appearances, and Reports" since it had been before the Council at a previous meeting - He then expressed concern with the hour that the item would be discussed noting that it is near the end of the agenda and would probably not be heard until about 11:00 p.rh... Because of the late hour it would be discussed, a lot of older residents of Morro Bay are not present at the meeting to voice their opinions concerning the rate increase. Mr. Gaines con- cluded his comments concerning this item stating that all public hearings should be heard no later than 9:00 p.m Mr. Gaines then addressed the cartoon that was in the Sun - Bulletin's February 6, 1980 edition stating his opposition to it. Mr. Diffley addressed the cartoon that was in the Sun -Bulletin's February 6, 1980 edition by reading a letter from the Citizens Action League dated Februry 8,, 1980 into the record. The letter expressed the League's opposition to the cartoon. Mr. Edward Roland addressed the proposed Property Maintenance Regulations and Code Enforcement Ordinance (item B-1), stating he has a trailer that he parks in front of his house in the red rock. MINUTES - MORRO BAY CITY COUNCIL • February 11, 1980 Page 2 If the ordinance is not amended to allow people to park in their front yards, and not only their back yards, then he would have some problems because of his lot size. Councilman Rosenberg stated he is outraged about the cartoon in the Sun -Bulletin and that he agrees with the comments made by Messrs. Gaines and Diffley. Councilman Cantine requested that the public hearing items be moved up to be discussed after the "Consent Calendar". He also stated that he agrees with Mr. Gaines' comments concerning the scheduling of public hearing matters. Mayor Shelton stated the "Unfinished Business" and "New Business" items would go quickly, therefore he felt the items should be addressed according to the published agenda. He also noted people who are in- terested in the public hearing items and have reviewed the published agenda probably would not come to the meeting until later because of the way they were initially scheduled. CONSENT CALENDAR A-1 Minutes of the November 26, 1979 Regular Meeting. A-2 Minutes of the November 26, 1979 Executive Session. A-3 Minutes of the January 14, 1980 Regular Meeting . A-4 Minutes of the January 30, 1980 Adjourned Meeting. A-5 Bid Award: Resolution No. 11-80 Telford Smith Supply Company, Inc, for fire hydrants and appurtenances. Mayor Shelton reviewed the Consent Calendar. MOTION: Councilman Reasor moved that the Consent Calendar be approved. The motion was seconded by Councilman Harmon and carried unanimously by roll call vote. B. UNFINISHEDBUSINESS B-1 Ordinance No. 176: Property Maintenance Regulations and Code Enforcement Ordinance (1st reading). (RECOMMEND APPROVAL) Mr. Guluzzy reviewed the Community Development Director's memo- randum dated February 8, 1980 with the Council. Section 17.58.020.A.7 currently reads: "Trailers, campers, boats and other vehicles or motor equipment stored in front yard areas or in areas highly visible from public streets, or the use of said vehicles or equipment for sleeping or cooking purposes in areas where such use is not permitted." Staff recommends this section be amended to read: "The use of trailers, campers, boats, and other similar vehicles or other equipment used for sleeping or cooking purposes in areas where such use is not per- mitted." Staff also recommends that the Council request the City Attorney to research the legality of Section 17.48.060 of the existing zoning Ordinance as it relates to parking of such vehicles in visible yard areas. MINUTES - MORRO BAY CITY COUNCIL February 11, 1980 Page 3 Lloyd West stated his lot has about a two to three foot clearance on the side yard and that there is no way to get a vehicle into the back yard short of a helicopter. He also stated that there are quite a few lots in north Morro Bay with this type of lot size and dimension. Les Berg stated he owns Morro Bay RV. He then gave the City Attorney a document and requested he review it stating it may assist him in making his decision concerning the Property Maintenance ordi- nance. Vince Mackel stated his neighbor has an 18-foot commercial fishing boat, business truck, wife's car, a camper, son's Corvette, and a speed boat in front of his house. These things have been in front of his house for the last 9 to 10 years. He then stated that he sometimes has a dump truck parked there.also. He noted at one time he had two ski boats parked in front of the house for so long that the tires sunk down into the asphalt. Mr. Mackel concluded his comments stating that his neighbor also has a dumpster trash bin on public property. Walter Korbin stated there are extenuating circumstances concerning the houses and lots in north Morro Bay that should be considered as it relates to the ability of parking vehicles in the backyards. James Stocking stated there should be a time limit of two weeks to one month to allow vehicles to park in front of a house and a time limit of about one week to allow motor homes to park in front of a house. This would allow for people to work on the cars and for friends to visit. Barbara Askins expressed concern with the parking requirements of RV's as proposed in the ordinance. She advised the Council that she is currently doing some remodeling of her house and when it is completed that she will only have about five feet from her boundary line. She stated she uses her RV not only for vacation purposes, but also for carrying things around related to her business. Dale Reddell asked how the ordinance would be enforced, how many people would be hired to enforce it, what the procedure for making com- plaints would be, and will the City take care of their own violations. Mr. Guluzzy stated there is no anticipated staff increase and it will be enforced as time permits by the existing staff. The City has recently started a complaint system and this could be utilized or else the Community Development Department could be contacted directly re- garding a violation of the ordinance-. Mr. Guluzzy concluded his re- sponse to Mr.'Reddell by advising him that the City would take care of their own violations. MINUTES - MORRO BAY CITY COUNCIL February 11, 1980 Page 4 Carl Ansberry stated he has used the City's new complaint system and has been satisfied with the way that the complaints are handled. He suggested that the people who are going to report a violation of the ordinance be required to circulate a petition in the surrounding neighborhood of the alledged violation requesting the support of the people in the area. This would eliminate unnecessary complaints. Mr. Ansberry expressed concern with the 28•regulations being proposed and stating he felt the same enforcement could be accomplished with about 6 regulations. He was also concerned with some of the wording of the proposed ordinance. Mr. Makwetski stated there are a lot of'laws on the books and there should be some type of provision that allows for people to make legitimate complaints. Elenore White stated she has lived in the Atascadero Beach Tract for 21 years and that each house has a boat or a trailer in the front yard and that is how the people who live in the area like it. Norman La Vine stated it is usually the responsible people that have to "pay for the various laws" and not the irresponsible people. He then stated that one week parking for a car in front of a house is not enough time to overhaul a car. Harry Wilbur stated he lives in the Atascadero Beach Tract. Fie then stated the City probably has nuisance laws on the books that can cover most of the problems that have been brought up. He concluded his comments noting that there are various ways to get around the parking stipulation of RV's, e.§ , move the RV three feet forward at the end of the allotted time for parking an RV in any one place and then move it three feet backwards and continue to do this. Don Harris stated he has a dory in his yard and it would be a financial hardship if he had to put it somewhere else. Park Smith stated he has lived in Morro Bay since 1971 and has paid taxes on his property since 1948. He then stated the Council should keep in mind the fact that Morro Bay is a recreation town and that it would be hard to find 150 trailer parking spaces for people coming over to Morro Bay from the valley. Councilman Cantine stated the proposed ordinance provides an opportunity for improving Morro Bay.and that an inventory of the various areas of Morro Bay would have to be done, points established that merit consideration, and individuals with special problems would have to be assessed in that light. Complaints would have to researched and the individuals involved would have to meet before determing what action to take. Councilman Cantine concluded his comments stating he would support the proposed ordinance as a revised first reading. 0 MINUTES - MORRO BAY CITY COUNCIL February 11, 1980 Page 5 Councilman Harmon stated the ordinance is well done. He then stated the provision as it relates'to the parking of trailers, campers, and boats in yards is something that will have to be looked at more closely because of the extenuating circumstances, e.g., small lots. Councilman Harmon concluded his comments stating he would support the ordinance as a revised first reading and that he would like #11 tc be amended to reflect three weeks instead of one week. Councilman Reasor stated he would support staff's recommendation concerning the revision of Section 17.58.020.A.7 and Councilman Harmon's suggestion of #11 being changed to reflect three weeks rather than one week. Councilman Reasor concluded his comments stating he supports the proposed ordinance, that most everything in the ordinance is already on the City's books, but is currently being enforced by several people. The ordinance would eliminate this and bring it into one ordinance with one person being respon- sible for its enforcement. Councilman Rosenberg stated he feels the ordinance is needed by the City. He stated he would support staff's recommended change to modify V . He then stated he would recommend #11 read: "Performance of mechanical work on motor vehicles on public rights -of -way or per- formance of such work in yard areas of residential properties so as to be visible from public rights -of -way or neighboring properties for periods in excess of three weeks." Mayor Shelton stated the City Council and City staff are re- ceiving complaints concerning various properties in the City. He then stated the ordinance will serve as a much needed vehicle to upgrade portions of the downtown which is something that has been neglected. The existing ordinance does not provide any follow-up to complaints made to the City, but the proposed ordinance will assist the City in this area. Mayor Shelton concluded his comments stating he agrees with the RV modification and would support the ordinance. MOTION: Councilman Cantine moved that Ordinance No. 176 as modified, be read by title only. The motion was seconded by Councilman Rosenberg and carried unanimously. Mr. Guluzzy read Ordinance No. 176 by title only. "Property Maintenance Regulations and Code Enforcement Ordinance." MOTION: Councilman Rosenberg moved that the City Council accept ordinance No. 176, as amended by staff, and that #11 read as follows: "Performance of mechanical work on motor vehicles on public rights -of -way or performance of such work in yard areas of residential properties so as to be visible from public rights -of -way or neighboring properties for periods in excess of three weeks. This would then constitute the first reading of Ordinance No. 176. The motion was seconded by Councilman Harmon and carried unanimously by roll call vote. MINUTES - MORRO BAY CITY COUNCIL February 11, 1980 Page 6 The City Council directed the City Attorney to research the legality of Section 17.48.060 of the City's existing Zoning Ordinance as it relates to parking of such vehicles (travel trailers, campers) in visible yard areas and report back to the Council. Break: 8:55 p.m. Reconvened: 9:08 p.m. B-2 Time extenti.on of additional 60 days beginning March 1, 1980 through April 29, 1980 to Brebes concerning T-Pier. Mayor Shelton stated item B-2 would not be discussed this evening since Mr. Gallo could not be present to discuss it with the Council, and would therefore be scheduled for the February 25, 1980 City Council meeting. C. NEW BUSINESS C-1 Lease agreement for Lila Keiser Park and water wells nos. 13 and 14. Mr. Guluzzy reviewed the Public Services Director's memorandum dated January 30, 1980 with the Council stating the agreement between P.G.&E. and the City for the Lila Keiser Park and Wells Nos. 13 and 14 has terminated. A new agreement has been negotiated for the next three years, the new rates are $1.00 a year for the park for a total of $3.00 and $185.00 per month for the two wells for a total of $6,660.00. Mr. Bressan stated the Public Utilities Commission (P.U.C.) regu- lates the leasing and rental of lands owned by public utilities and they require that they charge a fair and equitable charge. He then stated the reason the agreement is somewhat short-term is because P.U.C. or P.G.&E.'s policy does not allow them to enter into an agreement for more than three years at a time. MOTION: Mayor Shelton moved that the City Council approve the lease agreements for Lila Keiser Park and Well Sites Nos. 13 and 14. The motion was seconded by Councilman Cantine and carried unanimously by roll call vote. C-2 Use Permit: Resolution No. 12-80 to Kiwanis Club of Morro Bay - Estero for Easter Sunrise Services at Morro Bay Rock. Mr. Guluzzy stated the Kiwanis Club has requested the use of certain City property -in the vicinity of the Morro Rock to conduct their annual interdenominational Easter Sunrise Service effective 4:00 a.m, on Sunday, April 6, 1980 and shall expire at 10:00 a.m. on Sunday, April 6, 1980. MINUTES - MORRO BAY CITY COUNCIL February 11, 1980 Page 7 MOTION: Mayor Shelton moved that Resolution No. 12-80 be read by title only. The motion was seconded by Councilman Reasor and carried unanimously. Mr. Guluzzy read Resolution No. 12-80 by title only. "Resolu- tion approving grant of use permit agreement to Ki.wanis Club of Morro Bay -Estero for Easter Sunrise Services." MOTION: Mayor Shelton moved that the City Council approve Resolution No. 12-80. The motion was seconded by Councilman Reasor and carried unanimously by roll call vote. C-3 Resolution No. 14-80 combining voting precints. Councilman Rosenberg stated he would like for staff to research the feasibility of the Dial -A -Ride providing transportation to and from the polls and report back to Council concerning this matter. The Council concurred. MOTION: Councilman Cantine moved that Resolution No. 14-80 be read by title only. The motion was seconded by Councilman Harmon and carried unanimously. Mr. Guluzzy read Resolution No. 14-80 by title only. "Resolu- tion combining voting precints for the April 8, 1980 Election." MOTION: Councilman Cantine moved that Resolution No. 14-80 be approved. The motion was seconded by Councilman Harmon and carried unanimously by roll call vote. C-4 Planned Development Use Permit: Reg Whibley, Bob Hittle, and Brebes Morro Bay Fisheries to renovate portions of the Brebes T-Pier. Mayor Shelton advised the Council that the applicant had requested this matter be withdrawn from the agenda and that it would be scheduled for a future meeting when the applicants so request it. C-5 Zoning Ordinance Amendment: Residential densitites and consis- tency with the General Plan. Mayor Shelton requested item C-5 be held off to the February 25, 1980 Council meeting so that the Community Development Director could be present to discuss it with the Council. He also requested that the item be scheduled as a public hearing. The Council concurred. C-6 Cooperative agreement between California Department of Water Resources and City of Morro Bay for a water management investi- gation for the City of Morro Bay. MINUTES - MORRO BAY CITY COUNCIL February 11, 1980 Page 8 Mr. Guluzzy reviewed the resolution and agreement with the City Council noting that potential new alternate sources of water, other than the reclamation scheme would be looked at. Mayor Shelton stated he supports the idea because the City does not know how much water is available to the City and this is a study that is long over due. He then stated he would like #6 of the agree- ment to be modified to read: "The Environmental Review Committee shall advise the State and City in the conduct of this investigation..." Mayor Shelton then stated he does not want to organize a committee for the specific purpose of bring people in from the County, etc., but the recommendations should come from the people of Morro Bay. He then suggested for the purpose of this study that the ERC be enlarged with people who have expertise in the areas that staff feels is necessary. The City Council, Peter Diffley who is Chairman of the ERC, and Mr. Guluzzy discussed having Brown and Caldwell meet with the ERC con- cerning the'design study. Mr. Guluzzy stated that funds are needed in order to pay for Brown and Caldwell's trip to Morro Bay and that these funds would be available after the Step 2 grant is approved -by the State. The Council felt that it would be more advantageous for Brown and Caldwell to meet with the ERC prior to the contract being approved, therefore they requested that the necessary funds be secured from the budget, e.g., non -departmental. MOTION: Mayor Shelton moved that Resolution No. 15-80 be read by title only. The motion was seconded by Councilman Cantine and carried unanimously. Mr. Guluzzy read Resolution No. 15-80 by title only. "Resolution authorizing the Mayor and City Clerk to execute an agreement with the State of California Department of Water Resources for an alternate Water Source Study and Preliminary Basin Management Plan." Councilman Cantine noted that the City of Morro Bay had discussed looking at the possibility of bringing water from the north toward the south in conjunction with Cambria. MOTION: Mayor Shelton moved that Resolution No. 15-80 be approved. The motion was seconded by Councilman Cantine and carried unanimously by roll call vote. D. HEARINGS', APPEARAINCES, AND REPORTS D-1 Public Hearing: Appeals for cost of weed abatement for work done in 1979 summer. MINUTES - MORRO BAY CITY COUNCIL February 11, 1980 Page 9 Mr. Wolfe expressed his grievance concerning the weed abatement cost that he was assessed for his 1/2 acre lot on Hill and Mimosa. He stated last year the cost was $56 and this year it was $350. He noted that there has not been any weeds on the property for several years and that he could not understand why the cost had gone up so much in one year. Chief Zerr stated the City charges $35.00 for every 2,400 square feet that is cleaned. He noted that the severity of growth of the weeds is different each year depending upon the rainfall. Mayor Shelton stated because of Proposition 13 the City took a position of raising their rates to discourage people from using the City as a weed abatement service and utilizing private individuals in the community instead. The City Council requested Chief Zerr research this matter fur- ther to see why there was such a jump in the cost and report back to Mr. Wolfe and the Council concerning this matter. D-2 Morro Bay Garbage request for residential and commerical refuse collection rate increases. Mr. Guluzzy reviewed the Director of Administrative Services' memorandum dated February 8, 1980 with the Council noting that staff has taken the position that the increase is justified becuase of the losses suffered by Morro Bay Garbage Company in the recent past and currently, and recommends that the Council consider granting the rate increase to Morro Bay Garbage. The rates would be: Yard service for one can would be $4.75, two cans would be $7.50, three cans would be $10.00, and four cans would be $12.50. The commercial service rates would be the same as the yard service rates. Mrs. Diffley expressed concern with the proposed rate increase noting that there is a garbage service that picks up for Los Osos and Cayucos and skips Morro Bay that charges quite a bit less and provides more service. Mrs. Diffley then asked what constitutes yard service verses curb service. Mr. Wagnor stated yard service is within 75 feet from the curb line and not in a garage or within a fenced portion of the yard. Curb service is equal with the mailboxes of each house, therefore, curb service lines vary in accordance with the placement of the mail- boxes. Mr. Gaines reviewed with the Council the City's Finance Committee's report and investigation concerning this matter. He noted that the rates that Morro Bay Garbage is proposing are not competitive with various surrounding cities, e.g., San Luis Obispo, Pismo Beach, Grover City, Arroyo Grande, etc. Mr. Gaines then stated if Morro Bay went to mandatory service the rates might be better. He then reviewed a MINUTES - MORRO BAY CITY COUNCIL February 11, 1980 Page 10 memorandum from the previous City Administrator, Murray Warden dated February 9, 1978 in which Mr. Warden stated the matter of complaints concerning the service provided by Morro Bay Garbage should be addressed before an increase in rates is granted and that Morro Bay Garbage should provide a comparable service to other garbage companies in the county. Mr. Gaines concluded his report stating the Certified Public Accountant for Morro Bay Garbage should provide the audit figures to the general public and the question of whether Morro Bay will receive better ser- vice with the rate increase should be looked at. Mr. Risley asked for a definition of mandatory service. Mr. Guluzzy stated mandatory service would require everyone who has a house or apartment to pay for garbage service, it would not be optional. Mr. Wagnor noted that Morro Bay is the only city in the county that is not on mandatory service and that Morro Bay Garbage does not own a landfill; therefore, it is more expensive to operate the garbage service. Mr. La vine stated he does not see how the City Council can grant a rate increase if the service is not operating efficiently. The merit of service should be addressed in relation to any increase in rates. Mrs. Diffley stated the citizens of Morro Bay should not have to pay for Morro Bay Garbage's landfill, just because the service does not own one. The City should look into using a different service. Councilman Reasor stated he found the data prepared by Mr. Warden concerning a previous request for a rate increase, very interesting. Since Morro Bay Garbage has an exclusive set-up it is necessary for the Company to prove to the Council that everything is being done to provide the best possible service and to prove that a rate increase is in fact warranted. Mr. Wagnor stated he never saw this information that Councilman Reasor referenced because he withdrew the request before it ever came before the Council for consideration. Mr. Glenn, CPA for Morro Bay Garbage, stated as of July 1, 1979 there are two types of financial statements (1) Compilation and (2) Review. Compilation entails that the CPA familiarize himself with accounting practices common to the industry, acquire a general under- standing of the client's transactions and how they are recorded. After the financial statements are compiled he gives them a profes- sional "second look" without performing any audit procedures. The MINUTES - MORRO BAY CITY COUNCIL February 11, 1980 Page 11 CPA then issues a standard report, a two paragraph report that says: "Financial statements were compiled, but because they werenot audited or reviewed, no opinion is expressed." Review entails that the accountant have a working knowledge of the industry and of key aspects of the business --organization, operating methods, products and services, etc. Inquiries related to the financial statements are then made, e.g. record keeping practices, accounting policies, actions of the board of directors, changes in business activities, and subsequent events. Analytical procedures are applied to identify unusual items or trends in the financial statements that may need explanation. A Review is designed to see whether the financial statements "make sense" without applying Audit -type tests to management's representations. Councilman Reasor stated as a franchise, Morro Bay Garbage should examine all of the alternatives and present to the Council support data as to why the rate increase is being requested. A proposal should be given to the Council outlining the effects of mandatory service on Morro Bay. ' Councilman Rosenberg stated he finds it difficult to grant a rate increase that is significantly above the going rate for the area. He then stated he agrees somewhat with Mrs. Diffley's comments and if Morro Bay Garbage cannot provide a comparable service as to what is prevailing in the area, then garbage service for Morro Bay should be put out to bid. Councilman Cantine stated he feels that he needs to have a pro- posal that shows what is being paid now and what is being proposed. The entire proposal needs to be researched more and additional data provided. He then stated that he would be willing to grant a modest rate increase during the time this matter is researched. Mayor Shelton stated the City's Finance Committee came up with some data that illustrates that there are some questions that must be addressed, e.g., the question of whether Morro Bay Garbage Company's services are comparable to other services in the County, look at why other communities that are directly adjacent north and south are able to offer more service for less money than what Morro Bay Garbage pro- vides, etc. Mayor Shelton concluded his comments stating unless these types of things are research and analyzed that he could not support the request for a rate increase. MOTION: Mayor Shelton moved that the request by Morro Bay Garbage Company for rate increases be denied. The motion was seconded by Councilman Harmon. Councilman Rosenberg stated that he would not support the motion because he would be willing to approve a rate increase up to the pre- vailing level based upon inflation and consistent with the comparable level of service. MINUTES - MORRO BAY CITY COUNCIL February 11, 1980 Page 12 Mayor Shelton stated the Council does not have that kind of an alternative available and that is why he made a motion to deny the rate increase request. He then stated the Council does not have pos- sible alternative rate structures, but only what has been presented this evening. Mayor Shelton then stated he would like for the Council to stay out of the position of bargaining with the City's franchises and let staff do that. Councilman Rosenberg stated based upon what Mayor Shelton said he would concur with the Mayor. Councilman Reasor stated he too would concur. Councilman Cantine stated basically he agrees with Councilman Rosenberg and would be willing to support a rate increase for a short-term. that would be equitable, while this matter is being re- searched further. Councilman Cantine began discussion concerning what would occur if the motion passes and what would happen if it failed. Mayor Shelton then requested this discussion be held off until after the vote. Therefore, Councilman Cantine stated he would have to vote against the motion. The motion carried by roll call vote with Councilman Cantine voting no. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Councilman Reasor stated he received a letter in his Council box from the Morro Bay Ambulance Service stating that they are raising their base to $84.50 and the mileage to $4.00 per hour. He then stated his understanding is that the City has an agreement with Bay Ambulance and they recently appeared before the Council and re- quested a rate increase which was granted to them. He then asked if Bay Ambulance can raise their rates without Council approval and while the City is still subsidizing them. Mr. Guluzzy stated the City is presently subsidizing Bay Ambulance for about $12,876. Councilman Reasor requested this matter be scheduled at the February 25, 1980 Council meeting for discussion. Fie then requested that the City Attorney determine the City's legal position on this matter. The Council requested this matter be researched by staff and to report back to Council. MINUTES - MORRO BAY CITY COUNCIL February 11, 1980 Page 13 Mayor Shelton addressed the Senior Citizen Lease Agreement. He stated the agreement has not been signed yet and in talking with the Senior Citizen Board they noted that several points have been omitted. There should have been a provision that would allow the seniors to have priority use of the building so that they would not be pre-empted in the future. Councilman Reasor expressed concern with the wording of the agreement stating when the building is not occupied that the Recre- ation Department be able to utilize it. Mayor Shelton stated an addition to the agreement should include further priority uses are to be given to Morro Bay Senior Citizens, Incorporated and the Morro Bay Senior Citizens' Board of Directors is to approve other uses in the Senior Citizens Building. Mayor Shelton concluded his comments stating the seniors should be given the choice of scheduling and the Parks and Recreation Department have the veto power. Mr. Gouldsbrough, President of Morro Bay Senior Citizens, Inc. stated since the senior citizens have put all of the things that are in the building and nothing belongs to the City, the seniors should determine who uses the building. Mr. Campbell stated when the Council granted the senior citizens the right to use the building it was not granted as an exclusive use for only the seniors. Because the building that is being used is a public building anyone has the right to use the building when the seniors are not using it. Tony Ignoffo stated all that the seniors are requesting is the same type of agreement that they had when using the Fire Station. The City Council directed staff to discuss this with the seniors and work out arranging a schedule on this matter. Mayor Shelton stated he would like a report concerning the tree trimming on San Jacinto. A complaint was made to the Mayor stating that there are a couple of large Eucalytus trees that are leaning very badly and the people are concerned about the safety in the area. Mayor Shelton stated the people complained to the Public Services Department and was told there was no money available to trim the trees. Mr. Bressan stated this involves two separate tree trimming re- quests that the Public Services Department received. (1) A request to trim trees for the purpose of solar hearing was made and the people who asked that this be done were advised that this could not be done because of an extremely limited budgeted and that tree trimming was reserved for only those trees that are hazardous. The other issue MINUTES - MORRO BAY CITY COUNCIL February 11, 1980 Page 14 involved a different resident who partment about two trees that are residence and looked at the trees could be checked periodically to Mr. Bressan then stated the trees aware of this happening ahead of the uprooting of the fence in the then remove the trees. contacted the Public Services De - leaning. Staff went out to the Monuments were set so the trees see if they are getting worse. would not fall without staff being time. A telltale sign would occur -- area. At this time staff would Mayor Shelton stated the Council received a letter from Warren Dorn concerning the Property Maintenance Code. He requested that the Council authorize staff to respond to the letter advising him of the City Council's action concerning this matter. The Council con- curred. Councilman Cantine stated he would like for staff to look into purchasing a holding pen to be placed within the City. When a com- plaint is then made concerning an unleashed dog the police could then immediately go and pick up the dog, take it to the holding pen, and then contact the county. Councilman Cantine stated he would like to see the implementation of this take place with the new Police Chief. Councilman Reasor noted that the Health Department should be con- tacted concerning this matter because of the fact there might.be a Health Code that would not permit the transport of animals in the same vehicle as humans. The City Council requested this matter be researched. E-2 City Attorney None. E-3 City Administrator Mr. Guluzzy stated he met with the Fishermen's Association and they will be requesting approval of a use permit for February 23, 1980. The permit would allow for a one time sale of marine fishing equip- ment and only fishermen would be allowed to participate in the sale. He then stated it is necessary that this matter go before the Planning Commission for approval and then to the Council. The only problem is the Council will not be meeting until February 25, 1980. Mr. LeSage stated the Council could approve the use permit now with a stipulation that would require the Planning Commission's approval. MOTION: Mayor Shelton moved that the City Council approve the use permit request by the Fishermen's Association for February 23, 1980 provided the Planning Commission approves of it also. The motion was seconded by Councilman Cantine and carried unanimously by roll call vote. MINUTES - MORRO BAY CITY COUNCIL February 11, 1980 Page 15 Mr. Guluzzy advised the Council that the Fishermen's Association would like to meet with them to discuss various issues. He then sug- gested Thursday, February 28, 1980 from 7:00 p.m. to 9:00 p.m. The Council concurred and requested that Mr. Guluzzy send a letter to the Association confirming that date. Mr. Guluzzy advised the Council when Communication Sound Design did a telephone survey for the City they did not calculate the cor- rect number of phones. Therefore, additional phones will be needed thereby requiring an additional $2,000 to cover the cost. The total cost of the telephone system would .then be $45,000. MOTION: Councilman Cantine moved that the City Council approve the necessary fund transfer of $2,000 for the purchase of the additional telephones for the new system. The motion was seconded by Councilman Reasor and"carried unanimously by roll call vote. Mr. Guluzzy suggested a candidate's forum be held for the pur- pose of providing an orientation to the candidates, provide copies of the City's budget, various codes, discuss pending projects in the different City departments, and review the Brown Act. Mayor Shelton stated this type of information would only be applicable to those persons who win .the election, therefore, the forum should be held after the election. He suggested a meeting be held with the nonincumbant candidates. Mr. Guluzzy advised the Council that he is working on the bud- get schedule and calendar. He then stated the schedule is the same as last years primarily. Because of "Jaws 2" the Council will be looking at four different budgets representing various levels of services. MOTION: Councilman Harmon moved that the meeting adjourn to the Wednesday, February 13, 1980 Study Session to be held in the City Hall Conference Room. The motion was seconded by Councilman Cantine and carried unanimously. The meeting adjourned at 12:05 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Oakley Deputy City Clerk 0 0 CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL ADJOURNED MEETING/STUDY SESSION JANUARY 30, 1980, 5:15 p.M CITY HALL CONFERENCE ROOM E. INDIVIDUAL DETERMI14ATION AND/OR ACTION E-1 City Council E-2 City Attorney a. Executive Session to discuss personnel and litigation E-3 City Administrator STUDY SESSION 1. Status Report a. Potential cost savings ideas b. potential 1980/81 budget alternatives 6 0 MINUTES - MORRO BAY CITY COUNCIL Study Session January 30, 1980, 7:40 p.m. City Hall Conference Room The meeting was called to order at 7:40 p.m. by Acting Mayor Pro Tem Rosenberg. ROLL CALL Present: Councilmen Harmon, Reasor, and Rosenberg Absent: Councilman Cantine and Mayor Shelton STAFF PRESENT Donald F. Guluzzy, City Administrator Elizabeth Oakley, Deputy City Clerk (1) Potential cost savings ideas and potential 1980/81 budget alternatives Mr. Guluzzy distributed a memorandum dated January 30, 1980 to the Council that dealt with potential cost savings/budget alternatives. (1) Contracting for services; possibilities include: (a) Police -Fire dispatching with County (b) Basic accounting services (budgetary revenues/expenditures, payroll, P.E.R.S. reports, etc.) (c) Wastewater Treatment Plant (O&M) (d) Paying for water -sewer bills by utilizing lockbox concept at a bank The City Council discussed items #la-d and directed Mr. Guluzzy to research their feasibility during the 1980/81 budget process. (2) Conduct analytical study of all possible ways to make police/ fire service fully cost-effective, showing all possible ways and means of providing services and the costs/benefits of each method of delivering services. The City Council concurred with staff's suggestion and directed Mr. Guluzzy to research item #2 further for the 1980/81 budget. Due to the time constraint, the City Council decided to discuss items #4,.#7, #8, #10, and #11 and continue items #3, #5, #6, #9, and #12 to a future meeting. (4) Use compact cars of high mileage type for City use. Consider foreign as well as American brands. MINUTES - MORRO BAY CITY COUNCIL January'30, 1980 Study Session Page 2 (a) Use synthetic oils and oth-r lubricants to maximize gas mileage and reduce maintenance and operating costs. Mr. Guluz-y advised the Council that he had requested the Public Services Director to look into going to synthetic oils because there are a 'lot of long-term savings, e.g., running two to three times longer between oil changes. Councilman Harmon expressed concern with this because mechanics have stated that synthetic oils have negative impacts upon the car engines and they will wear out sooner. Councilman Rosenberg expressed concern with the fog and moisture in the air that ruins and rusts cars. He suggested parking the cars in the Public Services garage after working hours. The Council directed Mr. Guluzzy to research these areas further and advise Council of their feasibility during the budget sessions. (7) Revamp Dial -A -Ride system. Conduct analysis of most cost-effective means of continuing to provide mass transportation system to citizens, but in a more effective mode: examples: (a) Fixed route system (b) County -wide J.P.A. (c) Private contracting of O&M (d) Help recoup costs of system advertising in buses. by allowing commercial business Councilman Reasor stated he would support item #7a. Councilman Harmon stated he does not feel item #7b is feasible at this time. He then suggested that staff look into increasing the bus fare. Councilman Rosenberg stated one alternative that could be researched is the purchase of a less expensive vehicle because the number of people that ride the Dial -A -Ride at any one given time is so few. He also stated that staff should look into selling the present buses and pur- chasing less expensive ones. Councilman Rosenberg concluded his com- ments by suggesting a card be given to Medicade persons and this would entitle them to a'discount on taxi cab fares which could be picked up by the City. (8) Increase productivity of staff by closing City Hall from 8:00 to 9:00 a.m. and 4:00 to 5:00 p.m. to allow staff uninterrupted time to complete their work and produce more results. (a) Consider flex -time work schedule (b) Consider 4-40 work day schedule r, MINUTES - MORRO BAY CITY COUNCIL January 30, 1980 Study Session Page 3 Mr. Guluzzy advised the Council that Santa Maria currently, and has for some time been closing the City Hall building from 8:00 to 9:00 a.m, and 4:00 to 5:00 p.m. and reports that it works out great. The Council discussed this briefly and stated that there would need to be some way of measuring whether the productivity goes up, stays the same, or is less effective. Councilman Rosenberg stated a press release should be done on this and -barring no public objection, implementation could then take place on March 1, 1980. The Council concurred. (10) Shift finanical responsibility of major public requirements to private sector to fund. Examples: (a) Curb, gutter, sidewalk engineering to developer (b) Street joins to developers (c) Tree maintenance to property owners (d) Sidewalk repairs to property owners (11) Increase and/or charge users full cost of providing services. The City Council directed Mr. Guluzzy to research items #10a-d and #11 further to see if they would be feasible for the 1980/81 budget. MOTION: Councilman Harmon moved the meeting adjourn to Monday, February 11, 1980 or Tuesday, February 12, 1980 depending on which day the City will be giving as a holiday (Lincoln's Birthday) for the regular City Council meeting, at 7:30 p.m. in the Morro Bay Recreation Hall. The motion was seconded by Councilman Reasor and carried with Councilman Cantine and Mayor Shelton absent. The meeting adjourned at 7:19 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Oakley Deputy City Clerk 0 0 MINUTES - MORRO BAY CITY COUNCIL Adjourned Meeting January 30, 1980, 5:15 p.m. City Hall Conference Room The meeting was called to order at 5:15 p.m. by Mayor Shelton. ROLL CALL Present: Councilmen Harmon, Reasor, Rosenberg, and Mayor Shelton Absent: Councilman Cantine STAFF PRESENT Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney T. Keith Gurnee, Community Development Director Bill George, Chief. Building Inspector Elizabeth Oakley, Deputy City Clerk E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Mayor Shelton discussed the Department of Water Resources draft Water Management Plan contract with the Council. He suggested it include a study of Whale Rock as a potential alternate source of water. He also stated he would like for the Human Resources Committee to be able to provide input into the composition and make-up of the committee that would be formed to research the water alternatives. Mr. Guluzzy stated he would look into this matter and discuss it with the State. He then stated he would schedule this for the February 11, 1980 City Council meeting. Councilman Reasor stated two weeks ago three persons from the State Water Resources discussed the reclamation of projects for South County and Morro Bay. If the City of Morro Bay can find a local al- ternate new water source then the State will pay for that new source as an alternative to the State water project. All that is needed is a letter from the City to the County, who serves as the contacting agency for the water project, requestin,l, that the State go forward with this project. MOTION: Mayor Shelton moved that staff be directed to write a letter to the County requesting that the State assist the City of Morro Bay in its endeavors to obtain a local, new water source which would then be funded by the State. The motion was seconded by Councilman Reasor and carried with Council- man Cantine absent. MINUTES - MORRO BAY CITY COUNCIL January 30, 1980 Adjourned Meeting Page 2 E-2 City Attorney Mr. LeSage stated he did not need to hold an Executive Session to discuss the Dorn/Hartzell matter and that it could be discussed in open session. He then stated there is a distance between Dorn's Restaurant and the Hartzell's Log Cabins (Motel) and a question has been raised between these two businesses as to who has the right to use the area. It is surveyed tc be Hartzell's, but Dorn's contend that they have the right to use it because they have used it for many years, and therefore have a prescriptive right. A lawsuit has been filed and an injunction has been granted by the court after a hearing saying "don't interfere with this area until the lawsuit is concluded." There are some concerns that the City has concerning a clearance for fire exits in this area. If the courts determine that the prescriptive right does not exist then there is insufficient area for fire exits. Certain things would then have to happen, e.g. containers would have to be removed, fire exits provided going another direction, etc. There is an ice machine and water softener outside. A question concerning its presence has been raised as to whether it constitutes a violation of the County or State Health Code. Mr.LeSage concluded his comments noting whether Dorn's Restaurant wins or loses the lawsuit, there would still be a continuing violation concerning the ice machine and water softener. Councilman Rosenberg and Bill George discussed the need for Dorn's Restaurant to make application for a permit to allow the ice machine and water softener to be located where they are currently. The Community Development Department could then review the request, con- sider the violation, and determine whether a permit should be granted or not. Mr. LeSage advised Council that a letter should be sent stating that the City Code stat-s a person must obtain City approval for loca- tion of the dumpsters and apply for a permit. The Council concurred. Councilman Rosenberg suggested the letter also state that they either apply for a permit or else remove the violation. Councilman Reasor left the meeting at 6:17 p.m. Mayor Shelton stated that he would like for staff to contact the County and see if they will look at the ambiguity in the County Health and Safety Code concerning the above matter. The Council concurred. Coun-ilman Reasor returned to the meeting at 6:18 p.m. and Mr. LeSage left the meeting at 6:i8 p.m. E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL January 30, 1980 Adjourned Meeting Page 3 Mr. Guluzzy advised the Council that the Fire Chief would like to propose revisions to the City's Fire Code at the next Study Session. A question was raised concerning.Lincoln's birthday, February 12th, being given to the City employees as a holiday or February llth being a Monday being given as the holiday. The Council requested staff look into this matter and advise them so they would know which day the Council meeting is to be held on. Mr. Guluzzy advised the Council that he had received a request from the firemen requesting the 1980 Fireman's Muster location be changed to the south end of the Embarcadero. Mayor Shelton noted this would be toward the boat launch ramp and away from the highly used area. There is adequate side access for a thoroughfare. The City Council concurred with the proposed relocation of the Fireman's Muster. Councilman Rosenberg requested that staff resolve all possible problems that could occur relating to the Firemen's Muster based upon last year's problems, including the parking issue. He suggested that letters be sent to the businesses that would be affected advising them that the parking area in front of their stores would not be assessable at this time, and request they advise their customers ahead of time. At 6:30 p.m. Mayor Shelton left the meeting and requested that Councilman Rosenberg serve as Acting Mayor Pro Tem. Mr. Gurnee advised the Council that the Federal Bureau of Land Management has prepared a preliminary draft Environmental Impact Study on the proposed Outer Continental Shelf Oil Lease #53 that in- volves designating Morro Bay as one of the State's three major onshore operation facilities. Staff recommends the following: (1) Council should communicate to the B.L.M. its feeling that Morro Bay is illsuited as an area for an onshore support base for O.C.S. Lease Sale 53. (2) If B.L.M. decides topress forward with designating Morro Bay as one of the three statewide onshore support facilities, the E.I.S. should be expanded to address the following issues: (a) Impacts on the future of commercial fishing industry in a harbor with a very limited water front. (b) Impacts on Morro Bay's housing supply and its limited re- sources. • 0 MINUTES - MORRO BAY CITY COUNCIL January 30, 1980 Adjourned Meeting Page 4 (c) Impacts on the Morro Bay wetlands. (d) Impacts associated with the generation of secondary indus- tries related to the oil support base. (e) Alternate sites for onshore support facilities. MOTION: Councilman Rosenberg moved that staff be directed to write immediately, a letter strongly expressing the City's oppo- sition for Morro Bay to be an onshore support base for O.C.S. lease sale 53, and instruct staff to be in attendance to the hearings in regards to this. The motion was seconded by Councilman Reasor and carried with Councilman Cantine and Mayor Shelton absent. Mr. Guluzzy advised Council that lie would be presenting a revised Personnel Ordinance to the Council at the February 13, 1980 Study Session. Councilman Harmon stated that he would like for the City to de- velop a program for updating the City's property, e.g, houses that are rented to people and owned by the City. This would be in conjunc- tion with the Property Maintenance Code. He suggested that staff look into offering the people that are renting the houses, the opportunity to paint them if the City provided the paint for them to do so. Mr. Guluzzy stated this concept is already being researched by staff. MOTION: Councilman Rosenberg moved the meeting adjourn to the Study Session, scheduled for January 30, 1980 in the City Hall Conference Room. The motion was seconded by Councilman Reasor and carried with Councilman Cantine and Mayor Shelton absent. The meeting adjourned at 6:40 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Elizabeth Oakley Deputy City Clerk MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 28, 1980, 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order with the Pledge of Allegiance at"7:30 p.m. by Mayor Shelton. Reverend Dear gave the invocation. ROLL CALL Present: Councilmen Cantine, Harmon, Reasor, Rosenberg, and Mayor Shelton Absent: None STAFF PRESENT Donald F. Guluzzy, City Administrator Michael T. LeSage, City Attorney T. Keith Gurnee, Community Development Director John Bressan, Public Services Director Bill Goerge, Chief Building Inspector INTRODUCTIONS Mayor Shelton made the following introductions at this time: the newly appointed Chief of Police, Al Olson; and newly -appointed Legal Assitant to the City Administrator, Mrs. Ann Kibben. CONSENT CALENDAR Councilman Cantine asked that Item A-7 be removed from the consent calendar, and considered separately. A-1 Bid award: Resolution No. 6-80 Western Farm Services for liquid chlorine. A-2 Bid award: Resolution No. 7-80 Telford Smith Supply Company for miscellaneous waterworks supplies. A-3 Bid rejection: Resolution No.. 8-80 for 1/2 ton pickup (REJECT BID AND AUTHORIZE STAFF TO NEGOTIATE FOR SMALLER PICKUP). A-4 Resolution No. 9-80 Adoption of conflict of interest codes for city employees (REQUIRED BY STATE LAW). A-5 Expenditure Report for December 1 - December 31, 1979 (RECOMMEND APPROVAL). A-6 Rejection of claim made by Sierra Silver and referral to City Insurance Carrier. MOTION: Councilman Harmon moved that Items A'-1 through A-6 be approved as presented. The motion was seconded by Councilman Reasor and carried by unanimous roll call vote. A-7 Extension of Mooring Area Al-4 Morro Bay Marina Incorporated. Mr. Guluzzy explained the recommendation that this should go out to public bid, an extension of time to prepare bid specifications for competitive bid. Mr. Bressan stated that by state law we do have to go out to bid; this property is in the off -shore mooring area. He felt this is probably the best use for the site at this time. Councilman Cantine moved approval of the staff recommendation of Item A-7. The motion was seconded by Mayor Shelton and carried by unanimous 1.roll call vote. Ordinance No. 174: Home Occupations Councilman Reasor moved that Ordinance No. 174 be read by title only. The motion was seconded by Councilman Harmon and carried by unanimous roll call vote. Mr. Buluzzy read Ordinance No. 174 by title only: "Ordinance amending the Morro Bay Municipal Code adding a new section 17.48.270 regarding home occupations." Councilman Reasor moved that this constitute the second reading of Ordinance No. 174 and that it be approved as recommended by staff. The motion was seconded by Councilman Harmon and carried unanimously by roll call vote. Ordinance No. 175: Adopting Uniform Building Code for Substandard and dangerous buildings. Councilman Rosenberg moved that Ordinance No. 175 be read by title only. The motion was seconded by Councilman Reason and carried unanimously by roll call vote. Mr. Guluzzy read Ordinance No. 175 by title only: "An ordinance repealing Chapter 14.40 of the Morro Bay Municipal Code and Section 4300 through 4308 - Part III of Ordinance 15." Councilman Rosenberg moved that this constitute the second reading of Ordinance No. 17S and that it be approved as recommended by staff. The motion was seconded by Councilman Reasor and carried by unanimous roll call vote. NEW BUSINESS Resolution No. 10-80 outlining specific findings for variance at Street. Mr. LeSage stated that certain actions by the City Council require findings; this would permit a court to review it if it ever became necessary. The method of adopting findings can be very informal, but the Council does need to adopt'findings. Councilman Cantine moved that the findings of this case (Gladys Walton at 225 Main Street) that were reviewed last meeting and that have been sub- mitted by staff, be adopted. The motion was seconded by Councilman Reasor and carried, with Councilman Harmon voting no. Minutes Jan. 28, 1980 page 3 C-2 Transfer of $5,000 from unobligated reserve to Public Services Department for City Hall building modifications. Mr. Guluzzy explained that the money is proposed to be used for re -doing the frontarea of City Hall to accommodate the new telephone system and clerk/recep- tionist area. He feels the design can be accomplished in-house and then a contractor will do the work. Regarding the amount of money in the unobligated reserves, Mr. Guluzzy indicated that $30,700 has been spent to date, with a remaining balance of $482,000. Mr. Howard Gaines commented that he had expressed at the last meeting that he feels there is a need for the city to provide more comfortable chairs for the public attending council meetings; he would like a little priority (for expenditure of funds) for city hall and for the public. Mr. Don Doubledee urged staff in designing the counter space at City Hall, to consider accommodating the handicapped. MOTION: Mayor Shelton moved that $5,000 be transferred from unobligated reserves to the Public Services Department to upgrade City Hall. The motion was seconded by Councilman Rosenberg and carried, with Councilman Cantine voting no. D. HEARINGS, APPEARANCES, AND REPORTS At this time, Councilman Harmon requested that the order of the agenda be modified, in order to consider Items D-2 and D-3 before hearing Item D-1. The council generally agreed. D-2 Use Permit: Morro Bay Art Association. Mr. Guluzzy explained that this request for a use permit for holiday weekends, requires council approval, by law. MOTION: Mayor Shelton moved approval of the use permit for the Morro Bay Art Association to hold shows on holidays as listed. The motion was seconded by Councilman Harmon and carried by unanimous roll call vote. D-3 Ordinance No. 176: Property Maintenance Reulations and Code Enforcement Ordinance. Mr. Gurnee explained that this is an ordinance aimed at streamlining these sections in the existing ordinance; some of these violations are spelled out in the current ordinance, but not pulled together in one area. Nor is the responsi- bility for their enforcement localized. He presented a slide show, citing some of the examples of the violations that will be addressed by the proposed ordinance. He has spent a much greater amount of time responding to these violations than he anticipated he would. He identified a number of violations, stating that allowing deterioration of a building or a property does have an economic impact on the community even if it is hard to measure. The city needs 'muscle' to deal with Minutes Jan. 28, 1980 page 4 these problems. He has tried to taking a balanced, fair approach, heavy-handed. 0 be very careful in drafting this ordinance, and attempting to be helpful, rather than Mr. Carl Ansbury recommended that everyone take a look at this proposed ordinance. He admistted that the pictures shown by Mr. Gurnee do reveal the sore spots. In reference to the map in this ordinance that identifies areas most blighted, he stated that one of these areas so identified is his own neighborhood and he would have to say that the 'blight' is not more than 5% of that area. He feels it must be taken into consideration that in this community there are many absentee owners and older residents who cannot easily keep -up their properties. He believes that the situation that exists, is going to continue to exist. Also, he asked Council to remember that these lots are for the most part all 40 x 60 and the houses of more than 10 years do not have garages, so "you can't hide everything in the garage." Mr. Ansbury suspects that the present ordinance covers most of the 28 con- ditions listed as unlawful in the proposed ordinance. He believes the present ordinance, plus proposed sections 11 10, 18, 19, 23, 24, 26 and 27 could handle the problem areas. Regarding the parking of a boat or trailer in a neighbor's yard (Condition 7), he feels this is natural. Regarding the conditions of paint on buildings (Condition 3), he wonders who is going to make the complaint, and who is going to be the judge.of the condition. The enforcement section of the ordinance causes him to envision a squad of enforcement officers; the Planning Commission urged that this be enforced carefully and in moderation. He feels the entire ordinance is a gross exageration of the actual situation. He would recommend referring this back to the Planning Director for 'safe -keeping' until future notice from the city council. Mr. Frank Spots feels the slides Mr. Gurnee presented did show some very bad conditions, but the proposed enforcement is not the way to go. In southern California he is aware that small grants have been given (about $100) to aid property owners with paint or screening. Regarding vehicle parking, many lots do not have room for vehicle parking; he has a 20' wide lot and only 6' behind this house. And a maintained boat does not look bad at all. Mr. Brusinak indicated he has recently moved to this area. In Long Beach, there were neighborhood sessions for cleaning up areas, but this did not work too well. Regarding the certificate of occupancy portion of the ordinance which is not being recommended at this time, but which the Public Services Director indicated may become state law, Mr. Brusinak feelsthis smacks of bureacracy, and he warned the council that it will have a real tigerby the tail if it tries to enforce this. Mr. Campbell stated he supports Mr. Ansbury's theory. Regarding upgrading housing in Morro Bay, this will make housing unaffordable to many families. He would not like to see anybody.incur a lot of cost to upgrade property, as this will displace renters. Several areas of the ordinance are already covered by the current'ordinance or can be handled by the Health Department (i.e. trash and abandoned cars). If the city wants to clean up a nuisance, he would suggest enforcing the leash law; he is unoffended by walking past a lot of junk, but a dog in the street offends him as a real nuisance. When the city begins to police its existing ordinances completely, we can begin to talk about other types of ordinances. Minutes . • Jan. 28, 1980 page 5 Mr. Elmer Lobridge feels some of the ordinance, as proposed, is very good; perhaps all of it has good points. But there are areas about which we should be really concerned, i.e. parking of recreational boats (Condition 7). Due to the size of his own yard, he can physically get into his backyard only with a wheel- barrow. This ordinance needs a little more research. There are ordinances on the books now to protect the city against things we already find objectionable. Mr. Howard Gaines understood this ordinance was proposed to control absentee landlords, but feels in zeal to 'grab them', other residents may Fie harmed by the conditions of this ordinance. He feels this could largely be handled on a cooperative basis, with cooperation, in particular, from the press -- promoting a clean-up week or month -- stressing pride of ownership and of buildings. He feels many of the vehicle nuisances are located on rental properties in North Morro Bay where the lots are only 40 x 60'; he would like to see the present vehicle code ordinance expanded to take care of these vehicle nuisances. A volunteer system of compliance, and making allowances for 40 x 60' lot areas, would be his preference. Miss Dorothy Cutter commented that some of the ideas behind this ordinance are probably very good; she would like to see a separation of the parts that relate to downtown commercial and to residential areas. She too would like to see enforcement of the current vehicle code as it addresses abandoned vehicles. Mr. Walcowsky stated he would like to see a law to address unlicensed, abandoned vehicles. He feels that small lot sizes and steep hills in many residential areas contribute to limited parking. Mr. Rizzoli shared information regarding a committee he served on to study how other cities deal with annexations to their cities. In one community, a self-help program was implemented wherein the city provided paint and the owner did the work to improve the property. He would like to see more involvement and interest expressed in the people who live here to bring about improvement, rather than having to be directed to, as in this proposed ordinance. He under- stands that staff has had problems with enforcement, but prior to moving ahead with enforcement of all these proposed regulations, he would like to see more time for development and investigation of how other cities have handled these concerns. Mayor Shelton closed the hearing to public comment. Mayor Shelton stated he would like to have Mr. Gurnee respond to some of the concerns just expressed, particularly the enforcement tactices. Mr. Gurnee stated that the slides he showed were not the worst examples -- there are many many more. Also, he did not mean to imply that entire neigh- borhoods are slums, but there are blights that need to be controlled. Regarding boats and recreational vehicles, the existing code does not state that they should not be parked in front yard areas or should not be used for sleeping. Perhaps in a marine town there is no place else to put them and perhaps we should investigate this aspect further. He explained that many ordinances are not being enforced because we do not have the framework for enforcing -- there has been no delegation to a specific agency of the authority for enforcement. This ordinance gives that responsibility to one agency, making it much more acceptable and much Minutes Jan. 28, 1980 page 6 more workable; if the existing codes were working, we would not be here proposing another. Regarding the enforcement program, it is proposed that we will work with neighborhoods and suggest ways they could be organized. We are in the business of helping people, not directing their lives. He estimates that one-third of his time since he has been Community Development Director, has been in dealing with these concerns. He gave an example of how the city would propose to aid a property owner with a problem of storage, by directing him to a storage yard where such a service is provided. If the council feels this particular problem is wide -spread, and would be a hardship, financially, for example, to comply that way, then perhaps this area of the ordinance should be changed. Bill George, the Building Inspector, commented that two complaints that were taken to court, were thrown out by the judge. The ambiguity of the present ordin- ances make it difficult to enforce them. Mr. Gurnee commented further that several drafts of this ordinance have been worked through to this point, and that the city has advertised and held public hearings. People have been picking up the draft copies. The city has also looked at what other cities have done. He proposes that this ordinance be reviewed yearly. It is proposed that property owners will be offered help in the ways of grants or youth corps workers. Regarding self -auto repair (Condition 11), he views this as a definite problem in Morro Bay. He stated again that he has taken a great deal of time developing this ordinance to respond to the most pressing need he has found in his office. He feels everyone of the conditions of the ordinance are reasonable, straight -forward, and collects in one place to be handled by one department all the problems that are not currently spelled out or are spread out in various codes and not enforced. Councilman Rosenberg commented that in the interest of efficient government, he would suggest that citizens do their homework and bring their concerns to the City Council before the last minute. There have been hearings, study sessions, articles and editorials in the newspaper -- so he cannot understand why people have waited until this final consideration to come forth. Regarding property maintenance, he is a devotee of private property. He recognizes there is a problem in Morro Gay and he finds these 29 issues to be dealt:: with, reasonable. He would suggest that the issue of boats in front yards be dealt with as a specific issue at this time, and not hold up the entire ordinance with further study of it. Regarding the enforcement of this ordinance, he has no fear of 'gestapo' tactics as described by some citizens tonight. He would suggest that Condition 11 might be reworded for clarification as follows, "Performance of mechanical work on motor vehicles on public rights -of -way in excess of one week or performance of..." with the one week limit on work infront yard areas rather than in public right-of-way. Councilman Cantine asked if the City Administrator fully endorses this ordinance and considers all these items essential. Mr. Guluzzy stated that he feels the City must have something on the books to deal with the problems we have. At present, the Community Development Dipector is powerless to deal .with the problesm. He feels the ordinance is excellent. He is glad the public is expressing itself. The city staff is known for handling problems helpfully and in the right manner. He has no problem with the draft as presented. Minutes • Jan. 28, 1980 page 7 Councilman Cantine indicated that he has had constituents come to him regar- ding properties with 6 and 7 vehicles parked in front of'them, and tell him that the Public Works Department, the Police Department, the Planning Department -- none of them can do anything about it. Therefore, he feels this ordinance is necessary, but he wants to know if perhaps it represents 'over -kill'. It is his understanding that previous city staff adopted a policy of not enforcing the ordin- ances that apply to any of these areas. He has no qualms that enforcement of this ordinance will represent 'gestapo' tactics. He indicated that he sought comment from the City Administrator regarding his support, so that this ordinance is not solely on the "back of the Planning Director." Councilman Harmon felt this ordinance may not be perfect, but it is the best we have. Also, if there is any problem of dealing with public, "we can change staff." Hopefully, this ordinance will help deal with some of the problems. Councilman Reasor stated he is bothered about the problems for owners of the 40 x 60' lots, and the many that will be affected who do have boats. He would like to see some consideration in this area; it doesn't seem fair. Councilman Cantine commented that in the previous ordinance, there was provision for appeal. He has no reluctance in recognizing a unique hardship case, not of the individual's making. He asked Mr. Gurnee if this ordinance is subject to variances. Mr. Gurnee responded that yes, they could be applied for and granted. Mr. Cantine commented that he did not feel very many would qualify for hardship cases. Mayor Shelton indicated he feels helpless, frustrated by this -- learning that city agencies cannot handle the complaints that are received; there are people out there who want to have these nuisances dealt with -- he cited several calls he has received, personally . On the other hand, we have a community involved in fishing, and it is not economically feasible to direct boat owners in all cases to storage facilities. We have to come to grips with this issue. Other concerns expressed tonight could be met with modifications to certain conditions of the ordinance. Mr. Gurnee stated that if there is that much concern regarding the condition relating to boats and recreational vehicles (Condition 7), we could pull that one section and go forward with the rest of the ordinance. He emphasized that that one condition is the one that his office receives the most complaints about. Councilman Cantine repeated that that is the one he too is most concerned about. He would like to sharpen the appeal procedure and recognize the :right of variance. He feels the city could recognize a "grandfather right" in certain areas. He would be willing to carry this over to another meeting to have the Planning Director look at this. Councilman Rosenberg stated that if the entire ordinance is held up, it will be time-consuming to consider:at another meeting. He would favor not pulling the boat issue; it is one of those covered in an existing ordinance. If the city does want to change it, we can change it in both ordinances at the same time. Mayor Shelton stated that the council has encouraged public comment. In this case, the public only materialized after 6 months consideration of this issue. We don't know the reasons, but know that they have come up with these concerns which Minutes • • Jan. 28, 1980 page 8 he has not heard before. We still have an opportunity with our creative staff to address the points. The study session did not include the public input, so we should consider it now. Councilman Cantine said that according to his notes of comments made tonight, there are three areas of concern: 1) too many boats for small lot size; 2) too many cars and house trailers; 3) the painting of buildings to improve them (this one he considers minor and easily worked out through a volunteer program). MOTION: Councilman Rosenberg moved that Ordinance No. 176 be read by title only. The motion was seconded by Councilman Cantine and carried by unanimous roll call vote. Mr. Guluzzy read Ordinance No. 176 by title only: "An ordinance amending the Morro Bay Municipal Code by adding a new Chapter 17.58 entitled Property Maintenance Regulations and. deleting and replacing Chapter 17.20 with a new Chapter 17.61 entitldd Enforcement." MOTION: Councilman Rosenberg moved that this constitute the first reading of this Ordinance No. 176, and that it be approved as recommended by staff. The motion was seconded by Councilman Cantine and carried, with Councilman Reasor and Mayor Shelton dissenting. Mr. Guluzzy read the Property Maintenance Regulations, Section 17.58 and Code Enforcement Ordinance, Section 17.61. Break: 9:40 p.m. Reconvened: 9:55 p.m. D-1 Appeal of Al and Paul Meyers of Planning Commission decision approving Master Plan with conditions for their marina development. Mr. Gurnee stated that he has nothing to add in the latest of a series of reports. The issues have been extensively discussed by the Planning Commission and the City Council. The Planning Commission finally adopted the Master Plan; the Meyers disagree and are appealing this decision. Gerald Mason, representing the Meyers in their appeal, reviewed that the Meyers have been attempting to develop the property since 1975. There are two projects -- 16 slips on water front, and a residence replacing a 1920 residence. He indicated that hardships to the Meyers' have included city requirements to.: present plans that would relocate the proposed garage, modify the parking, and install plantings in the waterfront area of this working marina. These are substan= tial changes which he feels are unfair requirements to make of the Meyers, when they have complied with statutes of the State of California and received permits. He feels they have the right to continue in good faith, as they have in the past. Al Meyers presented information regarding city -imposed restrictions, including that at this boat -building marina, no boats are to be built; also, more than one- . third of this lot on the waterfront is to be put into plantings; a shower, which Minutes • • Jan. 28, 1980 page 9 the city originally required, and the Meyers want, is now being refused because there is no water for it. The original permits and plans, including revisions requested by city at that time, have been stamped approved -- and these represent what the Meyers consider acceptable to them. The parking and plantings as origi- nally proposed, were approved by the Coastal Commission. Mrs. Faith Meyer indicated she wanted to speak to the subject of what her family has been through. She stated that on July 9, 1979, the Planning Director asked the Meyers to come to his office to discuss the possibility of stop -work. order. They discussed landscaping and plantings. The Planning Director indicated he wanted to see everything on one plan. The Meyers architect met with the Plan- ning Director'on July 13 to review what should be on the master plan to be drawn. On Nov. 14, the architect was asked by the Planning Director to make additional changes on the parking lot plan -- these changes were submitted on Nov. 20. The Planning Director asked for a few more changes; the architect made these. On Nov. 21, the Planning Director contacted the Meyers that he had walked over the property, and then lifted the stop -work order on the project. The day after the Planning Commission meeting, Meyer received a letter indicating numerous changes, i.e. rather than one-third of the waterfront area to be landscaped, two-thirds of the waterfront had been approved for landscaping. Also, changes to the driveway and fencing. Dorothy Cutter stated that she lives across the street from this project, and .has for 22 years. She feels dumbfounded about the description of this being a boat -building marina. When the city became a city, this area was rezoned and there was no boat building; at a public meeting 3 or 4 years ago, she understood that boat building was no longer an allowed use. Norm Tooman stated that he is the one who builds boats at the marina. He feels certain of the city requirements constitute 'harrassment' for the Meyers, in order to provide an additional buffer for Mrs. Elenor Kolb. He commented on'the $1500 per month in slip rental that is being lost at the present time, and the danger posed by the bulkhead during the stop -work. Councilman Cantine responded to a comment that no councilpersons have been seen on the property except with Mrs. Kolb; he stated that he has walked the property many times alone, trying to learn the facts about the property, but with- out making his presence known. Dorothy Cutter commented that there is a difference between boat maintenance and boat building. Allowing this specific use (boat building) opens the door to other uses. Elenor Kolb stated that she has not walked the property with any council - people, and that Mr. Gurnee walked the property with her only once. The bulkhead that represents a safety hazard, is 8 feet over on her property and she considers it a hazard to herself as well. Regarding the $60,000 the Meyers have spent on the project to date, she contends that most of that was spent on the bulkhead which was built without city approvals and against Coastal Commission determinations. Regarding the Meyers claims that they were unaware of certain requirements of the master plan Minutes . Jan. 28, 1980 page 10 for parking, lighting and landscaping until after the Planning Commission meeting, Mrs. Kolb says that these requirements are on the tapes of that meeting, and that the Meyers attorney was present and spoke at that meeting. Regarding boat building activities, Mrs. Kolb stated that has not been done nor has it been allowed for many years; one boat was partially constructed there in 1966. It is her understanding that this is a non -conforming use and that after a year of not conducting a use (boat building), it becomes null and void to do so. Regarding the driveway location, it is too close to hers and she does not want to have to back across the marina driveway; also it conflicts with the bus unloading school children every school day. Mrs. Kolb believes the master plan is a step in the right direction, however, it does not meet all zoning ordinance requirements; the Planning Commission has never approved the bulkhead, nor has the Coastal Commission. The house permit was issued without proper proceedings. Gerald Mason stated that with reference to the transcripts of the Planning Commission meeting, he has been trying to get a copy of the tape, without success. Mr. Gurnee stated at this time that many people have listened to the tape recently and when Mr. Mason asked to hear it, the day he came in the machine did not work, and has not worked since. Ron Walker described himself as a small boat owner; he believes this marina is the only one in town where a person can work on a boat for a reaonable cost. A great hazard exists at present, and he believes the City Council is doing the public a disservice not to act on improving the property. Mrs. Kolb stated she believes her property has sustaned $50-60,000 damage in cracks in her home, slippage of her bulkhead, damage to retaining walls -- all sustained since May when the Meyers began work. She feels they have delayed their own project by not following proper procedures. Al Meyer feels the agreement the Planning Director is asking him to sign, will aid only Mrs. Kolb's property. Regarding the sheet piling approval, the city and the Corps of Engineers felt this was the best way to repair the bulkhead; now the Coastal Commission approval is being withheld until the city approves, and the city won't approve until Meyer signs the agreement to comply with conditions. He is appealing the conditions of the master plan as imposed by Planning Commission because the only change he had agreed to in advance was the moving of one parking space. Mrs. Faith Meyer stated that they did not receive notification of the Planning Commission meeting being held until the day after it occurred: And that is when they learned the plan had been approved with changes. Cliff Smith, stated that as a fisherman, the boat yard is needed. He said that boats have been built and repaired at this location for 30 years, and most recently in 1977. He is concerned about meeting the salmon fishing season; Meyer needs all the space he can get, so he asks that the city not take the space away from him (for landscaping). Minutes • . Jan. 28, 1980 page 11 Mrs. Ethel Meyer stated that the boat building and boat work have taken place on this property for years. She spoke personally of the Meyers men as fine men, very well thought of by others. She indicated that their concern for the property showed in their disappointment when a previous leasee of the property did not upgrade and maintain the property. The Meyers have been subjected to a great deal; they have never acted maliciously or with disregard to the city: However, they have been pushed to the wall. Dorothy Cutter maintained that boat maintenance and boat building are diff- erent functions; boat building is her objection and has not been done for years. Elenor Kolb feels the property could not meet ordinance requirements for boat building at all, and hardly could for boat repair. She wanted to clarify that she did not initiate the stop -work order by the city, nor the Coastal Commission action taken. Norm Tooman stated that he was hired to do the construction work before he bought the boat yard. Regarding the sheet piling,. this was not only the only method, but also the best solution. Realizing Mrs. Kolb's situation and wanting to show good faith, the Meyers had proposed to continue with the sheet piling along the front of Mrs. Kolb's property as well. Regarding the problem ,' Mrs. Kolb is expereincing with her bulkhead, this is a problem for all or at least many of the bulkheads. Mrs. Kolb stated that her bulkhead is not eroded under, but that the damage is from the sheet pilings being installed. She feels ten times as much dirt was removed than the Corps of Engineers allowed. Her bulkhead is solid, but her asphalt and her wall have cracked from the amount of dirt removed next door. At no time did she talk with the Meyers (or anyone else) regarding installing sheet piling. She did get an estimate from another firm, in case she should have to make repairs. Councilman Cantine stated that when the Meyers came before the City Council last time, he saw no reason to hold up construction of the house. He could see no gain to the Meyers or to the city to delay the house. As he recalls, the motion was made so that things could be worked out and become part of the covenant and the master plan. Why can the boat repair facility not continue? Al Meyer said because the Planning Director has boat repair tied up with conditions of the bulkhead, and the Coastal Commission has help up, waiting for city to take action. Planning Director Gurnee stated that the boat yard has been operated as such all along. Al Meyer replied, yes, under hazardous conditions. Meyer indicated that in the 1977 Planning Commission hearings, the P.C. stated they wanted to see plans for the landscaping, lighting, parking; a master plan was never specified. Paul Meyer stated that the concept.of their plans was approved at that time, based on their proposing landscaping, lighting and parking. Otherwise, they could not have gotten Coastal Commission approval. Councilman Cantine asked how the Meyers were notified that the Planning Commis- sion would be considering this. Mr. Grunee stated that he sent copies by certified mail to all applicants well in advance of the meeting. Minutes • • Jan. 28, 1980 page 12 Al Meyer stated that he had received word from someone that there would not be a quorum for that Commission meeting, so did not feel it would be consid- ered. When he picked up his mail at his post office box (it did not arrive by certified mail), the meeting had been held. Mr. Gurnee recalled he had been told that the Meyers would not be at the meeting anyway -- that they were out of state. Al Meyer agreed that he had been out of state, but arrived back earlier than expected. Mr. Gurnee stated regarding the tapes of the 1977 meeting, the minutes did not reflect, nor did the resolution later, that pieces of plans had to be pulled together. After he listened to the tapes in July of this past year, he could tell that the Planning Commission intended that they see the details of land- scaping, parking and lighting plans. Mayor Shelton reviewed that several things appear to be at issue: - A master plan was approved by the Planning Commission at public hearing; a decision was made which the Meyers are appealing, feeling that some of the condi- tions imposed .by the P.C. decision are too restrictive. - In July, it appeared that permits were inaccurate; the City Council sought to facilitate the Meyers interest by seeking an agreement between the Meyers and the Planning Department. Mr. Gerald Mason stated that the matter was approved at that time, and that there is nothing in the resolution that requires the Meyers to submit a master plan. There were two separate matters: 1) that the stop -work order would be lifted, and 2) that a covenant would be drawn. Subsequently, the differences between the City and the Meyers were worked out. Mr. Gurnee lifted the stop -work order. Then another matter -- the bathroom/shower at the marina-- came to the attention of Mr. Gurnee and he refused to lift the stop -work order until such time as a master plan was submitted. Mr. Gurnee reviewed that the matter came to the Planning Commission as follows: In June, he wrote a letter indicating that because the plan was coming in in bits and pieces, he felt an overall plan should be submitted. In reviewing the tapes in July (of the 1977 meeting), it became apparent to him that a mistake had been made -- the Planning Commission or City Council had desired to see all the plans at one time for review. Mr. Mason stated that the Meyers agreed to present such a master plan. It seemed that the City Council was in a position to make a ruling; then the Planning Commission turned around and made a requirement that the garage be handled separately. Councilman Rosenberg commented that there have been mistakes made by a number of people. Therefore, the Planning Director has attempted to find a way that we can clear this up and be fair to everyone. Mr. Mason felt that is grossly unfair on that basis and has caused his clients to spend some $60,000. Minutes • • Jan. 28, 1980 page 13 Councilmen Cantine and Rosenberg recalled that they had supported the Meyers going ahead with the residence -- separating it -- with the assurances that it would go back to the Planning Commission, and other issues could be considered with the residence excluded. Councilman Harmon stated that he has no problem with the master plan, that it was to solve the unanswered questions that had been raised. His problem now is whether the conditions which have been placed on the project are reasonable. The Meyers are saying they object to certain conditions. However, their lawyer is saying something different. He would like to be done with it, feeling that the Council has bent over backwards to make this work. Mr. LeSage stated that one if the issues is the house -- the City Council has said that because the permit has been issued, proceed with the house; however, due to a lawsuit, they cannot proceed with the house. The next issue is the pilings and the docks -- the Coastal Commission says they must have city approval before going ahead. Now the Council is approving landscaping, parking and lighting -- which is the master plan portion. Regarding the Planning staff's recommended conditions for approval of the marina master plan, Mr. LaSage felt Condition 4c., boat building, should not be a condition, as the legality or nonlegality is based on past use. Regarding relocation,of the garage, Mr. LaSage advised the Council that to require this, will be to send the Meyers back to the Coastal Commission, in addition to having the lawsuit. Mrs. Kolb commented that at the negative declaration hearing, the request made was for boat repair, not boat building. Also, the City Council said a public hearing should be conducted to hear all the concerns. At this time, there was discussion regarding staff interpretations of the zoning and nonconforming uses. Building Inspector George felt this is not a nonconforming zone; that when a PD zone is changed, it carries that designation as the total use established. Mr. Gurnee stated it has been his understanding and he has been interpreting that the use consistent with the land use is residential, and therefore, boat building or boat 'repair is nonconforming. Mr. LaSage stated that this would make all the city docks along this area nonconforming. If it is a nonconforming use, it is one of history. In either case, it should not be part of this consideration. Councilman Rosenberg suggested the Council could ask for a specific staff report to clarify this issue. Mayor Shelton felt that the Council must act to uphold or not uphold the conditions imposed by the Planning Commission. He would favor upholding the Planning Commission action, but deleting Condition 4c. relating to boat building, pending research and report by Planning staff of the boat building issue. Minutes • • Jan. 28, 1980 page 14 Councilman Cantine favored taking two separate actions: deny the appeal, deleting Planning Commission Condition 4c, and then as a separate action, .review the history of it and establish as either being permitted or not permitted (boat building). He thinks a legal opinion is needed as to whether under the ordinances, boat building is properly a part of this action; then he would approve deleting Condition 4c, if City Attorney rules that this can be removed from the Planning Commission conditions of approval for the master plan. MOTION: Mayor Shelton moved that Condition 4c. be deleted from the conditions for approval of the marina master plan. The motion was seconded by Councilman Harmon and carried by unanimous roll call vote. MOTION: Councilman Cantine moved the City Attorney be directed to render an opinion on the appropriateness of the inclusion of boat building in the Meyers project, based on the history of the project, and determine if legally permissable. The motion was seconded by Mayor Shelton and carried on a unanimous roll call vote. In response to a question regarding the occupancy of the house, Mr. Gurnee commented that in approving the house, the City Council made the condition that the approval of the garage would hold up the occupancy of the residence. Councilman Reasor was of the opinion that there could be no occupancy until everything was completed. Mr. Gurnee agreed that there are a number of improvements the city wants to assure are installed before the property is occupied. Councilman Harmon wondered if this could be changed to permit occupancy of the new docks. Mrs. Kolb stated that the general and specific plans are intended to assure that everything else will be done or completed. Al Meyer questioned why the garage has to be tied in, when the rest of the property and land are leased for purposes of marina and boat building uses. Councilman Harmon stated that the garage will have to be considered by the Coastal Commission. Mr. Gurnee cautioned that depending on the Council's action, there might end up a situation of approval of a residence and no marina. Ron Walker commented that this is a matter of public interest; if the Council votes restrictions on the Meyers, they won't even be able to build the slips, which are really needed. Discussion followed regarding implications of any actions.:the Council might take, and the time frame to be considered. Regarding assurances, Paul Meyer stated that all their equipment, and materials are on the site -- there is no question that they will be staying around. Al Meyer stated his preference that the residence be separated from conditions for the marina. Minutes • Jan. 28, 1980 page 15 Mr. LaSage counseled that approval is for plans that relate to the marina, and that he could not see that the Council could tie-in a residence. Councilman Rosenberg wanted to see some way of assuring that the docks and landscaping would be completed.if the house is to be occupied. MOTION: Councilman Harmon moved that Condition 6 of the Planning Commission .conditions of approval, be changed to delete "or the Al Meyers' residence". The motion was seconded by Councilman Reasor and failed on the following roll call vote: Ayes - Councilmen Harmon and Reasor; Noes - Councilmen Cantine and Rosenberg and Mayor Shelton. Mr. Guluzzy reminded the Council that a vote should be taken to continue the meeting beyond 12:00. It was so moved and carried. Break: 12:15 a.m. Reconvened: 12:22 a.m. Councilman Harmon felt that the assurances the Council seeks are making it economically unfeasible for the Meyers. Gerald Mason could not think of an alternative to accomplish what the Council has in mind. He feels it appears that if Council proceeds and refuses to approve occupancy of the house, ti6ing it to the master plan, that this constitutes taking private property illegally. Mayor Shelton stated he can understand the Meyers wanting to get this built and completed, but the Council cannot ignore the findings of the Planning Commis- sion at public hearings. He would suggest that the appeal be denied. Mr. Gurnee stated that legal issues aside, this plan makes sense to buffer two uses here -- creates a desirable buffer to residential and quasi -commerical property. If this could be looked at calmly, developing this per the master plan will provide a facility like has not been seen in this town and a real asset. There is actually a savings in dollars in some areas of this plan. The Planning Commission went to great lengths to make these conditions reasonable. Councilman Harmon expressed concerns regarding the size of the buffer (Condi- tion le.) -- he would like to see this not be wider than 6 feet. This require- ment should pertain only to fence and edging area. MOTION: Mayor Shelton moved that the Meyers appeal be denied,.subject to the Planning Commission's recommended conditions, as amended (excluding Condition 4c). The motion was seconded by Councilman Cantine, and carried, with Councilman Harmon dissenting. At this time, the Council moved to adjourn and to continue the Individual Determination and/or Action items remaining on the agenda, to executive meeting, scheduled for Wednesday, January 30, at 5:15 p.m. in the City Hall Conference Room. Minutes Jan. 28, 1980 page 16 The meeting adjourned at 12:30 a.m._ RECORDED BY: Donald F. Guluzzy, City Clerk By: Jane Johansen, Acting Deputy City Clerk jj 0 ' MINUTES - MORRO BAY CITY COUNCIL Study Session January 16, 1980, 5:15 p.m. Morro Bay Recreation Hall The meeting was called to order at 5:15 p.m. by Mayor Shelton. ROLL CALL Present: Councilmen Harmon, Cantine, Reasor, Rosenberg and Mayor Shelton Absent: None STAFF PRESENT T. Keith Gurnee, Acting City Administrator Bill George, Building Inspector Sharon Lilley, Acting Deputy City Clerk Mr. Gurnee stated that there was a need to centralize many existing violations and new violations to strengthen the code enforcement section of the Zoning Ordinance and to set forth procedures which have not existed in the past. Mr. Gurnee stated that we need to consolidate to make accountable to one person, the activities of code enforcement. He stated that a three -ordinance package went to the Planning Commission which included: 1. Property Maintenance 2. Certificate of Occupancy 3. Enforcement Section of Existing Zoning Ordinance Mr. Gurnee stated that these three ordinances would be coupled with the Code Enforcement Program which would take care of many of the problem areas of Morro Bay. Mr. Gurnee stated that the Property Maintenance Regulations and Code Enforcement Ordinances. were heard by the Planning Commission and that they acted positively on them. However, they refused to act upon the Certificate of Occupancy until they could hold additional study sessions on this issue. Mr. Gurnee stated that there is overwhelming support from the community in both residential areas and various businesses. Bill George stated that there is a state mandate to comply with the Uniform Building Code which requires inspection of all motels, hotels, and apartments which are two stories or less and that we have approximately 2-3 years to complete the job. Mr. Guluzzy arrived at the Study Session at 5:35 p.m. MINUTES - MORRO*Y CITY COUNCIL • Study Session - January 16, 1980 Page 2. Mr. George stated that it is because the local cities and counties are not doing their jobs in code enforcement that the state is being forced to mandate compliance with the Uniform Building Code. He stated that the Planning Commission is requesting that the City Council hold hearings on this issue. Bill George stated that he has never pushed a full abatement of a nuisance because there has never been a clear definition as to how the abatement process should be carried out. Mr. George distributed copies of the state law regarding Certificate of Occupancy. He stated that the only area which can be forced to be corrected are those which are of grievous danger to the tennant. Councilman Rosenberg stated that he has a real concern about the inspection process and the privacy rights of tennants. He stated that the ordinance should include a clause which states what the intent of the inspection is and that it is for the purpose of that inspection only and that no other violations could be reported. Mr. Gurnee stated that the only violations which people will be asked to have brought up to code will those which are life endangering. Mayor Shelton asked what the appeal procedure would be for the Certificate of Occupancy and whether it should be included in the ordinance? Mr. Gurnee replied that the best way to handle it was to re -write the Municipal Code. Councilman Cantine discussed how the Certificate of Occupancy would effect renters. He asked if renters would be required to obtain a Certificate of Occupancy each time they moved into another apartment? Mr. Gurnee stated that the owner of an apartment would be required only once each year to get a Certificate of Occupancy. Mayor Shelton asked if we had the staff and budget to handle these kinds of inspections? Mr. Gurnee stated that we would have to concentrate on the specific problem areas in the City. A discussion followed regarding making the Certificate of Occupancy as part of the escrow process. It was stated that it would be necessary to check with the City Attorney for guidance. Mayor Shelton left the meeting at 6:25 p.m. Mr. Gurnee discussed the Property Maintenance Code and what its effectiveness could be on the City. Mr. Gurnee stated that major mechanical work would not be allowed to be done in the front yard of residential areas. He stated that the primary factor for consideration would be not completing a repair in a reasonable amount of time. Mr. Gurnee stated that in order for the Code Enforcement Program to work and be successful, we have to have a reasonable and flexible attitude. Councilman Cantine stated that he wants the general statements deleted from the code and feels that the job can still be accomplished successfully without these general statements. Mr. Gurnee stated that his primary targets for the Property Maintenance would consist of the following: unpainted buildings, mechanical repairs MINUTES - MORRO Study Session - Page 3. BAY CITY COUNCIL January 16, 1980 of vehicles in rights of way; and furniture stored in yards (must comply with Garbage Ordinance). Mr. Gurnee stated that he would try and be more specific and would set time limits in the code giving guidance as to when such conditions had to be corrected. Councilman Cantine suggested that #24 & 25 be deleted along with the words "spite neighbors". The Council concurred. Mr. Guluzzy called for an Executive Session on Friday, January 18, 1980, at 7:00 p.m. at the City Hall Conference Room to discuss the Police Chief candidates. The Council agreed. MOTION: Councilman Harmon moved that the meeting be adjourned to Executive Session on January 18, 1980, at 7:00 p.m. in the City Hall Conference Room. The motion was seconded by Councilman Reasor and was unanimously carried by roll call vote. The meeting adjourned at 7:16 p.m. Recorded By: DONALD F. GULUZZY City Clerk By: Sharon Lilley, Acting Deputy City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL January 14, 1980, 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. A-1 A-2 A-3 A-4 A-5 A-6 A-7 A-8 A-9 A-10 A-11 A-12 A-13 CONSENT CALENDAR Minutes of the November 13, 1979 Minutes of the November 14, 1979 Minutes of the November 19, 1979 Minutes of the November 28, 1979 Minutes of the December 3, 1979 Minutes of the December 10, 1979 Minutes of the December 10, 1979 Minutes of the December 12, 1979 Minutes of the December 17, 1979 Minutes of the December 20, 1979 Minutes of the December 20, 1979 Expenditure Report: November 1, (RECOMMEND APPROVAL) Regular Meeting. Executive Session. Special Meeting. Executive Session. Special Meeting. Regular Meeting. Executive Session. Adjourned Meeting. Special Meeting. Special Meeting. Executive Session. 1979 to November 30, 1979. Request to set a public hearing on January 28, 1980 for Nuisance Abatement at Gold Nugget Fisheries. (RECOMMEND APPROVAL) B. UNFINISHED BUSINESS B-1 Ordinance No. 174: Home occupations. B-2 Resolution No. 1-80: Renaming Del Mar Park to Roger D. Silacci Memorial Park. B-3 Rate Increase: Morro Bay Garbage Service. C. NEW BUSINESS C-1 Bid award: Community Promotions Contract to Morro Bay Chamber of Commerce for $2,385 plus City Council authorized expenses for additional services. C-2 Bid award: Visitor Information Center Contract to Morro Bay Chamber of Commerce for $8,955. C-3 Bid award: Emergency Generator. D. HEARINGS, APPEARANCES, AND REPORTS D-1 Public Hearing: Appeal of Planning Commission decision by Glen Haislip granting a variance permit at 225 Main Street. D-2 Public Hearing: Ordinance No. 175 adopting Uniform Building Code for Substandard and dangerous buildings. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 14, 1980, 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order with the Pledge of Allegiance at 7:30 p.m. by Mayor Shelton. Reverend Dear gave the invocation. ROLL CALI. Present: Councilmen Cantine, Harmon,Reasor, Rosenberg and Mayor Shelton Absent: None STAFF PRESENT T. Keith Gurnee, Acting City Administrator Michael T. LeSage, City Attorney Sharon Lilley, Acting Deputy City Clerk PUBLIC COMMENT Joan Leifhelm, owner of the Flower Pot, stated that on December 12th, she was closed down because of the outside sale of Christmas trees she was doing without a use permit. She stated that at the time of taking out her business license, no one explained to her at that time that there was a restriction on outside sales. Ms. Leifhelm stated that she would like to see some type of uniform code or law regarding outside sales of Christmas trees off premises. Howard Gaines stated that he was surprised about the occurence. Keith Gurnee stated that it is very time consuming to obtain a use permit and that he hoped to have the Municipal Code changed by next Christmas to prevent a similar situation from occurring again. Mr. James Campbell spoke regarding the leash law enforcement in Morro Bay. Mr. Campbell stated that some ordinances are carried out while other are ignored. Mr. Campbell stated that he would like a commitment'. from the Council that this law would be enforced now. Councilman Cantine agreed with Mr. Campbell and stated that the Police Department is not enforcing the leash law because they say it is not under their jurisdiction, but rather under the jurisdiction of the County. Therefore, they would not issue a citation. Councilman Cantine stated that the Council should hold a public hearing on this issue. Mike LeSage stated that a citation could be issued without impounding the animal. MINUTES - MORRO E16 CITY COUNCIL January 14, 1980, Regular Meeting Page 2. CONSENT CALENDAR A-1 Minutes of the November 13, 1979 Regular Meeting. A-2 Minutes of the November 14, 1979 Executive Session. A-3 Minutes of the November 19, 1979 Special Meeting. A-4 Minutes of the November 28, 1979 Executive Session. A-5 Minutes of the December 3, 1979 Special Meeting. A-6 Minutes of the December 10, 1979 Regular Meeting. A-7 Minutes of the December 10, 1979 Executive Session. A-8 Minutes of the December 12, 1979 Adjourned Meeting. A-9 Minutes of the December 17, 1979 Special Meeting. A-10 Minutes of the December 20, 1979 Special Meeting A-11 Minutes of the December 20, 1979 Executive Session. A-12 Expenditure Report: November 1, 1979 to November 30, 1979. (RECOMMEND APPROVAL) A-13 Request to set a public hearing on January 28, 1980 for Nuisance Abatement at Gold Nugget Fisheries. (RECOMMEND APPROVAL) Mayor Shelton reviewed all the items on the Consent Calendar. Keith Gurnee requested that item A-13 be pulled from the Consent Calendar. MOTION: Councilman Rosenberg moved that Items A-1 through A-12 be approved as recommended by staff. The motion was seconded by Councilman Reasor and carried by roll call vote with Councilman Cantine voting no. A-13 Request to set a public hearing on January 28, 1980 for Nuisance Abatement at Gold Nugget Fisheries. Keith Gurnee stated that this was a request to set a public hearing on the abatement of a nuisance at Gold Nugget Fisheries. MOTION: Mayor Shelton moved that Item A-13 be set for a Public Hearing on February 11, 1980. The motion was seconded by Councilman Rosenberg and unanimously carried. B. UNFINISHED BUSINESS B-1 Ordinance No. 174: Home occupations. Keith Gurnee stated that this was the second reading of this ordinance. MOTION: Mayor Shelton moved that Ordinance NO. 174 be read by title only. The motion was seconded by Councilman Harmon and was unanimously carried. Keith Gurnee read Ordinance No. 174 by title only. MINUTES - MORRO BAY CITY COUNCIL January 14, 1980, Regular Meeting Page 3. Councilman Rosenberg stated that he had several questions regarding this ordinance as he was absent at the last meeting when it was discussed. Councilman Rosenberg stated that number B-2 could be misinterpreted. Mr. Gurnee stated that it is a safeguard to prevent commercial business in a residential area. Mr. Gurnee stated that these standards are devised to provide guidelines. Councilman Rosenberg also stated that he had a problem with sales and display in a residential area. Councilman Rosenberg stated that he tries to look at the long term effect of this ordinance, especially in the interpretation of the word "sales". Mayor Shelton agreed that no sale or display of merchandise on the premises be included in this section. Councilman Rosenberg stated he also had a problem with V . Mr. Gurnee stated that anything involving parking requirements would have to go to the Planning Commission for their approval. MOTION: Mayor Shelton moved that Ordinance No. 174 be approved with the first reading as amended. The motion was seconded by Councilman Rosenberg and unanimously carried by roll call vote. B-2 Resolution No. 1-80: Renaming Del Mar Park To Roger D. Silacci Memorial Park Mayor Shelton opened this item to public hearing. Mr. James Campbell stated that he supported this man and his accomplishments for the youth of the community. However, he would suggest some other alternatives rather than the renaming of Del Mar Park. He suggested that one possibility would be to hold a softball tournament each year in his name or have some kind of a memorial in his name. Residents who live inthe area of Del Mar Park would like to see it remain that name. Mr. Silacci's sister spoke and stated that she and the family would like to see the -park renamed after Roger Silacci. She wanted to know why this item had to be heard again before the City Council? Mayor Shelton explained that the Parks & Recreation Commission had recommended the renaming of the park to the Council and that they were now taking that recommendation under consideration. Mr. Howard Gaines stated that he felt that the precedent had already been established with the denial by the State to rename Atascadero Beach on the basis of expense to change the name. Mr. Gaines stated the addition of a living tree with a plaque as a living memorial. Mr. Ansberry stated that the next generation would not know who Mr. Silacci was and said he would like to see it remain Del Mar Park. MINUTES - MORRO BAY CITY COUNCIL January 14, 1980, Regular Meeting Page 4. Councilman Cantine stated that we need to establish a policy statement on the naming of public parks after individuals rather than on geographical locations. Councilman Reasor suggested that only a portion of the park be named after an individual, i.e. a baseball diamond. Councilman Cantine stated that he is in favor of leaving Del Mar Park the way it is currently named. Mayor Shelton stated that the Council should hold off making a decision until after a policy statement is established. Mayor Shelton stated that he would be in favor of renaming Del Mar Park to the Roger D. Silacci Memorial Park. Councilman Reasor stated that on all the legal documents, it has been referred to as Del Mar Park. He would rather be in favor of selecting one specific area within the park to name after Mr. Silacci. Councilman Rosenberg stated that he does not like the idea of naming parks or public areas after specific individuals. He stated that if the precedent had been established in the past, then it is time for the Council to stop this kind of practice. Councilman Rosenberg feels that the Parks and Recreation Commission be directed to specify only one area of the park after Roger Silacci, with a suitable memorial marker. MOTION: Councilman Cantine moved that the recommendation by the Parks and Recreation Commission on the renaming of Del Mar Park to Roger D. Silacci be recognized and that it be the policy of the Council that the naming of public parks be by geographic location rather than by individuals and that the Parks & Recreation Commission be advised of this so that it can be included in their draft proposal of designating public facilities: The motion was seconded by Councilman Rosenberg and was carried with Mayor Shelton voting no. MOTION: Councilman Cantine moved that the Parks & Recreation Commission be requested by Council to do a search of an appropriate manner to honor Mr. Roger Silacci for his service to the youth of this city. The motion was seconded by Councilman Reasor and was carried with Mayor Shelton voting no. B-3 Rate Increase: Morro Bay Garbage Service Keith Gurnee reviewed the report from Tom McGonagill and stated that staff's recommendation was to not support a rate increase at this time based upon the information that was submitted by Morro Bay Garbage Service. Mr. Gurnee stated that after looking at the financial statement, there is no doubt that they are losing- money. Mr. Gurnee stated from a memo dated January 14, 1980, Mr. Guluzzy suggested the possibility of an interim rate increase be considered to assist the garbage company on a temporary basis until a more complete analysis could be achieved. Mayor Shelton stated that Mr. 0 MINUTES - MORRO BAY CITY COUNCIL January 14, 1980, Regular Meeting Page 5. Guluzzy implied in his memo that unless a rate increase was approved that night, that Morro Bay Garbage could default on their contract. Mr. Gaines stated that a performance bond is usually included in a bid to prevent this from happening. Mr. Wagner stated that the reason for trying to convert from yard service to curb service is to cut their costs. Mayor Shelton stated that staff needs more time to examine and study the entire problem. Councilman Cantine stated that he does not want to take any action at this time with the City Administrator and the Finance Director out of town. Councilman Cantine stated that it appeared that an adjustment of rates is necessary and that the city wants to keep Morro Bay Garbage functioning. Councilman Cantine also suggested that perhaps the salaries of key personnel in the business could be revealed to the Council only for consideration. Councilman Cantine stated that this item should be deferred until the next regular City Council meeting. Mayor Shelton stated that it was an unfair request to ask staff to come back in two weeks with a recommendation when staff is so busy. A.CPA representing Morro Bay Garbage Company stated that he felt that all of the necessary information had been presented in the report and that perhaps the Council could approve the commercial rates that night and discuss further the residential rates. Mr. James Campbell proposed the idea to Mr. Wagner of buying garbage cans at the bulk rate and selling to customers as needed at his costs. Mr. Wagner stated he, would consider this proposal if he is compensated for this service. Councilman Rosenberg stated that he wants a clear staff recommendation or justification for the proposed rate increase. MOTION: Councilman Harmon moved that this item be heard at the earliest possible date. Councilman Cantine requested a date certain premised that additional information be received from Morro Bay Garbage Company. The motion was seconded by Mayor Shelton and was carried with Councilman Cantine voting no. RECESS: 9:30 p.m. RECONVENE: 9:37 p.m. C. NEW BUSINESS C-1 Bid award: Community Promotions Contract to Morro Bay Chamber of Commerce.for $2,385 plus City Council authorized expenses for additional services. 0 MINUTES - MORRO BAY CITY COUNCIL January 14, 1980, Regular Meeting Page 6. Mr. Gurnee stated that Mr. Guluzzy and Mr. McGonagill feel that the bid should be approved and given to the Chamber of Commerce because they were the only responsive bidder and recommend awarding the bid to the bidder on a six month basis. The other bid submitted by Caldwell did not include a six month report as was required in the bid specifications. Councilman Cantine stated that he is unwilling to award the bid to the Chamber of Commerce based upon the problems that occurred several months ago, i.e. board members and other key personnel. He feels that they serve the City very well on an independent basis. Councilman Cantine stated that he would be happy to defer the decision until after April 8, 1980. Councilman Rosenberg stated that of the two bids submitted, he felt that the Caldwell bid was put together in a better manner than the Chamber of Commerce. Councilman Cantine stated that he was in favor of awarding the bid to the Chamber of Commerce as proposed. Mayor Shelton complemented Councilman Rosenberg on his excellent job in working on the Community Promotions and Visitor Information Center bid process. Mayor Shelton stated that he is concerned about the fact that the city will only receive $450 in actual expenditures for advertising for the remainder of this fiscal year in the Chamber of Commerce bid for Community Promotions. Mayor Shelton stated that the Caldwell bid provided for several spot announcements in their bid, while the Chamber did not. For this reason, Mayor Shelton stated that he could not approve the bid as presented. Howard Gaines stated the money that was not spent by the Chamber of Commerce on advertising for the City, should be given back to the City. He said the money could be better appropriated for street repairs. Judy Kerestan, secretary for the Chamber of Commerce, said that there is a lot of advertising done which does not show up any where in the records. Betty Floercky, President of the Chamber of Commerce, stated that she feels that the City Council should support the Chamber of Commerce with its new board and personnel and that both sides should forget the past. Fred Smith, Barbara Isabel, Neil Kline and Mr. Ansburry also spoke regarding the Chamber of Commerce. Councilman Reasor stated that he would have to vote no on awarding the bid to the Chamber of Commerce. Councilman Harmon stated that he does not have any problem in approving spending this money for community promotions. He stated that the reason for this bid process was to satisfy everyone where the money was going and where it will go in the future. Councilman Harmon stated whether 0 MINUTES - MORRO BAY CITY COUNCIL January 14, 1980, Regular Meeting Page 7. or not money for advertising was properly spent in the past needs to be answered, but it does not need to be answered by this particular proposal. Councilman Harmon stated that he would be in favor of voting for this appropriation so that the city can get on with community promotions. Councilman Rosenberg stated that he would also be in favor of this proposal as this allocation would benefit the city as a whole. MOTION: Councilman Cantine moved that the proposed contracts for Community Promotions and Visitor Information Center be deferred for consideration to the first regular meeting after April 8, 1980. The motion was seconded by Council- man Reasor and was carried by roll call vote with Councilmen Harmon and Rosenberg voting no. C-3 Bid Award: Emergency Generator Mr. Gurnee stated that 5 bids were received and the lowest bid was submitted by San Luis Power House for $7,990.75 for an emergency electrical generator. Mr. Guluzzy proposed that Council accept this low bid from San Luis Power House, in the form of Resolution No. 5-80. Mr. Campbell suggested that Mr. Guluzzy check with General Services Administration for any surplus that might be available. Mayor Shelton stated that he assumes that Mr. Guluzzy has checked into this. MOTION: Councilman Cantine moved that Resolution No. 5-80 be read by title only. The motion was seconded by Councilman Reasor and was unanimously carried. Keith Gurnee read Resolution 5-80 by title only. "A Resolution Authorizing an Award of a Bid for an Emergency Generator for the Morro Bay Police Department." MOTION: Councilman Cantine moved that Resolution 5-80 be approved. The motion was seconded by Councilman Harmon and unani- mously carried by roll call vote. RECESS: 10:50 p.m. RECONVENE: 10:57 p.m. D. HEARINGS, APPEARANCES, AND REPORTS D-1 Public Hearing: Appeal of Planning Commission decision by Glen Haislip'granting a variance permit at 225 Main Street. MINUTES - MORRO BAY CITY COUNCIL January 14, 1980, Regular Meeting Page 8. Mr. Haislip stated that this appeal was not just his but also included his neighbors. He stated that his alternate plan will provide more visability and safety at Main, Oak, and Shasta Streets. Sections of the Municipal Code pertaining to parking were discussed by Mr. Gurnee and Mr. Haislip. Mr. Gurnee explained the appeal of a variance to construct a 5 space parking area on a small triangular shaped parcel. He stated that he had come to the con- clusion that the safest way to align the parking is the way Gladys Walton proposed it. Mr. Williams, Civil Engineer, spoke on behalf of Mrs. Walton and stated that'he approves of the proposal as presented. Mr. Lemons, Neil Kline, and Harvey Pederson spoke against Mrs. Walton's proposal. Mr. Gurnee stated that it is a classic hardship lot that is small and odd shaped. The only way to provide the 5 space parking requirement in this location is to construct it the way it is being proposed. It is a case of doing what looks best and is safe for this particular parcel. Councilman Rosenberg stated that he supported the Planning Commission decision. Councilman Cantine stated that he would be opposed to opening the site in question onto Main Street. Council- man Harmon asked Mr. Gurnee what the possibilities were of building a structure on that location? Mr. Gurnee stated until the building moratorium was lifted there is nothing to worry about and that it would require a full hearing. Councilman Reasor stated he did not like the idea of a personal residence or dwelling being constructed on that parcel. MOTION: Councilman Cantine moved that the appeal by Glen Haislip granting a variance for the construction of a parking lot be denied. The motion was seconded by Councilman Reasor and was carried by roll call vote with Councilman Harmon voting no. D-2 Public Hearing: Ordinance No. 175 adopting Uniform Building Code for Substandard and dangerous buildings. Mr. Gurnee stated that these are long standing codes for dangerous buildings which have been in existance and adopted by cities across the nation. However, Morro Bay has never gone through the process of officially adopting these codes. Mayor Shelton opened this item to public hearing. There was no public comment. Mayor Shelton closed the public hearing. Mr. Gurnee stated that. he would like to see the Council schedule this item for a second hearing. •- 4 0 MINUTES - MORRO BAY CITY COUNCIL January 14, 1980, Regular Meeting Page 9. MOTION: Mayor Shelton moved that Ordinance No. 175 be read by title only. The motion was seconded by Councilman Cantine and unanimously carried. Mr. Gurnee read Ordinance No. 175 by title only. "This is an Ordinance Repealing-- Chapter 14.40 of the Morro Bay Municipal Code Section 4300 to 4308, part 3, Ordinance 15 Regarding the Abatement of Unsafe Buildings and Substandard Buildings. MOTION: Mayor Shelton moved that Ordinance No. 175 be approved and this constitutes the first reading. The motion was seconded by Councilman Cantine and unanimously carried by roll call vote. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Mayor Shelton stated that at the"last meeting he asked the Council to be thinking of who they might like to appoint to the Water Advisory Board or the North Coast Transit Committee. Because Mayor Shelton had received no word from -the Council of an interested member, he appointed himself to the Water Advisory Board, and appointed Councilman Reasor to serve as the alternate. Mayor Shelton also appointed himself to the North Coast Transit Committee. E-2 City Attorney The City Attorney had nothing to report. E-3 City Administrator Keith Gurnee, Acting City Administrator, presented the Certification of'the results of the Annexation Initiative qualifying this for the ballot on April 8, 1980. He stated that Mr. Guluzzy recommended that the Council adopt Resolution No. 4-80. Mike LeSage stated that once an initiative has been certified, then it is up to the Council to pass a Resolution calling and ordering an election on that particular issue. MOTION: Councilman Harmon moved that Resolution No. 4-80,-be .read by title only. The motion was seconded by Councilman Reasor and was unanimously carried. Mr. Gurnee read Resolution O. 4-80 by title only. "Resolution of the City Council of the City of Morro Bay Giving Notice of the Placement Upon the April 8, 1980 Election Ballot of A Certain Question, Proposition, or Measure Relating to an Initiative Ordinance of the People of the City of Morro Bay Requesting Voter Approval of Annexations Measure Relating to an Initiative." MINUTES - MORRO BAY CITY COUNCIL January 14, 1980, Regular Meeting Page 10. Mayor Shelton stated that the motion was unclear. He requested that the word "requesting" be changed to "required" and that the words "measure relating to an initiative" be deleted: from the Resolution. MOTION: Councilman Harmon moved that Resolution No. 4-80 be approved as amended. The motion was seconded by Councilman Reasor and was unanimously carried by roll call vote. MOTION: Mayor Shelton moved that the meeting be extended past midnight. The motion was seconded by Councilman Cantine and was unanimously carried. Keith Gurnee stated that he would like to discuss the grading on the hillside in the Del Mar heights area and the fact that the county does not want to do anything about it. He also stated that the Coastal Commission had been contacted and they were to get together with the County to discuss this problem but that it had been postponed. Mr. Gurnee stated that there are 6-7 roads currently cutting across the hillsides which are prone to slide. Mayor Shelton stated that this area is in the sphere of the City's influence, but yet there is absolutely nothing that the city can do about it. MOTION: Councilman Harmon moved that the City Council go on record directing staff and City Council to prepare for presentation to the County Board of Supervisors a strong objection to their position on the Myer's lease within the Morro Bay City Limits in light of the general plan and our designation of it as a land slide prone area and that it should be covered under the Environmental Impact Report any action which is taken on it. The motion was seconded by Councilman Cantine and was unanimously carried. MOTION: Mayor Shelton moved that the meeting be adjourned to Wednesday, January 16, 1980, at 5:15 p.m. in the City Hall Conference Room for a Study Session. The motion was seconded by Councilman Reasor and was unanimously carried. The meeting adjourned at 12:17 p.m. Recorded by: DONALD F. GULUZZY, City Clerk By: Sharon Lilley Acting Deputy City Clerk