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HomeMy WebLinkAboutJanuary to December (2)CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING December 27, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of December 13, 1971 2. Minutes of the executive meeting of December 13, 1971 HEARINGS, APPEARANCES AND REPORTS None UNFINISHED BUSINESS B-1 Ordinance No. 100 Zoning Ordinance Amendments (second reading) B-2 Resolution accepting the recommendation of the City Planning Commission and adopting the Preliminary Housing Element of the City General Plan B-3 Resolution approving amendment to lease with James Maul - Lease Site No. 10 B-4 Resolution approving amendment to lease with Carver and Lindwall - Lease Sites No. 110W, 111W, 112W NEW BUSINESS C-1 Resolution authorizing the Department of General Services of the State of California to purchase certain items C-2 Request of the Director of Public Works for determination on water service outside city limits C-3 Consideration of request of Virgil Moores for modification of existing floating docks C-4 Request of John Den -bulk for approval of assessment district for construction of beach front road INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence 0 A MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 27, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Wood of the Assembly of God Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay and Mayor Mitchell ABSENT: Councilman Walters MINUTES The minutes of the regular meeting of December 13, 1971 and the executive meeting of December 13, 1971 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written, The motion was seconded by Councilman McConaghay. Mayor Mitchell pointed out a typographical error in the execu- tive meeting minutes of December 13, 1971. The word "personal" should be changed to read "personnel". The motion was unanimously carried with the above correction noted. HEARINGS, APPEARANCES AND REPORTS None UNFINISHED BUSINESS B-1 :ORDINANCE NO. 100. Zoning Ordinance Amendments (second reading MOTION: Councilman Donohoo moved that Ordinance No. 100 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Ordinance NO. 100 by title only. MOTION: Councilman Donohoo moved that this constitute the second and final reading of Ordinance No. 100 and that it be adopted. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. B-2 RESOLUTION NO. 83-71. Resolution accepting the recommendation of the City Planning Commission and adopting the Preliminary Housing Element of the City General Plan MOTION: Councilman Donohoo moved that Resolution No. 83-71 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. C; MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL December 27, 1971 Mr. Little read Resolution No. 83-71 by title only. MOTION: Councilman McConaghay moved for the adoption of Resolution No. 83-71. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. B-3 RESOLUTION NO. 84-71. Resolution approving amendment to lease with James Maul - Lease Site No. 10 Mayor Mitchell explained that the amendment provided for a five year lease extension for a total of forty years as authorized by the Council at their last regular meeting. MOTION: Councilman McConaghay moved that Resolution No. 84-71 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution No. 84-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 84-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. B-4 RESOLUTION NO. 85-71. Resolution approving amendment to lease with Carver and Lindwall - Lease Sites No. 110W, 111W, and 112W Mayor Mitchell explained that the amendment provided for a lease extension of one year in order to give the estate time to begin construction, but that the estate was not to assign lease without prior Council approval. MOTION: Councilman Donohoo moved that Resolution No. 85-71 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried.' Mr. Little read Resolution No. 85-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 85-71. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. NEW BUSINESS C-1 RESOLUTION NO. 86-71. Resolution authorizing the Department of General Services of the State of California to purchase certain items. Mr. Little explained that this resolution authorized the City's purchasing agent, Mr. Warden to sign for vehicles purchased from the State. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL December 27, 1971 MOTION: Councilman Donohoo moved that Resolution No. 86-71 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 86-71 by title only. MOTION: Councilman Donohoo moved'for"•theiadoption-of-Resolution No. 86-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. C-2 Request of the Director of Public Works for determination of water service outside city limits. Mayor Mitchell referred to a Memorandum from Director of Public Works, Doug Stuart, informing the Council of the request. The water service is requested by a Mr. Turri who owns a 2-acre parcel of property on San Luisita Creek Road near Highway No. 1. Councilman Donohoo stated that the Council has previously authorized such service connections and recommended that the Council approve this request. MOTION: Councilman Donohoo moved that the request of Leo Turri for service connection be approved. Discussion followed with Mr. Little informing the Council that Mr. Turri would bear all costs of the connection. City Attorney Michael LeSage stated that the Council could make a provision in granting the request for a certain length of time with the right to revoke upon reasonable notice. Mayor Mitchell felt that this was applicable and suggested that the City use this as policy for any other requests they have in the future. Councilman Donohoo withdrew his motion MOTION: Mayor Mitchell moved that ,the request be granted with the conditions applied by Staff which would include a provision that service could be termin- ated upon reasonable notice. The motion was seconded'by Councilman Donohoo and unanimously carried. C-3 Consideration of request of Virgil Moores for modification of existing floating docks Mr. Little explained to the Council the repairs Mr. Moores plans to make on the floating docks. MOTION: Councilman Keiser moved for approval of the modifications and deletions as required to renovate the docks. The motion was seconded by Councilman Donohoo and unanimously carried. C-4 Request of John Den -bulk for approval of assessment district for construction of beach front road E 0 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL December 27, 1971 Mayor Mitchell explained that this was a request for negotia- tions'of an assessment district to construct a new road from Atascadero Road to Azure Street. Mr. Little informed the Council that the people involved as property owners were Mr. Den-Dulk, Odekirk Investment Corpor- ation, Mr. Robert Johnson and the School District. The School District would be exempted from assessments. It was noted that the City would have no financial responsi- bilities other than that of guarantor of the bonds. Mr. Little pointed out that this would be very secure because of the value of the property. Approval of this request would not be obligating the City to the formation of an assessment district, but would initiate proceedings to form one. The City would have the say in how the road is to be built and the conditions. MOTION: Councilman Donohoo moved that the request for this type of financing for the proposed road be approved. The motion was seconded by Councilman Keiser. ' "-Further discussion ensued. The motion was unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman McConaghay referred to two memorandums to City Council from the City Administrator regarding lease site utilization..and the police department building and wondered if they were to become agenda items. Mr. Little informed the Council that the item regarding lease utilization would be slated for the next agenda and that the police department building should probably be discussed in a special study session. C=2 City Attorney (1) Mike LeSage reported on recent court action of Judge O'Rielly to sustain the City's motion to strike portions of May Pipkin's answer in the unlawful detainer action. He stated that this action has the effect of restricting the unlawful detainer case to a question of possession alone. D-3 City Administrator (1) Mr. Little presented the Expenditure Report for the period December 1 through 15, 1971 for the consideration of the Council: MOTION: Councilman McConaghay moved for the adoption of the Expenditure Report for the period December 1 through 15, 1971. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 27, 1971 Page Five CORRESPONDENCE 1. Letter from Pacific, Gas and Electric Company regarding funds available for undergrounding conversion work. 2. Letter from Ralph C. Dills, Senate Select Committee on Local Public Safety Employment Practices 3. Notice of Public Hearings from California Reapportionment Commission. 4. Letter from Senator Grunsky regarding City Resolution No. 64-71. 5. Letter from City of Carpenteria regarding Tri-Counties Con- ference on Coastal Controls MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman McConaghay and unanimously carried. Councilman Keiser expressed her disappointment in Governor Regan's veto of the Z'Berg Bill which prevents the people from deciding if they want the $250,000,000 for acquisition of land for parks and recreation. ADJOURNMENT MOTION: Councilman McConaghay moved for adjournment. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting adjourned at 8:12 p.m. RECORDED BY: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk 'NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, December 13, 1971, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the Preliminary Housing Element as recommended by the Planning Commission; at which said hearing any person interested may appear and express his views for, against or in modification of said recommendation. DATED: November 18, 1971 M. ../LITL E, City Clerk City of M rro Bay, California 0 'NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, December 13, 1971, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider Amendments to the Zoning Ordinance as recommended by the Planning Commission; at which said hearing any person inter- ested may appear and express his views for, against or in modification of said recommendations. DATED: November 24, 1971 ; -. g. 64 M. J. PTTLE, City Clerk City of Morro Bay, California • i CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING December 13, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of November 22, 1971 2. Minutes of the special meeting of December 6, 1971 3. Minutes of the executive meeting of December 6, 1971 HEARINGS, APPEARANCES AND REPORTS A-1 Hearing on Zoning Ordinance amendments A-2 Hearing on vehicle abatement A-3 Hearing on the Preliminary Housing Element A-4 Report of Police Chief on Juvenile Officer duties and activities BUSINESS B-1 Request of James Maul for lease extension B-2 Resolution accepting work and giving notice of completion (S. S. No. 51) B-3 Resolution approving additional uses for Lease Site No. 13 - Tyler B-4 Resolutionsapproving agreement and lease between the City of Morro Bay and Morro Bay Yacht Club B-5 Resolution approving lease between the City of Morro Bay and Regal Sea Food Company NEW BUSINESS C-1 Resolution approving renewal of waterfront Use Permit Agreement No. 101 C-2 Proposed resolution regarding regulation for ocean discharge of sewage INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 13, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Councilman McConaghay gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Mayor Mitchell ABSENT: None MINUTES Keiser, McConaghay, Walters and The minutes of the regular meeting of November 22, 1971, the special meeting of December 6, 1971 and the executive meeting of December 6, 1971 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman McConaghay and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 ORDINANCE NO. 100. Zoning Ordinance amendments Ned Rogoway, Planning Director, was present to review the pro- posed amendments with the Council. Mayor Mitchell declared the hearing open at 7:41 p.m. and called for presentations for or against the proposed amendments. As there were no presentations, the public hearing was declared closed at 7:42 p.m. and went to Council discussion. Acting City Attorney, Michael LeSage, suggested that the Council amend the proposed ordinance to show that fuel is also authorized under service station by adding "and fuel" after the word "products" in the first sentence and place a period after "motor vehicles", strike out "and shall include" and replace it with "A service station shall provide the following services:" Council felt that this was applicable. MOTION: Councilman McConaghay moved that Section 5102, part 2.g of the proposed zoning ordinance amendments be changed by adding "and fuel" after the word "products" in the first sentence, place a period after "motor vehicles", strike out "and shall include" and replace it with "A service station shall provide the following services:". The motion was seconded by Councilman Keiser and unani- mously carried. MOTION: Councilman Donohoo moved that Ordinance No. 100 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Ordinance No. 100 by title only. MOTION: Councilman Donohoo moved that this constitute the first reading of Ordinance No. 100 as amended. The motion was seconded by Mayor Mitchell and unanimously carried by roll call vote. MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL December 13, 1971 A-2 Hearing on vehicle abatement Mayor Mitchell announced the vehicle make, names of property owners where vehicles are situated and registered owners of the vehicles scheduled for hearing. He declared the public hearing open at 7:48 p.m. for presentations regarding the vehicles being abated. As there were no presentations, the public hearing was closed at 7:49 p.m. Mayor Mitchell noted that the Council had copies of the notorized statements of Mr. Stanley L. Dodge, property owner where the two vehicles in question are located, stating that he denies any respon- sibility or knowledge of the vehicles. MOTION: Mayor Mitchell moved that the vehicles be abated at City expense in accordance with the vehicle abatement ordinance. The motion was seconded by Councilman Donohoo and unanimously, -carried. Mr. Little`informed the Council that, although the program was an effective one, the City was experiencing difficulty in having Mighty'Motors,the contract dismanteling company, pick up the vehicles on a regular basis. He stated that the price of scrap metal is very low, and, consequently, is no longer profitable to haul long distances. A-3 Hearing on the Preliminary Housing Element Mr. Rogoway explained the Planning Commission request of adoption of,this preliminary plan by the Council. He stated that, although the plan needs some updating, it will be some time before this can be accomplished and the Council should adopt the plan in the event that they may want to request federal grants for projects. Mayor Mitchell declared the hearing open at 7:58 p.m. and called for presentations for or against the Preliminary Housing Element. As there were none, the hearing was closed at 7:59 p.m. MOTION: Councilman Donohoo moved that Staff be authorized to prepare the necessary resolution to adopt the Preliminary Housing Element of the General Plan. The motion was seconded by Councilman Keiser and unanimously carried. A.4' Report of Police Chief on Juvenile Officer duties and activities Mayor Mitchell stated that the Council had received a compre- hensive report from the Police Chief and asked Chief Holeman if he had anything to add to it. Chief Holeman stated that Officer Kyle would shortly be attending a week-long training course for juvenile law officers to be held at Asilmar Conference Grounds in Pacific Grove next month. It is hoped that this will be beneficial to his duties. The Council thanked Chief Holeman for this extensive and infor- mative report. UNFINISHED BUSINESS B-1 Request of James Maul for lease extension MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL December 13, 1971 Mayor Mitchell explained that Mr. Maul requested this extension because the final cost of the construction on his leased'property came to much more than was originally estimated and he needs the extension in order to adequately amortize his investment. Mayor Mitchell stated that since the Council had previously established a policy regarding lease site extension and set forty (40) years as a guideline to determine extensions, the Council should adhere to the policy in this case. MOTION: Councilman Donohoo moved that Staff be authorized to negotiate with Mr. Maul for a lease extension of five years for a total of forty (40) years. The motion was seconded by Mayor Mitchell. Mr. Little asked that the motion be amended to read that Staff be authorized to amend the present lease in this manner. Councilman Donohoo amended his motion to read that Staff be authorized to amend Mr. Maul's present lease for an extension of five years for a total of forty (40) years. The amendment was accepted by Mayor Mitchell and the motion was unanimously carried. B-2 RESOLUTION NO. 76-71. Resolution accepting work and giving notice of completion (S. S. No. 51) MOTION: Councilman Donohoo moved that Resolution No. 76-71 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 76-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 76-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. B-3 RESOLUTION NO. 77-71. Resolution approving additonal uses for Lease Site No. 13 - Tyler Mayor Mitchell noted that the Council had requested the prepara- tion of this resolution in accordance with Planning Commission re- commendations. MOTION: Councilman McConaghay moved that Resolution No. 77-71 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution No. 77-71 by title only. MOTION: Councilman McConaghay moved for the adoption of Resolution No. 77-71. The motion was seconded by Councilman Walters and unanimously carried. by roll call vote. B-4 RESOLUTION NO.' 78-71. Resolution approving agreement for services with Morro Bay Yacht Club MINUTES - MORRO Regular Meeting Page Fourr BAY CITY COUNCIL December 13, 1971 Councilman Keiser requested that Resolution No. 78-71 be read in its entirety. The Mayor so directed the City Clerk. Mr. Little read Resolution No. 78-71 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 78-71. The motion was seconded by Councilman Keiser. Discussion followed with Councilman McConaghay stating that he felt the Yacht Club should be treated in the same manner as other lease sites. He said that the Yacht Club should, by now, be able to stand on its own without City help,: Councilman Keiser felt that the Yacht Club is doing the City a service and should be contracted as set forth in the proposed lease. She stated that it isn't the same as other leases in that the Yacht Club isn't in business for a profit. Mr. Little outlined to the Council the manner in which the lease had been prepared according to Council wishes. Mr. Norman Knowles, - a member of the Morro Bay Yacht Club, was present and attempted to informACouncil members of the need for the in lieu payments from the City. He stated that they were receiving quite a bit less than most of the Yacht Clubs along the coast. The motion was carried on the following roll call vote: AYES: Councilman Donohoo, Keiser, Walters and Mayor Mitchell NOES: Councilman McConaghay RESOLUTION NO. 79-71. Resolution authorizing granting of lease to Morro Bay Yacht Club for Lease Sites No. 5 and 6 MOTION: Councilman Donohoo moved that Resolution No. 79-71 be read by title only. The motion was seconded by Councilman Keiser and carried with Councilman Mc- Conaghay abstaining. Mr. Little read Resolution No. 79-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 79-71. The motion was seconded by Councilman Keiser and carried on the following roll call vote. AYES: Councilmen Donohoo, Keiser, Walters and Mayor Mitchell NOES: Councilman McConaghay B-5 RESOLUTION NO. 80-71. Resolution approving lease between the City of Morro Bay and Regal Sea Food Company Mayor Mitchell stated that this resolution had been prepared at Council's request and because Regal Sea Food Company intended to rebuild the wharf where their business is located. MOTION: Councilman Donohoo moved that Resolution No. 80-71 be read by title only. The motion was seconded by Mayor Mitchell. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 13, 1971 Page Five Councilman McConaghay requested information on exactly what they were going to do with the lease. Mr. Little stated that the lease provided that Regal Seafood Company,would rebuild the present wharf within twelve months and, in addition, would extend it over one other parcel being assigned to them. They plan to build sanitary facilities for fishermen on this additional parcel. The lease, which is for fifteen (15) years, could be terminated if they failed to comply with the lease provisions. The motion was unanimously carried. Mr. Little read Resolution No. 80-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 80-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. NEW BUSINESS C-1 RESOLUTION NO. 81-71. Resolution approving renewal of water- front Use Permit Agreement No. 101 - Moores Mr. Little stated that this was :a yearly renewable lease for water area only. MOTION: Councilman McConaghay moved that Resolution No. 81-71 be read by title only. The motion was seconded by Councilman Walters and unanimously carried. Mr. Little read Resolution No. 81-71 by title only. MOTION: Councilman McConaghay moved for the adoption of Resolution No. 81-71. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. C-2 RESOLUTION NO. 82-71. Resolution regarding regulation for ocean discharge of sewage Mayor Mitchell explained that this resolution was proposed by the City of Long Beach and opposed new regulations for discharge of sewage effluent into the ocean as proposed by the State Water Resources Board. It requests that no new regulations be put into effect until a study has been made of marine discharge and their effect on coastal receiving waters. MOTION: Councilman Donohoo moved that Resolution No. 82-71 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 82-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Reso- lution No. 82-71. The motion was seconded by Councilman Walters and unanimously carried by roll call vote. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL December 1S,- 1971 INDIVIDUAL DETERMINATION 'AND/OR 'ACTION D-1 City Council The Council had nothing to report at this time. D=2 City Attorney (1) Acting City Attorney, Mike LeSage, reported on recent court action to sustain the demurrer of the City of Morro Bay to May Pipkin's complaint without leave to amend. He stated that May Pipkin's attorneys are going to notice a motion to request permission to amend complaint.' D-3 City Administrator (1) Mr. Little presented the Expenditure Report for the period November 16 through 30, 1971 for the consideration of the Council. MOTION: Councilman McConaghay moved for approval of the Expenditure Report for the period November 16 through 30, 1971. The motion was seconded by Mayor Mitchell and unanimously carried. (2) Mr. Little presented the Financial Report for the period July 1, 1971 through November 30, 1971 for 4'the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the •Financial Report for the period July 1, 1971 through November 30, 1971. The motion was seconded by Councilman Keiser and unanimously carried. CORRESPONDENCE 1. Letter from the Division of Highways regarding studies of San Jacinto and Yerba Buena Street intersections with Highway 1. 2. Letter from Mr. and Mrs. Keith McGuire voicing approval of City's position in relation to the Embarcadero Extension and relocation of Coleman Drive. 3. Letter from Harrison G. Arnold regarding disapproval of Council's decision on Odekirk Investment Corporation's travel trailer park. 4. Letter from William M. Ketchum regarding legislation. 5. Letter from City of Vallejo, California re: Federal Revenue Sharing 6. Letter from Mr. and Mrs. Leland J. Richardson regarding dis- approval of Council's decision on Odekirk Investment Corpora- tion's travel trailer park. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Mayor Mitchell and unanimously carried. 2 MINUTES - MORRO Regular Meeting Page Seven ADJOURNMENT BAY CITY COUNCIL December 13, 1971 MOTION: Councilman Donohoo moved that the meeting be adjourned to executive session. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting adjourned to executive session at 8:38 p.m. and reconvened to regular session at 9:05 p.m. Mayor Mitchell announced that Council members had selected Michael T. LeSage of the firm Hartand LeSage as permanent City Attorney. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting adjourned at 9:06 p.m. Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk 0 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Monday, December 6, 1971 at 7:00 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider the following: 1. 7:00 p.m. - Personnel Matters 2. 7:30 p.m. - Civic Center land acquisition Priorities for capital improvement DATED: December 2, 1971 program DALE C. MITCHELL, Mayor City of Morro Bay, California by M. 3. rlTTLE, City Clerk • 1 • MINUTES - MORRO BAY CITY COUNCIL Special Meeting December 6, 1971 7:00 p.m. City Hall Conference Room The meeting was called .to order at 7:;00 p.m. ROLL CALL PRESENT: Councilmen Donohoo, Mayor Mitchell ABSENT: None 1. Personal Matters Keiser, McConaghay, Walters and MOTION: Councilman Donohoo moved that the meeting be adjourned to executive session to consider personal matters. The motion was seconded by Councilman Keiser and unanimously carried. The meeting was adjourned to executive session at 7:00 p.m. and reconvened at 8:00 p.m. Mayor Mitchell stated that the Council had decided to schedule an executive meeting after the regular Council meeting on December 13, 1971, to discuss personal matters further. 2. Land Acquisition Mr. Little presented a map to the Council outlining the vari- ous properties available for City purchase, those presently owned by the City and the outline of the proposed Civic Center. He quoted the present asking prices of the lots available and their size. He felt that the Council should decide where the Police Department building was going to be built. Mr. Little informed the Council that Mr. Fox, owner of the building now housing the Police Depart- ment, will comply with whatever the Council decides to do, which means that if they wish to extend the present lease, he will agree. Further discussion centered around the building of a Police Department with Councilman Keiser stating that she felt that the land behind the Recreation Hall is a bad place to build a Police Department because it is so close to the elementary school. She felt that the land should be used to develop recreation. Councilman McConaghay recommended that the Council proceed with the purchase of the lots offered to the City by the realtors. Mayor Mitchell requested that this matter be made an agenda. item and that Staff prepare preliminary sketches as to the cost of a Police Department building on the different lots offered. He wished to have a comparison and alternatives to go by. MOTION: Councilman Keiser moved that the meeting be adjourned It was noted that there was still'another item on the agenda. Councilman Keiser withdrew her motion. 3. Capital Improvements Discussion was held regarding how Council members should pro- ceed to put the list in priority order. It was decided that they C� • MINUTES - MORRO Special Meeting Page Two BAY CITY COUNCIL December.6, 1971 would rate the improvements either number l for five years to be- gin development, 2 for ten years, 3 for fifteen years, and 4 for twenty years in order of importance to the City. The Council discussed various items and their importance on the list. Councilman Walters suggested that Staff be directed to put the list in a priority manner to present to the Council- and they can go from there. Councilman McConaghay agreed with this. MOTION: Councilman Keiser moved that the meeting be adjourned. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting adjourned at 9:34 p.m. RECORDED BY: M. J. LITTLE, City Clerk «l By: Ardith Davis Deputy City Clerk 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, November 22, 1971, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the following: 1. Appeal of Jones Ambulance Service from Planning Commission's conditions imposed on Use Permit for ambulance service in an R-1, S-2 Zone, 510 Bonita Street, Morro Bay, California; 2. Appeal of Odekirk Investment Corporation from Planning Commission's denial for a Conditional Use Permit to develop a Recreational -Vehicle Resort in a P. D. Zone, portion of Atascadero Beach Tract, immediately north of the High School, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against or in imodification of said request. DATED: November 1, 1971 - , -.Y of iGrro Bay, California u CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING November 22, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of November 8, 1971 2. Minutes of the special meeting of November 16, 1971 3. Minutes of the executive meeting of November 16, 1971 HEARINGS, APPEARANCES AND REPORTS A-1 Appeal of Jones Ambulance Service from Planning Commission conditions set on Conditional Use Permit A-2 Appeal of Odekirk Investment, Inc. from Plannning Commission's denial of Conditional Use Permit UNFINISHED BUSINESS B-1 Proposed ordinance amending B-2 Recommendations of Planning fuel dispensing facilities B-3 Request of Glenn G. Johnson Lease Site No. 90 and 90W to B-4 Set date to interview Parks Zoning Ordinance Commission regarding self-service to assign leasehold interests in James P. Eddy, Sr. and Recreation Commission applicants NEW BUSINESS C-1 Request of Dora McGurn for transfer of leasehold interests in Lease Site No. 9 C-2 Request of Glenn G. Johnson and James P. Eddy, Sr. to renew Lease Site No. 90 and 90W C-3 Request of Ogle and Gallo for extension of time for construction on Lease Site No. 110W-112W - Carver and Lindwall estates C-4 Recommendation of Planning Commission for additional uses and approval of proposed construction on Lease Site No. 13 - Tyler INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence 6 0 MINUTES - MORRO BAY CITY.COUNCIL Regular Meeting November 22, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Glenn O. Hascall of the First Christian Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor Mitchell ABSENT: None MINUTES The minutes of the regular meeting of November 8, 1971, the special meeting of November 17, 1971, and the executive meeting of NOvember 16, 1971 were considered by the Council. MOTION: Councilman McConaghay moved that the minutes be approved as written. The motion was seconded by Councilman Walters and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Appeal of Jones Ambulance Service from Planning Commission con- ditions set on Conditional Use Permit Mayor Mitchell called on Planning Director, Ned Rogoway, to pre- sent to the Council the Planning Commission's reasons for the con- ditions set on this use permit. Mr. Rogoway outlined the Planning Commission's conditions set on the Use Permit and their reasons for these. He stated that the applicant was appealing those conditions which stated that the ambu- lance siren was not to blow in an R-1 Zone and that he construct a sound barrier between the subject property and the adjoining motel. He stated that the Planning Commission felt these were reasonable conditions. Mayor Mitchell declared the Public Hearing open at 7:40 p.m. and called for those wishing to speak in favor of the appeal. David Flock, owner -operator of Jones Ambulance Service spoke in behalf of his appeal. He stated that he had erected a fence between his property and the motel and he felt any other construction on his part was unnecessary. He told the Council that the only noise coming from his property wasn't any more than that which would come from a normal family living next door. Mr. Ray Teixeira, Sr. told the Council that it was only necessary to blow sirens at intersections; otherwise, the flashing red light is enough to warn people of the approach of an emergency vehicle. Mayor Mitchell called for those wishing to speak in opposition of the appeal. Mr. Fred Hall, owner of the motel next door to Jones Ambulance Service, and Mr. Schilzonyi spoke in opposition to Mr. Flock's appeal. Mr. Clarence Teixeira informed the Council that the Fire Depart- C MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL November 22, 1971 is right in the same area and he couldn't see that the ambulance service could make any more noise than they do. Mayor Mitchell called for rebuttal on the part of the appli- cant and Mr. Flock spoke briefly in answer to those in opposition. Mayor Mitchell declared the hearing closed at 8:02 p.m. and the matter went to Council discussion. Further discussion ensued centered around the Planning Commis- sion's intention in the matter of the construction of a sound barrier. Councilman McConaghay felt that a sound barrier construction would be a waste of money as it could only be built to a minimum height and the noise would travel up to the motel rooms located above the pro- posed wall. It was noted by those in opposition to the appeal that if Mr. Flock enclosed the carport where the ambulance is parked and insulated it, then the problem would no longer exist. MOTION: Councilman McConaghay moved that this matter be referred back to the Planning Commission and that they work with Mr. Flock to come up with a prac- tical solution that will decrease the noise to the minimum' -from the ambulance service. The motion was seconded by Councilman Donchoo and unanimously carried. A-2 Appeal of Odekirk Investment, Corp. from Planning Commission's denial of Conditional Use Permit Mayor Mitchell called on Mr. Rogoway to present the Planning Commission's reasons for denial. Mr. Rogoway referred to his written report to the Council outlining nine points for the denial. Mayor Mitchell declared the hearing open at 8:35 p.m. and asked for presentation by those favoring the appeal. Mr. Dwight W. Spiers, Vice -President of Odekirk Investment Corporation presented to the Council his corporation's plans for this property. He supplied statistics outlining Morro Bay's need for this type of development and described the plans they have for the property which includes some 375 vehicle spaces, five tot lots, four mini parks, a large recreation building, and maintaining the westerly portion of the pro- perty in natural sand dunes. He pointed out the number of people Morro Bay has to turn away because of lack of space each year and the number they will have to turn away in the future. He then proceeded to refute the objections the Planning Comm. made on the use and urged the Council to find 'this a good and proper use. RECESS 9:08 P.M. RECONVENED 9:17 p.m. Mayor Mitchell reminded the people of.the proper way to present their views and called for any other wishing to speak in favor of the use permit. Those speaking in favor were Joseph C. Giannini, Marine Service and Equipment owner and Sun publisher; Jack Jennings, owner -operator of Silver City Trailer Park; Tex Kurtz, owner -operator of the Villager Motel; John Mitchell, manager of Port Morro; Clarence Teixeira of Tex's Paint & Body Shop; Tom Wise, Cuesta College student; Dwight Carlisle, i 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 22, 1971 Page Three citizen; Ray Teixiera of Tex's Paint & Body Shop; Mr. Wolmack, employee of Red and Parker; Don C. McElmoyl, owner -operator of the Travel Haven Motel; Terry Hulsebus, Chamber of Commerce presi- dent and local businessman; Gary Winch of Winch's Shell Station; Lois Rowland of Lols Rowland's dress 'shop; and Bill Boehm, realtor. Those speaking in opposition to the appeal were Nolan Desert, Daryl Erickson, and Mr. Schilzonyi. Mayor Mitchell called for rebuttal to any of the opposition and, as there was none, requested Mr. Rogoway to give his professional opinion as a Planning Director of this project. Mr. Rogoway explained to the Council that his recommendation to the Planning Commission approved of this use because of the City's need for this kind of facility, but he was supporting the Planning Commis- sion's decision in this matter. He stated that the Planning Commission sees the need for the development of this land, but they do not feel that this is the right use, they prefer to wait until the right one does come along and it will. This land will not go unused, but the Council must be very careful with its decision of the use because of the value of the location of the land. He stated that the Planning Commission felt that esthetically and economically there is a better use for this land. When asked his personal opinion, Mr. Rogoway stated that he felt the recreational resort should be located near the recreational resource. Further discussion resulted with Planning Commissioner McGona- gill giving opinions. Discussion centered around alternate uses Tdr this land and questions were directed at Mr. Spiers, who in turn introduced Mr. Odekirk, President of Odekirk Investment Corporation. Mr. Odekirk stated that the plans were in the best interests of the City of Morro Bay and were for the City. He said they were prepared to start construction within sixty to ninety days and should be able to accept business in the summer of 1972. Councilman Keiser stated she felt that the City owed the people a right to get down to the beaches and that they should not be limited to a select few. Mayor Mitchell closed the Public Hearing at 10:30 p.m. for City Council discussion. Councilman McConaghay requested knowledge as to what the City of Morro Bay does with the people who continua— coming to Morro Bay and have no place to stay. MOTION: Councilman McConaghay moved that the development of this Recreation Vehicle Park be authorized. The motion was seconded by Councilman Keiser. Mayor Mitchell stated that he was in favor of this proposal also. He felt that the City must decide if it is or is not a tourist com- munity. If it is, something must be done for:the tourists. He felt that the beaches do not belong to the City of Morro Bay but to all people and they must be used to the advantage of most of the people. He pointed out that the State of California, if they felt necessary, would intervene and develop land as they saw fit without asking the City how they felt about it, as they did with Atascadero Beach State Park. C� • MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL November 22, 1971 Mayor Mitchell wished to propose an alternate to the motion. Councilman McConaghay withdrew his motion and Council- man Keiser her second. MOTION: Councilman Donohoo moved that the appeal of Odekirk Investment Corporation be granted. The motion was seconded by Mayor Mitchell and unanimously carried. MOTION: Mayor Mitchell moved that the Council refer this matter back to the Planning Commission with instructions to study and impose those conditions that are appropriate including consideration for the landscaping, the view of others, the esthetics and also including the possibility of the requirement of a bond requiring the completion of all the conditions of the Use.Permit. The motion was seconded by Councilman Donohoo and unanimously carried. RECESS 10:48 p.m. RECONVENED 10:58 p.m. A-3 Appearance of representatives of the Centennial Committee Lois Rowland presented the Council with a synopsis of the year's events. of the Centennial Committee in the form of a scrap book. She informed them of the items left over from various acti- vities and recommendations for their disposal and presented the City with a check in the amount of $7,084.94.as the'total amount left after the year's activities. With this check was the Centen- nial Committee's recommendation that it be used for a stairway to connect Morro Bay Boulevard with the Embarcadero and that the stair- way be named the Centennial Stairway. She then informed the Council that the Downtown Merchants Association%are to have open house on Monday, November 29, 1971 and formally invited the Council to attend. She passed out programs to the Council members as she explained the various events of the evening. Mayor Mitchell thanked the CentennialCommittee on behalf of the Council for their successful year and stated he felt a stairway connecting the two parts of town is a very good idea. Councilman McConaghay expressed special thanks to all those who worked so hard to make Morro Bay's Centennial year a successful one. Councilman Keiser requested Staff to write a letter to the Committee members expressing gratitude for their contribution to the City. MOTION: Mayor Mitchell moved that the City Council go on record as setting aside the amount of the check for the Centennial Stairway until when and if the funds to make up the difference of the cost required to construct the Centennial Stairway are collected. The motion was seconded by Councilman Keiser and unanimously carried. E Ll MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL November 22, 1971 Mr. Little informed the Council that the check would be put in a special fund or time deposit so that it may be kept separate from the City's General Fund account. Mayor Mitchell amended his motion to show that the monies be put in a special fund. Councilman Keiser seconded the amendment and the motion was carried unanimously. UNFINISHED BUSINESS B-1 Proposed ordinance amending Zoning Ordinance Mr. Rogoway went over the proposed amendments submitted by the Planning Commission for the Zoning Ordinance with the Council. Mayor Mitchell requested that the portions of the proposed ordinance which referred to sections of the California Health and Safety Code be written out instead of referring the reader back to the Code. He felt that the Code changed often enough to perhaps change the mean- ing of the ordinance without the Council's, knowledge or intention. B-2 Recommendations of Planning Commission regarding self-service fuel dispensing facilities. Mr. Rogoway went over the Planning Commission's recommendations for this definition with the Council. Mayor Mitchell questioned Mr. Rogoway as to why the Planning Commission felt that a service station should be required to sell tires and batteries. Mr. Rogoway stated that the Planning Commission felt these were proper uses for a service station and the self service station would be allowed in a C-H Zone under the amendments. MOTION: Mayor Mitchell moved that Staff be directed to draw up the proposed ordinance which would include the recommendation that self-service dispensing facili- ties be allowed in the C-H Zone'and add the various definitions of the Health and Safety Code in full. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little stated that he would set the hearing date for the next regular Council meeting. B-3 RESOLUTION 74-71. Resolution approving assignment of lease from Glenn G. Johnson and Ilse M. Johnson to James P. Eddy, Sr. MOTION: Councilman Donohoo moved that Resolution No. 74-71 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 74-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 74-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. B=4 Set date to interview Parks and Recreation Commission applicants • MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL November 22, 1971 January 17, 1971 at 7:30 p.m. in the.Morro Bay City Hall Con- ference Room was set to interview applicants for Parks and Recrea- tion Commissioner. NEW BUSINESS C-1 RESOLUTION NO. 75-71. Resolution approving assignment of lease from Dora M. McGurn to STanley J. and Shirley E. Rogers, hus- band and wife MOTION: Councilman Donohoo moved that Resolution No. 75-71 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Resolution No. 75-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Res- olution No. 75-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. C-2 Request of Glenn G. Johnson and James P. Eddy, Sr. to renew Lease Site No. 90 and 90W It was explained by Mr. Johnson that the request on his behalf was made while the lease was still in his name. As the Council had just approved assignment to Mr. Eddy, his request was no longer in order. MOTION: Mayor Mitchell moved that the Council acknowledge receipt of the request of Mr. Eddy for renewal on Lease Site No. 90 and 90W. The motion was seconded by Councilman Donohoo. Mr. Little asked Mayor Mitchell to amend his motion to indicate that Staff be directed to completenegotiations prior to the expira- tion date of the lease. Mayor Mitchell amended his motion to include that Staff be directed to negotiate with Mr. Eddy for renewal of the lease. The amendment was seconded by Councilman Donohoo and unanimously carried. C-3 Request of Ogle and Gallo for extension of time for construc- tion on Lease Site No. 110W-112W - Carver and Linwall Estates Mayor Mitchell explained that before plans could be drawn up for construction, Mr. Carver and Mr..Lindwall had died.'Because of complications in settling the two estates, more time is needed to comply with the lease which requires that construction begin by February of 1972. Mr. Little stated that the Council's concern should be that the parties involved do not attempt to use any extension approved for time in which to sell the lease. MOTION: Mayor Mitchell moved that Staff be directed to prepare the --resolution granting the extension of time to be- L 0 MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL November 22, 1971 gin construction from February 1, 1972 to February 1, 1973 on the condition that the resolution contain a condition that the lease may not be assigned without approval of the City Council. The motion was seconded by Councilman Donohoo and unanimously carried. C-4 Recommendation of Planning Commission for additional uses and approval of proposed construction on Lease Site No. 13 - Tyler MOTION: Councilman Donohoo moved that the City Council support the recommendations of the Planning Commis- sion stating that the additional uses on Lease Site No. 13 be approved. The motion was seconded by Councilman Keiser and unanimously carried. MOTION: Councilman Keiser moved that Staff be directed to prepare the necessary resolution to include the approved additional uses on Lease Site No. 13. The motion was seconded by Councilman Donohoo and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council Council members had nothing to report at this time. D-2 City Attorney Michael Le Sage, Acting City Attorney, had nothing to report at this time. D-3 City Administrator (1) Mr. Little presented the Financial Report for the period July 1, 1971 through October 31,' 1971 for the considera- tion of the City Council. MOTION: Councilman Donohoo moved for the approval of the Financial Report for the period July 1, 1971 through October 31, 1971. The motion was seconded by Councilman McConaghay and unanimously carried. (2) Mr. Little presented the Expenditure Report for the period November 1 through 15, 1971 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure report for the period November 1 through 15, 1971. The motion was seconded by Councilman* Keiser and unanimously carried. (3) Mr. Little informed the City Council that Howard Low, owner of Regal Sea Food contacted him and requested per- mission to reconstruct the wharf they are located on in return for a ten or more year lease. They would continue to pay their $100.00 a month, but would additionally spend $37,000.00 to reconstruct the wharf which is in very bad condition. MINUTES - MORRO BAY CITY COUNCIL REgular Meeting November 22, 1971 Page Eight Councilman McConaghay recommended that Staff be authorized to proceed in accordance with this request. CORRESPONDENCE 1. Letter from the Morro Bay Motel Association, Inc. supporting the realignment of Coleman Drive. 2. Letter from the City of Port Hueneme re Coastline Control Legislation 3. Letter from California State Polytechnic College re Morro Bay watershed area MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Walters and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Council- man Walters and unanimously carried. The meeting adjourned at 11:47 p.m. RECORDED BY: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Tuesday, November 16, 1971 at 7:30 p.m. in the City Hall Confer- ence Room, 595 Harbor Street, Morro Bay, California, to consider applicants for City Attorney. DATED: November 12, 1971 DALE C. MITCHELL, Mayor City of Morro Bay, California by M.,J. LITTLE, City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting November 16, 1971 7:30 p.m. City Hall Conference Room The meeting was called to order at 7:30 p.m. by Mayor Mitchell ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor Mitchell ABSENT: None MOTION: Councilman Donohoo moved that the meeting be adjourned to executive session to interview applicants for City Attorney. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting was adjourned to executive session at 7:35 p.m. and reconvened to regular session at 8:35 p.m. Staff was directed to contact Robert G. Cockins to make an appointment for interview. ADJOURNMENT MOTION: Councilman Walters moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting was adjourned at 8:45 p.m. RECORDED BY: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING November 8, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of October 26, 1971 HEARINGS, APPEARANCES, AND REPORTS None UNFINISHED BUSINESS B-1 Ordinance No. 99 - Amendments to the weed abatement ordinance B-2 Use Permit for Chamber of Commerce carnival B-3 Priority determination of Capital Improvement List NEW BUSINESS C-1 Letter and resolution from Planning Commission regarding amendments to the Zoning Ordinance C-2 Request of Golden Tee Motel, Inc. for permission to assign leasehold interests on portion of Lease Site No. 27W C-3 Maximum term of waterfront leases INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence r MINUTES - MORRO BAY Regular Meeting CITY COUNCIL November 8, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Van Eakes of the Presbyterian Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor Mitchell ABSENT: None Mayor Mitchell called upon Milton Levy for a presentation. Mr Levy stated that he and Mrs. Levy felt a presentation by Father Flanagan's Boys'%Town Choir would be an asset to the community and they proceeded to engage the Choir, for an appearance in this area. The Internal Revenue Service informed him that the recipient, if any, of the net proceeds from the performance should go to a tax exempt fund; thus, the Lila H. Keiser Park Fund was elected. Mr. Levy presented a check in the amount of $270.00 to the City for the Lila H. Keiser Park Fund. Mayor Mitchell, in behalf of the Council, commended Mr. and Mrs. Levy for their fine achievement. MINUTES The minutes of the regular meeting of October 26, 1971, were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman Walters and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of Joseph Giannini regarding Coleman Drive and the Embarcadero Extension Mayor Mitchell informed the Council that he had received a request from Mr. Giannini to speak tonight although he was not scheduled on the agenda. If the Council had no objections, he would allow Mr. Giannini to appear. The Council had no objections. Mr. Giannini related to the Council the results of the ques- tionaire placed in The Sun two weeks ago asking citizens how they felt about a boat marina along Coleman Drive and the bridge connect- ing Morro Creek to Highway 41. He stated that he had approximately 100 to 105 answers and that the general consensus was that the people did not want these developments in Morro Bay and that the Council, using this as an initiative, should voluntarily place this matter on the April ballot for the people's determination. He said that if the Council decided against this, he would begin circulating a petition to force the matter. Mayor Mitchell stated that he would not be in favor of placing this matter on the April ballot without the backing of a petition because he did not feel that 100 people properly represented the majority of the people and how they felt. 0 MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL November 8, 1911 Councilman Keiser stated that several years ago there was a committee that took a census regarding the Embarcadero extension and that 80% or better of the people were for it. Neil Moses, a member of the committee Councilman Keiser referred to, agreed with her statement but stated that people and ideas change and he felt that in this day, to progress was to not develop extensively. Further discussion ensued with Mr. Little informing the Council of how long this project had been in the planning. BUSINESS B-1 ORDINANCE NO. 99. Amendments to the weed abatement ordinance second reading MOTION: Councilman Donohoo moved that Ordinance No. 99 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Ordinance No. 99 by title only. MOTION: Councilman Donohoo moved that this constitute the second and final reading of Ordinance No. 99 and that it be adopted. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. B-2 RESOLUTION NO. 72-71. Resolution approving grant of Use Permit to Morro Bay Chamber of Commerce for a carnival MOTION: Councilman Donohoo moved that Resolution No. 72-71 be read by title only. The motion was seconded by Councilman Walters and unanimously carried. Mr. Little read Resolution No. 72-71 by title only. MOTION: Councilman Donohoo moved that Resolution No. 72-71 be adopted. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. B-3 Priority determination of Capital Improvement List Mayor Mitchell stated that this item was for the Council's determination of the priority listing of the Capital Improvement List. He' felt that the Council should slate aspecial meeting to go over this thoroughly and they should also receive input from various organizations in the City. December 6, 1971 was decided on as the date to study this matter along with land acquisition already scheduled for that date. NEW BUSINESS C-1 Letter and resolution from the Planning Commission regarding amendments to the Zoning Ordinance. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL November 8, 1971 Mayor Mitchell had several questions regarding the proposed amendments and Councilman Keiser felt that the Planning Director should be in attendance to answer any questions they have. Mr. Little'stated that the resolution should be drawn up in ordinance form for the Council's consideration and that perhaps a special study session should be slated or a committee formed to discuss these amendments. It was decided that the amendments should be drawn up in ordin- ance form for clarity and that the Planning Director be instructed to attend the next regular meeting fdr consideration of this matter. C-2 RESOLUTION NO. 73-71. Resolution approving assignment of lease from Golden Tee Motel, Inc. to Continental Hosts, Inc. Mr. Little explained the area this resolution included as being a portion of Lease Site No. 27W. MOTION: Councilman Donohoo moved that Resolution No. 73-71 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 73-71 by title only. MOTION: Councilman Donohoo moved that Resolution No. 73-71 be adopted. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote`.' C-3 Maximum term of waterfront leases Mr. Little explained to the Council the policy Staff has followed so far in determining the length of time allowed for leases. He felt that the Council should set some time limit so that Staff can use it as a guideline in determining future time limits on leases. He had been using forty years as a guideline in the past. MOTION: Councilman Donohoo moved that the Council set forty years as a limit for the length of time a lessee can hold a lease. The motion was seconded by Mayor Mitchell. Councilman Keiser stated that this would mean that those people requesting a longer extension should come to the Council for consi- deration. Mr. Giannini was recognized by Mayor Mitchell and stated that he felt the Council should set guidelines to go by so that people who lease these sites would not do so and turn around and sell them at a profit within a year. Mayor Mitchell stated that all that was needed to deter this, was to shorten the length of time allowed to begin development. If the lessee did not begin development within a certain length of time, the lease would be declared void. The motion was unanimously carried. MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL November 8, 1971 INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser commented on a memorandum received from the Director of Public Works regarding vandalism at Keiser Park. She was unable to understand what would motivate people to do such a thing. (2) Councilman Donohoo stated that the Council should take note that the City has a new postmaster, Mrs. Erma L. Holeman. MOTION: Councilman Donohoo moved that Staff be directed to write a letter to the new postmaster in behalf of the City Council congratulating Mrs. Holeman on her new position. The motion was seconded by Councilman Walters and unanimously carried. (3) Mayor Mitchell felt that the Council should show special recognition to City employee, Bob Conn, for courage shown recently during a chlorination leak at the Sanitary plant. MOTION: Mayor'Mitchell moved that Staff be directed to write a letter to Bob Conn commending him on his actions during the recent crisis. The motion was seconded by Councilman McConaghay and unanimously carried. D=2 City Attorney (1) Acting City Attorney, Michael Le Sage, reported on the unlawful detainer currently under consideration in the courts. D-3 City Administrator (1) Mr. Little confirmed with the Council their reservations for the League meeting in Paso Robles November 19, 1971. (2) Mr. Little presented the Expenditure Report for the period October 16 through 31, 1971 for the consideration of the Council. MOTION: Councilman Donohoo moved that the Expenditure Report for the period October 16 through 31, 1971 be approved. The motion was seconded by Councilman McConaghay and unanimously carried. (3) Mr. Little presented Transfer Voucher No. 1-2-09 in the amount of $22,128.43 for the chlorination facility contract and the drain inlets on Main Street (S. S. No. 48) for the considera- tion of the Council. MOTION: Councilman Donohoo moved for the approval of Transfer Voucher No. 1-2-09 in the amount of $22,128.43. The motion was seconded by Councilman McConaghay and unanimously carried. �J MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL November 8, 1971 (4) Mr. Little informed the City Council that on March 11, 1971, they directed department heads to attend Council meetings on a trial basis for six months. He stated that the six month period is up and.requests Council determination in this matter. MOTION: Mayor Mitchell moved that to attend Council meetings The motion was seconded by unanimously carried. CORRESPONDENCE None ADJOURNMENT department heads be directed on a continuing basis. Councilman Keiser and MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Walters and unanimously carried. The meeting adjourned at 8:41 p.m. RECORDED BY: M. J. LITTLE, City Clerk .aak�� A" By: Ardith Davis Deputy City Clerk 61 0 PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the regular meeting of the Morro Bay City Council scheduled for October 25, 1971 has been cancelled by minute order of the City Council and changed to Tuesday, October 26, 1971, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California. DATED: October 14, 1971 DALE C. MITCHELL, Mayor City of Morro Bay, California By M. J I , City Clerk 0 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING October 26, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of October 11, 1971 2. Minutes of the adjourned regular meeting of October 13, 1971 3. Minutes of the special meeting of October 18, 1971 HEARINGS, APPEARANCES, AND REPORTS A-1 Report of plans and activities from Chamber of Commerce UNFINISHED BUSINESS B-1 Ordinance No. 95 - Ordinance establishing provisions for the inspection and regulation of cross -connections to public water supplies (second, -reading) B-2 Ordinance No. 96 - Ordinance providing regulations to pre- serve the peace and order (second reading) B-3 Ordinance No. 97 - Ordinance amending sections of the garbage ordinance (second reading) B-4 Ordinance No. 98 - Ordinance amending sections of the camping ordinance (second --reading) B-5 Resolution approving assignment of lease from L. K. Jordan to Dr. Arthur Fry B-6 Proposed ordinance amending sections of the weed abatement ordinance B-7 Set date for interviews for City Attorney position NEW BUSINESS C-1 Request of Chamber of Commerce for carnival C-2 Appeal of Jones Ambulance Service from conditions imposed in Use Permit granted by Planning Commission on 10-4-71 - Set hearing date C-3 Appeal of Odekirk Investment Corporation from Planning Commission denial of Conditional Use Permit - Set hearing date C-4 Planning Commission resolution recommending adoption of Housing Element of General Plan - Set hearing date C-5 Request of Registered Properties Management, Inc. to assign leasehold interest to Louis M. Gossner C-6 Request of Upte, Inc. for lease modifications C-7 Request of Planning Commission to change dates of Planning Commission meeting to the lst and 3rd Mondays of each month C-8 Resolution approving agreement with auditor for fiscal 1971-72 C-9 Resolution granting Use Permit to Morro Bay Lions Club to con- duct a street parade C-10 Notice of Channel Counties Division meeting of the League in Paso Robles November 19, 1971 C-11 Method to fill vacancy in Parks and Recreation Commission INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 26, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Councilman McConaghay gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Mayor Mitchell ABSENT: None MINUTES Keiser, McConaghay, Walters and The minutes of the regular meeting of October 11, 1971, the adjourned regular meeting of October 13, 1971 and the special meeting of October 18, 1971 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman McConaghay and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS A-1 Report of plans and activities from Chamber of Commerce Mayor Mitchell requested Chamber Director, Bill Duke, to come forward and orally present the Chamber's report. Mr. Duke went over the Chamber's written report with the Council noting that it is the first in a series of quarterly reports which the Chamber plans to submit to the Council. He stated that the Chamber would appre- ciate any suggestions that the Council wished to make. Mayor Mitchell requested a report on the Centennial Committee and Mr. Duke referred him to Dave Vienna, who is a member of the committee. Mr. Vienna informed the Council that a meeting is scheduled to be held the following week and he could report to the Council after that time. One of the Chamber's plans includes the obtaining, if possible, of the remaining Centennial coins, at no cost, and making them into jewelery or encasing them in plastic to be sold as gifts. Mayor Mitchell suggested that this be postponed until the Council received a report from the Centennial Committee. Councilman Keiser asked for a report regarding the Chamber's membership drive. Mr. Duke stated that the drive was presently at a standstill because some of the members were busy with the fishing fleet. He intends this project to get under way again as soon as possible. UNFINISHED BUSINESS i B-1 ORDINANCE NO'.' 95. Ordinance establishing provisions for the inspection an regulation of cross -connections to public water supplies (second reading) MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 26, 1971 Page Two MOTION: Councilman Donohoo moved that Ordinance No. 95 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Warden read Ordinance No. 95 by title only. MOTION: Councilman Donohoo moved that this constitute the second and final reading of Ordinance No. 95 and that it be adopted. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. B-2 ORDINANCE NO. 96. Ordinance providing regulations to preserve the peace and order (second reading) MOTION: Councilman Donohoo moved that Ordinance No. 96 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Warden read Ordinance No. 96 by title only. MOTION: Councilman Donohoo moved that this constitute the second and final reading of Ordinance No. 96 and that it be adopted. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. B-3 ORDINANCE NO. 97. Ordinance amending sections of the garbage ordinance - second reading) Councilman Keiser asked that this ordinance be read in its entirety for the second reading. Mr. Warden read Ordinance No. 97 in its entirety. MOTION: Councilman McConaghay moved that this constitute the second and final reading of Ordinance No. 97 and that it be adopted. The motion was seconded by Councilman Keiser and carried on the following roll call vote. AYES: Councilmen Keiser, McConaghay, Walters and Mayor Mitchell NOES: Councilman Donohoo B-4 ORDINANCE NO. 98. Ordinance amending sections of the camping ordinance. second reading) MOTION: Councilman Donohoo moved that Ordinance No. 98 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Warden read Ordinance No. 98 by title only. MOTION: Councilman Donohoo moved that this constitute the second and final reading of Ordinance No. 98 and that it be adopted. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. i MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL October 26, 1971 B-5 RESOLUTION NO. 67-71. Resolution approving assignment of lease from L. K. Jordan to Dr. Arthur Fry MOTION: Councilman Donohoo moved that Resolution No. 67-71 be read by title only. The motion was seconded by Councilman McConaghay. Councilman Keiser requested information regarding the residence use of harbor lease sites. Mr. Warden informed the Council that this was an old County lease which permitted , residency of the property. This lease will expire in nineteen years. The motion was unanimously carried by voice vote. Mr. Warden read Resolution No. 67-71 by title only. MOTION: Councilman Donohoo moved that Resolution No. 67-71 be adopted. The motion was seconded by Councilman McConaghay and unanimously carried. B-6 ORDINANCE NO. 99. Ordinance amending sections of the weed abatement ordinance (first reading) MOTION: Councilman McConaghay moved that Ordinance No. 99 be placed for first reading and that it be read in its entirety. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Warden read Ordinance No. 99 in its entirety. MOTION: Councilman Donohoo moved that this constitute the first reading of Ordinance No. 99. The motion was seconded by Councilman McConaghay and unanimously carried. B=7 Set date for interviews for City Attorney position. Councilman Keiser stated that all the applicants should be requested to submit a resume to the Council listing their experience and schooling regarding this position. She felt that this should be done before the Council interviewed them. Mayor Mitchell requested Staff to notify the applicants of this requirement. It was decided that November 15, 1971, would be the date set for a special Council meeting to interview applicants for City Attorney. The Council felt that this would provide adequate time for the resumes to be received. MOTION: Councilman Donohoo moved that November 15, 1971, be set as the date to interview applicants for City Attorney. Mr. Warden advised the Council that some applicants would not be able to make it on that date. Mayor Mitchell felt that since the Council had postponed the interviews once before because an applicant couldn't make it, it would be in order to do the same for another. MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL October 26, 1971 Councilman Donohoo withdrew his motion. MOTION: Councilman Donohoo moved that the Council schedule a special meeting to interview applicants for City Attorney on November 16, 1971, 7:30 p.m. at the City Hall Conference Room. The 'motion was seconded by Mayor Mitchell and unanimously carried. NEW BUSINESS C-1 Request of Chamber of Commerce for carnival Mayor Mitchell explained that the Chamber was requesting the use of the area known as the City Yard for a carnival of kiddie rides on December 3, 4, 5, 1971, and also that the business license fee be waived on the basis of a non-profit organization. Mr. Duke, Chamber Director, explained to the Council that WES Shows, the business that would put on the carnival, will be taking a chance on losing money on this event as this is an "off season" for carnivals. He stated that they were willing to take the chance with a 75% to WES Shows and 25% to the Chamber of Commerce for monies collected over the first $1,000.00. It was possible that there would be no profit on this activity. Mayor Mitchell asked if the business license ordinance per- mitted the Council to waive the license fee. Mr. Warden informed the Council that if the business was classified as a non-profit organization, then it was within the Council's power to do so. He stated that the WES Shows should be required to repair any damage to the black top on the area if stakes were driven into the ground in setting up the equipment and that the Council could possibly require a business fee if the show itself made a profit. He further stated that the fee for a carnival was $100.00 a day. Mayor Mitchell stated that he did not think that the carnival was. a non-profit organization, but he had no objections to the fee being waived on the percentage of the profit which was for the Chamber of Commerce. Councilman Donohoo informed the Council that the Internal Revenue Service regards the Chamber of Commerce as a non-profit organization. Acting City Attorney, Mike Le Sage, requested that the Council postpone action on this until after the recess when a copy of the business license could be obtained and perhaps clear the matter up. Council concurred. C-2 Appeal of Jones Ambulance Service from conditions imposed in Use Permit granted by Planning Commission on 10-4-71 (set hearing date) MOTION: Councilman Donohoo moved that November 8, 1971, be set as a hearing date for the appeal of Jones Ambulance Service. The motion was seconded by Mayor Mitchell. Mr. Warden informed the Council that this would not allow the • MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL October 26, 1971 proper amount of time to elapse for it to be published before the hearing and suggested that the Council schedule this hearing for the regular Council meeting on November 22, 1971. Councilman Donohoo amended his motion to reflect this request. It was seconded by Mayor Mitchell and unanimously carried. C-3 Appeal of Odekirk Investment Corporation from Planning Commission denial of Conditional Use Permit (set hearing date) MOTION: Councilman Donohoo moved that November 22, 1971 be set as hearing date for Odekirk Investment Corporation's appeal. The motion was seconded by Councilman Keiser and unanimously carried. C-4 Planning Commission resolution recommending adoption of Housing Element of General Plan (set hearing date) MOTION: Councilman Donohoo moved that December 13, 1971 be set as a hearing date for the Housing Element of the General Plan. The motion was seconded by Council- man McConaghay and unanimously carried. C-5 Request of Registered Properties Management, Inc. to assign leasehold interests in Lease Site No. 15 to Mr. and Mrs. Louis M. Gossner Mayor Mitchell requested Mr. Gossner to describe, for the benefit of the Council, the location of the property in question. MOTION: Councilman Donohoo moved that Staff be authorized to pro- ceed with the transfer. The motion was seconded by Mayor Mitchell. Councilman McConaghay stated that this lease was just recently put out to bid and that it should possibly be put out to bid again or at least consideration should be given to other applicants who had originally applied for the lease. Mayor Mitchell explained that it was the prerogative of the lease holder to assign his lease in this manner with the permission of the City Council. Joseph C. Giannini was recognized by the Mayor and stated that the Council should be careful about the assignment of leases within the City. He felt that leaseholders could obtain a lease and sell it at a handsome profit. The motion was unanimously carried. Mr. Warden informed the Council that Staff had prepared two resolutions for their consideration; one for the change in uses approved by the Planning Commission and one for the transfer. RESOLUTION NO. 68-71. Resolution authorizing changes in permitted uses on Lease Site No. 15, Gossner MOTION: Councilman McConaghay moved that Resolution No. 68-71 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL October 26, 1971 Mr. Warden read Resolution No. 68-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 68-71. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. RESOLUTION NO. 69-71. Resolution approving assignment of lease from Registered Properties Management, Inc. to Louis Milton Gossner and Evelyn Emma Gossner MOTION: Councilman Donohoo moved that Resolution No. 69-71 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Warden read Resolution No. 69-71 by title only. MOTION: Councilman Donohoo moved that Resolution No. 69-71 be adopted. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. RECESS 8:45 p.m. RECONVENED 8:53 p.m. C-1 Request of Chamber of Commerce for carnival Mayor Mitchell requested the findings of Mr. Warden and Mr. Le Sage in regards to the exemption of a fee for the proposed carnival. Mr. Le Sage quoted Section 6108 of Ordinance No 89 which allows exemptions for charitable and non-profit organiza- tions. He state3that since WES Shows is clearly not a non-profit organization and would derive a profit from this activity, the exemption should not be allowed. Mayor Mitchell stated that the Council could authorize the carnival but could not issue a no -fee business license for it. Mr. Terry Hulsebus, Chamber president, accepted the Council's decision and requested that they authorize the carnival to be held and meanwhile they would try to work out their financial difficulties. MOTION: Councilman Donohoo moved that Staff be authorized to draw up an agreement with the Chamber with the necessary restrictions for a carnival on December 3, 4, and 5, 1971. The motion was seconded by Mayor Mitchell and unanimously carried. C-6 Request of Upte, Inc. for lease modifications Mr. Ralph I. Gunther, representing Upte, Inc., informed the Council that Upte, Inc. had recently purchased a cruise boat for the purpose of conducting cruises for the general public outside the confines of Morro Bay Harbor from docking facilities on the Embarcadero. It is felt by Upte, Inc. that this will be in the public interest of Morro Bay and that the City should effect a modification of the present lease limitations and/or requirements on Lease Site Nos. 21 and 22. MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL October 26, 1971 MOTION: Mayor Mitchell moved that Staff be directed to discuss lease modifications to Lease Site Nos. 21 and 22 with Upte, Inc. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden in the Council that any modification of the lease sites would require the approval of the Planning Commission for.. -,change of uses. C-7 Request of Planning Commission to change dates of Planning Commission meeting nights to the 1st and 3rd Monday of each month. MOTION: Councilman Donohoo moved that the Planning Commission be authorized to change their meeting nights from the 1st and 3rd Tuesdays of each month to the 1st and 3rd Mondays of each month. Mr. Warden informed the Council that:Ordinance No. 62, section 5306.3 regarding the Planning Commission states that the Planing Commission can draft its own rules and regulations and that the Planning Commission was seeking the Council's approval to their decision. The motion was seconded by Councilman McConaghay and unanimously carried. C-8 RESOLUTION NO. 70-71. Resolution approving agreement with auditor for fiscal 1971-72 MOTION: Councilman Donohoo moved that Staff be authorized to draw up the necessary agreement between the City of Morro Bay and M. E. Willeford, Certified Public Accountant for the fiscal 1971-72. The motion was seconded by Councilman McConaghay and unanimously carried. MOTION: Councilman Donohoo moved that Resolution No. 70-71 be read by title only. The motion'was seconded by Councilman Walters and unanimously carried. Mr. Warden read Resolution No. 70-71 by title only. MOTION: Councilman Donohoo moved that Resolution No. 70-71 be adopted. The motion was seconded by Councilman McConaghay and unanimously carried. by roll call vote. C-9 RESOLUTION NO. 71-71. Resolution granting Use Permit to Morro Bay Lions Club to conduct a street parade. Mayor Mitchell explained that this permit was for the Lions Club's annual Halloween parade. MOTION: Councilman Donohoo moved that Resolution No. 71-71 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Warden read Resolution No. 71-71 by title only. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 26, 1971 Page Eight MOTION: Councilman Keiser moved that Resolution No. 71-71 be adopted. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. C-10 Notice of Channel Counties Division meeting of the League of California Cities in Paso Robles, November 19, 1971. MOTION: Councilman Donohoo moved that members of the City Council be authorized to attend this meeting. The motion was seconded by Councilman Keiser and unanimously carried. Mayor Mitchell suggested that the Planning Commission be invited to attend this meeting and instructed Staff to do so. C-11 Method to fill vacancy in Parks and Recreation Commission MOTION: Mayor Mitchell moved that Staff be directed to issue a news release regarding the vacancy on the Parks and Recreation Commission and that applications must be received no later than November 22, 1971. The motion was seconded by Councilman McConaghay and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser stated that she felt the City should begin buying the property available for the Civic Center in the area of Harbor and Shasta. She requested a report from Mr. Warden regarding land acquisition. Mr. Warden informed the City Council of the two available pieces of property for sale and also the land the City presently owns,. Mayor Mitchell suggested that the Council schedule a special meeting to study land acquisition and decide what they wanted to do regarding the purchase of property. Councilman Keiser suggested that Staff inform the realtors that the City is interested in the property they have for sale. MOTION: Mayor Mitchell moved that the Council schedule a special meeting to discuss land acquisition on December 6, 1971 at 7:30 in the City Hall Conference Room. The motion was seconded by Councilman McConaghay and unanimously carried. (2) Councilman McConaghay requested information regarding the two vehicles the Council ordered abated at their last Council meeting. He stated that the cars were still on the property. Mr. Warden said he would check into it. D-2 City Attorney (1) Michael Le Sage, Acting City Attorney, reported on Superior Court action, which took place this afternoon concerning the Pipkin suit,in regards to the unlawful detainer and on the demurrer which was originally filed in Tulare County before it was transferred to San Luis Obispo. He stated that • i MINUTES - MORRO Regular Meeting Page Nine* - BAY CITY COUNCIL October 26, 1971 at the last moment, the attorneys for May, Pipkin filed a motion to disqualify the judge. The judge deferred his ruling for five days with a decision concerning qualifications to be announced at 8:30 a.m. on November 2, 1971. D-3 City Administrator Mr. Warden presented the Expenditure Report for the period October 1-15, 1971 for the consideration of the Council MOTION: Councilman Donohoo moved that the Expenditure Report for the period October 1-15, 1971 be approved. Councilman McConaghay requested information as to whose authority had been obtained to issue checks 3831 and 3832, made out to Mr. Little and Mr. Warden respectively for travel expenses in the amount of $49.00 each. Mr. Warden stated that he and Mr. Little had talked this over with Councilman Donohoo and that it was also a budgeted item. Councilman McConaghay stated that he was not aware one Council- man had the power to do this and that all travel expense monies are budgeted items but they still need the approval of the Council. The motion was seconded by Mayor Mitchell and carried with Councilman McConaghay dissenting. CORRESPONDENCE 1. Letter from Ned A. Rogoway, Planning Director, informing the Council of the Planning Commission action taken in regards to the Gaorian Conditional Use Permit. 2. Letter from Charles Schild requesting a fishing pier to be constructed north of Morro Rock. 3. Letter from Assemblyman Edwin L. Z'Berg regarding a park and recreation bond issue measure which will reach the Governor's desk. Councilman Keiser requested that Staff be directed to write a letter supporting this measure. MOTION: Councilman Keiser moved that Staff be directed to write a letter to the Governor indicating support of AB3066. The motion was seconded by Mayor Mitchell and carried with Councilman Donohoo dissenting. 4. Letter from Alan Cranston, Senator, regarding the need for more cemetery space for deceased veterans in California. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman McConaghay and unanimously carried. ADJOURNMENT MOTION: Councilman McConaghay moved that the meeting be MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 26, 1971 Page Ten adjourned. The motion was seconded by Councilman Donchoo and unanimously carried. The meeting adjourned at 9:35 p.m. RECORDED BY: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Monday, October 18, 1971 at 7:30 p.m. in the Morro Bay Recreation Hall, Dunes and Shasta Street, Morro Bay, to consider the following: 1. Joint meeting with the Planning Commission to discuss amendments to the zoning ordin= ance. DATED: October 14, 1971 DALE C. MITCHELL, Mayor City of Morro Bay, California ' 5)ve By M L E,' City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that; the Morro Bay City Council will hold a special meeting on Monday, October 18, 1971 at 7:30 p.m.'in the Morro Bay Recreation Hall, Dunes and Shasta Street, Morro Bay, to consider the following: 1. Joint meeting with the Planning Commission to discuss amendments to the zoning ordin- ance. DATED: October 14, 1971 DALE C. MITCHELL, Mayor City of Morro Bay, California By M.C.4/VrTYE, City Clerk This meeting is in accordance with your request per Planning Commission minutes of September 21, 1971 MINUTES - MORRO BAY CITY COUNCIL Special Meeting October 18, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor Mitchell ABSENT: None 1. Joint meeting with the Planning Commission to discuss amendments to tie zoning ordinance. Mayor Mitchell stated that this meeting had been called to discuss possible amendments to the zoning,ordinance. He called on Planning Commission Chairman, Donald Brown, for any proposed amendments. Commissioner Brown stated that the Council's ruling regarding the Zoning Ordinance definition of service stations would create a problem for the Planning Commission in considering future applications for such businesses. He felt that the Council's interpretation would provide a way for "service station" businesses to by-pass the intent of the Zoning Ordinance. Commissioner McGonagill expressed the view that the Zoning Ordinance definition was explicit and unambiguous and did not re- quire amendments in order to be applied to self-service gasoline dispensing facilities. Mayor Mitchell agreed that the definition was explicit, but that it did -hot apply to self-service gasoline facilities and should be amended or clarified to correct any problems arising. from the present definition. Lengthy discussion among all members present followed. MOTION: Councilman McConaghay moved that the Council refer this matter back to the Planning Commission for their recommendations regarding definition and/or philosophy and that they forward them.back to the Council if they have difficulties. The motion was seconded by Councilman Keiser and unanimously carried. ADJOURNMENT MOTION: Councilman McConaghay moved that the meeting be adjourned. The motion was seconded by Councilman Keiser and unanimously carried. The meeting adjourned at 8:54 p.m. RECORDED BY: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting October 13, 1971 5:00 p. m. City Hall Conference Room The meetingwas called to order at 5:00 p.m. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor Mitchell ABSENT: None Mayor Mitchell explained that the purpose of this meeting was to receive a report from Mr. Little on the City's request to Koebig and Koebig, Inc. for information on a feasibility report. Mr. Little informed the Council of his conversations with Rod Lundin of Koebig and Koebig and Mr. Bill Satow from the Department of Navigation and Ocean Development. He stated that as a result of these conversations, he did not believe that it was possible to have funds set aside in the 1972-73 state budget for a loan to the City of Morro Bay for a marina development. Mr. Rod Lundin did not feel that they could do a thorough job of studying this matter in the time allowed., If the Council decides that City development of the marina is desirable, then it would be necessary to submit an application for a loan by the first part of 1972 to obtain funding in 1973-74. Mr. Little said that one of the major problems facing any development in Morro Bay is the completion of the County Comprehensive Environmental Plan Program for Morro Bay and its environs. After further discussion, Mayor Mitchell requested that the committee on marina development continue to meet and bring recom- mendations to the Council. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Walters and unanimously carried. The meeting adjourned at 5:23 p.m. RECORDED BY: M. J. LITTLE, City/Clerk By: Ardith Davis Deputy City Clerk a �r PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the regular meeting of the Morro Bay City Council scheduled for September 27, 1971 has been cancelled by minute order action of the Council. The next regular meeting of the City Council will be held on October 11, 1971 in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California. DATED: September 16, 1971 DALE C. MITCHELL, Mayor City of Morro Bay, California By;� ' 1 M. j,iTTILZ, City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING October 11, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of September 14, 1971. 2. Minutes of the special meeting of October 4, 1971. HEARINGS, APPEARANCES, AND REPORTS A-1 Appearance of representatives from 4-H and Future Farmers of America organizations concerning educational projects A-2 Appearance of Joseph C. Giannini regarding Coleman Drive A-3 Appearance of Jack Gaddis concerning Lease Site #27 (Eytcheson) A-4 Hearing on vehicle abatement A-5 Public hearing on appeal of Margaret Nemo from Planning Commission denial of conditional use -permit A-6 Staff report on landscaping program at Bay Pines Travel Trailer Park UNFINISHED BUSINESS B-1 Business License Ordinance Amendments, Ordinance No. 94 (second reading) B-2 Ordinance establishing provisions for the inspection and regulation of cross -connections to public water supplies (first reading) B-3 Ordinance providing regulations to preserve the peace and order (first reading) B-4 Proposed amendments to garbage ordinance B-5 Review of proposed ordinance amending existing camping ordinance. B-6 Consideration of changes to proposed harbor ordinance Added B-7 Staff recommendations - engineering services for curb & gutter grades NEW BUSINESS C-1 Claim of Renny D. Tomlinson for damages C-2 Reschedule October 25 City Council meeting C-3 Agreement for services between the City of Morro Bay and Woods Animal Shelter C-4 Proposed ordinance amending sections of the Weed Abatement Ordinance, C-5 Feasibility study on proposed Coleman Drive Marina C-6 Request of Planning Commission for joint meeting with City Council to discuss amendments to the zoning ordinance C-7 Set date for interviews for City Attorney position C-8 Review of bids for annual chipsealinq program (S.S. Project #51) C-9 Suggested list of Capital Improvement Items Added C-10 Request of attorney of L.K. Jordan for transfer of leasehold interes INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 11, 1971 7:30 P.M. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend George R. Wood of the Assembly of God Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters, and Mayor Mitchell ABSENT: None RESOLUTION NO. 66-71. Resolution Commending Paul Wise Mayor Mitchell stated that the Council wished to take time at the beginning of this meeting to reflect on the passing of Paul Wise, Parks and Recreation Commissioner for the City of Morro Bay. He read Resolution NO. 66-71 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 66-71. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. MINUTES The minutes of the regular meeting of September 14, 1971 and the special meeting of October 4, 1971 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman McConaghay and unanimously carried. HEARINGS. APPEARANCES, AND REPORTS A-1 Appearance of representatives from 4-H and Future Farmers of America organizations concerning educational projects Appearing for the students was Melvin Souza, agricultural instructor at Morro Bay High School. He briefly explained the projects of the students belonging to 4-H and FFA as involving the purchasing, raising, exhibiting and marketing of sheep and other livestock and stated that the students did not wish to violate the existing animal regulation ordinance in their pursuance of these projects. At this time, the organizations were asking for an amendment to the ordinance allowing for sixty days out of the year in which to raise various animals for exhibiting and proposed an agreement which the students would agree to in order to regulate and control these projects. Councilman Keiser suggested that a committee be formed to study this matter; the committee to consist of Council members, FFA and 4-H advisors and students involved in 'the -activities. MOTION: Mayor Mitchell moved that a committee be appointed to meet with the Future Farmers of America and 4-H to discuss any possible change in Ordinance No 84. The motion was seconded by Councilman Keiser and unanimously carried. 4 MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL October 11, 1971 Mayor Mitchell appointed Councilman Keiser and himself tc serve on this committee. Mayor Mitchell was advised that Mr. Souza, on behalf of Future Farmers of America and Mr. McGuire, on behalf of 4-H would also serve on this committee and that they would also appoint two students to serve. A-2 Appearance of Joseph C. Giannini regarding the sand spit Mr. Giannini expressed his concern over the zoning of the sand spit which is Planned Development. It was his opinion that the connotation of Planned Development invited development. He be- lieved that the Council should take steps to change this zoning to Open Area so that it could not be developed. He also wanted to know the Council's position as far as purchasing the lots that Green West Acres owns on this property. He reminded the Council that negotiations had been started a few years ago but, since then, nothing has been done to obtain this; property. Mr. Little reviewed past negotiations with Green West Acres at the request of the Council. He also pointed out that if the Council did change the zoning on the sand spit from Planned Develop- ment to Open Area, this would not prevent a succeeding Council from changing'it back again. Mr. Giannini contended that the Council should take this additional step to rezone this area if only as a protective measure. Mayor Mitchell stated that this should be referred to the Planning Commission for any zoning changes. MOTION: Councilman McConaghay moved that this matter be referred to the Planning Commission for study as to the possibility of rezoning and also that the Council receive a legal opinion as to the right of access to the property by the property owners on this land. The motion was seconded by Councilman Keiser and unanimously carried. A_3 Appearance of Jack Gaddis concerning Lease Site #27 (Eytcheson) Mr. Bruce Dodson introduced himself speaking in behalf of the lessees. He stated that he was part of the partnership of Jack L. Gaddis, Davis -King Development Company, William L. West and Eldridge Jones which wished to have Lease Site #27 trans- ferred to themselves, having already obtained the permission of the present lessees. He stated that all conditions noted in Mr. Little's letter of April 16, 1971 regarding the extension of the expired lease, have been conplied with and that they were now requesting that the City Council authorize negotiations to begin for a new lease. Mayor Mitchell asked for Staff recommendations on the matter and Mr. Little informed the Council of past negotiations relative to this lease site and stated that all requirements of the con- ditions set forth in the extention of this lease have been met. MOTION: Mayor Mitchell moved that Staff be directed to negotiate with the proposed partnership for the development of a new lease. The motion was seconded by Councilman McConaghay and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 11, 1971 Page Three A-4 Hearing on vehicle abatement Mayor Mitchell listed the make and year of the cars in question and their registered owners as well as the property owners where the vehicles are located. He declared the hearing open at 8:20 p.m. and called for any presentations regarding these vehicles. As there were none, the hearing was declared closed at 8:20 p.m. Mayor Mitchell then read the sworn statements of Glen W. Jolly regarding CR#712893 and CR#712894 denying any knowledge or ownership of the vehicle on his property. Also the sworn notarized statement of R. D. Kurtz denying any knowledge of the vehicle on his property also. MOTION: Mayor Mitchell moved that the vehicles be removed at City expense. The motion was seconded by Councilman Walters and unanimously carried. A-5 Public hearing on appeal of Margaret Nemo from Planning Commission denial of conditional use permit Mayor Mitchell declared the hearing open at 8:22 p.m. and called for presentation by the applicant. Mr. Bernard R. Schulhof, attorney for Margaret Nemo, spoke in her behalf. He stated that instead of applying for a conditional use permit, they were proceeding on the basis of a non -conforming use. In accordance with this, Mrs. Nemo intended to u'se the building in a manner similiar to the 'one for which it was previously used. He proceeded to inform the Council regarding the appearance of the structure and the intended use as'a storage place for vehicle equip- ment. After Mr. Schulhof's presentation, Mayor Mitchell asked if anyone else would like to appear on behalf of the appeal. As there were no other presentations, he then asked for those wishing to speak in opposition. Mr. William Thomas, Planning and Building Superintendent, was asked to present the Planning Commission's view on this matter. He stated that he originally denied the use permit because of the con- dition of the building, at which time the applicant requested appear- ance before the Planning Commission. The Planning Commission also determined that the building was in a dilapidated condition and, therefore, denied the use permit. Mr. Schulhof spoke briefly in rebuttal to these statements. Mayor Mitchell declared the public hearing closed at 8:37 p.m. He stated that his views were in accordance with the Planning Commission and made the following motion: MOTION: Mayor Mitchell moved that the Council uphold the decision of the Planning Commission and deny the appeal. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Schulhof then asked for an itemized list of the structural deficiencies of the building so that the applicant can remedy these MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL October 11, 1971 items. He was instructed to engage an architectural engineer to determine this at the expense of the applicant. A-6 Staff report on landscaping program at Bay Pines Travel Trailer Park Mayor Mitchell requested Mr. Thomas to read the report prepared by him to the Council. After Mr. Thomas outlined the conditions of the use permit held by Bay Pines which had not been complied with, he informed the Council that a letter had previously been sent to the owners regarding this and nothing, as of this date, has been done to correct the situation. MOTION: Mayor Mitchell moved that this matter be referred to the Planning Commission for their discussion. The motion was seconded by Councilman Donohoo and unanimously carried. UNFINISHED BUSINESS B-1 ORDINANCE NO. 94. Business License Ordinance Amendments MOTION: Councilman Donohoo moved that Ordinance No. 94 be read by title only. The motion was seconded by Councilman Walters and unanimously carried. Mr. Little read Ordinance No. 94 by title only. MOTION: Councilman Donohoo moved that this constitute the second' and final reading of Ordinance No. 94. The motion was seconded by Councilman Walters and unanimously carried by roll call vote. B-2 ORDINANCE NO. '95. Ordinance establishing provisions for the inspection and regulation of cross -connections to public water supplies (first reading) Mayor Mitchell briefly explained the contents of Ordinance No. 95 and its provisions. MOTION: Councilman Donohoo moved that Ordinance No. 95 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Little read Ordinance No. 95 by title only. MOTION: Councilman Donohoo moved that this constitute the first reading of Ordinance No. 95. The motion was seconded by Mayor Mitchell and unanimously carried by roll call vote. B'-3 ORDINANCE NO. 96. Ordinance providing regulations to preserve the peace and order (first reading) Mayor Mitchell briefly outlined the provisions of this ordin- ance. A brief discussion followed with the following motion: MOTION: Mayor Mitchell moved that Ordinance No. 96 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 11, 1971 Page Five Mr. Little read Ordinance No. 96 by title only. MOTION: Councilman Donohoo moved that this constitute the first reading of Ordinance No. 96. The motion was seconded by Mayor Mitchell and unanimously carried by roll call vote. B_4 ORDINANCE NO. 97. Proposed amendments to garbage ordinance. Some discussion was held regarding the proposed amendments. MOTION: Councilman Keiser moved that Ordinance No. 97 be read in its entirety. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little asked, first, that the Council make a motion to delete the last sentence in section 3209.2, paragraph one, as is irrelevant. MOTION: Councilman.McConaghay moved that the last sentence in section 3209.2, paragraph one of Ordinance No. 97 be deleted. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Ordinance No. 97. in its entirety. MOTION: Councilman McConaghay moved that this constitute the the first reading of Ordinance No. 97. The motion was seconded by Councilman Keiser. Further discussion was held with Mayor Mitchell maintaining that he would vote for the ordinance only because there was no other choice because of the County's decision of no burning in the County. The motion passed on the following roll call vote: AYES: Councilmen Keiser, McConaghay, Walters and Mayor Mitchell NOES: Councilman Donohoo Mayor Mitchell pointed out that a map for the viewing of the public had been prepared by Planning Commissioner Don Brown regarding the new Cable TV service. He invited the public to view the map during recess. RECESS 9:05 p.m. RECONVENED 9:17 p.m. B-5 ORDINANCE NO. 98. Ordinance amending existing camping ordinance. Mayor Mitchell suggested that the last sentence in section 11701, paragraph two be deleted as it is redundant. MOTION: Mayor Mitchell moved that Ordinance No. 97 be placed for first reading with the last sentence in section 11701, paragraph two to be deleted. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Ordinance No. 97 in its entirety. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL October 11, 1971 MOTION: Councilman Donohoo moved that this constitute the first reading of Ordinance No. 98. The motion was seconded by Councilman Keiser and unanimously carried. B-6 Consideration of changes to proposed harbor ordinance. Mr. Little reviewed some changes to the proposed harbor ordinance for the Council. He stated that he had been doing some further research into this matter with other harbors up and down the coast and suggested that the Council meet again to consider some new developments. One item he was especially concerned with was the people using their boats for abodes. He thought it would be a good idea for the Council to make it unlawful for people to live aboard a boat. Further discussion was held relative to the harbor ordinance and it was decided that Staff would slate a committee meeting for further study of the proposed harbor ordinance. B-7 Staff recommendations - Engineering services for curb and gutter grades Mr. Little presented Staff's recommendation for a policy,, for City Council to follow regarding engineering services for curb and gutter grades. The policy states that City Council approval shall be required whenever the estimated cost of the total engineer- ing street and utility work required to set curb and gutter grades exceeds the estimated cost of the curbs and gutters which are to be installed. MOTION: Mayor Mitchell moved that the Council establish a policy that City provide the engineering services for installation of curb and gutter installation but that service, including anything other than engineering services that the City must provide to perform this task, not exceed the cost of installation. In such case, the matter must be brought before the Council for approval. The motion was seconded by Councilman Donohoo and unanimously carried. NEW BUSINESS C-1 Claim of Renney D. Tomlinson for damages Mayor Mitchell read the claim against the City for damages incurred by Renney D. Tomlinson when tripping over a chain fence that crosses in front of St. Timothy's Catholic Church at the north end of Piney Way. As this property is not City property, but private property and the chain was in no way erected or ordered to be erected by the City of Morro Bay, it was recommended that the claim be denied. MOTION: Councilman Donohoo moved that the claim of Renney D. Tomlinson against the City of Morro Bay be denied. The motion was seconded by Councilman McConaghay and unanimously carried. • 1 • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 11, 1971 Page Seven C-2 Reschedule October 25 City Council meeting It was noted that October 25, 1971, will be Veteran's Day and, as such, a legal holiday. Mayor Mitchell suggested that the Council reschedule the October 25th meeting to Tuesday, October 26, 1971. MOTION: Mayor Mitchell moved that the October 25, 1971, regular meeting of the City Council be rescheduled to October 26, 1971. The motion was seconded by Councilman Donohoo and unanimously carried. C-3 Agreement for services between the City of Morro Bay and Woods Animal Shelter The proposed agreement between the City of Morro Bay and Woods Animal Shelter was considered by the Council. Mayor Mitchell noted that even though Woods Animal Shelter had increased their rates by 15%, the amount the City is obligated to pay is less than it has been previously because the population of Morro Bay is not what it was based on before the census was taken. The City, under the new agreement will pay a monthly amount of $415.00. MOTION: Councilman Donohoo moved that the agreement between the City of Morro Bay and Woods Animal Shelter be approved. The motion was seconded by Mayor Mitchell and unanimously carried. C_4 Proposed ordinance amending sections of the Weed Abatement Ordinance Mayor Mitchell explained that the present Weed Abatement Ordinance provides for a period of ten days to elapse before garbage can be removed from property, the garbage being a health hazard. He pointed out that this could become a serious health hazard if this amount of time is allowed to elapse before garbage can be removed by the City. Chief Rieger elaborated on this matter for the Council. Councilman McConaghay requested that this matter be deferred until the next regularly scheduled Council meeting for further study of this matter and the existing ordinance. Staff was directed to schedule this item on the next agenda. C-5 Feasibility study on proposed Coleman Drive Marina Mayor Mitchell asked Mr. Little to report on his research in this matter. Mr. Little advised the Council that it would be necessary for a feasibility report to be made to present to the Department of Navigation and Ocean Development prior to'October 31, 1971, in order to be included in their 1972-73 budget. Mr. Little stated that he had been in contact with Mr. Rod Lundin of Koebig and Koebig asking them if it would be possible for them to make this study. Mr. Lundin informed Mr. Little that he would have to do some research himself on this matter, such as inquiring with governmental agencies, and would report back to him on Tuesday afternoon or Wednesday morning. Mr. Little asked if the Council would adjourn this meeting to 5:00 p.m. Wednesday afternoon, October 14, 1971, to hear the results of Mr. Lundin's research. MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL October 11, 1971 Further discussion followed with members of the audience, Mrs. Vernon Davey, Joseph C. Giannini, Mrs. Walling, Mr. Sturgis, Mr. Palmer; speaking out against the study and any kind of develop- ment on Coleman Drive. Councilman Keiser stated that the fishing fleet needs help and it is up to the City of Morro Bay to provide it. MOTION: Councilman Keiser moved that when tonight's meeting is adjourned, it be adjourned to'October 13, 1971, at 5:00 p.m. at the City Hall Conference Room to hear the report Mr. Little will have from Koebig and Koebig. The motion died for lack of a second. Councilman McConaghay stated that he had been having second thoughts on this matter since it was discussed at the last meeting and that, since the City has waited this long to develop a manna, he could not see the harm in postponing it for another year and not hurrying the matter. MOTION: Councilman McConaghay moved that this matter be deferred without attempting to get the report by the end of this month. The motion was seconded by Councilman Walters and failed on the following roll call vote. AYES: Councilmen McConaghay and Walters NOES: Councilmen Donohoo, Keiser and Mayor Mitchell C-6 Request of Planning Commission for joint meeting with City Council to discuss amendments to the zoning ordinance. MOTION: Mayor Mitchell moved that October 18, 1971, 7:30 p.m. in the City Recreation Hall be slated for the City Council to meet with the Planning Commission. The motion was seconded by Councilman Donohoo and unanimously carried. C-7 Set date for interviews for City Attorney It was noted at this time that one of the applicants will be out of town from October 13, 1971 to November 1, 1971. It was decided to schedule this item for the next Council meeting to make a decision as to when to interview applicants for City Attorney. C-8 Review of bids for annual chipsealing program (S. S. Project No. 51) Mr. Little gave the bid results that were opened on October 8, 1971. C. S. Construction Company, Inc. of Pismo Beach sub- mitted the low bid for performing the work and the contractor has complied with all the bid requirements. Their bid was submitted at $11,181.95 which is over the $10,000 budgeted for the project. Mr. Stuart, Director of Public Works, stated in his memorandum that in order not to exceed the budget allocation, he will reduce the quantity of work performed by deleting sufficient areas necessary to decrease the total contract amount. Cl MINUTES - MORRO Regular Meeting Page Nine BAY CITY'COUNCIL October 11, 1971 MOTION: Councilman Donohoo moved that the contract be awarded to C. S. Construction Company, Inc. The motion was seconded by Councilman McConaghay and unanimously carried. C-9 Suggested Capital Improvement Items Mayor Mitchell briefly stated the purpose of the list prepared by Staff members and said that he believed this would prove in- valuable in the future planning of capital improvement items. He stated that citizens may like to propose some improvements also and suggested that the list be sent to various organizations requesting their recommendations along this line. C-10 Request df.•attorney of L. K. Jordan for transfer df leasehold interests Mayor Mitchell described the location of the Lease Site Nos. 50 and 50W, whose lease interests Mr. and Mrs. Jordan now hold. MOTION: Councilman Donohoo moved that Staff be authorized to draw up a transfer of this lease from L. K. Jordan to Dr. Arthur Fry. The motion was seconded by Mayor Mitchell. Further discussion followed regarding the residency on leased property by the lease holders. The motion was carried by voice vote with Councilman Keiser dissenting. INDIVIDUAL DETERMINATION AND/OR ACTION D_1 City Council (1) Councilman Keiser requested a progress report on the Embarcadero Extension. Mr. Little informed her that the City would call for bids in December of this year. (2) Councilman McConaghay requested a progress report on Improvement District No. 6. Mr. Little informed him that this also should go out to bid in December of this year. D_2 City Attorney (1) Mr. LeSage, Acting City Attorney, informed the Council that in regard to litigation, the May Pipkin hearing has been transferred from Tulare County to.San Luis Obispo and the demurrer is_set'for'October,26','l971 in Superior Court. D-3 City Administrator (1) Mr. Little presented the Expenditure Reports for the periods September 1-15, 1971 and September 16-30, 1971 for the consideration of the Council. MOTION: Councilman McConaghay moved that the Expenditure Reports for the periods September 1-15, 1971 and September 16-30 1971 be approved. The motion was seconded by Mayor Mitchell and unanimously carried. i MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 11, 1971 Page Ten (2) Mr. Little presented the Financial Reports for the periods July 1, 1971 through August 31, 1971 and July 1, 1971 through September 30, 1971 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Reports for the periods July 1, 1971 through August 31, 1971 and July 1, 1971 through September 30, 1971. The motion was seconded by Mayor Mitchell and unanimously carried. CORRESPONDENCE 1. Letter from the City of Port Hueneme regarding Assembly Bill 1471 2. Letter from Estero Bay United Methodist Church regarding new location of the ambulance service. 3. Letter from Chamber of Commerce thanking City for help in putting up direction signs. 4. Letter from the State Controller regarding the issuance of warrants. 5. Letter and resolution from the City of Santa Rosa regarding garbage fees being allowed as an income tax deduction. 6. Resolution from the City of Monterey Park urging passing of Senate Bill 1427 relating to disaster relief. 7. Letter from Roger T.-Case, Jr. resigning from the Water Advisory Board. B. Letter from Mrs. Marie W. Nyeholt regarding garbage service. 9. Letter and resolution from the City of Upland expressing opposition to Assembly Bill 2294 10. Letter from William M. Ketchum thanking the.City for a copy of our Resolution No. 64-71 regarding development of undeveloped land in Morro Bay. 11:, Letter from Howard Demler regarding Coleman Drive development MOTION: Councilman Walters moved that the correspondence be filed. The motion was seconded by Councilman Donohoo and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo:-moved that the meeting be adjourned to 5:00 p.m., Wednesday, October,13, 1971 in the City Hall Conference Room. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting adjourned at 10:58 p.m. RECORDED BY: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Monday, October 4, 1971 at 7:30 p.m. in the City Hall Confer- ence Room, 595 Harbor Street, Morro Bay, California, to consider the following: 1. Report of joint City Council/Planning Commission and Staff committee on proposed marina development adjacent to Coleman Drive.. 2. Report of Staff on possible alternate method for development and operation of proposed Coleman Drive marina. DATED: October 2, 1971 DALE C. MITCHELL, Mayor City of Morro Bay, California AVMC/',P'- LITTLE, City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting October 4, 1971 7:30 p.m. City Hall Conference Room The meeting was called to order at 7:30 p.m. by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor Mitchell ABSENT: None Report of joint City Council/Planning Commission and Staff committee on proposed marina development adjacent to Coleman Drive. Mayor Mitchell explained that the purpose of the meeting was to consider the recommendations of the special committee consisting of Councilmen McConaghay and Walters, Planning Commissioners Brown and McGonagill, and Staff members Mr. Little and Mr. Warden. The committee was appointed to study and establish guidelines for the development of docking facilities on City administered water front lease areas with specific attention directed to the area adjacent to Coleman Drive. Councilman McConaghay gave the committee's report and read the proposed recommendations. Mr. Little explained that the committee had decided to make their recommendations around these general guidelines to suit anyone wishing to develop the site and not for just a specific use. Further discussion followed with conversation centered around the ecology aspect of the project. Report of Staff on possible alternate method for develop- ment and operation of proposed Coleman Drive marina. Mr. Little explained that at the committee meeting, the question came up that possibly the City should give consideration to the building and operation or the building and leasing of the marina rather than the development of this marina by private enterprise. The City would then have absolute and complete control over the development and the way in which the area was operated. The committee discussed how this would be financed if the City would decide to control it. Mr. Little stated that he had contacted the State Department of Navigation and Ocean Development and that in order to obtain funds from tliem for financing, the City must request this financing by October 31, 1971 to obtain it in 1972-73. He stated that all that was required at this meeting was for the City Council to decide if City building and operation of the area under discussion was desirable or not. If the Council decided that it was desirable, he would proceed to gather information and figures for City Council consideration at the October 11, 1971 regular meeting. To discover the feasibility of City operation, it would be necessary to employ a firm of engineers to determine if this would be feasible from an economical, ecological and engineering standpoint. Councilman Keiser stated that she felt the greatest thing in Morro Bay is the fishing fleet and proposed the following motion: MINUTES - MORRO BAY CITY COUNCIL Special Meeting October 4, 1971 Page Two MOTION: Councilman Keiser moved that Staff be directed to present the Council with further information regarding a feasibility study at the next regular Council meeting. The motion was seconded by Mayor Mitchell and unanimously carried. MOTION: Mayor Mitchell moved that the Council adopt the committee's recommendations to constitute a general policy with regard to marina development and direct that they be referred to the Planning Commission for their discussion. The motion was seconded by Councilman Donohoo.and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned The motion was seconded by Councilman Keiser and unanimously carried. The meeting adjourned at 8:17 p.m. Recorded by: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk 46 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING September 14, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting o 2. Minutes of the adjourned regular 3. Minutes of the executive meeting HEARINGS, APPEARANCES, AND REPORTS f August 24, 1971. meeting of September 7, 1971. of September 7, 197.1. A-1 Public Hearing on appeal of Mr. Donald C. McElmoyl from Planning Commission denial of variance and use permit A-2 Public Hearing on appeal of T. A. and Juana Gaoiran from Planning Commission denial of conditional use permit A-3 Appearance of John W. Lawson re vehicle abatement program A-4 Appearance of Dan Stack re regional recreation center A-5 Report of solid waste disposal committee -on compulsory garbage ordinance UNFINISHED BUSINESS B-1 Resolution requesting State Department of Parks and Recreation to provide more camping spaces B-2 Resolution of preliminary determination of legislative body under "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" ((Added) B-3 Business License Ordinance Amendments (first reading) NEW BUSINESS C-1 Request of District Attorney for ordinance concerning civil disturbance C-2 Curb grade engineering for property owners C-3 Request of County Health Department for adoption of an ordinance on cross connections C-4 Letter from Parks and Recreation Commission requesting construction of a recreation building at Lila H. Keiser Park C-5 Dates for additional employee holidays C-6 Consideration of cancellation of postponement o`f'Council meeting schedule for September 27, 1971 C-7 Appeal of Margaret Memo from Planning Commission denial of conditional use permit (set hearing date INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 14, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Glenn O. Hascall of the First Christian Church gave the invocation. ROLL' CALL PRESENT: Councilmen Donohoo, Mayor Mitchell ABSENT: None MINUTES Keiser, McConaghay, Walters and The minutes of the regular meeting of August 24, 1971, the adjourned regular meeting of September 7, 1971 and the executive meeting of September 7, 1971 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman McConaghay and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS A-1 Public Hearing on appeal of Mr. Donald C. McElmoyl from Planning Commission denial of variance and use permit It was noted that Mr. McElmoyl was not present at this hearing. The public hearing was declared open at 7:33 p.m. by Mayor. -Mitchell and he asked for presentations by anyone wishing to speak in favor of the variance and use permit. As there was no one wishing to speak in favor of this matter, Mayor Mitchell then called for those wish- ing to speak in protest. Mr. and Mrs. Max Anders, Mrs. Kit Walling, Eleanore Bond, Mrs. Gary Owens, Virginia Neely, and Frank Thompson spoke in opposition to this variance and use permit. Mayor Mitchell declared the hearing closed at 7:41 p.m. MOTION: Councilman Donohoo moved that the Council deny the request of Donald C. McElmoyl for a variance and use permit. The motion was seconded by Councilman McConaghay and unanimously carried. Councilman Keiser asked for clarification of the Planning Commission's denial of the variance and use permit. Ned Rogoway, Planning Director was present and stated that the variance was denied because there was not enough land for parking space and this, in turn, led to the denial of the use permit. A-2 Public Hearing on appeal of T. A. and Juana Gaoiran from Planning Commission denial of conditional use permit Mayor Mitchell asked Planning Director, Ned Rogoway to explain the Planning Commission's denial of this request. Mr. Rogoway stated that the Planning Commission classified this business as a service station and that it does not fill the requirements as a service station according to the zoning ordinance. MINUTES - MORRO Regular Meeting Page two BAY CITY COUNCIL September 14, 1971 Further discussion followed with opinions from Acting City Attorney, Mike LeSage. He stated that the, definition of service station as defined in the zoning ordinance is obscure and he felt that the self-service gas station should come under the classifica- tion of retail sales not within a building. Mayor Mitchell felt that the Council must decide if the Planning Commission had interpreted the ordinance properly. The public hearing was declared open at 8:02 p.m. Those speaking in favor of the conditional use permit were Jack Daly of Sav-Mor Oil Company of Los Angeles, Judge Fred A. Schenk, Jr. representing Sav-Mor Oil Company and T. A. Gaoiran. Judge Schenk pointed out that the Planning Commission was in error when they made the motion against this conditional use permit because the portion of the ordinance they referred to in their motion has since been amended and is no longer in effect. Mayor Mitchell called for presentations from those protesting the use permit. Those speaking against the conditional use permit were Julian J. Santos of Shorty's Gulf Station; Mr. Willis 0. Gooden, a property owner; Catherine Bell and Gary A. Winch of Winch's Shell Service. Mayor Mitchell then called for rebuttal by those favoring the conditional use permit at which time Mr. Daly and Judge Schenk spoke in answer to some of the objections raised against this use permit. The public hearing was declared closed at 9:13 p.m. Mayor Mitchell stated that he felt that this service definitely could not be classified as a service station; it should be listed under retail sales not within a building. Councilman Donohoo agreed with the Mayor. Mr. LeSage pointed out that, if this was to be con- sidered as a retail sales not within a building, it should be re- ferred back to the Planning Commission for reconsideration under this classification since the Planning Commission had made their decision on the basis of the service being classified as a service station. Councilman McConaghay felt that, as the Planning Commission had been appointed to act in behalf of the City Council, the Council should accept their decision in this matter. Further discussion ensued. MOTION: Mayor Mitchell moved that the appeal be granted and the matter be referred back to the Planning Commission for imposition of those requirements that they see fit. The motion was seconded by Councilman Donohoo. Mr. LeSage asked that the motion include the Council's intention that this business be defined under a retail sales not within a building. Mayor Mitchell amended his motion to include this. The motion passed on the following roll call vote. F. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 14, 1971 Page three AYES: Councilman Donohoo, Keiser, Walters, and Mayor Mitchell NOES: Councilman McConaghay RECESS 9:30 p.m. RECONVENED 9:46 p.m. A-3 Appearance of John W. Lawson re vehicle abatement program Mr. Lawson appeared to express his views on Police Department CR# 711315 regarding a Cadillac on property at 1030 Morro Avenue. He maintained that any Cadillac was an asset to the community and could not constitute an eyesore and further stated that the Police Department's letter to him was a violation of his constitutional rights. He proceeded to read some of his constitu- tional rights. Mayor Mitchell explained to him that the Constitution also provided for control of the property owner and that the police department was within their rights in requesting the removal of this vehicle. He established the fact that the car had been removed and that the problem no longer existed. A-4 Appearance of Dan Stack re regional recreation center Mr. Stack reported on his research in regard to acquisition of land at Camp San Luis Obispo. He cited numerous agencies which grants may be obtained from and also listed projects for the land, the cost for each and various clubs and local organizations who would be able to donate time and money to the projects. He suggested a joint powers agreement between the City of Morro Bay, San Luis Obispo and the county and told the Council of his plans to request an appearance at the San Luis Obispo Planning Commission meeting next week to go over the matter with them. Councilman Keiser asked Mr. Rogoway if he could express the County's feeling on this matter. Mr. Rogoway reported on the County's progress to obtain 750 of the acreas available at this site and stated that he felt Mr. Stack's proposal would be well received by the County. Councilman McConaghay suggested that Mr. Stack inform Mr. Little of the City of San Luis Obispo's reception of this matter. Mr. Little can report to the Council and they can go from there. A-5 Report of solid waste disposal committee on compulsory garbage ordinance Councilman McConaghay reported on the solid waste disposal committee meeting and their recommendations regarding a compulsory garbage ordinance. The members of the meeting had decided that a compulsory garbage ordinance is not in order at this time due to the number of accounts which have been added by the Morro Bay Garbage Service. The committee recommends to the Council, instead, that they amend the present garbage ordinance to prohibit all open burning within the City at' all times and also to make it illegal to dispose of refuse! accumulated at residential or commercial estab- lishments within the City in City owned containers. MOTION: Councilman McConaghay moved that Staff be directed to prepare the necessary amendments to the existing garbage ordinance. The motion was seconded by Councilman Keiser. MINUTES - MORRO Regular Meeting Page four BAY CITY COUNCIL September 14, 1971 Councilman McConaghay noted that the Morro Bay Garbage Service had offered to carry away tree trimmings and weeds at a nominal fee. Further discussion ensued. Boat bilge refuse was a matter of concern with Mr. Giannini speaking from the audience stating that the portion of the harbor ordinance which makes it unlawful for any- one to pump waste into the bay be maintained in the ordinance. Councilman Keiser pointed out that this could not be done as the government has not as yet made any law regarding this matter and therefore the law could not be enforced. Councilman Keiser asked Mr. LeSage if he would find out if City employees could go aboard a boat to find out if boat owners were pumping their bilge into the bay and report back to the Council. MOTION: Councilman McConaghay amended his motion to be that the Council accept the recommendations of the solid waste disposal committee that no mandatory garbage ordinance be proposed at this time and that Staff be instructed to prepare the necessary amendmentsg to the existing ordinance as recommended by the committee. The motion was seconded by Councilman Keiser and unanimously carried. UNFINISHED BUSINESS B-1 RESOLUTION NO. 64-71. Resolution requesting the State Department of Parks and Recreation to provide more camping spaces MOTION: Councilman Donohoo moved that Resolution No. 64-71 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Resolution No. 64-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 64-71. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. B-2 RESOLUTION NO. 65-71. Resolution of preliminary determination of legislative body under "Special Assessment Investigation, Limitation and Majority Act of 1931" MOTION: Councilman Donohoo moved that Resolution No. 65-71 be read by title only. The motion was seconded by Council- man McConaghay and unanimously carried. Mr. Little read Resolution No. 65-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 65-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. B-3 ORDINANCE NO. 94. Business License Ordinance Amendments first reading Mr. Little read Ordinance No. 94 in its entirety. MOTION: Councilman Donohoo moved that this constitute the first reading of Ordinance No. 94. The motion was seconded by Councilman Keiser and unanimously carried. MINUTES - MORRO Regular Meeting Page five NEW BUSINESS BAY CITY COUNCIL September 14, 1971 C-1 Request of District Attorney for ordinance concerning civil disturbance Mayor Mitchell explained that this ordinance requested by the District Attorney, Robert N. Tait, allows selected public officials to place into effect emergency regulations during civil disturbances. MOTION: Councilman Donohoo moved that Staff be directed to prepare an ordinance to this effect and that it be presented for the consideration of the Council at their next regular meeting. The motion was seconded by Councilman Walters and unanimously carried. C-2 Curb grade engineering for property owners Mayor Mitchell summarized Doug Stuart's report regarding curb grade engineering for property owners and his recommendations to the Council. Mayor Mitchell felt that it was of benefit to the City if it spent a little money on engineering to see that this was done right the first time by the property owners. Councilman Keiser asked if the Council could detain action on this matter until the next meeting in order to give them time to study and discuss it with other people. It was decided to delay this matter and schedule it for the next Council meeting. C-3 Request of County Health Department for adoption of an ordinance on cross connections Mayor Mitchell stated that the Council had previously budgeted funds for the cross connection program and he believed all the cities in the County have approved of the idea of legislation to prevent cross connections. MOTION: Councilman McConaghay moved that Staff be directed to prepare a similar ordinance for Council adoption. The motion was seconded by Councilman Walters and unanimously carried. C-4 Letter from Parks and Recreation Commission requesting construc- tion of a recreation building at the Lila H. Keiser Park Mayor Mitchell read the letter from Harold Wieman, Parks and Recreation Commission chairman, to the Council. MOTION: Councilman Donohoo moved that the request be tabled until the City was in a better financial position. The motion died for lack of a second. Councilman Keiser stated that she didn't think the Parks.and Recreation Commission expected action on this matter; they were more interested in having a study of this for its feasibility. MOTION: Councilman Keiser moved that this matter be referred back to the Parks and Recreation Commission with a request that they discuss this with Staff and other interested groups. The motion was seconded by Mayor Mitchell and unanimously carried. MINUTES - MORRO Regular Meeting Page six BAY CITY COUNCIL September 14, 1971 C-5 Dates for additional employee holidays Mayor Mitchell explained that this request was in accordance with the Morro Bay Employees' Association Memorandum of Understanding and they wished the approval for their two additional holidays designated as February 12, Lincoln's birthday and the Friday after Thanksgiving. MOTION: Councilman McConaghay moved that Council concur with the request of the Morro Bay City Employees' Association of their two additional holidays as being the Friday after Thanksgiving and February 12. The motion was seconded by Councilman Walters and unanimously carried. C-6 Consideration of cancellation of postponement of Council meeting scheduled for September 27, 1971 Mayor Mitchell explained that some of the Council and Staff members will be at the League of California Cities Conference in San Francisco that week. Councilman Donohoo noted that the meeting last year slated during the period they were to be out of town was cancelled. MOTION: Mayor Mitchell moved that the regular Council meeting of September 27, 1971 be cancelled. The motion was seconded by Councilman McConaghay and unanimously carried. C-7 Appeal of Margaret Nemo from Planning Commission denial of conditional use permit (set hearing date) Mr. Little noted the correction of the spelling of Margaret Nemo's name and the address as mentioned in the letter to the City Council from her attorney. MOTION: Mayor Mitchell moved that the hearing date for Margaret Nemo's appeal from Planning Commission denial of condi- tional use permit be set for October 11, 1971. The motion was seconded by Councilman Donohoo and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman McConaghay was concerned with the City's property acquisition for the proposed Civic Center for the City of Morro bay as set forth in the General Plan. He felt that the Council should obtain some of the property in the general area of Harbor Street and Shasta Avenue for this purpose. The Council agreed with this. Further discussion ensued regarding off-street parking. MOTION: Councilman McConaghay moved that the City Administrator be directed to report to the Council whenever he becomes aware of properties available within the planned Civic Center complex and, further, that he be directed to inform the Council whenever he becomes aware of property available in the central business district or in any of the commer- cial area of the town that would be suitable for off- street parking. The motion was seconded by Councilman Keiser and unanimously carried. MINUTES - MORRO Regular Meeting Page seven BAY CITY COUNCIL September 14, 1971 (2) Councilman Keiser reported on a group of Fire Fighters who would like to build a fish cleaning spot near the launch ramp on the Embarcadero. She said Mr. Mahaffey of the Morro Bay Fire Fighters was present to explain their plans. Mr. Mahaffey reported to the Council of their general plans for the facility and the need for it. He stated that all'that would be required of the City is to pick up the garbage in the barrels at the site at regular intervals. Mr. Little informed the Council that this plan had been con- templated at an earlier date and no problems were foreseeable. MOTION: Councilman Donohoo moved that the Fire Fighters be authorized to proceed with plans for the fish cleaning facility near the launching ramp on the Embarcadero. The motion was seconded by Councilman Keiser and unanimously carried. (3) Councilman Keiser reported on a conversation she had with Mr. White of the Morro Bay Yacht Club on the matter of cleaning. -up the area on the Embarcadero under the buildings and on the peninsula across the bay. He told her that if the Council was still in accordance, ,he would put the, project into operation. Staff was directed to contact Mr. White and have him proceed with this project. (4) Mayor Mitchell reported on his progress in forming a committee to study the marina developments of Registered Properties Managment, Inc. He appointed Councilman McConaghay and Walters from -'the Council, Planning Commissioners Donald Brown and Williard C. McGonagill and Staff members Mr-: Little and Mr. Warden. (5) Mayor Mitchell stated that he was concerned with the Bay Pines use permit. He felt that their time was up as far as complying with the terms of the use permit and requested Mr. Little to find out the status of this item and report back'to'•'the Council. D_2 City Attorney Mr. LeSage had nothing to report at this time. D-3 City Administrator (1) Mr. Little asked the committe members of the marina development committee when a convenient time would be for them to meet. A day next week is to be decided on. (2) Mr. Little presented the Expenditure Report for the period August 15-31, 1971 for the consideration of the Council. MOTION: Councilman McConaghay moved for 'the approval of the Expenditure Report for the period August 15-31, 1971. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 14, 1971 Page eight 1. Letter from Mr. Maul requesting an extension of his lease from 35 years to 50 years. MOTION: Mayor Mitchell moved that the City Administrator meet with the City Attorney with respect to the request of Mr. Maul. The motion was seconded by Councilman McConaghay and unanimously carried. 2. Letter from Ray D. Pruter regarding League of California Cities, Channel Counties Division committee appointments. 3. Letter from United States Department of the Interior, Fish and Wildlife Service regarding the proposed changes in the harbor of Morro Bay. Mr. Little was'requdsted to find out what this department has to do with the Corps of Engineers and report back to the Council. 4. Letter from Edwin L. Z'Berg regarding legislation. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Walters and unanimously carried. A ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Walters and unanimously carried. The meeting was adjourned at 12:00 a.m. RECORDED BY: M. J. LI TLE, City Clerk CC By: Ardith Davis Deputy City Clerk 11 NOTICE OF ADJOURNED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an adjourned regular meeting on Tuesday, September 7, 1971 at 7:30 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider the following: 1. Proposed harbor ordinance 2. Proposed rules, regulations and fees for City owned piers, docks and off shore moorings 3. Proposed amendments to the business license ordinance DATED: September 3, 1971 DALE C. MITCHELL, Mayor City of Morro Bay,�,California MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting September 7, 1971 7:30 p.m. City Hall Conference Room The meeting was called to order at 7:30 p.m. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay and Mayor Mitchell ABSENT: Councilman Walters 1. Business License Amendments Mr. Little reviewed for -the Council the proposed amendments to the business license ordinance. He outlined the change in Section 6111 entitled "Determination of Average Number of Employees," stating that the revision prevented penalizing a family owned and operated business. Discussion was held regarding the definition of "garage sale". It was decided to add a sub -section under Section 6100, "Definitions", and define "garage sales". Under Section 6219, "Flea Markets", it was decided to do away with the exemptions and charge $15.00 a day for conducting a flea market. The same was decided for Section 6220, "Art, Hobby or Handicraft Shows and Exhibitions", and the amount to be charge was set at $10.00 per day. 2. Proposed Harbor Ordinance Mr. Little stated that Staff had made a study of the proposed harbor ordinance earlier and had some recommended changes for the Council's consideration. The first item of discussion was the five mile speed limit imposed on anyone operating a vessel. Mayor Mitchell suggested leaving the speed limit open as the wake a boat makes is not necessarily dependent on speed. After discussion, it was decided to leave the speed limit as is in order to have a point of reference when determining if a citation should be issued. Mr. Little explained that Section 9405.1 (a), "Discharge of Refuse" under Article 5 - "Harbor Sanitation", was unenforceable until the 'federal and state governments enact legislation to make such acts illegal. MOTION: Councilman McConaghay moved that Section 9405.1(a),"Dis- charge of Refuse" under Article 5 - "Harbor Sanitation", be deleted from the ordinance and Section 9405.1(b) be changed to 9405.1(a) and 0405.1(c) be changed to 9405.1(b) respectively. The motion was seconded by Councilman Donohoo and unanimously carried. Further discussion ensued on the clarification of Section 9405.1(a) and (b). Councilman McConaghay felt that ,the wording left the City of Morro Bay responsible for the refuse and waste material on beaches not put 'there by an individual. The wording was changed to make the meaning clearer. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting September 7, 1971 Page two Discussion was held regarding Section 9405.5, "Permit for Bait Receivers", with Mr. Little stating that he felt there should be fees for those operating bait receivers. It was decided that the City Council could establish fees and regulations by resolu- tion after study of this matter. Under Section 9406.5, 6, and 7 regarding private moorings, it was decided by the City Council that these sections should be rewritten to allow private moorings in specified areas with fees to be set by resolution of the Council RECESS 8:12 p.m. 3. Pr000sed Rules, Reaulations RECONVENED 8:17 p.m. City Owned or It was decided by the Council that Section 9 under "Rules and Regulations", should be eliminated as it is unenforceable under the same provisions as Section 9405.1(a) of the Harbor Ordinance. Further discussion was held regarding this resolution and Staff directed to make the minor changes. 4. Ralph Ruse Loan Security Mr. Little stated that he had some matters for the Council's consideration. He presented the request of Ralph Ruse for permission to assign his lease for loan security for payment of construction costs on lease site improvements. MOTION: Councilman Donohoo moved for the approval of Mr. Ruse's request. The motion was seconded by Mayor Mitchell and unanimously carried. 5. Copeland Building Demolition Mr. Little reported on the status of the unsightly and poten- tially dangerous building on the corner of Main Street and Morro Bay Boulevard. He stated that he had received word that the build- ing was to be torn down immediately. 6. Resignation of William A. Williams Mr. Little presented the resignation of William A. Williams to the Council and requested permission to fill the vacant position. MOTION: Councilman Donohoo moved that the request be granted and Staff be authorized to fill the position of Maintenance Man I. The motion was seconded by Councilman Keiser and unanimously carried. 7. Committee to Study Mr. Cohen's Marina Development Mr. Little suggested that the Council.appoint a committee of the Council and the Planning Commission to meet with Staff regarding Mr. Cohen's Marina Developments, as this is going to be quite an extensive project. He suggested that a committee could help guide the City in this matter. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting September 7, 1971 Page three MOTION: Councilman Keiser moved that Mayor Mitchell appoint a committee,- of Councilmen and Planning Commissioners to study this matter. The motion was seconded by Council- man Donohoo and unanimously carried. Mayor Mitchell appointed Councilman McConaghay and Walters as committee members and stated that he would meet with members of the Planning Commission to get their suggestions for committee members. 8. Resignation of City Attorney James Madden Mr. LeSage of Hart and LeSage, Attorneys at Law. presented the resignation of Mr. James A. Madden as City Attorney for the City of Morro Bay for the acceptance of the Council. He stated that Mr. Madden was to be sworn in as Superior Court Judge the next day. Mr. Little read the letter of resignation. MOTION: Councilman McConaghay moved that the Council accept the resignation of Mr. Madden with regrets. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little suggested that an interim appointment would be in order at this time for City Attorney with subsequent advertisement for applications. MOTION: Councilman Donohoo moved that the Council appoint the firm of Hart and LeSage on a temporary interim basis. The motion was seconded by Councilman Keiser and unanimously carried. Mayor Mitchell suggested that a special Council meeting be held to interview applications for City Attorney. Staff was directed to submit a news release and set the final date of application for September 30, 1971 9. Trip Authorization Councilman Donohoo requested permission of the Council to attend a League of California Cities Public Safety Committee meeting of which he is a member in Oakland. MOTION: Councilman Keiser moved that Councilman Donohoo be authorized to make this trip. The motion was seconded by Mayor`Mitchell and unanimously carried with Council- man Donohoo abstaining. MOTION: Councilman Donohoo moved that the meeting be adjourned to executive session to consider litigation matters. The motion was seconded by Councilman Keiser and uani- mously carried. The meeting was adjourned to executive session at 9:47 p.m. and reconvened at 10:12 p.m. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting was adjourned at 10:13 p.m. � RECORDED BY: (•u /N�/ By: Ardith Davis M. J. LITTLE, City Clerk Deputy City Clerk (Added) ((Added) CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING August 24, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of August 10, 1971 HEARINGS, APPEARANCES, AND REPORTS A-1 Appearance of representatives of City Businessmen re camping at Morro Rock A-2 Appearance of Mike O'Daniels and Associates re proposal for campground development at Morro Rock A-3 Appearance of Dick Cohen, President of Registered Properties Management, to present marina development possibilities A-4 Report on negotiations for animal control A-5 Hearing on vehicle abatement UNFINISHED BUSINESS B-1 Ordinance No. 93 - Changing Council meeting night from Tuesdays to Mondays (second reading) B-2 Resolution accepting work and giving notice of completion for constructing street and drainage facilities on Main Street at San Joaquin Street and Nassau Street (S.S. Project No. 48) B-3 Proposed warning signs for North breakwater adjacent to Morro Rock NEW BUSINESS C-1 Review of Section 11701 of Ordinance No. 59 (Camping ordinance) C-2 Open burning of dry leaves and dry tree prunings C-3 Authorization of request to solicit bids for chip seal program C-4 Request of Ogle and Gallo representing Glenn Johnson for extension of lease term C-5 Appeal of Planning Commission denial of conditional use permit - Set date for hearing (suggested date„ September 14, 1971) INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 24, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Councilman McConaghay gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay and Walters ABSENT: Mayor Mitchell Mayor Pro Tem Donohoo explained that Mayor Mitchell would be absent for the entire meeting and that he would be presiding. MINUTES The minutes of the regular meeting of August 10, 1971 were con- sidered by the Council. MOTION: Councilman McConaghay moved that the minutes of August 10, 1971 be approved as written. The motion was seconded by Councilman Walters and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS A-1 Appearance of representatives of City Businessmen re camping at Morro Rock Mayor Pro Tem Donohoo stated that in order for all people wishing to speak on this matter may be heard, each was to be recognized, come forward, state his name and occupation and voice his opinion on the matter, after which the City Council would deliberate. Appearing for opening Morro Rock to campers were Ray Teixeira of Tex's Paint and Body Shop, Bill Boehm of Boehm Realty and Clayton Scovell of A & W Drive In. They all maintained that Morro Bay is a tourist town and that it must cater to tourists and give them a place to stay when the visit Morro Bay. Betty Sansome, motel operator and Wayne Bickford of Bickford Concrete spoke against camping at Morro Rock. They stated that Morro Rock is a historical monument and should remain as such. They also said that without adequate sanitary facilities, it shouldn't even be considered for a week -end. Lawrence Thomas of the Shell Shop, Dan Stack, realtbr and Bob Gannon, owner -operator of the party boat "Mallard", gave their opinions which included the need for development by the State or private enterprise of land in Morro Bay for camping use. MOTION: Councilman Walters moved that Morro Rock be opened for the Labor Day week -end. Councilman Keiser asked for an opportunity to speak on this matter before a second was made to the motion. She stated that as Ordinance No. 59 is- a law, it should be enforced mainly because of the existing sanitary facilities. She presented a letter from MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL August 24, 1971 H. Howard Kusumoto, M. D., Health Officer'for the County of San Luis Obispo signed by James D. Gate, Director of Environmental Health stating that the existing toilets at Morro Rock are totally inadequate for overnight camping. Councilman Keiser stated that she had written letters to Senator Grunsky and Assemblyman Ketchum about opening additional state land for campgrounds. She stated that she had received a letter from Senator Grunsky who said he would do all he could to help in this matter and also that she had an appointment with Assemblyman Ketchum to discuss this. Councilman Keiser suggested that the City Council pass a motion requesting that the State do something to get state lands developed0for the benefit df the people who come to this area in recreation vehicles. Councilman Donohoo offered to second Councilman Walters' motion with the amendment that the City Council declare a moratorium on Ordinance No. 59 for further study. Councilman McConaghay disagreed and -said the Council should call for complete enforcement of Ordinance No. 59 and follow up with an appeal to Senator Grunsky and Assemblyman Ketchum to have the State open areas that are now available. Councilman Walters withdrew his first motion and made the following: MOTION: Councilman Walters moved that Morro Rock be opened for the three day holiday over Labor Day and that the City provide adequate sanitary facilities for that period. The motion was seconded by Councilman Donohoo and passed on the following roll call vote. AYES: Mayor Pro Tem Donohoo, Councilmen McConaghay and Walters NOES: Councilman Keiser Mr. Little asked that the motion be amended to include Friday afternoon as that is when the campers will start arriving. MOTION: Councilman Walters amended his motion to include Friday afternoon as open to campers at Morro Rock. The motion was seconded by Mayor Pro Tem Donohoo and passed on the following roll call vote. AYES: Mayor Pro Tem Donohoo, Councilmen McConaghay and Walters NOES: Councilman Keiser MOTION: Councilman Keiser moved that a resolution be prepared for reading at the next regular meeting petitioning our state legislators and the State Department of Parks and Recreation to consider opening more campsites in Morro Bay. The motion was seconded by Councilman McConaghay and unanimously carried by roll 'call vote. A-2 Appearance of Mike O'Daniels and Associates re proposal for campground development at Morro Rock. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL August 24, 1971 Mike O'Daniels presented to the City Council plans he and his associates have developed for the land east of the present restroom facilities near Morro Rock for campers and tourists. He listed several problems and theirproposed solutions which were all at the expense of O'Daniels and Associates. Mayor Pro Tem Donohoo said the City Council was not in a position to make a decision at this time due to the fact that plans were being drawn for the extention of Embarcadero to Morro Dunes. MOTION: Councilman McConaghay moved that O'Daniels and Associates refer their plans to the Planning Commission. The motion was seconded by Councilman Keiser and unanimously carried. A-3 Appearance of Dick Cohen, President of Registered Properties, Management, Inc. Mr. Cohen presented plans for marina development on Coleman Drive for slip and mooring facilities for both commerical and pleasure craft. He stated he merely wanted the Council's approval of the concept and that he would appear before the Planning Commission with definite plans. MOTION: Councilman Walters moved that these plans be submitted to the Planning Commission for review. The Motion was seconded by Mayor Pro Tem Donohoo and unanimously carried by voice vote. A-4 Report on negotiations for animal control Mr. Little reported on a meeting with the Board of Supervisors, Mrs. Lee of Woods Animal Shelter and representatives from the six cities in the county. He stated that it was decided at this meeting that the best thing to do is to accept Wood Animal Shelter's agree- ment with the 15% increase and continue with their service through the ensuing fiscal year. Mr.'Little pointed out that the amount budgeted for animal control for fiscal 1971-72 is $4,810 and that service at the new rate will amount to $4,979 for the year. In return for the 15% increase, Woods Animal Shelter is to have increased service and the Board of Supervisors plans to keep a close check on this matter. MOTION: Mayor Pro Tem Donohoo moved that the City Council accept the agreement with Woods Animal Shelter and that $169.00 be transferred from unbudgeted reserve to animal regula- tion to cover the additional costs. The motion was seconded by Councilman McConaghay and unanimously carried. A-5 Hearing on vehicle abatement Mayor Pro Tem Donohoo declared the hearing open at 8:45 p.m. and called for presentations by the property owners where the vehicles are located or from the registered owners of the vehicles. As there were no written or oral presentations, the public hearing was declared closed at 8:46 p.m. MOTION: Councilman Walters moved that Staff be directed to proceed with disposition of the vehicles according to the provi- sions of the vehicle abatement ordinance. The motion was seconded by Councilman McConaghay and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 24, 1971 Page Four RECESS: 8:46 p.m. UNFINISHED BUSINESS RECONVENED: 8:53 p.m. B-1 ORDINANCE NO. 93. Changing Council meeting night from Tuesdays to Mondays second reading) Mr. Little read Ordinance No. 93 in its entirety. MOTION: Councilman McConaghay moved that this constitute the second-, and final reading of Ordinance No. 93 and that it be adopted. The motion was seconded by Councilman Walters and unanimously carried by roll call vote. It was noted that Ordinance No. 93 would become effective September 23, 1971 and that the first Monday night meeting of the Council would be September 27, 1971. B-2 RESOLUTION NO. 63-71. Resolution accepting work and giving notice of completion for constructing street and drainage facilities on Main Street at San Joaquin Street and Nassau Street (S.S. Project No. 48) MOTION: Councilman McConaghay moved that Resolution No. 63-71 be read by title only. The motion was seconded by Council- man Walters and unanimously carried. Mr. Little read Resolution No. 63-71 by title only. MOTION: Councilman McConaghay moved for the adoption of Resolution No. 63-71. The motion was seconded by Councilman Walters and unanimously carried by roll call vote. B-3 Proposed warning signs for North breakwater adjacent to Morro Rock Mr. Little reported on correspondence with`the Corps of Engineers per City Council instruction regarding signs for the North breakwater adjacent to Morro Rock. The Corps of Engineers gave their permission for the signs to be erected as long as the City was willing to assume the expense. A report from Doug Stuart gave the tentative costs of erecting the signs. Councilman McConaghay expressed his concern about the danger of waves breaking on the northeast side of the Rock, also and suggested that a sign be erected near the fence opening to this area. MOTION: Councilman Keiser moved that $651.00 be transferred from unbudgeted reserve to erect two signs on the north breakwater and one at the entrance to the fence on the northeast sidetof the Rock. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little explained that there is money set aside for these purposes in the budget and that it was not necessary to have an appropriation from unbudgeted reserve. Councilman Keiser amended her motion to reflect this. 1] MINUTES - MORRO Regular Meeting Page Five NEW BUSINESS BAY CITY COUNCIL August 24, 1971 C-1 Review,Section 11701 of Ordinance No. 59 (Camping ordinance) Mr. Little stated that Mr. LeSage, an associate of the City Attorney, James Madden and acting for him had been asked to give the City Council a legal interpretation of Ordinance No. 59 which prohibits camping in certain areas. Mr. LeSage informed the City Council that if the ordinance were to be taken literally, it would mean that anyone in the City of Morro Bay who maintains or occupies a tent, tent -camp, tent -trailer, house or travel trailer, pick-up truck, camper or house -car except in designated areas is guilty of a misdemeanor. This would mean that anyone having a trailer parked in their driveway would be breaking this law. He stated that this law would probably be thrown out of the courts as unconstitu- tional if ever brought before them. Councilman Keiser stated that this certainly was not the City Council's intent, and the perhaps a study'should be made of this ordinance and it be amended to reflect the City Council's intent. MOTION: Councilman Keiser moved that Staff reconsider this ordinance and write it with the'lintention of the City Council and that it be a sensible and workable ordin- ance. This motion was seconded by Councilman McConaghay and unanimously carried. C-2 Open burning of dry leaves and dry tree prunings Mr. Little presented the City Council with possible dates for authorized burning to be supervised by the Fire Department in the City of Morro Bay. Discussion ensued on this matter and it was noted that this would place quite a burden on the Fire Department as they have to check a number of things before allowing individuals to burn. MOTION: Councilman Keiser moved that this matter be deferred for study with the committee studying the garbage ordinance. The motion was seconded by Councilman McConaghay and unanimously carried. C-3 Authorization of request to solicit bids.for chip seal program Mr. Little explained that this is a budgeted item and Staff was requesting permission to solicit bids. MOTION: Mayor Pro Tem Donohoo moved that Staff be authorized to solicit bids for the chip seal program. The motion was seconded by Councilman McConaghay and unanimously carried. C-4 Request of Ogle and Gallo representing Glenn Johnson for extension of lease term. Mr. Johnson was present to explain that he had a prospective purchaser of his business, but, as his lease expires in April of 1972, the gentleman did not wish to put money into the business and start improvements for that amount of time. For this reason Mr. Johnson was requesting an extension of fifteen years on lease site 80 and 90W. Mr. James Eddy, the prospective purchaser from West MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL August 24, 1971 Covina, was present to elaborate on the plans he has for improvements. Mayor Pro Tem Donohoo suggested that Mr. Johnson and Mr. Eddy confer with the City Attorney and Mr. Little as he was sure some arrangement could be worked out satisfactory to all concerned; either an amendment to the present lease or a new lease altogether. C-5 Appeal of Planning Commission denial of conditional use permit - Set date for hearing (suggested date, September 14, 1971) Mr. Little explained that this hearing was for the appeal of T. A. and Juana Gaoiran for a conditional use permit to remodel existing market premises and the addition of a self-service gasoline dispensing facility. MOTION: Councilman Walters moved that the hearing date for this matter be set for September 14, 1971. The motion was seconded by Mayor Pro Tem Donohoo and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser stated that she had had a number of calls regarding animal regulation. D=2 City Attorney Mr. Madden was absent and Mr. LeSage had nothing to report. D-3 City Administrator (1) Mr. Little read a memo from Nellie Cecil, Planning and Building Secretary, regarding a youth group who wishes to set up two food stands on the Embarcadero during Labor Day week- end. They had already obtained the permission of the property owners and wished to get the permission of the City Council. MOTION: Councilman McConaghay moved that the youth groups be authorized to operate their food booths over the Labor Day weekend and that the City issue a no -fee business license. The motion was seconded by Mayor Pro Tem Donohoo and unanimously carried.' (2) Mr. Little asked Councilman Keiser and McConaghay when they would like to get together for another meeting of the compulsory garbage ordinance committee. The members indicated that anytime next week would be satisfactory to them.' (3) Mr. Little presented the Expenditure Report for the period August 1 through 15, 1971 for the consideration of the Council. MOTION: Councilman McConaghay moved that the Expenditure Report for the period August 1 through 15, 1971 be approved. The mo- tion was seconded by Councilman Keiser and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 24, 1971 Page Seven (4) Mr. Little presented the Financial Report for the period July 1, 1971 through July 31, 1971 for the consideration of the Council. MOTION: Mayor'Pro Tem Donohoo moved for the approval of the Financial Report. The motion was seconded by Councilman McConaghay and unanimously carried. CORRESPONDENCE 1. Letter from P. J. McCormack re camping at Morro Rock 2. Letter from Mr. and Mrs. Ray Carter re camping„at Morro Rock 3. Letter from Frances E. Wainwright re camping at Morro Rock 4. Letter from the Department of Public Health re camping at Morro Rock 5. Letter from Dan Stack re Camp San Luis Obispo recreational facilities ADJOURNMENT MOTION: Councilman Walters moved that the meeting be adjourned to 7:30 p.m., Tuesday, September 7, 1971 at City Hall. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting was adjourned at 9:33 p.m. RECORDED BY: M. J. LITTLE, City Clerk a dtic By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING August 10, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of July 27, 1971 HEARINGS, APPEARANCES, AND REPORTS A-1 Appearance of Mr. Fosterling from Automobile Club of Southern California to present Pedestrian Safety Citation A-2 Appearance of Wallace Eldridge concerning enforcement of City ordinances A-3 Public Hearing on appeal of Mr. Donald C. McElmoyl from Planning Commission denial of Variance and Use Permit A-4 Report of City Administrator on status of two Morro Bay Boulevard buildings A-5 Report on procedures necessary for City of Morro Bay to annex to County Service District No. 15 (ambulance service) A-6 Hearing on vehicle abatement UNFINISHED BUSINESS B-1 Resolution setting tax rate for fiscal 1971-72 B-2 Resolution approving Harbor Plan Report B-3 Proposed ordinance amending Morro Bay Municipal Code - changes Council meeting nights from Tuesday to Monday (first reading) B-4 Proposed ordinance amending business license ordinance (first reading) NEW BUSINESS C-1 Review of weed abatement and special assessment charges C-2 Claim of H. J. and E. Hill for damage caused by sewer line back-up C-3 Resolution accepting work on Chlorination Facility and directing recordation of Notice of Completion C-4 Proposed ordinance creating Chapter IV to Title IX of the Morro Bay Municipal Code adopting a Harbor Ordinance (first reading) C-5 Proposed resolution establishing rules and regulations and setting fees for the mooring of vessels at City owned piers, docks and off -shore moorings INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 10, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Councilman McConaghay gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Mayor Mitchell ABSENT: None MINUTES Keiser, McConaghay, Walters and The minutes of the regular meeting of July 27, 1971 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman Keiser and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS A-1 Appearance of Mr. Fosterling from Automobile Club of Southern California to present Pedestrian Safety Citation Mr. Roy Fosterling, representative of the Automobile Club of Southern California, presented the City with a plaque for having nationally distinquished itself in the matter of pedestrian safety. He stated that Morro Bay was entered with 798 other cities of like size and its record of no traffic fatalities, and injuries to pedestrians far below the national average, earned the City this honor. Mr. David White, Public Safety Consultant for the AAA, pre- sented Chief Holeman with a personnel plaque commending him for service in this matter. A-2 Appearance of Wallace Eldridge concerning enforcement of City ordinances Mr. Eldridge's appearance was concerning the animal regulations ordinance prohibiting the keeping of certain animals within 75 feet of a residence or on a lot of less than 20,000 feet. He stated that he had been annoyed by a neighbor raising some lambs near his home. He explained that he had contacted City officials and he understood that citations had been issued, but upon having conversation with Judge Schenk, he found that the matter was being postponed until after the County Fair, at which time the problem will resolve itself by the animals being sold at the fair. He wondered if'there was any- thing the City could do to speed the courts up in this matter, as he feels he will have the same problem year after year. Mayor Mitchell explained that the City has no jurisdiction over the courts and that the judge was in his rights to set hearings at his convenience. MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL August 10, 1971 Further discussion ensued with Mr. Madden, City Attorney concurring with Mayor Mitchell's opinion and adding that the cita- tions will hold even after the lambs are sold and the court is obligated to act on them. A-3 Public Hearing on appeal of Mr. Donald C. McElmoyl from Planning Commission denial of Variance and Use Permit Mr. McElmoyl requested that the hearing be continued until such time as he is able to get the people that will support him in this matter to attend the meeting in his behalf. He also stated that there might be a chance of eliminating the variance problem with additional land at which time he would only request a Use Permit. Mr. Madden requested that the Council include in their motion to continue the hearing that in the event there is additional infor- mation submitted, it should be referred back to the Planning Commission for review. MOTION: Councilman Donohoo moved that the request for the hearing to be delayed until September 14,, 1971 be granted and that in the event of additional information being sub- mitted, the applicant refer the matter back to the Planning Commission. The motion was seconded by Council- man McConaghay and unanimously carried. A-4 Report of City Administrator on status of two Morro Bay Boule- vard buildings Mr. Little reported that the building on the corner of Morro Bay Boulevard and Monterey Street has been sold and that as soon as the sale was completed the owners would apply for a demolition permit and tear down the buildings on the property. Mr. Little also reported on some past correspondence with the owner of the property on the corner of Morro Bay Boulevard and Main Street in which the building was supposed to have been torn down and others in its place. As this has not been done, Mr. Little explained the Council's authority as outlined in the Housing Ordinance. Discussion followed as to what to do with the building with Councilman McConaghay maintaining that the building is unsafe and something should be done about it immediately. Mayor Mitchell directed Staff to write to the owner of the building requesting immediate action on this matter or the Council would exercise its authority. Discussion was held regarding other unsafe looking buildings throughout the city with suggestions that the health department be requested to look at them. A-5 Report on procedures necessary for City of Morro Bay to annex to County Service District No. 15 (ambulance service) Mr. Little outlined the procedures necessary in order to annex to County Service District No. 15. It was determined through dis- cussion and opinions of Mr. Madden that the City has a far surer guarantee of service as their agreement now stands than it would under the Service District. Mayor Mitchell stated his concern was that the ambulance should be stationed here at all times. Mr. Madden 1 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL August 10, 1971 said that the City would have no guarantee from the County that this would be the case. He suggested that if the City decided to annex, they request that they have an advisory committee to sit in on District meetings. It was decided that the City would be better off to maintain its present joint powers agreement with Service District No. 15. A-6 Hearing on vehicle abatement Mayor Mitchell declared the hearing open at 8:26 p.m. and called for presentations by the property owners where the vehicles are located or the registered owners of the vehicles. As there were no written or oral presentations, the public hearing was de- clared closed at 8:28 p.m. MOTION: Councilman Donohoo moved that Staff be directed to proceed with disposition of the vehicles according to the provisions of the vehicle abatement ordin- ance. The motion was seconded by Councilman Walters and unanimously carried. UNFINISHED BUSINESS B-1 RESOLUTION NO. 60-71. Resolution setting tax rate for fiscal 1971-72 Mr. Little outlined Staff's recommendation of setting tax rate for fiscal 1971-72. MOTION: Councilman Donohoo moved that the Council set the tax rate for the City of Morro Bay Fiscal Year 1971- 72 at $1.05 per $100.00. The motion was seconded by Councilman Walters and unanimously carried. Mr. Little read Resolution No. 60-71 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 6-71. The motion was seconded by Councilman McConaghay and unanimously carried. B-2 RESOLUTION NO. 61-71. Resolution approving Harbor Plan Report in advance of prospective required hearings Ned Rogoway, Planning Director, was present and explained what the Council's action should be regarding the plan. He stated that the approval of the Resolution was not a commitment that the work be done, but merely an assent for the Corps of Engineers to study the plan for its feasibility. MOTION: Councilman Donohoo moved that Resolution No. 61-71 be read by title only. The motion was seconded by Council- man McConaghay and unanimously carried. Mr. Little Read Resolution No. 61-71 by title only. MOTION: Councilman Donohoo moved for the approval of Resolution No. 61-71. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. r • it MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL August 10, 1971 B-3 ORDINANCE NO. 93. An ordinance amending Section 2403 of Chapter 4 of Title II of the Morro Bay Municipal Code Mayor Mitchell explained that this ordinance provided for the changing of City Council meeting night from the second and fourth Tuesdays to the second and fourth Mondays of each month. MOTION: Councilman Donohoo moved for the first reading of Ordinance No. 93. The motion was seconded by Councilman Walters and unanimously carried. Mr. Little read Ordinance No. 93 in its entirety. MOTION: Councilman Donohoo moved that this constitute the first reading of Ordinance No. 93. The motion was seconded by Councilman Walters and unanimously carried by roll call vote. B-4 Proposed ordinance amending business license ordinance Mr. Little summarized the amendments as listed as a result of meeting with the Morro Bay Businessmen's Association and stated that these amendments appeared equitable to those attending the meeting. Councilman Keiser said that they were at least willing to try these amendments for the fiscal year and see how they worked out. Councilman McConaghay stated that he still wasn't satisfied with the counting of employees as he believed that that section discriminated against the family working in a business. It is his contention that the ordinance does not relate the City Council's original intention. ' MOTION: Councilman Donohoo moved that the amendments be deferred for further study. The motion was seconded by Councilman McConaghay and unanimously carried. RECESS: 9:05 p.m. RECONVENED: 9:20 p.m. NEW BUSINESS C-1 Review of weed abatement and special assessment charges Mr. Little explained that the lists were the assessment charges on three different items and requested the Council's approval of the lists and their motion that the lists be placed on the County tax roll for the fiscal year 1971-72. Presented for the consideration of the Council were: Greenwood Avenue Improvements, S. S.iProject No. 49, curb and gutter construction. MOTION: Councilman McConaghay moved for the approval of the assessment list for Greenwood Avenue Improvements, S. S. Project No. 49, curb and gutter construction and that the list be placed on the 1971-72 tax roll. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL August 10, 1971 Central District Improvements, Priority No. 1, curb, gutter and sidewalk construction. MOTION: Councilman Donohoo moved for the approval of the assessment list for Central District Improvements, Priority No.l,curb, gutter and sidewalk construction and that the list be placed on the 1971-72 tax roll. The motion was seconded by Councilman McConaghay and unanimously carried. Weed abatement charges, 1971-72. MOTION: Councilman Keiser moved for the approval of the weed abatement charges and that the list be placed on the 1971-72 tax roll. The motion was seconded by Councilman Donohoo and unanimously carried. C-2 Claim of H. J. and E. Hill for damage caused by sewer line back-up Mr. Little explained that all that was required of the Council at this time was that they acknowledge receipt of the claim and that no action be taken at this time. He stated that this is what the insurance agent had requested. MOTION: Councilman Donohoo moved for the -acknowledgement of the claim and that no further action be taken at this time. The motion was seconded by Council Walters and unanimously carried. C-3 RESOLUTION NO. 62-71. Resolution accepting work on Chlorina- tion Facility and directing recordation of Notice of Completion MOTION: Councilman Keiser moved that Resolution No. 62-71 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution No. 62-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 62-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. C=4 Proposed ordinance creating Chapter IV to Title IX of the Morro Bay Municipal Code adopting a Harbor Ordinance Mr. Little explained that the proposed ordinance was a result of the study sessions on this matter and merely for Council consid- eration and should be studied further. H& suggested that it be put on the next agenda to set a hearing date for the harbor ordinance. Mr. Gannon gave opinions on speed laws and wake damages caused by not enough boat speed. Council decided to defer the matter at this time and set a date for study of this ordinance at -'the next regular meeting. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 10, 1971 Page Six C-5 Proposed resolution establishing setting fees for the mooring of docks and off -shore moorings rules and regulations and vessels at City owned piers, This matter was also deferred to the study session. INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council (1) Councilman Donohoo referred the Council to a letter received from the California Council on Intergovernmental Relations on establishing regional planning districts within the State. The Council reviewed the questions on the Regional Planning Survey. (2) Councilman Donohoo reported on a letter he received from the City Council of the City of Los Angeles requesting an answer to a questionaire on tax conferences. Mr. Little was directed to reply to the letter. (3) Councilman Keiser reported on legislation concerning mobile homes. (4) Councilman Keiser requested the status on the bridge connecting Coleman Drive to Morro Dunes as she had had quite a few questions regarding this. Mr. Little gave a brief report of progress and instructed Doug Stuart, Public Works Director, to get tentative bid dates from Sam Taylor, City Engineer. Mr. Stuart stated that bid dates would probably be before the end of the calendar year. (5) Councilman Keiser related the various complaints she had had regarding the ice machine on the Embarcadero owned by John Dana. She suggested that something be done to eliminate the public's loss of money in the machines. Staff was directed to write a letter to Mr. Dana requesting the he either make arrangements with some businessman to refund the money for him, put up a sign telling the people where to go or write when they lose their money, or take the machines away completely. (6) Councilman McConaghay paid compliments to the Recreation Department on the fine job they are doing on their program this year and stated that he had had many comments from the public who are well pleased with the activities. D_2 City Attorney (1) Mr. Madden reported on the meeting he, Mr. Little, and Mr. Warden had with Virgil Butler of the State Lands Commission last week. He requested that the Council authorize Staff to write a letter requesting the lands commission to do certain background investigation work for the City regarding Tidelands grants from South Street to the launching ramp. He stated that a formal letter was required. MOTION: Councilman Donohoo moved that Mr. Madden be authorized to write a letter to the State Lands Commission requesting that they do certain background investigation work for City regarding the Tidelands grants. The motion was seconded by Councilman Walters and unanimously carried. L MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL August 10, 1971 D-3 City Administrator (1) Mr. Little presented the Expenditure report for the period July 16 through July 31, 1971 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period July 16 through July 31, 197. The motion was seconded by Councilman McConaghay and unanimously carried. Councilman Donohoo pointed out that some checks paying for Recreational activities were from self-sustaining funds by that department. (2) Mr. Little reported on a letter he had received from the County Administrative Office about their budget proposals for Woods Animal Shelter for 1971-72. He recommended that the Council wait until some of the other cities had decided what to do before the Council make a decision on this matter. Mayor Mitchell requested that the matter be put on the agenda for the next Council meeting. (3) Mr. Little presented a request from the Chief of Police for authorization to hire a police officer for the position vacated by Von E. Carney. He also requested that Staff be authorized to hire within the Police Department as vacancies come up within the limitations of the budget as there have been recurring vacancies and they have to wait until the next Council meeting before they can hire to fill these. He suggested this be tried for a period of six months. MOTION: Councilman Donohoo moved that Staff be authorized to fill any vacancies in the Police Department within the limita- tions as set forth in the 1971-72 budget for a period of six months. The motion was seconded by Councilman Keiser and unanimously carried. (4) Mr. Little presented a letter addressed to him from Burt Talcott regarding outdoor pleasure crafts and offering his assistance to the City of Morro Bay in this matter. (5) Mr. Little asked for confirmation from the Council on their attendance at the League of California Cities meeting in Lompoc and also the one in San Francisco. Mayor Mitchell appointed himself as the voting delegate to the League of California Cities meeting in San Francisco and Councilman Donohoo as the alternate. CORRESPONDENCE 1. Letter from Isable Orr of Baywood Park regarding transportation 2. Letter from the Department of Parks and Recreation regarding removal of a:.portion of the fence at,the intake and discharge conduits that serve the power plant to provide access for local and visiting fishermen. 3. Letter from the City of Monterey Park regarding Senate Bill No. 51, consumer auto repair bills. 0 0 MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL August 10, 1971 4. Letter from Guadalupe inviting Councilmen to participate in their Mexican Independence Day Celebration and Gala Parade on September 16, 1971. 5. Letter from Edmond K. Slaven skipper of the Black Duke commending the Morro Bay Yacht Club on their hospitality to vacationers. 6. Letter from the Morro Bay Chamber of Commerce inviting the Council members to ride in the Rock-O-Rama Parade on September 4th. Mr. Little was instructed to inform Mr. Duke, Chamber Director, that the Council will ride l n the parade unless they have some more pressing commitment. 7. Letter from Morro Bay Motel Association supporting the Joint Agency Agreement of the two cities and the county government on the matter of recreational facilities at Camp San Luis Obispo. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Walters and unani- mously carried. Councilman Keiser reminded the City Council that the Queen of San Luis Obispo County was to be crowned at the San Luis Obispo County Fair on August 11, 1971 and that Miss Morro Bay was one of the candidates and it would be a good idea for as many as could to attend the coronation in support of Miss Morro Bay. ADJOURNMENT MOTION: Councilman McConaghay moved that; the meeting by adjourned. The motion was seconded by Councilman Walters and unani- mously carried. The meeting was adjourned at 10:13 p.m. RECORDED BY: M. J. LITTLE, City Clerk L By: Ardith Davis Deputy City Clerk 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING July 27, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of regular meeting of July 13, 1971 HEARINGS, APPEARANCES, AND REPORTS A-1 Appearance of Supervisor Kidwell re Service District No. 15 UNFINISHED BUSINESS B-1 Report of Murray L. Warden on changing City Council meeting night B-2 Status of Woods Animal Shelter and County arrangements NEW BUSINESS C-1 Resolution granting a Use Permit to Morro Bay Chamber of Commerce to conduct annual Rock-O-Rama celebration C-2 Resolution approving grant of Use Permit to Morro Bay Lions Club C-3 Set date for hearing on Donald C. MCElmoyl's appeal from Planning Commission INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL Regular Meeting. July 27, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Councilman McConaghay gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Mayor Mitchell ABSENT: None MINUTES Keiser, McConaghay, Walters and The minutes of the regular meeting of July 13, 1971 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman McConaghay and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS A-1 Appearance of Supervisor Kidwell re Service District No. 15 Supervisor Kidwell reported on discussions with Mr. Flock, owner -operator of Jones' Ambulance Service'. He cited Mr. Flock's reasons for increased rates and proposed an amendment to the pre- sent agreement. The proposed amendment would continue the pre- sent guarantee that the ambulance be stationed in the City of Morro Bay to serve the City and County Service Area No. 15; that call rates be increased by $3.00, that the mileage rate be in- creased by $.50 per patient mile, that the use of oxygen be $5.00; that the subsidy be reduced from existing $9,000 to $5,500 per year. Mayor Mitchell stated that he was convinced that some arrangements should be made to bring the City of Morro Bay into the Service District No. 15 and that continued ambulance service was necessary. MOTION: Councilman Donohoo moved that the Council approve the continuing agreement as outlined in Mr. Flock's letter. The motion was seconded by Councilman Keiser and unani- mously carried. Mayor Mitchell suggested that Staff study the possibility of the City joining the County in Service District No. 15 and that this matter be placed on the Council agenda for discussion. UNFINISHED BUSINESS B-1 Report of Murray L. Warden on changing City Council meeting night Mr. Warden reported that in his discussions with newspapermen Dave Vienna of the Bulletin and Joseph Giannini of the Sun, both felt that the Tuesday night Council meeting did not give them time • C, MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL July 27, 1971 to meet their printing deadline and provide full coverage of City Council news. He stated that as a result of these discussions, it was agreed that a change to Monday night would give them the time they needed. As this meeting night did not conflict with any arrangements by the City Attorney, it was recommended that the Council direct an ordinance to be prepared to authorize the change. It was noted that this change would necessitate the agenda day to be moved from Friday to Thursday preceeding each Council meeting. MOTION: Councilman McConaghay moved that Staff be directed to prepare an ordinance to change City Council meeting night to the second and -forth Mondays of each month and that the ordinance be?placed on the next agenda for the first reading. The motion was seconded by Councilman Donohoo and unanimously carried. B-2 Status of Woods Animal Shelter and County arrangements Mr. Warden asked Council for their approval to pay Woods Animal Shelter the prevailing -rate of $493.58 monthly until the County had worked out a suggested settlement to the problem. MOTION: Councilman Donohoo moved that staff be authorized to pay Woods Animal Shelter the rate of $493.58 on a month to month basis until a definite settlement was reached. The motion was seconded by Councilman Walters and unanimously carried. Supervisor Kidwell mentioned that this matter was pending completion of County budget discussions. NEW BUSINESS C-1 RESOLUTION 58-71. RESOLUTION GRANTING A USE PERMIT TO MORRO BAY CHAMBER OF COMMERCE TO CONDUCT ANNUAL ROCK-O-RAMA CELE- TION MOTION: Councilman Donohoo moved that Resolution No. 58-71 be read by title only. The motion was seconded by Council- mand Walters and unanimously carried. Mr. Warden read Resolution No. 58-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 58-71. The motion was seconded by --Councilman Walters and unanimously carried by roll call vote. C-2 RESOLUTION NO. 59-71. RESOLUTION APPROVING GRANT OF USE PERMIT TO MORRO BAY LIONS CLUB MOTION: Councilman Keiseri• moved that Resolution No. 59-71 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Warden read Resolution No. 59-71 by title only. • 11 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 27, 1971 Page Three MOTION: Councilman McConaghay moved for th No. 59-71. The motion was seconded Walters and unanimously carried by e adoption of Resolution by Councilman roll call vote. C-3 Set date for hearing on Donald C. McElmoyl's appeal from Planning Commission decision on Variance and Use Permit application Mr. Warden suggested that the August 10 Council meeting be slated for this hearing. He also stated that a fifteen dollar fee has been established for appeal hearings of this type. MOTION: Mayor Mitchell moved that the Council set August 10 as the hearing date for Donald C. McElmoyl's appeal and that the established fifteen dollar fee be applied. The motion was seconded by Councilman Donohoo and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser reported on a meeting she attended concerning Government Land and Use Policies (2) Mayor Mitchell reported on a letter from Senator Cranston in response to the City's support to pass a general revenue sharing bill. (3) Councilman McConaghay reported on two unsightly pieces of property on Morro Bay Boulevard and urged the Council to take necessary action to get the properties improved or removed. One of the properties in question is on the corner of Morro Bay Boulevard and Monterey Street across from the Bank of America. It was a Richfield Station and some motel units not in use and badly damaged surround it. Some windows are broken and could result in serious injuries. The other piece of property is on the corner of Morro Bay Boulevard and Main Street. Councilman McConaghay stated that both these buildings are unsightly and potentially dangerous. Mr. Madden noted that the City has police powers to inspect the buildings and that the broken window should be boarded immediately. Mayor Mitchell recommended that Staff be directed to look into the matter and report to the Council with recommendations. Chief Rieger reported on past discussions with one of the owners of the properties in question which produced negative results. D_2 City Attorney (1) Mr. Madden advised the City Council that May E. Pipkin had filed action in Tulare or San Joaquin County on February 5, 1971 against the State of California, County of San Luis Obispo, City of Morro Bay et al. Mr. Madden has discussed this case with both Mr. Paul Joseph of the Attorney General's Office, and Mr. Virgil Butler of the State Lands Commission. He has scheduled a meeting on August 6, 1971 with Mr. Butler in Los Angeles, Mr. Warden and Mr. Little to discuss Tidelands questions. E MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL July 27, 1971 D-3 City Administrator (1) Mr. Warden presented the Expenditure Report for the period July 1, 1971 through July 15, 1971 for the con- sideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Ex- penditure Report. The motion was seconded by Councilman McConaghay and unanimously carried. (2) Mr. Warden asked for the approval of the Council to correct two mis-numbered Resolutions. He suggested that one of the two resolutions numbered 46-71 be changed to read Reso- lution No. 46-71A. MOTION: Councilman Donohoo moved for the approval of changing the second resolution numbered 46-71 to 46-71A. The motion was seconded by Councilman Walters and unanimously carried. (3) Mr. Warden reported on current Recreational activities citing attendance in various activities and the overall favorable response to the Recreation Department's summer programs. (4) Mr. Warden announced that the Waterfront Businessmen's Association was scheduled to meet Tuesday, August 10, 1971 in the City Hall Conference Room at 3:30 p.m. (5) Mr. Warden informed the Council that a check in the amount of $150.00 has been presented to the City from the Morro Bay notary Club for the purpose of buying a backstop for the "Lila H. Keiser Park". (6) Mr. Warden requested information regarding which of the Council members wished to attend the League of California Cities meeting in Lompoc on August 20, 1971. Councilmen Keiser, Donohoo and Mayor Mitchell indicated their desire to attend. Mr. Warden also requested the names of those planning to attend the League of California Cities meeting in San Francisco in September. Councilman Donohooand Mayor Mitchell said they would attend with Councilman McConaghay to give notice. Councilman Keiser suggested that at least the chairman of the Planning Commission be invited to attend some of these meetings in the place of Councilmen who could not attend. Councilman Donohoo said a letter had been sent to them inviting them to the meeting in San Francisco. CORRESPONDENCE 1. Letter from the City of Downey concerning the establishment of a Criminal Justice system as proposed by Attorney General Younger. 2. Letter from Assemblyman Ketchem concerning Assembly Bill 1617, Trippler's tax measure. 3. Letter from Mr. Hoeschel re Priority No. 1 4. Letter from Morro Bay Chamber of Commerce supporting Dan Stack's MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 27, 1971 Page Five Make America Beautiful efforts to obtain property at Camp San Luis Obispo and requesting Council support. 5. Letter from Dan Stack re obtaining property at Camp San Luis Obispo 6. Report from San Luis Obispo County Development Association on recent meetings 7. Letter from Governor Reagan concerning freeway and transpor- tation planning MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Walters and unanimously carried. ADJOURNMENT MOTION: Councilman McConaghay moved that the meeting be adjourned. The motion was seconded by Councilman Walters and unani- mously carried. The meeting adjourned at 8:25 p.m. RECORDED BY: M. J. LITTLE, City Clerk �C&i4 �� By: Ardith Davis Deputy City Clerk 1J CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING July 13, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of regular meeting of June 22, 1971 2. Minutes of special meeting of June 28, 1971 3. Minutes of special meeting of July 2, 1971 4. Minutes of executive meeting of July 2, 1971 HEARINGS, APPEARANCES, AND REPORTS A-1 Report of Harvey Hunt on Carollo Engineers Wastewater Treatment Plant Study A-2 Appearance of Dean Hileman concerning warning signs at Morro Rock A-3 Appearance of Ned Rogoway concerning acquisition'of land for recreation purposes A-4 Appearance of Mike O'Daniels requesting temporary Use Permit for bicycle rentals A-5 Appearance of Clayton Scovell for Business Men's Committee re Business License Ordinance #89 A-6 Hearing on Select System Project No. 49 - Greenwood Avenue A-7 Hearing on Priority No. 1 - Central District; Curb, gutter and sidewalk construction program UNFINISHED BUSINESS B-1 Recommendations of the Morro Bay Waterfront Business Men concer- ning Morro Bay harbor economic climate NEW BUSINESS C-1 Resolution accepting work and giving notice of completion for constructing concrete curbs and gutters on Greenwood Avenue between Avalon and Elena Streets - SS No. 49. C-2 Proposed contract with Woods Animal Shelter C-3 Resolution adopting salary schedule for fiscal year 1971-72 C-4 Announcement of appointment to Parks and Recreation Commission INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT 0 • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 13, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Rabbi E. L. Weis gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, MCConaghay, and Mayor Mitchell ABSENT: Councilman Walters Mayor Mitchell explained that Councilman Walters was absent due to the telephone company's strike and may or may not attend later. MINUTES The minutes of the regular meeting of June 22, 1971, the special meeting of June 28, 1971, the special meeting of July 2, 1971 and the executive meeting of July 2, 1971 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman Keiser and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS A-1 Report of Harvey Hunt on Carollo Engineers Wastewater Treat- ment Plant Study Harvey Hunt summarized the report of some 100 pages prepared by John Carollo Engineers concerning the City of Morro Bay's wastewater treatment plant. He explained that the report set forth the results of their investigation and analysis of the treatment and disposal facilities and provides a Master Plan for the City in regards to wastewater treatment and disposal. He urged the City Council to reach a determination as to needs and the proposed facilities by January of 1973 in light of current discharge requirements and Federal and State grant programs. Mr. Hunt complimented the staff and operators of the treat- ment plant. He stated that the City had one of the better operated plants in the state of California and meets all the requirements set by the state and regional board. A-2 Appearance of Dean Hileman concerning warning signs at Morro Rock Dean Hileman presented three signs that he had prepared warning against climbing Morro Rock and the jetty. He stated that he had presented the signs to the .State Park and they had approved of the 'sign that warned agaih'st'wahking'on' *the jetty as the more impressive. He told the Council that he was to talk to a representative from the Corps of Engineers about putting this sign on the jetty. Mr. Hileman requested that the City Council prepare a letter to the Army Corps of Engineers recommending MINUTES - MORRO Regular meeting Page two BAY CITY COUNCIL July 13, 1971 that the designated sign be prepared and placed on the jetty. MOTION: Councilman Keiser moved that the Council send a letter to the Army Corps of Engineers endorsing the sign warning against walking on the jetty. The motion was seconded by Mayor Mitchell and unanimously carried. The Council complimented Dean Hileman on his work and interest in the community. A-3 Appearance of Ned Rogoway concerning acquisition of land for recreation purposes Mr. Ned Rogoway, Planning Director, reported on the County of San Luis Obispo's plan for the surplus land at Camp San Luis Obispo for recreational purposes. He briefly explained how the surplus land came about and the County's attempt to secure it and defined the federal government's requirements for securing the land. Mr. Rogoway stated thatthe County's plan for the land was for a regional park and picnic area, a day camp, a golf course and a number of other features such as riding, hiking, etc. He said the cost of the initial phase of development would be a minimum of $110,000.00. Questions were then answered by Mr. Rogoway. Mr. Dan Stack requested the Council to defer action on supporting the County's plan until his committee, the Make America Better Committee, Scenic Coast Realtors, finished their survey as to the feasibility of the City obtaining some of the surplus land. Councilman McConaghay recommended that the Council withhold action until Mr. Stack's committee finished with their survey. MOTION: Councilman Keiser moved that the Council defer any action until a report is submitted on the studies being made. The motion was seconded by Councilman McConaghay and unanimously carried. A-4 Appearance of Mike O'Daniels requesting temporary Use Permit for bicycle rentals Mike O'Daniels requested that the City Council grant him a ninety day use permit without his first obtaining the permission of the Planning Commission, which is the usual procedure. He stated his reason for this is that he wants to get into business as soon as possible so as to be in a position to benefit from the summer season. He stated that after the permit expired he would then possibly apply to the Planning Commission for a permanent permit. MOTION: Councilman Donohoo moved for the approval and granting of a ninety day use permit for Mike O'Daniels to operate a bicycle rental stand. The motion was seconded by Councilman Keiser and unanimously carried by voice vote. A'-5 Appearance of Clayton Scovell for Business Men's Committee re Business License Ordinance No. 89. Clayton Scovell, representing the Business Men's Committee, MINUTES - •MORRO Regular meeting Page three BAY CITY COUNCIL July 13, 1971 stated the objections by the committee to the Business License Ordinance No. 89. He also presented the Council with a petition containing some 224 business men's signatures stating that they protest the Business License Ordinance No. 89 as presently presented and request revision. Further discussion ensued with questions being answered by Murray Warden, Assistant City Administrator, and opinions obtained from Mr. Madden, City Attorney. The committee asked for action from the City Council on this matter. Mayor Mitchell reminded them that it was the concensus of the Council that action should be deferred until business Licenses were paid and all objections to the tax reviewed. Mr. Warden gave staff thoughts as to possible revisions for Council consideration. MOTION: Councilman Donohoo moved that Council action be deferred until the August 10 meeting in order to give staff time to prepare material concerning possible revision of the ordinance and time for Mr. Little's return. The motion was seconded by Councilman Keiser. Further discussion ensued. The motion was unanimously carried by voice vote. RECESS: 9:33 p.m. RECONVENED: 9:47 p.m. Mayor Mitchell noted that the committee for the business men for revision of Business License Ordinance No. 89 had requested a committee of Council members meet with them prior to the August 10 Council meeting. Mr. Donohoo suggested that the Council should wait until the return of Mr. Little. MOTION: Mayor Mitchell moved that the City Council appoint a committee to meet with the Business Men's Committee. The motion was seconded by Councilman McConaghay and unanimously carried. Mayor Mitchell appointed Councilman Keiser and himself to meet with the Business Men's Committee. Councilman Keiser suggested that Mr. Madden be present at the meeting also. A-6 Hearing on Select System Project No. 49 - Greenwood Avenue Mayor Mitchell explained that the public hearing was to hear any objections to the assessments. He declared the hearing open at 10:00 p.m. and as there were no oral or written protests, closed the hearing at 10:01 p.m. MOTION: Councilman Donohoo moved that the report on Greenwood Avenue be adopted. The motion was seconded by Councilman McConaghay and unanimously carried. A-7 Hearing on Priority No. 1 - Central District; curb, gutter and sidewalk construction program MINUTES - MORRO Regular meeting Page four BAY CITY COUNCIL July 13, 1971 Mayor Mitchell explained that this hearing was also to hear protests to the amounts of assessments. He declared the hearing open at 10:02 p.m. and called for protests. Mr. Hoeschell stated that he objected to the work being done on his street without his knowing of it. He had assumed that he would be notified a day or two before work started so as to inform the contractor that he intended to engage his own contractor to do the work. Mr. Doug Stuart informed the City Council and Mr. Hoeschell that all the necessary steps required by law had been taken to notify the property owners when the contracting was to be done. Each property owner had been individually notified by mail that within sixty days work would commence and at that time they were to engage their own contractor if they wished and to notify the City of their desire. Mayor Mitchell declared the hearing closed at 10:09 p.m. MOTION: Councilman Donohoo moved that the project designated as Priority No. 1 be approved. The motion was seconded by Councilman Keiser and unanimously carried by voice vote. UNFINISHED BUSINESS B-1 Recommendations of the Morro Bay Waterfront Business Men concerning Morro Bay harbor economic climate The Council reviewed a letter from the Morro Bay Waterfront Business Men signed by Glenn Johnson, committee chairman. Mr. Johnson was asked if he cared to comment further. He stated that since the letter was presented to the Council from the committee, he had contacted approximately 90% of the businessmen on the waterfront and they were all in accordance with the recommendations of the committee. Mayor Mitchell noted that the Committee requested a meeting be scheduled between a City Council appointed committee, and their committee. Councilman Donohoo approved of such a meeting, but suggested that Mr. Madden, Mr. Little, and Mr. Warden also sit in on the meeting. Mr-. Johnson asked that if the City as to have their attorney present, the committee requested that their counsel also be allowed to be present. Discussion was held with the Council questioning the committee's request for their attorney to be pre- sent, explaining that the Council's only reason for the City Attorney's presence was due to his familiarity with the problems and thus he could answer questions that might arise. Mr. Johnson stated that since attorneys differ as to the interpretations of the law, they would prefer to have their attorney present also. The Council voiced no further objections. Councilman Keiser suggested that a member of the Planning Commission also be directed to attend the meeting. MOTION: Councilman Donohoo moved that the Councilappoint a committee to meet with the Morro Bay Waterfront Business Men concerning Morro Bay harbor economic climate; the committee to meet after the return of Mr. Little and with E • MINUTES - MORRO Regular meeting Page five BAY CITY COUNCIL July 13, 1971 the attendance of Mr. Madden. The motion was seconded by Councilman Keiser and unanimously carried by voice vote. Mayor Mitchell appointed Councilmen Donohoo and McConaghay to serve on the committee. NEW BUSINESS C-1 RESOLUTION NO. 55-71. RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR CONSTRUCTING CONCRETE CURBS AND GUTTERS ON GREENWOOD AVENUE MOTION: Councilman Donohoo moved that Resolution No. 55-71 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. At this point a gentleman who owns property in Select System No. 49 requested that some redrock located in the gutter in front of his property be removed as it is a nuisance. Doug Stuart was directed by Council to take care of the matter. Mr. Warden read Resolution No. 55-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 55-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. C-2 Proposed contract with Woods Animal Shelter Mayor Mitchell stated that in view of the contract extension from Woods Animal Shelter, this matter would be deferred until such time as the county and cities decided what to do about the request for increased rates. C-3 RESOLUTION NO. 56-71. RESOLUTION ADOPTING SALARY SCHEDULE FOR FISCAL YEAR 1971-72 MOTION: Councilman Donohoo moved that Resolution No. 56-71 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Warden read Resolution No. 56-71 by title only. MOTION: Councilman McConaghay moved for the adoption of Resolution No. 56-71. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. C-4 Announcement of appointment to Parks and Recreation Commission Mayor Mitchell announced that at a special meeting of the City Council, they interviewed two applicants for the Parks and Recreation Commission, and that they had selected Mr. Sid Bennett to fill the vacant position in the Parks and Recreation Commission. He was appointed to fill the unexpired term of Lous Domenghini. C-5 RESOLUTION NO. 57-71. RESOLUTION APPROVING AMENDMENT TO LEASE WITH UPTE, INC., A CALIFORNIA CORPORATION, FOR LEASE SITE NO. 21 C� C] MINUTES - MORRO Regular meeting Page six BAY CITY COUNCIL July 13, 1971 Mayor Mitchell explained that the resolution approves the request by Upte, Inc. to acknowledge expenditures in excess of $50,000 and, under the terms of the lease, permits extending the lease from a total term of twenty-five years to a total term of forty years. MOTION: Councilman Donohoo moved that Resolution No. 57-71 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Warden read REsolution No. 57-71 by title only. MOTION: Councilman Donohoo moved for the adoption of REsolution No. 57-71. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council (1) Councilman Keiser asked the City Council if it was possible for the City Council meeting to be changed from Tuesday night to possibly Monday night or some other night. This would make it easier for the newspaper people in meeting their printing deadline schedules. It was noted that it is hard to get the news in on Tuesday night when the newspapers come out on Wednesday. MOTION: Councilman Donohoo moved that staff be directed to investigate the possibility of changing the City Council meeting night as it might conflict with previous arrangements of staff or the City Attorney. The motion was seconded by Councilman Keiser and unanimously carried by voice vote. (2) Councilman Donohoo announced the 73rd Annual Conference of the League of California Cities in San Francisco, September 26-29, 1971. He directed the City Council to let staff know if they were going to attend so that reservations could be made. Mr. Warden suggested that Council members do this as soon as possible so as to insure their getting reservations. (3) Mayor Mitchell stated that he had received numerous complaints as to the motorcycle and trail bike noise on the large area of property owned by Den -bulk located north of the high school. It was noted that the Vehicle Code provided for citations due to excessive noise, but that it was written so as to require a measurement by decibel meter. Mayor Mitchell stated that an alternative to use of a decibel meter was to ask Mr. Den- Dulk to post "no trespassing signs in the area. He noted, however, that this would prevent poeple;from using the property for any purpose. Mr. Warden reported on a conversation he had at the request of Mayor Mitchell with Mr. Miller, City Administrative Officer of San Luis Obispo and San Luis Obispo City Attorney,Mr. Johnson. San Luis Obispo has a noise ordinance which calls for measurement by a decibel meter, -which they do not have. They stated that they MINUTES - MORRO BAY CITY COUNCIL Regular meeting July 13, 1971 Page seven did not believe it was really an enforceable ordinance on the basis of the requirement for citation based on a decibel meter reading. Councilman Donohoo reported on a recent conversation he had which indicated that Mr. Den -bulk had given instructions for ."no trespassing" signs to be erected on the property. D=2 City Attorney (1) Mr. Madden reported on various shoreline proposed acts in the legislature. D-3 City Administrator (1) Mr. Warden presented the Expenditure Report for the period June 16, 1971 through June 30, 1971,,-check number 3166 through 3231 for the consideration of the Council. MOTION: Councilman Dohohoo moved for the approval of the Expendi- ture Report for the period June 16, 1971 through June 30, 1971. The motion was seconded by Councilman McConaghay and unanimously carried. (2) Mr. Warden presented the Financial Report for the period July 1, 1970 through June 30, 1971 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Finan bial Report for the period July 1, 1970 through June 30, 1971. The motion was seconded by Councilman McConaghay and unanimously carried. (3) Mr. Warden presented Chief Holeman's request to fill a Police vacancy resulting from the resignation of Officer Phillip Summers. MOTION: Councilman Keiser moved that the City Administrator be authorized to fill pending vacancy in the Police Department. The motion was seconded by Councilman Donohoo and unani- mously carried. (4) Mr. Warden reported on the status of lease site insurance in regard to Mike St. John's lease. Mr. Warden informed the Council that his insurance had expired April, 1971 and that subsequent correspondence had brought no response from Mr. St. John. Mr. Warden stated that he had been in contact with Mr. St. John and his insurance agent and that his insurance agent assures the City that Mr. St. John in now covered and the City can expect confirming certificates within two weeks. The Council advised Mr. Warden that they wished to be advised if the required certificates were not forthcoming. (5) Mr. Warden briefly reported on :the status of the Bay dredging project. CORRESPONDENCE 1. Letter from Department of Finance advising the City of the MINUTES - MORRO BAY CITY COUNCIL Regular meeting July 13, 1971 Page eight population estimate for the City of Morro Bay as being 7,450.• 3. Letter from City of Half -Moon Bay re Resolution on coastal control. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman McConaghay and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting was adjourned at 10:45 p.m. RECORDED BY: M. J. LITTLE, City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF 'SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Friday, July 2, 1971 at 5:00 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, consider personnel matters. July 1, 1971 DALE C. MITCHELL, Mayor City of Morro Bay,,Cali MINUTES - MORRO BAY CITY COUNCIL Special Meeting July 2, 1971 5:00 p.m. City Hall Conference Room The meeting was called to order at 5:00 p.m. by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters, and Mayor Mitchell ABSENT: None MOTION: Councilman Donohoo moved that the meeting be adjourned to executive session to interview applicants for Parks and Recreation Commissioner. The motion was seconded by Councilman Walters and unanimously carried. The meeting was adjourned to executive session at 5:05 p.m. and reconvened to regular session at 5:25 p.m. MOTION: Councilman Donohoo moved that Sid Bennettbe appointed to the Morro Bay Parks and Recreation Commission for the unexpired term of Louis Domenghini ending June 30, 1974. The motion was seconded by Councilman Keiser and unani- mously carried. MOTION: Councilman Walters moved that the meeting be adjourned. The motion was seconded by Councilman Walters and unanimously carried. The meeting was adjourned at 5:30 p.m. Recorded by: M. J. LITTLE, City Clerk Qr 6&14 D� By: Ardith Davis Deputy City Clerk 6 46 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Wednesday, June 30, 1971 at 5:00 p.m. in the City Hall Confer- ence Room, 595 Harbor Street, Morro Bay, California, to consider the following: Results of labor negotiations DATED: June 28, 1971 DALE C. MITCHELL, Mayor City of Morro Bay, California i MINUTES - MORRO BAY CITY COUNCIL Special Meeting June '30, 1971 5:00 p.m. City Hall Conference Room The meeting was called to order at 5:00 p.m. by Mayor Mitchell ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters, and Mayor Mitchell ABSENT: None Mr. Little explained that the purpose of the meeting was to discuss and approve the Memorandum of Understanding between the Morro Bay Police Officers' Association and the City of Morro Bay. Mayor Mitchell suggested that everyone take a minute to look over the Memorandum. MOTION: Councilman Donohoo moved that the Council adopt the Memorandum of Understanding between the Morro Bay 'Police Officers' Association and the City of Morro Bay and also approve the increases provided in the Memorandum be incorporated in the 1971-71 budget. The motion was seconded by Councilman Walters and unanimously carried by voice vote. Mr. Little requested a motion to provide for vacation and holiday provisions for those employees not covered by the Memor- andum of Understanding. MOTION: Councilman McConaghay moved that the vacation and addi- tional holidays provided for in the Memorandum of Under- standing with the Police Officers' Association be made applicable to the Police Chief and Police Captain and that the vacation and additional holidays provided for in the Memorandum of Understanding with the Morro Bay City Employees' Association be made applicable to the Fire Chief and to those other employees not covered by the Memorandum of Understanding. Councilman Walters seconded the motion and it was unanimously carried by voice vote. Mr. Little then presented the Council with the final budget figures including provisions of the Police Officers' Association Memorandum of Understanding and of the motion just adopted. Councilman Keiser requested that the Council set a date for interviewing the applicants for Parks and Recreation Commissioner. July 2, 1971 at 5:00 p.m. was set for the meeting. MOTION: Councilman McConaghay moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting was adjourned at 5:10 p.m. Recorded by: M. J. LITTLE, City Clerk � �4 'By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING June 22, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of regular meeting of June 8, 1971 2. Minutes of executive meeting of June 8, 1971 HEARINGS, APPEARANCES, AND REPORTS A-1 Hearing on "Debt Limit Report", Improvement District #6 A-2 Appearance of representatives of Morro Bay Police Officers Association concerning labor negotiations A-3 Report of City Engineer on feasibility of alternate to bridge across Morro Creek UNFINISHED BUSINESS B-1 Memorandum of Understanding - Morro Bay Fire Fighters B-2 Memorandum of Understanding - Morro Bay City Employees Assn. B-3 Ordinance approving and adopting a budget for the Fiscal Year 1971-72 B-4 Resolution naming City park on P.G.& E. property "Lila H. Keiser Park" B-5 Ordinance #90 amending zoning map (second reading) B-6 Letter from Attorney General's office re Pipkin litigation B-7 Resolution authorizing granting of lease to Registered Properties Management, Inc. for Lease Site No. 15 NEW BUSINESS C-1 Request of Morro Bay Planning Commission for support of County Plan for golf course and recreation area C-2 Ordinance amending Section 11102.9 of Animal Regulation Ordinance C-3 Resolution approving agreement with Chamber of Commerce for Fiscal Year 1971-72 C-4 Resolution assigning lease on Lease Sites 97, 98, 99, 97W, 98W, and 99W from Howard Eytcheson to Jack L. Gaddis, Wm. R. Manley, John Manley and Howard Eytcheson C-5 Set date for hearing on Priority #1; curb, gutter and sidewalk improvements (hearing date July 13, 1971) C-6 Set date for hearing on Greenwood Avenue improvements, SS Project No. 49 (hearing date July 13, 1971) INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 22, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Rev. Starks gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Mayor Mitchell ABSENT: None MINUTES Keiser, McConaghay, Walters and The minutes of the regular meeting of June 8, 1971 and the executive meeting of June 8, 1971 were considered by the Council. Mayor Mitchell noted a correction on page one with the change of Richard F. to Richard Fisher under A-1. Staff was directed to make the correction. MOTION: Councilman Donohoo moved that the minutes be approved as corrected. The motion was seconded by Councilman McConaghay and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS A-1 Hearing on "Debt Limit Report", Improvement District #6 Mayor Mitchell declared the hearing open at 7:38 p.m. It was noted that Ed Ness was present for questions and 'discussion. Sam Taylor, City Engineer was requested to give a summary of what Improvement District #6 entails. He stated briefly that the improvements included the construction of'streets, sewers, drive- way approaches and drainage facilities, and the acquisition of rights -of -ways shown within the limitations of the boundary map. Mayor Mitchell requested Mr. Little to read the written protests. Mr. Little read the five written protests as Mr. Taylor pointed to the various areas on the map and stated that these pro- tests represented 3.28% of the area in the assessment district. Mayor Mitchell called for oral protests and, as there were none, closed the hearing at 8:52 p.m. RESOLUTION NO. 46-71. RESOLUTION OVERRULING PROTESTS MOTION: Councilman Donohoo moved that Resolution 46-71 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Resolution No. 46-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 46-71. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. I] MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL June 22, 1971 MOTION: Councilman Donohoo moved for the approval of the Engineer's recommendation that the assessment on Parcel #3-12 be reduced to reflect the cost of the driveway approach only. The motion was seconded by Mayor Mitchell and unanimously carried. RESOLUTION NO. 47-71. RESOLUTION DIRECTING FILING OF BOUNDARY MAP WITH COUNTY RECORDER OF THE COUNTY OF SAN LUIS OBISPO, CALIFORNIA MOTION: Councilman McConaghay moved that Resolution No. 47-71 be read by title only. Councilman Donohoo seconded the motion and it was unanimously carried. Mr. Little read Resolution No. 47-71 by title only. MOTION: Councilman McConaghay moved for the adoption of Resolu- tion No. 47-71. The motion was seconded by Council- man Donohoo and unanimously carried by roll call vote. RESOLUTION NO. 48-71. RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND AUTHORIZING EXECUTION OF AGREEMENT MOTION: Councilman Donohoo moved that Resolution No. 48-71 be read by title only. The motion was seconded by Councilman Walters and unanimously carried. Mr. Little read Resolution No. 48-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 48-71. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. RESOLUTION NO. 49-71. RESOLUTION APPOINTING ENGINEER OF WORK AND AUTHORIZING EXECUTION OF AGREEMENT MOTION: Councilman Donohoo moved that Resolution NO. 49-71 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Little read Resolution No. 49-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 49-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. RESOLUTION NO. 50-71. RESOLUTION OF INTENTION IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS IN IM- PROVEMENT DISTRICT NO. 6, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA Mr. Ness representing bond counsel requested that on page 3, paragraph 2, line 5, the words "the City of Morro Bay" be stricken from Resolution No. 50-71. MOTION: Councilman Donohoo moved that in Resolution No. 50-71 the words "the City of Morro Bay" be stricken from line 5, paragraph 2 on page 3. The motion was seconded by Councilman Keiser and unanimously carried. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL June 22, 1971 At the request of Mr. Ness,.the following motion was proposed for adoption prior to the adoption of Resolution No. 50-71. MOTION: Councilman Donohoo moved that it is the finding of the City Council that the project designated as Improvement District #6, Upper Del Mar is feasible and that the lands to be assessed will be able to carry the burden of the assessment. The motion was seconded by Council- man Keiser and unanimously carried. MOTION: Councilman Donohoo moved that Resolution No. 50-71 be read by title only. The motion was seconded by Council- man McConaghay and unanimously carried by voice vote. Mr. Little read Resolution No. 50-71 by title only. MOTION: Councilman Keiser moved for the adoption of Resolution No. 50-71 as modified. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. A-2 Appearance of representatives of the Morro Bay Police Officers' Association concerning labor negotiations. Mayor Mitchell reported receiving word from the Morro Bay Police Officers' Association that they were not prepared to make an appear- ance at this meeting. No. discussion was held on this item at this time. A-3 Report of City Engineer on feasibility of alternate to bridge across Morro Creek After a brief discussion in which Mr. Sam Taylor elaborated on his report which had been submitted in memorandum form to the City Administrator, it was suggested by Councilman Keiser that staff go ahead with plans originally proposed for the bridge across Morro Creek. UNFINISHED BUSINESS B-1 Memorandum of Understanding - Morro Bay Fire Fighters Mayor Mitchell briefly summarized the memorandum which was the result of negotiations between the Morro Bay Fire Fighters and the Municipal Employee Relations Officer of the City for the period July 1, 1971 through June 30, 1972. MOTION: Councilman Donohoo moved for the approval of the Memor- andum of Understanding between the Morro Bay Fire Fighters I.A.F.F. Local No. 1855 and the City of Morro Bay and that the increased costs be added to the 1971-72 budget. The motion was seconded by Councilman Keiser and uan- imously carried. B_2 Memorandum of Understanding - Morro Bay City Employees Asso- ciation Mayor Mitchell briefly summarized the contents of the Memoran- MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 22, 1971 Page Four dum of Understanding between the Morro Bay City Employees' Asso- ciation and the City of Morro Bay. MOTION: Councilman McConaghay moved for the approval of the Memorandum of Understanding between the Morro Bay City Employees' Association and the City of Morro Bay. The motion was seconded by Councilman Donohoo and unanimously carried by voice vote. Mr. Little asked the Council for a motion to authorize the 3% increase for the Fire Chief, Police Chief, Police Captain and those non -safety employees not covered by the Memorandum of Understanding with the Morro Bay City Employees' Association. MOTION: Councilman Donohoo moved to authorize the 3% increase for the Fire Chief, Police Chief, Police Captain and those non -safety employees not covered by the Memoran- dum of Understanding with the Morro Bay City Employees' Association. The motion was seconded by Mayor Mitchell and unanimously carried. MOTION: Councilman Donohoo moved that the 3% increase be included in the 1971-72 budget. The motion was seconded by Council- man Keiser and unanimously carried. B-3 ORDINANCE NO. 91. ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1971-72 Mr. Warden reported on the increase in budget figures as a result of Public Employees' Retirement System rates being increased by legislation,.the Memorandum of Understanding and the Council authorization of additional personnel in the Police Department. There was lengthy discussion involving the Mayor's suggestion that $500.00 be inserted in the budget for appreciation certifi- cates, plaques, etc. MOTION: Councilman Keiser moved that the Council establish a contingency fund in the amount of $500.00 for the pur- pose of buying momentos, appreciation certificates, etc., to be used at the discretion of the Council. The motion died for lack of a second. Councilman McConaghay reminded the City that the momentos the delegates carried away from the meeting held at the Golden Tee for the League of California Cities were finer than any ever re- ceived by the Council and that the price of them -•was very nominal. MOTION: Councilman McConaghay moved that no additional funds be considered for this purpose at this time. The motion was seconded by Councilman Donohoo and unanimously carried. Further discussion was held relative to Ordinance #91 and opinions given by City Attorney James Madden. Mr. Little read Ordinance #91 in its entirety. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 22, 1971 Page Five MOTION: Mayor Mitchell moved for the adoption of Ordinance #91. The motion was seconded by Councilman Donohoo and unani- mously carried by roll call vote. B-4 RESOLUTION NO. 51-71. RESOLUTION NAMING CITY PARK ON P.G.&E. PROPERTY LILA H. KEISER PARK" MOTION: Councilman Walters requested that Resolution No. 51-71 be read in its entirety. Mr. Madden read Resolution No. 51-71 in its entirety. MOTION: Councilman Walters moved for the adoption of Resolution No. 51-71 with the correction of "at the entrance to" changed to "in the" in paragraph number six of the Resolution. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote with Councilman Keiser abstaining. B-5 ORDINANCE #90. ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF MORRO BAY (second reading) MOTION: Councilman Donohoo moved that Ordinance #90 be read by title only. The motion was seconded by Councilman Walters and unanimously carried by voice vote. Mr. Little read Ordinance #90 by title only. MOTION: Councilman Donohoo moved for the adoption of Ordinance #90 and that this constitute the second and final reading. The motion was seconded by Councilman Walters and unani- mously carried by roll call vote. B-6 Letter from Attorney General's office re Pipkin Litigation. Mr. Little read a letter from the Attorney General's office signed by Paul M. Joseph, Deputy Attorney General stating that the Tidelands Litigation was at an end and congratulating Mr. Madden for bringing it to this conclusion. B-7 RESOLUTION NO. 52-71. RESOLUTION AUTHORIZING GRANTING OF LEASE TO REGISTERED PROPERTIES MANAGEMENT, INC. FOR LEASE SITE NO. 15 MOTION: Councilman Donohoo moved that Resolution No. 52-71 be read by title only. The motion was seconded by Council- man McConaghay and unanimously carried. Mr. Little read Resolution No. 52-71 by title only. MOTION: Councilman McConaghay moved for the adoption of Resolution No. 52-71. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. NEW BUSINESS C-1 Request of Morro Bay Planning Commission for support of County Plan for golf course and recreation area r, 0 • MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL June 22, 1971 Dan Stack made a presentation outlining the need for more recreational facilities and the plan of the Make America Better Committee, Scenic Coast Realtors, for the property at Camp San Luis Obispo and their wish to enlist the support of the City Council. Discussion ensued as to whether or not the support of the City Council would be an admission of financial support. Mr. Stack assured the City Council that it would not. MOTION: Mayor Mitchell moved that the City Council go on record as supporting the establishment of a golf course at Camp San Luis Obispo without a taxing entity. The motion died for lack of a second. Further discussion ensued. Councilman McConaghay recommended that Mr. Rogoway be directed to make a presentation to the City Council as to the County plan for the development of their recrea- tional area. Staff was directed to request Mr. Rogoway to appear at the Council's next regular meeting to report on the County's position in this matter. Mr. Stack was also requested to be present. RECESS: 9:10 P.M. RECONVENED: 9:21 p.m. C-2 ORDINANCE NO. 92. ORDINANCE AMENDING SECTION 11102.9 OF ANIMAL REGULATION ORDINANCE. Mayor Mitchell reported on the Board of Supervisor's meeting regarding animal control and that by resolution they placed the burden of control on the animal owner rather than on the tax payer. Mr. Little read Ordinance #92 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Ordinance #92. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. C-3 RESOLUTION NO. 53-71. RESOLUTION APPROVING AGREEMENT WITH CHAMBER OF COMMERCE FOR FISCAL YEAR 1971-72 MOTION: Councilman Donohoo moved that Resolution No. 53-71 be read by title only. The motion was seconded by Council- man Keiser and unanimously carried. Mr. Little read Resolution No. 53-71 by title only. MOTION: Mayor Mitchell moved for the adoption of Resolution No. 53-71. The motion was seconded by Councilman Walters and unanimously carried by roll call vote. C-4 RESOLUTION NO. 54-71. RESOLUTION ASSIGNING LEASE ON LEASE SITES 97, 98, 99, 97W, 98W, 99W,FROM HOWARD EYTCHESON TO JACK GADDIS, WM. R. MANLEY, JOHN MANLEY AND HOWARD EYTCHESON MOTION: Councilman Donohoo moved that Resolution No. 54-71 be read by title only. The motion was seconded by Councilman Walters and unanimously carried. • MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL June 22, 1971 Mr. Little read Resolution No. 54-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 54-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. C-5-- Set date for hearing on Priority #1; curb, gutter and side- walk improvements (suggested hearing date July 13, 1971) MOTION: Councilman Donohoo moved that a public hearing date be set for July 13, 1971 for Priority #1. The motion was seconded by Councilman Keiser and unanimously carried by voice vote. C-6 Set date for hearing on Greenwood Avenue improvements, Select System Project'No. 49 (suggested hearing date, July 13, 1971) MOTION: Councilman Donohoo moved that a public hearing date be set for July 13, 1971 for Select System Project No. 49. The motion was seconded by Mayor Mitchell and unanimously carried by voice vote. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Donohoo offered congratulations to Mr. Little upon his promotion to Captain in the United State Coast Guard Reserve. (2) Councilman Keiser requested that a meeting be slated between the City Council and the Planning Commission to discuss shoreline planning and also the housing element of the General Plan. Mayor Mitchell stated that he had a letter from the Army Corps of Engineers given to him by Mr. Brown, Chairman of the Planning Commission and that Mr. Brown had notified him of a special meeting of the Planning Commission on June 29, 1971 at the Morro Bay Recreation Hall. (3) Councilman Keiser also brought up the matter of pollution in the bay and the fact that she had had several calls from businessmen on the water front in regards to this matter and that several of them seem to be losing money because the tourist attractions are squeezing out the industries, among other things. Comments were heard from Mr. Glenn Johnson, of Glenn Johnson Machine Shop and Robert Gannon, owner of the party boat "Mallard". Mayor Mitchell appointed Glenn Johnson to head a committee to get various water front business people together who have the same complaints and set a meeting date and let the Council know when it is. (4)" Councilman Keiser requested that the Mayor set a date to appoint a new Parks and Recreation Commissioner. Mr. Little stated that as soon as the last date for filing applications has passed, they could select one. As of this date, • MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL June 22, 1971 only one application had been filed and one promised. D=2 City Attorney Mr. Madden had nothing to report at this time. D-3 City Administrator (1) Mr. Little presented an invitation from Dick Farris to the City Council to attend the ground breaking ceremonies at the new convelesent hospital on Thursday at 11:30 a.m. (2) Mr. Little presented the Expenditure Report for the period June 1, 1971 through June 15, 1971 for the con- sideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expen- diture Report. The motion was seconded by Mayor Mitchell and unanimously carried. (3) Mr. Little presented Appropriation Transfer No. 0-1-25 for the consideration of the Council. He explained that this was to transfer from Equipment Replacement Reserve to Budget for previously approved equipment replacement and that the appropriation was in the amount of $16,857.11. MOTION: Councilman Donohoo moved for the approval of Appropria- tion Transfer No. 0-1-25 in the amount of $16,857.11. The motion was seconded by Mayor Mitchell and unanimously carried. (4) Mr. Little presented Appropriation Transfer No. 0-1726 for the consideration of the Council. He explained that this was to transfer from Reserve to Budget for previously approved projects, ic:e., election charges, final payment of P.G. & E. Embarcadero lights, Embarcadero improvements, pier, sidewalk and gutters - Priority #1 and that it was in the amount of $28,558.87. MOTION: Councilman Donohoo moved that the transfer be authorized in the amount of $28,558.87. The motion was seconded by Mayor Mitchell and unanimously carried. CORRESPONDENCE 1. Letter from E. Lea Holeman, Officer in Charge, U. S. Post Office, inviting the City Council, department heads and City employees to a flag raising ceremony at 9:30 a.m, on July 1, 1971 to celebrate Postal Service Day. 2. Letter and resolution from the City of Woodlake re redistribution of sales tax revenues on the basis of population. 3. Letter from Senator Walter W. Stiern re Senate Bill 994, increase in motor vehicle license fees. 4. Letter and resolution from the City of Upland re redistribution of sales tax. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 22, 1971 Page Nine MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Walters and unani- mously carried. ADJOURNMENT MOTION: Councilman McConaghay moved that the The motion was seconded by Councilman mously carried. The meeting was adjourned at 10:22 p.m. RECORDED BY: M. J. LITTLE, City Clerk � ',rL &� By: Ardith Davis Deputy City Clerk meeting be adjourned. Donohoo and unani- s CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING June 8, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of adjourned regular meeting of May 2. Minutes of regular meeting of May 25, 1971 3. Minutes of executive meeting of May 25, 1971 4. Minutes of special meeting of June 1, 1971 5. Minutes of executive meeting of June 1, 1971 6. Minutes of adjourned regular meeting of June HEARINGS, APPEARANCES, AND REPORTS 22, 1971 2, 1971 A-1 Appearance of Cliff Hiatt regarding naming of new City Park A-2 Report of City Attorney on Den -bulk property exchange for Embarcadero Extension UNFINISHED BUSINESS B-1 Fiscal 1971-72 budget discussions (continued) B-2 Ordinance amending the Zoning Map of the City of Morro Bay (Lots 8, 9, 10, 11, 12, and 21, Block 2-D, Atascadero. Beach) B-3 Resolution approving Amendment to Lease with Frank and Naomi Brebes for Lease Site No. 18 NEW BUSINESS C-1 C-2 C-3 C-4 C-5 C-6 C-7 9W C-9 C-10 Request of Centennial Committee to use Morro Bay Gravity Grand Prix June 20, 1971 Request of Morro Bay Fisheries for authorization for repairs to pier in lieu of rent Suggestion of Gayle Borchard for harbor clean-up Proposed change in P.E.R.S. rates Request of Rae M. Crill for transfer of sublease Harms Resolution approving grant of Use Permit No. 115 Trailer Park and Campground, Inc. Resolution approving grant of Use Permit No. 120 Trailer Park and Campground, Inc. Boulevard for to expend funds - Ragsdale to to Morro Dunes to Morro Dunes Resolution approving grant of Waterfront Use Permit No. 114 to L. Virgil Moores for Lease Site No. 128 Resolution approving renewal of U. S. Coast Guard Lease No. DOT- CG12-3215 (building) Resolution approving renewal of'U. S. Coast Guard Lease No. DOT - CG12-3417 (dock) INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 8, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m, with the Pledge of Allegiance. Rev. Erickson gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters, and Mayor Mitchell ABSENT: None Mayor Mitchell announced the retirement of Dorothy Birkhead as Postmaster on May 31, 1971. He presented a plaque in recogni- tion of her thirty-one years in the postal service and five years as Morro Bay Postmaster. MINUTES The minutes of the adjourned regular meeting of May 22, 1971, the regular meeting of May 25, 1971, the executive meeting of May 25, 1971, the special meeting of June_1, 1971, the executive meet- ing of June 1, 1971, and the adjourned regular meeting of June 2, 1971 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman Keiser and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS A-1 Appearance of Cliff Hiatt regarding naming of new City Park Mr. Hiatt reported that the committee consisting of Joan Peterson, Bill Mehaf£ey, Richard Fisher,'StewikttJewe11 and Himself appointed to suggest a name for the new City _Park met and reviewed suggestions submitted by citizens. The committee unanimously re- commends that the new City Park be named "Lila H. Keiser Park" in recognition of Councilman Keiser's efforts in obtaining this land for the park and for her dedication to the establishment of a re- creation program for the City of Morro Bay. MOTION: Councilman McConaghay moved that staff be directed to prepare a resolution designating the park on P.G.& E. property as "Lila H. Keiser Park." The motion was seconded by Councilman Walters and carried with Council- man Keiser abstaining from voting. A=2 Report of City Attorney on Den -bulk property exchange for Embarcadero Extension Mr. Madden reported that the exchange deeds have been recorded and escrow closed. The City is now in a position to proceed with plans for the extension of the Embarcadero and the development of the lease side adjacent to the road extension,; _ 6 MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL June S, 1971 MOTION: Councilman Donohoo moved that staff be directed to proceed with the development of the Embarcadero Extension and the bridge to join the present Embarcadero with that portion of the Embarcadero north of Morro Creek. The motion was seconded by Councilman Keiser. Councilman McConaghay requested that a study be made of the feasibiltiy of using a concrete slab instead of the bridge over Morro Creek in order to reduce costs. Mr. Little explained the basic plans for the construction of the road and bridge. After discussion, staff was directed to request that the City Engineer submit his opinion on this alternative plan at the next Council meeting. The motion was unanimously carried by voice vote. UNFINISHED BUSINESS B-1 Fiscal 1971-72 budget discussions (continued) (a) Request of Chamber of Commerce for subsidy Mayor Mitchell reported that the Council committee con- sisting of Councilman Keiser and himself had met with Chamber Presi- dent Terry Hulsebus and Chamber Director Duke and discussed future Chamber activities. Mr. Duke indicated that his objective for the local Chamber is a self-sustaining program. In view of this fact, the committee recommends City allocation of $13,600 to the Chamber of Commerce for the 1971-72 fiscal year. This allocation would con- sist of four quarterly payments of $3,400 - th=last of which would not be payable until fiscal 1972-73 - and, the last quarterly pay- ment for 1970-71 of $5,000 which will be paid in this years budget. This allocation represents the salary for the Director and the sec- retary and the building rent for the next year. This.would require the additicn of $10,200 to the present proposed budget. Councilmen Donohoo and McConaghay indicated they would not support this recommendation. MOTION: Councilman Keiser moved that the City Council accept the recommendation of the committee for $15,200 and enter into an agreement in the amount of $13,600 for Chamber of Commerce for fiscal year 1971-72. The motion was second- ed by Mayor Mitchell. Roll call vote: AYES: Councilman Keiser and Mayor Mtichell NOES: Councilmen Donohoo, McConaghay and Walters Motion failed to pass. Councilman McConaghay noted his support of the $5,000 now in- cluded in the proposed budget. 11 MINUTES - MORRO.BAY CITY COUNCIL Regular Meeting June 8, 1971 Page Three MOTION: Councilman McConaghay moved that the amount of $5,000 in page 35 of the proposed budget, under account 19-22 be accepted. The motion was seconded by Counclman Walters. Chamber President Terry Hulsebus and Director Betty Sansome stated this allocation would not be acceptable to the Chamber. Councilman Keiser commented on the need for promotion of tourism in the City and expressed her feeling that the Chamber of Commerce is very important to the City. Mayor Mitchell expressed his regret for the loss of activities that would result from such a drastic cut -back of funds to the Chamber. He felt this action would be a serious mistake on the part of the Council. Councilman Walters expressed concern over the problem of de- clining revenue with increased expenditures. Roll call vote on motion: AYES: Councilmen Donohoo, McConaghay, and Walters NOES: Councilman Keiser and Mayor Mitchell Further lengthy discussion was held concerning the Chamber activities, and lack of unity within the Chamber. MOTION: Councilman Keiser moved that the City Council grant the Chamber of Commerce $13,600. The motion was seconded by Mayor Mitchell. Roll call vote: AYES: Councilmen Keiser, Walters, and Mayor Mitchell NOES: Councilmen Donohoo and McConaghay The motion was carried. RECESS: 8:36 p.m. RECONVENED: 8:50 p.m. f (b) Wastewater collection system and truzck line study Mr. Little requested that this items be re-inserted in the budget since information from this report must be available by Jan- uary 1, 1973. Report could not be completed in time if authoriza- tion to proceed is not given this fiscal year. MOTION: Councilman Donohoo moved that $4,000 be included in. the 1971-72 budget for this purpose. The motion was seconded by Councilman McConaghay and unanimously carried. (c) Change in retirement plan costs for miscellaneous employees Mr. Little requested that $4,298 be added to the proposed budget to cover the additonal costs to the City under the Grunsky Bill. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 8, 1971 Page Four MOTION: Mayor Mitchell moved that $4,298 be included in'the budget for this purpose. The motion was seconded by Councilman Donohoo and unanimously carried. (d) Additional Policewoman for Police Department Chief Holeman explained the department's need of this additional position. MOTION: Councilman McConaghay moved that an additional Policewoman be authorized in the Police Department. The motion was seconded by Councilman Donohoo. Roll call vote: AYES: Councilmen Donohoo, Keiser, McConaghay and Walters. NOES: Mayor Mitchell The motion was carried. Mayor Mitchell explained he felt a clerk could fill this position. (e) County Development Association request for subsidy Councilman Donohoo disqualified himself from discussion and voting on this matter because he is a member of the Board of the County Development Association. Larry Davis informed the Council that the County Development Association expects to receive support from all the incorporated cities within the County. He also reviewed the promotional activi- ties of the County Development Association. MOTION: Mayor Mitchell moved that the City Council make no appro- priation to the County Development Association this year. The motion was seconded by Councilman Keiser and carried by voice vote with Councilman Donohoo abstaining. Mayor Mitchell stated he felt the $3,500 now included in the proposed budget for partial codification of the Municipal Code could be 6deferred this year in order to decrease expenditures. MOTION: Councilman Keiser moved for the deletion of $3,500 for partial codification of the Municipal Code. The motion was seconded by Mayor Mitchell. Councilman Donohoo noted his feeling that this item should not be deferred at this time. The motion was carried with Councilman Donohoo and McConaghay voting "no". B-2 ORDINANCE NO. 90. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF MORRO BAY (LOTS 8, 9, 10, 11, 12, AND 21, BLOCK 2-D, ATASCADERO BEACH ) MOTION: Councilman Walters moved that Ordinance No. 90 be placed for first reading. The motion was seconded by Councilman MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL June 8, 1971 Donohoo and unanimously carried. Mr. Little read Ordinance No. 90 in its entirety. MOTION: Councilman Donohoo moved that this constitute the first reading of Ordinance No. 90. The motion was seconded by Councilman Walters and unanimously carried. B-3-- RESOLUTION NO. 40-71. RESOLUTION APPROVING AMENDMENT TO LEASE WITH FRANK AND NAOMI BREBES FOR LEASE SITE NO. 18 MOTION: Councilman Donohoo moved that Resolution No. 40-71 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Little read Resolution No. 40-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 40-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. Mr. Little requested consideration of sublease between Frank and Naomi Brebes and Wollenweber Oyster Company and J. Ralph Johnson. MOTION: Councilman Donohoo moved for the approval of the sublease agreement between Brebes and Wollenweber Oyster Company and J. Ralph Johnson. The motion was seconded by Mayor Mitchell and unanimously carried. NEW BUSINESS C-1 RESOLUTION NO. 41-71. RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO CHAMBER OF COMMERCE. Mr. Little read Resolution No. 41-71 in its entirety. MOTION: Councilman McConaghay moved for the adoption of Resolution No. 41-71. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. C-2 Request of Morro Bay Fisheries for authorization to expend funds for repairs to pier in lieu of rent Mr. Little explained that the Morro Bay Fisheries lease provides that tenants may, after approval of the City.Council, expend up to $3600 for repairs to the 'pier each year in lieu of a like amount which would be due as rental. Morro Bay Fisheries is requesting authorization to expend $3,432.80 for pier repairs and that this be deducted from rental for this calendar year. Staff recommends approval of this request. MOTION: Councilman Donohoo moved that the request of Morro Bay Fisheries be approved. The motion was seconded by Mayor Mitchell and unanimously carried. C-3 Suggestion of Gayle Borchard for harbor clean-up MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 8, 1971 Page Six Mayor Mitchell presented a letter from Gayle Borchard of Cayucos suggesting that a harbor clean -up -be held in Morro Bay similar to a program held near the Catalina Islands. After discussion, Council directed staff to contact Gayle Borchard for further information and report back to the Council. C-4 Proposed change in P.E.R.S. rates Mayor Mitchell explained that in the event SB249 passes, employer contribution rates for current service liabilities for miscellaneous members will increase July 1, 1971. The City has a choice of funding its prior service liabilities up to the year 2000. Mr. Little recommended funding to the year 2000. MOTION: :Councilman Donohoo moved that staff recommendation be approved. The motion was seconded by Mayor Mitchell and unanimously carried. C-5 Request of Rae M. Crill for transfer of sublease - Ragsdale to Harms MOTION: Councilman Donohoo moved for the approval of the sublease transfer from Ragsdale to Harms. The motion was seconded by Councilman McConaghay and unanimously carried. C-6 RESOLUTION NO. 42-71. RESOLUTION APPROVING GRANT OF USE PERMIT NO. 115 TO MORRO DUNES TRAILER PARK AND CAMPGROUND, INC. MOTION: Councilman Donohoo moved that Resolution No. 42-71 be read by title only. The motion was.seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 42-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 42-71. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. C-7 RESOLUTION NO. 43-71. RESOLUTION APPROVING GRANT OF USE PERMIT ✓ NOT. 120 TO MORRO DUNES TRAILER PARK AND CAMPGROUND, INC. MOTION: Councilman Donohoo moved that Resolution No. 43-71 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 43-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 43-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. C-8 RESOLUTION NO. 44-71. RESOLUTION APPROVING GRANT OF WATERFRONT USE PERMIT NO. 114 TO L. VIRGIL MOORES FOR LEASE SITE NO. 128 MOTION: Councilman Keiser moved that Resolution No. 44-71 be read 1] i n MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL June 8, 1971 by title only. The motion was seconded by Councilman Walters and unanimously carried. Mr. Little read Resolution by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 44-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. C-9 RESOLUTION NO. 45-71. RESOLUTION APPROVING RENEWALL OF U.S. COAST GUARD LEASE NO. DOT-CG12-3215 (building) MOTION: Councilman Donohoo moved that Resolution 45-71 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Resolution No. 45-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 45-71. The motion was seconded by Councilman Walters and unanimously carried by roll call vote. C-10 RESOLUTION NO. 46-71. RESOLUTION APPROVING RENEWAL OF U.S. COAST GUARD LEASE NO. DOT-CG12-3417 MOTION: Councilman Donohoo moved that Resolution No. 46-71 be read by title only. The motion was seconded by Councilman Walters and unanimously carried. Mr. Little read Resolution No. 46-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 46-71. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council (1) Councilman Keiser requested that staff schedule aac. meeting of the Solid Waste Disposal Committee. (2) Mayor Mitchell reported on results of the Calavaras County Frog Jumping Contest in which his entry "Morro Bay Centennial" placed 25th. (3) Mayor Mitchell informed the Council members that Supervisor Kidwell had contacted him and requested that a representa- tive to the Economic Opportunity Commission be appointed from this area. Mayor Mitchell asked that Council members inform him if they would be interested in serving on the Economic Opportunity Commission. (4) Mayor Mitchell informed the Council members that the State Parks and Recreation Commission will meet in the Recreation Hall on Friday, June 11 and the City will have the opportunity u MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL June 8, 1971 to present to the commission any matters of interest. Mr. Little informed the Council members of an invitation to attend a no -host dinner at the Golden Tee on Thursday with commission and staff members. (5) Mayor Mitchell reported that the committee met with staff and discussed the Morro Bay Yacht Club lease. Staff will now contact representatives of the Yacht Club and report to the Council. (6) Councilman Donohoo reported on the June 3rd meeting of ,the County and Cities Area Planning Coordinating Council. (7) Mayor Mitchell announced that he will proclaim June 12th as Dorothy Birkhead Day in Morro Bay. (8) Councilman McConaghay questioned the provision in the Business License Ordinance concerning license fees for employees when the business is run by members of a family. Lenghty dis- cussion was held and Council members agreed to hold a study session on the new ordinance after collection has begun and the City becomes aware of necessary changes to the Ordinance. D=2 City Attorney Mr. Madden had nothing to report at this time. D-3 City Administrator (1) Mr. Little informed the Council that he would schedule a meeting of the Solid Waste Disposal Committee for 4:00 p.m. Monday, June 14, 1971. (2) Mr. Little requested Council authorization to permit the Explorer Scout Post to use City property as a collection station for a paper drive. Council members approved the request. (3) Mr. Little presented the Expenditure Report for the period May 16 through May 31, 1971 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expendi- ture Report. The motion was seconded by Mayor Mitchell and unanimously carried. (4) Mr. Little presented the Financial Report for the period July 1, 1970 through May 31, 1971 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Report. The motion was seconded by Councilman McConaghay and unanimously carried. (5) Mr. Little presented a memorandum report on the condition of the City "T" pier in which the City Engineer outlined necessary repairs and stated that the pier was in a safe con- dition. J 11 MINUTES - MORRO.BAY CITY COUNCIL Regular Meeting June 8, 1971 Page Nine CORRESPONDENCE 1. Reply from Senator Tunney re City's support of revenue sharing program. 2. Letter from Chi Chi Chapter of Beta Sigma Phi Sorority supporting hiring of juvenile officer. MOTION: Councilman McConaghay moved that the correspondence be filed. The motion was seconded by Councilman Walters and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that meeting be adjourned to executive session. The motion was seconded by Councilman Walters and unanimously carried. The meeting was adjourned to executive session at 10:36 p.m. and reconvened at 11:00 p.m. MOTION: Mayor Mitchell moved that the meeting be adjourned,-. The motion was secondedcby Councilman Donohoo.and unanimously carried. The meeting was adjourned at 11:01 p.m. Recorded by: 0 MAvClerk C NOTICE OF ADJOURNED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an adjourned regular meeting on Wednesday, June 2, 1971 at 7:30 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider the following: 1. Request to fill pending vacant positions 2. 1971-72 fiscal year budget DATED: May 27, 1971 DALE C. MITCHEL ,Mayor City of Morro ay, California r MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting June 2, 1971 7:30 p.m. City Hall Conference Room The meeting was scheduled to convene at 7:30 p.m. There being no quorum present, the meeting was adjourned by the City Clerk at 7:55 p.m. Recorded by: Cif Clerk 0 L] NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Tuesday, June 1, 1971 at 7:30 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider the following: 1. Request to fill pending vacant positions 2. 1971-72 fiscal year budget DATED: May 28, 1971 , W4 L & DALE C. MIT fE L, Mayor City of Morro Bay, California L MINUTES - MORRO BAY CITY COUNCIL Special Meeting June 1, 1971 7:30 p.m. City Hall Conference Room The meeting was called to order at 7:30 P.M. by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters, and Mayor Mitchell ABSENT: None 1. Hiring of Juvenile Officer in Police Department Councilman McConaghay reported that Councilman Walters and he had met with representatives of the citizens' committee concerned with juvenile problems in the community. After discussion, committee members and Council representatives agreed that the position of juvenile officer should be delegated to the Police Department and given the classification of Investigator. Duties of the position would be restricted exclusively to juvenile cases except in extreme emergencies. It is also recommended that the position be filled by appointment from existing Police personnel. Chief Holeman would reserve the right to make the appointment; however, the committee would like to meet with the officer to discuss youth problems and possible solutions. Discussion was held concerning the salary for such a position. MOTION: Councilman Donohoo moved that the City Council authorize the filling of the position, with the salary scale for said position not to exceed the topsalary for patrolman. The motion was seconded by Councilman Keiser and unanimously carried. Councilman Keiser inquired concerning the necessity for pro- viding additional clerical help for the Police Department, especially since the Council has approved the hiring of an -additional Police Officer. Chier Holeman stated he strongly recommended the hiring of a Policewoman in order to free a patrolman for back-up during the night hours. MOTION: Councilman Keiser moved that the Council authorize the hiring of a Policewoman. The motion was seconded by Councilman McConaghay. Councilmen Donohoo, Walters, and Mayor Mitchell expressed their feeling that the Council should await the outcome of negotiations with employee organizations before taking any action of this nature. Councilman Keiser withdrew her motion and Councilman McConaghay withdrew his second to the motion. 2. Request for authorization to fill pending vacancies Mr. Little informed the Council that Mrs. Rose Simpson has tendered her resignation effective June 30, 1971. He requested E 0 MINUTES - MORRO Special Meeting Page Two BAY CITY COUNCIL June 1, 1971 authorization on behalf of the Director of Public Works to fill this position. MOTION: Mayor Mitchell moved that staff be authorized to fill this position. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little also informed the Council members that Carolyn Wentzell has submitted her resignation effective June 15, 1971. He requested authorization to fill a position at City Hall. MOTION: Councilman Donohoo moved that staff be authorized to fill this pending vacancy, with regret. The motion was seconded by Councilman McConaghay and unanimously carried. 3. Chamber of Commerce request for funds Councilman Keiser requested that the Council meet with the newly -appointed Chamber of Commerce Manager in order to discuss his plans for the Chamber. Mayor Mitchell suggested that a committee be appointed for this purpose. Lengthy discussion was held concerning the appropriations request from the Chamber, the necessity of City subsidization of Chamber activities, and other related matters. MOTION: Councilman Walters moved that the Mayor appoint a committee to meet with the Chamber of Commerce to discuss budget appropriations. The motion was seconded by Mayor Mitchell and unanimously carried. Mayor Mitchell appointed Councilman Keiser and himself to serve on this committee. RECESS: 8:48 p.m. RECONVENED: 8:57 p.m. 4. County Development Association request for funds Discussion was held concerning the County Development Association request for funds. Council membesr agreed to defer this matter also. 5. Request of Fire Chief for additional personnel Lengthy discussion was held relative to the Fire Chief's request for additional personnel and re-classification of certain personnel; the.duties, duty time, and salary range of the requested position of Fire Marshall. Mr. Little suggested the creation of an additional position of Captain, with duties of said position to be those of Fire Marshall. E MINUTES - MORRO Special Meeting Page Three BAY CITY COUNCIL June 1, 1971 MOTION: Mayor Mitchell moved that the City Council authorize the establishment of an additional position of Captain. The motion was seconded by Councilman Walters and carried with Councilman Donohoo voting "no." 6. t Replacement, Acquisition of Land and Buildi Mr. Little reviewed the proposed amounts for the above, and the estimated revenue and expenditures for fiscal year 1971-72. He requested Council approval. MOTION: Councilman McConaghay moved that the Equipment Replace- ment, Acquisition of Land and Buildings, and Plant Expansion be included in this fiscal year's budget in the amounts recommended by staff. The motion was seconded by Councilman Donohoo and unanimously carried. MOTION: Councilman Donohoo moved that the meeting be adjourned to executive session. The motion was seconded by Councilman Walters and unanimously carried. The meeting was adjourned to executive session at 9:55 p.m. and reconvened at 10:12 p.m. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting was adjourned at 10:12 p.m. Recorded by: M. J. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Tuesday, May 25, 1971 at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California and will consider a proposed amendment to the Official Zoning Map of the City of Morro Bay, State of California to rezone Lots 8, 9, 10, ll,:12, and 21, Block 2-D, Atascadero Beach Subdivision to R-2,S-9 with the S-9 to.:,be a combination of the S-7 and S-8 requirements, special treatment designation; at which said public hearing any person may appear and express his views for or against or in modification of said amendment. DATED: April 30, 1971 DALE C. MITCHELL, ADDENDA TO CITY COUNCIL AGENDA OF MAY 25, 1971 B-1 Resolution accepting the three phases of work for the Morro Bay Chorro Creek Well Rehabilitation and directing recordation of notices of completion B-2 Resolution regarding Den -bulk transaction Ll CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING May 25, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of regular meeting of May 11, 1971 2. Minutes of executive meeting of May 11, 1971 HEARINGS, APPEARANCES, AND REPORTS A-1 Public hearing on proposed amendment to Zoning Ordinance A-2 Appearance of representatives of County Development Association re budget requests A-3 Appearance of representatives of Chamber of Commerce re budget requests A-4 Appearance of Ray Gallo concerning Juvenile Control Police Officer UNFINISHED BUSINESS None C-1 Consideration of request of Frank and Naomi Brebes for change in percentage of gross rental on wholesale oyster processing C-2 Report on State Compensation Insurance Fund dividend C-3 Request for authorization to dispose of surplus property C-4 Application of Shirleen L. Jones to present late claim for damages C-5 Planning Commission resolution recommending amendments to Sign Ordinance INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT i MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 25, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Rev. George Woods of the Assembly of God Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters, and Mayor Mitchell ABSENT: None Mayor Mitchell presented Certificates of Appreciation to Eric Rice, James Stirling, and Robert Weaver for honors they brought to the citizens of the City of Morro Bay for their achievements in the Poly Royal Math Contest. MINUTES The minutes of the regular meeting of May 11; 1971 and the exec- utive meeting of the same date were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman Keiser and Unanimously carried. HEARINGS, APPEARANCES, AND REPORTS Mayor Mitchell asked that item A-4 be considered at this time. Council members agreed. A=4 Appearance of Ray Gallo concerning juvenile control police offi- cer Ray Gallo, representing a committee of local citizens who are concerned about the increasing use of drugs among the youth of the community, requested that the Council authorize the hiring of a juvenile officer with special qualifications in the field of delin- quency prevention who would work closely with the local schools. Mr. John Stetler, Delinquency Prevention Officer of the County of San Luis Obispo, explained his duties in this field; noting, however, that while he would be available as a consultant, he did not accept individual cases. Judge Schenk also urged the hiring of a juvenile officer in an effort to combat the increasing drug problems among local young people Council members expressed support of the request for a juvenile officer, but felt more study should be given to qualifications and duties of such an officer. MOTION: Councilman McConaghay moved that the Mayor appoint a comm- ittee to meet with the citizens committee to discuss the qualifications and duties of a juvenile officer for the MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL May 25, 1971' City of Morro Bay, and report back to the Council for in- clusion of this item in the 1971-72 budget. The motion was seconded by Councilman Keiser and unanimously carried. Mayor Mitchell appointed Councilmen McConaghay and Walters to serve on this committee. A=1 Public hearing on proposed amendment to Zoning Ordinance Mayor Mitchell reviewed the Planning Commission recommendation to rezone Lots 8, 9, 10, 11, 12, and 21 of Block 2-D, Atascadero Beach from R-1, S-1 to R-2. S-9, with the S-9 to be a combination of the S-7 and S-8 requirements, special treatment designation. The matter was declared open to public hearing at 8:12 p.m. Those speaking in favor of the proposed rezoning were Eldridge Jones and John Kleinhammer, owners of the property in question; Gideon Peirce; and Bill O'Brien. Speaking in opposition to the rezoning were: Frank Volpa, John Linhares, Don Curtis, Joseph Hill, Mrs. Barnes, and Mr. Sema. Mayor Mitchell declared the hearing closed at 8:59 p.m. Councilman McConaghay presented some seventeen signatures of citizens opposing this rezoning and stated he could not support this proposal because of the amount of opposition. Mayor Mitchell expressed his support of the Planning Commission recommendation. Councilmen Donohoo and Walters also expressed their support. Councilman Keiser stated she could not support this rezoning because of the opposition expressed by property owners. MOTION: Mayor Mitchell moved that the City Council support the recommendation of the Planning Commission and that staff be directed to prepare the necessary ordinance amending the Zoning Ordinance for the review of the Council. The motion was seconded by Councilman Donohoo. Roll call vote: AYES: Councilmen Donohoo, Walters, and Mayor Mitchell NOES: Councilmen Keiser and McConaghay The motion was carried. RECESS: 9:09 P.M. RECONVENED: 9:19 P.M. A=2 Appearance of representatives of County Development Association re budget requests Councilman Donohoo disqualified himself from discussion and voting because of his membership on the board of directors of the County Development Association. Mayor Barney Swartz of Paso Robles and Howard Newby, both repre- senting the County Development Association, reviewed the work of the • MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL May 25, 1971 association briefly and requested a contribution of $2500 from the City of Morro Bay. Council members expressed support of the request, but felt this matter should be deferred until the balance of the proposed budget has been studied. A-3 Appearance of representatives of Chamber of Commerce re budget requests Terry Hulsebus, president of the Morro Bay Chamber of Commerce, presented the Chamber's request for $29,160 from the City for fiscal year 1971-72. He reviewed income, expenditures, and activities of the Chamber, noting that some $10,000 will be returned to the City from the Centennial Committee of the Chamber. He also informed the Council that a full-time director has been hired and new office space secured for the coming year. Mayor Mitchell noted that if the City does not appropriate funds for the Chamber, the program will fold; however, he felt it should start becoming a self-sustaining organization. Councilman McConaghay stated he was not in favor of support for the Chamber of Commerce this year. He felt the support last year destroyed the Chamber's incentive. Councilman Donohoo requested that this matter be deferred until after consideration of the total budget. Councilman Keiser stated she could not approve a $29,000 appro- priation for the Chamber. Mayor Mitchell agreed. MOTION: Councilman Donohoo moved that the Council defer this, along with the request of the County Development Association, until the budget can be reviewed by the Council. The motion was seconded by Councilman Keiser and unanimously carried. Comments were heard from Mrs. Betty Sansome concerning the original intention of the City to use occupancy tax funds to promote tourism. UNFINISHED BUSINESS B-1 RESOLUTION NO. 38-71. RESOLUTION ACCEPTING THE THREE PHASES OF WORK FOR THE MORRO BAY CHORRO CREEK WELL REHABILITATION AND DI- RECTING RECORDATION OF NOTICES OF COMPLETION MOTION: Councilman Donohoo moved that Resolution No. 38-71 be read by title only. The motion was seconded by Councilman Mc- Conaghay and unanimously carried. Mr. Little read Resolution No. 38-71 by title only. MOTION: Councilman McConagahy moved for the adoption of Resolution No. 38-71. The motion was seconded by Councilman Donohoo and unanimously carried.by roll call vote. 0 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 25, 1971 Page Four B-2 RESOLUTION NO. 39-71. RESOLUTION REGARDING DEN DULK TRANSACTION Mr. Little read Resolution No..39-71 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 39-71. The motion was seconded by Councilman Walters. Roll call vote: AYES: Councilmen Donohoo, Keiser, Walters, and Mayor Mitchell NOES: Councilman McConaghay The motion was carried. NEW BUSINESS C-1 Consideration of request of Frank and Naomi Brebes for change in percentage of gross rental on wholesale oyster processing. Mr. Little presented the request of Mr. and Mrs. Brebes to change the percentage of the gross rental fee for the processing of oysters and other seafood from 5% to another more equitable figure. Staff has considered this request and recommends that the Council authorize negotiations with the Brebes for a more equitable percen- tage which would still give the City more income than the basic rental. MOTION: Mayor Mitchell moved that the Council approve the recommen- dation of the City Administrator and the City Attorney with respect to adding new guidelines to cover wholesale sea- food processing, and :,di'rect z-saaff ':to 3.prepdr.'e the r.-�[ a:� •_ tl_ necessary amendment to the existing lease accordingly. The motion was seconded by Councilman McConaghay and carried unanimously. C-2 Report on State Compensation Insurance Fund dividend Mayor Mitchell reported that the City has received a dividend of $9,559.37 - 54% of the yearly premium - because of the improved safety records of the City employees. An additional dividend of $732.17 has also been received for the year 1968. C-3 Request for authorization to dispose of surplus property Mayor Mitchell presented the request of staff for authorization to dispose of certain surplus material in order to effect a clean -up -- of City property and a parcel of P.G.& E. property. MOTION: Councilman Donohoo moved that staff be granted permission to dispose of surplus property as requested. The motion was seconded by Mayor Mitchell and unanimously carried. C-4 Application of Shirleen L. Jones to present late claim for damages. Mayor Mitchell presented the application, noting that claims filed against a municipality must be filed within 100 days; of the 1] MINUTES - MORRO Regular Meeting Page Five accident. BAY CITY COUNCIL May 25, 1971 Mr. Madden informed the Council that he has reviewed this claim and recommends that the application be denied. MOTION: Councilman Donohoo moved that the application of Shirleen L. Jones be denied. The motion was seconded by Mayor Mitchell and unanimously carried. C-5 Planning Commission resolution recommending amendments to Sign Ordinance Mayor Mitchell presented the Planning Commission resolution and directed staff to prepare the Sign Ordinance, incorporating these suggested amendments, for the review of the Council. INDIVIDUAL DETERMINATION AND/OR ACTION D_1 City Council (1) Councilman Keiser presented the Fourth Grade Weekly Reader showing a picture of the Embarcadero before and after the undergrounding of utilities. (2) Councilman Keiser commented on the regulation prohibiting burning and necessary amendments to the regulations. (3) Councilman Keiser requested that the Council take action to appoint a Parks and Recreation Commissioner to replace Mr. Domenghini. Mayor Mitchell instructed staff to follow the usual procedure to accomplish this. (4) Councilman Keiser asked who would be in charge of issuing invitations and providing for a master of ceremonies for the dedication of the new City park on P.G.& E. Property. Mayor Mitchell suggested that Mr. Hiatt be delegated to make these arrangements and the Mayor agreed to assist. (5) Mayor Mitchell informed the Council that the Harbor Ordin- ance Committee has reviewed the proposed ordinance in de- tail and it will be submitted to the Council shortly. (6) Mayor Mitchell informed the Council that the participants in the C.A.P. Project will be displaying their findings at the Veterns' Memorial building and invited everyone interested to attend. D_2 City Attorney Mr. Madden informed the Council that he has studied the "tide- lands lease rental discrimination" question which has been raised by leaseholders recently. He stated that this provision in the Tidelands Grant does not mean every use has to have the exact same rental; however, through further investigation, he determined that some yacht clubs are given use of tidelands lease sites for a very nominal consideration while others are charged the usual rental and are allowed credit for the v.. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 25, 1971 Page Six various services rendered to the City by the Yacht Club. He re- commended that one or two members of the Council be appointed to a committee to meet with staff who in turn would meet with repre- sentatives from the Yacht Club and present recommendations to the Council. Mayor Mitchell appointed himself and Councilman Donohoo to serve on this committee. D-3 City Administrator (1) Mr. Little presented the Expenditure Report for May 1 through May 15, 1971 for the consideration of the Council MOTION: Councilman Donohoo moved for the adoption of the Expen- diture Report, the motion was seconded by Councilman McConaghay and unanimously carried. (2) Mr. Little requested that! -the Council consider the matter of allowing campers at Morro Rock during the Memorial day Weekend. MOTION: Mayor Mitchell moved that approval be granted to allow cam- pers at Morro Rock during the Memorial Day Weekend when all other facilities are full. The motion was seconded by Councilman Donohoo and unanimously carried. (3) Announcement of meeting of Channel Counties Division of the League of California Cities in Port Hueneme on June 4. CORRESPONDENCE 1. Letters re proposed rezoning in Atascadero Beach area. 2. Complaint from Howard Demler concerning compulsory garbage service. 3. Correspondence from City of E1 Monte re sales tax revenue reform. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman McConaghay and un- animously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned to executive session to discuss salary negotiations. The mo- tion was seconded by Mayor Mitchell and unanimously carried. The meeting was adjourned at 10:50 p.m. and reconvened at 11:35 p.m. MOTION: Councilman Donohoo moved that the meeting be adjourned to 7:30 p.m. Wednesday, June 2, 1971 at City Hall. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting was adjourned at 11:35 p.m. RECORDED BY: M. J. LITTLE, City .Clerk By: Carolyn Wentzell Deputy City Clerk NOTICE OF ADJOURNED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an adjourned regular meeting on Saturday, May 22, 1971, at 8:00 a.m. in the Conference Room at City Hall, 595 Harbor Street, Morro Bay, California to consider the proposed 1971-72 budget. DATED: May 13, 1971 DALE C. MITCHELL, Mayor City of Morro Bay, California B 2 M LITTLE, City Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting May 22, 1971 8:00 a.m. City Hall Conference Room The meeting was called to order at 8:00 a.m. for the purpose of reviewing the proposed budget for 1971-72 fiscal year. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters, and Mayor Mitchell ABSENT: None 1. Police Department - Budget Account 2500 Mr. Little reviewed the requested and suggested budget for this department, noting that staff had not approved of the request for two additional personnel. He also stated that salary negotiations have not been completed with the recognized employee organizations, so a final decision can not be made concerning salaries. Chief Holeman explained the three areas in his department in which a deficiency in personnel exists: (1) Patrol division - No back-up for "graveyard" shift. (2) Processing of.reports - Department is five to seven days behind in preparing reports. (3) Investigation division - Insufficient time for preparing cases for court prosecution. Chief Holeman stated that without additional personnel, the Department will have to make a cut -back in.either the number of crime reports taken or the number of arrests made. Lengthy discussion was held relative to the need for a juvenile officer and the duties of the position. Judge Schenk and Ray Gallo were present and explained the need for such an officer and requested that the Council give serious consideration to the addition of a juvenile officer to the police force. MOTION: Councilman McConaghay moved that the Council authorize the hiring of an additional officer to serve as a juvenile officer. The motion was seconded by Councilman Walters. Roll call vote: AYES: Councilmen McConaghay and Walters NOES: Councilmen Donohoo, Keiser, and Mayor Mitchell Council members who voted "no" explained they wished to give this matter further consideration before taking action. Councilman Keiser stated she did not like the feeling of "being pressured" by the Police Department and she resented being pressured by any department. She further stated she wished to review the entire budget before deciding on this matter. Councilman Keiser also questioned the pay differential between Police Officers and Policewomen. �J MINUTES - Adjourned Page Two MOTION: MORRO BAY CITY COUNCIL Regular Meeting May 22, 1971 Councilman Keiser moved that the salary scale for Police Officer and Policewoman.be made equal. The motion died for the lack of a second. Council members requested that the City Attorney be asked to submit a legal opinion on this matter. MOTION: Councilman Donohoo moved that Budget Account 2500 be approved with the exception of personnel, subject to any changes which will be necessitated due to negotiations with employee organizations. The motion was seconded by Councilman Keiser and unanimously carried. 2. Planning and Building - Budget Account 3900 Mr. Little requested the addition of $200 to account 39.-25 to cover the cost of printing General Plan booklets for sale to the public. It was also noted that the amount of $150 budgeted for an additional file cabinet was not necessary, since an extra cabinet from the Finance Department has been moved to the Planning Department. MOTION: Councilman Donohoo moved that Budget Account 3900 be approved with the two requested changes, subject to any agreement by the Council to increase salaries. The motion was seconded by Councilman Walters and unanimously carried. RECESS: 10:30 a.m. RECONVENED: 10:35 a.m. 3. Fire Department - Budget Account 2600 Chief Rieger explained his request.for three additional personnel. Mr. Little explained that an.agreement has been reached through negotiations with the Morro Bay Fire Fighters for the promotion of two Firemen to the position of Fire Engineer, subject to Council approval. Lengthy discussion ensued. Councilman Donohoo roved that this request be deferred until after the Memorandum of Understanding with the Fire Fighters has been submitted to the Council. MOTION: Mayor Mitchell moved that this be deferred until after the Council has had an opportunity to integrate the Memorandum of Understanding with the personnel portion of the budget (page 81). The motion was seconded by Councilman McConaghay and unanimously carried. MOTION: Councilman Donohoo moved that Budget Account 2600 be approved, with the exception of personnel. The motion was seconded by Councilman Keiser and unanimously carried. MOTION: Councilman Donohoo moved that the meeting be adjourned to 1:30 p.m. The motion was seconded by Councilman Walters and unanimously carried. 0 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting May 22, 1971 Page Three The meeting was adjourned at 12:10 p.m. and reconvened at 1:30 p.m. 4. Recreation Department Budget Account 2300 MOTION: Councilman Donohoo moved that the suggested amount of $13,074 be approved. The motion was seconded by Councilman Keiser and unanimously carried. Recreation Director Barbara George explained her plans for an improved Recreation Program with a future full-time director. 5. General Government Buildings Budget Account 1800 Mr. Little recommended an increase of $325 in account 18-19 for the repainting of the exterior of City Hall. MOTION: Councilman McConaghay moved for the adoption of Account 1800 as amended, in the amount of $24,632. The motion was seconded by Councilman Donohoo and unanimously carried. 6. Engineering and Administration - Budget Account 3000 Discussion was held concerning the staff recommendation for the appointment of Douglas Stuart as Public Works Director. Councilman Keiser reiterated her feeling that this position should be held by a Registered Civil Engineer. Councilman McConaghay stated he was in favor of withholding the designation of Public Works Director at this time. MOTION: Councilman Donohoo moved that Douglas Stuart be designated Public Works Director. The motion was seconded by Mayor Mitchell and carried on the following roll call vote: AYES: Councilmen Donohoo, Walters, and Mayor Mitchell NOES: Councilmen Keiser and McConaghay MOTION: Councilman McConaghay moved for the adoption of Budget Account 3000 in the amount of $60,714. The motion was seconded by Councilman Donohoo and unanimously carried. 7. Parking Facilities - Budget Account 3100 MOTION: Councilman McConaghay moved for the adoption of Budget Account 3100 in the amount of $500. The motion was seconded by Councilman Donohoo and unanimously carried. 8. Storm Drains - Budget Account 3200 MOTION: Councilman Donohoo moved for the adoption of Budget Account 3200 in the amount of $1,000. The motion was seconded by Councilman Walters and unanimously carried. 9. Streets - Budget Account 3300 MOTION: Councilman Donohoo moved for the adoption of Budget Account 3300 in the amount of $199,212. The motion was seconded by Councilman .Wal•t'ers and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting May 22, 1971 Page Four RECESS: 2:50 p.m. RECONVENED: 2:57 p.m. 10. Sanitary - Budget Account '3400 Discussion was held concerning the suggested budget amount of $4000 in account 34-22 for the performance of a wastewater collection system and trunk line study by John Carollo Engineers. MOTION: Councilman McConaghay moved that the Council delete $4000 from account 34-22. The motion was seconded by Councilman Donohm and carried with Councilman Keiser voting "no." MOTION: Councilman McConaghay moved for the adoption of Budget Account 3400, as amended, in the amount of $48,493. The motion was seconded by Councilman Donohoo and unanimously carried. 11. Water - Budget Account 3600 MOTION: Councilman McConaghay moved for the adoption of Budget Account 3600 in the amount of $122,744. The motion was seconded by Councilman Donohoo and unanimously carried. 12. Harbor - Budget Account"3700 Mr. Little requested the addition of $100 to account 37-25 for California Marine Affairs and Navigation Conference membership dues. MOTION: Mayor Mitchell moved for the adoption of Budget Account 3700, as amended, in the amount of $40,142. The motion was seconded by Councilman Donohoo. Mr. Little also requested that an additional $2000 be added to account 37-32 to cover the cost of materials to build moorings for the harbor. Mayor Mitchell amended his motion to include the additional $2000, making the account total $42,142. The amendment was accepted by Councilman Donhoo and the motion was unanimously carried. 13. Parks and Playgrounds - Budget Account 3800 MOTION: Councilman Donohoo moved for the adoption of Budget Account 3800 in the amount of $31,597. The motion was seconded by Councilman Keiser and unanimously carried. 14. Street Lighting - Budget Account 4000 MOTION: Councilman Donohoo moved for the adoption of Budget Account 4000 in the amount of $29,000. The motion was seconded by Councilman Walters and unanimously carried. RECESS: 4:45 p.m. RECONVENED: 4:53 p.m. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting May 22, 1971 Page Five 15. City Council -.Budget Account 1000 Mr. Little suggested the establishment of a contingency fund in the amount of $5000 for any emergency which might arise during the year. Council members agreed to consider this after reviewing the entire budget. MOTION: Councilman Donohoo moved for the adoption of Budget Account 1000 in the amount of $10,216. The motion was seconded by Councilman Keiser and unanimously carried. 16. City Administrator - Budget Account'1100 MOTION: Councilman McConaghay moved for the adoption of Budget Account 1100 in the amount of $41,509. The motion was seconded by Councilman Donohoo and unanimously carried. 17. Legal - Budget Account 1400 MOTION: Councilman Donohoo moved for the adoption of Budget Account 1400 in the amount of $12,200. The motion was seconded by Councilman McConaghay.and unanimously carried. 18. Finance -.Budget Account 1500 MOTION: Councilman Donohoo moved for the adoption of Budget Account 1500 in the.amount of $33,953. The motion was seconded by Councilman Keiser and unanimously carried. 19. Planning Commission - Budget Account 1600 MOTION: Mayor Mitchell moved for the adoption of Budget Account 1600 in the amount of $1,650. The motion was seconded by Councilman Keiser and unanimously carried. 20. Elections - Budget Account 2000 MOTION: Councilman McConaghay moved for the adoption of Budget Account 2000 in the amount of $2000. The motion was seconded by Councilman Walters and unanimously carried. 21. General Services - Budget Account 2200 MOTION: Councilman McConaghay moved for the adoption of Budget Account 2200 in the amount of $49,500. The motion was seconded by Councilman Donohoo and unanimously carried. 22. Animal Regulations-.Budget.Account 2700 After discussion, it was decided to reduce the amount in account 27-22 to $4,810. MOTION: Councilman McConaghay moved for the adoption of Budget Account 2700 in the amount of $5010. The motion was seconded by Councilman Keiser and unanimously carried. 0 41 MINUTES - Adjourned Page Six 23. MOTION: 24. MOTION: MOTION: MORRO BAY.CITY COUNCIL Regular Meeting May 22, 1971 Civil Defense. - Budget Account 2800 Councilman Donohoo moved for the adoption of Budget Account 2800 in the amount of $100. The motion was seconded by Councilman Walters and unanimously carried. School Crossing Guard Budget Account 2900 Councilman McConaghay moved for the adoption of Budget Account 2900 in the amount of $1237. The motion was seconded by Councilman Keiser and unanimously carried. Councilman Walters moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting was adjourned at 5:35 p.m. Recorded by: M. J. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk • CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING May 11, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of regular meeting of April 27, 1971 UNFINISHED BUSINESS B-1 Resolution declaring the results of the referendum election held on April 20, 1971 B-2 Improvement District No. 6 B-3 Ordinance No. 89 - "Business Licenses" (second reading) B-4 Review of bids - S. S. Project No. 48 - Drainage facilities, Main Street at San Joaquin and Nevis B-5 Resolution adopting a revised budget calendar, 1971-72 fiscal year B-6 Resolution approving assignment of lease from Martel deHaven (Maltby) to Mrs. Violet Parkhurst B-7 Resolution petitioning the Congress of the United States to pass a general revenue sharing bill for the benefit of State and local governments NEW BUSINESS C-1 Presentation of check from Margaret Barberick for park construction fund C-2 Request of Doug Stuart to fill pending vacancy in Sanitary Division INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT Adjourn to May 22 at 8:00 a.m. in City Hall Conference Room for budget discussion MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 11, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Rev. David Ivie of the Gospel Lighthouse gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters, and Mayor Mitchell ABSENT: None MINUTES The minutes of the regular meeting of April 27, 1971 were considered by the Council. MOTION: Councilman Keiser moved that the minutes be approved as written. The motion was seconded by Councilman Walters and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS None UNFINISHED BUSINESS B-1 RESOLUTION NO. 32-71. RESOLUTION DECLARING THE RESULTS OF THE REFERENDUM ELECTION HELD ON APRIL 20, 1971 MOTION: Councilman Donohoo moved that Resolution No. 32-71 be read by title only. The motion was seconded by Council- man Keiser. After discussion, Councilman Donohoo withdrew his motion and Councilman Keiser withdrew her second. MOTION: Councilman Donohoo moved that Resolution No. 32-71 be read in its entirety. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Resolution No. 32-71 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 32-71. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote.' B-2 Improvement District No. 6 Sam Taylor, City Engineer, displayed a map delineating the area to be improved and explained the work to be done and the methods used to spread the assessment dosts. MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL May 11, 1971 Mr. Edwin Ness of the law firm of Sturgis, Den-Dulk, Douglass, and Anderson, bond counsel for the project, reviewed the following action to be taken by the Council: 1. Filing of the Boundary Map. 2. Adoption of resolution approving Boundary Map. 3. Filing of Report under "Special Assessment Investigation, Limitation, and Majority Protest Act of 1931. 4. Adoption of resolution.approving Report and setting date for hearing. 5. Filing of Notice of Hearing. Mr. Ness also explained that a second hearing will be held if the Council receives insufficient protest to cancel the project at the June 22nd hearing. Prior to this second hearing, property owners will be notified of the estimated assessment for their property and will again have the opportunity of voicing protest to the proposed improvements. RESOLUTION NO. 33-71. RESOLUTION APPROVING BOUNDARY MAP, IMPROVEMENT DISTRICT NO. 6 MOTION: Councilman Donohoo moved that Resolution No. 33-71 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Little read Resolution No. 33-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 33-71. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. RESOLUTION NO. 34-71. RESOLUTION APPROVING REPORT AND FIXING TIME AND PLACE OF HEARING THEREON, IMPROVEMENT DISTRICT NO. 6, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA MOTION: Councilman Donohoo moved that Resolution No. 34-71 be readiby title only. The motion was seconded by Council- man Keiser and unanimously carried. Mr. Little read Resolution No. 34-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 34-71. The motion wcs,; seconded by Councilman Keiser and unanimously carried by roll call vote. B-3 ORDINANCE NO. 89. AN ORDINANCE REPEALING CHAPTERS I, II, III, AND IV OF TITLE VI OF THE MORRO BAY MUNICIPAL CODE AND CREATING NEW CHAPTERS I, II, AND III OF TITLE VI OF THE MORRO BAY MUNICIPAL CODE ENTITLED "BUSINESS LICENSES" (second reading) Mayor Mitchell reviewed the amendments made to Section 6209. MOTION: Councilman Donohoo moved that Ordinance No. 89 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL May 11, 1971 Mr. Little read Ordinance No. 89 by title only. MOTION: Mayor Mitchell moved that this constitute the second reading of Ordinance No. 89 and its adoption. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. B-4 Review of bids - S. S. Project No. 48 - Drainage facilities, Main Street at San Joaquin and Nevis Mayor Mitchell presented the summary sheet of bids received, noting that the low bid in the amount of $5,425.80 was submitted by Conco Construction of 3045 Johnson Avenue, San Luis Obispo. MOTION: Councilman Donohoo moved that the contract for S. S. Project No. 48 be awarded to Conco Construction in the amount of $5,425.80. The motion was seconded by Mayor Mitchell and unanimously carried. B-5 RESOLUTION NO. 35-71. RESOLUTION ADOPTING A REVISED BUDGET CALENDAR FOR 1971-72 FISCAL YEAR MOTION: Councilman Donohoo moved that Resolution No. 35-71 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 35-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 35-71. The motion was seconded by Councilman'. Walters and unanimously carried by roll call vote. B-6 RESOLUTION NO. 36-71. RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM MARTEL DEHAVEN (MALTBY) TO MRS. VIOLET PARKHURST MOTION: Councilman Keiser moved that Resolution No. 36-71 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution No. 36-71 by title only. MOTION: Councilman Keiser moved for the adoption of Resolution No. 36-71. The motion was seconded by Councilman Walters and unanimously carried by roll call vote. B-7 RESOLUTION NO. 37-71. RESOLUTION.. PETIT.LONING_THE CONGRESS OF THE UNITED STATES TO PASS A GENERAL REVENUE SHARING BILL FOR THE BENEFIT OF STATE AND LOCAL GOVERNMENTS MOTION: Councilman Donohoo moved that Resolution No. 37-71 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Little read Resolution No. 37-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 37-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. MINUTES - MORRO Regular Meeting Page Four NEW BUSINES BAY CITY COUNCIL May 11, 1971 C-1 Presentation of check from Margaret Barberick for park construction fund Mayor Mitchell presented a check from Mrs. Margaret Barberick in the amount of $1300 from proceeds of a benefit dinner. Mayor Mitchell expressed his appreciation and that of the Council to Mrs. Barberick and the many citizens who contributed to this fund-raising project. Mayor Mitchell also presented a check in the amount of $100 from the Estero Bay Council of Church Women United for playground equipment for the new park. C-2 Request of Doug Stuart to fill pending vacancy in Sanitary Division Mayor Mitchell presented the request of the Acting Public Works Director to fill the position which will be vacant June 1, 1971 because of the resignation of Myron Smith. MOTION: Councilman Donohoo moved that this position be authorized to be filled. The motion was seconded by Councilman Walters and unanimously carried. Mr. Little also presented a request from Chief of Police Holeman to fill a pending vacancy in the Police Department which will be created by the resignation of Sergeant Robert Blades, effective July 1, 1971. MOTION: Councilman Walters moved that this vacancy be filled. The motion was seconded by Councilman Keiser and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council (1) Councilman Keiser inquired concerning the enforcement procedures to be used by the City after the effective date of Ordinance No. 87. Chief of Police Holeman explained that violaters will be cited by the Police Department. (2) Councilman Keiser announced the retirement of Morro Bay Postmistress Dorothy Birkhead and suggested that a plaque be presented by the Mayor at the retirement party on June 12. Council members agreed. (3) Councilman Donohoo reported that Senate Bill 994 providing for an automobile in -lieu tax rate increase is now pending in the Legislature and would benefit the City of Morro Bay by approximately $20,000, if adopted. He urged opposition to Senate Bill 624 providing for local business regulations and requiring that all cities employ a registered civil engineer as building inspector. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 11, 1971 Page Five MOTION: Councilman Donohoo moved that as opposing Senate Bill 624. by Councilman McConaghay and the Council go on record The motion was seconded unanimously carried. MOTION: Councilman Keiser moved that staff be directed to inform Senator Stiern of the City's support of SB994. The motion was seconded by Mayor.Mitchell and unanimously carried. (4) Councilman Donohoo reported that SB333 has been re -assigned to committee. (5) Mayor Mitchell asked concerning the property proposed to be used as a mini -bike trail. Mr. Little reported that contact has been made with P.G.& E. concerning the use of this property. (6) Mayor Mitchell reported on the special meeting of the Channel Counties Division of the League of California Cities concerning the matter of shoreline planning control by the State. The City will be adivsed shortly concerning League support of this measure. (7) Councilman McConaghay inquired concerning the matter of "tidelands lease rental discrimination" questioned by several leaseholders. Mr. Madden informed the Council that he would submit a legal opinion on this subject at the next regular meeting. D=2 City Attorney Mr. Madden reported that a motion has been filed in Superior Court to require a substantial cost bond to be posted by the plaintiff in the Pipkin litigation. D-3 City Administrator (1) Mr. Little presented the Expenditure Report for the period April 16 through April 30, 1971 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure= Report. The motion was seconded by Councilman McConaghay and unanimously carried. (2) Mr. Little presented the Financial Report for the period July 1, 1970 through April 30, 1971 for the consideration of the Council. MOTION: Councilman Donohoo moved for the adoption of the Financial Report. The motion was seconded by Mayor Mitchell and unanimously carried. CORRESPONDENCE 1. Letter sent to City Council addressed to Mrs. Mabel Barnes opposing the proposed rezoning in Atascadero Beach. 9 0 MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL May 11, 1971 2. Reply from Division of Highways concerning.the intersection of Highway 41 and Main Street. 3. Reply from Olin E. Teague, Chairman, Committee on Veterans' Affairs re Resolution 25-71 supporting establishment of National Cemetery at Vandenberg Air Force Base. 4. Reply from Assemblyman MacGillivray re City's opposition to SB333. 5. Reply from Senator Grunsky re SB333. MOTION: Councilman Donohoo moved that correspondence be filed. The motion was seconded by Councilman Walters and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned to executive session for the purpose of discussing salary negotiations. The motion was seconded by Councilman Keiser and unanimously carried. The meeting was adjourned to executive session at 8:41 p.m. and reconvened in regular session at 9:36 p.m. MOTION: Councilman Donohoo moved.that the meeting be adjourned to 8:00 a.m. Saturday, May 22, 1971 in the City Hall Conference Room. The motion was seconded by Mayor Mitchell and unanimously carried. RECORDED BY: M. J. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk rl 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING April 27, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of regular meeting of April 13, 1971 HEARINGS, APPEARANCES, AND REPORTS A-1 Report on referendum election A-2 Report of Planning Commission on City Council request to review recommendations on re -zoning in Atascadero Beach area A-3 Report of Doug Stuart on condition of water tank at Elena Street A-4 Report of Solid Waste Disposal Committee on feasibility of mandatory garbage service for the City of Morro Bay UNFINISHED BUSINESS B-1 Resolution requesting the State of California, Department of Finance, Office of Population Research to prepare a population estimate for the City of Morro Bay for fiscal year 1971-72 B-2 Proposed Business License Ordinance (first reading) B-3 Review of Senate Bill 333 B-4 Resolution approving Parcel Map No. MB-71-52 B-5 Resolution approving assignment of lease from Antone Sylvester and Joseph R. Sylvester dba Sylvester Bros. to Antone Sylvester Tug Service, Inc. NEW BUSINESS C-1 1971-72 Budget - setting of dates for review C-2 Request of Garing, Taylor & Associates for increase in engineering fees C-3 Resolution approving grant of Use Permit Agreement No. 113 to Cub Scouts for Cubmobile Races C-4 Request of Mrs. deHaven (Maltby) for assignment of lease on Lease Sites 68 and 68W INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 27, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Rev. Stark of the Calvary Luthern Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters, and Mayor Mitchell ABSENT: None Councilman Keiser announced that second place in the Poly Royal Mathematics Contest had been won by Morro Bay students Eric Rice, James Sterling, and Bob Weaver: Eric as an individual and the three boys as a team. MOTION: Councilman Keiser moved that the City Council recognize these boys and that staff prepare a suitable plaque to be given to the three boys and something to be hung in the high school. The motion was seconded by Councilman McConaghay and unanimously carried. Mayor Mitchell introduced members of the Explorer Scout Post who have been studying first aid and rescue techniques under the leadership of Bill Mehaffey and Stanley Thomas, members of the local Fire Department. He presented the boys with First Aid Certificates and congratulated them on their work. Those receiving certificates were: Wes Oakes, Gene Schellenger, Ernie Gaoiran, Dean Hileman, Dan Johnson, Fred Tomilson, Martin Fitz, and Dan Ross. MINUTES The minutes of the regular meeting of April 13, 1971 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman McConaghay and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS A-1 Report on referendum election Mayor Mitchell informed the members of the Council that official certification of the election results has not been received from the County Clerk. The ordinance will not become effective until ten days from the date the Council certifies the election results. Mayor Mitchell read a letter from Mr. Richard R. Clarke offering congratulations on the Council's "victory at the polls" and asking that the Council provide a place for dune buggies, four-wheel drives, motor bikes, and mini -bikes to enjoy their sport. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 27, 1971 Page Two A-2 Report of Planning Commission on City Council request to review recommendations on re -zoning in Atascadero Beach area Mayor Mitchell explained that this matter had been heard by the Council at an .earlier date and referred back to the Planning Commissi=owith the request that it be studied and recommendations be made as to other alternatives, including the possibility of leaving the area zoned R-1 with -smaller lot size restrictions. He presented the report of the Planning Commission in which the Commission upheld their previous.recommendations and explained in detail their findings. Discussion was held concerning the necessity or the advisability of holding another public hearing. Don Curtis, a resident of the area in which the property pro- posed for re -zoning is located, requested that the Council members listen to the tape of the last Planning Commission meeting when this matter was discussed. Discussion was held concerning the legality of "spot zoning." MOTION: Councilman McConaghay moved that a public hearing be set for May 25, 1971. The motion was seconded by Councilman Keiser and unanimously carried. Mayor Mitchell noted that the Planning Commission had not actually replied to the question presented by the Council. A-3 Report of Doug Stuart on condition of water tank at Elena Street Mayor Mitchell presented the report of D. M. Stuart, Acting Director of Public Works concerning the condition of the Elena Street water storage tank. The report noted that leakage has been discovered; however, the exact condition of the tank will not be known until after sandblasting has been done. It is known that the floor of the tank is in poor condition. Several solutions are possible: (1) Sandblast the interior of the tank, coat the walls and floor with a product such.as "Coal Tar Enamel," at a cost of approximately $2,000. (2) Replace and coat the floor of the tank. (3) Fiberglass the floor of the tank, which would be more expensive than coating it, but.would provide a more rugged surface. (4) Replace.i_; the tank at a cost of approximately $12,000. Mr. Stuart noted that this particular tank is not included in the City Master Water Plan, and for this reason, it is not advisable to replace the tank. Discussion was held among Council members and staff concerning the best approach to this situation. MOTION: Councilman Donohoo moved that staff be authorized to proceed with the repair of this tank in the manner felt best. The motion was seconded by Councilman Walters:and unanimously carried. 0 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL April 27, 1971 A-4 Report of Solid Waste Disposal Committee on feasibility of mandatory garbage service for the City of Morro Bay Mayor Mitchell presented the report of the committee which included the following recommendations: (1) That the City Council go on record as favoring a mandatory garbage ordinance for the City with charges for residential service to be collected by the City as a part of the water billing. (2) That the Council direct the committee and staff to study the various collection and price structure alternatives and to prepare the necessary ordinance for the review of the Council. MOTION: Mayor Mitchell moved that the City Council adopt the recommendations of the Solid Waste Disposal Committee. The motion was seconded by Councilman Donohoo and unanimously carried. UNFINISHED BUSINESS B-1 RESOLUTION NO. 28-71. RESOLUTION REQUESTING THE STATE OF CALIFORNIA, DEPARTMENT OF FINANCE, OFFICE OF POPULATION RESEARCH TO PREPARE A POPULATION ESTIMATE FOR THE CITY OF MORRO BAY FOR FISCAL YEAR 1971-72 MOTION: Councilman Donohoo moved that Resolution No. 28-71 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 28-71 by title only. MOTION: Councilman Donohoo moved for. the adoption of Resolution No. 28-71. The motion was seconded by Councilman Walters and unanimously carried by roll call vote. B-2 ORDINANCE NO. 89. AN ORDINANCE REPEALING CHAPTERS I, II, III, AND IV OF TITLE VI OF THE MORRO BAY MUNICIPAL CODE AND CREATING NEW CHAPTERS I, II, AND III OF TITLE VI OF THE MORRO BAY MUNICIPAL CODE ENTITLED "BUSINESS LICENSES" Ordinance No. 89 was read in its entirety. MOTION: Councilman Donohoo moved that this constitute the first reading of Ordinance No. 89. The motion was seconded by Councilman Keiser. After discussion the following amendments were made to Section 6209 "Coin Operated Machines.' (1) Insert after the words "coin -operated machine" in the first paragraph the words "except those machines used for laundry and dry cleaning purposes." 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 27, 1971 Page Four (2) Insert the words "and service" in subsections (b) and (c) between the words "Merchandise" and "machine." Councilman Donohoo amended his motion to include that this constitute the first reading of Ordinance No. 89 as amended. The amendment to the motion was accepted by Councilman Keiser and the motion was unanimously carried by roll call vote. RECESS: 9:24 p.m. RECONVENED: 9:34 p.m. B-3 Review of Senate Bill 333 Mayor Mitchell stated he had reviewed this bill since the last meeting and now feels the bill is objectionable since, if enacted, cities would have removed from their elected officers the right to determine what wage payments are made. In addition, it would create a tendancy on the part of employees as well as employers to make unacceptable proposals in wage negotiations. MOTION: Councilman Donohoo moved that the City Council go on record as opposing Senate Bill 333 and representatives in the Senate and Assembly be advised by letter of this opposition and that the Chairman and members of the committee now reviewing the bill be so advised by wire. The motion was seconded by Councilman McConaghay. Bill Mehaffey spoke in favor of the bill on behalf of the International Association of Fire Fighters. The motion was unanimously carried by voice vote. B-4 RESOLUTION NO. 29-71. RESOLUTION APPROVING PARCEL MAP NO. MB-71-52 Staff displayed the parcel map delineating the area involved in the property exchange for the re -alignment of the Embarcadero. MOTION: Councilman Donohoo moved that Resolution No. 29-71 be read by title only. The motion was seconded by Councilman Walters and unanimously carried. Mr. Little read Resolution No. 29-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 29-71. The motion was seconded by Councilman Walters and unanimously carried by roll call vote. Councilman McConaghay indicated he voted "yes" on the adoption of the resolution but was opposed to the property transfer. B-5 RESOLUTION NO. 30-71. RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM ANTONE SYLVESTER AND JOSEPH R. SYLVESTER DBA SYLVESTER BROS. TO ANTONE SYLVESTER TUG SERVICE, INC. E 11 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 27, 1971 Page Five MOTION: Councilman Donohoo moved that Resolution No. 30-71 be read by title only. The motion was seconded by Council- man McConaghay and unanimously carried. Mr. Little read Resolution No. 30-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 30-71. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. NEW BUSINESS C-1 1971-72 budget - setting of dates for review After lengthy disucssion, Council members agreed to hold a budget session in the City Hall Conference Room on Saturday, May 22, 1971 and agreed to adjourn the meeting of May 11 to this date for the purpose of discussing the 1971-72 budget. C-2 Request of Garing, Taylor & Associates for increase in engineering fees Council members agreed to consider this request during budget session. C-3 RESOLUTION NO. 31-71. RESOLUTION GRANTING USE PERMIT AGREEMENT NO. 113 TO THE MORRO BAY CUB SCOUTS MOTION: Councilman Keiser moved that Resolution No. 31-71 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 31-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 31-71. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. C-4 Request of Mrs. deHaven (Maltby) for assignment of lease on Lease Sites 68 and 68W MOTION: Councilman Walters moved that staff be directed to prepare the necessary documents and resolution to effect this assignment. The motion was seconded by Councilman Donohoo and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council Council members had no further City business to discuss. D=2 City Attorney Mr. LeSage had nothing to present at this time. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL April 27, 1971 D-3 City Administrator (1) Mr. Little presented the announcement of the Channel Counties Division of the League of California Cities meeting to be held in Santa Barbara on April 30. MOTION: Councilman Donohoo moved that the Mayor be authorized to attend this meeting. The motion was seconded by Councilman Walters and unanimously carried. (2) Mr. Little referred to a memorandum from Councilman Donohoo concerning various legislation affecting cities. (3) Mr. Little presented the announcement of the Mayors' and Councilmen's Legislative Institute to be held in Sacramento May 10-12. None of the Council members indicated they planned to attend this conference. (4) Mr. Little presented the Expenditure Report for the period April 1 through April 15.for the consideration of the Council. MOTION: Councilman Donohoo moved that the Expenditure Report be approved. The motion was seconded by Councilman McConaghay and unanimously carried. (5) Mr. Little presented the Financial Report for the period July 1, 1970 through March 30, 1971 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Report. The motion was seconded by Councilman Keiser and unanimously carried. CORRESPONDENCE 1. Notice from Associated California Employees requesting support of Senate Bills providing for salary increases for State civil service and State College employees. 2. Request of Morro Bay Highway Safety Committee for support of recommendations.concerning the installation of stop signs and other safety measures at the intersection.of Highway 41 and Main Street. MOTION: Councilman McConaghay moved that the Council support the request of the Highway Safety Committee and so advise the Division of Highways. The motion was seconded by Councilman Keiser and unanimously carried. 3. Request of Highway Safety Committee that the Council investigate the possibilities of securing facilities for motor bike and mini -bike enthusiasts. Mr. Little reported'that he had requested the Parks and Recreation Commission to give consideration to the use of a parcel of property owned by P.G.& E. and the City for this type of use. MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL April 27, 1971 4. Request from Californians for Revenue Sharing for support of revenue -sharing legislation. MOTION: Councilman Donohoo moved that staff be directed to prepare the necessary resolution for consideration at the next Council meeting. The motion was seconded by Mayor Mitchell and unanimously carried. 5.. Letter from Kiwanis Club of Morro Bay -Estero thanking City for cooperation in assisting with annual Easter Sunrise Service. 6. Copy of letter from California Regional Water Quality Control Board to Golden Tee Motel re sewage discharge. 7. Letter from Gayle Borchard supporting safety proposal of Dean Hileman. 8. Copy of letter from Allan P. Murphy to the City Attorney re rental discrimination on waterfront lease sites. 9. Letter from Mrs. Dora McGurn concerning Tidelands Grant provision re discrimination in rental on waterfront. MOTION: Councilman McConaghay moved that the correspondence be filed. The motion was seconded by Councilman Walters and unanimously carried. ADJOURNMENT MOTION: Councilman McConaghay moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting was adjourned at 10:28 p.m. Recorded by: M. J. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING April 13, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of March 23, 1971 2. Adjourned regular meeting of April 1, 1971 3. Executive meeting of April 1, 1971 HEARINGS, APPEARANCES, AND REPORTS A-1 Appearance of Chester Zinn regarding sidewalk construction in front of Park Grocery and Liquor A-2 Appearance of Dean Hileman concerning Morro Rock and safety A-3 Report on Bay Pines Trailer Park A-4 Report on operating costs, revenue, and use of Veterans Memorial Building UNFINISHED BUSINESS B-1 Request of Morro Bay Yacht Club for additional lease sites and reduction in rental (deferred from March 23, 1971) B-2 Resolution supporting the establishment of a national cemgter_-y,. at Vandenberg Air Force Base, California B-3 Resolution approving Amendment to Lease with Mike and Katherine St. John for Lease Sites No. 100, 101, 10OW, and 101W NEW BUSINESS C-1 Resolution approving grant of Use Permit No. 122 to Morro Bay Chamber of Commerce C-2 Planning Task Force for developing general plan for Morro Bay INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 13, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Councilman McConaghay gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, McConaghay, Walters, and Mayor Mitchell. ABSENT: Councilman Keiser Mr. Madden introduced Mike Le Sage, a new associate with his firm. Mayor Mitchell welcomed members of Mrs. Anita Sands' fourth grade class who were in attendance and noted that the class had raised funds to purchase six pine trees for the new City Park. The planting ceremonies will be held at 9:00 a.m. on Friday, April 16. The minutes of the regular meeting of March 23, 1971, the adjourned regular meeting of April 1, 1971, and the executive meeting of April 1, 1971 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman Walters and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS A-1 Appearance of Chester Zinn regarding sidewalk construction in front of Park Grocery and Liquor Mayor Mitchell informed the Council members that Mr. Zinn had withdrawn his request for an appearance after discussion of the improvement program with the City Engineer. A-2 Appearance of Dean Hileman concerning Morro Rock and safety Mr. Hileman commented on the accidents occurring on the Rock and on the adjacent breakwater and requested Council support of the following: (1) The installation of an additional sign at Morro Rock listing the approximate number of fatalities, injuries, and rescues per year; and (2) The installation of warning signs at the entrance to the breakwater, between the breakwater and the Rock, and on the south west side of the Rock. MOTION: Councilman Donohoo moved that the City Administrator be directed to work with Mr. Hileman in preparing the necessary recommendations to the State Park and the Corps of Engineers. The motion was seconded by Councilman Walters and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 13, 1971 Page Two A-3 Report on Bay Pines Trailer Park Mayor Mitchell stated the Council had requested a status report on the landscaping program at Bay Pines Trailer Park. Planning and Building Superintendent William Thomas has reported that the one year period set by the Planning Commission for the completion of landscaping will expire August 11, 1971. The program is being accomplished, but very slowly. No action was taken by the Council. A-4 Report on operating costs, revenue, and use of Veterans Memorial Building Mayor Mitchell presented the information submitted by Super- visor Kidwell at the request of the Council. Mr. Kidwell reported a loss of between $7000 and $8000 each year in the maintenance and operation of the Veterans Memorial Building over the past several years. The estimated value of the building and the land is $128,500. The building does have certain commitments for use by Veterans organizations; but is notheavily utilized by these organizations. Council members agreed that the acquisition of this building by the City would not be economically feasible. MOTION: Councilman Donohoo moved that the City Administrator be authorized to write the Board of Supervisors expressing the City's appreciation, but explaining the Council's feeling that acquisition of this building would not be feasible for the City. The motion was seconded by Mayor Mitchell and unanimously carried. UNFINISHED BUSINESS B-1 Request of Morro Bay Yacht Club for additional lease sites and reduction in rental (deferred from March 23, 1971) Commodore White of the Morro Bay Yacht Club explained that the club plans extensive capital improvements on this property, providing the rental is reduced. Such plans include paving the boat storage area, installing a permanent retaining wall and additional boat slips, and generally rearranging the docking area. After their present mortage is paid, the club plans to secure another loan for improvements to the club building. He stated the total income for the club is approximately $7,800 per year and expenses are approximately $3500 per year, excluding rent. The Yacht Club is requesting to lease the area now known as Lease Sites 5, 6, and 7 at an annual rental of $960. Discussion was held concerning the,:value of this area, the term of the existing lease cEthe Yacht Club, and the necessity for a lease agreement for Lease Sites 5 and 6 instead of the present yearly Use Permit. n MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL April 13, 1971 Mayor Mitchell stated he felt the Yacht Club makes an important contribution to the community and this request should be approved. MOTION: Mayor Mitchell moved that the Council direct the City Administrator and the City Attorney to negotiate a lease with the Morro Bay Yacht Club for these three lease sites at $320 per year per site. The motion was seconded by Councilman Walters. After further discussion, Mayor Mitchell amended the motion to provide for basic rental of $960 per year for the total area, plus the usual provision for yearly rental escalation. The amendment was accepted by Councilman Walters and the motion was unanimously carried. B-2 RESOLUTION NO. 25-71. RESOLUTION SUPPORTING THE ESTABLISHMENT OF A NATIONAL CEMETERY AT VANDENBERG AIR FORCE BASE, CALIFORNIA MOTION: Councilman Donohoo moved that Resolution No. 25-71 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 25-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 25-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote with Councilman Keiser absent. B-3 RESOLUTION NO. 26-71. RESOLUTION APPROVING AMENDMENT TO LEASE WITH MIKE AND KATHERINE ST. JOHN FOR LEASE SITES NO. 100, 101, 100W, AND 101W MOTION: Councilman Donohoo moved that Resolution No. 26-71 be read by title only. The motion was seconded by Councilman Walters and unanimously carried. Mr. Little read Resolution No. 26-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 26-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote with Councilman Keiser absent. NEW BUSINESS C-1 RESOLUTION NO. 27-71. RESOLUTION APPROVING GRANT OF USE PERMIT NO. 122 TO MORRO BAY CHAMBER OF COMMERCE Mr. David Vienna explained the activities planned for "May Day in the Park" as well as future plans of the Centennial Committee for the balance of the Centennial Year. MOTION: Councilman Donohoo moved that Resolution No. 27-71 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL April 13, 1971 Mr. Little read Resolution No. 27-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 27-71. The motion was seconded by Councilman Walters and unanimously carried by roll call vote with Councilman Keiser absent. C-2 Planning Task Force for developing general plan for Morro Bay Mayor Mitchell presented the request of the Board of Supervisors for the establishment of a Planning Task Force of various governmental agencies for the purpose of developing a general plan for Morro Bay. The agencies to be represented on this Task Force are the Department of Fish and Game, the Department of Parks and Recreation, California Department of Conservation, Department of Harbors and Watercraft, State Tidelands Commission, U. S. Army Corps of Engineers, U. S. Bureau of Outdoor Recreation, City of Morro Bay, San Luis Obispo County Health Department, San Luis Obispo County Engineer's Office, and the South Bay Advisory Committee. Mayor Mitchell stated he felt the City should have more than one representative on this Task Force because the City is affected to such a great extent by the bay. Councilman Donohoo concurred. Discussion was held concerning the advisability of appointing more than one representative at this time. MOTION: Mayor Mitchell moved that the Council appoint Mr. Little to be the representative of the City of Morro Bay and that Mr. Little be directed to advise the Board of Supervisors of the City's request for additional representation on this committee. The motion was seconded by=Councilman Donohoo and unanimously, carried. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Donohoo informed the Council that Senate Bill 333 concerning compulsory arbitration for Fire and Police is now before the Industrial Relations Committee and will be considered on April 30. MOTION: Councilman Donohoo moved that the Council go on record as opposing this bill and that the City Administrator be authorized to draft a letter for the Mayor's signature to be sent to the representatives and the Chairman of this committee. Councilman McConaghay seconded the motion. Mayor Mitchell and Councilman Walters indicated they would like to study this bill further before taking any action. Councilman Donohoo withdrew his motion and Councilman McConaghay withdrew his second to the motion. MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL April 13, 1971 Council directed staff to schedule this matter for consideration at the next Council meeting. (2) Mayor Mitchell commented on two items of correspondence concerning the naming of the new City Park. He suggested that a committee be established for this purpose. MOTION: Mayor Mitchell moved that the Council establish a committee of five members with Cliff Hiatt as Chairman. This committee will make recommendations to the Council concerning the naming of the new City Park. The motion was seconded by Councilman Donohoo and unanimously carried. D-2 City Attorney Mr. Madden reported briefly on the status of negotiations with Mr. John Den -bulk in the property exchange for the Embarcadero extension. He informed the Council that the parcel map will be prepared for adoption of the Council at the next meeting and escrow will be opened shortly. D-3 City Administration (1) Mr. Little p7esented an invitation from the City of Pismo Beach and the Pismo Beach Chamber of Commerce for a dinner party gommemorating the 25th anniversary of the City of Pismo Beach and the installation of Chamber officers on May 1. MOTION: Mayor Mitchell moved that Mr. Donohoo be authorized to attend this dinner. The motion was seconded by Councilman Walters and carried with Councilman Donohoo voting "no." (2) Mr. Little presented a notice of special meeting from the League of California Cities concerning shoreline control. This Channel Counties Division meeting will be held in Santa Barbara on April 30. (3) Mr. Little. -presented the announcement of the Mayors' and Councilmen's Legislative Institute to be held in Sacramento May 10-12. (4) Mr. Little presented the Expenditure Report for the period March 16 through March 31 for the consideration of the Council. MOTION: Councilman Donohoo moved that the Expenditure Report be approved. The motion was seconded by Councilman McConaghay and unanimously carried. (5) Mr. Little requested authorization to prepare a resolution requesting the Department of Finance of the State of California to make a special census to determine the population of Morro Bay as of June 1, 1971. The cost of this census is nominal and each new person will be worth between $15 and $17 per year in subventions to the City. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL April 13, 1971 MOTION: Councilman Donohoo moved that the City Administrator be authorized to prepare the necessary resolution. The motion was seconded by Councilman McConaghay and unanimously carried. (6) Mr. Little presented the announcement from the County Development Association of a special Hearst Castle Tour and Luncheon Meeting to be held May 20, 1971. CORRESPONDENCE 1. Resolution from Morro Bay Fire Fighters urging the naming of the new City Park for Councilman Keiser. 2. Letter and booklet from County Development Association con- cerning funding for the next fiscal year. 3. Letter from Mr. and Mrs. Harvey Peterson recommending the naming of the new park for Councilman Keiser. 4. Letter from Mr. and Mrs. Archard commending the Police Department. 5. Letter from Planning Commission Chairman concerning the attendance of one member at Planning Commission meetings. 6. Letter from Mrs. William N. Hammer re proposed re -zoning of property in Atascadero Beach area. 7. Announcement of Fiesta Parade in San Luis Obispo on May 15. 8. Announcement of National League of Cities 48th Annual Congress of Cities to be held November 28 - December 1 in Honolulu, Hawaii. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman McConaghay and unanimously carried. ADJOURNMENT MOTION: Mayor Mitchell moved that the meeting be adjourned. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting was adjourned at 8:57 p.m. Recorded by: M. J. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk NOTICE OF ADJOURNED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an adjourned regular meeting on Thursday, April 1, 1971, at 7:30 p.m. in the Recreation Hall, corner of Shasta Avenue and Dunes Street, Morro Bay, California, to consider the following: 1. Joint meeting with Planning Commission 2. Consideration of proposed Business License Ordinance DATED: March 26, 1971 DALE C. MITCHELL, Mayor City of Morro Bay, Cali 0 0 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting April 1, 1971 7:30 p.m. Morro Bay,Recreation Hall The meeting was called to order at 7:30 p.m. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters, and Mayor Mitchell ABSENT: None Also present: Planning Commissioners Greenelsh, McGonagill, McNichols, Woll, and Chairman Brown 1. Filling of vacancy on police force Mayor Mitchell requested that consideration be given to the filling of the vacancy in the Police Department created by the resignation of Sergeant Marsden. He reviewed past action taken by the Council and noted he felt the Council had been in error by not filling the position immediately since police protection is vital to the taxpayers. MOTION: Mayor Mitchell moved that the Council authorize the filling of this vacancy forthwith. The motion was seconded by Councilman Walters. Councilman McConaghay asked if the Council has.received any communication from the Chief of Police relative to the curtail- ment of services which the Chief allegedly reported would be necessary if this position is not filled. Mr. Little informed the Council members that no official communication has been received from the Chief. He also stated that Sergeant Marsden's resignation was not effective until March 31, 1971. Councilman McConaghay stated he felt this matter has been "blown out of all proportion." He noted that the Council did not vote to reduce the size of the police force; but merely deferred action until budget sessions. He stated the Chief of Police was remiss by not saying anything at the last Council meeting when the motion was made to defer action. The motion was carried by voice vote with Councilmen Donohoo and McConaghay voting "no." Discussion was held concerning the advisability of holding an executive meeting to further discuss this matter with Chief Holeman. 2. Joint meeting with Planning Commission MOTION: Councilman Walters moved that the meeting be adjourned to executive session toldiscuss personnel matters with the members of the Planning Commission. The motion was seconded by Councilman Keiser and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting April 1,1971 Page Two The meeting was adjourned to executive session at 7:42 p.m. and reconvened at 8:58 p.m. Mayor Mitchell and members of the Council expressed their appreciation to the Planning Commission for their fine work. 3. City Harbor Plan Planning Director Rogoway informed Council and Planning Commission members that representatives of the Corps of Engineers have presented a minimum harbor development plan to the City. The plan is simply a "cutback" version of the plan now under consideration by the Planning Commission. Mr. Rogoway asked if the Planning Commission should take any action on this plan or defer it until the studies are completed on the present proposed plan. Council, Planning Commission, and staff members suggested that this plan be disregarded until after the present plan has been studied by the Council. 4. Corps of Engineers Maintenance Dredging Program Mr. Little reported briefly on the amount of dredging to be done by the Corps of Engineers in the channel during their maintenance program this year. 5. Morro Bay CATV system rehabilitation plans Planning Commission Chairman Donald Brown reported briefly that he had toured the Electronic Industrial Engineering Plant in North Hollywood recently. He informed the Council members that this company, which has entered into a contract with Central California Communications Corporation for the rehabilitation of the Morro Bay CATV system, is a reliable concern and is proceeding with plans for the improvements. 6. Consideration of proposed business license ordinance Council members reviewed the proposed ordinance. Mr. Little requested that special attention be given to the Chapter II "Fees for Business Licenses," since it was necessary for staff to elaborate on license fees for businesses other than those included in the flat rate of $15.00 plus $2.00 for each employee recommended by the committee. He stated that the fees listed in the ordinance were not necessarily staff's recommendation, but were comparable to those used by cities in this area. Council members questioned the advisability of charging a higher license fee for professional people than for retail sales businesses. After discussion, it was determined that the flat rate of $15.00 would be raised to $25.00, no differentiation would be made between professions and retail sales, and the charge per employee would be raised to $5.00. Various other additions or deletions were made to Chapter II of the proposed ordinance and 0 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting April 1, 1971 Page Three the ordinance will be corrected and submitted to the Council for review. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Walters and unanimously carried. The meeting was adjourned at 11:20 p.m. Recorded by: M. J. LITTLE, City Clerk Carolyn L. Wentzell Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING March 23, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of March 9, 1971 2. Adjourned regular meeting of March 11, 1971 3. Executive meeting of March 11, 1971 HEARINGS, APPEARANCES, AND REPORTS A-1 Hearing on Curb, Gutter, and Sidewalk Improvement Program for downtown business district UNFINISHED BUSINESS B-1 Resolution authorizing granting of lease to Registered Properties Management, Inc. for the extension of Lease Site No. 17 B-2 Proposed Harbor Ordinance NEW BUSINESS C-1 Resolution approving Amendment to Lease with Registered Properties Management, Inc. for Lease Site No. 17 C-2 Resolution approving Sublease Agreement between Mildred L. Dennis and H. A. Hoebel and Helen Fay Hoebel on Lease Sites No. 93-95 and 93W-95W C-3 Request of Chief of Police to fill vacant position. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT ADDENDUM TO AGENDA OF MARCH 23, 1971 A-2 Appearance of representatives of Morro Bay Yacht Club concerning lease site under Use Permit E MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 23, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Rev. Glenn Hascal of the First Christian Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters, and Mayor Mitchell ABSENT: None MINUTES The minutes of the regular meeting of March 9, 1971, the adjourned regular beeting of March 11, 1971, and the executive meeting of March 11, 1971 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman McConaghay and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS A-1 Hearing on Curb, Gutter, and Sidewalk Improvement Program for downtown business district Mayor Mitchell explained that under the Improvement Act of 1911 the Council has directed staff to proceed with this improvement program in areas of the City where more than 50% of the improvements are now existing. Priority No. 1 of this program includes some twenty-nine parcels in the central business district. Mayor Mitchell declared the meeting open for public hearing at 7:34 p.m. Comments were heard from Mr. George Hoeschel, owner of -,.lots 33 and 34 of Block 1 of Morro Heights (781 Harbor Street) in opposition to the program. Mayor Mitchell declared the hearing closed at 7:44 p.m. Discussion was held concerning the time to be allowed for repayment by the property owners for the cost of the installation, of the improvements in front of their property. MOTION: Mayor Mitchell moved that the Council find that there has been insufficient protest on this matter. The motion was seconded by Councilman McConaghay and unanimously carried. MOTION: Mayor Mitchell moved that the Director of Public Works be instructed to proceed with the construction, giving the appropriate notice to the property owners. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL March 23, 1971 A-2 Appearance of representatives of Morro Bay Yacht Club concerning lease site under use permit Mr. Tom White, Commodore of the Yacht Club, reported on the results of a survey made by the club comparing costs and services of clubs along the coast of California. He also commented on the services rendered to the community by the local club, stating that the club gives the City "a good deal" and in return, the club is requesting a reduction in rental. It is proposed that the City grant a lease to the Yacht Club for Lease Site No. 5 (which is now held by the Corinthian Sailing Club of Cal Poly under a use permit agreement) and charge rental of ,$320 per year for the new lease area and the existing lease and use permit held by the Yacht Club. Mayor Mitchell suggested that the Council consider this request further at the next Council meeting. MOTION: Councilman Walters moved that this matter be deferred until the next Council meeting. The motion was seconded by Councilman Donohoo and unanimously carried. UNFINISHED BUSINESS B-1 RESOLUTION NO. 22-71. RESOLUTION AUTHORIZING GRANT OF LEASE TO REGISTERED PROPERTIES MANAGEMENT, INC. FOR THE EXTENSION OF LEASE SITE NO. 17 MOTION: Councilman Donohoo moved that Resolution No. 22-71 be read by title only. The motion was.seconded by Councilman Walters and unanimously carried. Mr. Little read Resolution No. 22-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 22-71. The motion was seconded by Councilman Walters and unanimously carried by roll call vote. B-2 Proposed Harbor Ordinance MOTION: Councilman Donohoo moved that this be deferred to a future meeting. The motion was seconded by Councilman Keiser and unanimously carried. NEW BUSINESS C-1 RESOLUTION NO. 23-71. RESOLUTION APPROVING AMENDMENT TO LEASE WITH REGISTERED PROPERTIES MANAGEMENT, INC. FOR LEASE SITE NO. 17 MOTIO. Councilman Donohoo moved that Resolution No. 23-71 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Resolution No. 23-71 by title only. G 1] MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 23, 1971 Page Three MOTION: Councilman Donohoo moved for the adoption of Resolution No. 23-71. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. C-2 RESOLUTION NO. 24-71. RESOLUTION APPROVING SUBLEASE AGREEMENT BETWEEN MILDRED L. DENNIS AND H. A. HOEBEL AND HELEN FAY HOEBEL ON LEASE SITES NO. 93-95 AND 93W-95W MOTION: Councilman Donohoo moved that Resolution No. 24-71 be read by title only. The motion was seconded by Councilman McConaghay and unanimously,carried. Mr. Little read Resolution No. 24-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 24-71. The motion was seconded by Mayor Mitchell and unanimously carried by roll call vote. C-3 Request of Chief of Police to fill vacant position Mayor Mitchell presented the request of Chief Holeman to fill the vacancy left by the resignation of Sergeant Marsden by promoting a police officer to sergeant and hiring a new patrolman. MOTION: Councilman Donohoo moved that this matter be deferred to budget time. The motion was seconded by Councilman McConaghay and carried with Councilman Keiser voting "no." INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council (1) Councilman Keiser presented copies of the minutes of the League of California Cities Committee on Urban Environmental Quality and requested that the Council members review the information and give serious consideration to the material concerning shoreline planning. (2) Councilman Keiser inquired when the new City Park will be ready for dedication. Staff informed her that the restroom facilities, road, and parking lot will be completed by July. MOTION: Councilman Keiser moved that the dedication of the park be held on July 5, 1971. The motion was seconded by Mayor Mitchell. After further discussion, Councilman Keiser amended her motion to provide for dedication of the park on July 3. The amendment was accepted was Mayor Mitchell and the motion was unanimously carried. (3) Councilman Donohoo requested that Council members read an article in the Western Cities Magazine entitled "Import of Mobile Homes to the City" written by Thomas Butch, City Administrator of Arroyo Grande. n MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL March 23, 1971 (4) Councilman Donohoo reported that copies of pending State legislation affecting cities have been reviewed by the City Administrator;and himself; however, he suggested that the Council take no action on any of the bills until they are sent to the committees for review. (5) Mayor Mitchell noted that the City Department Heads were in attendance at this meeting at the request of the Council. (6) Mayor Mitchell inquired concerning the compliance of Bay Pines Trailer Park with the restrictions set by the Planning Commission. Mr. Little stated he would prepare a report on this matter for the next meeting. (7) Mayor Mitchell noted that the Council members have indicated they would like to meet with the members of the Planning Commission. The date of April 1 was suggested for this joint meeting. (8) Councilman McConaghay informed the Council that the San Luis Obispo Planning Commission will consider the Scenic Highway Plan on Wednesday, March 24 in the chambers of the Board of Supervisors. He suggested that Council members attend this meeting if possible. D=2 City Attorney Mr. Madden reported that property exchange maps have been pre- pared and forwarded to Mr. Den -bulk and staff is proceeding with the exchange of property for the Embarcadero Extension. Staff is recommending the filing of a parcel map of the property to be exchanged in order to simplify the procedure. D-3 City Administrator (1) Mr. Little presented a notice of the League of California Cities Mayors' and Councilmen's Legislative Institute to be held in Sacramento on May 10-12, 1971. (2) Mr. Little presented the Expenditure Report for the period March 1 through March 15, 1971 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report. The motion was seconded by Councilman McConaghay and unanimously carried. (3) Mr. Little presented the preliminary draft of the proposed business license ordinance and requested that a study session be scheduled for the review of this draft. Council members agreed to study this matter at the joint meeting with the Planning Commission on April 1. • MINUTES - MORRO Regular Meeting Page Five CORRESPONDENCE BAY CITY COUNCIL March 23, 1971 1. Announcement of Lai' Fiesta de San Luis Obispo parade on May 15, 1971. 2. Letter and resolution from the City of Lompoc supporting the establishment of a national cemetery at Vandenberg Air Force Base. MOTION: Councilman Donohoo moved that the Council adopt a similar resolution at the next meeting. The motion was seconded by Mayor Mitchell and unanimously carried. MOTION: Councilman McConaghay moved that the correspondence be filed. The motion was seconded by Councilman Walters and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned to 7:30 p.m., April 1, 1971, in the Recreation Hall for a joint meeting with the Planning Commission. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting was adjourned at 8:50 p.m. Recorded by: M. J. LITTLE, City Clerk By: Caroqyn L. Wentzell Deputy City Clerk i 0 NOTICE OF ADJOURNED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an adjourned regular meeting on Thursday, March 11, 1971 at 7:00 p.m. in the Conference Room of City Hall, 595 Harbor Street, Morro Bay, California, to consider the following: 1. Preliminary information on 1971-72 budget 2. Other items of interest 3. Personnel matters DATED: March 10, 1971 DALE C. MITCHELL, Mayor City of Morro Bay, California AGENDA - MORRO BAY CITY COUNCIL Adjourned Regular Meeting March 11, 1971 7:00 p.m. City Hall Conference Room 1. Preliminary budget information 2. Group health insurance program 3. Request of Morro Bay Coast Little League for clarification of City Park use 4. Use of new well site property 5. Resignation of Monte Minugh; request for authorization to fill position 6. Pending resignation of John Marsden .- 7. Personnel matters 8. Employer -Employee wage negotiation matters E MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting March 11, 1971 7:00 p.m. City Hall Conference Room The meeting was called to order at 7:05 p.m. by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, Walters, and Mayor Mitchell ABSENT: Councilman McConaghay Mayor Mitchell introduced the newly -appointed Recreation Director, Mrs. Barbara George. Council members welcomed Mrs. George to the staff. COUNCILMAN MCCONAGHAY IS NOW PRESENT. 1. Preliminary budget information Mr. Little presented theestimated revenue figures for fiscal 1971-72, noting that the figures for 1971-72 will be $58,750 below the estimated revenue for 1970-71. He informed the Council that it will be possible to balance the budget with minimum operational costs; however, if the Council feels the City should increase its revenue, a tax override of approximately 30� is possible; or the City could increase its water service charge, or add a sewer service charge. The method of increasing revenue which would be the least expensive to taxpayers would be the tax override, since a 30t over- ride would cost the average homeowner only about $10.00 per year in additional taxes. He informed the Council that staff will sub- mit two budgets for their consideration: (1) a minimum operational budget; and (2) a capital outlay budget. He explained that the amount needed for •salaries will not be known until after salary negotiations are completed with the various employee organizations. Discussion was held concerning the reaction of the citizens to any tax override, the cost of a capital improvement program, and other budget information. Council members indicated they would attempt to balance the budget without increasing revenue, if at all possible. 2. Group health insurance program Mr. Little reported that after discussion at a recent staff meeting, department heads indicated that employees were satisfied with the present group insurance with Prudential Insurance Company. Mr. Little stated that a 10% increase in costs is scheduled for the next year; however, the insurance company has agreed to defer this increase if the City will transfer life insurance coverage to Prudential. Mr. Little requested authority to do so. MOTION: Councilman Donohoo moved that the City continue with the present health insurance program and transfer life insurance coverage to Prudential Insurance. The motion was seconded by Councilman Keiser and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting March 11, 1971 Page Two 3. use t' L Mr. Little presented a request from the Little League for use of the baseball diamond in the new City Park for the 1972 season. It was noted that while the Little League would not be allowed exclusive use of the field or the privilege of constructing a fence; the Council members would authorize the use of the field by the Little League. MOTION: Councilman Donohoo moved that the Council issue a yearly use permit to the Little League for the use of the field, starting with the 1972 season, with necessary removable barricades but not permitting construction of a permanent fence. The motion was seconded by Mayor Mitchell and unanimously carried. 4. Use of new well site property Mr. Little informed the Council that cattle are presently being allowed to graze on the newly -acquired five -acre parcel of property south of the City limits. The City has received a request from Mr. Gideon Peirce to lease the property for grazing purposes. Councilmen asked that the City Attorney be requested to give an opinion on the legality of allowing grazing rights on City property free of charge and, if the property is to be leased for grazing purposes, the proper method for leasing the property. 5. Resignation of Monte Minugh; request for authorization Mr. Little informed the Council that Harbor Patrolman Monte Minugh has tendered his resignation, effective March 15, 1971. He requested authorization to fill this position, explaining that former Harbor Patrolman Thomas Yost has indicated a willingness to work on a temporary basis until the necessary examination can be given for the position. Discussion was held concerning the duties of Harbor Patrolman and the qualifications of Thomas Yost. MOTION: Councilman Keiser moved that the City Administrator be authorized to hire Thomas Yost as Harbor Patrolman on a temporary basis to fill the vacancy created by the resignation of Monte Minugh. The motion was seconded by Councilman McConaghay and unanimously carried. 6. Pending resignation of John Marsden Mr. Little reported that Sergeant Marsden has been accepted for employment as a sky marshall and his resignation is pending. He requested an indication from the Council as to whether or not this position would be filled. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting March 11, 1971 Page Three Council members indicated they would review this matter at budget time. 7. Personnel matters 8. Employer -employee wage negotiation matters MOTION: Councilman Donohoo moved that the meeting be adjourned to executive session to discuss personnel matters. The motion was seconded by Councilman Walters and unanimously carried. The meeting was adjourned to executive session, -at 8:29 p.m. and reconvened to open session at 9:52 p.m. MOTION: Councilman Donohoo moved that $2,000 be transferred from the unbudgdted reserve for travel expenses. The motion was seconded by Mayor Mitchell and unanimously carried. MOTION: Councilman Keiser moved that the City Department Heads attend Council meetings for a six-month trial period. The motion was seconded by Mayor Mitchell and carried with Councilman Donohoo voting "no". Discussion was held concerning the arguments for and against Ordinance No. 87 and the rebuttals on the ballot for the special election in April. MOTION: Councilman McConaghay moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting was adjourned at 10:12 p.m. Recorded by: M. J. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING March 9, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of February 23, 1971 HEARINGS, APPEARANCES, AND REPORTS A-1 Appearance of Kenneth Dunham regarding City water pollution problems A-2 Report of Don Brown on Morro Bay CATV system rehabilitation plans A-3 Public hearing on Highway 41 Scenic Highway Plan A-4 Report of Planning Commission on Harbor Hut Fish and Chips building restrooms - approval of this building as part of the development program A-5 Report of Planning Commission on request of City Council for review of zoning change recommendation UNFINISHED BUSINESS None NEW BUSINESS C-1 Resolution adopting a budget calendar for 1971-72 fiscal year C-2 Resolution approving grant of Use Permit to Kiwanis Club of Morro Bay -Estero for Easter Sunrise Services C-3 Air pollution control INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT i • NOTICE OF PUBLIC HEARING 1 NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Tuesday, March 9, 1971 at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, to consider the following recommendations of the Morro Bay Planning Commission: (1) That Highway 41 Scenic Highway Plan be approved as part of the Circulation Element of the City General Plan; (2) That said Plan be approved with respect to those portions within the incorporated limits of the City of Morro Bay; (3) That a recommendation be made to the San Luis Obispo County Board of Supervisors for approval of said Plan with suggested amendments; at which said public hearing any person may appear and express his views for or against or in modification of said recommendations. DATED: February 22, 1971 DALE C. MITCHELL, Mayor City of Morro Bay E�I M. J.'-LITTLE, City Clerk MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 9, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Councilman McConaghay gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Mayor Mitchell ABSENT: None MINUTES Keiser, McConaghay, Walters, and The minutes of the regular meeting of February 23, 1971 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman Walters and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS A-1 Appearance of Kenneth Dunham regarding City water pollution problems Mr. Dunham requested immediate action by the City against the "terrible" pollution in Morro Creek and other creeks in.the Morro Bay area. He stated that the matter has been reported and has not been abated in accordance with State regulations. Mr. Dunham displayed samples of material found near Morro Creek. Mr. Little presented the report of the County Health Department, signed by James Gates, Director of the Division of Environmental Health, which indicated that the type of material being used in the restoration and protection of the creek bank is an acceptable method and no waste material had been identified as originating from the cement plant. Discussion was held relative to the responsibility for any pollution which exists in the creek and the responsibility of the City in enforcing pollution control laws. MOTION: Councilman McConaghay moved that the Council contact the State Water Quality Control Board and request an investigation of the reported pollution of Morro Creek. The motion was --seconded by Councilman Keiser and unanimously carried. Comments were also heard from Clayton Scovell and Mrs. Dunham. A-2 Report of Don Brown on Morro Bay CATV system rehabilitation plans Mr. Brown, Planning Commission Chairman and Council liason with Central California Communications Corporation, reported that n MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL - March 9, 1971 a contract has been entered into between CATV and Electronic Industrial Engineering, Inc. for the rehabilitation of the Morro Bay CATV system, including all of the City as well as the Cayucos portion of the system. Mr. Brown explained various provisions of the contract relative to time required to complete construction. Mayor Mitchell expressed the appreciation of the Council for Mr. Brown's efforts. A-3 Public hearing on Highway 41 Scenic Highway Plan Planning Director Ned Rogoway explained that the City Planning Commission is recommending adoption of the Scenic Highway Proposal within the City of Morro Bay and, in addition, that the Council recommend to the Board of Supervisors adoption of the Scenic Highway Plan for Highway 41 from its intersection with Highway 101 to Morro Rock. In order for this plan to be effective, action must be taken by the City insofar as it pertains to the portion of Highway 41 within the City limits. Mr. Rogoway explained the procedures that must be followed in order to designate a highway as a Scenic Highway. He stated that no special controls are being exercised over land use in the proposed Scenic Highway Plan; the plan only indicates that the City, after adoption of the plan, will look very carefully at any future developments so that there is no injury to the scenic aspects of this highway. The Planning Commission has revised the original report to remove all aspects of any regulatory controls. The plan as amended does not advocate any changing of zones except in some M-1 zones within the City. The plan does indicate that some additional work should be done on the highway such as the creation of lookout vistas. It also indicates reduced speed designation is desirable for the highway. It does not advocate any hiking or riding trails along the corridor. The purpose for the designation of Highway 41 as a Scenic Highway is to direct tourists into areas of scenic beauty and it is therefore desirable for Morro Bay. The highway, if it is designated as Scenic, would also be eligible for special State funding for roadside services. Councilman McConaghay questioned the advisability of the City considering this plan prior to its consideration by the County. Mayor Mitchell declared the matter open to public hearing at 8:45 p.m. Mrs. Vernon Davey spoke in favor of the plan. Comments were heard from Mrs. Christopher, Dan Stack, and Steve:-McElvaine in opposition to the proposed plan. RECESS: 9:20 p.m. RECONVENED: 9:32 p.m. Lengthy comments were heard from Charles Ogle in opposition to the proposed Scenic Highway Plan. MOTION: Councilman McConaghay moved that the Council continue this matter until such time as the County takes action on the plan and then reconsider. The motion was seconded by Mayor Mitchell and unanimously carried. 0 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL - March 9, 1971 Councilman Donohoo stated he felt the plan should not be approved by the Council because of the opposition of the property owners along the proposed scenic corridor. A-4 Report of Planning Commission on Harbor Hut fish and chips building restrooms - approval of this building as part of the development program Mayor Mitchell presented the report of the Planning Commission which stated the Commission felt the proposed restrooms should not face the patio area but should face another direction. The owners have since submitted revised plans which provide for adequate screening and the revised plans have been approved by the Planning Commission. No action was taken by the Council at this time. A-5 Report of Planning Commission on request of City Council for review of zoning change recommendation Mayor Mitchell presented the report of the Planning Commission which stated that the applicants have determined to prepare proposed development plans for the property and discuss these plans with some of the property owners who have been opposing the development. The Planning Commission has therefore tabled the matter until their meeting of April 6, after which meeting a report will be made to the City Council. No action was taken by the Council at this time. UNFINISHED BUSINESS B-1 Review of bids on S. S. Project No. 49 - Greenwood Improvements (Added) Mr. Little presented the bid results for the Greenwood project, recommending that the low bid in the amount of $6,251.50 from Kleinhammer Construction Company be approved. MOTION: Councilman Donohoo moved that the contract be awarded to Kleinhammer Construction Company in the amount of $6,251.50. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little also requested that the Council approve the necessary transfer of funds for this project until such time as the assessment is repaid to the City by the property owners. MOTION: Councilman Donohoo moved that the transfer of reserve funds be authorized for this project. The motion was seconded by Mayor Mitchell and unanimously carried. NEW BUSINESS C=1 RESOLUTION NO. 20-71. RESOLUTION ADOPTING A BUDGET CALENDAR FOR 1 - 2 FISCAL YEAR MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - March 9, 1971 Page Four MOTION: Councilman Donohoo moved that Resolution No. 20-71 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 20-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 20-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. C-2 RESOLUTION NO. 21-71. RESOLUTION APPROVING GRANT OF USE PERMIT TO KIWANIS CLUB OF MORRO BAY-ESTERO FOR EASTER SUNRISE SERVICES MOTION: Councilman Keiser moved that Resolution No. 21-71 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Little read Resolution No. 21-71 by title only. MOTION: Councilman Keiser moved for the adoption of Resolution No. 21-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. C-3 Air pollution control Mayor Mitchell informed the Council that if the proposed Air Pollution Control Rules and Regulations which are being considered by the County are adopted, backyard burning will be prohibited in all areas of the County. If these rules go into effect, it will create a problem for many citizens of Morro Bay who do not have garbage service and rely on burning to dispose of waste material around their homes; however, the City has been considering a mandatory garbage ordinance similar to that of the City of San Luis Obispo which would solve the disposal problem since it would permit one garbage can service plus a quantity of trash pick-up each week. Mayor Mitchell stated that if the City plans to take any action either for or against the adoption of these rules and regulations by the County Health Department, it will be necessary to prepare information for the public hearing to be held on April 12. Discussion was held concerning these proposed rules and regulations and staff was directed to call a meeting of the Solid Waste Disposal Committee to discuss further the proposed compulsory garbage collection ordinance for the City. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser commented on the need for Council action on developing a Capital Improvement Plan for the City, the possible purchase of the Veterans' Memorial Building for a convention center, and the future civic center location. 0 MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL - March 9, 1971 Mayor Mitchell stated that the Planning Commission Chairman has been delegated to submit a list of proposed priorities for the Capital Improvement Plan, but has been waiting for suggestions from the Council members. He also noted that before considering the purchase of the Veterans' Memorial Building, a thorough study should be made of its possible advantages to the City. Mayor Mitchell directed staff to determine the commitments for the use of the Veterans' Memorial Building, as well as maintenance costs for the upkeep of the building. (2) Councilman Keiser stated she felt the Council should consider the possibility of a City newsletter to better inform the citizens of the projects being considered by the Council. (3) Councilman Keiser presented a map showing the proposed re-routing of Highway 1 at its intersection with Highway 101. Dan Stack commented on the need for this re-routing and requested that the Council send a representative to the hearing to be held March 11 in San Luis Obispo. Mayor Mitchell suggested that the Council express support of the plan in concept, but not which access is used. Councilman McConaghay agreed that the San Luis Obispo access road should be the determination of the City of San Luis Obispo; however, the City of Morro Bay should definitely support the additional highway. He suggested that some indication of the City's feeling in the matter be submitted to the hearing. MOTION: Councilman Walters moved that the Council support the views expressed by Mayor Mitchell and•Councilman McConaghay. The motion was seconded by Councilman Donohoo and unanimously carried. D=2 City Attorney Mr. Madden reported that the preliminary title report on the property to be exchanged with Mr. Den-Dulk for the Embarcadero extension has been received by the City. The various exceptions in the report are now being checked by staff. D-3 City Administrator (1) Mr. Little presented the Financial Report for the period July 1, 1970 through February 28, 1971 for the consider- ation of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Report. The motion was seconded by Councilman McConaghay and unanimously carried. (2) Mr. Little presented the Expenditure Report for the period February 16 through February 28, 1971 for the consideration of the Council. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - March 9, 1971 Page Six MOTION: Councilman McConaghay moved for the approval of the Expenditure Report. The motion was seconded by Councilman Donohoo and unanimously carried. (3) Mr. Little presented Transfer. Voucher No. 0-1-16 to transfer $25,000 from reserve for the purchase of the Boone property. MOTION: Councilman Donohoo moved for the approval of Transfer Voucher No. 0-1-16. The motion was seconded by Councilman McConaghay and unanimously carried. CORRESPONDENCE 1. Reply from Governor Reagan re City Resolution opposing consolidation or closing of County Fair. 2. Letter from City of Carpinteria re establishment of regional office for the State Bureau of Narcotic Enforcement in Carpinteria. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Walters and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned to March 11 at 7:00 p.m. in the City Hall Conference Room. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting was adjourned at 11:14 p.m. Recorded by: M. J. LITTLE, City Clerk (C/ U r/J LiC/.,(iJte�fC,L By: Caro yn L. Wentzell U Deputy City Clerk �J CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING February 23, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of February 9, 1971 2. Executive meeting of February 9, 1971 HEARINGS, APPEARANCES, AND REPORTS A-1 Continued public hearing on proposed amendment to zoning Ordinance A-2 Hearing on vehicle abatement UNFINISHED BUSINESS B-1 Resolution approving assignment of lease from A. R. Baynham and Barbara Baynham to Registered Properties Management, Inc. B-2 Authorization to purchase a 4.994-acre portion of Lot 3 of Manford Brown Little Ranches for water well site and Resolution accepting and directing recordation of deed B-3 Setting of date for public hearing on Curb, Gutter, and Sidewalk Improvement Program for central business district B-4 Report of status of Den -bulk land exchange B-5 Review of proposed Harbor Ordinance B-6 Lease on Police Department building NEW BUSINESS C-1 Review of plans for addition to building - Cabrillo Enterprises C-2 Review of proposed extension of Hut - Ralph Ruse - Lease Sites C-3 Request of Howard Eytcheson for of lease for Lease Sites 97-99 Rose's Landing Restaurant - Lease Sites 82-85 & 82W-85W existing structure at Harbor 122,123,122w,123W extension of expiration date & 97W-99W INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 23, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Rev. Van Eakes gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Mayor Mitchell ABSENT: None MINUTES Keiser, McConaghay, Walters, and The minutes of the regular meeting of February 9, 1971 and the executive meeting of February 9, 1971 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman McConaghay and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS A-1 Continued public hearing on proposed amendment to Zoning Ordinance Mayor Mitchell declared the public hearing open at 7:32 p.m. Ned Rogoway, Planning Director, explained in detail the proposed amendment to the Zoning Ordinance which would change the zoning of Lots 8, 9, 10, 11, 12, and 21 of Block 2-D, Atascadero Beach Tract from the present R-1,S-1 zone to R-2,S-9. He reviewed the proposal of the Protective Association of Morro Bay which called for review of any development plans for this property by the citizens' group; noting that only the City has authority for such a review. Comments were heard from Mr. Don Curtis, Mrs. Hammer, and Mr. Clyde Wilbur in opposition to this proposed re -zoning. John Kleinhammer, one of the developers for the property in question, explained the proposal for building multiple dwellings on the parcel. Mr. Rogoway advised the Council that under the provisions of the State Planning Act, the Council may either: (1) approve the recommendation of the Planning Commission and adopt the proposed amendment to the Zoning Ordinance; or (2) modify or disapprove the Planning Commission recommendation. In the event the second method of action is taken, it will be necessary for the Council to refer the matter back to the Planning Commission for further study and report. After receiving the report of the Planning Commission, the Council may take any action it deems appropriate. MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL February 23, 1971 Mayor Mitchell declared the public hearing closed at 8:28 p.m. MOTION: Mayor Mitchell moved that this matter be referred to the Planning Commission for re -hearing on the issue of zoning this area R-2, S-9; and that the Planning Commission be requested to make recommendations as to the possibility of leaving this area R-1 with requirements of smaller lot size for subdivision, or any other alternatives the Planning Commission may feel appropriate. The motion was seconded by Councilman Keiser and unanimously carried. A-2 Hearing on vehicle abatement Mayor Mitchell stated that two abandoned vehicles located on the northeast corner of Main and Java have been scheduled for abatement proceedings. The property owner, Mr. T. J. Walker, has written the City, disclaiming any responsibility for the vehicles. Mayor Mitchell declared the hearing open at 8:25 p.m. Since there was no one present to speak on this matter, Mayor Mitchell declared the hearing closed. MOTION: Councilman McConaghay moved that the Council find that the property owner has no responsibility and that the staff be authorized to have the vehicles removed in accordance with the provisions of the City Vehicle Abatement Ordinance. The motion was seconded by Councilman Walters and unanimously carried. Mayor Mitchell commented on the success of the vehicle abatement program, expressing the Council's appreciation to the staff for their efforts. UNFINISHED BUSINESS B-1 RESOLUTION NO. 18-71. RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM A. R. BAYNHAM AND BARBARA BAYNHAM TO REGISTERED PROPERTIES MANAGEMENT, INC. MOTION: Councilman Donohoo moved that Resolution No. 18-71 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 18-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 18-71. The motion was seconded by Councilman Walters and unanimously carried by roll call vote. B-2 Authorization to purchase 4.994-acre portion of Lot 3 of Manford Brown Little Ranches for water well site and RESOLUTION NO. 19-71. RESOLUTION ACCEPTING DEED FROM OLIVER B. BOONE AND LILLIAN Y. BOONE, HUSBAND AND WIFE, AND AUTHORIZING RECORDATION MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 23, 1971 Page Three MOTION: Councilman Donohoo moved that Resolution No. 19-71 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried.. Mr. Little read Resolution No. 19-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 19-71. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. B-3 Setting of date for public hearing on Curb, Gutter, and Sidewalk Improvement Program for central business district Mayor Mitchell stated this program is being implemented at the direction of the City Council in an effort to upgrade the City. This phase of the program concerns the central business district and would require property owners to install curb, gutter, and sidewalk in blocks where more than 50% of the frontage of the property has these improvements in existance. Councilman McConaghay suggested that the hearing be set for March 23, since March 9 has been set as a hearing date for the Scenic Highway Plan. MOTION: Councilman McConaghay moved that the public hearing for this Curb, Gutter, and Sidewalk Improvement Program for the central business district be delayed until March 23, 1971. The motion was seconded by Councilman Donohoo and unanimously carried. B-4 Report of status of Den -bulk land exchange Mr. Madden reported that another delay has been encountered in the title work on this property; however, the City should receive the title reports within the week. B-5 Review of proposed Harbor Ordinance Mayor Mitchell informed the Council that copies of this proposed ordinance have been sent to several interested persons. He suggested that since a great deal of study will be required before adoption of this ordinance, a committee should be appointed for this purpose. MOTION: Mayor Mitchell moved that the City Council establish a committee to study this proposed ordinance. The motion was seconded by Councilman McConaghay and unanimously carried. Mayor Mitchell appointed Councilmen Donohoo, and himself to serve on this committee. B-6 Lease of Police Department building Mayor Mitchell explained that after discussion, the Council has determined to renew the lease for a two-year period with the hope that during this time the City might build a facility or find another building. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 23, 1971 Page Four MOTION: Councilman Donohoo moved that the proposed lease of the Police Department building be approved as recommended by staff. The motion was seconded by Councilman Walters and unanimously carried. RECESS: 8:50 p.m. RECONVENED: 9:04 p.m. NEW BUSINESS C-1 Review of plans for addition to Rose's Landing Restaurant building - Cabrillo Enterprises - Lease Sites 82-85 and 82W-85W Mayor Mitchell stated that the City Council, as lessor of this property, must approve any changes in building construction on the lease site. He informed the Council that plans for the proposed addition have been approved by the Planning Commission. Mr. Little displayed a sketch of the proposed addition and explained the proposed changes. MOTION: Councilman Donohoo moved that the City Council approve this addition to Rose's Landing Restaurant. The motion was seconded by Councilman Walters and unanimously carried. C-2 Review of proposed extension of existing structure at Harbor Hut - Ralph Ruse - Lease Sites 122, 123, 122W, and 123W Mayor Mitchell explained that this construction must also receive City Council approval in accordance with the terms of the lease. Since construction in this instance will extend out over the water, it will be necessary for the lessee to secure approval from the Corps of Engineers also. Mr. Little displayed sketches showing the proposed construction changes. Councilman Keiser noted that Mr. Ruse had included in the plans for development restrooms to be used by the public; however, the Planning Commission has not granted approval for the restrooms. Mr. Robert Mills explained that the Planning Commission did not approve this portion of the plans because it felt the restrooms should face the parking area rather than the patio area at the Harbor Hut. Mr. Little suggested that the Council approve the total concept with the exception of the restrooms and request the Planning Commission to advise the Council of its reasons for not approving the restrooms. MOTION: Councilman Walters moved that the eighteen -foot extension over the water be approved by the City Council. The motion was seconded by Councilman McConaghay and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 23, 1971 Page Five MOTION: Councilman Keiser moved that staff address a letter to the Planning Commission asking why they disapproved of the restrooms at the Harbor Hut. The motion died for the lack of a second. MOTION: Councilman Donohoo moved that the City Council approve the entire concept with exception of the proposed restrooms and that these be referred back to the Planning Commission as to why they were disallowed. The motion was seconded by Councilman Keiser and unanimously carried. C-3 Request of Howard Eytcheson for extension of expiration date of lease for Lease Sites 97-99 and 97W-99W Mayor Mitchell explained that this lease will expire on March 31, 1971. The lease is not eligible for renewal since no improvements have been constructed on the lease site. Mr. Eytcheson is requesting an extension of time in order to begin development of the property. Mr. Eytcheson was present and informed the Council that no improvements had been constructed on this property because lending institutions would not advance funds during the Pipkin litigation. He stated he plans to invest from $50,000 to $80,000 in improvements for this site, including a fish and chips restaurant, a sauna bath, a barber shop, and a boutique. Mr. Little informed the Council that it will be necessary for the Council to determine if a new lease is to be negotiated with Mr. Eytcheson; since the old lease will expire on March 31. He also noted that Mr. Eytcheson would not be able to secure funds for the development of the lease site without assurance from the City that a long term lease would be granted. Discussion was held concerning the lack of development of this site, the record of lease rental payments, and the three people who also have an interest in this lease without the City's approval. MOTION: Mayor Mitchell moved that staff be directed to negotiate a new lease with the provision that a six-month clause be inserted therein so that the lease would be terminated if no definite improvements are assured within that period; and also that the matter be referred to the Planning Commission for their recommendation concerning compatible uses for the lease site. The motion was seconded by Councilman Donohoo and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council (1) Councilman Keiser presented a check from the Morro Bay Bulletin in the amount of $29.90 for the City Park on Atascadero Road. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 23, 1971 Page Six (2) Councilman Keiser reported that she and the Assistant City Administrator had attended San Luis Obispo City Council meetings concerning the possibility of securing bus transportation for the City of San Luis Obispo. The City has been assured of a grant of $350,000 for the purchase of ten busses. Mr. Warden was present at this time and explained that while Morro Bay has hot been included, it has been suggested that representatives of the City be appointed to serve on the study group concerned with this transportation system. MOTION: Mayor Mitchell moved that Councilman Keiser and Mr. Warden be appointed to serve in this capacity. The motion was seconded by Councilman Walters and unanimously carried. (3) Councilman Donohoo reported on a meeting of the San Luis Obispo County -Cities Area Planning Coordinating Council. (4) Councilman Donohoo also reported on the Coastal Valley Planning Council Mobile Home Seminar in Grover City. (5) Mayor Mitchell reported that the Morro Bay Womans' Club has donated $300 for a piece of climbing equipment selected by the group for the new City Park. (6)] Mayor Mitchell presented an announcement from the Downtown Association of San Luis Obispo concerning the "Great Train Ride." (7) Mayor Mitchell announced that the Channel Counties Division of the League of California Cities will be meeting in Morro Bay on March 5. He stated that it has been customary for the host city to present momentos to the delegates attending the conference. He asked for suggestions from the Council. Discussion was held, but no decision was reached. The Council members agreed that the Planning Commission and Department Heads be invited to attend this conference. (8) Councilman McConaghay questioned the status of the Morro Bay Cable Television System Rehabilitation Plans. Mr. Little explained that Planning Commission Chairman Donald Brown has been meeting with the Central California Communications Corporation representatives and would be asked to submit a progress report at the next Council meeting. (9) Councilman McConaghay informed the Council of the need of the local Radio Amateur Communications Emergency System for a generator. He explained the function of the group in times of emergency and requested that the Council consider purchasing the generator at the next budget sessions. D_2 City Attorney Mr. Madden had left the meeting early and was not present at this time. L MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL February 23, 1971 D-3 City Administrator (1) Mr. Little presented the Expenditure Report for the period February 1 through February 15, 1971 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report. The motion was seconded by Councilman McConaghay and unanimously carried. (2) Mr. Little presented a Legislative Bulletin from the League of California Cities requesting that each City designate someone to be responsible for keeping the City advised of pending legislation and keeping the legislators advised of the City's position on such legislation. After discussion, Councilman Donohoo was appointed to fulfill this responsibility and Mayor Mitchell was designated alternate. 1. Announcement from Division of Highways of Design Public Hearing for Route 1 between Marsh Street in San Luis Obispo and the Baywood Park Undercrossing to be held March 11, 1971. 2. Letter from Central California Communications Corporation re Ponderosa Street cable system charges. 3. Letter from M. V. Morley Realty offering to sell land near City Hall. 4. Letter and Resolution from City of Palo Alto re problem of litter and waste disposal created by sale of beverages in disposable, non -returnable containers. 5. Letter from Darrell Coulter re traffic on beaches. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Walters and unanimously carried. ADJOURNMENT MOTION: Councilman McConaghay moved that the meeting The motion was seconded by Councilman Walters unanimously carried. The meeting was adjourned at 10:15 p.m. Recorded by: M. J. LITTLE, City Clerk e�,/, ,� , o By: Carolyn L. Wentzell Deputy City Clerk be adjourned. and PUBLIC NOTICE NOTICE IS HEREBY GIVEN that any person aggrieved by any act or determination of the Morro Bay Fire Department in connection with the 'current weed abatement program may file an appeal with the City Clerk of the City of Morro Bay prior to February 5, 1971. Such appeal shall be in writing. Upon receipt of an appeal, the City Council shall hear and pass upon each and every appeal and such determination thereupon shall be final and conclusive. DATED: January 7, 1971 M: rr'1'f,E, City Clerk Cit of Morro Bay, California U 46 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a Public Hearing on Tuesday, February 9, 1971 at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California and will consider a proposed amendment to the Official Zoning Map of the City of Morro Bay, State of California to rezone Lots 8, 9, 10, 11, 12, and 21, Block 2-D, Atascadero Beach to R-2, S-9, with the S-9 to be a combination of the S-7 and S-8 requirements, special treatment designation; at which said Public Hearing any person may appear and express his views for or against or in modification of said amendment. Dated: January 26, 1971 DALE C. MITCHELL, F�o'a�T�'.iY7fa71 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING February 9, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES Regular meeting of January 26, 1971 HEARINGS, APPEARANCES, AND REPORTS A-1 Public hearing on proposed amendment to Zoning Ordinance A-2 Hearing on weed abatement charges A-3 Report of Planning Commission on proposals for lease of Lease Site No. 15 A-4 Report of committee on city business licenses A-5 Report on Pipkin lease - Lease Sites No. 52 and 52W A-6 Report on acquisition or lease of Police Department building UNFINISHED BUSINESS B-1 Request of Chamber of Commerce for Centennial funds B-2 County -wide Cross Connection Control Program B-3 Resolution amending Resolution. No. 5-71 B-4 Resolution ordering that a special election beheld to consider Ordinance No. 87 banning motor vehicles from public property B-5 Request of Mike and Katherine St. John for renewal of lease on Lease Sites No. 100, 101, 100W, and 101W B-6 Dock construction - Lease Site No. 10 B-7 Matters relating to Improvement District No. 6 B-8 Resolution and order abandoning portions of Kings Avenue between Quintana Road and Pacific Street B-9 Azure Street - access to public beach B-10 Planning Commission resolution designating Highway 41 as a Scenic Highway NEW BUSINESS C-1 Resolution approving grant of Use Permit to Morro Bay Art Association C-2 Review of proposed Harbor Ordinance C-3 Request of A. R. and Barbara Baynham for assignment of Lease Site No. 17 to Registered Properties Management, Inc. C-4 Resolution approving low bid for chlorine INDIVIDUAL DETERMINATION AND/OR 'ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT i 1] MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 9, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Rev. Starr of the Calvary Luthern Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters, and Mayor Mitchell ABSENT: None MINUTES The minutes of the regular meeting of January 26, 1971 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman Keiser and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS A-1 Public hearing on proposed amendment to Zoning Ordinance Mr. Little presented the Planning Commission resolution recommending the re -zoning of Lots 8, 9, 10, 11, 12, and 21 of Block 2-D in Atascadero Beach Tract from R-1 to R-2,S-9 in order to allow the large parcel to be developed in keeping with the densities permitted in the remaining neighborhood. The Planning Commission also feels that the special treatment zone would provide protection for neighboring properties because it would afford landscaping and architectural control. Mayor Mitchell declared the public hearing open at 7:43 p.m. Mr. Joseph Hill-, president of the Protective Home Owners' Association, introduced Mr. Kelly, counsel for the association. Mr. Kelly expressed the concern of the property owners in the area that the neighborhood retain its present character and not be changed by the re -zoning proposed. He pointed out objections such as drainage problems, circulation needs, stereotyped develop- ment, maximum number of dwelling units to be constructed, and landscaping. Comments were also heard from Mr. Curtis, Mr. Hill, and Mrs. Barnes in opposition to the proposed re -zoning. It was noted that a petition signed by over 60 property owners has been submitted to the City in opposition to the zoning change. Mayor Mitchell declared the public hearing closed at 8:30 p.m. MOTION: Councilman McConaghay moved that this matter be continued until the next meeting. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 9, 1971 Page Two A-2 Hearing on weed abatement charges Mr. Little presented the request of Mr. C. E. Phillips of 498 Island Street for a refund of $25.00 for weed abatement charges, since he feels the City did not properly mow his property. Mr. Little stated that the Fire Department has reported that this property was mowed twice by City personnel and had been approved by the Fire Chief. The Fire Department does not recommend a refund of the charges. Mr. Phillips was not present at this time. MOTION: Mayor Mitchell moved that the Council deny this request for refund. The motion was seconded by Councilman Donohoo and unanimously carried. A-3 Report of Planning Commission on proposals for lease of Lease Site No. 15 Mr. Little presented the Planning Commission report which stated that both proposals were satisfactory, but the Commission felt that the motor boat repair facility would be more advantageous to the development of the harbor. The preferred proposal was submitted by Richard Cohen on behalf of Registered Properties Management, Inc. Mr. Cohen was present and displayed artist's sketches of the proposed building and docks. MOTION: Councilman Donohoo moved that the Council authorize staff to negotiate with Mr. Cohen for the lease of this property. The motion was seconded by Councilman Keiser and unanimously carried. A-4 Report of committee on City business licenses Councilman Donohoo reported that he and Councilman Walters had made a thorough study of business license taxes throughout the State and recommend that the Council direct staff to draft an ordinance providing for a flat -rate tax of $15.00 plus $2.00 for each additional employee other than management. MOTION: Councilman McConaghay moved that the recommendation of the committee be approved and that staff be directed to draft an ordinance providing a business license fee of $15.00 plus $2.00 for each additional employee. The motion was seconded by Mayor Mitchell and unanimously carried. A-5 Report on Pipkin lease - Lease Sites No. 52 and 52W Mr. Madden reported that the Judgment has been -signed and entered in the Pipkin case and Mrs. Pipkin has been so notified. Mrs. Pipkin is presently in default for non-payment of lease rental and the lease term has expired. He requested authority to commence action to regain possession of this lease site. r MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL February 9, 1971 MOTION: Councilman Donohoo moved that the request of staff be approved and the City Administrator and City Attorney be directed to proceed. The motion was seconded by Councilman Keiser and unanimously carried. A-6 Report on acquisition or lease of Police Department building Mayor Mitchell reported on behalf of the Public Safety Committee that the lease on the Police Department building will expire shortly. The owner has indicated a willingness to lease for a short term for $325 per month or to sell the building to the City for $45,000. He stated that the City has spent some $5,000 in improving the building and the committee recommends that staff be directed to proceed with the purchase of this property. Discussion was held concerning the committee's report. Councilman Keiser noted her agreement with the proposal of purchasing this building. Mr. Little noted that since the City has an adopted General Plan, State law requires that any acquisition of land be reviewed by the Planning Commission prior to purchase. MOTION: Mayor Mitchell moved that this matter be deferred to executive session and also that it be referred to the Planning Commission for their recommendation. The motion was seconded by Councilman Donohoo and unanimously carried. RECESS: 9:11 P.M. RECONVENED: 9:22 p.m. UNFINISHED BUSINESS B-1 Request of Chamber of Commerce for Centennial funds Mr. Terry Hulsebus, David Vienna, and Shari Nilsson explained the request of the Chamber and presented various information concerning the expenditures of the Centennial funds. Mr. Little explained that this request for funds had been brought to the Council for approval in compliance with the terms of the agreement between the City and the Chamber of Commerce. MOTION: Councilman McConaghay moved that the request for funds be granted. The motion was seconded by Councilman Donohoo and unanimously carried. B-2 County -wide Cross -Connection Control Program Mr. Little presented a report from the Director of Public Works requesting tentative approval of this program which is required by the State for all water purveyors as a precautionary measure to prevent contamination or pollution of the domestic water supply. Mr. Little noted that it would be quite costly to the City to adopt a program of its own; and recommended that the • i MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL February 9, 1971 City join the County -wide program, with the necessary funds to be provided in the 1971-72 budget. The approximate annual cost to the City would be $2,000. MOTION: Councilman Keiser moved that the Mayor and City Clerk be authorized to sign the agreement with the County for reimbursement for operation of a Cross -Connection Inspection Service to become effective July 1, 1971. The motion was seconded by Councilman McConaghay and unanimously carried. B-3 RESOLUTION NO. 10-71. RESOLUTION AMENDING RESOLUTION NO. 5-71 MOTION: Councilman Donohoo moved that Resolution No. 10-71 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 10-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 10-71. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. B-4 RESOLUTION NO. 11-71. RESOLUTION ORDERING THAT A SPECIAL ELECTION BE HELD TO CONSIDER ORDINANCE NO. 87 BANNING MOTOR VEHICLES FROM PUBLIC PROPERTY MOTION: Councilman Donohoo moved that Resolution No. 11-71 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Little read Resolution No. 11-71 'by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 11-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. B-5 Request of Mike and Katherine St. John for renewal of lease on Lease Sites No. 100, 101, 100W, and 101W Mr. Little informed the Council that the County Assessor has set the amount of $1960 as the full cash value of the improve- ments on the above lease sites. According to the basic lease, renewal may be granted for up to five years for an investment of less than $5,000. The Council may either renew the lease for a'two- year term and negotiate a new lease at the end of this period,or grant a five-year renewal of the lease. MOTION: Councilman Donohoo moved that this renewal be referred to staff to prepare the necessary documents to extend the term for an addition two years. The motion was seconded by Councilman McConaghay and unanimously carried. MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL February 9, 1971 B-6 Dock construction - Lease Site No. 10 Mr. Little requested that the Council, by minute order action, approve the construction of the proposed dock on Lease Site No. 10. Approval has been given indirectly through the granting of a lease to Mr. Maul; however, a motion from the Council will simplify the notification of the Corps of Engineers of the City's approval. MOTION: Councilman Donohoo moved that the Council approve the plans for construction of floating docks on Lease Site No. 10 with Mr. Jim Maul as tenant. The motion was seconded by Councilman Walters and unanimously carried. B-7 RESOLUTION NO. 12-71. RESOLUTION APPOINTING SPECIAL BOND COUNSEL TO PREPARE DEBT LIMIT PROCEEDINGS IN CONNECTION WITH THE PROPOSED IMPROVEMENT DISTRICT NO. 6, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA MOTION: Councilman Donohoo moved that Resolution No. 12-71 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Little read Resolution No. 12-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 12-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. RESOLUTION NO. 13-71. RESOLUTION APPOINTING ENGINEER TO PREPARE DEBT LIMIT PROCEEDINGS IN CONNECTION WITH THE PROPOSED IMPROVEMENT DISTRICT NO. 6, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA MOTION: Councilman Donohoo moved that Resolution No. 13-71 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 13-71 by title only. MOTION: Councilman Keiser moved for the adoption of Resolution No. 13-71. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. RESOLUTION NO. 14-71. RESOLUTION DIRECTION PREPARATION OF INVESTIGATION REPORT MOTION: Councilman Donohoo moved that Resolution No. 14-71 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Little read Resolution No. 14-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 14-71. The motion was seconded by Councilman Walters and unanimously carried by roll call vote. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL February 9, 1971 B-8 RESOLUTION NO. 15-71. RESOLUTION AND ORDER ABANDONING PORTIONS OF KINGS AVENUE BETWEEN QUINTANA ROAD AND PACIFIC STREET MOTION: Councilman Donohoo moved that Resolution No. 15-71 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Little read Resolution No. 15-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 15-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. B-9 Azure Street - access to public beach Mr. Little presented the report from the City Attorney which indicates that the public has direct access over the existing Azure Street to the beach; that a portion of this right of way is by virtue of prescription over the Den -bulk property, or by virtue of access over and across the northerly portion of Atascadero Beach State Park. Council members expressed their appreciation to staff members for their efforts to determine the status of this street. B-10 Planning Commission resolution designating Highway 41 as a Scenic Highway Mr. Alan Sands from Mr. Rogoway's office presented the letter and resolution from the Planning Commission recommending adoption of Highway 41 Scenic Highway Plan as part of the State Scenic Highway. The Commission also feels inclusion of City streets from State Route 1 to Morro Rock would create a continuous route from U. S. 101 to Morro Rock. MOTION: Mayor Mitchell moved that this matter be set for public hearing on March 9, 1971. The motion was seconded by Councilman McConaghay and unanimously carried. NEW BUSINESS C-1 RESOLUTION NO. 16-71. RESOLUTION APPROVING GRANT OF USE PERMIT NO. 110 TO MORRO BAY ART ASSOCIATION MOTION: Councilman McConaghay moved that Resolution No. 16-71 be read by title only. The motion was seconded by Councilman Walters and unanimously carried. Mr. Little read Resolution No. 16-71 by title only. MOTION: Councilman McConaghay moved for the adoption of Resolution No. 16-71. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL February 9, 1971 C-2 Review of proposed Harbor Ordinance Mr. Little presented a draft of the proposed ordinance for the consideration of the Council members. Council members commented briefly on the ordinance and agreed that the matter will require a great deal of study. It was suggested that the matter be placed on the agenda for the next regular meeting and people interested in the ordinance be given an opportunity to present their views and suggestions. C-3 Request of A. R. and Barbara Baynham for assignment of Lease Site No. 17 to Registered Properties Management, Inc. MOTION: Councilman Donohoo moved that staff be directed to prepare the necessary documents and resolution to effect the assignment requested by Mr. and Mrs. Baynham. The assignment is to be effective March 1, 1971, conditioned upon the conclusion of escrow. The motion was seconded by Councilman Walters and unanimously carried. C-4 RESOLUTION NO. 17-71. RESOLUTION APPROVING LOW BID FOR CHLORINE MOTION: Councilman McConaghay moved that Resolution No. 17-71 be read by title only. The motion was seconded by Councilman Walters and unanimously carried. Mr. Little read Resolution No. 17-71 by title only. MOTION: Councilman McConaghay moved for the adoption of Resolution No. 17-71. The motion was seconded by Councilman Walters and unanimously carried by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION D_1 City Council (1) Councilman Keiser reported on the recent meeting of the Transportation Committee. (2) Councilman Keiser noted she had been appointed Easter Seal Campaign Chairman for the County and requested that the Mayor proclaim March 1 through April 11, 1971 as EASTER SEAL CAMPAIGN MONTH. Mayor Mitchell agreed to do so. (3) Councilman McConaghay reported that the Public Works Committee had met with staff, as directed by the Council, to discuss dockage regulations for the City. The regulations will be drafted by staff for the consideration of the Committee. D=2 City Attorney Mr. Madden reported that Title Insurance Company has concluded the preliminary title report on the proposed exchange of property MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL February 9, 1971 with Den -bulk for the extension -of the Embarcadero. The report should be received shortly. D-3 City Administrator (1) Mr. Little presented the Expenditure Report for the period January 16 through January 31, 1971 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report. The motion was seconded by Council- man McConaghay and unanimously carried. (2) Mr. Little presented the Financial Report for the period July 1, 1970 through January 31, 1971 for the consideration of the Council. MOTION: Councilman McConaghay moved for the approval of the Financial Report. The motion was seconded by Mayor Mitchell and unanimously carried. (3) Mr. Little presented an announcement from the League of California Cities of an Institute on Labor Relations for City Officials to be held in San Francisco March 17-19, 1971. He recommended that a representative of the City be authorized to attend this meeting. MOTION: Mayor Mitchell moved that the Assistant City Administrator be authorized to attend this meeting. The motion was seconded by Councilman Keiser. Mayor Mitchell amended his motion to include authorization for the attendance of the City Administrator. The amendment was accepted by Councilman Keiser and the motion was unanimously carried. (4) Mr. Little requested that the Council hold an executive session at the close of the meeting to discuss the purchase of property for well sites. Council members agreed. CORRESPONDENCE 1. Letters addressed to the Mayor from Senator Grunsky-+and Assemblyman MacGillivray re City of Morro Bay Resolution No. 2-71 opposing closing of County Fair in Paso Robles. 2. Invitation to Council from Chamber of Commerce for Washington's Birthday Ball on February 20, 1971. 3. Notice from Coastal Valley Planning Council of Mid -Winter Seminar on Mobilehome Parks. 4. Letter from Mr. Eugene Bishop re undergrounding of utilities on Embarcadero. 5. Letter and resolution from Beverly Hills Chamber of Commerce & Civic Association re minimal requirements for nomination for elective offices in cities. MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL February 9, 1971 6. Letter and resolution from City of San Mateo re property tax relief for single family dwellings. 7. Announcement from League of California Cities of appointment of Councilman Keiser to Committee on Urban Environmental Quality and Councilman Donohoo to Committee on Public Safety. MOTION: Mayor Mitchell moved'. that the Councilapprove these appointments. The motion was seconded by Councilman Walters and unanimously carried. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Walters and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned to executive session. The motion was seconded by Councilman Walters and unanimously carried. The meeting was adjourned to executive session at 11:00 p.m. and was reconvened to regular session at 11:30 p.m. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Walters and unanimously carried. The meeting was adjourned at 11:31 p.m. Recorded by: M. J. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING January 26, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of January 12, 1971 HEARINGS, APPEARANCES, AND REPORTS A-1 Appearance of Maynard Potter re support for County Fair in San Luis Obispo County A-2 Appearance of Melvin D. McAllister of State Division of Highways concerning TOPICS (Traffic Operational Program to Increase Capacity and Safety)'Resolution approving urban area boundary map A-3 Appearance of Gary Robertshaw re dockage of boat at City pier A-4 Report on State Maintenance Yard Property A-5 Hearing on vehicle abatement UNFINISHED BUSINESS B-1 Review of Archambault claim for flood damage B-2 Special election on Ordinance No. 87 B-3 Abandonment of portions of Kings Avenue B-4 Resolution adopting a salary schedule and position classifications B-5 Report and recommendation of Planning Commission on proposal of Registered Properties Management, Inc. to lease water area north of Lease Site No. 17 B-6 Resolution exonerating bond number 530604 with General Insurance Company of America B-7 City tree planting program NEW BUSINESS C-1 Proposal of Registered Properties Management, Inc. for lease of Lease Site No. 15 C-2 Proposal from Jeff Burton and Walter Connolly for development of Lease Site No. 15 C-3 Request of Mike and Katherine St. John for lease renewal for Lease Sites No. 100, 101, 100W, and 101W C-4 Request of Corinthian Sailing Club to renew Use Permit on Lease Site No. 5 C-5 Set date for public hearing on proposed amendment to Zoning Ordinance C-6 Modification of Select System of Streets C-7 Resolution approving low bid for gasoline and diesel fuel INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT f MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 26, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Councilman McConaghay gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters, and Mayor Mitchell ABSENT: None MINUTES The minutes of the regular meeting of January 12, 1971 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman McConaghay and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS A-1 Appearance of Maynard Potter re support for County Fair in San Luis Obispo County Mr. Potter explained to the Council that the possibility of consolidating many county fairs throughout California is now being considered, including the consolidation of the San Luis Obispo County Fair with the Santa Barbara County Fair. He cited numerous reasons why this consolidation would not be advantageous to the county, and requested Council support of the continuance of the San Luis Obispo County Fair in Paso Robles. RESOLUTION NO. 2-71. RESOLUTION IN OPPOSITION TO THE CLOSING OR CONSOLIDATION OF THE 16TH AGRICULTURAL DISTRICT FAIR Mr. Madden read Resolution No. 2-71 in its entirety. MOTION: Councilman Donohoo moved that Resolution No. 2-71 be adopted. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. A-2 Appearance of Melvin D. McAllister of State Division of Highways concerning TOPICS (Traffic Operational Program to Increase Capacity and Safety) RESOLUTION NO. 3-71. RESOLUTION APPROVING URBAN AREA BOUNDARY MAP Mr. McAllister explained the funding program for streets which can be available to the City through TOPICS. The first step toward securing such funds is the establishment of Morro Bay as an urban area. It will also be necessary for the City to engage a consultant to correlate the City's program with that of other agencies throughout the County. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 26, 1971 Page Two MOTION: Councilman Donohoo moved that Resolution No. 3-71 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Little read Resolution No. 3-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 3-71. The motion was seconded by Mayor Mitchell and unanimously carried by roll call vote. A-3 Appearance of Gary Robertshaw re dockage of boat at City Pier Mr. Robertshaw explained that he had docked his boat for repairs at the City pier without prior permission from the City. He was notified by the Harbor Department that the boat must be removed because it was a derelict and was endangering other boats at the pier. He was then informed by the City Administrator that before the boat could be docked at the pier, he must present proof of ownership, proof of financial resources sufficient for the rebuilding of the boat, and the statement from someone knowledgeable in the field that the boat could be rebuilt into a seaworthy vessel. Since Mr. Robertshaw failed to comply with these requirements, his boat was removed from the pier and tied to a mooring in the bay. Mr. Robertshaw cited other instances where boats were allegedly allowed to dock at the pier while making major repairs. He felt that since the City has no written regulations for this matter, he should be allowed to use the City pier while repairing his boat. Mr. Little explained that he had imposed these conditions for dockage of the boat because of the probability of the boat sinking and endangering other vessels which are often tied three and four abreast at the City pier. He stated that boats have been built from hulls while tied at the pier, however, these hulls were sea- worthy. He informed the Council that Mr. Joseph Giannini has inspected this boat and feels it is dangerous and cannot be rebuilt into a seaworthy vessel. Council members stated they felt that specific regulations should be adopted to govern the dockage of boats at the pier. Councilman Donohoo noted that the proposed harbor ordinance should include provisions for regulating dockage at the pier. MOTION: Councilman Donohoo moved that this matter be referred to the Public Works Committee to consult with staff to determine a solution to this matter. The motion was seconded by Mayor Mitchell and unanimously carried. A-4 Report on State Maintenance Yard Property Mr. Little presented a tentative development plan for this property, prepared at the direction of the Council, showing how the parcel could be used for a civic center. He noted that the State Division of Highways has requested an indication from the City by January 31 concerning the purchase of the property. Mayor Mitchell noted that he felt this would be a beautiful location for a civic center complex; however, the price is excessive. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL January 26, 1971 Councilman Donohoo stated he felt'.the be derelict in their duties if they did not opportunity to purchase this property. Council members would take advantage of the MOTION: Councilman McConaghay moved that the City advise the State Division of Highways that the City has no interest in this property. The motion was seconded by Mayor Mitchell and carried by voice vote with Councilman Donohoo voting "no". A-5 Hearing on vehicle abatement Mr. Little explained that a hearing has been scheduled for the abatement of a 1951 Kaiser registered to Mr. Floyd Allen. Mayor Mitchell declared the hearing open at 8:44 p.m. Mr. Allen was present and explained to the Council that he was endeavoring to sell this vehicle. Mayor Mitchell declared the hearing closed. MOTION: Mayor Mitchell moved that this matter be continued for sixty days,at the end of which time the City Administrator be authorized to have the vehicle removed in accordance with the City Vehicle Abatement Ordinance. The motion was seconded by Councilman Donohoo and unanimously carried. UNFINISHED BUSINESS B-1 Review of Archambault claim for flood damage Mr. Little explained that action on this claim had been deferred until further information could be obtained from the City's insurance agent. Two Council members have viewed the site of the damage, along with the _Acting Public Works Director and the City's insurance adjuster. The City also has received a letter from the insurance company stating that the claim is not valid and recommending its denial by the City Council. Mrs. Archambault reiterated her claim that the water coming from Avalon and Ironwood Streets caused the flood damage to her property. MOTION: Mayor Mitchell moved that the claim of Mrs. Archambault be denied. The motion was seconded by Councilman Donohoo and unanimously carried. B-2 Special election on Ordinance No. 87 Mr. Little reported to the Council that it will be possible to combine the City's special election with the election of the San Luis Coastal Unified School District to be held April 20, 1971, at a savings of almost half the cost of an election for the City. He stated that if the Council feels this consolidation would be advantageous, it will be necessary to adopt the following resolutions: MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL January 26, 1971 RESOLUTION NO. 4-71. RESOLUTION REQUESTING THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT TO CONSOLIDATE THE CITY OF MORRO BAY SPECIAL ELECTION WITH THE SCHOOL DISTRICT ELECTION TO BE HELD ON APRIL 20, 1971 RESOLUTION NO. 5-71. RESOLUTION REQUESTING THE SAN LUIS OBISPO COUNTY SUPERINTENDENT OF SCHOOLS TO CONSOLIDATE THE CITY OF MORRO BAY SPECIAL ELECTION WITH THE BIENNIAL GOVERNING BOARD MEMBER ELECTION TO BE"HELD ON APRIL 20, 1971 MOTION: Councilman Donohoo moved that Resolution No. 4-71 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Little read Resolution No. 4-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 4-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. MOTION: Councilman Donohoo moved that Resolution No. 5-71 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 5-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 5-71. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. RECESS: 9:11 P.M. RECONVENED: 9:25 p.m. B-3 Abandonment of portions of Kings Avenue Mr. Little requested that this matter be deferred until the meeting of February 9 in order that staff may confer further with the City Engineer. Council members agreed to defer this matter. B-4 RESOLUTION NO. 6-71. RESOLUTION ADOPTING A SALARY SCHEDULE AND POSITION CLASSIFICATIONS, ASSIGNING CITY EMPLOYEES TO CLASSIFICATIONS AND SALARY STEPS WITHIN THE RESPECTIVE RANGES OF THE SALARY SCHEDULE, DESCRIBING METHODS OF ADVANCEMENT, AND REPEALING PREVIOUS SALARY RESOLUTIONS. MOTION: Councilman Donohoo moved that Resolution No. 6-71 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Little read Resolution No. 6-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 6-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. E MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL January 26, 1971 B-5 Report and recommendation of Planning Commission on proposal of Registered Properties Management, Inc. to lease water area north of Lease Site No. 17* Mr. Little displayed a drawing showing the existing and the proposed facilities for this Lease Site. He presented the report and recommendation of the Planning Commission that this proposal be approved by the Council on the following conditions: (1) A maximum lease term of twenty years, with all improve- ments to be removed at any time the City requires the area for improvements. (2) Improvements to be constructed to the configuration shown in the exhibit submitted. (3) Improvements to meet the approval of the Department of Public Works and the Fire Department. (4) Installation of a holding tank evacuation facility within five years. MOTION: Councilman Donohoo moved that the City Council adopt the recommendation of the Planning Commission, changing condition (4) to provide for the installation of a holding tank evacuation facility within three years; and that the City Administrator and City Attorney be directed to negotiate with Mr. Cohen for the necessary lease. The motion was seconded by Councilman Walters and unanimously carried. B-6 RESOLUTION NO. 7-71. RESOLUTION EXONERATING BOND NUMBER 530604 WITH GENERAL INSURANCE COMPANY OF AMERICA MOTION: Councilman Donohoo moved that Resolution No. 7-71 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 7-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 7-71. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. B-7 City tree planting program Mr. Little stated that during 1967 the City set a price of $22.50 for the cutting of sidewalk and forming a tree well for the downtown business district. Since that time, the City has assumed the total cost of the tree planting program. A request for refund has been received from one businessman who spent some $90 to have tree wells installed. Mr. Little requested that the Council deter- mine if this money may be refunded. Mr. Madden stated that a refund such as this would not be proper. Council members agreed. Mr. Little also noted that a businesswoman has refused to allow the City to install a tree in front of her business. He asked if the property owner should be given a chance to appeal to the City Council. 0 MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL January 26, 1971 Council members'suggested that Mr. Little contact this person and explain the city tree planting program and the necessity for all businessmen to cooperate if the program is to be successful. NEW BUSINESS C-1 Proposal of Registered Properties Management, Inc. for lease of Lease Site No. 15 C-2 Proposal from Jeff Burton and Walter Connolly for development of Lease Site No. 15 Mr. Little presented the proposals for the development of this property, recommending that these plans be referred to the Planning Commission. MOTION: Councilman McConaghay moved that both these matters be referred to the Planning Commission. The motion was seconded by Councilman Donohoo and unanimously carried. C-3 Request of Mike and Katherine St. John for lease renewal for Lease Sites No. 100, 101, 100W, and 101W Mr. Little informed the Council that this "County -type" lease will expire shortly. Under the terms of the existing lease, the primary term may be extended for an additional period of time, depending upon the value of the improvements on the lease site. He suggested that staff be directed to contact the County Assessor to determine the value of the improvements and make recommendations to the Council concerning the term of the lease extension. MOTION: Councilman Donohoo moved that staff be authorized to contact the County Assessor as recommended by the City Administrator. The motion was seconded by Councilman McConaghay and unanimously carried. C-4 Request of Corinthian Sailing Club to renew Use Permit on Lease Site No. 5 Mr. Little informed the Council that this property was committed to Mr. Lawrence Carver as a result of the settlement of the Pipkin litigation; however, it has been used by the Corinthian Sailing Club, by permission of Mr. Carver, under a yearly Use Permit Agreement. Mr. Carver is now deceased and his successors have no interest in the property. He recommended that the Council renew the Use Permit for the period commencing July 1, 1970 and ending June 30, 1971 and review the matter at the expiraticnof the agreement. MOTION: Mayor Mitchell moved that the Use Permit Agreement be renewed to the Corinthian Sailing Club to end June 30, 1971. The motion was seconded by Councilman Donohoo and unanimously carried. C-5 Set date for public hearing on proposed amendment to Zoning Ordinance �J MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL January 26, 1971 Mr. Little presented the Planning Commission Resolution recommending that the Council consider an amendment to the Zoning Ordinance to provide for a rezoning in Lots 8, 9, 10, 11, 12, and 21 of Block 2-D in Atascadero Beach Tract. He requested that the Council set the date of February 9, 1971 for a public hearing to consider this amendment. MOTION: Councilman Donohoo moved that a public hearing be held by the Council on February 9th to consider the proposed amendment to the Zoning Ordinance. The motion was seconded by Mayor Mitchell and unanimously carried. C-6 RESOLUTION NO. 8-71. RESOLUTION ADOPTING MAP AND REPORT OF ROUTES FOR SELECT SYSTEM AND REQUESTING THAT SUCH SYSTEM BE APPROVED BY THE STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS Mr. Little displayed the map showing the proposed modifications to the Select System of Streets for the City. MOTION: Councilman Donohoo moved that Resolution No. 8-71 be read by title only. The motion was seconded by Councilman Walters and unanimously carried. Mr. Little read Resolution No. 8-71.by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 8-71. The motion was seconded by Councilman Walters and unanimously carried by roll call vote. C-7 RESOLUTION NO. 9-71. RESOLUTION APPROVING LOW BID FOR GASOLINE AND DIESEL FUEL MOTION: Councilman Donohoo moved that Resolution No. 9-71 be read by title only. The motion was seconded by Councilman Walters and unanimously carried. Mr. Little read Resolution No. 9-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 9-71. The motion was seconded by Mayor Mitchell and unanimously carried by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser questioned the status of the extension of the Embarcadero. Mr. Madden reported that the title report necessary for the property exchange should be received shortly. (2) Councilman Keiser noted difficulties with cable television reception. Don Brown, Planning Commission Chairman and Council liason with Central California Communications Corporation, stated he will review C.C.C.C. plans for reconstruction of the cable television system for Morro Bay and will then present a report to the City Council. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 26, 1971 Page Eight (3) Councilman Keiser reported on a meeting of the California Regional Medical Program Committee which she and Mrs. Esther Schwarzenbach had attended recently. (4) Mayor Mitchell stated he had received a request from the Highway Safety Committee for appointment of a Council member to serve on the committee. He appointed Councilman McConaghay to serve in this capacity. MOTION: Councilman Donohoo moved that this appointment be con- firmed by the Council. The motion was seconded by Councilman Walters and unanimously carried. (5) Mayor Mitchell stated that, on the recommendation of the Mayors of the incorporated cities within the County of San Luis Obispo, Morro Bay had adopted a resolution requesting that the County Planning Commission be appointed Airport Land Use Commission for the County. However, the Mayors of the three cities having airports have since indicated concern over this appointment and are requesting that the City now indicate to the Board of Supervisors that since the County Planning Commission has a large work load and since the land use at airports is so vital, this function should be given to a separate and distinct commission. He suggested that the staff be directed to direct a letter to the Board of Supervisors indicating the City now feels that the Airport Land Use Commission should be established separate from the County Planning Commission. MOTION: Councilman Donohoo moved that the City Administrator be instructed to write a letter to the Board of Supervisors expressing the feeling of the City in this matter. The motion was seconded by Mayor Mitchell and unanimously carried. (6) Mayor Mitchell expressed the appreciation of the City for the displays created by Cal Poly architectural students showing various plans for a stairway at the end of Morro Bay Boulevard. D=2 City Attorney Mr. Madden reported that on Friday, January 22, Judge Clark made his ruling on the motion for dismissal of the Pipkin case. His ruling approved the motion for dismissal of this suit which had been made by the City, County and State. D-3 City Administrator (1) Mr. Little presented the Expenditure Report for the period January 1':th':ough January 15, 1971 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report. The motion was seconded by Mayor Mitchell and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 26, 1971 Page Nine (2) Mr. Little presented the Financial Report for the period July 1, 1970 through December 31, 1970 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Report. The motion was seconded by Councilman Keiser and unanimously carried. CORRESPONDENCE 1. Cards and ballots indicating support of vehicle ban on City beaches. 2. Letter from Mrs. Tomasovich expressing appreciation for use of Recreation Hall for a meeting of the Women of the Moose Lodge. 3. Resolution from City of San Mateo memorializing the California Legislature to provide meaningful tax relief for the homeowner by enacting legislation for tax feform which embodies a balanced revenue program to meet the ongoing needs of cities. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman McConaghay and unanimously carried. ADJOURNMENT MOTION: Mayor Mitchell moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting was adjourned at 10:32 p.m. Recorded by: M. J. LITTLE, City Clerk By: Carolyn L. Wentzell Deputy City Clerk 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING January 12, 1971 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of December 22, 1970 2. Executive meeting of December 22, 1970 3. Special meeting of January 4, 1971 4. Executive meeting of January 4, 1971 HEARINGS, APPEARANCES, AND REPORTS A-1 Public hearing on vacation of portion of Kings Avenue between Quintana Road and Pacific Street A-2 Report of certification by City Clerk of petition against Ordinance No. 87 A-3 Appearance of representatives of committee in opposition to Ordinance No. 87 A-4 Appearance of representatives of Registered Properties Management, Inc. concerning possibility of leasing additional water area adjacent to Morro Bay Marina A-5 Report of committee appointed to review request of Charles Ogle to purchase City property UNFINISHED BUSINESS B-1 Verified claim of Mrs. Pearl Hoskins for personal injury B-2 Approval of Maul lease B-3 Appointment of bond counsel and engineer for Improvement District No. 6 NEW BUSINESS C-1 Verified claim of Mrs. Mary Archambault for flood damage C-2 Request of Golden Tee for additional tidelands lease C-3 Lease of police building C-4 Memorandum of Understanding between the Morro Bay Police Officers' Association and the City of Morro Bay INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ADJOURNMENT 11 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 12, 1971 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Rev. George Wood of the Assembly of God Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters, and Mayor Mitchell ABSENT: None MINUTES The minutes of the regular meeting of December 22, 1970, the executive meeting of December 22, 1970, the special meeting of January 4, 1971, and the executive meeting of January 4, 1971 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman Keiser and unanimously carried. HEARINGS, APPEARANCES, AND REPORTS A-1 Public hearings on vacation of portion of Kings Avenue between Quintana Road and Pacific Street Mr. Little displayed a map showing the portions of Kings Avenue under consideration for vacation to reduce the present 100' right of way to the standard 60' right of way. Mayor Mitchell declared the public hearing open at 7:34 p.m. Comments were heard from George Almand and from Dan Stack who questioned the advantages of the abandonment. Mayor Mitchell declared the public hearing closed at 7:37 p.m. MOTION: Councilman Donohoo moved that the City Council abandon portions of Kings Avenue and direct staff to prepare the necessary resolution for adoption at the next Council meeting. The motion was seconded by Councilman McConaghay and unanimously carried. A-2 Report of certification by City Clerk of petition against Ordinance No. 87 Mr. Little informed the City Council that the referendum petition presented to the City on December 9, 1970 protesting the adoption of Ordinance No. 87 has been examined by the City Clerk and certified to be valid, containing the required number,of signatures to suspend the ordinance. Mr. Madden informed the Council that in accordance with MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL January 12, 1971 Section 4052 of the Elections Code of the State of California, the City Council must now repeal the ordinance or submit the issue to the voters. If the Council determines to submit the issue to the voters, it may do so at the next regular municipal election in April of 1972 or at a special election. A special election must be held within sixty to seventy-five days from the date it is ordered by the Council. He also stated the Council may not repeal this ordinance and then adopt.an amended ordinance. There being no objections from the Council members, Mayor Mitchell requested that Item A-3 "Appearance of representatives of the committee in opposition to Ordinance No. 87" be heard at this time. Mrs. Betty Rivers presented the following suggestions for the consideration of the Council: (1) Close beach to vehicle traffic between Morro Rock and Morro Creek. (2) Enforce existing speed limit. (3) Adopt new laws controlling unsafe driving practices on the beach. (4) Post all beach entrances and exits to inform people that the area is patrolled and laws enforced. Councilman Keiser reiterated the alternatives before the Council at this time, none of which include the suggestions of the committee. She noted the need for safety for all people on the public beaches. MOTION: Councilman Keiser moved that staff be directed to prepare a resolution for adoption at the next regular meeting calling a special election. The motion was seconded by Councilman Donohoo. Mr. Little informed the Council that the cost of such an election would be approximately $1200. Mayor Mitchell noted his concurrence with the need to call a special election. He stated that election costs would be insignificant compared to the possible injury or loss of life which might occur on the beach between now and the next regular municipal election. He also stated that ten percent of the voters should not be allowed to suspend legislation which may be supported by the majority of voters in the City. Comments were heard from Joseph Giannini, Harry Cook, Katie Gauss, Hurlen Merriman, and Mrs. Richard Clarke in opposition to Ordinance No. 87. Comments were heard from Wayne Bickford (on behalf of the Morro Coast Audubon Society), Mrs. Vern Davey, and Mrs. Kit Walling in favor of Ordinance No. 87. The motion was unanimously carried by roll call vote. 1 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 12, 1971 Page Three RECESS: 8:15 p.m. RECONVENED: 8:26 p.m. A-4 Appearance of representatives of Registered Properties Management, Inc. concerning possibility of leasing additional water area adjacent to Morro Bay Marina Mr. Dick Cohan and Mr. Baxter of Registered Properties Management, Inc. presented their development plans for the street end area adjacent to Lease Site No. 17. Plans include the improve- ment of the present pier for public access to the water and to serve as a Coast Guard Auxiliary Boat Inspection Center. An additional, larger pier would be constructed as a marine service center for fueling of small boats. Councilman Keiser suggested that, since the City General Plan provides for public fishing piers at each street end on the Embarcadero, this matter be referred to the Planning Commission for their recommendation concerning changing the plan to allow this use. MOTION: Councilman Keiser moved that this matter be referred to the Planning Commission for their perusal of the plan to determine if it would be a proper use for the area. The motion died for the lack of a second. Mr. Cohan informed the Council that the purchase of the Baynham lease is now in escrow, contingent upon the approval of the City for the use of the water area adjacent to Lease Site No. 17. Mr. Little noted that the City does not have adequate fueling facilities for small boats. He also noted that all matters involving improvements to the waterfront must be considered by the Planning Commission. Mayor Mitchell explained that the Council was not necessarily opposed to the plan, but felt the Planning Commission should review the proposal and report to the Council concerning the desirability of this use. MOTION: Councilman Keiser moved that this matter be referred to the Planning Commission. The motion was seconded by Mayor Mitchell and unanimously carried. A-5 Report of committee appointed to review request of Charles Ogle to purchase City property Mr. Little reported that the committee, consisting of Councilmen Keiser and Walters, the City Attorney, and the City Administrator, had met, considered this request, and recommends that the City Administrator and City Attorney meet with Mr. Ogle to negotiate a possible exchange of property, subject to approval of the Council. Council members had no objection to this plan. UNFINISHED BUSINESS MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL January 12, 1971 B-1 Verified claim of Mrs. Pearl Hoskins for personal injury Mr. Little presented the verified claim of Mrs. Hoskins, noting that this claim had been presented to the Council earlier, but had not been properly verified. MOTION: Councilman Donohoo moved that the claim be rejected. The motion was seconded by Mayor Mitchell and unanimously carried. B-2 Approval of Maul lease Mr. Little informed the Council that negotiations have been completed with Mr. James Maul for a lease on City Lease Site No. 10 in accordance with instructions of the City Council. He noted the lease term would be thirty-five years; permitted uses are rentals derived from operation of an arcade -type building to be occupied by artisans producing and selling their own wares, plus allied subsidiary uses including a restaurant with sale of beer and wine, rental of boat slips, and rental of suites of professional offices above the ground floor; and lease rental will be twelve percent of all rentals charged or a minimum guaranteed rental of $1155.10 per year, whichever is greater. Rental will be adjusted yearly according to the change in the Consumer Price Index. RESOLUTION NO. 1-71. RESOLUTION AUTHORIZING GRANT OF LEASE TO JAMES H. AND BEVERLY W. MAUL, HUSBAND AND WIFE MOTION: Councilman Donohoo moved that Resolution No. 1-71 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Little read Resolution No. 1-71 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 1-71. The motion was seconded by Mayor Mitchell and unanimously carried by roll call vote. B-3 Appointment of bond counsel and engineer for Improvement District No. 6 Mr: Little presented his recommendations for the above appointments. MOTION: Councilman McConaghay moved that the firm of Sturgis, Den -bulk, Douglass, and Anderson be appointed bond counsel and the firm of Garing, Taylor & Associates be appointed engineers for Improvement District No. 6, with engineering fees not to exceed $1500 to bring the project to the debt limit proceedings. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO Regular Meeting Page Five NEW BUSINESS BAY CITY COUNCIL January 12, 1971 C-1 Verified claim of Mrs. Mary Archambault for flood damage Mr. Little presented the verified claim of Mrs. Mary V. Archambault in the amount of $400 for flood damage to her home. Mr. Doug Stuart, Acting Director of Public Works, displayed a map showing the property in question and explained the flooding problem. He stated that the vacant lot adjacent to the Archambault property on the easterly side is a minimum of twelve inches higher than the floor lever of the Archambault home. The Archambaults have previously maintained a drainage channel between their home and the vacant lot to accommodate the seepage from the higher level, but failed to do so this year. Mr. Stuart informed the Council that water collecting on Ironwood Avenue follows a ditch made by property owners in the area to channel the water to Hillview Street. This drainage channel was inspected by City staff several times after the reported damage to Mrs. Archambault's home, and at no time did the channel over- flow on any private property. The City staff is therefore convinced that the flooding damage to the Archambault property was a result of the seepage from the adjacent private property and is not the responsibility of the City. Mr. Stuart also explained various steps being taken by the City to eliminate the possibility of any future flooding which might be the result of the run-off from Avalon and Ironwood into the drainage ditch. After lengthy discussion concerning the City's responsibility in this matter, and comments from Mrs. Archambault concerning her feeling that the flooding was caused by the run-off from Avalon and Ironwood, Council members directed staff to contact the City's insurance adjuster and determine his feelings concerning responsibility for the damage. C-2 Request of Golden Tee for additional tidelands lease Mr. Little presented the request of the Golden Tee for an additional lease to provide a parking lot to accommodate a proposed addition to the motel facilities and to enlarge the present marina. Mr. Little recommended that if the Council approves this proposal, a lease be granted only after Corps of Engineers approves the project. MOTION: Councilman Donohoo moved that the request of the Golden Tee for an additional lease be approved in concept, subject to approval by the Corps of Engineers. The motion was seconded by Councilman Walters and unanimously carried. C-3 Lease of police building Mr. Little informed the Council that the lease for the police building will expire June 1, 1971. The owner, Mr. John G. Fox, has indicated he would be willing to renew the lease at $325 per month for a term of two or three years. He has indicated a willingness to sell the building, but has not set a selling price. 41 MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL January 12, 1971 Mayor Mitchell suggested that the cost of moving the police facility be determined, the availability of another building, and the cost of such a building. MOTION: Mayor Mitchell moved that this matter be referred to the Public Safety Committee for report back to the Council. The motion was seconded by Councilman Keiser and unanimously carried. C-4 Memorandum of Understanding between the Morro Bay Police Officers' Association and the City of Morro Bay Mr. Little presented the Memorandum of Understanding, prepared as a result of negotiations with representatives from the Morro Bay Police Officers' Association, for the approval of the Council. The term of the memorandum is from January 1, 1971 through June 30, 1971 and the agreement provides for a four percent salary increase for officers below the rank of Captain, effective January 1, 1971. MOTION: Councilman Donohoo moved that the Council approve the Memorandum of Understanding submitted by the City Administrator. The motion was seconded by Councilman Walters. Councilman McConaghay stated he agreed with the principle of the negotiations; however, he could not agree with the pay raise at this time. Mayor Mitchell stated that this matter has been negotiated for some time, at the direction of the Council, and has received serious consideration by the Council members. Roll call vote on motion: AYES: Councilmen Donohoo, Keiser, Walters, and Mayor Mitchell NOES: Councilman McConaghay The motion was carried. MOTION: Councilman Donohoo moved that the wage increase negotiated and approved for the Police Officers' Association be made applicable to all full-time City employees. The motion was seconded by Councilman Keiser and carried on the following roll call vote: AYES: Councilmen Donohoo, Keiser, Walters, and Mayor Mitchell NOEW: Councilman McConaghay INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council Council members had nothing to present at this time. 41 MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL January 12, 1971 D_2 City Attorney Mr. Madden had nothing to report at this time. D-3 City Administrator (1) Mr. Little presented the Expenditure Report for the period December 15 through December 31, 1970 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report. The motion was seconded by Councilman Keiser and unanimously carried. (2) Mr. Little presented an announcement from the League of California Cities concerning the annual City Managers' Meeting to be held in San Jose February 24-26. He requested authorization to attend this meeting. MOTION: Councilman McConaghay moved that the City Administrator be authorized to attend this meeting. The motion was seconded by Councilman Donohoo. Councilman Keiser suggested that the Assistant City Admin- istrator also be authorized to attend this meeting. Councilman McConaghay amended his motion to include authorization for the attendance of the Assistant City Administrator at this meeting. The amendment was accepted by Councilman Donohoo and the motion was unanimously carried. (3) Mr. Little presented the parade entry blank for the 25th Annual Clam Festival to be held February 5-7 in Pismo Beach. CORRESPONDENCE 1. Letters from William H. Walling, Evelyn Ginsburg, and Mr. and Mrs. Des Jardin supporting the Council's action in banning vehicles from the beach. 2. Letter and copy of resolution from City of San Leandro concerning need for mandatory automobile safety flare legislation. 3. Letter and resolution from Sportsmen's Council of Central California re "closure of a public beach." MOTION: Councilman McConaghay moved that the correspondence be filed. The motion was seconded by Councilman Walters and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting was adjourned at 9:59 p.m. Recorded by: Carolyn W. Wentzell, Deput City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Monday, January 4, 1971, at 7:00 p.m. in the Conference Room of City Hall, 595 Harbor Street, Morro Bay, California, to consider personnel matters. DATED: December 28, 1970 DALE C. MITCHELL, Mayor City of Morro Bay, California By. M. TLE City Clerk ! q MINUTES - MORRO BAY CITY COUNCIL Special Meeting January 4, 1971 7:00 p.m. City Hall Conference Room The meeting was called to order at 7:00 p.m. by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay, Walters, and Mayor Mitchell ABSENT: None MOTION: Councilman Keiser moved that the meeting be adjourned to executive session to interview applicants for Planning Commissioner. The motion was seconded by Councilman Walters and unanimously carried. The meeting was adjourned to executive session at 7:05 p.m. and reconvened to regular session at 9:55 p.m. MOTION: Councilman Keiser moved that E. V. Greenelsh and Ruth Woll be reappointed to the Morro Bay Planning Commission for four-year terms. The motion was seconded by Councilman Donohoo and unanimously carried. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Walters and unanimously carried. Recorded by: M. L ATTLE,y Clerk