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HomeMy WebLinkAboutJanuary to December (4)NOTICE OF ADJOURNED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an adjourned regular meeting on Saturday, December 15, 1973, at 9:00 a.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider applicants for Planning Director. DATED: December 13, 1973 DALE C. MITCHELL, Mayor City of Morro Bay; California By . WARDEN, City Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting December 15, 1973 - 9:00 a.m. City Hall Conference Room The meeting was called to order at 9:00 a'.m. by Mayor Mitchell. PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None Mayor Mitchell stated that this meeting, had been called for the purpose of interviewing applicants for the position of Planning Director for the City of Morro Bay. MOTION: Councilman Donohoo moved that the meeting adjourn to executive session for the purpose of interviewing Planning Director applicants. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned to executive session at 9:02 a.m. and returned to regular session at 10:44 a.m. There was discussion regarding the Corps of Engineers' letter received December 14, 1973, addressing the dredging of the Morro Bay Harbor. MOTION.: Councilman Donohoo moved that Council support the dredging of Morro Bay Harbor by the Corps of Engineers and require the Corps to do that which they are required to do by present law. The motion was seconded by Councilman Jennings and unanimously carried. MOTION: Councilman Donohoo moved that the Council return to executive session to continue the interviewing of,applicants for Planning Director. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned to executive session at 11:22 a.m. and returned to regular session at 12:23 p.m. MOTION: Councilman Donohoo moved that the meeting be adjourned for lunch. The motion was seconded by Councilman Jennings and unanimously carried. RECESS: 12:23 p.m. RECONVENED: 1:41 p.m. MOTION: Councilman Donohoo moved that the meeting adjourn to executive session to continue the interviewing of applicants for Planning Director. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned to executive session at 1:42,,.p.m. and returned to regular session at 3:45 p.m. There was discussion by the Council regarding the applicants interviewed. It was felt that Mr. James E. Nuzum was the best 0 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting - December 15, 1973 Page Two candidate for the position and that he should be hired at Range 39, Step 4. MOTION: Councilman Donohoo moved that Mr. James E. Nuzum be hired as Planning Director for the City of Morro Bay at Range 39, Step 4, and that the City Administrator be directed to so notify him. The motion was seconded by Councilman Jennings and unanimously carried. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned at 3:48 p.m. RECORDED BY: M. L. WARDEN City Clerk By: C Aa �� Ardith Davis Deputy City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HERBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, December 10, 1973, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider whether the public necessity, health, safety, or welfare requires the formation of an under- ground utility district in the area bounded by Harbor Street on the north, Market Avenue on the west, Pacific Street on the south and Napa Avenue on the east, Morro Bay, California, at which said hearing any person interested may appear and express his views for, against or in modification of said underground utility district. DATED: November 21, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M. L. WARDEN, Cit lerk i 9 L1 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING December 10, 1973 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 26, 1973 HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of representatives of Powers -Wells, Inc. requesting release of $25,OOO cash bond A-2 Public hearing on proposed Underground Utility District No. 2 A-3 Hearing on vehicle abatement UNFINISHED BUSINESS B-1 Resolution applying for participation in the National Flood Insurance Program B-2 Resolution identifying the building permit system and review procedure with regard to hazardous flood areas B-3 Resolution calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, March 5, 1974, for the election of certain officers and for the submission of a measure relating to the construction of a road with a bridge across Morro Creek to connect the southerly and northerly portions of Embarcadero Road B-4 Consideration of the Harbor Ordinance NEW BUSINESS C-1 Consideration of claim of Mrs. Ray Berg for damages C-2 Consideration of County Animal'Control Program C-3 Resolution authorizing an agreement with the Security First National Bank, Morro Bay, for storage of microfilm records C-4 Consideration of mini -computer system INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence • °0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 10, 1973 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 Dudley Johnson of the United Methodist Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None MINUTES The minutes of the regular meeting of November 26, 1973, were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of representatives of Powers -Wells, Inc. requesting release of $25,000 cash bond Mayor Mitchell stated that he had received word that the re- presentatives of this firm were unable to be present at this evening's meeting and had requested that this matter be continued until the first meeting in January. Staff was directed to schedule this matter for January 14, 1973. A-2 Public Hearing on proposed Underground'Utility District No. 2 Mr. Warden outlined the proposed boundaries of this district. He stated that Council approval of the proposed district was necessary so that the engineering can be completed and the definite boundaries established. Mayor Mitchell opened the public hearing at 7:35 p.m. and called for presentations from the public for or against the proposed Under- ground Utility District. Chad Hortin and Clarence Texeira spoke against the undergrounding of utilities. Comments were also heard from Mary Phillips, Dudley Johnson and Katherine Bell. Mr. Warden stated that he had received a call from Eleanore Kolb who had expressed her support of undergrounding utilities and a letter from Marvin Cothran who was opposed to the undergrounding. Mr. Warden proceeded to explain that the funds for this under - grounding come from the utility companies and the property owner pays only for the cost of installation from the city right-of-way to his establishment. Mayor Mitchell closed the hearing at 7:50 p.m. and turned the MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - December 10, 1973 Page Two matter over to Council for discussion. Councilman McConaghay stated that there had been two previous committee meetings where the property owners in the proposed district were invited to attend to discuss this matter. He had attended one of these meetings which was well represented by the property owners. At that time, there had been only two dissenting votes against the proposed district. He felt that the majority of the property owners involved were in favor of undergrounding utilities in this area. Mayor Mitchell agreed. MOTION: Mayor Mitchell moved that Council make a determination to establish the underground utility district and take the necessary steps to do so as outlined in Resolution No. 73-73. The motion was seconded by Councilman Donohoo. Councilman McConaghay stated that he would abstain from voting in this matter since he is a property owner in the proposed district. The motion was carried with Councilman McConaghay abstaining. A-3 Hearing on vehicle abatement Mayor Mitchell stated that two vehicles were scheduled for abatement consideration; a 1964 Ford and a 1962 Mercury. He declared the hearing open at 7:55 p.m. and called for presentations with regard to these vehicles. Mrs. Dunham informed the Council that the 1964 Ford had been moved and is in her garage. Mr. Souza, registered owner of the 1962 Mercury, stated that the vehicle had been sold some time ago to Mrs. Dunham. Mrs. Dunham stated that she had also sold that vehicle and it is now parked in the street pending the new owner's removal of it. It was noted that if the vehicle is not removed within 72 hours, it will be towed away for illegal parking at the owner's expense. The vehicles being thus disposed, no further action was taken. UNFINISHED BUSINESS B-1 RESOLUTION NO. 79-73. Resolution applying for participation in the National Flood Insurance Program Mr. warden explained that the Federal Government has provided that certain flood -prone areas in the country can be eligible for low cost flood insurance. The proposed resolutions must be forwarded to the Federal Government before December 31, 1973, for eligibility in the program. The first resolution applies for participation in the National Flood Insurance Program and the second provides for Building Permit review procedure with regard to hazardous flood areas. MOTION: Councilman Donohoo moved that Resolution No. 79-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. • C� MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL - December 10, 1973 Mr. Warden read Resolution No. 79-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 79-73. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. B-2 RESOLUTION NO. 80-73. Resolution identifying the building permit system and review procedure with regard to hazardous flood areas MOTION: Councilman Donohoo moved that Resolution No. 80-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 80-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 80-73. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. B-3 RESOLUTION NO. 81-73. Resolution of the City Council of the City of Morro Bay, California, calling and giving notice of the holding of a General Municipal Election to be held in said city on Tuesday, the 5th.day of March, 1974, for the election of certain officers of said city as required by the provisions of the laws of the State of California relating to General Law Cities and for the submission to the qualified electors of said city of a certain question, proposition or measure relating to the construction of a road with a bridge across Morro Creek to connect the southerly and northerly portions of Embarcadero Road. MOTION: Councilman Donohoo moved that Resolution No. 81-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 81-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 81-73. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. Mr. Warden informed the Council that legislation with regard to the extension of filing date for Council candidates „ except in- cumbents, would not apply to the March 5th election. The final filing date, therefore, for all candidates is December 27, 1973, noon. B-4 Consideration of the Harbor Ordinance Mr. Warden stated that the ordinance before the Council now is basically the same as that which has been discussed over the past two years. The two areas, however, which need Council determina- tion as to policy are moorings and live-aboards. The Harbor Committee has proposed two alternatives for each of these. MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL - December 10, 1973 In the case of mooring policy, the original proposal provides for a commercial operator to be allowed to lease a portion of the mooring zones, while the alternate proposal does not. With regard to live-aboards, the original proposal provides that individuals may live aboard a vessel under certain conditions, while the alternate proposal does not allow live-aboards at all. Mr. Warden stated that there had been some concern in the committee meetings as to a commercial operator buying mooring spaces from in- dividuals. He felt that the ordinance could have wording to the effect that a commercial operator can only own a certain number of moorings, thereby eliminating a monopoly on moorings. MOTION: Councilman Jennings moved that Council accept the ordinance as first written rather than the alternate, that additions be made ,to limit the mooring areas as outlined by Mr. Warden, and that the ordinance be brought back to the Council for first reading on January 14th.' The motion was seconded by Councilman Donohoo. Joseph Giannini objected to the leasing of mooring areas to a commercial operator. Walter Roe, Jay Claypool and Dick Baxter spoke in favor of the proposed ordinance. Questions were asked by Travis Evans. The motion was unanimously carried. RECESS 8:35 p.m. RECONVENED 8:45 p.m. NEW BUSINESS C-1 Consideration of claim of Mrs. Ray Berg,for damages Mayor Mitchell stated that Council was in receipt of a written claim for damages from Mrs. Ray Berg for sewage back-up. This matter has been referred to the City -Is insurance company for pro- cessing, but it is necessary for the Council to act on it according to the Government Code. MOTION: Councilman Donohoo moved that the claim of Mrs. Ray Berg for sewage damages be denied and that .the matter be referred to the insurance company. The motion was, seconded by Councilman Jennings and unanimously carried. C-2 Consideration of County Animal Control Program Mayor Mitchel stated that Council was in receipt of an extensive report by the County with regard to animal control. It is re- quested the City go on record approving the concept of the plan which sets up an animal control program within the County. Mr. Warden stated that it is hoped the County would be back with a proposal as to how the animal control problem might be solved by late spring. MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL - December 10, 1973 There was further discussion with regard to spaying clinics and cat control. It was noted that San Luis Obispo had declined to contract with Woods Animal Shelter for animal control services be- cause they were dissatisfied with the service. Mr. Warden asked Council members if they had received any complaints with regard to Woods Animal Shelter services. Council members indicated that they had not. Mr. Warden stated that the Police Department has cooperated with Woods Animal Shelter in their activities, which makes for better relations and a more effective system. MOTION: Councilman Donohoo moved that Council go on record approving the concept as outlined in the letter from the Board of Supervisors regarding the proposed study of animal control by the County. The motion was seconded by Councilman Jennings and unanimously carried. C-3 RESOLUTION NO. 82-73. Resolution authorizing an agreement with the Security First National Bank, Morro Bay, for storage of microfilm records Mayor Mitchell stated that since the City has obtained micro- film equipment for the safety of City records, it is necessary to have a safety deposit box to store them. MOTION: Councilman Donohoo moved that Resolution No. 82-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 82-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 82-73. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. C-4 Consideration of mini -computer system Mr. Warden stated that he did not wish the Council to consider a particular computer system at this time. He would like their consideration of converting to this type of a system subject to normal bid procedures. The reason for requesting this conversion is because of the present unsatisfactory service. The present system is not responsive to the needs of the City with regard to utility billing, payroll, and general bookkeeping; nor is it flexible enough to accommodate the City's budgetary needs. It is estimated that the computer system can be paid for in about five years by elimininating the amount paid to a service bureau for the same service. It was noted that the computer must be ordered now in order for it to be operating in City Hall by the first of the fiscal year. Mr. Warden asked Council approval to proceed with the specifications for acquisition of a mini -computer system. MOTION: Mayor Mitchell moved that the City Administrator be directed to proceed to draw specifications and request bids for obtaining a computer system. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL - December 10, 1973 INDIVIDUAL DETERMINATION AND/OR ACTION DD=1 City Council (1) Councilman Donohoo complimented Councilman Jennings and his Harbor Committee on a job well done with regard to the Harbor Ordinance. D=2 City Attorney Mr. LeSage had nothing to report at this time. D-3 City Administrator (1) Mr. Warden informed the City Council that the final presentation of the Tri-County Coastline Study is scheduled for Friday, December 4, 1973, at 10:00 a.m. in the Board of Super- visors' Chambers in Salinas. Mr. Warden briefly discussed this study and its effect with regard to Morro Bay. Councilman Keiser suggested that a member of the Council attend this meeting. Councilman Jennings stated that he would be there. (2) Mr. Warden stated that he had a request from the Parks and Recreation Commission for the Council to allocate monies for materials to build bleachers behind the baseball diamond at Keiser Park. The bleachers would be built by volunteer labor. The City Engineer had estimated approximately $700.00 for the materials to build the bleachers. MOTION: Councilman Keiser moved that $700.00 be allocated to the Parks and Recreation Department for the building of bleachers at Keiser Park. The motion was seconded by Councilman Jennings and unanimously carried. Jim Pierce, Chairman of the Parks and Recreation Commission stated that the Morro Bay Jay Cees have volunteered to build the bleachers at no cost to the City. (3) Mr. Warden informed the Council, regretfully, that Norman Reiger, Fire Chief, had submitted his resignation effective February 15, 1974. Chief Reiger plans to relocate in Missouri. Mr. Warden indicated that he would like permission to advertise for this position. MOTION: Councilman Donohoo moved that the resignation of Norman Rieger from Fire Chief be accepted, with regret, and that the City Administrator be authorized to proceed with advertising for a replacement. The motion was seconded by Councilman Keiser and unanimously carried. (4) Mr. Warden stated that the League of California Cities Institute on Labor Relations is in San Diego on January 9-11, 1974, and requested permission for Mr. Dowell and himself to attend. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - December 10, 1973 Page Seven MOTION: Councilman Donohoo moved that Mr. Warden and Mr. Dowell be authorized to attend the Institute on Labor Relations. The motion was seconded by Councilman Jennings and unanimously carried. (5) Mr. Warden presented the Expenditure Report for the period November 16-30, 1973, for the consideration of Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period November 16-30, 1973. The motion was seconded by Councilman Jennings and unanimously carried. (6) Mr. Warden presented the Financial Report for the period July 1 through November 30, 1973, for the consideration of the Council. MOTION: Councilman Donohoo moved that the Financial Report for the period July 1, through November 30, 1973, be approved. The motion was seconded by Councilman Jennings and unanimously carried. (7) Mr. Warden presented Transfer Voucher No. 3-4-21 in the amount of $1,603.00 for ambulance services for the con- sideration of Council. MOTION: Councilman Donohoo moved for the approval of Transfer Voucher No. 3-4-21. The motion was seconded by Councilman Jennings and unanimously carried. CORRESPONDENCE 1. Letter from Morro Bay High School thanking the Council for their cooperation with regard to the School's bonfire. 2. Letter from the County Administrative Office requesting Council opposition to AB882 which proposes to change the structure of LAFCO by allowing each special district to have a representative on LAFCO. MOTION: Councilman Donohoo moved that Council go on record in opposition to AB882 and that appro- priate communication be forwarded the agencies involved. The motion was seconded by Councilman Jennings and unanimously carried. MOTION: Councilman Jennings 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 9:00 a.m. on December 15, 1973, at City Hall to interview applicants for Planning Director. The motion was seconded by Councilman Jennings and unanimously carried. MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL - December 10, 1973 The meeting adjourned at 9:24 p.m. Recorded by: M. L. WARDEN City Clerk LM 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 Thursday, December 6, 1973, at 7:30 p.m. in the City Hall Con- ference Room, 595 Harbor Street, Morro Bay, California to consider applicants for Planning Commission. DATED: December 5, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California By:e M. L. WARDEN, City k 9 MINUTES - MORRO BAY CITY COUNCIL Special Meeting December 6, 1973 7:30 p.m. City Hall Conference Room The meeting was called to order at 7:30 p.m. by Mayor Mitchell PRESENT: Councilmen Donohoo, Jennings, Keiser and Mayor Mitchell ABSENT: Councilman McConaghay It was noted that this meeting had been called for the purpose of interviewing applicants for the two vacant positions of Planning Commissioner. MOTION: Councilman Jennings moved that the meeting adjourn to executive session to interview applicants for Planning Commissioner. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting adjourned to executive session at 7:32 p.m. and returned to regular session at 8:50 p.m. MOTION: Councilman Donohoo moved that Richard Baxter be reappointed as Planning Commissioner for a four year term. The motion was seconded by Councilman Jennings and unanimously carried. MOTION: Councilman Jennings moved that L. J. Devlin be appointed as Planning Commissioner for a four year term. The motion was seconded by Councilman Donohoo and unanimously carried. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Council- man Donohoo and unanimously carried. The meeting adjourned at 9:00 p.m. Recorded by: ALARDEN, City Clerk • • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, November 26, 1973, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the appeal of E. H. Truelove from Planning Commission denial of a variance to waive the 20' setback to 10' in'an R-1, S-2 Zone, 2621 Nutmeg Street, Morro Bay, California, at which said hearing any person interested may appear and express his views for, against, or in modification of said appeal. DATED: October 31, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California M. L. WARDEN, City Clerk 0 41 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING November 26, 1973 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 29, 1973 2. Minutes of the executive meeting of October 29, 1973 HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of Clinton Milne from the County Engineering Department regarding the Nacimiento water project A-2 Appeal of Harold E. Pillow from Planning Commission denial of variance - continued A-3 Appeal of E. H. Truelove from Planning Commission denial of variance A-4 Hearing on vehicle abatement UNFINISHED BUSINESS B-1 Consideration of Fire Station No. 2 manning NEW BUSINESS C-1 Resolution approving agreement for annual audit for the Fiscal Year ending June 30, 1974 C-2 Resolution requesting the Board of Supervisors of the County of San Luis Obispo to permit the County Clerk of said County to render specified services to the City of Morro Bay, relating to the conduct of a General Municipal Election to be held in said City on March 5, 1974 C-3 Resolution authorizing certain City Council members to file a written argument in favor of a•Cty measure 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 November 26, 1973 Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance.Reverend Dudley Johnson of the United Methodist Church gave'the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None MINUTES The minutes of the"regular and executive meeting of November 12, 1973, were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved. The motion was seconded by Councilman Jennings. ; It was noted that the Agenda was in error in that it stated the minutes to be considered were for the regular and executive meetings of October 29, 1973. The correct date is November 12, 1973. The motion was unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of Clinton Milne from the County Engineering Depart- ment regarding the Nacimiento water project Mr. Milne and Mr. Walley Burt of the County Engineering Staff were present to present this project to the °"Council. Mr. Milne stated that the County had adopted, in December, 1972, the Master Water and Sewerage Plan which would fill the County's water needs until the year 2000. The County Engineering Department was directed to implement this plan which would include the com- munities of Paso Robles, Atascadero, Cambria, Cayucos, Morro Bay, South Bay and San Luis Obispo. It is hoped that negotiations with the "various communities in- volved can be far enough along to place this matter on the November, 1974, ballot for voter approval. The Engineering Department has estimated that the earliest the proposed system could be in operation is 1978; but it would more than likely be 1980. It was noted that Morro Bay's proposed wastewater reclamation project should last until the year 1980. If the project is not approved by the voters, it is possible that Morro Bay could obtain water from the State water project being proposed by exchanging its rights to Whale Rock water for State water. Mr. Walley Burt presented the' main -features of the Nacimiento Water Project by depicting the route of the system on a map. He noted that it would be necessary for Morro Bay to have a separate treatment plant. Mr. Burt explained that with regard to the costs of the 'system, it was felt that each agency would only pay for the portions of the system that they use; that is, Paso Robles would pay MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 26, 1973 Page Two a portion of the pumping station and a portion of the line that takes the water from Nacimiento. Morro Bay's share would be larger, since it would have to pay a portion of the pumping station, as well as a portion of the amount of pipeline it takes to bring the water to Morro Bay. The costs to be'shared in by the various agencies would be capital costs, operation and maintenance costs, replacement costs, etc. The cost to Morro Bay, per acre foot for Nacimiento water would be approximately.$80.00 for untreated water; the cost of State water, untreated, would' -be $131.00 per acre foot. Treated Nacimiento water would be $138.00 per acre 'foot. Mr. Milne and Mr. Burt stated that they wished the City Council to approve the plan in concept and indicate 'a willingness to parti- cipate in the project. Mr. Warden reminded the'Council that their approval would be in concept only and would not be committing the City to a project at this time. There were various aspects of the project to be worked out and the City's water consultants, John Carollo Engineers, are working on some of these problems now. Mayor Mitchell was concerned with the proposal for allocating the expenses of the project. He felt that since all communities were needed in order to make the project feasible, all should share in the costs equally. Mr. Milne stated that the Engineering Department did not feel that they could recommend that the up -stream communities subsidize the down -stream communities; they felt that unless the expenses were apportioned in this way, they would not be able to sell this project. He pointed out that the South County communities are set up this way for Lopez water. Mayor Mitchell asked what the cost would be to the City for State water ifr:�the City would offer in exchange its Whale Rock water rights. It was felt that the cost would be $79.00 per acre foot to the conduit in San Luis Obispo. This would mean that Morro Bay would have to pay to have the water transported to Morro Bay and, additionally, install a treatment plant. There was further discussion on this matter. It was noted that this project has been approximately ten years in the making. Mr. Gaines asked what the cost would be to the individual consumer. Mr. Milne stated that it would depend on how the City decides to distri- bute the costs. It could be done through taxes or through increases on the water bills. It was estimated that Pismo Beach had increased their water rates by $4.00 per service per month and Arroyo Grande by $6.00 per service per month as a result of using Lopez water. Further discussion ensued. MOTION: Councilman Keiser moved that Council go on record approving the concept as presented of the Nacimineto'Water Project. The motion was seconded by Councilman Jennings and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 26, 1973 Page Three RECESS: 8:28 p.m. RECONVENED: 8:38 p.m. A-2 Appeal of Harold E. Pillow from Planning Commission denial of variance - continued Mr. Rogoway presented this matter to the Council stating that the applicant, Mr. Pillow, had requested a variance from the Planning Commission to waive the twenty foot front yard set back and allow him to build his residence five 'feet from the front property line. The residence is proposed for the Harbor Front Tract of Morro Bay at 1241 Bolton Drive. Mr. Rogoway stated that the ordinance provides that an applicant for a variance 'must show a hardship on the property before a variance can be granted. As a hardship had not been shown, the Planning Commission had denied this variance. The applicant had declined to build closer to the fence at the back of his property because of an embankment; he did not wish to go to the expense of building a retaining wall and thus was re- questing that he be allowed to build the residence closer to the front property line. Mr. Rogoway said that the house was poorly designed in a triangu- lar shape and the code does not provide that this large of a house need be built on this size of a lot. There was discussion with regard to the apartment house next to the applicant's property which is built right on the property line. This was constructed before the City was incorporated and County building records do not show that parking was a requirement of the apartment house. Mayor Mitchell declared the hearing open at 8:44 p.m. and asked for presentations in favor of the appeal. It was noted that the applicant was not in attendance to support the appeal. As there were no presentations in favor of the appeal, Mayor Mitchell asked if anyone wished to speak in opposition to the appeal. Those speaking in opposition to the granting of an appeal were Walter Cohen, Karl Williams; W. H. Kincaid, and Dave Marsten. The hearing was closed at 8:56 p.m. MOTION: Councilman Donohoo moved that the appeal of H. E. Pillow from Planning Commission denial of a variance be denied. The motion was seconded by Councilman Jennings and unanimously carried. A-3 Appeal of E. H. Truelove from Planning Commission denial of variance Mr. Rogoway explained that Mr. Truelove's house is built on a hillside, which allows the garage portion of the building to be built withih-five'feet of.the'front property line rather than the twenty feet set back required on other lots. The front door of the house, however, must be the required twenty feet back. Mr. Truelove has requested that he be allowed to enclose a patio area in front of MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL November 26, 1973 the front door and along side 'the 'garage. This enclosure would be within ten feet of the property. line. His reason for wanting this enclosed room is because the'velocity of the wind and rain on the hill is such that.it seeps through the front windows and doors. An enclosed patio in front of this area would resolve the problem. He has proposed enclosed glass on a low type wall with a roof of filon plastic. Mr. Rogoway stated that a roof of this type was against the building code'and would not be allowed. The Planning Commission, after hearing the problem, decided that a hardship was not shown to the property and denied the variance. They felt that the weather problem could be 'solved by constructing a roof over the area in question or constructing a patio not enclosed by a wall. It was noted that Mr. Truelove has sufficient room at the rear of the residence to build additional living area should he so wish. Mayor Mitchell opened the hearing at 9:05 p.m. and called for presentations in favor of the appeal. Mr. Truelove, the applicant, stated that he believed he had established a hardship in this matter because of the weather problem. He informed the Council that he had replaced the door on the front of his residence twice already and has also replaced the stripping around the windows. Also speaking in favor of granting the appeal were Gideon Pierce, and Mr. Lewis. It was noted that Mr. Truelove has no immediate neighbors. As there were no further comments, Mayor Mitchell closed the hearing at 9:10 p.m. and referred the matter to Council for dis- cussion. There was discussion with regard to the type of construction Mr. Truelove wishes. Council members discussed what their position would be when another property owner wished to build in the area of Mr. Truelove's residence and wished to do the same thing for the same reason. Mr. Rogoway again reminded the Council that a definite hardship to the property must be shown. A hardship in this case is defined as a peculiar situation that exists on the property because of irregular size of the property or the topography of the property prevents the developer from reasonably using his property without requesting a variance. A hardship must be found which would clearly show that the applicant is prevented from using the property. Council members discussed this matter further and it was noted that the weather problem could be corrected by installing a porch roof over the area. MOTION: Councilman Jennings moved that the appeal of E. H. Truelove from Planning Commission denial of a variance be denied. The motion was seconded by Councilman McConaghay and unanimously carried. A-4 Hearing on vehicle abatement Mayor Mitchell stated that two vehicles are scheduled for • :• MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 26, 1973 Page Five public hearing at this Council meeting, a 1954 Plymouth and a 1960 Cadillac. He declared the 'hearing open at 9:17 p.m. and called for presentations with regard to these vehicles'. Mr. H. V. Gaines, property owner where the 1954 Plymouth is located, informed the Council that he had conducted an investigation in an attempt to find the'owner of the vehicle on his property but had been unable to locate him. He stated that he was not responsible for the vehicle being on his property. Mayor Mitchell stated that the Council, in accordance with the Vehicle Abatement Ordinance, can excuse a property owner from pay- ment of removing the abandoned vehicle if they find that the property owner has no responsibility in the matter. MOTION: Councilman Donohoo moved that Staff proceed with the normal process to remove the abandoned vehicles from the subject properties. The motion was seconded by Councilman Jennings. It was noted that Council's intent was that Mr. Gaines should not be charged for the removal of the vehicle on his property. The motion was unanimously carried. UNFINISHED BUSINESS B-1 Consideration of Fire Station No. 2 manning Mayor Mitchell stated that this matter had been discussed at a previous Council meeting and had -been postponed in order to give the public notification of its consideration. Council members were in receipt of a memo from the City Administrator showing com- parisons in time responses between the two stations. Mayor Mitchell asked Mr. Warden to review the memo for the benefit of the public. Mr. Warden stated that the Fire Department schedule currently has two full time men on duty at Station No. 1 and one full time man on duty at Station No. 2. Because of sickness, vacation, etc., 32% of the scheduled shifts at Station No. 1 were manned by one fireman while 95% of the scheduled shifts at Station No. 2 were so manned during the period 1970-1972. Fire Department requirements are that one fireman cannot leave for a structural fire; two men per unit are required for safty and effectiveness reasons before equipment can roll. If the one full time man at Station No. 2 was moved to Station No. 1, thereby allowing for three full time men at:_ Station No. 1, two men would always be able to roll upon the sounding of an alarm. This would mean that Fire Station No. 2 would be manned by a volun- teer force only. As it is, the full time man at Fire Station No. 2 cannot leave until volunteer arrives, which delays their response time. There was extensive discussion on this matter with comments from Gideon Pierce, Mr. Lewis, Mrs. Phillips, Fred Oakes, Bill Mehaffey, Bob Sherwin, Mr. Stocking, Jim Tracy, and Mr. Babcock. Mayor Mitchell felt that a more thorough study should be made MINUTES -MORRO BAY CITY COUNCIL Regular Meeting November 26, 1973 Page Six of this matter with test runs at different points throughout the City from both 'stations. Councilman McConaghay 'did not feel that one additional man at Stati'on.No. 1 would make that much difference. He was skeptical about the figures for the response times of the units. Councilmen Keiser and Jennings favored a ninety -day trial period to test the matter. There was discussion as to whether the City should consider hiring three to five additional firemen to adequately cover the manning at both stations. It was noted that Paso Robles operates with an all volunteer fire department. MOTION: Councilman Jennings moved that Council approve the consolidation of Fire Stations No. 1 and 2 for a ninety -day trial period. The motion was seconded by Councilman Donohoo and carried on the following roll call vote: AYES: Councilmen Donohoo, Jennings, and Keiser NOES: Councilman McConaghay and Mayor Mitchell RECESS: 10:43 p.m. RECONVENED: 10:53 p.m. NEW BUSINESS C-1 RESOLUTION NO. 76-73. Resolution approving agreement for annual au it or t e Fiscal Year ending June 30, 1974 Mayor Mitchell explained that this resolution approved the agreement with Mr. Willeford for auditing services for the fiscal year 1973-74. MOTION: Councilman Donohoo moved that Resolution No. 76-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 76-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 76-73. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. C-2 RESOLUTION NO. 77-73. Resolution requesting the Board of Supervisors of the County of San Luis Obispo to permit the County Clerk of said County to render specified services to the City of Morro Bay, relating to the conduct of a General Municipal Election to be held in said City on March 5, 1974. Mayor Mitchell read the title of Resolution No. 77-73. MOTION: Councilman McConaghay moved that.the Mayor's reading constitute the reading by title only of Resolution No. 77-73. The motion was seconded by Councilman Jennings.' 0 • MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL November 26, 1973 Mr. LeSage felt that this would not be in order. MOTION: Councilman McConaghay amended his'motion to read that Resolution No. 77-73 be read by title only. The amendment was accepted by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 77-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 77-73. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. C-3 RESOLUTION NO.' 78-73. Resolution authorizing certain City Council members to file a written argument in favor of a City measure MOTION: Councilman Keiser moved that Resolution No. 78-73 be read by title only. The motion was seconded by Councilman Jennings. , It was noted that Council must first insert the name or names of the Council members who would write the argument in favor of the City measure. Councilman Keiser withdrew her motion and Councilman Jennings his second. Councilmen Keiser and Jennings volunteered to write the argument in favor of the City measure, the measure being the issue of whether or not to construct a road and bridge across Morro Creek to connect Embarcadero Road. MOTION: Councilman McConaghay moved that the names of Councilmen Keiser and Jennings be inserted in Resolution No. 78-73 authorizing them to file a written argument in favor of the measure. The motion was seconded by Councilman Donohoo and unanimously carried. MOTION: Councilman Keiser moved that Resolution No. 78-73 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Resolution No. 78-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 78-73. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. INDIVIDUAL DETERMINATION AND/OR 'ACTION D=1 City Council (1) Councilman Jennings informed the'Council that he planned to have the Harbor Ordinance prepared for the December 10 meeting of the Council. %. • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 26, 1973 Page Eight D_2 City Attorney Mr. LeSage had nothing to report at this time. D-3 City Administrator (1) Mr. Warden informed the'Council that the last date to file applications for Planning Commission had been November 23rd. Five applications had been received and Mr. Warden asked that Council set a date to interview the'applicants. December 6, 1973, at 7:30 p.m. was set to interview applicants for Planning Commission. Two vacancies will exist as of December 31, 1973. (2) Mr. Warden stated that the last day to file applications for Planning Director had been November 21st. Twenty-one applications had been received which the screening committee will review on November 27th. Those selected as qualified applicants will then be eligible for an interview. He asked Council to set a date to interview the selected applicants. Council set Saturday, December 15, 1973, at 9:00 a.m. to inter- view applicants for Planning Director. (3) Mr. Warden informed the Council that there is a resolution in effect which prevents the City Administrator from hiring personnel when a vacancy exists. Two officers have resigned from the Police Department and Mr. Warden requested Council approval to fill these vacancies. MOTION: Councilman Donohoo moved that the City Administrator be authorized to fill the two vacancies on the Police Department. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Warden was also directed to draw a resolution to the effect that the City Administrator may hire new personnel as a result of resignations without Council approval. (4) Mr. Warden stated that he had been contacted by Mr. Strom and Mrs. Welch who are property owners in the proposed civic center complex. Mr. Strom is willing to sell his property at 948 Shasta for the present appraised price of $15,000. Mrs. Welch is willing to sell, providing the City gives.her about six months to relocate, and contingent upon receiving a more definite appraisal of the value of her property. Mr. Warden requested that Council give approval to the purchase of property from Mr. Strom. MOTION: Councilman Donohoo moved that the City Administrator be authorized to proceed with the necessary actions to complete the 'purchase of the Strom property at the appraised price. The'motion was seconded by Council- man Keiser and unanimously carried. I MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 26, 1973 Page Nine' (5) Mr. Warden presented Transfer Voucher No. 3=4-18 in the amount of $1770.00 for an additional premium as a result of State Compensation Insurance 'Fund"annual audit. MOTION: Councilman Donohoo'moved for the approval of Transfer Voucher No. 3-4-18 in the amount of $1,770.00. The motion was seconded by Councilman Jennings and unanimously carried. (6) Mr. Warden presented.the'Expenditure Report for the period November 1-15, 1973, for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period November 1-15, 1973. The motion was seconded by Council- man Jennings and unanimously carried. (7) Mr. Warden informed the Council that he had been researching, for some time, the possibility of installing a mini -computer in City Hall to perform various functions for the City that are now performed by Bank of America. Additionally, there are many analytical and information processing functions now performed manually which could be beneficially provided by the mini- computer. Some of the initial operations would be to compute and print water bills, provide analysis of water data, budgetary accounting, payroll and related reports, business licenses, lease sites, dock rentals, etc. Mr. Warden stated that the best system he has been able to find is offered by Burroughs Corporation. The initial cost of the mini- computer would be $37,750.65. 'In addition to that would be $1,913.00 for second year maintenance contract and for supplies, start-up, etc.; total $40,808.65. The cost would be amortized in five to six years by eliminating the present fee paid 'to Bank of America for less service than contemplated.from the mini -computer. He suggested that the money to pay for 'the equipment come from the City's reserve, however, it could be paid on a time payment plan which would cost an additional $2,000 in interest. It would cost approximately $400.00 for a two -week programmer's course and Mr. Warden suggested that he be allowed to take this course. Councilmen Jennings and Donohoo were in favor of the project. They and Councilman Keiser had reviewed the matter with the Burroughs people and felt that it would be a great asset to City business. Mayor Mitchell stated that this was the first time he had heard of the subject and would like more time to study the matter before making a decision. Mr. Warden stated that the material is at City Hall for review and he would bring the matter before the Council at a later date for consideration. ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 26, 1973 Page Ten MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Jennings and unanimously carried. The meeting was adjourned at 11:25 p.m. RECORDED BY: M. L. WARDEN City Clerk By: Ardith Davis Deputy City Clerk i w NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, November. 12, 1973, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the appeal of Harold E. Pillow from Planning Commission denial of a variance to waive the 20' setback to 5' in an R-1, S-2 Zone, 1241 Bolton Drive, Morro Bay, California, at which said hearing any person interested may appear and express his views for, against, or in modification of said appeal. DATED: October 30, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California 7 4)L4� L WARDEN, City Clerk 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING November 12, 1973 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 29, 1973 HEARINGS, APPEARANCES AND REPORTS A-1 Appeal of Harold E. Pillow from Planning Commission denial of variance A-2 Appearance of Derrel Smith representing the Greater Morro Bay Jay Cees A-3 Appearance of David Vienna regarding Council determination of water situation UNFINISHED BUSINESS B-1 Resolution accepting work and giving notice of completion of resurfacing a portion of the Embarcadero B-2 Resolution accepting work and giving notice of completion for the construction and installation of "T" Pier sewer line dockside sewage collection system NEW BUSINESS C-1 Request of Morro Bay High School to hold the Annual Home- coming Bonfire on November 15, 1973 C-2 Request of Elizabeth Webre for, support for an office on aging in San Luis Obispo County C-3 Consideration of Senior Citizen activities area 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 November 12, 1973 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, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None MINUTES The minutes of the regular meeting of October 29, 1973, were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Appeal of Harold E. Pillow from Planning Commission denial of variance Mr. Warden informed the Council that Mr. Pillow had requested a postponement of his hearing as he had been unable to schedule his working hours to allow him to attend this evening's meeting. Mayor Mitchell asked. for a show of hands of the public who had attended tonight's meeting to be heard -on this matter. He asked if it would create any hardship on them to have this matter post- poned to the next regular meeting of the Council. The response indicated that it would not create a hardship. MOTION: Councilman Donohoo moved that the matter of the appeal of Harold E. Pillow from Planning Commission's denial of variance be continued to the next regular meeting of the Council on November 26, 1973. The motion was seconded by Councilman Jennings and unanimously carried. A-2 Appearance of Derrel Smith representing the Greater Morro Bay Jay Cees Mr. Derrel Smith was present to inform the public of this newly organized club in Morro Bay. He gave a history of the organization and spoke of its growth and the work it has accomplished both nationally and locally. He informed the Council and the public that this organization was for young men between the ages of 20 and 35 and they are ready to go to work on any worthwhile project the community may have. A-3 Appearance of David Vienna regarding Council determination of water situation. Mr. Vienna informed the City Council that the Coastal Commission had denied his application to build a motel on Atascadero Road and, MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 12, 1973 Page Two at the same time, voted to reconsider the matter at their meeting of November 15, 1973. The reason for denying the application was their feeling that the City of Morro Bay has an inadequate water supply. In Mr. Vienna's opinion, a feeling has been generated among the Commissioners by the Coastal Commission staff and by letters from local groups that the Council has acted improperly with regard to the City's water situation. Mr. Vienna stated that although his main concern was the building of this motel, he felt there was a greater issue at stake and that is the Coastal Commission vs. this community's ability to control its character and growth. He said that the Commission has expressed a desire for the City to present actions of the City Council with regard to the City's water situation. Mr. Vienna was of the opinion that the Coastal Commission was taking away the local elected officials' responsibility in deciding what is right for this community. Councilman Keiser felt that the City should respond to this matter and suggested that the City Administrator be directed to attend these matters on behalf of the City of Morro Bay. MOTION: Councilman Keiser moved that the City Council send the City Administrator to be at every Coastal Commission meeting that involves anything in Morro Bay and to keep the Commission apprised of the status of the Morro Bay water situation. Councilman Donohoo suggested that Councilman Keiser amend her motion so that the City Administrator need not attend all Coastal Commission meetings, but could send someone in his place, if necessary. Councilman Keiser amended her motion to read that the City Council send the City Administrator, or his designated representative, to be at every Coastal Commission meeting that involves anything in Morro Bay and to keep the Commission apprised of the status of the Morro Bay water situation. The motion was seconded by Councilman Donohoo. There was considerable discussion with Councilman Jennings stating that several Commission members had requested City re- presentation at these meetings. Mayor Mitchell was of the opinion that the Commission should create a plan of some sort if it is their intention to restrict the growth in Morro Bay. He did feel, however, that it is not the responsibility of the City to give information to the Commission. It is the responsibility of their staff to get this information as this is what they are being paid for. Councilman McConaghay felt that if the Commission is taking the City's water problem into their own hands, they should help the City solve the water situation as well. There was further discussion with Council members emphatic MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 12, 1973 Page Three that the City not get involved in advocating any project. The only information that needed to be supplied to the Commission is the City's actions with regard to its resources and the reasons for these actions. Councilman Keiser withdrew her motion and Councilman Donohoo his second. MOTION: Councilman Donohoo moved that the City Administrator be authorized to attend the Coastal Commission meetings if the City Administrator determines that the matter is something the City is involved in., The motion was seconded by Councilman Jennings. Mr. Warden stated that he felt the concept of allocation of the City's resources and growth should be in the hands of the local government which should be responsive to citizens needs, At present, the Coastal Commission is acting on Commission:staff recommendations which have the effect of the Commission staff exercising a judgement as to what is best for the City of Morro Bay. He did not feel, however, that he should be given the responsibility of deciding which matters were considered of such a paramount interest that the City should become involved. This decision should come from Council. Councilman Donohoo amended his motion to authorize the City Administrator to attend the Coastal Commission meeting on Thursday, November 15, 1973, to explain to the Commission the City's water situation. The amendment was accepted by Councilman Jennings and unanimously carried. It was decided that should a matter come before the Coastal Commission that involves the City, the City Administrator should poll Council members for approval of his attendance at these meetings. Dan Stack spoke in favor of City control of local resources. UNFINISHED BUSINESS B-1 RESOLUTION NO. 74-73. Resolution accepting work and giving notice of completion of resurfacing a portion of the Embarcadero MOTION: Councilman McConaghay moved that Resolution No. 74-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 74-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 74-73. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. B-2 RESOLUTION NO. 75-73. Resolution accepting work and giving notice of completion for the construction and installation of "T" Pier sewer line dockside sewage collection system MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL November 12, 1973 MOTION: Councilman Jennings moved No. 75-73 be read by title was seconded by Councilman unanimously carried. that Resolution only. The motion Donohoo and Mr. Warden read Resolution No. 75-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 75-73. The motion was seconded by Councilman Donohoo. Mr. Warden informed the Council that this is the first pump - out station in Morro Bay and one of the first along the coast. It is now being operated and is available free of charge to boats wishing to use it. It is hoped that this will encourage boat owners to use it. The motion was unanimously carried by roll call vote.' NEW BUSINESS C-1 Request of Morro Bay High School to hold the Annual Homecoming bonfire on November 15, 1973 Mayor Mitchell stated that the High School has requested Council permission to have a bonfire to celebrate their Annual Home- coming activities. He noted that City Ordinance No. 97 prohibits the burning of any combustible material in the open air within the City limits, however, the ordinance does exclude burning of charcoal or wood for campfires or barbeques. Mayor Mitchell was of the opinion that this bonfire could be considered a campfire. Mr. Warden reminded the Council that this matter has come before them previously and they.denied such ceremonial fires at that time. He felt that if the Council wished to have a different interpretation of the ordinance, it should be amended to reflect their interpretation. In addition to the ordinance prohibiting this activity, the Council should consider the dangers of such a fire should weather conditions be unfavorable. Also, there will be over -time charges for the man- power necessary to preside at this activity. MOTION: Mayor Mitchell moved that Staff be directed to interpret Ordinance No. 97 in such a manner so that this type.of fire be considered a campfire and submit these recommendations. to the Council. Mr. Warden asked that the motion clearly indicate that the Council interprets the ordinance in this manner. Mayor Mitchell amended his motion to read that the City Council interpret the ordinance so as not to exclude fires of this type and that Staff submit to Council suggestions for changes in the ordinance for future fires of this nature. The motion was seconded by Councilman Jennings. Councilman Donohoo felt that the ordinance should not be interpreted to suit requests as they come up. He stated that he had MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 12, 1973 Page Five voted against this ordinance when it was proposed because it did not allow for exemptions of this type, but felt that since it is an ordinance, it should be followed. William Mehaffey from the Fire Department stated that the Firemen's Association would volunteer to stand by the bonfire with a City fire unit if the Council grants permission to the high school for this activity. The motion was carried on the following roll call vote: AYES: Councilmen Jennings, Keiser and Mayor Mitchell NOES: Councilmen Donohoo and McConaghay C-2 Request of Elizabeth Webre for support for an office on aging in San Luis Obispo County Ms. Webre explained to Council members her efforts in assessing the needs of Senior Citizens in San"Luis Obispo County. She reviewed the Older American Act which allows funds for senior citizens in areas of high priority. She discussed her work in this area and stated that there was now a need to implement the results of her assessments of senior citizen needs. The County Board of Supervisors has allocated $103,000 of their revenue sharing money to social services for the aging. She is requesting $17,000 of this to carry through with the planning effort for the senior citizens. She requested that the Council go on record supporting these efforts on behalf of the senior citizens in San Luis Obispo County. Councilman Keiser complimented Ms. Webre on her efforts and accomplishments in the area of assessing senior citizen needs. MOTION: Councilman McConaghay moved that the Council go on record in support of this program and that a letter be directed to the Board of Supervisors urging their support of this program. The motion was seconded by Councilman Keiser and unanimously' carried. RECESS 8:50 p.m. RECONVENED 9:00 P.M. C-3 Consideration of Senior Citizen activities area Mr. Warden reviewed the increasing activities of senior citizen groups in Morro Bay over the past few months. Because of these increasing activities and the number of people involved with helping the senior citizens, they have a real need for a permanent senior citizens center. There had been some discussion of using the Veterans Hall, but this was ruled out since it could not be used as a permanent location. Another location under discussion is the Morro Del Mar Fire Station No. 2. Mr. Warden briefed the Council on Staff's research and findings with regard to changes in the manning of the two fire stations. It was felt that the efficiency and response time of the Fire Department could be improved by moving the one full-time fireman MINUTES + MORRO BAY CITY COUNCIL Regular Meeting November 12, 1973 Page Six from Station No. 2 to Station No. 1, but keeping a fire unit at Station No. 2. Fire Station No. 2 would then be manned as a volunteer force while Fire Station No. 1 would have 'a three-man full-time force which would be adequate to cover for vacations and sick -leave. This would increase the response time for Fire Station No. 1, since two men would be available for an immediate response to alarms. It was estimated that it takes approximately one minute more for a unit from Station No. 1 to get to a fire in north Morro Bay than it does for a unit rolling from Station No. 2. This minute is, however, mitigated by the fact that the man at Fire Station No. 2 has to wait for a volunteer to arrive before the unit can move. It was noted that the garage area of Station No. 2 would still be occupied by the Fire Department with one unit there at all times. This would leave the rest of the quarters free for possible senior citizen occupation. There was discussion by the Council of this matter with Councilman Jennings stating that one of the reasons people in north Morro Bay had objected to a volunteer force only in that area is because they felt their insurance rates -might increase. It was noted that insurance raters.have stated that this would not be so. Mayor Mitchell felt that the proposal of Staff might be a good possibility, however, the question should be scheduled at a later time to give the public in that area a chance to be heard on this matter. There was further discussion among Council members with the agreement that this matter should be postponed until another meeting. Barbara George, Recreation Director, cited other activities associated with senior citizens to which this building could be used. INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council (1) Councilman Keiser discussed the current energy crisis and asked the City Administrator if there were any efforts the City could make in behalf of conserving energy. Mr. Warden suggested that the City join in the effort to conserve energy by not lighting the street Christmas decorations this year. He said they could be put up but remain unlighted. This would also save man -power as it takes approximately two weeks for City forces to hook up the electrical lighting systems in the decorations. Mr. Warden stated that he has already issued a memorandum to the Department Heads that City vehicles be driven at a speed of not more than fifty miles per hour on the highways unless under emergency conditions. There was further discussion of whether or not to have the Christmas decorations lighted. Mr. Joseph Giannini felt that Christmas is for children and the decorations should be lighted since this only occurs once a year. He did feel, however, that the City MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 12, 1973 Page Seven should attempt to restrict the businessmen throughout town from lighting their big neon signs. MOTION: Councilman Jennings moved that the City's street Christmas decorations be put up this year but they are not to be lighted. The motion was seconded by Councilman Donohoo and unanimously carried. There was further discussion with regard to asking business people to help in this effort. MOTION: Mayor Mitchell moved that the Council go on record urging businessmen to voluntarily leave off unnecessary lights and that the Mayor be directed to draw a proclamation to this effect to be presented to the business community. The motion was seconded by Councilman Jennings and unanimously carried. (2) Councilman Jennings stated that the committee appointed to discuss the matter of putting the issue of construction of the Morro Creek bridge and road on the ballot for public decision had recently met. They had decided that this would be a good time for this matter to be placed on the ballot. It was noted that although the present budget did not have enough allocated for the construction of this bridge, at least the matter would be decided and provisions could be made in next year's budget, should the issue pass. MOTION: Councilman Jennings moved that Council accept the committee's recommendation that the matter of the construction of the Morro Creek bridge and road be placed on the ballot with the understanding that if the measure passes, the construction would not begin until the necessary funds are available. The motion was seconded by Councilman Keiser. Mr. Giannini suggested that an EIR be prepared on the project first to find out if it will pass through the Regional Commission. Council members felt that the voting process should take place first, since it is fairly expensive to prepare the plan, EIR, etc., and the money will we wasted if the project is not approved by the voters. The motion was unanimously carried. D_2 City Attorney Mr. LeSage had nothing to report at this time. D-3 City Administrator (1) Mr. Warden reported on his presentation to the Board of Supervisors regarding the City's need for a reservoir site on the County's proposed E1 Chorro Regional Park. The City's request was favorably received by the Board of Supervisors and they had re- ferred the matter to their Staff to study and bring recommendations back to the Board at the earliest possible date. 9 0 MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL November 12,11973 (2) Mr. Warden presented'iTransfer Voucher No. 3-4-17 in the amount of $598.00 for emergency pipe line repair for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of Transfer Voucher No.13-4-17 in the amount of $598.00 for an emergency pipe line repair. The motion was seconded by.Councilman Jennings and unanimously carried. (3) Mr. Warden presented for the period Octob consideration of the MOTION: Councilman Donohoo n of the Expenditure I October 16-31, 1973. seconded by Counciln unanimously carried. e Expenditure Report 16-31, 1973, for the uncil. ed for the approval ort for the period The motion was Jennings and (4) Mr. Warden presented the Financial Report for the period July 1, 1973, through October 31, 1973, for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Report for +the period July 1 through October 31, 1973. The motion was seconded by Councilman Jennings and unanimously carried. (5) Mr. Warden requested that the Council adjourn to executive session for; consideration of personnel matters. ADJOURNMENT MOTION: Councilman McConaghayimoved that the meeting be adjourned to executive session for consideration of personnel matters.) The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned to returned to regular session at MOTION: Councilman Donohoo adjourned. The mo Councilman McConaa The meeting adjourned at RECORDED BY: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk ecutive session at 9:50 p.m. and 0:10 P.M. ed that the meeting be was seconded by and unanimously carried. :10 P.M. PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the regular meeting of the Morro Bay City. Council scheduled for Monday, October 22, 1973, has, by minute order of the City Council, been changed to Monday, October 29, 1973, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California. DATED: October 12, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M. L. WARDEN, City C k i 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING October 29, 1973 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 8, 1973 HEARINGS, APPEARANCES AND REPORTS A-1 Hearing and resolution abandoning portions of Lots 17 and 24, Block 11E, Atascadero Beach - continued UNFINISHED BUSINESS B-1 County Board of Supervisor's actions concerning the Veterans Memorial Building B-2 Request of Brebes Morro Bay Fisheries for approval of dockage on Lease Site No. 110W B-3 Ordinance No. 118. Ordinance amending Chapter IV of Title III of the Morro Bay Municipal Code - Well construction, repair, modification and destruction NEW BUSINESS C-1 Request of George W. Leage for franchise to operate tour vessels C-2 Consideration of request of Harry C. Wedell to present late claim for personal injuries_ C-3 Consideration of replacing City's,Johnson outboard motor C-4 Resolution calling a public hearing to determine whether public necessity, health, safety, or welfare requires' -.the formation of an underground utility district C-5 Awarding of bid for applying a bituminous seal coat on various City streets - S. S. Project No. 54 C-6 Appeal of E. H. Truelove from Planning Commission denial of variance - set hearing date C-7 Appeal of Harold E. Pillow from Planning Commission denial of variance - set hearing date C-8 Review of one million gallon Kings,Avenue water tank 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 October 29, 1973 7:30.p.m. Morro Bay Recreation Hall The 'meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. ROLL CALL PRESENT: Councilmen Donohoo,'Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None MINUTES The minutes of the 'regular meeting of October 8, 1973, were considered by the Council. Councilman Donohoo stated that he had corrections on the minutes that needed to be made. On page seven, the two figures quoting the amount of the vehicle in question were different and needed to be corrected to reflect the same amounts. Also, on page eight, the minutes should reflect that Councilman Donohoo had voted against the motion that Council go on record in opposition to Proposition No. 1. MOTION: Councilman Donohoo moved that the minutes be approved as corrected. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 RESOLUTION NO.' 72=73. Resolution and order abandoning portions of Lots 17 and 24, Block 11E, Atascadero Beach Mayor Mitchell stated that this matter had been considered at the previous Council meeting, but had been continued to this date since there had been some objections from property owners living in the immediate vicinity of the proposed abandonment. It had been suggested that perhaps the property owners in opposition to the abandonment could make arrangements with the owner to purchase that property. The reason the neighboring property owners were objecting to the abandonment was because of the residence which would be built on the adjoining lots. Mr. Warden stated that he had been in conversation with Mr. Wapelhorst, one of the property owners objecting to the abandonment, and he had indicated that he was not interested in purchasing the property. Mr. Ken Jacobs, representing Mr. and Mrs. Hulse who own the property in question, was present and stated that he had spoken to some of the people listed on the petition against the abandonment which was presented to the Council at their last meeting. None were interested in purchasing the property, only in using it for driving through or storage. He stated that the building constructed on these two lots would not be "grotesque" as stated in the 'petition. • MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL October 29, 1973 Mr. Wapelhorst stated that the property owners who had signed the petition are still against the abandonment. There was discussion among the Council as to whether they should be concerned with the building on this property or if this is a matter for the Planning Commission. Mr. Warden stated that the only thing the Council is concerned about is the abandonment of this property. If necessary, the matter of the residence will go to the Planning Commission when the property owner applies for a building permit. Mayor Mitchell was of the opinion that the objecting parties who signed the petition must not feel strongly enough about the matter or they would have made an appearance before the Council this evening. Mayor Mitchell closed the public hearing at 7:45 p.m. MOTION: Councilman Jennings moved that Resolution No. 72-73 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. warden read Resolution No. 72-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 72-73. The motion was seconded by Councilman Donohoo and carried with Councilman McConaghay voting no. UNFINISHED BUSINESS B-1 County Board of Supervisors! actions concerning the Veterans Memorial Building Mr. Warden informed the Council that, although he has not received official notification from the Board of Supervisors, he understands they have allocated $4500 for the repair of the Veterans Building. He is not sure whether the County intends to let a contract for the repairs or will turn the money over to the City for them to make repairs. Mr. Warden stated that the Council had not yet made a firm commitment to accept this building from the County and he would like to have that made at this time. MOTION: Councilman Jennings moved that proper notification be sent to the County Board of Supervisors that the City intends to assume possession of the Veterans Memorial Building. The motion was seconded by Councilman Keiser. Mr. LeSage requested that the motion also include authorization for the Mayor and City Clerk to accept the deed to the Veterans Building and that it be sent to the County for recordation. Councilman Jennings amended his motion to include that the 'City Clerk and Mayor be 0. 41 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL October 29, 1973 authorized to accept the deed and forward it to the'County for recordation. The amend- ment was accepted by Councilman Keiser. The motion was carried with Councilman McConaghay voting no. MOTION: Councilman Donohoo moved that the City Administrator be authorized to hire the necessary personnel for the maintenance of the Veterans Building. The motion was seconded by Councilman Jennings and carried with Councilman McConaghay voting no. B-2 Request of Brebes Morro Bay Fisheries for approval of dockage on Lease Site No. 110W Mayor Mitchell stated that the Council was in receipt of a request from Brebes Morro Bay Fisheries for approval of dockage on Lease Site No. 110W. This is a technicality since past approval of dockage inadvertently omitted Lease Site No. 110W. MOTION: Councilman Donohoo moved Council approve, the request of Brebes Morro Bay Fisheries to include dockage space on Lease Site No. 110W. The motion was seconded by Councilman Jennings and unanimously carried. B-3 ORDINANCE NO. 118. An ordinance amending Chapter IV of Title III of the Morro Bay Municipal Code - second reading Mayor Mitchell stated that the City's ordinance with regard to wells is being amended in accordance with State requirements. MOTION: Councilman Donohoo moved that Ordinance No. 118 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Ordinance No. 118 by title only. MOTION: Councilman Donohoo moved for the adoption of Ordinance No. 118 and that this constitute the second and final reading of this ordinance. The motion was'seconded by Councilman Jennings and unanimously carried by roll call vote. NEW BUSINESS C-1 Request of George W. Leage for franchise to operate tour vessels Mayor Mitchell stated that the Council was in receipt of a letter from Mr. George Leage requesting the City to grant him an exclusive license to operate tour vessels such as the "Tiger's Folly". His reasons for requesting the exclusive license are the sizable investment in his present vessel, constant maintenance of the vessel, the history of the "Tiger's Folly" as being a successful operation and drawing people to the community, and the fact that 9 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL October 29, 1973 another operation might come'into Morro Bay only during the peak periods taking away the'main business of the year - an operation which might not be as reputable as his. There was discussion among the Council over the legality of issuing an exclusive license to Mr. Leage. Mr. Warden stated that he had brought this matter to the 'Council at this time only to get their feelings on it. If the Council was in favor of such a franchise, then he and the City Attorney would progeed with the investigation of the matter. Councilman Donohoo stated that he was in favor of granting a franchise to Mr. Leage as his operation has always been reputable. Staff was directed to look into the matter and report back to Council. MOTION: Councilman Donohoo moved that this matter be continued to a future date. The motion was seconded by Councilman Jennings and unanimously carried. C-2 Consideration of request of Harry C. Wedell to present late claim for personal injuries Mayor Mitchell stated that the Council was in receipt of a request to present a late claim for personal injuries as a result of an incident which occurred in December of 1972. It was noted that the law allows one hundred days to present a claim for personal injuries. Mayor Mitchell asked the City Attorney if the Council would be recognizing the claim by denying it. Mr. LeSage said no, since the Council would be denying the request to present the claim and not the claim itself. MOTION: Councilman Donohoo moved that Council deny the request to present late claim for personal injuries by Harry C. Wedell. The motion was seconded by Councilman Keiser and unanimously carried. C-3 Consideration of replacing City's Johnson outboard motor Mayor Mitchell stated that it had become necessary to replace the City's outboard motor before the equipment replacement scheduled time since the'salt water has ruined the motor sooner than expected. It is planned that the replacement schedule for the motor and the boat will be differentiated next fiscal year since the motor needs to be replaced more often than the boat. Council is being requested to approve the withdrawal of $1890 from the contingency equipment reserve for the replacement of this piece of equipment. The low bid came from Mallery's Marine. MOTION: Councilman Donohoo moved that the City Administrator and Finance Director be authorized to withdraw from emergency equipment contingency fund the $1890 necessary to pay for the engine. The motion was seconded by Councilman Jennings and unanimously carried. • 11 MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL October 29, 1973 C=4' RESOLUTION NO. 73-73. Resolution calling a Public Hearing to determine whether public necessity, health, safety or welfare requiresthe formation of an underground utility district Mayor Mitchell -stated that this resolution sets a hearing date of December 10, 1973, to consider the undergrounding of utilities in the downtown area of Morro Bay. MOTION: Councilman Jennings moved that Resolution No. 73-73 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Resolution No. 73-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 73-73. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. C-5 Awarding of Bid for applying a bituminous seal coat on various City streets S.S. Project No. 54; Mayor Mitchell stated that four bids were received for this project and Harold D. Peterson had submitted the low bid in the amount of $11,338.40. It was noted that the Engineer's Estimate had been $10,204.56, however,.the excess can be covered by un- obligated 2106 Gas Tax Funds. MOTION: Councilman Donohoo moved that Council accept the low bid of Harold D. Peterson in the amount of $11,338'.40 for S. S. Project No. 54, and that the difference between the low bid and the budgeted amount come from 2106 Gas Tax Funds. The motion was seconded by Councilman Jennings and unanimously carried. C-6 Appeal of E. H. Truelove from Planning Commission denial of variance -set hearing date Mr. Warden stated that he is in receipt of a letter from Mr. Truelove requesting that the hearing date for this appeal be set for the second meeting in November since he plans to be out of town during the Council's first November meeting. MOTION: Councilman Jennings moved that the hearing date for the appeal of E. H. Truelove from Planning Commission denial of variance be set for November 26, 1973. The motion was seconded by Councilman Donohoo and unanimously carried. C-7 Appeal of Harold E. Pillow from Planning Commission denial of variance - set hearing date Mr. Warden asked Council to set the hearing date for this appeal for November 12, 1973, as arrangements for publication for that date had been made. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 29, 1973 Page Five MOTION: Councilman Jennings moved that the hearing date for the appeal of Harold E. Pillow from Planning Commission denial of variance be set for November 12, 1973. The motion was seconded by Councilman'Donohoo and unanimously carried. C-8 Review of one million gallon Kings Avenue water tank Mr. Warden informed the Council that because of the rising costs of construction, the $105,000 allocated for the Kings Avenue water tank are insufficient. A high quality steel tank will cost approximately $116,300 and a pre-stessed concrete tank $155,100. The Director of Public Works has recommended the pre -stressed concrete since the climate in this area causes corrosion problems on steel but which would not effect concrete. Mr. Warden presented two drawings of the way the tanks will look when constructed. One drawing placed the proposed tank under- ground. It was felt that the City.should consider placing future tanks underground. Although the expense is quite high, it is more desirable from an esthetic standpoint. MOTION: Councilman Jennings moved that Council indicate to Staff that they are in favor of the water tank being constructed from pre -stressed concrete. The motion was seconded by Councilman Keiser and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D_1 City Council (1) Councilman Keiser referred to the recent bomb scare at the high school and pointed out that there is only one way out of that area. She felt it would be a good time for the Council to consider placing the question of the bridge across Morro Creek on the ballot to give the public a chance to decide this matter. With only one way out of the high school, a situation could become very dangerous; a bridge across Morro Creek would alleviate this danger and provide an additional exit from that area. There was discussion regarding this matter with Mr. Warden reminding the Council that another matter would have to be considered for the ballot and that is the bonding of the City's wastewater reclamation project. MOTION: Councilman Jennings moved that the question of constructing a bridge on the Embarcadero across Morro Creek be placed on the ballot in March. The motion was seconded by Councilman Keiser. It was felt that the motion should include the construction of the road as well as the bridge. � I MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL October 29, 1973 Councilman Jennings amended to include the construction bridge. The amendment was Councilman Keiser. his motion of a road and accepted by There was further discussion regarding the motion with Councilman Donohoo and Mayor Mitchell of the opinion that there should be a committee discussion on this matter first. Councilman Jennings withdrew his motion and Councilman Keiser her second. MOTION: Councilman Jennings moved that a committee be formed of City Council, Planning Commission, and Staff to report back to Council by November 26, 1973, with a recommendation regarding the bridge over Morro Creek and the connecting road. The motion was seconded by Councilman Keiser and unanimously carried. Mayor Mitchell appointed Councilmen Jennings and Keiser as Council members to this committee. (2) Mr. Gaines asked the Mayor for permission to speak. He presented a letter received from the Police Department regarding vehicle abatement. After reviewing the letter, Mr. Warden stated that this was the first notice as required by the ordinance and Mr. Gaines would be notified at a later date of a hearing which would be held before the Council. At that time he could appear and disclaim any responsibility for the vehicle. D=2 City Attorney Mr. LeSage had nothing to report at this time. D-3 City Administrator (1) Mr. Warden informed the Council that he had received information regarding National Flood Insurance. He discussed this matter briefly and stated that he would write for further information with regard to the City of Morro Bay. (2) Mr. Warden asked which Council members planned on attending the Channel Counties Division meeting of the League of California Cities to be held at the Golden Tee on November 9th. All Council members would attend with Councilmen Jennings, Donohoo, McConaghay and Mayor Mitchell bringing their wives. (3) Mr. Warden informed the Council that the second scheduled Council meeting for December is on the 24th and asked Council if they wished to change the date.'Council members felt that only one meeting need be held in December. MOTION: Mayor Mitchell moved that the December 24th scheduled City Council meeting be cancelled. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL October 29, 1973 (4) Mr. Warden presented Transfer Voucher No. 3-4-14 in the 'amount of $575.00 for emergency repair costs to the Fire Department pump for Council' consideration. MOTION: Councilman Donohoo moved for the approval of Transfer Voucher No.' 3-4-14 in the amount of $575.00. The motion was seconded by Councilman Jennings and unanimously carried. (5) Mr. Warden presented the -Expenditure Report for the period October 1-15, 1973, for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period October 1-15, 1973, The motibn-:was seconded by Councilman Jennings and unanimously carried. (6) Mr. Warden gave a brief report on his attempts to secure a reservoir site for the wastewater reclamation project. He has contacted the Board of Supervisors for possible use of area at the proposed E1 Chorro Regional Park, and asked that they give a commitment for the City's use of the area by November 22, 1973. Mr. Warden also reported that he had been in conversation with Assemblyman Nimmo who intends to talk with Mr. Mott•, of the Department of Parks and Recreation regarding the City's need for a reservoir site on their lands at Camp San Luis Obispo. CORRESPONDENCE 1. Letter and resolution from the City of Riverside urging the City of Morro Day's opposition to Proposition No. 1. 2. Letter from the State Compensation Insurance Fund informing of the increase in insurance charges. MOTION: Councilman Donohoo,moved that the correspondence be filed. The motion was seconded by Councilman Jennings and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned at 8:53 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, October 8, 1973, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the vacation of an ease- ment on portions of Lots 17 and'24, Block 11E, Atasca- dero Beach, Morro Bay', California, as shown on Exhibit "A"; at which said hearing any person interested may appear and express his views for,,against, or in modifi- cation of the proposed easement vacation. DATED: September 14, 1973 aj M. L. WARDEN, City Clerk City of Morro Bay, California 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING October 8, 1973 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 24, 1973 2. Minutes of the executive meeting of September 24, 1973 3. Minutes of the special meeting of September 25, 1973 HEARINGS, APPEARANCES AND REPORTS A-1 Report and recommendations from Donald H. Brown regarding new Cable TV installation A-2 Hearing on vehicle abatement A-3 Hearing and resolution abandoning portions of Lots 17 and 24, Block 11E, Atascadero Beach - Hulse UNFINISHED BUSINESS B-1 Resolution accepting tax -deeded property and consenting to recordation B-2 Resolution authorizing the Mayor to sign an Agreement for State Administration of Local Sales and Use Taxes B-3 Proposal for wastewater reclamation pilot project B-4 Proposal for Master Plan for treatment, conveyance and storage of domestic water B-5 Consideration of water supply situation NEW BUSINESS C-1 Ordinance amending Chapter IV of Title III of the Morro Bay Municipal Code - Well construction, repair, modifi- cation and destruction C-2 Awarding of bid for replacement sedan C-3 Awarding of bid for Select System No. resurfacing C-4 Consideration of request of the City financial aid INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence 53 - Embarcadero of Petaluma for 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 8, 1973 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 Dudley Johnson of the United Methodist Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None MINUTES The minutes of the regular and executive meetings of September 24, 1973, and the special meeting of September 25, 1973, were considered by the Council. Councilman Donohoo stated that a correction needed to be made on the minutes of the regular meeting of September 24, 1973, page eight, paragraph one. The phrase "... and on the tax rolls." should be changed to read "... and removed from the tax rolls." MOTION: Councilman Donohoo moved that the minutes be approved as corrected. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Report and recommendations from Donald H. Brown regarding new Cable TV installation' Mr. Brown stated that three years ago, he was appointed by the City Council to be the liaison representative between the City Council and Central California Communications Corporation. At that time, after discussion with Mr. Cohen of CCCC regarding the deterioration of the Cable TV reception, it was agreed that they would install a new system. The installation of the new equipment was completed about six months ago. Mr. Brown feels that the reception, as a result of these improvements on Cable TV, is good to excellent. Based on these improvements and the report of the Cable Dynamics Corporation of Burlingame that the Cable system in the City meets FCC standards, Mr. Brown feels that the increase in price for Cable TV services from $4.75 to $5.75 is justified. He also stated that according to the Consumers' Price Index, CCCC could ask up to $6.10 per month per customer for Cable TV services. Mayor Mitchell asked Mr. Brown if he was aware that, upon recommendation by the Cable TV Committee, the Council had denied CCCC TV's request for a rate increase. Mr. Brown realized this, however, he felt obligated to make his personal recommendations known since he felt CCCC had lived up to their agreement. There was discussion relative to the Corporation responding to service calls. No action was taken by the City Council. r� MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL' October 8, 1973 A-2 Hearing on vehicle abatement Mr. Warden informed the Council that both vehicles scheduled for abatement consideration this evening had been removed. No action was required on this matter. A-3 Hearing and resolution abandoning portions of Lots 17 and 24, Block 11E, Atascadero Beach - Hulse Mayor Mitchell explained that this abandonment would enable the property owners to relocate water lines in order to build a residence across both lots. Mr. Warden stated that he is in receipt of a petition signed by nineteen property owners protesting vacating this easement. The petitioners live in the area of this property and feel that a home built on both lots would be of "grotesque proportions" and would be out of character with the rest of the residences in the area. Mr. Lowell W. Wapelhorst and Mr. Fred DiCapua spoke in opposition to the abandonment of this easement. They feel that the property should be turned into a park of sorts rather than being built upon. They asserted that the property would not accommodate two homes. Mr. DiCapua stated that he and Mr. Wapelhorst would be willing to negotiate with the Hulses to purchase this property. Council members felt that this matter should be continued until the next regular meeting of the Council so that the property owners could contact the Hulses regarding the purchase of their property. MOTION: Councilman Jennings moved that this matter be continued until the next regular meeting of the Council. The motion was seconded by Councilman Donohoo and unanimously carried. UNFINISHED BUSINESS B-1 RESOLUTION NO. 69-73. Resolution accepting tax -deeded property and consenting to recordation Mayor Mitchell explained that this property is being purchased by the Council from the County at a low price because it is delinquent on taxes. It is located near the sanitary treatment plant. MOTION: Councilman Donohoo moved that Resolution No. 69-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 69-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 69-73. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. B-2 RESOLUTION NO. 70-73. Resolution authorizing the mayor to sign an agreement for State Administration of Local Sales and Use Taxes MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL October 8, 1973 Mayor Mitchell stated that this agreement is a result of an amendment to the Sales and ,Use Tax Ordinance. MOTION: Councilman Donohoo moved that Resolution No. 70-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 70-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 70-73. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. B-3 Proposal for wastewater reclamation pilot project Mayor Mitchell stated that the Council is in receipt of correspondence from John Carollo Engineers recommending that a pilot project be undertaken to determine the type and gradation of filter material to be used in the reclamation plant. Mr. Warden stated that the cost for this project would be approximately $3500 and he is requesting Council approval to proceed. This project will determine what type of treatment the wastewater will need. MOTION: Councilman Donohoo moved for approval and funding of the project as suggested by the engineers. The motion was seconded by Councilman Keiser and unanimously carried. B-4 Proposal for Master Plan for treatment, conveyance and storage of domestic water Mr. Warden stated that this project is needed before implementa- tion of the reclamation project to determine the treatment, distri- bution and storage facilities within Morro Bay. MOTION: Councilman Jennings moved for approval of the development of a Master Plan for treatment, conveyance and storage of domestic water as suggested in the letter from John Carollo Engineers dated September 14, 1973. The motion was seconded by Councilman Keiser and unanimously carried. B-5 Consideration of water supply situation James Emanuel of John Carollo Engineers, was present and reviewed the chart which depicts Morro Bay's past, current and projected water status regarding rainfall, water well static levels, water production and water services. Mr. Warden reviewed possible variables in the water situation with regard to basin levels, rainfall and if the City did or did not use Whale Rock Water and the effect these variables would have on the water situation. Mr. Warden noted that the demand on the water system begins when a building is actually hooked up to the system. i MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL ' October 8, 1973 For purposes of comparing the amount of water used by various establishments within the'City, Staff recommended the average single family residential water usage as a basis determining equiva- lent water usage. The average single family residence uses approxi- mately 903 cubic feet of water per month: Considering equivalent ratio of usage, a laundromat water usage would be equivalent to twenty single family residences; one motel unit equivalent to 1/3 of a single family residence; a restaurant equivalent to five single family residences; Morro Bay High School equivalent to 168 single family residences, and so on. Mr. Warden stated that the City controls only 40% of the water resource available to the City; the other 60% is controlled by agricultural users. The proposed wastewater reclamation project will alleviate this situation since some of the farmers have already agreed, in concept, to use this reclaimed water for irrigation. Since the reclaimed water will, to some extent, replenish the underground basin, Mr. Warden said that although it is estimated that the waste- water reclamation project will be in effect by 1975 or 1976, there are several problems to be overcome before the project can become a reality. Number one is that the City is having problems with the State in obtaining a site for the reservoir; Staff is currently. looking into County property as another possibility. Another question to be decided is whether the City will buy the Cayucos Sanitary District's 40% share of the Treatment Plant or apportion the cost of the reclamation project to the District. At any rate, it is apparent from the projections, assuming various rainfall conditions, by the engineers, that the current water supply will not be enough to supply the City at its current rate of growth until the reclamation project is in operation. There- fore, Staff has recommended that Council place a restriction, not a moratorium, on building. This restriction to be 100 equivalencies per year. Neil Moses asked what the additional yield would be with the reclamation project compared to the existing production. Mr. Warden stated that there would be an increase of approximately 300 million gallons. Mr. Lewis felt that the City should look further for water re- sources nearby. Howard Gaines asked about the 60% of the water used by the farmers. Mr. Warden said that the City is discussing this matter with them and they are looking for a mutual solution to the problem. They have agreed on the concept of the reclamation project. Mr. Warden also stated that the City has three new wells on the line which will be in operation within the next few weeks. They will each yield approximately 150 to 200 gallons of water per minute. Mr. Cline objected to out-of-town developers coming into the City and constructing large projects. RECESS 8:43 p.m. RECONVENED 8:54 p.m. Mayor Mitchell stated that the Chair would now entertain comments from the public regarding the water situation. 6 MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL October 8, 1973 Comments in opposition to a building restriction were heard from Robert Torrey representing the Morro Bay Multiple Listing Service, Ernest Stroame, representing Red Construction, Vern'Correll, Morris Womack, Sylvia Cook, Bill Boehm, Dick Farris, and Howard Gaines. Comments in favor of a building restriction, moratorium, or sub -division moratorium, were heard from Eugene Shelton representing Morro Bay Tomorrow, Joseph Giannini, and Dorothy Cutter. RECESS 9:40 p.m. RECONVENED 9:51 p.m. Willard McGonagill spoke in favor of a sub -division moratorium. As there were no other comments, the matter was referred to Council for discussion. There was discussion as to what effect a limitation on sub- divisions would have on the water situation. Mr. Warden was of the opinion that there would be an effect, but controlling hook-ups would provide a direct control over all demands which could be placed on the water system. Even without new sub -divisions, there is a problem since there are now approximately 963 building sites within the City limits. All of these must be considered as a potential impact on the system. Councilmen Donohoo, Jennings and Keiser favored deferring this matter until March of 1974 and considering a building restriction at that time depending on what the water situation looks like then. It was felt that the matter is being reviewed daily and the Council is constantly being apprised of the situation., Mayor Mitchell felt that a building restriction should be enacted at this time. As a result of intense study and evaluation by Staff and the engineers, it had been determined that something should be done at this time and he felt a building restriction was justified. He did not want the City to be sorry at a later date that they had deferred the problem and then be in a position of having let the problem get out of hand. Councilman McConaghay felt that the individual property owners in the City should be able to build on property which they have spent years paying taxes on. He said that although he did not feel the City should enact a building restriction at this time, the Council should form a committee to study legal acts and procedures to be taken should a building restriction become necessary at a later date. If this is done in advance, a restriction could be effectuated immediately. He felt that the matter should be reconsidered no later than February of 1974. MOTION: Councilman Jennings moved that Council defer any decision on the water situation until the first Council meeting in March and that Staff and Council maintain a vigil on the water situation and be prepared to take action at any time. Councilman Donohoo asked Councilman Jennings if he would amend his motion to include that this matter could be brought back to Council by Staff at any time should it be necessary. .I MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL' October 8', 1973 Councilman Jennings amended his motion to include that this matter be brought back to Council by Staff at anytime should it be necessary.' The motion was seconded by Councilman Donohoo and carried on the following roll call vote. AYES: Councilmen Donohoo, Jennings, Keiser and McConaghay NOES: Mayor Mitchell MOTION: Mayor Mitchell moved that a committee be established to study various alternatives and methods of placing limitations on construction so that if, in the opinion of the Council it becomes necessary, building restrictions can be implemented. The motion was seconded by Councilman McConaghay and unanimously carried.. Mayor Mitchell appointed Councilmen Donohoo and Jennings as Council members to this committee and asked Mr. Warden and Doug Stuart to be on it also. Staff was also directed to contact the Planning Commission so that they can select a member of their body to serve on this committee. Along the same lines,, Mr. Warden informed the Council that the Planning Commission had approved two projects contingent upon the establishment of building permit controls by the City Council. The projects with this condition are (1) Brebes Morro Bay Fisheries restaurant and floating docks and (2) G1enn,Johnson for construction of a commercial building and boat building yard. Mr. Warden stated that the wording of the motion by the Planning Commission implies that the projects are not approved unless the Council, in fact, establishes building permit controls.. It is necessary, since the Council did not establish these controls, to protect the applicants' ten day appeal rights to the Council by extending the ten day period so that they can go back to the Planning Commission for re-evaluation as a result of Council action this evening. MOTION: Mayor Mitchell moved that this matter be referred back to the Planning Commission and that the applicants have a continued right of appeal from and after the date the Planning Commission makes a final determination on this condition. The motion was seconded by Councilman Jennings and unanimously carried. NEW BUSINESS C-1 ORDINANCE NO. 118. Ordinance amending Chapter IV of Title III of the Morro Bay Municipal Code - Well construction, repair, modification and destruction Mayor Mitchell stated that the City had received notification from the California Regional Water Quality Control Board - Central Coast Region, that the City's present ordinance regarding wells is in need of some amendments. The proposed ordinance incorporates these amendments. MINUTES - MORRO Regular Meeting Page Seven, BAY CITY COUNCIL October 8, 1973 MOTION: Councilman McConaghay moved that Ordinance No. 118 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Ordinance No. 118 by title only. MOTION: Councilman Donohoo moved that this constitute the first reading of Ordinance No. 118. The motion was seconded by Councilman Jennings and unanimously carried. C-2 Awarding of bid for replacement sedan Mayor Mitchell stated that six bids had been received for the Public Works sedan replacement. Mr. Doug Stuart had re- commended that the bid be awarded to Burton Motors in the amount of $3,002.90. This bid exceeds a lower bid, however, Mr. Stuart feels that since the dealer is local and service and parts will be easily available, the bid should go to Burton Motors. Also, the vehicle offered exceeds the City's specifications. MOTION: Councilman Donohoo moved that the bid for the replacement sedan be awarded to Burton Motors in the amount of $3,002.90 as suggested by Mr. Stuart. The motion was seconded by Councilman Keiser and unanimously carried. C-3 Awarding of bid for Select System No. 53 - Embarcadero resurfacing Mayor Mitchell stated that there had been six bids received for this project and the low bid had come from Ted Watkins Construction in the amount of $6,756.25. Mr. Stuart had recommended that Council award them the bid. MOTION: Councilman McConaghay moved that the bid of Ted Watkins Construction in the amount of $6,756.25 be accepted. The motion was seconded by Councilman Donohoo and unanimously carried. C-4 Consideration of request of the City of Petaluma for financial aid Mayor Mitchell stated that the Council was in receipt of correspondence from the City of Petaluma. The letter states that as a result of a Residential Development Control Policy, an Environmental Design Plan and a.Housing Element of the General Plan, the City of Petaluma is under legal attack. The plan limits con- struction to 500 residential units per year. Because of the large sums for legal fees and other costs in connection with litigation over this matter, the City of Petaluma is requesting financial aid in the order of $250 from each city to defend their Plan. MOTION: Councilman Donohoo moved that the request of the City of Petaluma be filed. The motion was seconded by Councilman Jennings and unanimously carried. • C� MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL October 8,. 1973 INDIVIDUAL DETERMINATION -AND/OR ACTION D-1 City Council (1) Mayor Mitchell read a letter he had received from the League of Women Voters requesting that the City Council go on record opposing Proposition No. 1: Mrs. Dovey, representing the League of Women Voters was present to review this matter with the Council. She stated that the City of San Luis Obispo has already gone on record opposing this constitutional amendment on Tax and Expenditure Limitations which will be a detriment to local government. MOTION: Councilman Keiser moved that the City Council go on record opposing Proposition No. 1. The motion was seconded by Mayor Mitchell. Councilman Jennings stated that he would abstain from voting since he has not reviewed the Proposition thoroughly enough to make a decision at this time. The motion carried with Councilman Donohoo voting no and Councilman Jennings abstaining. D-2 City Attorney Mr. LeSage had nothing to report at this time. D-3 City Administrator (1) Mr. Warden stated that he had received a request from the Morro Bay Lions Club for permission to hold their annual Halloween parade on Sunday, October 28th from 12:00 p.m. to 3:00 p.m. Since the request came too late to make it an agenda item and the Council does not meet again before the parade is scheduled, it is requested that Council approve a resolution for the activity at this time. RESOLUTION NO. 71-73. Resolution granting a Use Permit to the Morro Bay Lions Club to conduct a Street Parade MOTION: Councilman McConaghay moved that Resolution No. 71-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 71-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 71-73. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. (2) Mr. Warden informed the City Council that he had just received notification from the City's election suppliers that recent legislation had moved the election date for general law cities up from April 9th to the first Tuesday after the first Monday in March which will make election day March 5. Nomination papers can be circulated and filed from December 6 to December 27. If the Council wishes, it can pass an ordinance which would set a MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL October 8, 1973 filing fee at no more than $25.00. Mr. Warden felt that it is not necessary to do so at this time; also, it must be done by November 1st, which does not leave the Council sufficient time to complete the action. Council took no action on this matter. (3) Mr. Warden requested approval from the Council to enter into discussions with 'Stone and Youngberg regarding a possible bond issue to pay for the wastewater reclamation project. This would only be to determine the City's financial position for bonding, how much it would cost, etc. He would come back to Council for a final determination as to whether or not this matter should be placed on the ballot for determination by the taxpayers. MOTION: Councilman Donohoo moved that the City Administrator be authorized to enter into an agreement with Stone and Youngberg for the purpose of preparation of a bond issue. The motion was seconded by Councilman Jennings and unanimously carried. (4) Mr. Warden informed Council members that the League of California Cities, Channel Counties Division quarterly meeting will be held in Morro Bay at the Golden Tee on November 9, 1973. He asked if Council wished to invite the Planning Commission and Staff members to this meeting since it is in Morro Bay. Council felt that they should be invited to attend. (5) Mr. Warden informed the Council that a termite inspection has been conducted of the Veterans Building and it was found that the work involved to rid the building of termites would be somewhere in the area of $3,500.00. There will also be the expense of bringing the building up to fire and safety codes. Council felt that the City Administrator should attempt to secure these repairs through the County before the City assumes possession of the building. Mr. Warden also stated that Mr. Wells, current custodian of the building, is not interested in continuing employment under the City's supervision. It will, therefore, be necessary for the City to hire an additional man as the City's current forces cannot handle the additional duties of operation and maintenance of the building. The Council felt that the City should have these cost factors brought to the County's attention. (6) Mr. Warden presented the Financial Report for the period July 1, 1973, through September 30, 1973, for the con- sideration of the Council. MOTION: Councilman Donohoo moved that the Financial Report for the period July 1, 1973, through September 30, 1973, be approved. The motion was seconded by Councilman Jennings and unanimously carried. (7) Mr. Warden presented fhe Expenditure Report for the period September 16-30, 1973, for the consideration of the Council. • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 8, 1973 Page Ten MOTION: Councilman Donohoo moved for approval of the Expenditure Report for the period September 16-30, 1973. The motion was seconded by Councilman Jennings and unanimously carried. CORRESPONDENCE 1. Letter from the Motel Association to the Central Coast Regional Commission objecting to the 96 unit motel proposed by David Vienna. 2. Letter from Dorothy Cutter objecting to water rationing. 3. Letter from the Board of Supervisors.thanking the City for the use of the Recreation Hall for the Central Coast Regional Commission meeting. MOTION: Councilman McConaghay moved that the correspondence be filed. The motion was seconded by Councilman Jennings and unanimously carried. ADJOURNMENT MOTION: Councilman McConaghay moved that the meeting be adjourned. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned at 10:57 p.m. Recorded by: M. L. WARDEN City Clerk By: Ardith Davis Deputy City Clerk 0 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that there will be a joint meeting between the Morro Bay City Council and the Planning Commission on Tuesday, September 25, 1973, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, to consider the following: 1. Wastewater reclamation project 2. Water supply DATED: September 21, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California 0or By: fM. L. WARDEN, City Clerk MINUTES - MORRO BAY Special Meeting September 25, 1973 Morro Bay Recreation CITY COUNCIL 7:30 p'.m. Hall The meeting was called to order at 7:30 p.m. Mayor Mitchell noted that this is a joint meeting between the City Council and the Planning Commission for the purpose of reviewing the Preliminary Environmental Assessment for the Wastewater Reclamation Project and studying the water supply situation in Morro Bay. He stated that there would be no public comments as this is an information meeting only; there would be adequate time for public input at another time. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay, Mayor Mitchell, Commissioners Baxter, Brown, Sanders and Woll. ABSENT: Commissioner Greenelsh Mr. Styles of John Carollo Engineers briefly reviewed the reclamation project for the benefit of the Planning Commissioners. He then turned the meeting over to James T. Emanual, also of John Carollo Engineers, who informed Council and Commission members of the average flow from the treatment plant oer day and the expected flow when the reclamation project is in effect. The next item of discussion concerned the time that the present supply of water in the City of Morro Bay will last. Mr. Emanual stated that his firm has prepared a chart which involves, -projections based on past experience. The chart reflected comparisons, by year, between (1) rainfall, (2) water levels in City wells, (3) water production, and (4) water services. It is estimated that the City will have the reclamation project in service by 1975-76 and available Nacimiento water by 1980. The chart also took into consideration a possible fifty acre feet of water from Whale Rock. According to past experience, it was estimated that, if construction increases as it has been, and rainfall conditions vary, the City will have to ration, and possibly use,Whale Rock water in 1974 and may not have enough water, even with Whale Rock to depend on in 1975. Mr. Warden stated that the State has not yet committed themselves to allow the City use of a site for the proposed reservoir at their property near Camp San Luis Obispo. If the City does not obtain permission to use this property, it must work with the farmers for use of their property which would be difficult because farmers are unwilling to enter into a long term lease for use of their property. Another alternative is buying property for a reservoir site or working with the County for the proposed golf course irrigation. In order for the State to consider City use of their property, the project must be for recreational purposes; this could relate to plantings or swimming, or boating, etc. Mr. Warden reviewed various conditions possible over the / next three years in different combinations, i.e., low rainfall, E MINUTES - MORRO Special Meeting Page Two BAY CITY COUNCIL September 25, 1973 normal basin, with Whale Rock water - no rainfall, low basin, no Whale Rock water, etc., and whether or not rationing and/or restricted building must be initiated. Mr. Warden stated that, according to Staff's best estimation, if the'City limited construction to i00 equivalent units per year, that is each unit being equal to one family residence, the City would have enough water to last through the completion of the reclamation project, which is 1976. He explained that a counting of the building permits would not show a true reflection of the amount of water to be used since one building permit could be for a motel or apartment house which,would have numerous family units, as opposed to a bank or'other enterprise. . There was discussion with regard to restricting subdivisions rather than putting a limit on the equivalent housing units. Mr. Warden felt that this would not be equitable since homes, apartments, motels, etc., could still be built in excess of the safe amount for water production even without subdivisions. There was also discussion regarding rationing with Commissioner Sanders stating that the people living in Morro Bay should come before the people who would move here as a result of a new residence. Mr. Warden stated that it was not within his purview to make a decision as to whether it is more equitable to ration water or stop construction which would put numerous citizens out of a livelihood. This decision is for the governing body to make. Both ways involve a risk; however, he had made Staff's recommendation in the 100 equivalent units to be allowed to be constructed per year. It would probably take a special board to apportion these equivalents out. RECESS 8:45 p.m. RECONVENED 8:56 p.m. Discussion continued as to what action should be taken by Council. It was decided that this matter would be scheduled for a Council meeting as soon as possible to allow public input and a decision to be made by Council. Mr. Warden was directed to call a special meeting if the need arises resulting from large amounts of building permits taken out at one time so that an immediate decision can be made. Otherwise, this matter will be scheduled for the Council's October 8, 1973, meeting. MOTION: Councilman Donchoo moved that the meeting be adjourned. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned at 9:05 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF PUBLIC HEARIN NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, September 24, 1973, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the Preliminary Environmental Assessment of Morro Bay Wastewater Discharge Facilities, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against, or in modification of said Preliminary Environmental Assessment. Said report is on file at City Hall, 595 Harbor Street, Morro Bay, California and the San Luis Obispo County Library, 410 Morro Bay Boulevard, Morro Bay, California, for review and comment by the public. Comments must be received in writing by September 14, 1973, in order to be incorporated into the final Environmental Impact Report. DATED: August 16, 1973 M. L. WARDEN, City Clerk City of Morro Bay, California CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING September 24, 1973 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 11, 1973 2. Minutes of the `executive meeting of September 11, 1973 3. Minutes of the adjourned regular meeting of September 15, 1973 4. Minutes of the executive meeting of September 15, 1973 HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of representative from the Automobile Club of Southern California for presentation of award to the Police Department A-2 Appearances of J. F. Mayer of Standard Oil Company of California regarding Estero Bay monobuoy facility A-3 Public hearing on the Preliminary Environmental Assessment of Morro Bay's Wastewater Discharge Facilities A-4 Report on status of City's fire insurance policy UNFINISHED BUSINESS B-1 Ordinance No. 116. Ordinance modifying the State speed limits on certain streets or portions thereof - second reading B-2 Ordinance No. 117. Ordinance amending Ordinance No. 1 entitled the Uniform Local Sales and Use Tax Ordinance - second reading NEW BUSINESS C-1 Application of International Security for private patrol service business license INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence 6 0 MINUTES - MORRO BAY Regular Meeting September 24, 1973 Morro Bay Recreation CITY COUNCIL 7:30 p.m. 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, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None MINUTES: The minutes of the regular and executive meeting of September 11, 1973, and the adjourned regular and executive meeting of September 15, 1973, were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved. The motion was seconded by Councilman Jennings and unanimously carried. HEARING, APPEARANCES AND REPORTS A=1 Appearance of representative from the Automobile Club of Southern California for presentation of award to the Police Department Mr. Larry Stirling, District Manager of the Auto Club, stated that each year, the Auto Club sponsors a program to acknowledge cities with low fatality rates for pedestrians throughout the nation. 'Morro Bay was in competition with 832 other cities of like population. Mr. Stirling presented a three year achievement award for pedestrian safety citation to Chief of Police, Richard A. Schacht. Also presented to Chief Schacht was a Distinguished Safety Service Award for his personal contributions to the City of Morro Bay. A-2 Appearance of J. F. Mayer of Standard Oil Company of California regarding Estero Bay monobuoy facility. Mr. J. F. Mayer, Project Manager, Supply and Transportation, for the Standard Oil Company of California, reviewed the proposed locations of a deepwater terminal at Estero Bay. He stated that the project is in the planning stage only and that the Company is studying the environmental impact of such a project. Mr. Mayer described the proposed facility as a single point mooring buoy which would be installed 14,000 feet from the shore near the existing Standard Oil Terminal between Cayucos and Morro Bay. This buoy will be able to handle ships in the capacity range of 200,000 to 400,000 tons. Standard Oil Company believes that the oil can be imported with greater safety and at a lower cost if the larger carriers are used. He said that this oil would be transported through pipe 279 miles north to Richmond, California. Mr. Mayer said that the Company is studying various other MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September.24, 1973 Page Two ports along the coast, but Estero Bay seems to be the best location for this facility. One of the reasons for this is that the location is accessible to shore property owned by Standard Oil Company. Thez; terminal for the facility will be located on their property its Toro Canyon. It will be situated so that it will not be visible from the highway, thus not having an environmental impact from a visual standpoint. He continued to review the impacts this project might have on the environment. He asked the City Council to defer any official action regarding this matter until a final proposal is made and until all the details of the proposed project are known. Mr. Mayer then answered questions from the Council and the public. It was noted that the present one serving smaller ships in the same area will remain and function as it now does. There was considerable discussion regarding possible oil spills with Mr. Mayer maintaining that the Company is working on an emergency organization which will respond to oil spills should there be any. Also, they are investigating various preventative measures for installation in the facility to guard against oil spills. Mr. Joseph Giannini asked several questions as to why the facility could not be built elsewhere. Mr. Mayer gave him various reasons why other ports are unsuitable for this project, but stated that others are still being studied and considered as possible locations for this facility. Mr. Giannini felt that if this proposal did, in fact, become a reality in Estero Bay, Standard Oil Company should give up some of the beach area they own for public use. Mr. Mayer'stated that the Company would give this matter consideration. Comments were heard also from Mrs. Katherine Walling, Milton Levey and Randy Bennel.. It was noted that no action from the City Council is required at this time. RECESS 8:33 p.m. RECONVENED 8:42 p.m. A-3 Public Hearing on the Preliminary Environmental Assessment of Morro Bay's wastewater discharge facilities Mayor Mitchell stated that this is a hearing to consider the Preliminary Environmental Assessment of a project to replace the existing ocean outfall of the Morro Bay-Cayucos Wastewater Treatment Plant. He declared the public hearing open at 8:42 p.m. Mayor Mitchell said that the hearing notice for this project had been advertised in the Sun -Bulletin on August 23, 1973, and that the Preliminary Environmental Assessment had been available at City Hall and the County Library in Morro Bay since August 17, 1973, for review by the public. Mayor Mitchell called on Jim Emanual from John Carollo Engineers to present this report to the City Council. 46 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL September 24, 1973 Mr. Emanuel stated that the'City's present outfall system does not meet standards set by the State Water Quality Control Board. In studying this matter for the City, Carollo Engineers had considered three alternative solutions to bring the City's treatment plant up to State requirements. The first consideration was an ocean outfall plus treatment system which would cost anywhere from 3.58 million dollars to 5.24 million dollars, depending upon how far the system would extend into the ocean. The second consideration was a land disposal system whereby the waste water was spread on the land with treatment but without benefit'to the citizens. This would cost somewhere in the area of 3.14 million dollars. The third consideration and the one recommended by Carollo Engineers, is a reclamation project. This would mean treatment of the effluent and disposal for irrigation purposes. It will cost approximately 2.83 million dollars to 3.18 million dollars to contract. This concept, along with being the least ex- pensive, would provide a benefit by utilizing the wastewater for irrigating golf courses and farm lands, thereby saving the fresh water for drinking purposes. Mr. Emanuel introduced Jeff Styles of John Carollo':En- gineers who presented the Preliminary Environmental Assessment for Morro Bay's Wastewater Discharge Facilities. Mr. Styles described, in length, the potential environmental effects of the proposed reservoir, to be used for storing the effluent, and the spraying process on the various aspects of the en- vironment, i.e., plantings, wildlife, atmosphere, etc. He spoke briefly of a fourth alternative to this problem, which is to leave the treatment plant as it is. This is not recommended because of the pollution caused to the ocean waters of Morro Bay and because it does not utilize wastewater thereby alleviating somewhat the water situation in Morro Bay. Mr. Styles then invited questions from the Council and the general public regarding this report. Katherine Walling asked Mr. Styles how the design would work, how large the reservoir will be, and where the effluent will be sprayed. Mr. Styles illustrated on a diagram, where the reservoir will be located and where the pipe will be laid from the treat- ment plant to the reservoir. The.spray will be on some plantings to be planted by the City, the present golf course and a County proposed golf course. The reservoir will be located in a canyon near Camp San Luis Obispo. Mrs. Walling asked what the'size of the reservoir will be. Mr. Styles stated that it will be able to contain approximately 565 acre feet of water, it will be about 48 feet tall with a surface area of about 40 acres. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 24, 1973 Page Four Mrs. Walling asked why a fence was needed around the reser- voir. Mr. Styles informed her that the fence was to keep the larger animals, such as cattle, out of the area. Mrs. Walling then asked what the evaporation of this water would be. Mr. Styles indicated that upon checking with the local weather bureau, they had found that they can expect about 42" per year evaporation for a reservoir of the size contemplated for this project. Councilman Keiser asked Mr. Warden if the State had required that a reservoir be installed. Mr. Warden stated that the purpose of the reservoir is for the winter hold back period when the land cannot hold the water. The State has not yet committed themselves one way or another on this project. Mayor Mitchell asked if the water which will go into the reservoir will be treated more or less than the water which presently goes out into the ocean. Mr. Emanuel stated that water that is to be used as reclaimed water has to be of a higher quality according to State Water Quality Control Board requirements regarding waste discharge. Mayor Mitchell asked why it was considered appropriate to fence the reservoir to keep cattle out, but to allow other animals to go in. Also, why.is it permissible to use the effluent on foddered crops to feed cattle if they are not allowed near the reservoir. Mr. Styles stated that the fence was primarily to keep people out, however, in talking with some of the farmers in the area, they had indicated that they would prefer the fence around the reservoir to keep their cattle out. He said that the spraying of the crops would take place followed by a resting period before cattle were allowed to graze. Mr. Walling asked if the reservoir was at all for recreational purposes. Mr. Warden said only as far as irrigating foliage for recreational areas is concerned. Mr. Joseph Giannini asked what role nitrates play in water softener. Mr. Styles stated that he had not mentioned nitrates, however, water softeners were a concern because of the salt used in them. This salt creates brine which, if sprayed on crops, will be a detriment to growth. The project calls for a lessening of the salts and minerals in the water. They will also investigate the possibility of sea water intrusion from the waters on the Embarcadero. Mr. Warden stated that the restriction on water softeners would be over a period of time; it will be a phasing process rather than an immediate change. Ned Rogoway stated that the report needed a section entitled "Mitigating Measure" in order to comply with the State guidelines. He said that the mitigating measures were interspersed in the report, but it is necessary that they be singled out as a separate chapter. Mrs. Walling asked if the reservoir will be visible from the highway. Mr. Styles stated that the reservoir will parallel a frontage road and will be buried, but it is not yet known MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 24, 1973 Page Five whether or not any of it will be visible. As there were no other questions or comments, Mayor Mitchell stated that the questions and the answers provided would be incorporated in the total report to be forwarded to the appropriate State and Federal agencies as required by the Environmental Quality Acts. Mr. Warden read two letters which were the only written comments received on the project. These letters were from the Department of the Army and the County Engineering De- partment. He stated that he had received a call from Mr. Nevin Holmberg of the Fish and Wildlife Service. Due to unforeseen circumstances, Mr. Holmberg was unable to submit written comments in time to be presented this evening, however, he did not have any serious objections to the Environmental Assessment for this project. Mayor Mitchell closed the public hearing at 9:20 p.m. Councilman McConaghay called the attention of Staff to Page 3 and Page 12 of the Preliminary Environmental Assessment and stated that in one place it says that the City does not have a secondary treatment plant and in another it says the City has a primary and secondary plant. There was some discussion as to engineering terms and it was decided that these sections needed further clarification. Mrs. Walling asked where the fill will come from for the dam. Mr. Styles stated that it will be an earth filled dam and it has not yet been determined where the fill will come from. MOTION: Councilman Jennings moved that the Council accept the report as being adequate and make a finding that there is no significant environmental effect in the proposed project. The motion was seconded by Councilman Donohoo and unanimously carried. A-4 Report on status of City's fire insurance policy Mayor Mitchell stated that the City had recently hired a firm to make an inventory on the total properties of the City in order to determine whether changes should be made in the insurance coverage of the City. After a fire at the treat- ment plant last year, it was discovered that the City was under -insured, thus the need for an inventory and re-evaluation of the City's insurance policies. As a result of appraisal, the Staff was recommending securing a policy which would include actual replacement value and were requesting Council approval to go to bid on this type of policy. This would bring the City's coverage in line with the appraisals. MOTION: Councilman Donohoo moved that Staff be authorized to proceed with securing bids on fire insurance coverage as recommended. The motion was seconded by Councilman MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL September 24, 1973 Keiser and unanimously carried. UNFINISHED BUSINESS B-1 ORDINANCE NO."116. Ordinance modifying the State speed limits on certain streets or portions thereof - second reading. Mayor Mitchell explained that Staff had made a study of various streets in the City and it was determined that speed limits need to be increased on several City streets. MOTION: Councilman Jennings moved that Ordinance No. 116 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Ordinance No. 116 by title only. MOTION: Councilman Jennings moved that this constitute the second and final reading of Ordinance No. 116 and that it be adopted. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. B-2 ORDINANCE NO. 117. Ordinance amending Ordinance No. 1 entitled the Uniform Local Sales and Use Tax Ordinance - second reading MOTION: Councilman Donohoo moved that Ordinance No. 117 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Ordinance No. 117 by title only. MOTION: Councilman Donohoo moved that this constitute the second and final reading of Ordinance No. 117 and that it be adopted. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. NEW BUSINESS C-1 Application of International Security for private patrol service business license. Mayor Mitchell stated that City ordinance requires that an application for a private patrol service business license must come before the City Council for approval. The City Administrator and the Chief of Police have both recommended approval of the issuance of a business license to the applicant. Mr. Warden stated that the name of the business is Olmstead Security Agency rather than International Security as mentioned in the agenda. MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL September 24, 1973 MOTION: Councilman Donohoo moved for approval of the issuance, of a business license to Olmstead Security Agency for a private patrol service as recommended by the City Administrator and Chief of Police. The motion was seconded by Councilman Keiser and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council (1) Councilman Keiser asked Staff when stop signs were going to be placed'at various critical areas through- out the City. Mr. Warden stated .that Staff was working on this problem, but it takes time to research the matter thoroughly. He said that Council could, if they wished, designate certain streets to have stop signs installed without benefit of traffic studies. (2) Mayor Mitchell introduced Mr. Art Thomas who wished to request Council endorsement of the State purchasing certain properties in the area south of Morro Bay for estuary preservation. Mr. Thomas described the areas and stated that unless the State purchases the properties, they will fall to private developers and be,destroyed. He urged Council endorse- ment as soon as possible since the State budget is being considered October 1st and the monies could be budgeted at that time for the purchase of these properties. MOTION: Mayor Mitchell moved that the City Administrator be directed to send a letter to the appropriate agency setting forth Council endorsement of the proposal that the State purchase this property for preservation. The motion died for lack of a second. Mr. Giannini spoke in favor of Council endorsement of this purchase. Councilman Keiser asked the City Attorney if it was proper for Council to concern, themselves with something not within the City limits of Morro Bay. Mr. LeSage stated that the Council can make a recommendation since it concerns the area around Morro Bay in the same way they can consider endorsement of the monobuoy project in Estero Bay. Mayor Mitchell felt that the City does have a concern in this area. MOTION: Mayor Mitchell moved that the�City Administrator be directed to send a letter to the appropriate agency setting forth Council endorsement of the proposal that the State purchase this property for preservation. The motion was seconded by Councilman Keiser. MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL September 24, 1973 Councilmen Donohoo and Jennings stated that they would vote against this motion because of the growing amount of property already purchased by the State and removed from the tax rolls. The motion was carried by the following roll call vote: AYES: Councilmen Keiser, McConaghay and Mayor Mitchell NOES: Councilmen Donohoo and Jennings (3) Councilman Jennings informed Council and the public that there would be a meeting of.the Harbor Committee on Thursday, September 27, 1973, at 7:30 p.m. in the City Hall Conference Room. D=2 City Attorney Mr. LeSage had nothing to report at this time. D-3 City Administrator (1) Mr. Warden reported that the new Senior Citizens organization currently forming in the City is in need of a meeting place. He recommended Council approval of the Recreation Office Building next to City Hall for their meeting place. Council concurred in this recommendation. Councilman Keiser stated that the EOC had hired a Mrs. Jeanette Duncan to coordinate this organization and Mrs. Duncan is a very qualified person for this position. (2) Mr. Warden stated that the Council had, last year, appointed one of the local ministerial group to serve as City Chaplain. The Ministerial Association was requesting that Reverend Dudley Johnson be appointed as City Chaplain for the coming year. There was some discussion as to the duties of a City Chaplain and Mr. McConaghay stated he would contact the City Chaplain and discuss these matters with him. MOTION: Councilman Jennings moved that Reverend Dudley Johnson be appointed City Chaplain for the ensuing year: The motion was seconded by Councilman Donohoo and unanimously carried. (3) Mr. Warden stated that due to the League of California Cities Annual Convention in San Francisco on October 21-24, it would be necessary to change the City Council meeting date from October 22 as there probably would not be a quorum present at the meeting. MOTION: Councilman Donohoo moved that October 29, 1973, be scheduled as the second regular meeting date in October rather than October 22, 1973. The motion was seconded by Councilman Jennings and unanimously carried. 0 MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL September 24, 1973 (4) Mr. Warden presented the Expenditure Report for the period September 1-15, 1973, for the consideration of the Council. MOTION: Councilman McConaghay moved for the approval of the Expenditure Report for the period September 1-15, 1973. The motion was seconded by Councilman Jennings and unanimously carried. (5) Mr. Warden presented the Financial Reports for the periods ending June 30, 1973, July 31, 1973, and August 31, 1973, for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Reports for the periods ending June 30, 1973, July 31, 1973, and August 31, 1973. The motion was seconded by Councilman Jennings and unanimously carried. (6) Mr. Warden requested that Council adjourn to executive session to discuss possible litigation matters. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting adjourn to executive session to discuss possible.litigation. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned to executive session at 10:00 P.M. and returned to regular session at 10:38 p.m. MOTION: Councilman McConaghay moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting adjourned at 10:38 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis 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, September 15, 1973 at 9:30 a.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider applicants for Civil Engineer/ Deputy Director of Public Works. DATE: September 13, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California M. L. WARD , City Clerk 40 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting September 15, 1973 9:30 a.m. City Hall Conference Room The meeting was called to order at 9:50 a.m. by Mayor Mitchell. PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None It was noted that the meeting had been called for the purpose of interviewing applicants for the position of City Engineer/ Deputy Director of Public Works. MOTION: Councilman Donohoo moved that the meeting be adjourned to executive session to interview applicants for City Engineer/Deputy Director of Public Works. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned to executive session at 9:51 a.m, and returned to regular session at 11:05 a.m. MOTION: Councilman Donohoo moved that Mr. George Chrissakis be hired as the City Engineer/ Deputy Director of Public Works at Range 39, Step 5, salary to be $1364 monthly. The motion was seconded by Councilman Jennings and unanimously carried. MOTION: Councilman McConaghay moved that the meeting be adjourned. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned at 11:30 a.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk 6 PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the regular meeting of the Morro Bay City Council scheduled for September 10, 1973, has, by minute order of the City Council, been changed to Tuesday, September 11, 1973, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California. DATED: August 30, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M. L. Warden, City Clerk AMENDED NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Notice of Public Hearing published in the August 23, 1973 issue of the Sun -Bulletin setting September 10, 1973, as the hearing date for the consideration of the vacation of an ease- ment on Lot 11, Block 25, Morro Del Mar Subdivision No. 2, Morro Bay, California, is hereby changed to reflect September 11, 1973, as the hearing date; at which said hearing any person interested may appear and express his view for, against or in modification of said easement vacation. DATED: August 30, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California By: L. WARDEN, City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, September 10, 1973, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue'and Dunes Street, Morro Bay, California, and will consider the vacation of an ease- ment on Lot 11, Block 25, Morro Del Mar Subdivision No. 2, Morro Bay, California, as shown on Exhibit "A"; at which said hearing any person interested may appear and express his views for,.against, or in modification of the proposed easement vacation. DATED: August 16, 1973 *0�9-"M. . WADEN, City Clerk City of Morro Bay, California a a c a r I � UI N 'I a m .0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING September 11, 1973 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 27, 1973 HEARINGS, APPEARANCES AND REPORTS A-1 Hearing and resolution abandoning an easement on Lot 11, Block 25, Morro Del Mar Subdivision No. 2 - Keeney UNFINISHED BUSINESS B-1 Resolution of intention to abandon portions of Lots 17 and 24, Block 11E, Atascadero Beach - Hulse B-2 Ordinance modifying the State speed limits on certain streets -or portions' -thereof B-3 Resolution authorizing the installation of stop signs B-4 Awarding of bid for construction.and installation of floats, ramps and pilings in Morro Bay B-5 Ordinance No. 114 - Repealing and/or amending various City of Morro Bay ordinances and/or portions of the. Municipal Code in conflict with current laws - second reading B-6 Ordinance No. 115 - Granting a right of entry to authorized City officials for the inspection of buildings and premises for the enforcement of the provisions of the Morro Bay, California ordinances , NEW BUSINESS C-1 Request of Morro Bay Taxi Company to relocate taxi parking zone C-2 Proposed ordinance amending Ordinance No. 1 entitled The Uniform Local Sales and Use Tax Ordinance INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence • 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 11, 1973 700 p.m. The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Al Eberhart of the Cayucos Community Church gave the invocation. ROLL 'CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay and Mayor Mitchell ABSENT: Councilman Jennings MINUTES: The minutes of the regular meeting of August 27, 1973, were considered by the Council. MOTION: Councilman Donohoo moved 'that the minutes be approved. The motion was seconded by Councilman Keiser and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 RESOLUTION NO. 6'6-73 Resolution and order abandoning an easement on Lot 11, Block 25, Morro Del Mar Subdivision No. 2 Mayor Mitchell stated that there was a hearing scheduled at this time to hear comments with regard to the abandonment of this easement. The easement had been accepted along with other easements during the construction of Improvement District No. 6. It was subsequently discovered that the City has no present or future use for the easement. Mayor Mitchell opened the hearing at 7:33 p.m. and called for comments with regard to the abandonment of this easement. As there were no comments, the hearing was closed at 7:34 p.m. MOTION: Councilman Donohoo moved that Resolution No. 66-73 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Warden read Resolution No. 66-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 66-73. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. BUSINESS B-1 RESOLUTION NO. 67-73. Resolution of intention to abandon portions of Lots 17 and 24, Block 11E, Atascadero Beach, and setting date for hearing Mayor Mitchell stated that this abandonment wouldflallow the owners of the property to relocate the water lines so that they can build a residence in the middle of two lots. They are Lj MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL September 11, 1973 to do this at no expense to the City .in addition to which they have granted an easement to the City in exchange for this abandonment. The City has'already accepted the easement by resolution. MOTION: Councilman Donohoo moved that Resolution No. 67-73 be'read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Warden read Resolution No. 67-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 67-73. The motion was seconded by Mayor Mitchell and unanimously carried by roll call vote., B-2 ORDINANCE NO. '116. An Ordinance modifying the State speed limits on certain streets or portions thereof. Mayor Mitchell reviewed the streets and their respective increases with Council. MOTION: Councilman Keiser moved that Ordinance No. 116 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Ordinance No.116 by title only. MOTION: Councilman Keiser moved that this con- stitute the first reading of Ordinance No. 116. The motion was seconded by Councilman Donohoo and unanimously carried. B-3 RESOLUTION NO. 68-73. Resolution authorizing the in"stallation of stop signs Mayor Mitchell explained that this resolution provided for the installation of stop signs in appropriate places where the speed limits are being increased by Ordinance No. 116. There was discussion with regard to the need for stop signs at various other intersections throughout the City. Mr. Warden stated that the City Engineer is currently working on a report to make recommendations for such stop signs. It was noted that the TOPICS report addressed itself to stop lights only. MOTION: Councilman Donohoo moved that Resolution No. 68-73'be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Warden read Resolution No. 68-73 by title only. 0 0 MINUTES - MORRO Regular Meeting Page Three' BAY CITY COUNCIL September 11, 1973 MOTION: Councilman Donohoo moved for the adoption of Resolution No. 68-73. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote.' B-4 Awarding of bid for construction and installation of floats,•ramps and pilings in Morro Bay Mayor Mitchell stated that bids had been opened for dock construction in the area of Dunes Street end and the City launching ramp. The low bid was received from Ted Watkins Construction Company in the amount of $45,777.00. There were five bids received and it was noted that the Engineer's estimate was $48,000.00. The Director of Public Works had recommended awarding the bid to Ted Watkins Construction Company. MOTION: Councilman Donohoo moved that the bid be awarded to Ted Watkins Construction Company based on their bid of $45,777.00. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Warden asked Council to make a determination as to whom should have first chance at the docks when they are completed; either the waiting list currently held in the Harbor Office for available slips, or the four boats presently docked at Dunes Street end. Councilman Keiser felt that commercial boats should have preference on these City docks. Mayor Mitchell suggested that the matter be put on the agenda for discussion. Mr. Warden agreed and said he would also bring the matter before the Harbor Committee for their recommendations. Councilman McConaghay commented on the state of disrepair of the South T Pier. Mr. Warden informed him that Brebes Morro Bay Fisheries is currently leasing the pier and they have recently been informed by the Director of Public Works that certain repairs must be effected within thirty days. B-5 ORDINANCE NO. 114. Repealing and/or amending various City of Morro Bay ordinances and/or portions of the Municipal Code in conflict with current laws - second reading MOTION: Councilman McConaghay moved that Ordinance No. 114 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Resolution No. 114 by -title only. MOTION: Councilman Donohoo moved that this constitute the second and final reading of Ordinance No. 114 and that it be 'adopted. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. • • MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL September 11, 1973 B-6 ORDINANCE NO.''115. Granting a right of entry to authorized City officials for the inspection of buildings and pre-, mises for the enforcement of the provisions of the Morro Bay, California ordinances Mayor Mitchell explained that this ordinance puts stricter requirements on the right -of -entry for inspection than are currently in force. MOTION: Councilman Donohoo moved that Ordinance No. 115 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Warden read Ordinance No. 115 by title only. MOTION: Councilman McConaghay moved that this constitute the second and final reading of Ordinance No. 115 and that it be adopted. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. NEW BUSINESS C-1 Request of Morro Bay Taxi Company to relocate taxi parking zone The City Council was in receipt of a request from Frank and Rita Abruscato of the Morro Bay Taxi Company to relocate their taxi stand from the southwest corner of Harbor and Main Street on Harbor Street, to the northeast corner of Harbor and Main Street on Main Street. Mr. Warden stated that as he understands it, the main reason for the requested change was for the excess gas used to turn around in the present location. The Chief of Police was in agreement with the relocation, however, he felt the taxi zone should be located on Harbor Street instead of Main Street. He felt that the additional businesses on Main Street needed the parking space more than a proposed spot on Harbor Street. Mr. Warden stated that, according to Chief Schacht, Mr. Abruscato is in agreement with this. MOTION: Councilman Donohoo moved that the Council accept the recommendation of the Chief of� Police and allow the relocation of the taxi zone to the northeast corner of Harbor and Main Street, the zone to be located on Harbor Street: The motion was seconded by Councilman Keiser and unanimously carried. C-2 ORDINANCE NO. 117. Ordinance amending Ordinance No. 1 entitled The Uniform Local Sales and Use Tax Ordinance. Mayor Mitchell explained that the 'amendments to this ordinance were required by the State Board of Equalization in E MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 11, 1973 Page Five order for the City not to lose its Bradley -Burns tax revenue for three months. The amendments are required as a result of SB90. MOTION: Councilman Donohoo moved that Ordinance No. 117 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Warden read Ordinance No. 117 by title only. MOTION: Councilman Donohoo moved that this constitute the first reading of Ordinance No. 117. The motion was seconded by Councilman Keiser and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser reported on the Regional Trans- portation Advisory Committee meeting she had recently attended. . (2) Councilman Keiser also reported on the recent meeting of the newly organized Senior Citizens' Club in Morro Bay. They are making preparations to incorporate. (3) Councilman McConaghay asked Mr. Warden about the business licensing of banks. Mr. Warden informed him that banks are exempt from licensing under banking laws. D-2 City Attorney (1) Mike LeSage requested Council to adjourn to executive session at the close of the meeting to discuss possible litigation. D-3 City Administrator (1) Mr. Warden requested Council approval to purchase seven flowmeters. These are to be attached to each of the wells in order to determine more accurately the amount of water used in the City. The cost for these meters is estimated at approximately $2360.00. Mr. Warden stated that this would not cause an over -expenditure in the current budget since the back -hoe recently purchased was approximately $5,000.00 under the budgeted amount. MOTION: Councilman Donohoo moved that Staff be authorized to expend approximately $2,360.00 for the purchase of flowmeters for all of the City wells. The motion was seconded by Councilman Keiser and unanimously carried. (2) Mr. Warden reported that he was in receipt of a letter from Supervisor Kidwell informing him that MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 11, 1973 Page Six the County has started the process to transfer the Veterans Hall to the City of Morro Bay. (3) Mr. Warden presented the Expenditure Report for the period August 16-31, 1973, for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period August 16731, 1973. The motion was seconded by Councilman McConaghay and unanimously carried. (4) Mr. Warden requested that Council set September 25, 1973, at 7:30 p.m, in the Recreation Hall for a special meeting between the Council and Planning Commission to discuss the City's reclamation project and the City's water situation, He stated that Staff has been gathering water data for several months and will present the Council and Planning Commission with a review of this data at the special meeting. MOTION: Councilman Donohoo moved that a joint study session be set between the Council and the Planning Commission for September 25, 1973, at 7:30 p.m. in the Recreation Hall. The motion was seconded by Mayor Mitchell and unanimously carried. (5) Mr. Warden stated that he also wished to discuss a personnel matter with the Council in executive session. ADJOURNMENT MOTION: Councilman Donohoo moved that the Council adjourn to executive session to discuss possible litigation and personnel matters. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting adjourned to executive session at 8:14 p.m. and returned to regular session at 9:54 p.m. MOTION: Councilman Donohoo moved -that the meeting be adjourned to Saturday, September 15, 1973, at 9:30 a.m. in the City Hall Conference Room for the purpose of inter- viewing applicants for City Engineer. The motion was seconded by Councilman Keiser and unanimously carried. The meeting adjourned at 9:55 p.m. Recorded by: M. L. WARDEN City Clerk By: Ardith Davis Deputy City Clerk 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING August 27, 1973 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 13, 1973 2. Minutes of the adjourned regular meeting of August 18, 1973 3. Minutes of the executive meeting of August 18, 1973 HEARINGS, APPEARANCES AND REPORTS A-1 Hearing on vehicle abatement A-2 Report from Staff on speed zone survey UNFINISHED BUSINESS B-1 Consideration of proposed Harbor Ordinance and Rules and Regulations B-2 Resolution approving sublease for Lease Sites No. 93-95 and 93W-95W - Dennis B-3 Consideration of recommendation from Veterans Hall Committee NEW BUSINESS C-1 Request of Women's Club for funds to help pay for Veterans Hall piano C-2 Consideration of a resolution accepting an easement from Mr. and Mrs. Hulse C-3 Ordinance repealing and/or amending various City of Morro Bay Ordinances and/or portions of the Morro Bay Municipal Code in conflict with current laws C-4 Ordinance granting a right of entry to authorized City Officials for the inspection of buildings and premises for the enforcement of the provisions of the Morro Bay, California ordinances C-5 Ordinance repealing Title X of the Morro Bay Municipal Code entitled "Fire Protection and Prevention" and adopting a Uniform Fire Code and adopting a new Title X entitled "Fire Protection and Prevention" and adopting a Uniform Fire Code INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 27, 1913 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 Paul Deere of the First Christian Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser and Mayor Mitchell ABSENT: Councilman McConaghay MINUTES: The minutes of the regular meeting of August 13, 1973, and the adjourned regular and executive meeting of August 18, 1973, were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Hearing on vehicle abatement Mayor Mitchell stated that there were four vehicles scheduled for hearing at this time and proceeded to identify them and note their location. Mr. Warden stated that the 1962 Chevrolet located on property owned by Exxon Corporation had been removed since Council had received the abatement information. Chief Schacht stated that the 1963 Pontiac and 1961 Oldsmobile located on property owned by Mr. W. E. Holtz had also been removed. The only vehicle for consideration would be the 1955 Oldsmobile located on property owned by Mr. W. E. Holtz. Mayor Mitchell declared the hearing open at 7:35 p.m. and asked for comments regarding this vehicle. As there were none, he closed the hearing at 7:36 p.m. MOTION: Councilman Jennings moved that Staff proceed with the abatement of this vehicle in accordance with the vehicle abatement ordinance. The motion was seconded by Councilman Donohoo and unanimously carried. A-2 Report from Staff on speed zone survey Chief Schacht reported that he, in conjunction with the Director of Public Works and the City Engineer, had conducted speed zone surveys on various City streets and made recommendations for the increasing of speed zones from 25 miles per hour to 35 and 40 miles per hour. He reviewed the streets where the in- creasing of speed limits is advisable and explained how they had arrived at this conclusion. MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL August 27, 1973 It was noted that the cost for resigning the 'areas indicated in the report would be somewhere in the order of $1600.00 for approximately 29 signs. Mr. Warden stated that the 'survey was conducted in accordance with National Automobile 'Club procedures and Staff took into consideration numerous elements before making a final recommendation. There was discussion of the need for stop signs at various intersections throughout the City. MOTION: Councilman Jennings moved that Staff be directed to prepare the appropriate ordinance for implementing the recommendations of Staff as suggested in the memo regarding speed zone surveys.' The motion was seconded by Councilman Donohoo and unanimously carried. It was noted that Morro Bay has one of the lowest fatality and accident rates in the area. UNFINISHED BUSINESS B-1 Consideration of proposed Harbor Ordinance and Rules and Regulations Mr. Warden began the review of the proposed Harbor Ordinance and the Rules and Regulations by explaining Exhibit "B" of the rules and regulations. Exhibit "B" delineates the anchorage area which is divided into two parts; A-1 and A-2. A-1 is located in the area in front of the launching ramp and is designated for individual moorings. A-2 is located north of A-1 and is split into five portions - #1 is designated for individual mooring; #2, 3 and 4 for mooring lease sites with #2 to be set aside for the Yacht Club; and 0 designated as a City anchorage area. Mr. Warden stated that he had received comments with regard to the proposed ordinance; one concerns the mooring and dockage fees and another concerns use of the City T Pier for transit vessels. Also, Council needs to decide how the new City docks will be rented out; whether the people on the current waiting list for docks will have first option or whether the new docks will be rented out on a lottery -type basis. Another objection received was in regard to the requirements for living aboard a vessel. The proposed ordinance makes it necessary for a person wishing to live aboard his vessel to connect with the City sewer system, discon- tinue use of current effluent and waste systems, and obtain Planning Commission approval. The Harbor Committee, in discussing this matter, felt that these regulations were to protect the harbor from pollution and would treat live -aboard vessels in the same manner as any structure used for residences. It was noted that the Federal government has not yet established specifications for holding tanks, although the Federal law does provide a date for compliance. Mr. Warden then reviewed the total ordinance and the rules and regulations by section. u MINUTES - MORRO Regular Meeting Page 'Three BAY CITY COUNCIL August 27, 1973 Mayor Mitchell asked if there were any comments from the public. Comments.were heard from Sandal objecting to mooring charges and expressing his feeling that the building of moorings and their inspection could be conducted by individual owners. Mr. and Mrs. Cunningham spoke in opposition to the regulations governing live-aboards. RECESS 9:00 P.M. RECONVENED 9:11 p.m., Further comments were heard from Reed Christensen in opposition to the proposed length of time a person can stay on his vessel in any one calendar year and that the stringent regulations would effectively ban any live-aboards. MOTION: Councilman Keiser moved that the first reading of the proposed Harbor Ordinance be held this evening. The motion was seconded by Councilman Donohoo. Willard McGonagill spoke in opposition to leasing out portions of mooring areas to private operators; Dale Hunt objected to the fees; and Joseph Giannini objected to the regulations for live-aboards, leasing water areas to private operators and fees to be charged for mooring and docking. There was considerable discussion by Council and the feeling that perhaps the ordinance should be referred back to the Harbor Committee to work out the various points of contention. Councilman Keiser withdrew her motion and Councilman Donohoo' his second. MOTION: Councilman Keiser moved that this matter be referred back to the Harbor Committee. The motion was seconded by Mayor Mitchell. Mayor Mitchell felt that the three main objections; fees, live-aboards, and leasing mooring areas, could better be discussed in an informal manner in a committee meeting. He said that although it has taken a long time to bring this ordinance about, it would not hurt to wait awihile`longer'in"order-'to have -'a good'ordinance. The motion was carried by roll call vote with Councilman Jennings voting "no". Councilman Jennings, Chairman of the Harbor Committee, set Thursday, September 6, 1973, as the date for the next committee meeting and urged all interested persons to attend this meeting. RECESS 10:40 p.m. RECONVENED 10:49 p.m. B-2 RESOLUTION NO. 64=73. Resolution approving a sublease for Lease Sites No. 93-95 and 93W-95W - Dennis Mayor Mitchell stated that the Council had considered this matter at a previous Council meeting and approved the concept at 0 00 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL August 27, 1973 that time. Mrs. Dennis is subleasing the restaurant portion of her lease to Harold J. Anderson. MOTION: Councilman Donohoo'moved that Resolution No. 64-73 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Warden read Resolution No. 64-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 64-73. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. B-3 Consideration of recommendation from Veteran's Hall Committee The City Council was in receipt of a report from the Veteran's Hall Committee which recommended the purchase of the Veteran's Hall as a Social Service Center with the conditions that the facility be brought up to present fire and safety standards and a pest control inspection be made to determine if any major structural deterioration exists; consideration be given to keep the fees as low as possible; and if there are days when the facility is not in use, consideration be given for possible commercial type convention activities. The voting on this recommendation by committee members was ayes 4, noes 2, abstain 1 and absent 5. Mayor Mitchell stated that, having been a member of this committee, he felt the acquisition of this building was appro- priate because, if the City did not acquire it, there was a Veteran's organization that was interested in it and would purchase it. This could mean a substantial increase in rates since it was obvious the present operation of the Veteran's Hall was running a deficit for the County. He felt that if the City kept the building, it could run it so as to keep the rates reasonable for present organizations utilizing the hall, even though it might mean absorbing the deficit. There was some discussion regarding this acquisition. MOTION: Councilman Keiser moved that Council accept the recommendation of the Veteran's Hall Committee, that Staff be directed to proceed with the necessary arrangements to take over the Veterans Building and, if necessary, hire a custodian to take care .of the building. The motion was seconded by Mayor Mitchell. Mr. Warden stated that the committee had requested that copies of the recommendation be mailed to them so that they could comment on the recommendation in writing. This had not been done. Mr. Bill Duke, Chamber of Commerce manager, was concerned that there was not a quorum present at the meeting and, therefore, no action should have been taken. It was noted that seven out of the twelve members were present. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 27, 1973 Page Five Mr. Bill Canon of the American Legion Post asked if there were to be any changes contemplated by the City as far as which organizations were to have use of the hall. He was informed that the same organizations would be able to use the hall; the only difference might possibly be a change in date or time. The motion was unanimously carried by roll call vote. Councilman Jennings gave as his reason for voting in favor of the motion was that the building is to be used as a community center for non-profit organizations. NEW BUSINESS C-1 Request of Women's Club for funds to help pay for Veteran's Hall piano Mrs. Stollard of the Morro Bay Women's Club presented her request that the City supply $130.00 needed in order to replace the piano at the Veteran's Hall. She stated that the County had appropriated $500.00 towards the piano and $130.00 more is needed in order to purchase the desired piano. This piano would revert to City ownership when the City took over the Veteran's Building. There was discussion as to whether the City could supplement these funds without actually owning the building. Mr. LeSage stated that their approval could be contingent upon acquisition of the Veteran's Hall. Mrs. Stollard,stated that the Women's Club could not consider supplementing these funds because the piano would not be for their exclusive use, but for the use of all who used the building. She stated that if the City allowed these funds to be spent for this purpose and for some reason did not acquire the building, she would see that the City got the $130.00 back. MOTION: Mayor Mitchell moved that Council authorize Staff to take $130.00 out of unbudgeted reserve to put toward the purchase of the piano, as described, for the Veteran's Hall on the condition that the Veteran's Hall, as well as the piano, eventually becomes the property of the City of Morro Bay. The motion was seconded by Councilman Jennings and unanimously carried. C-2 RESOLUTION NO. 65-73. Resolution accepting easement from E. W. Hulse and Fern Hulse, husband and wife, and directing recordation Mayor Mitchell explained that Mr. and Mrs. Hulse wished to build a residence on two adjoining lots which would necessitate building over rear lot lines. This means that the 2" water line serving the block needs to be relocated. It is recommended that the City accept the easement for relocation of the water line MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 27, 1973 Page Six which is to be done at no cost to the City, and abandon the existing easement on the lot lines. MOTION: Councilman Donohoo moved that Resolution No. 65-73 be read by title'only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 65-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 65-73. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. C-3 ORDINANCE NO. 114. Ordinance repealing and/or amending various City of Morro Bay Ordinances and/or portions of the Morro Bay Municipal Code in conflict with current laws Mr. Warden explained that the ordinances were part of updating the Municipal Code for codification. The various portions amended, deleted or repealed were redundant and in conflict with current laws. MOTION: Councilman Jennings moved that Ordinance No. 114 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Warden read Ordinance No. 114 by title only. MOTION: Councilman Donohoo moved that this constitute the first reading of Ordinance No. 114. The motion was seconded by Councilman Jennings and unanimously carried. C-4 ORDINANCE NO. 115. Ordinance granting a right of entry to authorized City officials for the inspection of buildings and premises for the enforcement of the provisions of the Morro Bay, California, ordinances MOTION: Councilman Donohoo,moved that Ordinance No. 115 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Ordinance No. 115 by title only. MOTION: Councilman Donohoo moved that this constitute the first reading of Ordinance No. 115. The motion was seconded by Councilman Jennings and unanimously carried. C-5 Ordinance repealing Title X of the Morro Bay Municipal Code entitled "Fire Protection and Prevention" and adopting a Uniform Fire Code and adopting a new Title X entitled "Fire Protection and Prevention" and adopting a Uniform Fire Code MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 27, 1973 Page Seven There was discussion with'regard to Section 10103(2) which concerns regulations regarding. compressed gas tanks. It was determined that as the ordinance is written, persons:. could not keep oxygen tanks in their homeswithout a permit. Chief Rieger and Captain Mehaffey were present to answer questions with regard to the ordinance. After further discussion, Councilman Keiser suggested that the ordinance be referred to the Safety Committee for their review. MOTION: Councilman Keiser moved that this proposed ordinance be referred to the Safety Committee of the City Council. The motion was seconded by Councilman Jennings and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council (1) Councilman Keiser discussed the problem of many operable and inoperable vehicles on residential property,. Mr. Warden stated that he would look into the City ordinances to see if anything could be done about them and report back to Council. DD=2 City Attorney Mr. LeSage had nothing to report at this time. D-3 City Administrator (1) Mr. Warden informed the Council that he had received notification from Planning Commissioner Donald Brown that he would not seek reappointment to that commission when his term expires on December 31, 1973. He was notifying the Council at this time to give them an opportunity to advertise for another commissioner. Mr. Warden stated that Mr. Richard Baxter's term is also expiring at that time as he is serving the unexpired term of Willard McGonagill. (2) Mr. Warden informed the Council that the last day for submission of applications for Deputy Director of Public Works/City Engineer had been August 17. The City had received eight applications and Mr. Warden asked Council to set a date to interview them. Saturday, September 15, 1973, at 9:30 a.m. in the City Hall Conference Room was set for interviewing these applicants. (3) Mr. Warden stated that Monday, September 10, is a legal holiday and also the next regularly scheduled meeting date of Council. He suggested changing the date to Tuesday, September 11. MOTION: Councilman Jennings moved that the next regular meeting of the Council be changed from September 10, 1973, to September 11, 1973. The motion was seconded by Council- man Donohoo and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 27, 1973 Page 'Eight (4) Mr. Warden informed the Council that he had received correspondence from the League of California Cities requesting that Council select a voting delegate and alternate for the Annual Conference in October. MOTION: Councilman Donohoo moved that Mayor Mitchell be selected as the voting delegate and Councilman Jennings as the alternate for the Annual League Conference in October. The motion was seconded by Councilman Jennings and unanimously carried. (5) Mr. Warden was in receipt of correspondence from Envicom Corp. regarding the preparation of a seismic safety element. Envicom Corp. is in the process of preparing a seismic element for the County and Mr. Warden requested permission from Council to contract .with them to prepare one for the City of Morro Bay. It is mandatory that this be prepared as a part of the General Plan, and the cost will be approximately $3800.00. MOTION: Councilman Donohoo moved that Staff be directed and authorized to negotiate with Envicom for a contract to prepare a Seismic Safety Element of the General Plan. The motion was seconded by Councilman Keiser and unanimously carried. (6) Mr. Warden presented Transfer Vouchers 3-4-06 and 3-4-07 for the consideration of the Council. These vouchers were for the transfer of $1,175 from unbudgeted reserve for Woods Animal Shelter services; and the transfer of $5,781 from the Vehicle Replacement Reserve for the tractor/loader/back- hoe, which the City had purchased. MOTION: Councilman Jennings moved for the approval of Transfer Vouchers No. 3-4-06 and 3-4-07. The motion was seconded by Councilman ,Donohoo and unanimously carried. (7) Mr. Warden presented the Expenditure Report for the period August 1-15, 1973, for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period August 1-15, 1973. The'motion was seconded by Councilman Jennings and unanimously carried. (8) Mr. Warden informed the Council that the City had written to and received comments from the Regional Water Quality Control Board and the State Department of Fish and Game concerning the discharge of fish cleaning liquid wastes from the Fire Fighters Fish Cleaning Facility at the City launch ramp. The City had also written to the Environmental Protection Agency, but had received no comment from them. Neither of the agencies heard from definitely object to the deposit of these liquid wastes into the bay. However, the proposed harbor ordinance does prohibit any type of waste being deposited MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 27, 1973 Page Nine into the bay. Mr. Warden suggested that the fish 'cleaning facility be tied into the City sewer system with the Fire Fighters paying an amount equal to what they would have spent to pipe the discharge into the .bay and the City paying the differ- ence. MOTION: Councilman Jennings moved that Council approve the expenditure of the difference between the cost already contemplated by the Fire Fighters and the actual cost of the connection of the fish cleaning facility to the City Sewer system. The motion was seconded by Councilman Keiser and unanimously carried. CORRESPONDENCE 1. Letter from the Coast Democratic Club regarding a superport in Estero Bay. There was considerable discussion with regard to this matter and it was decided to invite Mr. Mayer of Standard Oil Company to make an appearance before City Council and inform them further with regard to this matter. MOTION: Councilman Keiser moved that Staff make arrangements to have Mr. Mayer of Standard Oil Company appear before the City Council to inform them on the matter of a superport in Estero Bay. The motion was seconded by Councilman Jennings and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned at 11:53 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis 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, August 18, 1973 at 10:00 a.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay California, to consider applicants for Planning Director. DATED: August 16, 1973 ' DALE C. MITCHELL, Mayor City of Morro Bay, California By M. L. WARDEN, City Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting August 18, 1973 10:00 a.m. City Hall Conference Room The meeting was called to order at 10:10 by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Donohoo, Keiser, McConaghay and Mayor Mitchell ABSENT: Councilman Jennings There was discussion relative to Mr. Ralph H. Dowell's comple- tion of his probationary period as Assistant City Administrator and consideration of advancing Mr. Dowell to Step 5 of his salary range. MR. JENNINGS WAS PRESENT AT 10:15 A.M. MOTION: Councilman Donohoo moved that Mr. Ralph H. Dowell, Jr. be continued in his employment and that he be advanced to Step 5 of his salary range. The motion was seconded by Councilman Keiser and unanimously carried. There was discussion as to whether or not department heads are considered to'be a part of the "competitive service" and consequently considered "classified" employees. The feeling of Council was that the ordinance clearly removes the City Administrator, City Treasurer, City Attorney, City Engineer and department heads from the "competi- tive service" category. Consequently, these personnel can be dealt with on an individual basis insofar as their being considered a part of the management team and, hence, not considered members of, or represented by, existing organized employee groups. MOTION: Councilman Donohoo moved that the meeting be adjourned to executive session to interview Planning Director applicants. The motion was seconded by Councilman Keiser and unani- mously carried. The meeting adjourned to executive session at 10:25 a.m. and returned to regular session at 3:05 p.m. MOTION: Councilman Jennings moved that Mr. William Joy be selected for the position of Planning Director to be hired at Step 3 of Range 39 and, at the end of the probationary period, that his salary be increased consistent with other department heads if Mr. Joy proves to be satisfactory. The motion was seconded by Councilman McConaghay and unanimously carried. The City Administrator was'directed to notify Mr. Joy to deter- mine if he would accept the position. If not, Mr. Warden is to notify the Council and they wilt consider the other applicants. MOTION: Councilman McConaghay moved that the meeting be adjourned.The motion was seconded by Council- man Donohoo and unanimously carried. The meeting adjourned at 3:20 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk lJ CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING August 133 1973 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MI14UTES 1. Minutes of the regular meeting of July 23, 1973 2. Minutes of the executive meeting of July 23, 1973 HEARINGS, APPEARANCES AND REPORTS A-1 Report from City Administrator A-2 Report from City Administrator Fiscal Year 1973-74 A-3 Report from City Administrator of present water rates on Latazia property on harbor dredging - regarding continuation UNFINISHED BUSINESS B-1 Amended claim for property damages - Virgil S. and Virginia Morris B-2 Resolution authorizing granting of lease to John J. and Gisela G. Kirth for Lease Site No. 16 B-3 Resolution approving grant of Use Permit to Morro Bay Lions Club NEW BUSINESS C-1 Consideration of resolution assigning Lease Site No. 8 from G. G. and Ruth C. Greene to Stanley J. and Shirley E. Rogers C-2 Resolution of intention to abandon an easement on Lot 11, Block 25, Morro Del Mar Subdivision No. 2 and setting date for hearing C-3 Awarding of bid for tractor/loader/backhoe C-4 Resolution setting the tax rates and apportionments for the Fiscal Year 1973-74 C-5 Resolution amending Resolution No. 41-73 with regard to Student Workers' hourly rate C-6 Resolution directing that the unpaid charges for weed abatement be forwarded to the County Auditor for inclu- sion on the 1973-74 tax rolls. C-7 Request of Mildred Dennis to sublease Lease Sites No. 93-95 and 93W-95W to Harold J. Anderson 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 August 13, 1973 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 Wood of the Assembly of God Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None Mayor Mitchell stated that he wished to make a presentation before continuing with the regular items on the agenda. The presentation was to be made to the Coast Little League Senior Division All Stars who are now the Southern California Champions. This is the first time a team from Morro Bay has accomplished this much in baseball and the citizens of this community are very proud of them. Those receiving a certificate of appreciation and a Morro Bay button donated by the Chamber of Commerce were: Clayton Scovel, President of the team; Ben Rodgers, Coach; Kelly Payne, Manager; and the team, Richard Coles, Shawn Kuhn, Paul Lopez, Jack Rodda, Tim Thomas, Ernie Sites, Todd Tognazzini, Robert Lancaster, Daniel Rodgers, Greg St. Clair, Dale Stanton, and Richard Gillette. MINUTES: The minutes of the regular and executive meeting of July 23, 1973, were considered by the Council. Councilman Donohoo stated that he wished to make a correction in the minutes of the executive meeting of July 23, 1973. The figure stated in paragraph two indicates $29,00 and that figure should be changed to read $29,000. MOTION: Councilman Donohoo moved that the minutes be approved as amended. The motion was seconded by Councilman Jennings and unanimously carried. A-1 Report from City Administrator on Letizia property Mr. Warden described the location of this property on Harbor Street which is in the Civic Center complex as identified in the General Plan. In accordance with Council direction, Mr. Warden had contacted Mr. Letizia with regard to the purchase of this property. Mr. Letizia has agreed to sell to the City for $28,200. Mr. Warden explained that it would be possible to use the house on this property for the Recreation Department which is currently located to the West of City Hall. The City would then relocate the Public Works Department and the new City Engineer in this location. Mr. Warden stated that, if the Council wishes Staff to proceed with the purchase of this property, they should so move. The motion should include referral to the Planning Commission for approval of the acquisition. 0 MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL August 13, 1973 MOTION: Councilman Jennings moved that Council direct staff to proceed'withthe acquisition of the,Letizia property and that this matter be referred to the 'Planning Commission for their consideration. The motion was seconded by Councilman Keiser. Mr. Warden stated that the motion should be conditioned on the Planning Commission's approval and also include that the City Clerk and the Mayor.be authorized. to sign the necessary documents to effect this acquisition. Councilman Jennings amended %his motion to include that the.acquisition of this property be conditioned on the Planning Commission's approval and that the Mayor and City Clerk be authorized to sign the necessary documents to effect the acquisition of the property. The amendment was accepted by Councilman Keiser and unanimously carried by roll call vote. Councilman Keiser stated that the reason she was voting in favor of this acquisition was because the City had an opportunity to purchase this property a year ago at a much cheaper price. Property prices continue to go up and the Council must act when it has the chance in order to acquire property for the Civic Center. Mayor Mitchell stated that he voted in favor of the acquisition even though he was not in favor o£ appropriating $115,000 of the budget for Civic Center land acquisition and site planning. The budget determination was the will of the Council and he will go along with it. A-2 Report from City Administrator on harbor dredging - Fiscal Year 1973-74 Mr. Warden reported on a meeting with the Army Corps of Engineers in which the dredging of Morro Bay Harbor for the 1973-74 fiscal year was discussed. Agencies represented at the meeting were the Department of Fish and Game, Water Quality Control Board, Department of the Interior, etc. The main problem discussed at this meeting was the disposition of the tailings from the dredging. In the past, the City has used the sand spit and the area north of Coleman Drive for de- positing tailings. It appears that the sand spit is not a wise location since the sand drifts back into the bay recreating the problem. There was discussion with regard to running a pipe through the surf line south of the south breakwater and depositing the tailings there. The main problem with this proposal was cost; if the pipe was extended beyond approximately 1500 feet, costs could be prohibitive.. The Corps indicated that dredging was to begin in October of this year, but it was thought that this should be postponed until the Spring and give the various agencies involved an 0 • MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL August 13, 1973 opportunity to resolve the tailings problem. This postponement may also work to the advantage of the City as it might be possible for the project to continue through the current fiscal year into the next fiscal year, thereby benefiting from the funds of both fiscal years. Mr. Joseph Gianini was of the opinion that something useful could be done with the tailings, such as enhancing the beach area and perhaps contributing to marine life growth. It was noted that these are possibilities that the Corps is going to look into. The various agencies decided to evaluate the whole problem and come to an agreement as to the best disposal of the tailings. Mr. Warden felt confident that the Corps will find a solution to this problem and that the bay will be dredged in the Spring. MOTION: Councilman Donohoo moved that the City Administrator be authorized to notify the Corps of Engineers that the concept arrived at at the recent meeting held to discuss the dredging of Morro Bay Harbor is agreeable to the Morro Bay City Council. The motion was seconded by Councilman Jennings and unanimously carried. A-3 Report from City Administrator regarding continuation of present water rates In reviewing this matter with the City Council, Mr. Warden compared the revenue and expenditures for the Water Department for the 1972-73 fiscal year. The expenses for the water shortage over the additional revenue derived from the increased rates for water was $3,400.65. There is an estimated deficit for the 1973-74 year of $36,136.00 for support of water expenditures. Among the proposed expenditures are maintenance of pumps and meters, main repairs, three new wells, water exploration funds, replacement of undersized mains, equipment for chlorination facilities, a back -hoe, reclamation project, a million gallon storage tank, etc. Mr. Warden reported on the current status of the water well levels as being the fullest they have ever been since 1970. He said that consumption is down over last year and reviewed the charts depicting the past and current levels of water and water consumption. In discussing the wastewater reclamation project, Mr. Warden stated that the Council would be asked to set a hearing date this evening to consider the Environmental Impact Report for this project. This report will be forwarded to various agencies in the State for their comment. He reported that this project is in the upper one-third of the priorities in Class "D" and is almost assured of funding for this fiscal year. However, the City has to be prepared to handle the contract work flow for this project until the Federal and State funds become available, as well as having the 12 1/2% City cost available. This will mean either a bond issue or drawing from the City's unbudgeted reserve. He did not, at this time, recommend the latter since this would almost deplete the City's reserve. MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL August 13, 1973 Mr. Warden requested Council approval of the retention of the present water rate structure. Councilman Jennings offered clarifying comments for the Planning Commission since they seemed to be in doubt as to the City's actions regarding water. He listed several projects under- way to alleviate the water situation in Morro Bay and stated that although the Council does not feel a need for banning construction yet, this matter is always very seriously being considered by Council. MOTION: Councilman Jennings moved that the present water rate structure be retained. The motion was seconded by Councilman Donohoo and unanimously carried. UNFINISHED BUSINESS B-1 Amended claim for property damages - Virgil S. and Virginia Morris Mayor Mitchell stated that this was an amended claim for damages sustained during the flooding in January and February of 1973. It was in order for Council, in accordance with normal procedures, to deny the amended claim so that the City's insurance carrier can settle the matter in the best interests of the City. MOTION: Councilman Donohoo moved that the amended claim of Virgil S. Morris and Virginia Morris be denied. The motion was seconded by Councilman McConaghay and unanimously carried. B=2 RESOLUTION NO. 57-73. Resolution authorizing granting of lease to John J. Kirth and Gisela G. Kirth for Lease Site No. 16 Mayor Mitchell stated that this lease had been negotiated through City Staff on approval of City Council and is now presented for final approval. MOTION: Councilman Keiser moved that Resolution No. 57-73 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Resolution No. 57-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 57-73. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. B-3 RESOLUTION NO. 58-73. Resolution approving grant of Use Permit to Morro Bay Lions Club Mayor Mitchell stated that this Use Permit was for the Lions Club to use City property next to P. G. & E. for food booths during the Labor Day holiday. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 13, 1973 Page Five MOTION: Councilman Donohoo'moved that Resolution No. 58-73 be read by. title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 58-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 58-73. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. NEW BUSINESS C-1 RESOLUTION NO.'59-73. Resolution approving assignment of Lease Site No. 8 from G. G. Greene and Ruth C. Greene to Stanley J. Rogers and Shirley E. Rogers Mr. Warden informed the Council that this lease site is located just south of the McGurns Motel Apartments. There is no change in use for this site. MOTION: Councilman Donohoo moved that Resolution No. 59-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 59-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 59-73. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. C-2 RESOLUTION NO. 60-73. Resolution of intention to abandon an easement on Lot 11, Block 25, Morro Del Mar Subdivision No. 2 and setting a date for hearing. Mayor Mitchell explained that this easement was acquired for Improvement District No. 6 and it was subsequently discovered that the easement would not be needed, therefore, the City was initiating abandonment proceedings. MOTION: Councilman-Donchoo moved that Resolution No. 60-73 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Warden read Resolution No. 60-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 60-73. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. C-3 Awarding of bid for tractor/loader/backhoe Mayor Mitchell stated that the City had received bids for a u MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL August 13, 1973 tractor/loader/backhoe on July 31, 1973. Seven companies had bid on this machinery and the low bid had been in the amount of $10,000.00 from Wallace Machinery, Inc. This $10',000.00 includes a trade-in of the present 1946 model. Wallace Machinery meets all specifications with regard to this bid, and the Public Works Director has recommended that the Council award this company the bid. MOTION: Councilman Donohoo moved that the Council accept the bid of $10,000.00 from Wallace Machinery, Inc. for the purchase of the tractor/loader/backhoe. The motion was seconded by Councilman Jennings and unanimously carried. C-4 RESOLUTION NO. 61-73. Resolution setting the tax rates and apportionments for the Fiscal Year 1973-74 Mayor Mitchell stated that this resolution established the tax rate for the City of Morro Bay for the 1973-74 fiscal year. $1.00 was apportioned to the General Fund, while the $.05 was for sewer bond redemption. Mr. Warden stated that this will be the last year for the sewer bond redemption tax of $.05 per $100 assessed valuation. Councilman Donohoo requested that this resolution be read in its entirety. Mr. Warden read Resolution No. 61-73 in its entirety. MOTION: Councilman Jennings moved for the adoption of Resolution No. 61-73. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. C-5 RESOLUTION NO. 62-73. Resolution amending Resolution No. 41-73 with regard to Student Workers' hourly rate Mr. Warden stated that this resolution is proposed since the State law minimum rate is,$1.65; the City has been paying the Federal law rate of $1.60 per hour. This rate will effect about eight student workers. Councilman Keiser asked that this resolution be read in its entirety. Mr. Warden re,ad Resolution No. 62-73 in its entirety. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 62-73. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. C-6 RESOLUTION NO. 63-73. Resolution directing that the unpaid charges for weed abatement be forwarded to the County Auditor for inclusion on the 1973-74 tax rolls. MOTION: Councilman Donohoo moved that Resolution No. 63-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 13, 1973 Page Seven Mr.,Warden read Resolution No. 63-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 63-73. The motion was seconded by Councilman Keiser'and unanimously carried by roll call vote. C-7 Request of Mildred Dennis to sublease Lease Sites No. 93-95 and 93W-95W to Harold J. Anderson Mr. Warden stated that the sublease would include only the portion of the lease site on which the restaurant is located. MOTION: Councilman Donohoo moved that Council grant approval of the request of Mildred Dennis to sublease a portion of Lease Sites No. 93-95 and 93W-95W to Harold J. Anderson. The motion was seconded by Councilman Jennings and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser reported on a group being organized by the Senior Citizens to study senior citizens' needs in this community. The first meeting will be held Friday, August 24, 1973, at'the Presbyterian Church. (2) Councilman Donohoo wished to make some corrections with regard to statements made at the last meeting of Morro Bay Tomorrow as reported'in the Telegram -Tribune. The article contained a statement to the effect that the revenue from the increased water rates was in the amount of $100,600 and was being used improperly. Councilman Donohoo�pointed out that, as Mr. Warden had just reported, the City had received only $51,000 from this increase and this money has been used toward the im- provement of the water situation in Morro Bay. It was also stated that the Council had allocated the $100,000 derived from the in- crease in water rates toward the expansion of City Hall. That is not true; no purchase has been made for land from any fund other than from the reserve. Councilman Donohoo informed the public that the City's accounting system is an excellent one and meets both State and Federal regulations and is'audited by the State Government annually. Also, the City's records are audited by a CPA. All City records are public documents and can be examined by the public at anytime. Councilman Donohoo further discussed statements with regard to the maintenance of water mains. He stated that he mentioned the above so that the public may know the facts. Mr. Bailey spoke with regard to Councilman Donohoo's state- ment on water mains. Councilman Keiser stated that she also felt an article MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 13, 1973 Page Eight recently appearing in the newspaper was in error; this was reporting on a Morro Bay Tomorrow meeting in which the City was accused of making the water situation a political issue. She contended that the City was doing everything possible to solve this problem and she considered it a very serious issue and not one to be delt with politically. Further comments were heard from Mr. Bailey and Mr. Giannini who contended that the City was not doing everything possible to solve the water situation in Morro Bay. Further discussion ensued. (3) Councilman Jennings stated that the Central California Communications Corporation had requested a rate increase in December of 1972. Since then, CCCC has installed Cable lines in the Bay Pines Trailer Park and Convalescent Hospital area. Councilman Jennings recommended that the rate increase be denied because reception is not acceptable on all channels, they are not presenting as good a picture as possible and they have made poor response to phone complaints during evening hours. MOTION: Councilman Jennings moved that Council direct Staff to advise the Central California Communications Corporation that their request for a rate increase is denied. The motion was seconded by Councilman Keiser and unanimously carried. DD=2 City Attorney' Mr. LeSage had nothing to report at this time. D-3 City Administrator (1) Mr. Warden requested that the Council set a hearing date for consideration of the EIR for the City's proposed wastewater reclamation project. MOTION: Mayor Mitchell moved that September 24, 1973, be scheduled as a public hearing date for the EIR on the Wastewater Reclamation Project. The motion was seconded by Councilman Donohoo and unanimously carried. (2) Mr. Warden presented the Expenditure Report for the period July 16-31, 1973, for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period July 16-31, 1973. The motion was seconded by Councilman Jennings and unanimously carried. (3) Mr. Warden presented Transfer Vouchers No. 3-4-01, 3-4-02, 3-4-04, and 3-4-05 for the consideration of the Council. These vouchers were for various items such as expenditures for the Wastewater Reclamation Project and E MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL August 13, 1973 and emergency well repairs. MOTION: Councilman Donohoo moved for the approval of Transfer Vouchers No. 3-4-01, 3-4-02, 3-4-04, and 3-4-05. The motion was seconded by Council- man Jennings and unanimously carried. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting be adjourned to Saturday, August 18, 1973, at 10:00 a.m. in the City Hall Conference Room for the purpose of interviewing applicants for Planning Director. The motion was seconded by Councilman Donohoo and unanimously carried. There was discussion as to whether a should be in attendance at the interviews. the Council, along with Mr. Rogoway, would The meeting adjourned at 9:10 p.m. Recorded by: M.L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk F Planning Commissioner It was decided that conduct the interviews. W. 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING July 23, 1973 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 9, 1973 2. Minutes of the executive meeting of July 9, 1973 HEARINGS, APPEARANCES AND REPORTS A-1 Hearing on vehicle abatement UNFINISHED BUSINESS B-1 Request for approval of 105.3W, Ext. of 105.3W, Fisheries, Inc. B-2 Awarding of contract for sewage collection system B-3 1973-74 Tax Roll Charges lease term for Lease Sites No. 106W-108W - Brebes Morro Bay construction of "T" Pier dockside - Improvement District No. 6 NEW BUSINESS C-1 Request of H. L. Yocum and Sons for sublease to Shirley E. Peters and Gertrude E. Cliffe - Lease Site No. 20 C-2 Request of Standard Oil Company to transfer leasehold interests - Lease Site No. 105.1W and 105.2 C-3 Consideration of Planning Commission actions regarding Lease Sites No. 21 and 22 - Gunther C-4 Request of Chamber of Commerce for Use Permit for Rock-0- Rama Parade C-5 Request of Lions Club for use of City property C-6 Resolution determining that 90% of the Select System of Streets within the City of Morro Bay have been constructed INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 23,1973 - 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 Wood of the Assembly of God Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None MINUTES The minutes of the regular and executive meeting of July 9, 1973, were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Hearing on vehicle abatement Mayor Mitchell stated that there was one vehicle to be considered for abatement at this time. He described the vehicle as a 1957 Ford, license number IAT 018, located in the 400 block of Jamaica. Mayor Mitchell declared the hearing open at 7:35 and asked for presentations with regard to this vehicle. As there were no presentations, the hearing was closed at 7:35 p.m. Mayor Mitchell stated that the Council was in receipt of a letter from the property owner where the vehicle is located denying any responsibility for the vehicle. MOTION: Councilman Donohoo moved that Staff proceed with the abatement of this vehicle under the terms of the vehicle abatement ordinance. The motion was seconded by Councilman Jennings and unanimously carried. UNFINISHED BUSINESS B-1 Request for approval of lease term for Lease Sites No. 105.3W, Ext. of 105.3W, 106W-108W - Brebes Morro Bay Fisheries, Inc. Mayor Mitchell reviewed the memorandum from the City Administrator in which he informed the Council that Mr. Gallo's interpretation of negotiations with regard to this lease was that the lease term of twenty-five years would begin after the construction of the docks, which will take approximately two years. Mr.:.Warden_recommended that the lease term for this site be changed to a total of twenty-seven years, since it is possible that a misunderstanding occurred in this matter. MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL - July 23,1973 MOTION: Councilman Donohoo moved that the term of Lease'Sites.No. 105.3W, Ext. of 105.3W, 106W-108W be extended two years for a total of twenty -seven -years beginning July 1, 1973, as recommended by the City Administrator. The motion was seconded by Councilman Jennings and unanimously carried. B-2 Awarding of contract for construction of "T" Pier dockside sewage collection system Mayor Mitchell stated that Council had been informed by the Public Works Director that the low bid submitted for this project was $7,394.25 by R. Baker Construction Company. Mr. Stuart has recommended that the bid be awarded to this company. MOTION: Councilman Jennings moved that the low bid for construction of the "T" Pier dockside sewage collector be awarded to R. Baker Construction Company based upon their bid of $7,394.25. The motion was seconded by Councilman Donohoo. Doug Stuart informed the Council that construction on this project would start within the next few weeks with operation of the facility expected by early Fall. The motion was unanimously carried. B-3 1973-74 Tax Roll Charges - Improvement District No. 6 Council considered a request by the City Administrator that the Council, by motion, direct the placement of the assess- ments for Improvement District No. 6 on the 1973-74 tax rolls. MOTION: Councilman Keiser moved that the assessments for Improvement District No. 6 be placed on the 1973-74 tax rolls. Councilman Donohoo seconded the motion. Mr. Warden explained that the County's work load was such that they will be unable to do this automatically for the cities as they have in the past. For this reason, the City must prepare the charges list themselves and Council must authorize the placement on the tax rolls. He requested that the motion also include that any assessment not collected this year will be added to next year's assessment along with the appropriate amount of interest. MOTION: Councilman Keiser amended her motion to . include that any assessments not collected this year will be added to next year's assessment along with the appropriate amount of interest. The amendment was accepted by Councilman Donohoo and unanimously carried. MINUTES - MORRO Regular Meeting Page Three NEW BUSINESS BAY CITY COUNCIL - July 23,1973 C-1 RESOLUTION NO. 52-73. Resolution approving sublease on Lease 'Sites No. 86 and 861%T (MB20) H. L. Yocum & Sons The meeting was turned over to Mayor Pro Tem Donohoo since Mayor Mitchell is the legal counsel of the sublessee. MOTION: Councilman Jennings moved that Resolution No. 52-73 be read by title only. The motion was seconded by Councilman Keiser and carried, with Mayor Mitchell abstaining. Mr. Warden read Resolution No. 52-73 by title only. MOTION: Councilman Jennings moved that Resolution No. 52-73 be adopted. The motion was seconded by Councilman Keiser and carried, with Mayor Mitchell abstaining. The meeting was turned back to Mayor Mitchell. C-2 RESOLUTION NO. 53-73. Resolution approving assignment of Lease Sites No. 105.1W and 105.2 from. Standard Oil Company of California to Brebes Ocean House, Inc. Mayor Mitchell stated that the Council was in receipt of a letter from Standard Oil Company requesting the assignment of their leasehold interests in Lease Sites No. 105.1W and 105.2 to Brebes Ocean House. MOTION: Councilman Jennings moved that Resolution No. 53-73 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Warden•read'Resolution No. 53-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. .55-73. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. C-3 Consideration of Planning Commission actions regarding Lease Sites No. 21 and 22 - Gunther Mayor Mitchell reviewed the memorandum from the City Administrator which informed the Council of Mr. Gunther's action with regard to the enlargement of the seal tank on his lease sites and the size of the painted sign thereon. Mr. Warden stated in his memo that Mr. Gunther had agreed to remove the sign. Mr. Gunther had enlarged the seal tank without receiving a building permit. The Planning Commission had recommended that the sign be removed and that the Council make a determination as to what should be done about the enlargement of the tank without a building permit. Mr. Warden indicated three possible alternatives: (1) Mr. Gunther be cited for violation of the Municipal Code, (2) Mr. Gunther be required to put the tank back into its original condition prior to its expansion, and (3) approve the enlargement by issuing a building permit and refer u MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL - July 23,1973 back to the Planning Commission for conditions. Mr. Warden had also informed Council that he had checked with the Fish and Wildlife Department where Mr. Gunther is attemp- ting to obtain a permit to keep a sea lion in the tank and found that it is very unlikely that this permit will be granted by the federal authorities. Councilman Donohoo felt that if Council allowed Mr. Gunther to keep his seal tank as is, others would feel that they can first do what they wish and obtain a permit later; the seal tank should be placed in its original state. Mr. Gunther was present and stated that it would be almost impossible to return the tank to its original configuration. He stated that he had made an error in not knowing that a permit was required before having the tank built. There was discussion with regard to the use of a seal tank for this lease site. Mayor Mitchell stated that he would like to be able to vote on whether or not this is a proper use. He felt that if the Council voted for the tank to be placed in its original state, it would be giving permission for the tank to be used to contain a sea lion. Councilman McConaghay did not feel that the Council should act in opposition to their ordinances; he said that the Council should wait until a decision is rendered by the Fish and Wildlife people and then review at that time the uses for this lease site. He recommended support of the Planning Commission's recommendation that the signing on the tank be removed. MOTION: Councilman McConaghay moved that Mr. Gunther be required to remove the signing on the seal tank and that all other action be tabled until a decision is rendered by the federal government with regard to Mr. Gunther's permit to confine a sea lion. The motion was seconded by Councilman Keiser and unanimously carried. C-4 RESOLUTION NO. 54-73. Resolution granting a Use Permit to Morro Bay Chamber of Commerce to conduct annual Rock-O-Rama Celebration Mayor Mitchell stated that this approval allowed the Chamber of Commerce use of City streets to conduct the annual Rock-O-Rama parade over Labor Day. MOTION: Councilman McConaghay moved that Resolution No. 54-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 54-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 54-73. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - July 23,1973 Page Five C-5 Request of Lions Club for use of City property Council was in receipt of a letter from the 'Lions Club signed by Mr. Jim Kast, President, requesting the use of the area near the 'restrooms at Morro Rock. They plan to use the area for the purpose of setting up a food and beverage booth from August 31 through'September 4, 1973. They requested the use of the parking lot adjacent to P.G.& E. if the Council does not grant the use of the area near Morro Rock. Mr. Warden informed the Council that this is City property and that it has been used in the past only for Easter Sunrise Services by the Kiwanis Club. Council discussed the "No Parking" ordinance that applies to this area and Captain Bradford confirmed that this would be in violation of the ordinance. Council members felt that it would be better if the Lions Club located their booth on the parking lot next to P.G. & E. MOTION: Councilman McConaghay moved that Council grant a Use Permit to the Lions Club to operate a food booth in the parking lot next to P.G. & E. The motion was seconded by Councilman Keiser and unanimously carried. C-6 RESOLUTION NO. 55-73. Resolution determining that ninety percent (90%) of the Select System of Streets within the City of Morro Bay have been constructed Mayor Mitchell stated that the Council was in receipt of a memo from City Engineer, Sam Taylor, indicating that 90% of the Select System of Streets have been constructed. It is necessary to adopt this resolution so that gas tax monies may be used for non -select system streets. MOTION: Councilman Jennings moved that Resolution No. 55-73 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Resolution No. 55-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 55-73. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. Mr. Warden further explained the use of these monies and the controls on them. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser reported on a meeting of the County Transportation Advisory Committee. She asked Mr. Rogoway to explain the purpose of this committee to the Council. 11 11 MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL - July 23,1973 Mr. Rogoway stated that this program is administered under SB69 which has allocated money for transportation planning. This includes streets, highways, buses, bicycles, boats, etc.; all areas of transportation. The outcome will be'a planning program for the entire county. (2) Councilman Keiser also reported on a committee for Commission on Aging of which she is a member. This committee is concerned with the needs of Senior Citizens to recommend action which would benefit them. (3) Councilman Donohoo stated that he had been informed that the County Transportation Advisory Committee needs an alternate from the City of Morro Bay in addition to committee members, Councilman Keiser and Mrs. Schwartzenbach. He felt that Dwight Carlisle would be an asset to this committee. MOTION: Councilman Donohoo moved that Council designate Dwight Carlisle as an alternate to serve on the County Transportation Advisory Committee. The motion was seconded by Councilman Jennings and unanimously carried. D=2 City Attorney Mr. LeSage had nothing to report. D-3 City Administrator (1) Mr. Warden reported that he had received a request from the Young Christian Singers, working through the local Baptist Church, for the use of Keiser Park on August 7th and loth from 1:30 p.m. to 4:00 p.m. They want to use it for volleyball, softball and other recreational activities. Mr. Warden had been assured that the organization had liability insurance coverage through their church. He read the proposed resolution which would approve a use permit for this purpose. RESOLUTION NO. 56-73. Resolution approving grant of Use Permit Agreement to the Young Christian Singers. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 56-73. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. Councilman Keiser stated that she felt the youth were putting the park to a good use and that they should contact Barbara George for further coordination. (2) Mr. Warden stated that the last day for receipt of applications for Parks and Recreation Commissioner was July 16th and only Mr. Merzon had.indicated his willingness to serve on this commission. MOTION: Councilman Donohoo moved that Mr. James-Merzon be appointed to the vacancy in the Parks and Recreation Commission. The motion was seconded by Councilman Jennings. MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL - July 23,1973 Councilman Keiser felt that the Council should wait as she knew of several qualified applicants that planned on applying. The motion was carried with Councilman Keiser voting no. (3) Mr. Warden stated that the last day for accepting applications for Planning Director would be July 31st. He requested that Council choose a screening committee for the applications and also set a date to interview the applicants passing the screening. Approximately 25 applicants have been received. MOTION: Mayor Mitchell moved that Councilmen Jennings,and Donohoo, Mr. Warden and Mr. Rogoway be appointed as the screening committee for the Planning Director applicants. The motion was seconded by Councilman Keiser and unanimously carried. Council members set August 18, 1973, at 10:00 a.m. in the City Hall Conference Room as the date to interview applicants for Planning Commission. (4) Mr. Warden informed the Council on the rising cost of paper and the shortage of it. He stated that Staff was studying ways to cut down the use of paper and requested that Council give consideration to having one file on hand for Council members to review information rather than -duplicating everything. Council felt this would be a good policy. After discussion of the Council agenda packets, it was decided that the three news media now receiving press packets would continue to do so. (5) Mr. Warden informed Council of an Environmental Manage- ment Institute Workshop offered by the County Supervisors Association of California. This workshop would be August 23, 1973, at the Holiday Inn in Monterey. No Council members were interested in attending and Mr. Warden stated that he would check with the Planning Commission. (6) Mr. Warden stated that he was in receipt of a letter from Ed Sansom, Rock-O-Rama Parade Chairman, requesting Council members to ride in the parade over Labor Day. Mayor Mitchell Councilmen Donohoo and Keiser indicated they would ride. Councilman McConaghay said he would be out of town and Councilman Jennings said he would let Staff know. (7) Mr. Warden informed Council that he was in receipt of a letter from David Vienna, Sr. requesting City assistance in paying the costs of rerouting the sewer line from the rear of their lot on Beachcomber and Kodiak to the northerly portion and at an angle across the front of the lot to meet the manhole which lies across the street. The 'City Engineer has informed Mr. Warden that any rerouting of this sewer should be at Mr. Vienna's expense. Mr. Warden concurred and stated that he would inform Mr. Vienna of the City's decision. MINUTES - MORRO Regular Meeting Page Eight BAY CITY.COUNCIL - July 23,1973 (8) Mr. Warden requested reservations from Council members planning to attend the League of California Cities Channel Counties Division meeting in Santa Barbara on August 3, 1973. Councilmen Donohoo, Keiser, and Jennings, and Mayor Mitchell indicated that -they would attend. (9) Mr. Warden presented the Expenditure Report for the period July 1, through 15, 1973, for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period July 1 through 15, 1973. The motion was seconded by Councilman Jennings and unanimously carried. 1. Letter from Marjorie E. Smith supporting the Chamber of Commerce's request for use of the Recreation Hall over Labor Day. 2. Letters from Governor Ronald Reagan, Assemblyman Bob Moretti, and Assemblyman Robert Nimmo regarding the City's Resolution No. 44-73 opposing the use of SB 90 Disclaimers. MOTION: Councilman Jennings moved that the correspondence be filed. The motion was seconded by Councilman McConaghay and unanimously carried. ADJOURNMENT Mr. Warden requested that the Council adjourn to executive session to discuss possible litigation matters. MOTION: Councilman Donohoo moved that Council adjourn to executive session t&discuss litigation matters. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting adjourned to executive session at 8:37 p.m. and returned to regular session at 8:50 p.m. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned at 8:50 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith'Davis Deputy City Clerk 0 i NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, July 9, 1973, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the appeal of Donald B. Howard from Planning Commission denial of a Conditional Use Permit for an apartment to be built over an existing recreation/ washroom in a trailer park at 190 Main Street, Morro Bay, California, at which said hearing any person interested may appear and express his views for, against, or in modification of said appeal. DALE C. MITCHELL, Mayor DATED: June 14, 1973 City of Morro Bay, California M. L. WARDEN, City Clerk C CITY OF MORRO BAY AGENDA - CITY'COUNCIL MEETING July 9, 1973 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 June 25, 1973 HEARINGS, APPEARANCES AND REPORTS A-1 Appeal of Donald B. Howard from Planning Commission denial of Conditional Use Permit A-2 Report of City Administrator regarding lease for well sites at Keiser Park UNFINISHED BUSINESS B-1 Resolution approving and adopting a budget for Fiscal Year 1973-74 B-2 Resolution authorizing granting of lease to Brebes Morro Bay Fisheries, Inc. for Lease Sites No. 105.3W, Ext. of 105.3W, 106W, 107W and 108W B-3 Resolution accepting work and giving notice of completion - Tract No. 425, Kennington and Troutt NEW BUSINESS C-1 Use Permit for Dana Ice Company C-2 Request of Chamber of Commerce for use of Recreation Hall C-3 Request to contract with County -Health Department for services INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence i 1 • MINUTES - MORRO.BAY CITY COUNCIL Regular Meeting July 9, 1973 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. ROT.T. CATS, PRESENT: Councilmen Donoh'oo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None MINUTES: The minutes of the regular meeting of June 25, 1973, were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved. The motion was seconded by Council- man Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Appeal of Donald B. Howard from Planning Commission denial of Conditional Use Permit Mayor Mitchell asked Mr. Rogoway to present this matter to the Council. Mr. Rogoway stated that Mr. Howard was requesting a Conditional Use Permit to build an apartment over an existing recreation/washroom in a trailer park. He explained that the area is zoned R-1 and that the trailer park is a continuing nonconforming use; also, the allowable density is fifteen trailers per acre. Present density is 27 trailers. He said that there was some opposition from people in the area who were concerned because of the height of the proposed building. Mr. Rogoway stated that the proposed height would be less than the 25 feet allowed by ordinance. The Planning Commission had determined that the use should be denied on the basis that approval would encourage continuation of a nonconforming use and that the density of 27 units exceeds the density of the present zoning ordinance. It was noted that the Planning Commission had discussed the possibility of mitigating the density problem by eliminating one trailer unit in the park. Mayor Mitchell opened the hearing'at 7:40 p.m. and called for presentations in favor of the appeal. Mr. Howard, the appellant,.stated that he wished to build this addition for a retirement home and elaborated on this statement. Mayor Mitchell called for comments in opposition to this appeal. Mr. Roy H. Robinson of 225 Piney stated that the structure proposed would obstruct his view of the ocean and he was opposed to it for that reason. Eli MINUTES - MORRO Regular Meeting Page Two BAY.CITY COUNCIL July 9, 1973 As there were no other comments, the public hearing was closed at 7:50,p.m. The matter was open for Council discussion. Mayor Mitchell stated that he did not feel the Council should encourage perpetuating a nonconforming use. The height of the structure was not an issue, since it is well under the limitation of the ordinance. MOTION: Mayor Mitchell moved that the appeal of Donald B. Howard from the Planning Commission decision be denied. The motion was seconded by Councilman Donohoo and unanimously carried. A-2 Report of City Administrator regarding lease for well sites at Keiser Park Mr. Warden stated that the two test holes drilled on the eastern portion of Keiser Park had yielded a production of 150 to 200 gallons of water per minute. Iie was in receipt of proposed leases from P.G. & E. for the use of this land for well sites; the lease being for a term of five years at the rate of $666 per year which is about the same the City pays for the Ashurst wells. He recommended that Council approve this lease. MOTION: Councilman Donohoo moved that Staff be authorized to execute the lease with P.G. & E. for well site property at Keiser Park. The motion was seconded by Councilman McConaghay and unanimously carried. UNFINISHED BUSINESS B-1 RESOLUTION NO. 49-73. Resolution approving and adopting a budget for the Fiscal Year 1973/74 Councilman Donohoo requested that Resolution No. 49-73 be read in its entirety. Mr. Warden explained that at the last Council meeting, an urgency ordinance had been approved by a 3 to 2 vote of Council; however, an urgency ordinance needs a 4/5ths approval vote. Since the ordinance had not passed as an urgency measure, it is then left for Council to either adopt an ordinance, in which case it will become effective in thirty days, or adopt a resolution which will become effective immediately. He requested the latter because of the problem of operating the City with the necessity of getting prior Council approval'of individual expenditures. The resolution form of adoption is acceptable according to the Government Code.. Mr. Warden read Resolution No. 49-73 in its entirety. MOTION: Councilman Jennings moved for the adoption of Resolution No. 49-73. The motion was seconded by Councilman.Donohoo and 'carried on the following roll call vote:. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 9, 1973 Page Three AYES: Councilmen Donohoo,'Keiser and Jennings NOES: Councilman McConaghay and Mayor Mitchell B-2 RESOLUTION NO. 50=73. Resolution authorizing granting of lease to Siebes Morro Bay Fisheries, Inc*. for Lease Sites No. 105.3W, Ext. of 105.3W, 106W, 107W and 108W Mayor Mitchell stated that this lease was for the addition of water area for dockage space and the conversion from a County - type lease to a City lease. MOTION: Councilman Donohoo Moved that Resolution No. 50-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 50-73.by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 50-73. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. B=3 RESOLUTION N0. 51-73. Resolution accepting work and giving notice of completion of certain improvements and compliance with certain conditions for Tract No. 425 - Kennington and Troutt, a partnershLp Mayor Mitchell stated that Council was in receipt of a memo from the City Engineer in which he states that final inspection of this project had been completed and all improvements required under the agreement had been made. He recommended acceptance of the work and that the surety bond, in the amount of $30,000, be released. MOTION: Councilman Jennings moved that Resolution No. 51-73 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Resolution No. 51-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 51-73. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. NEW BUSINESS C-1 Use Permit for Dana Ice Company Mr. Warden explained that this ice machine is located on Lease Site. No. 114 which is north of the Carver T Pier. Mr. Dana had changed the appearance and size of the structure without first obtaining a permit from the Planning Commission. Mr. Warden stated that the status on this lease is that Mr. Dana had obtained a use permit from the County in 1964, but this had never been 1] MINUTES - MORRO BAY Regular Meeting July Page Four CITY COUNCIL 9, 1973 formally renewed by the City. A proposed lease had been drafted but never executed. He requested that Council approve the issuing of a use permit for this site. Mr. Rogoway stated that the Planning Commission had determined that the signing on the,machine should be in conformance with the sign ordinance. Mr. Rogoway felt that there had been some discussion some time ago as to a different location for the ice machine. Mr. David Mostic, representing Dana Ice Company, spoke briefly on the matter. MOTION: Councilman Jennings moved that Dana Ice Company be allowed to operate their ice machine and that Staff make a recommendation as to its location. There was further discussion on this matter. Councilman Jennings withdrew his motion. MOTION: Councilman Jennings moved that Council grant a Use Permit to Dana Ice Company in accordance with Planning Commission recommendations and that the City Administrator meet with the permittee to examine the correct location of the ice machine. Mayor Mitchell seconded the motion. There was further discussion with regard to the intent of the motion. The motion was unanimously carried. C-2 Request of Chamber of Commerce for use of Recreation Hall Council was in receipt of a letter from the Chamber of Commerce requesting the use of the Recreation Hall and the outdoor area directly behind the Hall for August 31, September 1 and 2. They have requested permission from the State Alcoholic Beverage Commission to,sell beer and wine. Their proposed program would include slide/movie presentation, square and folk dancing, outdoor booths, and recreational activities. Mr. Warden reported that the Recreation Hall is scheduled for day and evening activities on the Friday and Sunday of the days requested by the Chamber. Mr. Duke, Chamber Manager, stated that the Chamber would work around these commitments so as not to interfere with their activities. Councilman Keiser was not in favor of approval of this request because of the location of the school being so close to where alcoholic beverages would be sold. Councilman Jennings concurred with this and additionally mentioned the church across the street from the area. He suggested locating these activities at Keiser Park. MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL July 9, 1973 Mr. Duke stated that the reason they were requesting the Recreation Hall was that they planned to have the parade end up at this point. He said that they had tried using Keiser Park last year, and the people just do not go there; they even had bus service to the area and were still unable to get a lot of people out there. He also stated that he had talked to school officials and they have no objection to the selling of alcoholic beverages sinceschool is not in session. Councilman Jennings stated that he still could not be in favor of it because of the close proximity of the school and church and because there are other facilities available. MOTION: Councilman Jennings moved that the use requested by the Chamber of Commerce be denied. The motion was seconded by Councilman Keiser. Mayor Mitchell stated that he did not have any objection to the Chamber's use of the Recreation Hall as long as they did not interfere with the activities already scheduled there. Mr. Molesworth, Chairman of the Rock-O-Rama activities, spoke in favor of the request. The motion was carried by roll.call vote with Mayor Mitchell dissenting. C=3 Request to contract with County Health Department for services Mayor Mitchell stated that Council was in receipt of a memo from the City Administrator in which he informed them that although the County Health Department has acted for the City, there has never been a formal agreement entered into for health services. Mr. Warden requested Council approval of the County Health Department to act as the City Health Department. MOTION: Councilman Donchoo moved that the City Administrator be authorized to draw a formal contract to establish the County Health Department as the City Health Department. The motion was seconded by Councilman Jennings 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 Mr. LeSage had nothing to report at this time. D=3 City Administrator (1) Mr. Warden stated that he was in receipt of a MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL July 9, 1973 proposed contract to be entered into with the Coast Guard for the construction of a sewer pump -out station at the City T Pier. This contract provided for'the expenditure by the Coast Guard of $5,869.03 of the project with the City paying somewhere in the order of $2500. The City Attorney and City Engineer have both reviewed the contract and approved it. MOTION: Councilman Jennings moved for the approval for execution of the contract between the City of Morro Bay and the Coast Guard, for construction of the sewage pump -out station. The motion was seconded by Councilman McConaghay and unanimously carried. (2) Mr. Warden reported on his trip to Sacramento with Mr. Dowell, Councilman Donohoo, Mr. Campbell, representing Cayucos Sanitary District, along with John Carollo Engineers.. The meeting attended was with the State Water Resources Control Board with regard to a priority listing for the City reclamation project in order to assure funding for the 1973/74 year. They had been assured by the Board that this project would be funded for,in this fiscal year. He further reported on the status of engineering work thus far accomplished and stated that the City would soon be dis= cussing with the County and with farmers, the use of properties for disposal of the affluent. (3) Mr. Warden informed the Council of the activities of Mr. Frank Gutierrez who painted the public restrooms on the Embarcadero, at Beach Street and by the City "T" Pier in order to attain the Eagle Scout Award. Mr. Stuart had written Mr. Gutierrez a letter commending him for his activities and Mr. Warden stated that he intended to do the same. (4) Mr. Warden presented the Expenditure Report for the period June 16 through 30, 1973, for the consideration of Council. MOTION: Councilman Jennings moved for approval of the Expenditure Report for the period June 16 through 30, 1973. The motion was seconded by Councilman Keiser and unanimously carried. (5) Mr. Warden reported that the City's request to the Coast Guard District Commander asking him to replace Buoys 15 and 20, an action determined by Council at a previous meeting, has been complied with and the new buoys have been placed near the boat launching ramp and opposite Fairbank Point. (6) Mr. Warden reported that the League of California Cities Annual Conference will be held in San Francisco October 21 through 24. He asked which Councilmen intended to go. Councilmen Keiser and Jennings, and Mayor Mitchell indicated that they would attend; Councilman Jennings and Mayor Mitchell with their wives. Councilman Keiser asked if Barbara George could attend MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL July 9, 1973 since the League has good recreation session and she would find it extremely interesting. Mr. Warden stated that it has not been the policy, for Department Heads to attend these meetings but it could be looked into. CORRESPONDENCE 1. Letter from Beatrice Plett commending the Police Department on their activities 2. Letter from U. S. Senator Alan Cranston thanking the City for the package explaining the reclamation project. Mr. Warden requested that the Council adjourn to executive session to discuss possible litigation matters. MOTION: Councilman Donohoo moved that the meeting be adjourned to executive session. The motion was seconded by Councilman Jennings and unanimously carried. The meeting was adjourned to executive session at 8:38 p.m. and returned to regular session at 8:55 p.m. MOTION: Councilman Jennings moved that the City Ad- ministrator be authorized to negotiate with the property owners of the lots appraised and also that he be authorized to contract to get an appraisal of Mr. Letizia's property on Harbor Street and report back to Council. The motion was seconded by Councilman Donohoo and unanimously carried. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting adjourned at 9:00 p.m. Recorded by: M. L. WARDEN City Clerk By: Ardith Davis Deputy City Clerk _ 0 6 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING June 25, 1973 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 June'=ll, 1973 HEARINGS, APPEARANCES AND REPORTS A-1 Hearing on vehicle abatement A-2 Review of current water useage and supply A-3 Report from City Administrator regarding Woods Animal Shelter UNFINISHED BUSINESS B-1, Ordinance approving and adopting a budget for the fiscal year 1973-74 B-2 Resolution adopting a salary schedule B-3 Resolution approving Agreement with Morro Bay Chamber of Commerce for fiscal year 1973-74 B-4 Resolution adopting amendments to Environmental Impact Procedures NEW BUSINESS C-1 Request of Wilma McLane for metered service C-2 Consideration of negative Environmental Impact Statement - St. Timothy's Catholic'Church C-3 Resolution opposing the use of "SB 90 Disclaimers" for State mandated local programs C-4 Resolution approving grant of Use Permit Agreement 115 to Morro Dunes Trailer Park and Campground, Inc. C-5 Resolution approving grant of Use Permit Agreement 120 to Morro Dunes Trailer Park and Campground, Inc. C-6 Resolution authorizing execution of Mutual Aid Agreement with California Division of Forestry C-7 Resolution authorizing execution of Mutual Aid Agreement 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 June 25, 1973, 7:30 p.m. Morro Bay Recreati.ori 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, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None MINUTES The minutes of the regular meeting of June 11, 1973, were considered by the Council. Councilman Donohoo stated that clarification was needed of a motion on page eight of the minutes with regard to employee benefits. The motion states that all employees not affiliated with an association would receive the benefits of the associations. This should be amended to read: "All employees not affiliated with any association or union receive a 5;�% salary increase to be applied to the wage scale established by Resolution No. 60-72 adopted June 26, 1972. The 5;k% salary increase shall become effective July 1, 1973• Also, the City shall pay all of the health insurance premiums for those employees not affiliated with any association or union and that the City also pay ;f of the premium cost of health insurance for the dependents of those employees not affiliated with any association or union." MOTION: Councilman Donohoo moved that the motion on page eight of the minutes of June 11, 1973, regular meeting, be amended to reflect this change. The motion was seconded by Councilman Jennings. It was noted that the minutes correctly reflect the action taken at that time. The motion was unanimously carried. A-1 Hearing on vehicle abatement Mayor Mitchell stated that there were two vehicles to be considered at this time; a 1962 Studebaker located on the 1600 block of Main Street and a 1964 MG located at 964 Quintana Road. Mayor Mitchell opened the public hearing at 7:36 p.m. and asked if anyone wished to make a presentation with regard to these two vehicles. As there were no comments, the hearing was closed at 7:36 p.m. It was noted that property owners where the cars were located have disclaimed any responsibility for the vehicles. F-1 MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL June 25, 1973 MOTION: Councilman Jennings moved that Staff carry out the provisions of the ordinance with respect to the disposal of these vehicles. The motion was seconded by Councilman Donohoo and unanimously carried. A-2 Review of current water usage and supply Mr. Warden informed Council that since the summer season was upon us, he felt it advisable to apprise them of the City's water situation to date. He referred to three charts depicting the weekly static levels of water for 1967-1973, the daily water production, and the weekly basin static levels for the first part of June, 1973. Mr. Warden stated that in comparison to last year, the City's water production and levels look encouraging, but they could fluctuate. Next year's situation will depend on4.the winter rainy season. He said that while he did not feel it necessary to ration water at this time, he recommended that citizens exercise conservation in their use of water. It is hoped that by 1975, the City will be benefiting from the wastewater reclamation project and will have ample domestic water to draw from. It was noted that the City has already taken measures to cut back on water usage with regard to irrigation of parks. Mr. Warden reported that Mr. Lyden of the Department of Parks and Recreation had informed him that the State Parks are implementing water conservation measures as well. A-3 Report from City Administrator regarding Woods Animal Shelter Mr. Warden stated that the Council had previously authorized Staff to offer Woods Animal Shelter a contract which would cost the City $460 per month; this would be the City's share of the total contract of $85,000 proposed by all the cities in the County. Mr. Warden stated that since that approval, the cities had met again with Mrs. Lee of Woods Animal Shelter and she had remained adamant about the $100,000'bud'get she had previously submitted. She stated that the Shelter could not run on a smaller budget; if the cities elect to refuse this proposal and provide their own animal services, the Shelter would go back to being strictly a humane society, which is something they would rather do anyway. The question was put to her as to what the Shelter's position would be if some cities agreed to the contract and others did not. She informed them that she would go back to her board and pose this question to them and bring an answer back to the cities. She gave the cities a thirty day extension of time to decide the matter, but, if the contract is approved, the rates would be retroactive to July 1, 1973• There was discussion on this matter by Council members and, it was the Council's feeling that the City should not get into the dog pound business. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL June 25, 1973 It was noted that if all cities approved the $100,000, the City's share of this would be $585 per month. MOTION: Councilman Jennings moved that Staff be instructed to negotiate with Woods Animal Shelter for a contract on a pro-rata basis of the City's share of the total contract; top monthly rate to be offered at $585. The motion was seconded by Councilman Keiser and unanimously carried. There was further discussion with regard to educating citizens on the care and control of their animals. Spaying clinics were also discussed. UNFINISHED BUSINESS B-1 ORDINANCE NO. 113. Ordinance approving and adopting a budget for the fiscal year 1973-74 MOTION: Councilman Donohoo moved that Ordinance No. 113 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden stated that he had one change to offer before Council adopted this ordinance. With regard to the salary for the Recreation Director, the range should be established at 29, salary to be $828-$1031 monthly. Mr. Warden suggested that Mrs. George be hired at Step 2 for this salary range. MOTION: Councilman Keiser moved that Recreation Director be established in the budget at Range 29. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Ordinance No. 113 by title only. Mr. Joseph Giannini asked if this was the final budget hearing. He informed the Council that the budget has never been approved in this manner before and felt that the Council had not properly notified the people of the budget considerations and allowed their input. Mayor Mitchell informed Mr. Giannini that this year's budget is being adopted in the same manner as previous budgets. There was considerable discussion and Councilman Jennings asked the City Attorney's opinion in this matter. Mr. LeSage stated that he had researched this and the Council can adopt the approving ordinance at this meeting. Mr. Warden listed the steps taken to review this budget, (1) adoption of a budget calendar, (2) public meeting at an adjourned Council meeting considering the budget by line item, (3) a regular Council meeting with discussion relative to the budget, and (4) this meeting for discussion and adoption of the budget. Mayor Mitchell stated that he was certain that the budget has been considered in the same manner during the last three years 41 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 25, 1973 Page Four he has been on the Council. Mr. that statement. Giannini challenged the Mayor on Mr. Bailey, Mr. Knowles and Mrs. Bell spoke in opposition to the way the Council has considered this year's budget; they felt that the budget should be considered by page and projected during Council meeting for their perusal. Councilman Jennings read an excerpt from a League of California Cities publication with regard to a Council -type government. He proceeded to inform the Council the reasons for his support of the budget with regard to the $115,000 expenditure for land acquisition and civic center planning. He cited proposed capital improvement expenditures in the budget and stated that he had evaluated these expenditures carefully and had decided that they are in the best interests of the City. MOTION: Councilman Jennings moved for the adoption of Ordinance No. 113. Councilman Keiser also voiced her reasons for approval of the $115,000 expenditure for land acquisition and civic center planning. She felt that, in the past, the City has made mistakes by not acquiring land when it had the chance; the City should not make this mistake again. With land prices increasing all the time, it is imperative that the City act now. Councilman Keiser seconded the motion. Mayor Mitchell stated that he could not approve the budget because of the outcome of the Community Goals Committee. City Hall improvements was number 63 on the list and should not be considered before more important priorities were implemented. He felt that it would be a mistake to spend such a large amount of money for one of the last items on the Priority List of Goals. Mr. LeSage stated that the Council could hold a hearing at this time before adoption of the budget. Councilman Jennings stated that he considered the Goals a guideline to help him make a decision. He and Councilman Keiser both felt that the question of priority is a judgment factor. Councilman Keiser stated that out of the 7950 people living in Morro Bay, 62 had decided the priority of the goals; she did not feel that these people necessarily represented all of the people. There was some discussion with regard to ambulance service with comments from Shirley McGuire. Mr. John Wagner stated that he had been a member of the Community Goals Committee and had rated the goals as directed; without regard to feasibility in terms of time or money. He felt the Council has theirresponsibility to make a decision in this matter and they must answer for it. RECESS 8:45 p.m. RECONVENED 9:00 MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL June 25, 1973 Carl Ansberg complimented the Mayor in his views in this matter and admonished Councilmen Keiser and Jennings on theirs. Comments were also heard from Dave Martin and Joseph Giannini. The motion was carried on the following roll call vote: AYES: Councilmen Donohoo, Keiser, and Jennings NOES: Councilman McConaghay and Mayor Mitchell B-2 RESOLUTION NO. 41-73. Resolution adopting a salary schedule MOTION: Councilman McConaghay moved that Resolution No. 41-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden requested that Council amend the resolution to include the change of Recreation Director from Range 24 to Range 29 and salary $823 to $1031. Mr. Warden read Resolution No. 41-73 by title only. MOTION: Councilman Donohoo moved that Resolution No. 41-73>be adopted as amended. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. TS=3 RESOLUTION NO. 42-73. Resolution approving agreement with Morro Bay Chamber of Commerce for fiscal year 1973-74. Mayor Mitchell stated that he would disqualify himself from this discussion since his wife works for the Chamber; he turned the meeting over to Mayor Pro Tem Donohoo. MOTION: Councilman Jennings moved that Resolution No. 42-73 be read by title only. The motion was seconded by Councilman McConaghay and carried with Mayor Mitchell abstaining. Mr. Warden read Resolution No. 42-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 42-73. The motion was seconded by Councilman Keiser and carried with Mayor Mitchell abstaining. Mayor Pro Tem Donohoo turned the meeting back to the Mayor. B-4 RESOLUTION NO 43-73• Resolution adopting amendments to Environmental Impact Procedures Mr. Warden explained the changes. The first was in the flow chart which outlines the written procedures. This basically provides that the Environmental Impact Report and project be heard at the same time; exemptions be advertised, which would mean • MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL June 25, 1973 that even those projects categorically exempt would be subject to public comment, and, if appealed, would be brought before the Council; and provides for advertising time .for a negative declaration and for an EIR, if finally approved. The sections changed in the procedures allow the Planning Commission to act as the reviewing agency. MOTION: Councilman Jennings moved that Resolution No. 43-73 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mayor Mitchell asked why projects categorically exempt have to be advertised. Mr. Warden said that CEQA guidelines state that even though a project may be categorically exempt, the cumulative effect of the project or projects may have significant effect on the environment. It is also felt that the spirit and intent of the guidelines is for public input at all times. Mayor Mitchell felt that it was not entirely fair to set the procedures in this manner since the City could, at some time, decide that too many homes have been built causing a significant effect on the environment, thus denying the next applicant the right to build his home. He felt that it would be more equitable to set a time limit or some other such measure rather than a cumulative effect of projects. Mr. Warden noted that the CEQA requirements state that a project, although by itself having no effect, because it is in a particularly sensitive area, may cause,a significant effect on the environment. MOTION: Councilman Jennings moved for the adoption of Resolution No. 43-73• The motion was seconded by Councilman Donohoo. --,),, Mayor Mitchell wished to ask another question. With regard to Section 8008, he did not feel that, according to CEQA, a governing body could deny a project solely on the basis of the environmental impact of that project. He asked Mr. LeSage his opinion on this matter and Mr. LeSage stated that he would research the matter and report back to Council. The motion was unanimously carried by roll call vote. NEW BUSINESS C-1 Request of Wilma McLane for metered service Mr. Warden explained that the City has a contract with Mr. Ashurst for wells on his property. Under the terms of this agreement, the City has agreed to supply the owner's residence and one additional residence with water from the well, plus eight hours of irrigation per month; this to apply for Mr. Ashurst. Mr. Ashurst subsequently sold the property to Mr. Bantrom, who, in turn, has sold it to Mrs. McLane. The water for this property still comes from Ashurst wells and Mr. Ashurst declines to provide Mrs. McLane with a written guarantee for supplying her with water. She has, in turn, asked MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL June 25, 1973 that she be allowed to tie into the City lines at the going rate for service outside the City. Mr. Warden recommended approval of this request on the condition that she observe any water rationing restrictions in, the City and that the City provide the service only for as long as the City operates the wells. MOTION: Councilman Jennings moved that Council approve the request of Mrs. McLane for water meter service subject to the restrictions as suggested by Staff. The motion was seconded by Councilman Donohoo and unanimously carried. C-2 Consideration of negative Environmental Impact Statement - St. Timothy's Catholic Church. Mayor Mitchell stated that this was for the addition of a wood frame building for a study room at St. Timothy's Catholic Church. Staff had determined that this project would involve no significant environmental impact and recommended approval. Mayor Mitchell asked if anyone present wished to comment with regard to this project. There were no comments. MOTION: Councilman Jennings moved that Council make a finding that this project has no likely effect on the environment and should be granted a negative declaration status. The motion was seconded by Councilman Donohoo and unanimously carried. C-3 RESOLUTION NO. 44=73. Resolution opposing the use of "SB 90 Disclaimers" for State mandated local programs Mayor Mitchell stated that SB 90 provides that any project mandated by State legislature also provide the funds for them. Subsequently, the bills have been introduced which exclude the provisions of SB 90 and have been called "SB 90 Disclaimers". This resolution opposes the use of the disclaimers and protests the approval of any State mandated projects which do not have funding provisions. MOTION: Councilman Donohoo moved that Resolution No. 44-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 44-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 44-73. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. C-4 RESOLUTION NO. 45-73• Resolution approving grant of Use Permit Agreement 115 to Morro Dunes Trailer Park and Campground, Inc. P MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL June 25, 1973 Mayor Mitchell stated that this was a yearly permit granted for the use of City property. MOTION: Councilman Jennings moved that Resolution No. 45-73 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Warden read Resolution No. 45-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 45-73. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. C_5 RESOLUTION NO. 46-73. Resolution approving grant of Use Permit Agreement. 120 to Morro Dunes Trailer Park and Campground, Inc. MOTION: Councilman Jennings moved that Resolution No. 46-73 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Resolution No. 46-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 46-73. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. C-6 RESOLUTION NO. 47-73. Resolution authorizing execution of Mutual Aid Agreement with the California Division of Forestry MOTION: Councilman Donohoo moved that Resolution No. 47-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 47-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 47-73. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. C=7 RESOLUTION NO. 48-73. Resolution authorizing execution of Mutual Aid Agreement Mr. Warden stated that the title of this resolution should include that it is with South Bay Fire Department. MOTION: Councilman Donohoo moved that Resolution No. 48-73 be read by title only as amended. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 48-73 by title only. MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL June 25, 1973 MOTION: Councilman Donohoo moved for the adoption of Resolution No. 48-73 as amended. The motion was seconded by,Councilman Jennings and unanimously carried by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser asked if there was something that could be done about cleaning the Coleman Drive Park. Mr. Stuart stated that until the fence was erected, it is a waste of time trying to keep it clean. It would be some time before the fence can be erected because the project will have to go to bid, etc. (2) Councilman Keiser asked when the crosswalks were going to be put in on the Embarcadero. Mr. Warden stated that they would be done as soon as possible. (3) Councilman Jennings stated that with regard to ambulance service, he had discussed this matter with Supervisor Kidwell and Jennings now feels that the City should stay out of the District and contract with the County for ambulance services. D-2 City Attorney (1) Mr. LeSage reported that the Pipkin petition for hearing in the California Supreme Court was denied. D-3 City Administrator (1) Mr. Warden presented the resignation of Mrs. Mary Jean Munro from the Parks and Recreation Commission for the consideration of the Council. MOTION: Councilman Keiser moved that Mrs. Munro's resignation be accepted with regret. The motion was seconded by Mayor Mitchell and unanimously carried. Councilman Keiser stated that Mrs. Munro has done an outstanding job on this Commission and is to be commended for her efforts. Mr. Warden stated that he would proceed in the normal manner to secure another Commissioner. (2) Mr. Warden presented Transfer Vouchers No. 2-3-23 and 2-3-24 for the consideration of the Council. These vouchers were end of the year clean-up for bookkeeping purposes. MOTION: Councilman Donohoo moved for the approval of Transfer Vouchers No. 2-3-23 and 2-3-24. The motion was seconded by Councilman Jennings and unanimously carried. (3) Mr. Warden informed the Council that the:California Council on Criminal Justice had approved the City's request for matching funds for police equipment. MINUTES — MORRO Regular Meeting Page Ten BAY CITY COUNCIL. June 25, 1973 (4) Mr. Warden reported that .the State of California Office of Emergency Services had approved claims of $11,000 for the January and February, 1973, floods; the check for this amount will be forthcoming.. (5) Mr. Warden informed the Council that he had received word from Mr. Norman B. Livermore, Jr., Secretary for the Resources Agency of California, that the City's Open Space Plan is acceptable. (6) Mr. Warden presented the Expenditure Report for the period June 1 through 15, 1973 for the consideration of the Council. MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period June 1 through 15, 1973. The motion was seconded by Councilman Donohooand unanimously carried. CORRESPONDENCE 1. Letter from Donald L. Grunsky thanking the City for its letter of congratulations on Senator Grunsky's selection as most effective Republican Senator. 2. Letter from Governor Ronald Reagan thanking the City for their report on the Wastewater Reclamation Project and endorsing this project. 3. Letter from the U. S. Environmental Protection Agency approving the City's proposed floats and withdrawing previous objections. MOTION::: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Jennings and unanimously carried. ADJOUIRNMENT MOTION: Councilman McConaghay moved that the meeting be adjourned. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned at 9:59 P.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING June 11, 1973 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 May 29, 1973 2. Minutes of the executive meeting of May 29, 1973 3. Minutes of the adjourned regular meeting of June 2, 1973 HEARINGS, APPEARANCES AND REPORTS A-1 Continuation of Budget Hearings A-2 Report from City Administrator on Woods Animal Shelter Contract A-3 Report from City Administrator on Ambulance Service UNFINISHED BUSINESS B-1 Ordinance No. 111 - Ordinance regulating water wells - second reading B-2 Ordinance No. 112 - Ordinance regarding nuisances - second reading' NEW BUSINESS C-1 Consideration of negative Environmental Impact Statement - Kingdom Hall for Jehovah's Witnesses C-2 Consideration of negative Environmental Impact Statement - Virgil Moores C-3 Consideration of resolution approving assignment of Lease Sites No. 144 and 144W - J. P. Lapp C-4 Appeal of Donald-B. Howard from Planning Commission denial of Conditional Use Permit - set hearing date C-5 Request for Embarcadero cross -walks C-6 Consideration of Memoranda of Understanding with regard to City employee groups C-7 Resolution approving the renewal of Coast Guard lease #DOT-CG12-4020 C-8 Resolution approving the renewal of Coast Guard lease #DOT-CG12-3417 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 June 11, 1973 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 Dudley Johnson of the United Methodist Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None MINUTES The minutes of the regular and executive meeting of May 29, 1973, and the adjourned regular meeting of June 2, 1973, were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Continuation of Budget Hearings Mayor Mitchell stated that the Council had asked Staff to research two matters with regard to the proposed budget and report back at this meeting. These questions were with regard to Christmas lighting and Revenue Sharing. Mr. Warden informed the Council that the present figure in Budget Account 1922 for Christmas lighting should be raised from $500 to $750 in order to continue the City's contract with Valley Decorating and to provide for new cords and decoration repair. MOTION: Councilman Donohoo moved that Budget Account item 1922 under Christmas lighting be increased $250 from $500 to $750. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden further informed the Council that the cost to extend the present decorations to the Embarcadero would be an additional $683.60. The decorations in this area would have to be a smaller size than the present ones because of the light standards on the Embarcadero. If the Council wished to extend the decorations into North Main Street, the cost would be $840. It was noted that all intersections on North Main Street do not have power sources readily available and therefore, could not be decorated. Council did not wish to take any further action on this matter. With regard to Revenue.Sharing funds, Mr. Warden stated that he had researched this matter and found answers to the various questions raised at the budget session on June 2nd. 0 �J MINUTES — MORRO Regular Meeting Page Two BAY CITY COUNCIL June 11, 1973 First, the June 20th required publication date must indicate the planned expenditure and involves only the monies received from January, 1973, through June, 1973, the third entitlement period, which is approximately $61,000. The balance of Revenue Sharing monies must be reported to the Treasury Department by March, 1974. In trying to find out whether or not an appropriation can be changed after being identified for a project, Mr. Warden found that the Treasury Department regulations did not address themselves to this question. He stated that he had contacted various cities in the area and it was the general opinion that the purpose of the designation requirement was to assure that the monies are accounted for and that the public is notified of the proposed expenditures. It is possible, with notification to the Treasury Department, that an appropriation could be changed at a later date should the Council find another project more desirable. According to Treasury Department regulations, projects receiving federal grant monies are not eligible for use of Revenue Sharing monies. This could, then, eliminate Open Space land acquisition if such acquisitions might qualify for federal grant monies. Mr. Warden addressed himself to item number 12 in the Staff suggested items for Revenue Sharing expenditures, saying that this item reading "Expand City Hall to provide new meeting facilities to implement consolidation of City service offices and Civic Center!' was a poor choice of words and should be changed to read "Implement Civic Center plan by site planning and land acquisition program." He stated that this was suggested as an item for Revenue Sharing funds because of the future necessity for renovating City Hall and buying land in the proposed Civic Center area while it is available. He reported on conversations with various property owners in the area of City Hall who are willing to negotiate for their property. Mr. Warden said that there is a necessity for consolidation of departments within the City for a more efficient and economically run city. For example, the Public Works Department, the Engineering Department and the Planning Department should all be in close proximity to each other since their duties are inter -related. In this way they could help each other and have easy access to files, materials, etc., when needed. MOTION: Councilman Donohoo moved that Item 12 under Schedule C., Page 9 of the Preliminary Budget be changed to read "Implement Civic Center plan by site planning and a land acquisition program." Further that the $115,000 figure for that item remain the same. The motion was seconded by Councilman Jennings. It was noted that $.'5,2M0 of the monies budgeted for Civic Center planning and land acquisition would come from unobligated reserve. n MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL June 11, 1973 Mayor Mitchell stated that he had reservations about budgeting such a large amount for the Civic Center project. He felt that such a sum could be better used for other more necessary projects. The motion passed on the following roll call vote: AYES: Councilmen Donohoo, Jennings and Keiser NOES: Councilman McConaghay and Mayor Mitchell Mayor Mitchell stated that he would entertain comments from the public. Mr. Richard Fisher presented the Council with a letter informing them of the low water pressure in north Atascadero Beach during holiday periods. He was concerned because of sanitary reasons and the problems it would cause should there be a fire in the area. Mr. Warden informed him that the Council had approved an expenditure of $60,000 to update the lines in this area and proceeded to diagram the improvements that would be made. Comments were heard in opposition to the proposed expenditure of $115,000 for Civic Center planning from Williard McGonagill, Mr. Palmer, Shirley McGuire, Reverend Johnson, Joseph Giannini, representing Morro Bay Tomorrow, Mrs. Walling, Mr. Lewis, and Mrs. Dorothy Cutter. It was their consensus that the Council should adhere to the results of the Community Goals priorities and they reminded the Council that improvement of City Hall was number 63 in order of priority on the Goals 1•i s t . Mayor Mitchell expressed his concern with regard to this expenditure by saying that the City had established the Community Goals Committee so that they would know how the community feels about priorities. He felt that the City should wait until the updating of the General Plan was completed before such an expenditure for Civic Center planning was alloted. In this way, the City would know in which direction to go when expanding or building a new Civic Center. Councilman McConaghay stated that he was in agreement with the Mayor. He was a member of the Public Services Committee of the Community Goals and felt that the main concern was the water system; in fact, the need for updating our water system came out of almost every sub -committee. He felt that the Council priorities were not in the right order and wished the other Council members would reconsider the matter. There was further lengthy discussion among Council and members of the audience. RECESS 8:50 p.m. RECONVENED 9:02 p.m. Mayor Mitchell asked if there were any further comments with regard to Revenue Sharing money. Mr. Fisher informed the Council that bacteria could seep into water lines, if the pipes were too old and deteriorated, when sewer and water lines lie close together. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 11, 1973 Page Four Mayor Mitchell stated that since there were citizens wishing to speak on the Chamber of Commerce budget, he would disqualify himself from discussion and turned the meeting over to Mayor Pro Tem Donohoo.. Mayor Pro Tem Donohoo called for comments with regard to the Chamber of Commerce budget. Mr. McGonagill, Mrs. Bell, Mr. Palmer, Mrs. McGuire, Mr. Giannini, and two others spoke against the $18,000 allocation to the Chamber of Commerce. They felt that the Chamber of Commerce was not benefitting the citizens of Morro Bay, only the businessmen. Larry Davis, Betty Sansome, and Bill Duke spoke in favor of the allocation stating that the original intent of the bed tax was to promote the community. Mrs. Sansome read a City of Morro Bay resolution supporting this intent and stated that the Chamber of Commerce would only receive $18,000 of the $90,000 anticipated for the 1973/74 year. She also quoted figures of other cities''contributions to their Chambers of Commerce in the county. Lengthy discussion ensued. Mayor Pro Tem Donohoo turned the meeting back to Mayor Mitchell at the conclusion of the discussion. The Mayor again expressed his concern over the $115,000 expenditure planned for Civic Center expansion. Councilman Keiser explained her position in favor of this expenditure saying that she felt the City was being farsighted in this matter. The land contemplated for the present Civic Center area must be acquired now before it is too late. In a few years, prices for land may be out of the City's range. If it is decided that the Civic Center should be located in a different area of town, the parcels acquired could always be sold and, at a profit. Councilman Jennings stated that he had studied the matter thoroughly, as well as talking to citizens, and he felt that he was doing the right thing in voting for this expenditure. Further comments were heard from Norman Knowles, Mr. McGonagill and Mr. Lewis. Mr. Giannini expressed his concern that the Council was not listening to the voice of the people: Mayor Mitchell asked if there were any further comments on this matter and, as there were none, suggested that Council move on to the next item on�the agenda. A-2 Report from City Administrator on Woods Animal Shelter Contract Mr. Warden stated that he was in receipt of a proposal from Woods Animal Shelter which increases the costs presently paid to this firm. Since then the cities in the County have met and discussed the increases and drafted a,proposal for the upcoming fiscal year. 0 MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL June 11, 1973 This proposal involves a three-year contract with the Woods Animal Shelter which would permit an 11.3% increase on the first year with 5% of the 11.3% earmarked for capital improvements in the Shelter and 6.3% for operating expenses. An additional increase of 5;�% would be offered in 1974/75 with $3,717 marked for capital improvements and another 53�% in 1975/76 with the same $3,717 designated for capital expenditures. This proposal will cost the City of Morro Bay $480 per month which is $65.00 over last year's monthly payments. Mr. Warden recommended approval of this proposal. MOTION: Councilman Jennings moved that the City Administrator be authorized to make an offer to Woods Animal Shelter in line with his memorandum. The motion was seconded by Councilman Donohoo and unanimously carried. A-3 Report from City Administrator on Ambulance Service Mr. Warden informed the Council that they have an option to join the County Service District No. 15 at this time, if they so wish. Presently, the City contracts with the District for ambulance services. The District is run by the Board of Supervisors and, if the City decided to join the District, the City could possibly be unable to have a strong voice in matters concerning the Ambulance Service. Presently, the County discusses changes, etc., with the City before implementing them. He briefed the Council on the charges for joining the District, which would mean a charge on tax bills for property owners. The County proposal apparently is being made so the City will contribute to the $15,000 emergency reserve fund which the County wishes to establish in case of any termination of present ambulance services. The City's portion of this fund would be approximately 2/3 and Mr. Warden feels that the City can meet this expenditure, if necessary, through the unobligated reserve, if the City decides to stay out of the District and continue on a contractual basis. There was discussion by Council with Councilman Jennings requesting that the matter be deferred until next Council meeting so that he can study the matter further. Mayor Mitchell felt that it would be wise for the City to remain in a position where they can have some say in the activities of the ambulance service; the City may not necessarily think the same way the Board of Supervisors does. Staff was directed to talk to the Board of Supervisors re- garding this matter and the Council's feelings and also to talk to the ambulance operator and find out what equipment needs updating, etc. UNFINISHED BUSINESS B-1 ORDINANCE NO. 111 - Ordinance regulating water wells - second reading. Mayor Mitchell stated that this ordinance was being proposed because of State mandated requirements regarding water wells. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 11, 1973 Page Six MOTION: Councilman Donohoo moved that Ordinance No. 111 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Ordinance No. 111 by title only. MOTION: Councilman Donohoo moved that this constitute the second and final reading of Ordinance No. 111. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. B-2 ORDINANCE NO. 112 - Ordinance regarding nuisances - second reading MOTION: Councilman Donohoo moved,that Ordinance No. 112 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Ordinance No. 112 by title only. MOTION: Councilman Donohoo moved that this constitute the second and final reading of Ordinance No. 112. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. Mr. LeSage informed the Council that the ordinances need also be adopted by motion. MOTION: Councilman Donohoo moved for the adoption of Ordinance No. 111. the motion was seconded by Councilman Jennings and unanimously carried by roll call vote. MOTION: Councilman Donohoo moved for the adoption of Ordinance No. 112. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. NEW BUSINESS C=1 Consideration of negative Environmental Impact Statement - Kingdom Hall for Jehovah's Witnesses Mr. Rogoway reviewed this project for the Council which involved the building of a meeting place for Jehovah's Witnesses at 2080 Ironwood. He said that this Statement was being submitted prior to the obtaining of a building permit. He recommends that the Council find this project not :t.o have a significant impact on the environment. MOTION: Mayor Mitchell moved that Council make a finding of a negative impact on the environment with regard to this project and that it does not require an Environmental Impact Report. The motion was seconded by MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 11, 1973 Page Seven Councilman Jennings. Mayor Mitchell asked if there were any comments with regard to this project; there were none. The motion was unanimously carried. C-2 Consideration of negative Environmental Impact Statement - Virgil Moores Mr. Rogoway informed the Council that this project was for the removal and replacement of existing floats at 1215 Embarcadero. This Statement was also required prior to the obtaining of a building permit. He stated that boat docks are an appropriate use for this area and recommended that Council find that this project has an insignificant impact on the environment. Mayor Mitchell asked if there were any comments with regard to this project. Mr. Bailey asked if the project required approval under Proposition 20. Mr. Rogoway told him that it does. MOTION: Councilman Jennings moved that Council make a determination of a negative declaration status with regard to this project. The motion was seconded by Councilman Donohoo. It was noted that the motion needed to include the recommendation that an Environmental Impact Report is not required. Councilman Jennings amended his motion to include that the project does not require an Environmental Impact Report. Councilman Donohoo accepted the amendment and the motion was unanimously carried. C-3 RESOLUTION NO. 37-73• Resolution approving assignment of Lease Sites No. 144 and 144W from J. P. Lapp to Charles J. Marciel, Charles T. Marciel, and Sandra Marciel. Mayor Mitchell stated that this was a standard transfer of leasehold interests and that the business on the lease site would remain the same. MOTION: Councilman Donohoo moved that Resolution 37-73 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Warden read Resolution 37-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution 37-73. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. 0 MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL June 11, 1973 C-4 Appeal of Donald B. Howard from Planning Commission denial of Conditional Use Permit - set hearing date. Mr. Rogoway informed the Council that he would'be on vacation at their next regular meeting and requested that the hearing date be set for the first regular meeting in July. MOTION: Councilman Donohoo moved that July 9, 1973, be set as the hearing date for the appeal of Donald B. Howard. The motion was seconded by Councilman Jennings and unanimously carried. C-5 Request for Embarcadero crosswalks,t Mayor Mitchell stated that this request was received from Mr. Sylvester, who felt that there should be some crosswalks on the Embarcadero; presently there are none. Council was in receipt of a memo from the City Administrator which informed them that crosswalks had been considered at the time the Embarcadero improvements were installed, however, it had been decided against them because the streets are narrow and because the traffic conditions in that area are slow so that crosswalks would not serve their intent and purpose. The Police Department had suggested several places where crosswalks should be installed, should the Council feel the need for them. MOTION: Councilman Jennings moved that Council authorize the proceeding with placing crosswalks in the necessary places on the Embarcadero. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Knowles requested the location of the crosswalks and Mayor Mitchell told him that that would be a Staff determination and to see the City Administrator. , C-6 Consideration of Memoranda of Understanding with regard to City employee groups Mr. Warden informed Council that all of the employee groups had signed the Memoranda resulting from negotiations with these groups. Basically, the Memoranda included a 5k% salary increase over the 1972/73 salary schedule, lifted the 10% maximum increase payment by the City of insurance premiums and gave them various educational incentives. The total package does not exceed a 6.2% increase, which is lower than the Presidential limits of 7.5%. MOTION: Councilman Donohoo moved for the approval of the Memoranda of Understanding between the employee organizations. The motion was seconded by Councilman Jennings and unanimously carried. MOTION: Councilman Donohoo moved that the City employees not affiliated with any employee group, be given the benefits also. The motion was seconded by Councilman Keiser and unanimously carried. 0 MINUTES - MORRO Regular Meeting Page Nine BAY CITX COUNCIL June 11, 1973 It was noted that this approval extended to Department Heads as well. C=7 RESOLUTION NO. 38-73. Resolution approving the renewal of Coast Guard Lease #DOT-CG12-4020 MOTION: Councilman Jennings moved that Resolution No. 38-73 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Resolution No. 38-73 by title only. MOTION: Councilman Jennings moved for the adoption of Re"solution No. 38-73. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. C-8 RESOLUTION No. 39-73. Resolution approving the renewal of Coast Guard Lease #DOT-CG12-3417 MOTION: Councilman Donohoo moved that Resolution No. 39-73 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Warden read Resolution No. 39-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 39-73• The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser informed the Council that she had had calls regarding campers being parked on private property. It was noted that a committee had been appointed to look into this matter and also that a determination had been requested of the City Attorney. It had been the City Attorney's position that parking of the vehicles must border on permanency in-drder to violate the ordinance applying to this matter. (2) Mayor Mitchell reported that he had received correspon- dence from the American Revolution Bicentennial Commission of California. This committee had been formed to promote the 200th anniversary of the nation which is three years away. This Commission would like to see cities form their own Committees and plan various activities to celebrate this anniver- sary. Mayor Mitchell requested that those interested in serving on such a committee should contact City Hall. D=2 City'Attorney % Mr. LeSage had nothing to report at this time. I h D-3 City Administrator (1) Mr. Warden stated that the Police Department was f u 0 MINUTES - MORRO BAY Regular Meeting June Page Ten CITY COUNCIL 11, 1973 attempting to secure a "Mini -Grant" for video tape equipment through Federal CCCJ funding. The Chief of Police was requesting the Council to adopt a resolution authorizing a 25% ($492.71) cash match of the cost of the equipment. Chief Schacht explained that this equipment would basically be used in training of Police Officers but could be used in other City functions as well. MOTION: Councilman Jennings moved that Staff be authorized to match these funds for the requested purchase. Themotion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden stated that he had a resolution which needed to be forwarded in order for the City to be eligible for this equipment. He read the resolution in its entirety. RESOLUTION NO. 40-73. Resolution approving the purchase of video tape equipment funds available through the Omnibus Crime Control and Safe Streets Act of 1968. MOTION: Councilman Jennings moved for the adoption of Resolution No. 40-73• The motion was seconded by Councilman Donohoo and unanimously -carried by roll call vote.1. 1. (2) Mr. Warden informed the Council of an invitation from the Arroyo Grande Police Department to attend Open House of their new facilities on Thursday, June 14, 1973• (3) Mr. Warden requested approval from the Council to rent to Mr. Ralph Gunther Lease Sites No. 100, 101, 100W and 101W for a monthly fee of $45.00. He had originally requested that Mr. Gunther be charged 1/12 of the annual lease rent which would be $64.00 each month, but since that time Mr. Gunther has informed Mr. Warden that he receives a total of only $60.00.from the three boats currently docked at this lease site. Mr. Gunther felt it fair that he realize a slight profit for the use of his facilities. Mr. Warden informed the Council that the docking facilities are Mr. Gunther's and can be moved should he choose to do so, leaving the present tenants without a place to dock. Mr. Knowles questioned the fact that Mr. Gunther received only $60.00 for three boats. Mr. Warden informed him that that is what Mr. Gunther had quoted. MOTION: Mayor Mitchell moved that Staff be authorized to charge Mr. Gunther a monthly rent of $45.00 for Lease Sites No. 100, 101, 100W and 101W. The motion was carried on the following voice vote: AYES: Councilmen Donohoo, Jennings and Mayor Mitchell NOES: Councilmen Keiser and McConaghay MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 11, 1973 Page Eleven (3) Mr. Warden presented the Expenditure Report for the period May 16 through 31, 1973, for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period May 16 through 31, 1973• The motion was seconded by Councilman Jennings and unanimously carried. (4) Mr. Warden presented the Financial Report for the period July 1, 1972 through May 31, 1973 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Report for the period July 1, 1972 through May 31, 1973• The motion was seconded by Councilman Jennings and unanimously carried. CORRESPONDENCE 1. Letter from the Morro Coast Audubon Society, Inc., regarding a policy position in connection with the potentially dangerous situation pertaining to Morro Bay and environs. 2. Letter from H. W.' Demler regarding the expansion of City Hall. MOTION: Councilman Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Jennings and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned -at 10:40 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis 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, June 2, 1973, at 9:00 a.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider the 1973-74 Budget. DATED: May 31, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California ; /Z,/ M.tL. WARDEN, Ci Clerk 6 a MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting June 2, 1973 9:00 a.m. City Hall Conference Room The meeting was called to order at 9:OO a.m. by Mayor Mitchell for the purpose of reviewing the proposed budget for 1973-74 fiscal year. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser and Mayor Mitchell ABSENT: Councilman McConaghay 1. Police Department - Budget Account 2500. Mr. Warden reviewed the budget requests for this department. He stated that they were requesting a Typist Clerk II to be shared between the Police and Fire Departments. This would relieve patrolmen having to do clerical duties and their time could be better spent on police activities. It was planned that the secretary would work six hours a day at the Police Department and two hours a day at the Fire Department. He explained that Staff had conducted several meetings wherein the Department Heads had analyzed all departmental budgets and had arrived at the suggested budget being considered by the Council today. There was discussion with regard to the physical examinations for new employees. Mr. Warden stated that the proposed budget permitted a more thorough examination so that any ailments in a prospective employee could be detected before he was hired. It was felt that this would help the City's State Compensation Insurance rate and also limit disability claims by employees. Mrs. Bailey did not feel that the City should have to pay for employees' physical examinations. There was further discussion on the matter with Council feeling that the examinations are necessary and should be conducted by the City. Mr. Joseph Gianini expressed his concern over the fact that some of the vehicles driven in the City need not be as large as they are; if they were smaller, they would consume less gas and would not be such a drain on the present shortage of gasoline. Mr. Warden informed him that the City is planning to purchase smaller vehicles on a phased basis as present vehicles are scheduled for replacement. Mr. Warden stated that all salary estimates were based on the present wage scale and are subject to change upon completion of negotiations with the various employee associations. MOTION: Councilman Donohoo moved that Budget Account 2500 be approved. The motion was seconded by Councilman Keiser and unanimously carried. 2. School Crossing Guard - Budget Account 2900 MOTION: Councilman Jennings moved for the approval of Budget Account 2900. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting June 2, 1973 Page 2 3. City Council - Budget Account 1000 MOTION: Councilman Donohoo moved for the approval of Budget Account 1000. The motion was seconded by Councilman Jennings and unanimously carried. 4. City Administrator -.Budget Account 1100 Councilman Donohoo suggested that the position title of Ardith Davis be changed from stenographer to Administrative Secretary/ Deputy City Clerk. Mrs. Davis' duties are such that the title of stenographer does not apply. Mr. Warden stated that he recommends that the salary range for this position be increased one range. MOTION: Councilman Jennings moved that the recommended change in Mrs. Davis' position from stenographer to Administrative Secretary/Deputy City Clerk and from salary range 13 to range 14 be approved. The motion was seconded by Councilman Keiser and unanimously carried. MOTION: Councilman Donohoo moved for the approval of Budget Account 1100 as amended. The motion was seconded by Councilman Jennings and unanimously carried. 5. Legal Department - Budget Account 1400 Mr. Warden explained that except for the retaining fee, the budgeted amounts in this department are estimates only as he has no way of knowing what additional legal fees may be involved in the coming year. MOTION: Councilman Jennings moved for the approval of Budget Account 1400. The motion was seconded by Councilman Donohoo and unanimously carried. 6. Finance Department - Budget Account 1500 Mr. Warden stated that he had recommended a change in the position of Eleanor Goedeck from Account Clerk I to Account Clerk II. This would be more in line with her duties as she shares equally responsibilities with Mrs. Johnsrud in the Finance Department. Mrs. Johnsrud's classification is that of Account Clerk II. MOTION: Councilman Donohoo moved for the approval of Budget Account 1500. The motion was seconded by Councilman Jennings and unanimously carried. 7. Fire Department - Budget Account 2600 Mr. Warden explained that there had been a personnel cut -back from the original request of Chief Rieger: 'It was suggested that a $5.00 fee be paid to a volunteer each time he responded to an emergency call. ' IgNUTES MORRO BAY CITY COUNCIL Adjoiirhed Regular Meeting June 2, 1973 Page 3 There was considerable discussion with regard to this with Mr. Gianini maintaining that the volunteers do not expect a monetary payment for their services, but are dedicated men who enjoy their work. Chief Rieger stated that this had been suggested because it was felt that the volunteers deserve it and it would also act as an incentive for them. Sometimes, there are very few of the twenty volunteers that show up for an emergency call. There was further discussion with regard to the Fire Department budget and comments were heard from Mr. Giannini and Mr. Willard McGonagill. MOTION: Councilman Donohoo moved for the approval of Budget Account 2600. The motion was seconded by Councilman Jennings and unanimously carried. RECESS 10:19 a.m. RECONVENED: 10:29 a.m. 8. Recreation Department - Budget Account 2300 Mr. Warden stated that this budget had not been changed by Staff other than implementing the recommendations of the Parks and Recreation Commission. Trish Childress, acting director, explained the few changes in personnel. Mr. Warden stated that many of the programs budgeted were self-sustaining. This budget also provides for a full-time Recreation Director. MOTION: Councilman Donohoo moved for the approval of Budget Account 1600. The motion was seconded by Councilman Jennings and unanimously carried. 9. Planning Commission - Budget Account 1600 Mr. Warden stated that there may be an additional item that will need to be added to provide for attendance fees at a class given by Cal Poly for Planning Commissioners. This will take place in the Fall; but it is unknown, at this time, whether or not the class will be held. MOTION: Councilman Donohoo moved for the approval of Budget Account 1600. The motion was seconded by Councilman Jennings and unanimously carried. 10. Elections - Budget Account 2000 MOTION: Councilman Donohoo moved for the approval of Budget Account 2000. The motion was seconded by Councilman Jennings and unanimously carried. 11. General Services - Budget Account 2200 MOTION: Councilman Donohoo moved for the approval of Budget Account 2200. The motion was seconded by Councilman Jennings and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting June 2, 1973 Page 4 12. Animal Regulation - Budget Account 2700 MOTION: Councilman Donohoo moved for the approval of Budget Account 2700. The motion was seconded by Councilman Jennings and unanimously carried. 13. Civil Defense - Budget Account 2800 MOTION: Councilman Donohoo moved for the approval of Budget Account 2800. The motion was seconded by Councilman Jennings and unanimously carried. 14. Planning and Building - Budget Account 3900 Mr. Warden stated that Staff had allowed for an overlap in the Building Inspector's salaries. This is because Mr. Thomas will be retiring at the end of the year and a replacement should be hired to allow training before Mr. Thomas' retirement. There was considerable discussion with regard to the Planning Director's needs after he is hired and the relationship between the Public Works Department and the Planning Department. It was noted that Account 3915 for the updating of the General Plan should be increased by $3,500 to make a total of $13,500 for updating the General Plan for the 1973-74 fiscal;"year. MOTION: Councilman Jennings moved for the approval of Budget Account 3900 as amended. The motion was seconded by Councilman Donohoo and unanimously carried. 15• Street Lighting - Budget Account 4000 MOTION: Councilman Donohoo moved for the approval of Budget Account 4000. The motion was seconded by Councilman Jennings and unanimously carried. RECESS 11:03 p.m. RECONVENED 11:20 a.m. 16. Community Promotion - Budget Account 1900 Mayor Mitchell disqualified'himself from discussion with regard to this matter because his wife.is employed by the Chamber of Commerce. The meeting was turned over to Mayor Pro Tem Donohoo. There was lengthy discussion with regard to Christmas lights and the possibility of extending the decorations to either the Embarcadero or North Main Street. Comments were heard from Betty Sansome, Williard McGonagill, and Mr. Bailey. MOTION: Councilman Jennings moved that the City retain the present Christmas lighting program. The motion was seconded by Councilman Donohoo. Mayor Mitchell stated that he would like to see some more input on the subject before a decision was made. It was decided that the matter would be -scheduled as an agenda item and prices for extending the present lighting program would be secured by the Staff. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting June 2, 1973 Page 5 Councilman Jennings withdrew his motion and Councilman Donohoo his second. Mr. Warden continued the discussion with 'regard to the Chamber of Commerce budget, informing the'Counci.l that the policy adopted by them last year was that the Chamber would receive 20% of the occupancy tax received after that tax had been collected from the motel owners. Betty Sansome, president of the Chamber of Commerce, presented the Chamber's proposed budget to the Council. MOTION: Councilman Jennings moved for approval of Budget Account 1900. The motion was seconded by Councilman Keiser. Comments were heard from Mr. Giannini and Mr. McGonagill who basically felt that the taxpayers' money was being used to promote business and should not be supported by the taxpayers; it should be a self-sustaining organization. Mr. Warden spoke on the Chamber's request for a reserve fund or advances on their allotment. He stated that the original decision of Council was that the money should be paid only after the occupancy tax had been collected. He recommended that if Council approved the Chamber appropriation, that payments to the Chamber of Commerce remain that way. Council agreed that the Chamber should live within the limits of their budget. Mr. Warden also pointed out that the City had estimated $18,000 would go to the Chamber for the 1973-74 fiscal year and the Chamber had estimated $19,000. Mrs. Sansome stated that the Chamber hopes to stimulate business so that it would reach that amount. Councilman Jennings amended his motion for the approval of Budget Account 1900 with the restriction that the funds paid to the Chamber of Commerce be made only after collection of the occupancy tax. Councilman Keiser accepted the motion and it was unanimously carried with Mayor Mitchell,abstaining. Councilman Donohoo turned the meeting back over to Mayor Mitchell. RECESS 11:50 a.m. RECONVENED 12:05 p.m. COUNCILMAN MC CONAGHAY WAS PRESENT AT THIS TIME. 17. ..Gen6ra1 Government Building - Budget Account 1800 MOTION: Councilman Jennings moved Tor,the approval of Budget Account 1800. The motion was seconded by Councilman Donohoo and unanimously carried. 18. Engineering and Administration - Budget Account 3000 Mr. Warden stated that there was a change in Account 3000 where Fred Wells was listed as Assistant Public Works Director. Staff had felt that it would be better to hire a civil engineer to work as City Engineer and Deputy Public Works Director. In this way, MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting June 2, 1973 Page 6 the City could replace their contractural arrangement with Garing and Taylor Associates and provide the Public Works Director with the assistance he needs in operating his many departments, as well as someone to act in his stead in his absence. Staff had felt that a full time registered civil engineer could devote all his time and efforts to the benefit of the City, although the City would still have to contract for some projects which would be too large for the City to handle. Mr. McGonagill and Mr. Giannini felt that a registered civil engineer should run the Public Works Department. Mr. Warden pointed out that the engineer would be in a technical position while the Director of Public Works is in an administrative position and that such an arrangement would not be unique to the City of Morro Bay. It was noted that the change in 3001 would be that the proposed salary of Fred Wells would be reduced to $9,924 from $10,824, since he would not be filling the Assistant Public Works Director function. MOTION: Councilman Donohoo moved that Budget Account 3000 be approved as amended. The motion was seconded by Councilman Jennings and unanimously carried. 19. Parking Facilities - Budget Account 3100 MOTION: Councilman Donohoo moved for the approval of Budget Account 3100. The motion was seconded by Councilman Jennings and unanimously carried. 20. Storm Drains - Budget Account 3200 MOTION: Councilman Jennings moved for the approval of Budget Account 3200. The motion was seconded by Councilman Donohoo and unanimously carried. 21. Street Construction and Maintenance, -..Budget Account 3300 Mr. Warden discussed TOPICS projects and funds for the Annual Transportation Claim. He stated that contrary to recent publicity, the City had not decided that Main Street needed to be widened to accommodate heavier traffic. This matter was considered carefully and it was recommended that a bike pathway and pedestrian walkway should be constructed as a beginning phase for connecting the State Park areas with the Embarcadero and to enhance pedestrian and bicycle safety. Mr. Giannini commented on the deplorable shape of West Street because of holes in the asphalt. MOTION: Councilman Donohoo moved that Budget Account 3300 be approved. The motion was seconded by Councilman Jennings and unanimously carried. 22. Sanitary Department - Budget Account 3400 Mr. Warden pointed out that this budget provided for the hiring of an additional employee. He stated that it was very difficult to operate the plant full time with only three employees; MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting June 2, 1973 Page 7 this man is also needed with regard to new treatment plant,.re- quirements. In addition, the City will begin an annual preventa- tive maintenance program for sewers throughout the City. MOTION: Councilman Jennings moved for the approval of Budget Account 3400. The motion was seconded by Councilman Donohoo and unanimously carried.. 23. Water Department Budget Account 3600. Mr. Warden explained that the City was planning a replacement of water meters to prevent the loss of water and revenue. He stated that some of the water meters in use are very old and have malfunctioned causing the water flow to be inaccurate. This program would phase out old meters and replace them as they become inaccurate. MOTION: Councilman Donohoo moved for the approval of Budget Account 3600. The motion was seconded by Councilman Keiser and unanimously carried. 24. Harbor Department - Budget Account 3700 It was noted that the budget provided for an additional harbor patrolman. MOTION: Councilman Jennings moved for the approval of Budget Account 3700. The motion was seconded by Councilman Donohoo. Mr. Giannini expressed his opinion that additional manpower was needed in the Public Works Department for the maintenance of streets, etc., more than it was needed in the Harbor Department. The motion was unanimously carried. 25. Parks and Playgrounds - Budget Account 3800 MOTION: Councilman Donohoo moved for the approval of Budget Account 3800. The motion was seconded by Councilman Jennings and unanimously carried. 26. Revenue Sharing Mr. Warden briefly explained to the Council the requirements for spending Revenue Sharing funds. These were that the funds could not be spent on projects which were entitled to or would receive Federal grant monies; the projects chosen should be one-time expenditures since it is not known whether or not Congress will grant future revenue sharing funds; a plan must be drawn for the expenditure of funds by June 20, 1973; and, the money must be spent within two years after receipt. RECESS 2:25 p.m. RECONVENED 2:31 p.m. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting June 2, 1973 Page 8 Mayor Mitchell asked how definite the plans have to be and Mr. Warden stated that the form to be filled in for Treasury use was extensive but did not indicate whether a project could be changed at a later date. It was thought that the project designated must remain as originally chosen but that an attempt would be made to resolve this question by the June 11, 1973, Council meeting. Mr. Warden began reviewing the projects suggested by Staff for the use of the revenue sharing funds the City has received, or will receive, during FY 73/74. There was considerable discussion as to the proposed items with comments from Mr. McGonagill and Mr. Giannini. Some of the discussion centered around acquisition of land for open space purposes. Also discussed was the City's funds in unbudgeted reserve. It was felt by Council that reserves should not be allowed to continue to build but should be allocated to specific projects which would benefit the taxpayers. Councilman Keiser felt that the water mains in North Morro Bay should be updated and that the City should use unbudgeted reserve to do it. There was discussion with regard to expending $115,000 of Revenue Sharing monies toward the addition of City Hall. Councilman McConaghay and Mayor. Mitchell felt that a plan should be developed before this expenditure was approved. MOTION: Councilman Jennings moved that the Council accept the items listed by Staff as expenditures for Revenue Sharing monies. The motion was seconded by Councilman Donohoo and carried on the following roll call vote: AYES: Councilmen Donohoo, Jennings and Keiser NOES: Councilman McConaghay and Mayor Mitchell MOTION: Councilman Donohoo moved that item 3632 be increased by $50,000 for improvements of undersized water mains in North Morro Bay; this money to come from unbudgeted reserve. The motion was seconded by Councilman Jennings. There was further discussion with regard to the expenditure of $115,000 for improvements to City Hall. Mayor Mitchell stated that he was not satisfied with this item and would like to hear some thoughts on the subject and further discussion. Also, he would like to know how definitive the projects must be for Revenue Sharing funds and if they 'could be changed after once designated. Staff was directed to schedule this item for discussion at the next regular meeting of the Council and find the answers to the questions raised. The motion was unanimously carried by rollcall vote. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting was adjourned at 3:50 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk 0 0 PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the regular meeting of the Morro Bay City Council scheduled for May 28, 1973, has, by minute order of the City Council, been changed to Tuesday, May 29, 1973, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California. DATED: May 18, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California By (jW- X. &J4401Ao-a aj M. L. WARDEN, City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING May 29, 1973 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 May 14, 1973 2. Minutes of the executive meeting of May 14, 1973 3. Minutes of the special meeting of May 21, 1973 HEARINGS, APPEARANCES AND REPORTS A-1 Appeal of Exxon.Co., U.S.A. from Planning Commission denial of Use Permit - continued UNFINISHED BUSINESS B-1 Council determination of mooring policies - continued B-2 Resolution authorizing changes in permitted uses in Lease Sites No. 91, 92, 91W and 92W - Anderson NEW BUSINESS C-1 Request of Ralph Gunther for amendments to Lease Sites No. 21 and 22 C-2 Consideration of renting Lease Sites No. 100, 101, 100W and 101W to Ralph Gunther on a month -to -month basis C-3 Consideration of eradication of Poison Oak along south side of Keiser Park C-4 Proposed ordinance regulating the construction, repair,. modification and destruction of water wells in Morro Bay C-5 Proposed ordinance regarding nuisances INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 29, 1973 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 Dudley Johnson of the United Methodist Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay, and Mayor Mitchell ABSENT: None MINUTES The minutes of the regular and executive meeting of May 14, 1973, and the special meeting of May 21, 1973, were considered by the Council. Councilman Donohoo stated that he wished to make a correction to the hearing times on page two. The time of "4:43 p.m." in paragraph three should be changed to "7:43 p.m." and "8:51 p.m." in paragraph five should be changed to "7:51 p.m." MOTION: Councilman Donohoo moved that the minutes be approved as amended. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS. APPEARANCES AND REPORTS A-1 Appeal of Exxon Co., U.S.A. from Planning Commission denial of Use Permit - continued. Mayor Mitchell stated that the Council had considered this appeal for a sign exception at a service station at their last Council meeting. Because the applicant had made some modifications on his original request to the Planning Commission, which was denied, the matter had been referred back to the Planning Commission for determination. The Planning Commission, at their meeting of May 21, 1973, had again denied this exception. Mayor Mitchell asked Mr. Rogoway to present the Planning Commission's views to the, Council. Mr. Rogoway stated that the Planning Commission had denied this request because the proposed height of the sign still exceeded the requirements of the sign ordinance. He said that since the Planning Commission had established a policy of denying height limit exceptions on signs previously, it would not be in order to grant this one. Mayor Mitchell opened the hearing at 7:38 p.m. and called for presentations with regard to this appeal. Mr. William Farmer, Engineer for Exxon Company, spoke in favor of the exception. He stated that the main reason for the application was because of the difficulty of the freeway driver seeing their sign, at a lower height, in time to leave the freeway. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 29, 1973 Page 2 Also, trees across the street will block the sign if it is within the height requirements of the sign ordinance. Mayor Mitchell asked if there were any further presentations on this matter, and, as there were none, declared the hearing closed at 7:40 p.m. Mayor Mitchell asked what effect Council approval of the sign exception would have in view of the fact that this is a non- conforming sign. According to the sign ordinance, non -conforming signs have to be replaced by conforming signs within a prescribed period of time. Mr. Rogoway stated that if the Council approved the sign exception, it would result in the non -conforming sign remaining and it would not have to be replaced. In addition, Mr. Rogoway stated that the Planning Commission felt that the trees mentioned by the applicant would grow to cover any additional height of the sign so that the exception would not solve that problem. Mayor Mitchell was of the opinion that the Council should concur in Planning Commission recommendation of this matter. MOTION: Mayor Mitchell moved that the appeal of Exxon Co., U.S.A. from Planning Commission denial of Use Permit be denied. The motion was seconded by Councilman Donohoo and unanimously carried: UNFINISHED BUSINESS B-1 Council determination of mooring policies - continued. Mayor Mitchell stated that the Council had discussed this matter at a previous meeting and had determined that moorings should be owned and maintained by the individual, the individual to pay for the water area occupied, and the moorings to be made and maintained to City specifications and subject to inspection by the City. The moorings would be owned and operated on a one-to-one basis. Since then, however, the Council had received a memo from Councilman Jennings in which he stated several reasons why he felt the Council should reconsider this matter and decide on City owned moorings. Councilman Jennings reviewed his memo with Council. His reasons for City owned moorings included: (1) a costly mooring barge would not be required, (2) the additional harbor patrolman is required regardless, (3) mooring costs are negligible, (4) a mooring will pay for itself in four years, (5) other cities have successfully adopted this policy, (6) commercial fishermen and Yacht Club members were in favor of it. Mr. John Kirth, lease holder for the Morro Bay Marina, spoke in favor of an individual owning a block of moorings. He stated that he had thirty moorings now and, during the winter months. the moorings were a major source of income for his operation. He stated that he had already taken steps to have the moorings inspected and brought up to City specifications. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 29, 1973 Page 3 Norman Knowles, Port Captain at the Morro Bay Yacht Club, spoke in favor of City owned moorings. Bernard Ginsberg spoke in favor of individual ownership of moorings, as did Joseph Giannini. Mr. Giannini stated that if the City owned and operated moorings, it would be taking money away from the taxpayers. Mr. Williard McGonagill also spoke in favor of individual ownership of moorings. Councilman Keiser stated that she felt if moorings were privately owned, the prices charged for moorings would be too high for the fishermen. She had talked to these men and they cannot understand why the City will not own and operate the moorings themselves. Mayor Mitchell felt that there were two questions to be answered should the moorings be individually owned and operated; that is, a group of moorings owned and operated by an individual, or should only one person own and operate one mooring. It was noted that many people rent moorings and rely on the operator or mooring owner to safeguard the boat. Councilman McConaghay stated that he was against City owned moor- ings because of economics and because the City is not experienced enough to handle the whole operation. He felt that the original decision, for the moorings to be owned and operated on an individual, one-to-one basis, with the moorings built and maintained to City specifications and to City inspection, should be adherred to. More comments were heard from the above people and Mr. Devlin. Councilman Donohoo stated that the Council had already taken action on this matter and should stick by that decision. Councilman McConaghay and Mayor Mitchell agreed. Mayor Mitchell felt that consideration should be given to leasing out blocks of moorings for boat,s who come into the harbor temporarily. There was considerable discussion regarding transient boats, and the possibility of the Yacht Club handling them all rather than just the pleasure crafts. MOTION: Councilman McConaghay moved that the policy with regard to this matter stand as previously determined and that Staff prepare the harbor ordinance for first reading to that effect. The motion was seconded by Councilman Donohoo and unanimously carried. COUNCILMAN MC CONAGHAY LEFT THE MEETING AT 8:45 P.M. There was more discussion with regard to putting private individuals out of businesscif moorings were leased on a one-to-one basis. Mr. Warden was directed to prepare the ordinance with regard to the mooring policy on an individual, one-to-one, ownership of moorings; phase out of presently privately owned moorings; and the Yacht Club providing for transient moorings. RECESS 8:50 p.m. RECONVENED 9:01 P.M. 0 • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 29, 1973 Page 4 Mayor Mitchell continued with the discussion of moorings and stated that he felt the matter should be taken back to the Harbor Committee for study and recommendations. He was still concerned as to whether the moorings should be let on the one-to-one basis or in blocks. MOTION: Mayor Mitchell moved that this matter be referred back to the Harbor Committee to consider the questi6n of. ownership and operation of moorings and that they make recommendations to Council. The motion was seconded by Council Donohoo and unanimously carried. B-2 Resolutions regarding'Lease Sites No. 91, 92, 91W and 92W Anderson Mayor Mitchell stated that the first resolution provided for changes in the lease use from "wholesale and retail fish market, fish unloading for fish market" to "sportswear shop and fish unloading". RESOLUTION NO. 35-73• Resolution authorizing changes in permitted uses on Lease Sites No. 91, 92, 91W and 92W. MOTION: Councilman Donohoo moved that Resolution No. 35-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 35-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 35-73. The motion was seconded by Councilman Donohoo and unanimously carried by-'roll'aall'vote. RESOLUTION NO. 36-73. Resolution approving sublease on portion of Lease Site No. 24 - Anderson Mayor Mitchell stated that this resolution approved a sublease between Harold J. and Rita B. Anderson, Lessee and Roy R. and Lois A. Rowland. MOTION: Councilman Donohoo moved that Resolution No. 36-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 36-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 36-73. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. NEW BUSINESS C-1 Request of Ralph Gunther for amendments to Lease Sites No. 21 and 22. r 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 29, 1973 Page 5 Mayor Mitchell stated that Mr. Gunther was requesting approval to changes in his lease for Lease' Site No. 21 to build and operate an arcade type facility on the area fronting his.restaurant. He would not be operating the business in the arcade, rather he would be renting the space similar to the 'situation at the H.M.S. Salt. As far as the schedule of rental payments concerned, he is requesting to permit a 7% percentage of the rentals received to be paid to the City, in addition to his basic lease payments. He is also requesting a rearrangement of the present building on Lease Site No. 22; he wishes to be allowed an.additional twenty feet of space, now used as an office, for an extension of his gift shop and to relocate his office space within the building. Mr. Warden stated that he would not be requesting a change in the use as the use contemplated would.be that of retail sales which is listed as one of his present uses. Council members felt that this matter should be referred to the Planning Commission for approval of the use. MOTION: Councilman Donohoo moved that Mr. Gunther's request be referred to the Planning Commission for their recommendations. The motion was seconded by Councilman Keiser and unanimously carried. C-2 Consideration of renting Lease Sites No. 100, 101, 100W, and 101W to Ralph Gunther on a month -to -month basis. Mayor Mitchell stated that the Lease for this area, which was in the name of Ralph Gunther, expired April 30, 1973. The City has plans to construct docks in that area, but the plans have not yet been approved by the Regional Commission. Since Mr. Gunther has docking facilities at this lease site and there are individuals presently docking there, it would seem reasonable to allow Mr. Gunther to rent the lease site on a month -to -month basis, with provision of a thirty day notice to remove. At that time Mr. Gunther could remove all the facilities presently there, which, under the terms of the lease, he is allowed to do. Under this arrangement, inconvenience would be avoided to those persons presently occupying the docking spaces. Mr. Gunther would be expected to pay monthly 1/12 of the annual lease rental previously charged to him. MOTION: Councilman Donohoo moved that Staff be authorized to rent the space with regard to Lease Sites No. 100, 101, 100W and A lW to Mr. Gunther on a month -to - month basis at 1/12 of the annual lease payment and with the provision of a thirty day notice to vacate. The motion was seconded by Councilman Jennings and unanimously carried. C=3 Consideration of eradication of Poison Oak along south side of Keiser Park Mayor Mitchell stated that Council was in receipt of a memo from the Director of Public Works in which he informed Council of the MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 29, 1973 Page 6 heavy concentrations of poison oak at Keiser Park. The County Agriculture Inspector had informed him that it would cost the City approximately $100 to hire his department to kill the weed. This would also involve a possible loss of 30% to 40% of the existing vegetation. The Inspector had said that his loss is unavoidable, however, they would be as careful as possible. Councilman Keiser stated that she received calls from people disturbed that the killing might hurt the willows in the area. Mr. Doug Stuart stated that it might kill some of the leaves if it gets on them, but it will not kill the trees. Also, it might take more than one application of the spray to kill the poison oak. Marilyn Troxler stated that she was very glad to see this done. Her children have been contracting poison oak from playing baseball in this area. MOTION: Councilman Keiser moved that Staff follow through and take the necessary action to eradicate the poison oak at Keiser Park. The motion was seconded by Councilman Donohoo and unanimously carried. C-4 ORDINANCE NO. 111. Ordinance regulating the construction, repair, modification and destruction of water wells within the incorporated area of Morro Bay. Mayor Mitchell stated that certain requirements had been mandated by the State Water Quality Control' Board with regard to water wells and this ordinance incorporated them. MOTION: Councilman Donohoo moved that Ordinance 111 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Ordinance No. 111 by title only. MOTION: Councilman Donohoo moved that this constitute the first reading of Ordinance No. 111. The motion was seconded by Mayor Mitchell and unanimously carried. C=5 ORDINANCE NO. 112. Ordinance regarding weeds and nuisances. Mr. Warden reviewed the ordinance and stated that it incorporated the weed abatement regulations. . MOTION: Councilman Donohoo moved that Ordinance No. 112 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Ordinance No. 112 by title only. MOTION: Councilman Jennings moved that this constitute the first reading of Ordinance No. 112. The motion was seconded by Councilman Donohoo and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION 0 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 29, 1973 Page 7 D-1 City Council (1) Councilman Keiser asked for project. Mr. Warden stated and books are ready for distribution. needs are, in order of priority, (1) Main Street and Atascadero Road, and Boulevard. a report on the TOPICS that the study was complete The three areas for traffic Beach and Main Street, (2) (3) Kern and Morro Bay (2) Councilman Keiser reported on her recent trip to Sacramento to attend the League of California Cities Mayors' and City Councilmen's Institute. Discussed at length during the meetings were environmental,_quality, land uses, direction of changes in zoning, open space, etc. She had met with Assemblyman Nimmo and Senator Grunsky and brought them up to date on the City's wastewater reclamation project. She stated that there was considerable legislation in progress that the,City should be concerned with and perhaps should advise legislators as to specific items of legislation. (3) Mayor Mitchell stated that he was in receipt of a notice from Richard Carpenter, Director of Legislative Affairs and General Counsel for tte League of -California Cities, regarding Senator Donald L. Grunsky's selection as most effective Republican Senator. This selection was made by the members of the Legislature. He suggested that Staff send a letter of congratulations to Senator Grunsky for this honor. D=2 City Attorney (1) Mr. LeSaue reported on the proposed order in the Whale , Rock Case. D=3 City Administrator (1) Mr. Warden presented the Expenditure Report for the period May 1 through 15, 1973, for the consideration of the Council. MOTION: Councilman Donohoo moved that the Expenditure Report for the period May 1 through 15, 1973, be approved. The motion was seconded by Councilman Jennings and unanimously carried. (2) Mr. Warden presented Transfer Voucher No. 2-3-19 in the amount of $5800 for the special water lawyer, previously budgeted items and revamping the Recreation Department; and Transfer Voucher No. 2-3-20 for various items within departments only. MOTION: Councilman Vouchers No seconded by carried. Donohoo moved for the approval of Transfer 2-3-19 and 2-3-20. The motion was Councilman Jennings and unanimously (3) Mr. Warden reminded Council members of the Elks parade in Santa Maria on Saturday and it was noted that that was the day set aside for budget hearing. CORRESPONDENCE 1. Letter from Senator Grunsky in support of the City's wastewater reclamation project. MOTION: Councilman Donohoo moved that the correspondence be filed. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 29, 1973 Page 8 The motion was seconded by Councilman Jennings and unanimously carried. ADJOURNMENT Mr. Warden asked the Council to adjourn to executive session to discuss personnel matters. MOTION: Councilman Donohoo moved that the meeting be adjourned to executive session for the purpose of discussing personnel matters. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned to executive session at 9:30 p.m. and returned to regular session at 9:43 p.m. MOTION: Councilman Donohoo'moved that the meeting be adjourned to Saturday, June 2, 1973, at 9:00 a.m. in the City Hall Conference Room. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned at 9:50 p.m. Recorded by: M. L. WARDEN, City Clerk 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, May 21, 1973, at 4:30 p.m., in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider applicants for Planning Consultant. DATED: May 18, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California M. L. WARDEN, City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 21, 1973 4:30 p.m. City Hall Conference Room The meeting was called to order at 4:30 p.m. by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Donohoo, Keiser and Mayor Mitchell ABSENT: Councilmen Jennings and McConaghay Mayor Mitchell explained that the special meeting had been called for the purpose of interviewing Mr. Menard, of Owen Menard and Associates, to determine if his firm should be retained as Planning Consultants to update the City's General Plan and keep it up-to-date on a yearly basis. r. Mr. Warden summarized Mr. Menard's background in providing planning services for other cities. He had called several of the references provided in Mr. Menard's resume and reported that all provided strong recommendations for retaining Mr. Menard.'s firm. In addition to his technical qualifications, Mr. Menard was characterized as being particularly sensitive to the necessity for balanced planning considering all aspects of the total environ- ment and his dedication to providing quality services as opposed to being merely interested in a financial return. Mr. Warden stated that he had contacted five planning consulting firms and three had responded. He and Mr. Rogoway had reviewed and evaluated each of the applicants in terms of their response to our request for proposals - Eckbo,•Dean, Austin and Williams from Los Angeles; Merriam,.Meyer and Associates from San Luis Obispo and Owen Menard and Associates from Claremont. While the price ranges for the services rendered were basically the same, the Eckbo, Dean Austin and Williams proposal was essentially a one- time approach to the problem and the Merriam, Meyer and Associates firm did not have the depth of experience as that of Menard and Associates.. The cost estimates presented ranged from $35,000 to $60,000 for a total update and reworking of the General Plan to include all elements required by State law. Menard and Associates pre- sented an estimate of $35,000 for the total project with an annual maintenance fee of from $6,000 to $8,000 thereafter. There was general discussion regarding cost factors with Mr. Menard pointing out that until his organization had performed the reconnaissance, or preliminary survey, and update of planning data that an exact figure for all elements could not be determined. Mr. Menard discussed the various considerations involved in preparing a General Plan for a city. Among these are interviews with the citizens, consideration of economic and environmental factors, community attitudes and perhaps committee work to estab- lish community desires. The reconnaissance work would provide data for the above considerations. Mr. Menard emphasized that his organization stands behind its work and would be available for consultation during the implemen- tation phase of the updated General Plan. Also, if the City decided to enter into a contract on a maintenance basis, his firm MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 21, 1973 Page Two would be available. MOTION: Councilman Donohoo moved that the City enter into a contract with Owen Menard and Associates to update the City's General Plan on a phased basis and that Mr. Menard be offered a contract with option to renew providing that both parties are satisfied with the arrangement after having completed the first phase of the project. Part of the work to be accomplished would be updating of the data base for the General Plan and to complete a Conservation and Open Space Element by January 1, 1974, with renewal of the contract to be considered after evaluation of this work. Owen Menard and Associates would provide a work program detailing total cost factors and comple- tion dates for the General Plan and the elements thereto. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Warden informed the Council that the amount of $13,500 would be implemented into the proposed budget for this project. Mr. Menard indicated that his firm could have a reconnaissance prepared in approximately four months. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting adjourned at 5:20 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk 6 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, May:.14, 1973, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the appeal of Exxon'C'ompany, U.S.A. from Planning Commission denial of Sign Exception Permit at 290 Atascadero Road, Morro Bay, California, at which said hearing any person interested may appear and express his views for, against, or in modification of said appeal. DATED: April 30, 1973 . DALE C. MITCHELL, Mayor City of Morro Bay, California M. L. WARDEN, City Clerk 11 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING May 14, 1973 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 April 23, 1973 2. Minutes of the executive meeting of April 23, 1973 3. Minutes of the adjourned regular meeting of April 30, 1973 4. Minutes of the executive meeting of April 30, 1973 HEARINGS, APPEARANCES AND REPORTS A-1 Appeal of Donald P. Opperman from Planning Commission denial of variance A-2 Appeal of Exxon Co., U.S.A. from Planning Commission denial of Use Permit A-3 Report of Staff on "T" Pier marine sewage pump -out UNFINISHED BUSINESS B-1 Consideration of Planning Commission approval of uses for Lease Sites No. 105.3W, 106W-108W - Brebes Morro Bay Fisheries B-2 Resolution approving submission of revised Annual Project and Financial Plan of City of Morro Bay Annual Transportation Claim B-3 Resolution on conduct of the Council on Intergovernmental Relations meeting on March 15, 1973 B-4 Council determination of mooring policies NEW BUSINESS C-1 Resolutions assigning Lease Site No. 17 and Extension of 17 from Registered Properties Management, Inc. to John Kirth C-2 Consideration of Planning Commission approval of change of use for Lease Site No. 24 - Anderson C-3 Consideration of negative Environmental Impact Statement - JimLen Properties C-4 Consideration of negative Environmental Impact Statement - Visalia Homes C-5 Consideration of negative Environmental Impact Statement - Leo R. Pedersen for San Luis Obispo Savings & Loan Assn. C-6 Review of Chamber of Commerce 3rd Quarterly Report C-7 Submission of goal from Community Development Committee of the Community Goals Committee regarding the harbor C-8 Claim of James E. Oliver against City for property damage C-9 Claim of Virgil S. Morris against City for property damage C-10 Resolution rescinding and substituting provisions of section 6 and 11 of Resolution No. 65-67 C-11 Resolution authorizing granting of lease for Lease Site No. 90 to James P. Eddy, Sr. INDIVIDUAL DETERMINATION AND/OR ACTION C-1 City Council D-2 City Attorney D-3 City Administrator Correspondence MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 14, 1973 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 Gibson from the Church of the Nazarene gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Jennings and Mayor Mitchell ABSENT: Councilmen Keiser and McConaghay MINUTES The minutes from the regular and executive meeting of April 23, 1973, and the adjourned regular and executive meeting of April 30, 1973, were considered by the Council. Councilman Donohoo stated that he wished to offer a correction to the regular minutes of April 23, 1973, on page seven under item six, the sentence referring to the "Citizens Advisory Committee" should be changed to read the "County Citizens Transportation Advisory Committee". MOTION: Councilman Donohoo moved that .the minutes be approved as amended. The motion was seconded by Councilman Jennings and unani- mously carried. Mayor Mitchell stated that he had a reques.e from the Quota Club of Morro Bay to make a presentation before the Council proceeded with the agenda. Ms. Betty Powell was present representing the Quota Club and gave the Council some historical background regarding this organiza- tion. She informed them that the Quota Club would like the Council to join them in proclaiming the month of May "Hearing and Speech Month" and requested the Mayor to sign a proclamation to this effect. She stated that their motto for this campaign is "Quiet or your ears will quit." Council thanked Mrs. Powell.for her presentation. A-1 Appeal of Donald P. Opperman from Planning Commission denial of variance Mayor Mitchell stated that Council was in receipt of a letter from Mr. Opperman in which he requested that his appeal be with- drawn. No further action was required of Council. A=2 Appeal of Exxon Co., U.S.A. from Planning Commission denial of Use Permit Mayor Mitchell asked Mr. Rogoway to present this matter to the Council and to give Planning Commission views. Mr. Rogoway stated that the applicant, Exxon Co., U.S.A. was proposing to change a sign at 290 Atascadero Road for an Exxon.Station. The proposal reduced the size of the present sign by sixty square feet, the 11 0 MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL May 14, 1973 height to remain the same at forty-two feet. The reason the applicant is requesting the sign change is because the name of the company has changed from Enco to Exxon. The size of the sign proposed would still exceed that allowed for the property as well as the height limitation. The Planning Commission denied the use permit since the proposed sign would perpetuate and further extend the life of nonconforming signs. Also, the applicants had not made an attempt to bring the sign on the property in conformance with the City ordinance; they had presented no evidence of hardship which would deny them rea- sonable use of their property. Mayor Mitchell opened the public hearing at 7:43 p.m. and called for presentations regarding this matter. Mr. William S. Farmer, Engineer representing Exxon Company, U.S.A., referred to their letter to the Council in which they proposed the following: "Allow modifications of existing 186 square foot Enco sign at 42 feet', reducing the Exxon sign area to 98 square feet, and retaining the existing height at 42 feet above grade, and replacing the existing 51 square foot Enco pole sign at 19 feet with a 36 square foot Exxon sign at 21 feet." In summary, they wished to reduce the sign area from 140 square feet to 98 square feet, but retain the height of the sign. Mr. Farmer stated that the reason for this request was that prospective customers on the freeway would not be able to see the sign in time to allow them to exit from the freeway if the sign was shorter. Mayor Mitchell stated that it appeared that the applicant was requesting something different than the Planning Commission origi- nally considered. He asked if there were any other presentations regarding this matter and, as there were none, closed the public hearing at 8:51 p.m. Mayor Mitchell felt that since the applicant was presenting a different request than that considered by the Planning Commission that this matter should properly be referred back to the Planning Commission for their consideration. He did indicate, however, that he would not be in favor of perpetuating a nonconforming use. MOTION: Councilman Donohoo'moved that this matter be referred back to the Planning Commission for consideration of the request based upon new information. The motion was seconded by Councilman Jennings and unanimously carried. A-3 Report of Staff on "T" Fier marine sewage pump -out Mr. Warden reported that the City has been working with the Coast Guard in drawing up plans for a marine sewage pump -out station to be located on the City "T" Pier. Specifications have been pre- pared and it is estimated that it will cost approximately $6,627 for construction and engineering of the project. Approximately $2,000 of this would be the City's portion which is about 30% of the estimated total. Staff, at this time, is requesting Council permission to go to bid on this project. 0 MINUTES •- MORRO Regular Meeting Page Three BAY CITY COUNCIL May 14, 1973 MOTION: Councilman Jennings moved that Council authorize Staff to present this contract for Bid. The motion was seconded by Council- man Donohoo and unanimously carried. UNFINISHED BUSINESS B-1 Consideration of Planning Commission approval of uses for Lease Sites No. 105.3W, 106W-108W - Brebes Morro Bay Fisheries Mayor Mitchell asked Mr. Rogoway to present this matter regard- ing installation of boat docks on these lease sites. Mr. Rogoway presented maps of this proposal indicating the position of the docks and stated that the applicant was requesting additional water area to accomodate seventy foot crafts. Mr. Rogoway said that -.the' -Planning Commission had questioned the length of the finger piers and had felt that they should be built to the prescribed length. Mr. Rogoway stated that economic reasons apparently dictated the shorter length. The Planning Commission recommended this use but would wait until the actual plans were brought before them to determine specific details of construction. It was noted that an Environmental Impact Statement would be required and it would have to be forwarded to the Regional Commission and the Corps of Engineers for review. Mr. Warden informed the Council that he had received a call from the Department of Ocean and Navigation a few days ago question- ing the possibility of installing docks in front of the restaurant proposed for this area. Mr. Gallo, representing Brebes Morro Bay Fisheries, stated that his client was requesting the additional water area because of the need for maneuvering area for large crafts. They were also asking for an extension of the lease site term in order to amortize their investment. Mr. Gallo suggested his clients interest in using the street end next to this lease site for construction of docks also. He felt that a small board walk could be designed for the area in front of the lease site in the near future for public use. MOTION: Councilman Donohoo moved that Staff,be authorized to negotiate with Mr. Gallo with regard to the term of the lease and report back to Council; also, that Council approve.. the proposal of Brebes Morro Bay Fisheries in concept. The motion was seconded by Mayor Mitchell. There was discussion with regard to the leasing of street ends and Council reaffirmed,their position that the City should retain these areas. The motion was unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May' 14, 1973 Page Four B-2 RESOLUTION NO. 29-73 Resolution approving submission of revised Annual Project and Financial Plan of City of Morro Bay Annual Transportation Claim Mr. Warden informed the Council that this claim must be filed by the end of this week if the City -is to retain transportation claim funds. He said that the original claim filed by the City designated the extension of the Embarcadero as the project for these funds. Since then, however, Council has decided that this project must be deferred, therefore, another project must be substituted in its place. The revised claim provides for the widening of Main Street from Olive Street to,Shasta Avenue to construct a bike path and pedestrian walk, and the construction of storm drains on Elena Street from Main Street to Koa Avenue. Mr. Warden stated that he could not emphasize enough that the designation of these project areas was so that the City would not lose the funds allocated to them; the City could change the project designation at any time. MOTION: Councilman Donohoo moved that Resolution No. 29-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 29-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 29-73. The motion was seconded by Councilman Donohoo and unani- mously carried by roll call vote. B-3 RESOLUTION NO. 30-73 Resolution admonishing the Council on Intergovernmental Relations on the conduct of their March 15, 1973 regular meeting Mayor Mitchell stated that Staff had previously been directed to prepare a resolution in line with the one adopted by the Board of Supervisors regarding this matter. MOTION: Councilman Donohoo moved that Resolution No. 30-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 30-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 30-73. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. B-4 Council determination of mooring policies Mayor Mitchell stated that at the last meeting of the Council, Council members had determined that moorings within the City limits would be leased to individuals, the individuals would construct their own moorings subject to inspection and control by the City, and the moorings would be leased on a one-to-one basis. Since then, MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL May 14, 1973 Council members had received a memorandum from Councilman Jennings in which he listed reasons why the City Council should again con- sider this matter in favor of City owned moorings. Mayor Mitchell read the memorandum which indicated that the costly mooring barge would not be required, the additional harbor patrolman is necessary with or without City owned moorings, rental fees could pay for the moorings in four years, etc. Councilman Donohoo stated that since this is such an important issue, perhaps Council should wait to make a decision until all members are present. Mr. John Kirth, proposed lease holder for Lease Sites No. 17 and Extension of 17, spoke briefly regarding Council policy on this matter. He wanted the Council to know that the mooring business is a key part of his business on this site and that the elimination of his owning them would hurt him since he leases approximately thirty moorings. Councilman Jennings stated that he would be happy to talk to Mr. Kirth and advise him of the research etc., that has gone into this matter. Staff was directed to place this matter on the next agenda for Council consideration. NEW BUSINESS C-1 Resolutions assigning Lease Site No. 17 and Extension of 17 from Registered Properties Management, Inc. to John and Gisela Kirth RESOLUTION NO. 31-73 Resolution approving assignment of Lease Site No. 17 from Registered Properties Management Incorporated to John J. Kirth and Gisela G. Kirth MOTION: Councilman Donohoo moved that Resolution No. 31-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 31-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 31-72. The motion was seconded by Councilman Donohoo and unani- mously carried by roll call vote. RESOLUTION NO. 32-73 Resolution approving assignment of Exten- sion of Lease Site No. 17 from Registered Properties Management, Incorporated to John J. Kirth and Gisela G. Kirth MOTION: Councilman Jennings moved that Resolution No. 32-73 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Resolution No. 32-73 by title only. MINUTES - MORRO BAYCITY COUNCIL Regular Meeting May 14, 1973 Page Six MOTION: Councilman Jennings moved for the adoption of Resolution No. 32-73. The motion was seconded by Councilman Donohoo and unani- mously carried by roll call vote. C-2 Consideration of Planning Commission approval of change of use for Lease Site No. 24 - Anderson Mayor Mitchell stated that the present uses on this lease site are a restaurant, fish market and rift shop. The applicant is requesting that the fish market be changed to sports wear. Mr. Rogoway stated that the Planning Commission had a list of suggested uses for the Embarcadero and this particular section of the Embarcadero had been designated as'a boat service area. How- ever, since the list was originally determined the trend seemed to be to allow other uses than those designated. They felt that this use could be approved in view of the other associated uses in the area. MOTION: Councilman Donohoo moved that the City Council approve the recommendation of the Planning Commission that the request to change the use for Lease Site No. 24 from fish market and gift shop to sports wear and gift shop,be granted. The motion was seconded'by Councilman Jennings and unanimously carried. Mr. warden.stated that Mrs. Rowland would be sub -leasing this area from Mr. Anderson,.the lease holder, and Mrs. Rowland would be responsible to Mr. Anderson for•the use of this property.. RECESS 8:45 p.m. RECONVENED 8:54 p.m. C-3 Consideration of negative Environmental Impact Statement - JimLen Properties I Mr. Rogoway presented this matter to the Council stating that the project is for a nine unit apartment house at 584 Kings Avenue. He informed them that this development is in compliance with the zoning ordinance and that it is a permitted use for this area. fie recommended that Council make a finding that this project has a negative impact on the environment and does not require an Environ- mental Impact Report. MOTION: Mayor Mitchell moved that Council make a finding of a negative impact on the environment with regard to the project of JimLen Properties and that it requires no Environmental Impact Report. The motion was seconded by Councilman Donohoo and unanimously carried. C-4 Consideration of negative Environmental Impact Statement - Visalia Homes Mr. Rogoway stated that this project was for the replacement of an apartment with a motel unit at 2630 Main Street. He said that MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL May. 14, 1973 the Planning Commission had felt that the impact as a result of this project could be beneficial, because the existing structure is substandard. The only requirement on this project is the securing of a building permit. MOTION: Councilman Jennings moved that Council make a finding of a negative impact on this project and that it does not require an Environmental Impact Report. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Rogoway stated that it would be proper for Mayor Mitchell to ask for comments regarding these projects. Mayor Mitchell asked if there were any presentations from the audience with regard to the JimLen Properties project for a nine - unit apartment house. As there were none, he then asked for presen- tation concerning the replacement of a motel by Visalia Homes. There were no comments on this project either. C-5 Consideration of negative Environmental Impact Statement - Leo R. Pedersen for San Luis Obispo Savings and Loan Assn. Mr. Rogoway stated that the applicant was proposing to build a branch office where their Mobile office has been on the southwest corner of Morro Bay Boulevard and Shasta Avenue. He stated that this building would improve the property which already includes a parking lot. He recommended approval of.this project. MOTION: Councilman Donohoo moved that Council make a finding of a negative impact on the construction of this branch office and that no Environmental Impact Report is required. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Leo Pederson, architect representing the applicant, was present and had a drawing of the completed building for the view of the Council. C-6 Review of Chamber of Commerce 3rd Quarterly Report Mayor Mitchell briefly reviewed this report and thanked the Chamber for it. C-7 Submission of goal from Community Development Committee of the Community Goals Committee regarding the harbor Mayor Mitchell stated that the Council was in receipt of a recommendation from the Community Development Committee which endorses the following: 11 1. The City Council, this year, should see that the harbor channel is dredged to the full extent of the obligation of the Corps of Engineers to dredge this channel. "2. The City Council, this year, should instigate and establish some program of maintenance and recovery of the east shoreline of the bay where deterioration and erosion are evident." MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL May_ 14, 1973 They recommended tliat'=the City Council adopt a policy with respect to these two suggested goals. Mr. Warden stated that the Corps of Engineers is presently surveying the bay to determine the extent of the dredging required. With respect to the second item, the Staff has included funds for revetment':: repairs in the proposed budget. Councilman Jennings suggested that the Council's endorsement of this policy be forwarded to the Corps of Engineers and the Department of the Interior. MOTION: Mayor Mitchell moved that the City Council adopt a position which is responsive to these two goals as'a matter of policy and direct Staff to have these policies in mind in the preparation of the budget. The motion was seconded by Councilman Donohoo and unanimously carried. C-8 Claim of James E. Oliver against City for property damage Mayor Mitchell stated that the normal procedure for these matters is to deny the claim. This allows the insurance company to procede•in the best interests of the City. MOTION: Councilman Donohoo moved that the claim of James E. Oliver and Gwen Oliver be denied. The motion was seconded by Councilman Jennings and unanimously carried. C-9 Claim of Virgil S. Morris against City for property damage MOTION: Councilman Donohoo moved that the claim of Virgil S. Morris be denied. The motion was seconded by Councilman Jennings and unanimously carried. C-10 RESOLUTION NO. 33-73 Resolution rescinding and substituting provisions of section 6 and 11 of Resolution No. 65-67 Mayor Mitchell stated that this resolution provided that the mileage rate for employees on City business by changed from 94� a mile to 14C a mile. MOTION: Councilman Jennings moved that Resolution No. 33-73 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Resolution No. 33-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 33-73. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. C-11 RESOLUTION NO. 34-73 Resolution authorizing granting of lease for Lease S1te No. 90 and 90W to James P. Eddy, Sr. MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL '_May 14, 1973 MOTION: Councilman Jennings moved that Resolution No. 34-73 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Resolution No. 34-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 34-73. The motion was. seconded by Councilman Donohoo and unani- mously carried by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Mayor Mitchell stated that he and Councilman Keiser had been appointed to a committee to look into the feasibility of the City purchasing the Veteran's Memorial Building. Since then, they have been collecting information about the facility regarding costs, etc. Mayor Mitchell felt that there should be a larger committee formed to study this matter and directed Staff to contact various service organizations to appoint members to this committee. D-2 City Attorney (1) Mr. LeSage stated that he had received notice of intention of decision in the Morro Bay American/West case. It is the intention of the court to issue a writ of mandate regarding the proposed use of the property adjoining the high school. (2) Mr. LeSage stated that he had also received a notice that the time for granting or denying a hearing by the Supreme Court had been extended to the 21st of May in the case of Pipkin vs. the State of California and the City of Morro Bay. D-3 City Administrator (1) Mr. Warden reported on'a letter just received from the Governor's Office reporting various State agency comments concerning the.proposed wastewater reclamation project for the City of Morro Bay. He stated that the engineers had, today, entered the lands at Camp San Luis Obispo to'obtain the necessary information for use of the land. Also, Mr. Warden will be meeting..with Harold Wilson of Cal -Poly to discuss this project with him and the possibility of the City using Cal Poly grazing lands for the spreading of effluent. (2) Mr. Warden stated that he had a request from the Planning Commission for permission for them to attend a Course for Planning Commissioners sponsored by the University of California at Berkeley. He stated that the Planning Commission did not have enough money in the.budget'under theit'travel expenses to cover this trip, however, other Planning Commission accounts had surpluses which could cover this expense. , MINUTES - MORRO Regular Meeting Page Ten BAY CITY COUNCIL _May 14, 1973 MOTION: Mayor Mitchell moved that Council authorize the Planning Commissioners interested in attending the Course for Planning Commissioners, to do so; and that Mr. Warden be allowed to make the- necessary budget changes to accomplish this. The motion was seconded by Councilman Jennings and unanimously carried. (3) Mr. Warden summarized correspondence received from Mr. Ken Schwartz regarding a possible course to be conducted by the School of Architecture and Environmental Design at Cal Poly. The course would cover planning theory, General Plan, zoning, var- iances and use permits and current law affecting planning determin- ations. It was felt that this course would be held in the fall quarter, once a week for two hours at a cost of $36.00 per participant. Since receiving this correspondence, Mr. Schwartz informed him that this is also being offered to councilmen and staff people who would be interested in attending. Mr. Warden has already contacted the Planning Commission, and three members have expressed an interest in participating. If the Council feels that they may be interested in this type of course, he will inform Mr. Schwartz to expect five or six people from the City of Morro Bay. Council concurred. (4) Mr. Warden stated that the preliminary budget is in the final stages of preparation and he hopes that the Council will be in receipt of it by Thursday of this week. He requested that Council set a date, possibly a Saturday, in which to study the 1973-74 budget. MOTION: Mayor Mitchell moved that June 2, 1973, be set as the date to review the budget for the forthcoming year. The motion was seconded by Councilman Donohoo and unanimously carried. (5) Mr. Warden informed the Council that the next regular meeting of the Council is scheduled for May 28th which is Memorial Day. He suggested that Council set Tuesday, May 29th for the next regular meeting of the Council. MOTION: Mayor Mitchell moved that Council change the next regular meeting.date of the Council from May 28, 1973 to May 29, 1973 at 7:30 p.m. in the Recreation Hall. The motion was seconded by Councilman Donohoo and unanimously carried. (6) Mr. Warden presented the Financial Report for the period July 1, 1972 through April 30, 1973 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Report for the period July 1, 1972 through April 30, 1973. The motion was seconded by Councilman Jennings and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting '.May 14, 1973 Page Eleven (7) Mr. Warden presented the Expenditure Report for the period April 1 through 15, 1973 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period April 1 through 15, 1973. The motion was seconded by Councilman Jennings and unani- mously carried. (8) Mr. Warden presented the Expenditure Report for the period April 16 through 30, 1973 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period April 16 through 30, 1973. The motion was seconded by Councilman Jennings and unani- mously carried. (9) Mr. Warden brought to the attention of the Council, letters received from Charles W. McElroy, of Cuesta College inform- ing them of the completion of a course in "Wastewater Treatment Plant Operation" by Robert Conn and Darrell Richards. MOTION: Councilman Donohoo moved that the City Administrator be directed to write a letter of congratulations to the two employees who completed this course. The motion was seconded by Mayor Mitchell and unanimously carried. (10) Mr. Warden reviewed correspondence received from the Depart- ment of Administrative Management, County of San Luis Obispo regarding County -wide Municipal Court Districts. (11) Mr. Warden informed the Council of information regarding an Environmental Management Conference sponsored by the California County Government Education Foundation. (12) Mr. Warden reported on the progress for the construction of the Centennial Stairway. Contractors preliminary estimates indicate that the project will cost somewhere in the area of $19,000 to $20,000. The Committee has pledged themselves to raising $10,000 in addition to approximately $8,000 now available, and would like the Council to carry the project, as sponsors, through the Regional Commission, to bid and completion. Also, they ask that the City make up the difference, if any, between the $10,000 they will raise plus the approximate $8,000 on hand, and the acutal cost of the project. MOTION: Councilman Donohoo moved that Council approve,.the request that the City be sponsor of the Centennial Stairway project. The motion was seconded by Councilman Jennings and unanimously carried' MINUTES - MORRO Regular Meeting Page Twelve BAY CITY COUNCIL May 14, 1973 CORRESPONDENCE 1. Notice from the Army Corps of Engineers regarding dock construc- tion by Virgil Moores 2. Notice from the Army Corps of Engineers regarding restaurant construction by Brebes Morro Bay Fisheries 3. Notice from the Army Corps of Engineers regarding construction of a floating log boom by Pacific Gas and Electiic Company 4. Copies of letters from the Army Corps of Engineers to Dorothy Cutter and Mr. and Mrs. Robert Dunn regarding the Orval Leage marina 5. Letter from Senator Grunsky regarding City of Morro Bay letter supporting Pismo Beach suggestion to apply the occupancy tax to the rental of spaces in recreational vehicle parks 6. Letter from the Morro Bay Motel Association supporting the purchase of the Veteran's Memorial Building by the City 7. Letter from the Morro Bay Motel Association regarding the removal of tree stumps 8. Resolution from the City of Half Moon Bay regarding tax equali- zation to support coastal zone local governments MOTION:: Councilman Jennings moved that the corres- pondence be filed. The motion was seconded by Councilman Donohoo and unanimously carried. ADJOURNMENT Mr. Warden requested that the Council adjourn to executive session to discuss personnel matters. MOTION: Councilman Jennings•moded'that the meeting be adjourned to'executive session to discuss personnel matters. The motion was seconded by Councilman Donohoo and unani- mously carried. The meeting adjourned to executive session at 9:43 p.m. and returned to regular session at 10:12 p.m. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting adjourned at 10:13 p.m. Recorded by: By: Ardith Davis M. L. WARDEN,'/e City Clerk Deputy City Clerk. 0 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting April 30, 1973 5:30 p.m. City Hall Conference Room 9he meeting was called to order at 5:30 p.m. by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None Mayor Mitchell noted that the meeting had been called for the purpose of interviewing applicants for Parks and Recreation Commi- ssioner. MOTION: Councilman Donohoo moved that the meeting be adjourned to executive session for the,pur- pose of interviewing applicants for the posi- tion of Parks and Recreation Commissioner. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting adjourned at,5:32 p.m. to executive session and returned to regular session -at 6:02 p.m. MOTION: Councilman Keiser moved that James B. Pierce be appointed to the vacant position of Parks and Recreation Commissioner. The motion was seconded by Councilman Donohoo and unanimously carried. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Council- man Donohoo and unanimously carried. The meeting adjourned at 6:03 p.m. Recorded by: M. L. WARDEN, City Clerk � c� L By: Ardith Davis Deputy City Clerk I • 11 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, April 23, 1973, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the appeal of Pacific Gas and Electric Company from Planning Commission denial of a Conditional Use Permit to build oil storage facilities at 1290 Embarcadero, Morro Bay, California; at which said hearing any person interested may appear and expresshis views for, against or in modification of said appeal. DATED: April 3, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California M. L. WARDEN, City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Notice of Public Hearing published in the April 12, 1973, issue of the Sun -Bulletin setting April 23, 1973, as the hearing date for the appeal of Donald P. Opperman from Planning Commission denial of a Variance for a side setback from three feet to one foot, 455 Orcas Street, Morro Bay, California, is hereby recinded and May 14, 1973, is set for said hearing in its place; at which said hearing any person interested may appear and express his view for, against or in modification of said appeal. DATED: April 16, 1973 DALE C. MITCHELL, Mayor 'City of Morro Bay, California AKie;rz M./L. WARDEN, City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, April 23, 1973, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the appeal of Donald P. Opperman from Planning Commission denial of a Variance for a side setback from three feet to one foot, 455 Orcas Street, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against or in modification of said appeal. DATED: April 10, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California Ajalliz � M. L. WARDEN, City Clerk �a CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING April 23, 1973 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 April 9, 1973 2. Minutes of the executive meeting of April 9, 1973 3. Minutes of the special meeting of April 17, 1973 HEARINGS, APPEARANCES AND REPORTS A-1 Appeal of Pacific Gas and Electric Company from Planning Commission denial of Use Permit - withdrawn A-2 Report of Staff regarding wastewater treatment project status A-3 Report of Staff on cost estimates for bridge across Morro Creek A-4 Report of Staff on P.D. conditions, Lease Site No. 17 and Extension of 17 - Registered Properties Management, Inc. UNFINISHED BUSINESS B-1 Council determination on Harbor Ordinance policy B-2 Parks and Recreation Commissioner applicants B-3 Ordinance No. 110. Ordinance amending Business License Ordinance - second reading NEW BUSINESS C-1 Appeal of Exxon Co., U.S.A. from Planning Commission denial of Use Permit - Set hearing date C-2 Request of W.W. Fuller for City to erect fence to separate residents from Atascadero State Beach C-3 Request of City of Sacramento Junior Statesmen Summer School for City to nominate high school student to attend summer school C-4 Consideration of Board of Supervisors resolution admonishing the Council on Intergovernmental Relations on their conduct of March 15, 1973 regular meeting. 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 April 23, 1973 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'I7onohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None MINUTES The minutes of the regular and executive meetings of April 9, 1973, and the special meeting of April 17, 1973, were considered by the Council. MOTION: Councilman Donohoo moved for the approval of the minutes. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Appeal of Pacific Gas and Electric Company from Planning Commission denial of Use Permit - Withdrawn Mayor Mitchell stated that the Council was in receipt of a letter from Pacific Gas and Electric Company withdrawing their request for an appeal and no further action was required of the Council. A-2 Report of Staff regarding wastewater treatment project status Mr. Warden informed the Council that he had a letter from the Director of the Department of Parks and Recreation, Mr. Penn Mott, Jr., in which he has explored the City's request that it be allowed to use the property that the State is about to acquire under the Legacy of Parks Program at Camp San Luis Obispo. Mr. Warden had asked Mr. Mott to find out if the City could acquire a portion of this land in fee in order to be able to install a wastewater system. Mr. Mott indicated in his letter that this is not possible, but that the City may be able to work with the State in using a portion of the property for reservoirs or ponds or spreading the effluent provided that the City can determine the type of foliage which would best absorb the water during the winter months. Mr. Warden informed the Council that Mr. John Fleming has• volunteered his efforts to determine the best type of foilage avail= able; he has had some experience in this area and will come back to Mr. Warden with further information about the types of foilage best suited to absorption of this water. Mr. Warden stated that he had also contacted Cal Poly as they have the lands immediately to the north of this State property and they have indicated a willingness to work with the City in terms MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL April 23,,1973 of disbursing this water. Subsequently, Mr. Warden contacted Carollo Engineers and asked them to explore the appropriateness of this area for ponding. Mr. Warden explained that this would cost approximately $8,000. He asked for Council approval of this expenditure. MOTION: Councilman Keiser moved that Staff be authorized to proceed with the project toward determining the sites for ponding on the State property as well as perform- ing percolation tests. The motion was seconded by Councilman Jennings and unani- mously carried. A-3 Report of Staff on cost estimates for bridge across Morro Creek Mayor Mitchell stated that Staff,had been requested to obtain preliminary cost estimates for placing; a road and bridge across Morro Creek, connecting the Embarcadero with Atascadero Road. Mr. Warden said that the original estimate for this project was $173,000. but this figure has been updated to include subsequent price increases and the estimate is now $190,000. This does not include any costs which might be recovered through formation of a special assessment district. Mr. Warden stated that some of the costs might be assessed against Pacific Gas and Electric Company and the Morro Sands Land Company, property owners in the area, which would then bring the cost down to approximately $160,000. There was discussion regarding an election which would be held before this project could be initiated and the probability of imple- menting it in the budget. Mr. Warden suggested that Council wait until they have a look at the budget now in preparation before they make a determination; there are several items which will merit a hard look before a final decision is made. A-4 Report of Staff on P.D. conditions, Lease Site No. 17 and Extension of 17 - Registered Properties Management, Inc. Mayor Mitchell stated that the City Council had requested that Staff investigate the P.D. conditions.*set on this lease site to determine if they had been complied with and report back to Council. Mr.. Warden stated that Registered Properties Management, Inc. had complied with all conditions imposed by the Planning Commission with the exception of installing a holding tank facility. This must be complied with by April of 1974. Councilman McConaghay asked about the status of the Extension of Lease Site No. 17. Mr. Warden stated that the site is half of a street end and is leased for a period of twenty years. According to paragraph 43 of the lease it can only be terminated if an adopted Harbor Plan calls for a different use, and then giving twelve months notice. Mayor Mitchell stated that it was appropriate at this time to consider the assignment of these leases as requested by the lessee. 0 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL April 23, 1973 MOTION: Councilman Jennings moved for the approval of the assignment of Lease Sites No. 17 and Extension of No.'17 from Registered Properties Management, Inc. to John J. Kirth. The motion was seconded by Mayor Mitchell and unanimously carried. UNFINISHED BUSINESS B-1' Council determination on Harbor Ordinance policy Mayor Mitchell stated that Council had discussed the proposed Harbor Ordinance extensively on April 17th and had left open the decision on the moorings until this evening. The decision to be made is whether the moorings should be owned and operated by the City or owned by individuals with the water area being rented or leased. In the latter case the individuals would build and install their own moorings according to City specifications and subject to inspection by the City. There was discussion by Council members concerning their views of the two proposals. MOTION: Councilman McConaghay moved that Staff be directed to draft the ordinance with the provisions that the moorings be owned by the person leasing the water and to provide that the water space be leased by the owner. The motion was seconded by Councilman Donohoo. Mr. Giannini felt that the moorings should be on an: annual fee basis rather than a lease. There was discussion with regard to the term of the lease for the water area. Councilman McConaghay felt that the City should not concern itself with the amoritization of the moorings. MOTION: Councilman McConaghay amended his motion to include that the rental fee period for use of the water area be on an annual basis and that the renter provide a moor- ing subject to City specifications and inspection. Councilman Donohoo accepted the amendment and it was unanimously carried. There was further discussion with regard to the rental fee and providing City moorings for transient boats. Staff was directed to inquire with the Harbor Staff as to how many moorings they felt should be reserved by the City for transient boats. Council reaffirmed their decision that the moorings which would be individually owned should be on a one-to-one basis. B-2 Parks and Recreation Commissioner applicants Mayor Mitchell stated that Council was in receipt of a memo MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL April 23, 1973 from the City Administrator stating that the period for receiving applications for Parks and Recreation Commissioner had expired and the City had received only two applications to date. MOTION: Councilman Keiser moved that Council set a date for interviewing of applicants for the position of Parks and Recreation Commissioner. The motion was seconded by Mayor Mitchell and unanimously carried. April 30, 1973, at 5:30 p.m. in the City Hall Conference.Room was set for the interviewing of this position. B-3 ORDINANCE NO. 110. Ordinance amending the Business License Ordinance ' MOTION: Councilman'Donohoo moved that Ordinance No. 110 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Ordinance No. 110 by title only. MOTION: Councilman Donohoo moved for the adoption of Ordinance No. 110 and that this con- stitute the second and final reading. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. NEW BUSINESS C-1 Appeal of Exxon Company U.S.A. from Planning Commission denial of Use Permit - set hearing date MOTION: Mayor Mitchell moved that May 14, 1973 be set as the hearing date for the appeal of Exxon Co., U.S.A. The motion was seconded by Councilman Jennings and unanimously carried. It was noted that two council members would be out of town on that date. C-2 Request of W. W. Fuller for City to erect fence to separate residents from Atascadero State Beach Mayor Mitchell stated that the Council had received a letter from Mr. Fuller stating that the people staying in the Park roam the residential area and cause a disturbance for the residents. Mr. Fuller's letter offered some suggestions to overcome this pro- blem among which was the erecting of a fence between the State Park area and the residences immediately adjacent to the Park. Mr. Warden stated that he was in receipt of a letter from Mr. Charles P. Lyden of the Department of Parks and Recreation. Mr. Lyden had received a copy of the letter which the Council was con- sidering. He indicated that a fence of this type had been proposed by the Department of Parks and Recreation a few years age and that MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 23, 1973 Page Five the citizens in the area had obtained an injunction to forestall any type of fencing. He had addressed a letter to this effect to Mr. Fuller. No action was taken by Council on this matter. C-3 Request of City of Sacramento Junior Statesmen Summer School for the City to nominate a High School student to attend summer school. Mayor Mitchell explained that the notice from the City of Sacramento set forth the things provided in the Junior Statesmen Summer School; it involves students staying in dormitories and being instructed.in State Government. It costs $395 per student and suggests that the City nominate a local student and that perhaps the funds could be obtained through service clubs. Mayor Mitchell felt that the Council need first to determine if the High School would like to recommend a student and then if service clubs would help. Council agreed with this. C-4 Consideration of Board of Supervisors resolution admonishing the Council on Intergovernmental Relations on their conduct of March 15, 1973 regular meeting Mayor Mitchell stated that Council had received a letter from Mr. Ned Rogoway, secretary to the San Luis Obispo County and Cities Area Planning Coordinating Council and a resolution from the Board of Supervisors requesting Council support of a Board of Supervisors resolution criticizing the conduct of the meeting, the method of notification, etc. It was felt that the policy adopted at this meeting was detri- mental to the sparsley populated counties. Councilman Donohoo elaborated further on the Council of Intergovernmental Relations activities. MOTION: Councilman Jennings moved that Council send a Resolution supporting the resolution of the Board of Supervisors admonishing of the Council on IntergovernmentalRelations on their conduct of the meeting of March 15, 1973, regular meeting. The motion was seconded by Councilman Donohoo. Councilman McConaghay felt that the Council should prepare their own resolution as the Board of Supervisor's resolution, states that "many" jurisdictions are not satisfied and it has been obvious to "many" observers"... He felt that a more definite resolution should be adopted so that the Governor and everyone else reading the resolution would know exactly what and who was being discussed. MOTION: Councilman Jennings amended his motion to read that Staff be directed to draw an appropriate resolution in line with the resolution from the Board of Supervisors admonishing the Council on Intergovernmental Relations on the conduct of their March 15, 1973 regular meeting. The amendment was E MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL April 23, 1973 accepted by Councilman Donohoo and unani- mously carried. INDIVIDUAL DETERMINATION AND/OR ACTION DD1 City Council (1) Councilman McConaghay called the attention of the Council to abandoned vehicles on the corner of Main and Bonita. He felt that they were a definite eyesore and the' situation should be looked into. D-2 City Attorney (1) Mr. LeSage reported that the Pipkin petition for rehearing had been denied. He had nothing to report with regard to the American/West Suit. D-3 City Administrator (1) Mr. Warden informed the Council that a cedar tree about four feet.in height had been donated to the City by the Morro Bay Tomorrow • Club and Mr. Stuart had had the tree planted in the City Park. Mr. Warden was directed to write an appropriate letter of thanks to this organization. (2) Mr. Warden stated that.the..next quarterly meeting of the Channel Counties Division of the League of California Cities was being held in Ventura on May 4, 1973. He requested reservations from the Council. Councilmen Donohoo, Jennings Keiser and Mayor Mitchell indicated that they would attend. (3) Mr. Warden stated that he had word from the Harbor Depart- ment that the Coast Guard Local Notice to Mariners had recently published a proposed change in Aids to Navigation with regard to Morro Bay. They intend discontinuance of Morro Bay channel buoys No. 15 and 20. The Harbor Department feels these are very important buoys and that the City should protest their discontinuance. Comments were heard from Joseph Giannini. (4) Mr. Warden stated that he wished the Council to consider some proposed changes in the Guidelines for Environmental Impact Reports recently adopted by Council. He recommended changing them so that the Planning Commission is directly involved with the procedures. The Environmental Impact Report would_ go to the Planning Commission at the same time the applicant applies for a use permit. This would speed up the process somewhat and would also allow the opportunity for the applicant to appeal to the Council if he disagrees with the Planning Commission's decision. If Council feels this is a justified change, he will draw it up for Council consideration at their next meeting. MOTION: Councilman Donohoo moved that Staff be authorized to insert the proper amendments to the EIR Guidelines and bring them back to Council. The motion was seconded by Councilman Jennings and unanimously carried. LJ MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL April 23, 1973 (5) Mr. Warden reported on correspondence from the Division of Highways with regard to Bicycle Lanes. It was noted that Richard Baxter, Planning Commissioner is the authorized rep- resentative to this committee. (6) Mr. Warden stated that he had received a letter from Ned Rogoway, secretary to the San Luis Obispo County and Cities Area Planning Coordinating Council requesting that Council appoint two members from each city to the County Citizens.Transportation Advisor Committee. Councilman Donohoo stated that Mrs. Schwartzenbach would be interested in being on this committee. MOTION: Mayor Mitchell moved that Councilman Keiser and Mrs. Schwartzenbach be appointed to the Citizens' Advisory Committee. The motion was seconded by Councilman Donohoo and unanimously carried. (7) Mr. Warden presented Transfer Voucher No. 2-17-73 to transfer funds from Vehicle Replacement Reserve to the General Fund for a 1973 GMC 3/4 Ton truck for the consideration of Council. MOTION: Councilman Donohoo moved for the authori- zation of Transfer Voucher No. 2-17-73 in the amount of $3,850. The motion was seconded by Councilman Jennings and unani- mously carried. (8) Mr. Warden presented Transfer Voucher No. 2-18-73 to transfer funds for various items including engineering costs for the emergency drainage studies authorized by Council, mandated State required sewage water tests, replacement of mercury seals for the trickling filter at the treatment plant as required by the State, cost of the sanitary plant fire over the insurance coverage, emergency water shortage costs, Whale Rock water and the Water Quality Control Board testing, lands and easements, test wells, Water Supply and Use Study by Carollo Engineers. MOTION: Councilman Donohoo moved for the authorization of Transfer Voucher No. 2-18-73 in the amount of $53,026.44. The motion was seconded by Councilman Jennings and unanimously carried. (9) Mr. Warden stated that he was in receipt of correspondence from the California State Water Project inviting Council members to attend the ceremonies to be held May 17 and 18th. Mr. Warden asked if members of the Council were interested in attending. No Council member felt that he would be able to attend. CORRESPONDENCE 1. Letter from the Mayor of Long Beach in support of SB502, The Federal -Aid Highway Act of 1973 2. Letter from American/West clarifying their position with regard to their proposed development north of Morro Bay High School Ll MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL April'23, 1973 3. Letter from Sandy Munro voicing approval of the proposed Harbor Ordinance and asking that a decision with regard to rates to be charged be deferred until the fishermen return from the current fishing season. 4. Letter from Mr. Blakeley regarding an animal haven. MOTION: Councilman Donohoo moved that the corres- pondence be filed. The motion was seconded by Councilman Jennings and unanimously carried. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting be adjourned to executive session to discuss personnel matters. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting adjourned to executive session at 8:47 p.m. and returned to regular session at 9:37 p.m. Mr. Warden informed the Council that he had today received the resignation of John Mazur from the position of Planning Director effective May 1, 1973. This letter was dated April 13, 1973. There was discussion with.regard to the resignation. MOTION: Councilman Donohoo moved that the resig- nation of John Mazur from the position of Planning Director for the City of Morro Bay be accepted. The motion was seconded by Councilman Jennings and unani- mously carried. . MOTION: ' Councilman Jennings moved that the meeting be adjourned, to Monday April 30, 1973, at 5:30 p.m. in the City Hall Conference Room. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting adjourned at 9:41 p.m.. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis, Deputy City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Tuesday, April 17, 1973, at 7:30 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to study the proposed Harbor Ordinance. DATED: April 13, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California' M. L. WARDEN, City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting April 17, 1973 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, Jennings, Keiser and Mayor Mitchell ABSENT: Councilman McConaghay Mayor Mitchell stated that the meeting had been called to study the proposed Harbor Ordinance. The Council would attempt to decide whether the moorings should be owned and operated by the City or leased to private persons. He asked Mr. Warden to review the proposed ordinance instead of reading it. Mr. Warden briefly commented on all sections of the ordinance and explained why they were included in the ordinance. Councilman McConaghay was present at 7:37 p.m. Mr. Warden stated that because of new information regarding U. S. Corps of Engineers requirements, (1) under (f) of section 9404.2 on page seven should be changed to read "Work extends to areas seaward or lower than the mean high higher water line." Mr. Warden stated that the proposed ordinance was an enabling ordinance and would allow rules and regulations to be established by resolution. He proceeded to review the proposed rules and regulations. There was considerable discussion regarding pumpout stations. A correction was made on page four of the Rules and Regula- tions in number 2 td-read "City Docks - Rental shall be $45.00 per month for any vessel up to fifty feet (50') in:length plus $.50 per foot for each foot over fifty feet (501)." As one of the questions previously asked by Council was what the cost to the City would be should they decide to own and operate moorings, Mr. Warden informed Council of his information in this regard. He stated that based upon 30 moorings the cost of each mooring would be $200.00 for a total of $6,,000.00. One bouy barge would cost approximately $7,000.00 and a yearly inspection fee would be about $600.00 and costs for two additional patrolmen would be approximately $18,000 for a total of $31,600.00. It was noted that only one additional patrolman should be necessary, and that the buoy barge expenditure could be eliminated by con- tracting for haul -out. Mr. Warden stated that if private persons owned and operated the moorings, that it would not appear to be economically feasible unless there was some type of shore -side business in conjunction with the moorings. Mooring fees charged by various ports along the California coast were considered. Mr. Warden stated that in the view.:bf the Harbor Ordinance Committee, the advantages for the City owning and operating the NOTICE OF ADJOURNEDREGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an adjourned regular meeting on Monday, April 30, 1973, at 5:30 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay California, to consider applicants for Parks and Recreation Commissioner. DATED: April 27, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California M. L: WARDEN', City Clerk MINUTES - MORRO Special Meeting Page Two BAY CITY COUNCIL April 17, 1973 moorings were that (1) the City could avoid getting tied up in long term leases, (2) the City could provide direct control over the moorings, (3) the City could rent the facilities at a reasonable cost as there would be no profit motive. An alternative to City ownership and operation would be to lease the entire moorings to a private concern or split the area into zones and lease them out. The advantage of this would be that.the owner could provide support facilities such as water taxis and other amenities and would install and control the moorings at no direct cost to the City. It was noted that the City should retain some moorings for emergency situations since the bay is designated as a harbor of refuge. Councilman McConaghay felt that an opinion should be obtained from the City Attorney as to the City's legal obligation as far as the designation of a harbor of refuge is concerned. Mr. Joseph Giannini was present and expressed his view that the water area should be leased out to the individual with the moorings to be built and installed by the individual in accordance with City specifications and subject to City inspection. Dis- cussion was held relative to this type of operation and establishing a fore and aft mooring which would provide additional safety and could permit more boats to moor than would be possible with a single point mooring. There was discussion about an additional harbor patrolman. Mr. Warden stated that -the City now needs an extra one without the imple- mentation of this ordinance and one would definitely be needed when the ordinance is enacted. It is very difficult to provide 24-hour coverage of the harbor with only two men working. Councilman McConaghay stated that he did not feel that the City should go into the business of owning moorings but that they should definitely control and inspect them; he also did not feel that the City should lease moorings on a long term basis. Mayor Mitchell felt that it would be economically feasible for the City to own and operate the moorings since the purchase of the moorings would be over a period of time, the buoy barge need not be purchased immediately and only one additional harbor patrolman would be required. There was further discussion regarding the duties of a harbor patrolman, one of which is the pumping out of boats. It was felt that a charge for this service to boat owners should be made a part of the ordinance. There was considerable discussion regarding the speed limit in the bay. Mr. Warden stated that.the"State law requires a 5 m.p.h. speed limit which the City is obligated to comply with; however, a person is liable for damage no matter how fast or slow he is going should his wake cause damage to other boats. It was decided that in Section 9402.1,.the_phrase "... closer than 200 feet to any slip or dock ..." should be stricken. Mr. Willard McGonagill was present and made several recommen- dations along with Mr. Giannini and the following changes were made in the proposed ordinance upon Council direction: MINUTES - MORRO BAY CITY COUNCIL Special Meeting April 11, 1973 Page Three 9403.2 Tying UpVessel Every vessel lying at any pier or other mooring facility of the City of Morro Bay shall be fastened thereto "in accordance with good seamanship practices and" in a manner described in the rules and regulations governing such facility. 9404.1 Permit Required'." Structure's in Morro Bay. To the last sentence, add in addition to any other require- ments provided by law." 9406.1 Anchorage and Mooring' Regulations Strike the last sentence "No vessels shall be moored or anchored in any part of any turning basin or channel." 9407.1 Dockage Policy There was considerable discussion regardingthis section as it provides that facilities shall be rented primarily to those vessels of a commercial nature. Mr. Giannini and Mr. McGonagill felt that this was a discrimination against pleasure craft. Mr. Giannini stated that the pleasure boat owners felt that they paid taxes in the City and should be as entitled to a place to dock as the commer- cial fishermen; possibly a ratio system could be worked out whereby the greater percentage of the slips were delegated to the commercial fishermen with a small percentage to the pleasure craft.owners. Mayor Mitchell stated that this is a matter of stating an over- all policy which reflects ".that, the City wants the harbor to be used by commercial fishermen; however, the City Attorney should study the matter to decide if this is a legal policy. It is necessary that the commercial fishermen be assured of a place to dock and this is what the ordinance is trying to accomplish. 9408.2 Speed zone Regulations (a) It was suggested that Staff look into the possible erroneous designation of the size of boats operating in a designated race area. 9402.10 Propulsion Above Water Prohibited No person shall operate any vessel in the waters of Morro Bay which is operated by mechanical air propulsion "or" above the surface of the water. 9402.3 Boat Launching and Hauling There was considerable discussion regarding surfers. It was noted that the only way a surfer has to cross the bay in order to have access to the ideal surfing area inside the jetty on the west side of the peninsula is to paddle their boards across the bay or go as far out near the entrance breakwater as possible and then paddle across. It was decided that the words "... other than ..." would be added to the end of the section and the types of craft allowed under it to be decided by Staff; among which would be surfboards, kayacs, etc. MINUTES - MORRO Special Meeting Page Three BAY CITY COUNCIL April 17, 1973 Further discussion was held relative to the safe areas for the surfers to paddle across the bay or channel. Mr. Giannini was concerned about Article 9 which prohibits the living aboard of vessels and particularly concerned with the section which requires the registration with'the Director of Public Works of persons intending to live aboard their vessels for more than three days. He felt that it should be permissable for persons to live on their boats if they had the proper seweage facilities. Mayor Mitchell disagreed stating that the City wants to avoid Morro Bay Harbor becoming -a -water -borne mobile home bay; also, it is difficult to distinguish between houseboats and vessels, so that the ordinance cannot safely say "no houseboats allowed". There was lengthy discussion with Council maintaining that there should be no live-aboards allowed in Morro Bay Harbor. 9402.2 Boat Races Regattas, Parades Councilman Donohoo stated that the sentence in this section which states "A permit shall be limited to the hours between 8:00 a.m. and sunset." would interfer.with the annual boat parade put on by the -.Chamber of Commerce. He felt that this sentence should be stricken.. Council concurred. Councilman Jennings expressed the opinion that $45.00 per month for boat mooring is too high; he felt that $35.00 would be a more equitable fee. Other Council members felt that $45.00 was a fair monthly fee. Councilman Donohoo leftihe meeting at 10:35 p.m. Councilman Jennings and Mayor Mitchell felt that the City should own and operate moorings and Councilmen Keiser and.McConaghay felt that they should be let out to the individual with the indivi- dual to construct the moorings under the specifications of the City and subject to City inspection. Mayor Mitchell indicated that he possibly would change his mind if he could explore the financial aspects of this proposal before he made a definite determination. Council agreed to make a definite decision at their next regular meeting so that Staff could go to final draft on the drdin- ance in preparation for the first reading. Under Rules and Regulations, two additional changes were made: Number 2 had the phrase "... and maneuvered as directed." stricken and Number 11 had the word "boats" stricken. ADJOURNMENT MOTION: Councilman McConaghay moved that the meeting be adjourned. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned at 10:57 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF PUBLIC HEARING_ NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a pablic hearing on Monday, April 9, 1973, at 7:30 p.m, in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the Environmental Impact Report of Mrs. Shirley E. Rogers for the addition of two motel units for McGurn Motel, 561 Embarcadero, Lease Site - No. 9, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against, or in modification of said Environmental Impact Report. DATED: March 27, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California M. . WARDEN, City Clerk 0 I Added CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING April 9, 1973 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES Minutes of the regular meeting of March 26, 1973 HEARINGS, APPEARANCES AND REPORTS A-1 Report regarding Central,California Communications Corpora- tion's installation of Cable TV equipment A-2 Hearing on Environmental Impact Report of Mrs. Shirley Rogers for improvements on Lease_ Site•NO. 9 A-3 Hearing on vehicle abatement UNFINISHED BUSINESS B-1 Resolution approving grant of Use Permit to Kiwanis Club for Easter Sunrise Services B-2 Request for award of contract for Treatment Plant Trickling Filter modifications B-3 Consideration of revised Environmental Impact Report guidelines NEW BUSINESS C-1 Appeal of Donald P. Opperman from Planning Commission's denial of a Variance - set hearing date C-2 Request of Morro Bay Centennial Players for support in acquiring a surplus Federal building for public use C-3 Request of Registered Properties Management, Inc. to assign leasehold interests in Lease Sites No. 17 and Extension of 17 to Mr. -and Mrs. Kirth C-4 Proposed ordinance amending business license ordinance C-5' Consideration of Economic Opportunity Commission resolution for the recognition of the Community Action Program C-6 Request of County Engineer to negotiate for participation in the Nacimiento Water Supply Program C-7 Review of State Department"of Parks and Recreation regula- tions regarding dogs on beaches, 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 April 9, 1973 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 Dudley Johnson of the United Methodist Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None MINUTES The minutes of the regular meeting of March 26, 1973, were considered by the Council. MOTION: Councilman Donohoo moved that the minutes of the regular meeting of March 26, 1973, be approved as written. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Report regarding Central California Communications Corporation's installation of Cable TV equipment. Mr. Warden explained that a letter had been received on April 3, 1973, from the Central California Communications Corporation stating the Quintana Road extension will be built to accomodate the Leroy Jones and Bay Pines Trailer Park along with the Convalescent Hospital. Mr. Warden also stated he had received a telephone call from the Central California Communications Corporation today and was informed the solid state electronic equipment will be installed by the 17th of this month. A-2 Hearing on Environmental Impact Report of Mrs. Shirley Rogers for improvements on Lease Site No. 9. Mayor Mitchell explained the procedures for the hearing on the Environmental Impact Report of Mrs. Shirley Rogers for the addition of two units to an existing motel located on Lease Site No. 9. He requested Mr. Mazur, Planning Director, to review his evaluation of the Environmental Impact Report presented by Mrs. Rogers. Mr. Mazur reviewed the report at length. He explained the adverse effects of vehicular traffic, patron circulation lines, visual barrier to the bay, and parking problems. Mayor Mitchell declared the hearing open at 8:05 p.m. for public comments. Mrs. Shirley Rogers presented her views and questioned Mr. Mazur concerning his report. She explained that no parking was required for the lease sites, however there are three existing on -site parking spaces now, and by moving an existing sign she will provide for four spaces. Mrs. Rogers commented briefly on her Environmental Impact Report. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 9, 1973 Page Two As there were no comments from the floor either for or against, Mayor Mitchell declared the public hearing closed at 8:15 p.m. A discussion followed. MOTION: Councilman Jennings moved the Council find this Environmental Impact Report sufficient and deny the use. Mayor Mitchell requested to see the lease and asked for a ten minute recess. Councilman Jennings withdrew his motion. The Mayor declared a ten minute recess. RECESS 8:35 p.m. RECONVENED 8:45 p.m. MOTION: Mayor Mitchell moved that the use be denied with the following findings: That after consideration of the Environmental Impact Report, the Council finds that the visual impact and growth inducing impact involved would have too great of an effect upon the environment and that these effects cannot be adequately mitigated; and that as lessor of the property, the Council does not feel this is the type of use they had envisioned for lease premises. The motion was seconded by Councilman Jennings and carried on the following roll call vote: AYES: Councilmen Donahoo, Jennings, Keiser, McConaghay and Mayor Mitchell. NOES: None. A-3 Vehicle Abatement Ordinance. Mayor Mitchell presented the particulars on four vehicles set for vehicle abatement hearing at this time. All four are located on the same property at 1540 Main Street, Morro Bay. The property is owned by Jack W. Ballard of 644 Patricia Drive, San Luis Obispo, who had been notified. He stated the vehicles belonged to a former tenent, Ernest H. Meeker, who now resides in Arizona. Mayor Mitchell opened the hearing to the floor at 8:50 p.m. As there were no presentations, the hearing was closed at 8:52 p.m. MOTION: Councilman Jennings moved the City proceed with the vehicle abatement procedure and have the vehicles removed in the manner provided by the Ordinance. The motion was seconded by Councilman Keiser and unanimously carried. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL April 9, 1973 UNFINISHED BUSINESS B-1 Resolution approving grant of Use Permit to Kiwanis Club for Easter Sunrise Services. Mayor Mitchell stated this Use Permit had been approved at the last regular meeting. MOTION: Councilman Donohoo moved that Resolution No. 28-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 28-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 28-73. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. B-2 Request for award of contract for Treatment Plant Trickling Filter modifications. Mr. Warden explained this was a mandated project in compliance with State and Federal requirements. This would come under the State and Federal grant program, however, he pointed out that the City would not receive'the money until after the job was completed. Therefore, it would be necessary to pay the $12,000.00 and be reimbursed by "the state of $10,309.00 after the work is completed. MOTION: Councilman Donohoo moved that the City Council approve awarding the contract to Conco General Engineering Contractors for $10,309.00 and that the necessary funds be transfered from the reserve until the payment of funds is received. The motion was seconded by Councilman Keiser and unanimously carried. B-3 Consideration of revised Environmental Impact Report guidelines. Mayor Mitchell explained that a very comprehensive set of guidelines were received from the State to be adopted for future environmental impact reports. These are mandated and are presented for review as they must be adopted now. Mr. Mazur presented a review of the guidelines. Mr. Warden pointed out there would be a few minor changes and some revisions from time to time that would have to be brought back for the Council's approval. MOTION: Councilman Donohoo moved the Council adopt the Environmental Impact Guidelines procedures as set forth with minor amendments to be made later. The motion was seconded by Councilman Jennings. Mr. Richard King spoke from the audience requesting this report be made available for public comments and public suggestions as well as staff. • 11 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL April 9, 1973 Mayor Mitchell explained this was available to the public and the motion includes amendments could be made at a later date. The motion was unanimously carried. NEW BUSINESS: C-1 Appeal of Donald P. Opperman from Planning Commission's denial of a Variance - set hearing date. MOTION: Councilman Donohoo moved the date of hearing be set for the regular meeting of May 14, 1973. The motion was seconded by Councilman Jennings and unanimously passed. C-2 Request of Morro Bay Centennial Players for support in acquiring a surplus Federal building for public use. Mayor Mitchell stated since he was a member of the Centennial Players, he could explain that while the building was adequate for their use, it was too large to move, therefore they have had to abandon the idea. The item was dropped from the agenda. C-3 Request of Registered Properties Management, Inc. to assign leashold interests in Lease Sites No. 17 and Extension of 17 to Mr. & Mrs. Kirth. Mayor Mitchell asked if there were to be any changes in the uses of the lease. Mr. Warden replied in the negative. MOTION: Mayor Mitchell moved that the request of Registered Properties Management, Inc. to assign leasehold interests in Lease Sites No. 17 and Extension of 17 to Mr. and Mrs. Kirth be approved. The motion was seconded by Councilman Donohoo. Mr. Willard McGonagill spoke from the audience asking if it would not be prudent to review the conditions of the P. D. Uses that were imposed by a Conditional Use Permit on this site by the Planning Commission which have not been complied with. This includes the extension into the City street which was a separate use and intended to be a Coast Guard Auxillary dock but is now a private boat dock on public property. Other conditions had to do with the new floating dock, the fuel station, the new lease, the bait tanks, the retail outlet on the dock, the provisions for multiple boat and fuel stations and the lessening of the traffic involved, Mr. LeSage recommended postponement of this consideration until staff reviews this lease and P.D. conditions. Mayor Mitchell withdrew his motion and Councilman Donohoo withdrew his second. MOTION: Councilman Jennings moved that staff review the lease and P. D. conditions and report back to the City Council at the next Council meeting. The motion was seconded by Councilman Donohoo and unanimously carried. C-4 Proposed ordinance amending business license ordinance. Mayor Mitchell explained that it is now State Law that municipal business license taxes on coin -operated vending machines be 1] MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL April 9, 1973 based on gross receipts: The proposed tax fee is h of 1% of the gross receipts. If there are no changes or corrections, this ordinance could be read for the first time. MOTION: Councilman Donohoo moved that Ordinance No. 110 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Ordinance No. 110 by title only. MOTION: Councilman Jennings moved this constitute the first reading of Ordinance No. 110. The motion was seconded by Councilman Donohoo and unanimously carried. C-5 Consideration of Economic Opportunity Commission resolution for the recognition of the Community Action Program. Mayor Mitchell stated the Economic Opportunity Commission had submitted a resolution wherein it states, "The present and future direction of policy at the State and Federal level is toward increased, rather than diminished emphasis upon the self-help principles to which the Community Action Program is dedicated." And, "that the Economic Opportunity Commission of San Luis Obispo County, Inc. requests from the Morro Bay City Council their recognition of the continuing need, and endorsement in principle of the Community Action Program." Councilman Keiser commented on the fact that she had been on this commission for three years and they had received no help what- soever. Little by little, all the agencies had dropped out. She agreed in principal with the Economic Opportunity Commission, however it has not worked here and she for one, at this time, would not like to see it con- tinue and would request the Council not to act to have it retained. Mr. Joe Giannini spoke from the audience and concurred with Councilman Keiser's statements. Mayor Mitchell agreed with these comments. MOTION: Councilman Donohoo moved the City Council table this request. The motion was seconded by Councilman Keiser and unanimously carried. C-6 Request of County Engineer to negotiate for participation in the Nacimiento Water Supply Program Mayor Mitchell explained the County Engineer has submitted to the City a schedule of dates during which various actions should be accomplished for the use of Naciemento water and he is suggesting they meet informally with either a committee of the City, or City Staff, to discuss the beginnings of negotiations for water, each governmental agency indicating how much water they would like to have. MOTION: Councilman Jennings moved the City Council authorize a Committee of Staff consisting of Jack Surfluh, Councilman Keiser and Doug Stuart. The motion was seconded by Councilman Keiser and unanimously passed. C-7 Review of State Department of Parks and Recreation regulations regarding dogs on beaches. Mayor Mitchell read a letter from Charles P. Lyden, Area Manager for the State Department of Parks and Beaches, regarding the new revised dog rule applicable to State Parks and Beaches statewide. He noted that dogs are permitted on a leash no longer than 6' on all of the State Beaches within the city of Morro Bay. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL April 9, 1973 INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser announced there would be a meeting on Friday night, April 13, 1973, at 7:30 P.M. in the Community Building at Baywood Park regarding the development and the harbor of the bay. It was her opinion that someone from Morro Bay should attend this meeting. (2) Councilman Keiser also expressed her concern about the traffic problem on the Embarcadero because of the recent fire and pointed out the need for a bridge over Morro Creek. (3) Councilman Donohoo reported on the legislative work going on, two bills which would effect the City. The first was an A.F.L. and C.I.O. sponsored Bill A.B.571 which would change the minimum wage to $2.25 per hour from about $1.60; and would change the work week to 35 hours with double pay overtime for public and private employees. The other bill effects the retirement program and steps it up to $120.00 a week on disability. Also in case of a widow, if she remarries, she will receive a cash settlement equal to two years penalties of $120.00 a week. Councilman Donohoo suggested the council write letters against these two bills, especially A.B.571. (4) Councilman Jennings stated he too was concerned about the traffic flow on the Embarcadero and wondered if it might not be appropriate to get some facts and figures on cost estimates to build a bridge across Morro Creek, even though Council had decided not to do anything until they had a vote of the people as to whether or not they wanted the bridge. Mr. Warden said he would get some figures together with cost estimates. He noted this type of project would qualify for Revenue Sharing money, as well as gas tax and transportation tax money. He stated as this is nearing budget time, it could be included in the 1973-74 budget. D-2 City Attorney Mr. LeSage reported he had been notified of a rehearing in the Pipkin case. The Council has twenty-three days to respond. D-3 City Administrator (1) Mr. Warden reported the City had received their first quarter check for revenue sharing in the amount of thirty thousand plus dollars late this afternoon. (2) Mr. Warden announced he had received notice from the office of Emergency Services dated April 4, 1973, that the emergency period due to the February storm had been extended. The City would only have qualified for about $5,000.00 for damages due to the first storm. But now, with the extension period, the second storm which did the most damage, would qualify and the City could now receive approximately $20,000.00. MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL April 9, 1973 (3) Mr. Warden read a letter from the Chamber of Commerce wherein they were asking the City to participate in installing nine more directional signs throughout the City. He recommended the City not to participate in this project. MOTION: Councilman Jennings moved the City decline to participate in this project. The motion was seconded by Councilman Donohoo. Mr. Giannini spoke from the audience saying he would like to see the City Council refuse to support the placing of any signs anywhere in the City. He was also concerned about the billboard type signs located outside of the City limits. The motion was unanimously carried. (4) Mr. Warden reported the Juvenile Justice Delinquency Prevention Commission is having a conference in San Francisco, May 30, through June 1, 1973. Since the City's Juvenile Office has already participated in this type of program, it was not recommended that anyone attend. (5) Mr. Warden presented the Financial Report dated March 31, 1973, for the Council's consideration. MOTION: Councilman Donohoo moved for the adoption of the Financial Report dated March 31, 1973. The motion was seconded by Councilman Jennings and unanimously carried. (6) Mr. Warden presented the Expenditure Report dated March 16 through 31, 1973, for the Council's consideration. MOTION: Councilman Donohoo moved for the adoption of the Expenditure Report for the period March 16 through 31, 1973. The motion was seconded by Councilman Jennings and unanimously carried. (7) Mr. Warden stated he was concerned with the updating of the City's General Plan. It was his opinion that neither the staff nor the Planning Commission was capable of updating and keeping the General Plan current. The City should have a Conservation Element by June 1, 1973. Accordingly, he recommended to the Council to seek the services of a consultant to obtain the first stage, which would be the Conservation Element, of the General Plan. In addition to this, Mr. Warden suggested the Council hire a qualified consultant firm to take the General Plan in all its elements and continue updating its elements on a phase basis. Mr. Warden explained the data in the present General Plan, which was adopted in 1967, in many respects is erroneous and invalid. A discussion followed. MOTION: Councilman Donohoo moved that staff be authorized to negotiate with a firm to investigate this and to come up with some kind of cost to update the conservation element of the General Plan. The motion was seconded by Councilman Keiser and unanimously carried. L MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL April 9, 1973 (8) Mr. Warden read a letter from Mr. Dan Stack representing "Make America Better Committee" in which he is requesting the City Council to seek coordination between City staff and the "Make America Better Committee" regarding Camp San Luis Obispo land, which has just been announced as being under the control of the State of California, and to "realize a long sought-after regional recreation center." Mr. Dan Stack spoke from the audience requesting a Councilman to attend their meetings. Councilman Jennings stated he would attend. (9) Mr. Warden read a letter from Richard F. Rice regarding the hiring of Cal Poly students in surveying the non -conforming signs within the City. (10) Mr. Warden read a letter from Julian C. Dixon, Assemblyman, Sixty-third District, dated March 27, 1973, introducing Assembly Bill AB 594, and asking for support of this bill. This letter and bill was referred to Councilman Jennings. (11) A resolution from the City of Newport Beach, was read by Mr. Warden, urging the Congress of the United States to adopt year - around daylight savings time. MOTION: Councilman McConaghay moved the correspondence be placed on file. The motion was seconded by Councilman Donohoo and unanimously carried. ADJOURNMENT: MOTION: Mayor Mitchell moved the meeting be adjourned to Executive Session. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned to Executive Session at 10:15 p.m. RECONVENED: Council reconvened to regular session at 11:15 p.m. All members were present. MOTION: Mayor Mitchell moved to approve the attendance of the City Administrator at a convention in Fresno to discuss Federal Revenue Sharing procedures and monies on April 25, 26 & 27, 1973. The motion was seconded by Councilman Keiser and unanimously carried. MOTION: Councilman McConaghay moved to adjourn the meeting to the special meeting of April 17, 1973. The motion was seconded by Councilman Keiser and unanimously carried. The meeting adjourned at 11:17 p.m. Recorded by: M. L. WARDEN, City Clerk By: Nel ie C. Cecil, Secretary • 17 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING March 26, 1973 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 March 12, 1973 2. Minutes of the executive meeting of March 12, 1973 HEARINGS, APPEARANCESAND REPORTS None UNFINISHED BUSINESS B-1 Resolution approving grant of Use Permit to Morro Bay Fire Fighters for circus B-2 Planning Commission recommendations for uses on Lease Sites No. 74 and 74W B-3 Consideration of Environmental Impact Report of Mrs. Shirley Rogers-, for improvements on Lease Site No. 9 - set hearing date B-4 Consideration of proposed Harbor Ordinance B-5 Resolution of intention to purchase tax deeded property and agreement to purchase NEW BUSINESS C-1 Appeal of Pacific Gas and Electric Company from Planning Commission denial of Use Permit - set hearing date C-2 Request of Kiwanis Club for use of City property to conduct Easter Sunrise Services C-3 Request of citizens to landscape plot of ground on waterfront C-4 Sierra Club recommendation to defer all new construction in Morro Bay C-5 Letter from Board of Supervisors regarding Veterans' Memorial Building ownership by the City of Morro Bay C-6 Resolution authorizing execution of crime control joint powers agreement 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 March 26, 1973 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'D'onohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None MINUTES The minutes of the regular and executive meetings of March 12, 1973, were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman Jennings and unani- mously carried. HEARINGS, APPEARANCES AND REPORTS None UNFINISHED BUSINESS B-1 RESOLUTION NO. 25-73. Resolution approving grant of Use Permit to Morro Bay Fire Fighters - Mayor Mitchell stated that the Council had approved this request at a previous meeting for the Fire Fighters to conduct a circus on May 12 and 13, 1973. The resolution would formalize this approval. MOTION: Councilman McConaghay'moved that Resolution No. 25-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 25-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 25-73. The motion was seconded by Councilman Donohoo and unani- mously carried by roll call vote. B-2 Planning Commission recommendations for uses on Lease Sites No. 74 and 74W Mayor Mitchell stated that Council had previously approved the use on this site as "new and used yacht brokerage, boat maintenance / and repair services"; and referred the matter to the Planning i MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL March 26, 1973 Commission for approval. Since then, the lessee has made a request for uses to include display of boats on premises, conversion to boatel of present residence for a limited period of time, and sub- leasing a portion of the store building frontage for a gift shop. The Planning Commission has approved these additional requests with the recommendation that Council set a time limit for the use of a boatel and gift shop. Mr. Warden stated that a boatel is the same as a motel, but is used primarily for boat traffic. The lessee feels that he needs this use in order to amortize his initial investments in the lease site. Mr. Warden said that if Councii approved these uses in concept, he would negotiate with the lessee for a specified time period for the boatel and for the use of a gift shop. MOTION: Councilman Jennings moved that Council approve the uses as recommended by the Planning Commission and instruct Staff to enter into negotiations with the lessee to provide -a limited time for the use of boatel and gift shop. The motion was seconded by Councilman Keiser. Mayor Mitchell and Councilman Jennings wanted to affirm their opposition to the use of motel or residences on the Embarcadero as a permanent use. The motion was unanimously carried. B-3 Consideration of Environmental Impact Report of Mrs. Shirley Rogers for improvements on Lease Site No. 9 - set hearing date. Mr. Warden stated that the above mentioned improvements, which is the addition of two motel units on the lease site, had been approved by the Planning Commission. Subsequent to that approval, the Planning Director had decided that this project would cause a significant effect on the environment and had requested the appli- cant to provide an Environmental Impact Report for Council's con- sideration. It would be in order for Council to set April 9, 1973, as the hearing date for this project. MOTION: Councilman Donohoo moved that Council set April 9, 1973, as the hearing date for the consideration of the Environmental Impact Report of Mrs. Shirley Rogers. The motion was seconded by Councilman Jennings. Councilman Jennings again stated his opposition to motels on the Embarcadero. The motion was unanimously carried. B=4 Consideration of proposed Harbor Ordinance Mayor Mitchell stated that Council was in receipt of a proposed Harbor Ordinance compiled by the Harbor Committee. The Committee had been unable to come to a decision on one aspect of the ordinance and was requesting a policy determination by Council on this matter. 0 rI MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL March 26, 1973 They could not decide whether the moorings with privately owned and whether all mooring zones should or to several private operators. City should own and operate operated moorings prohibited, or be leased to a private operator Council members reviewed the memorandum from the City Admin- istrator which explained the two proposals. Mr. Warden stated that he would like a policy statement with regard to these. proposals and would come back to Council with the ordinance for a first reading at the next Council meeting. Councilman Donohoo felt that the mooring zones should be leased out on a bid basis, and Mayor Mitchell felt that the City should operate the moorings. Comments were heard from Mr. Giannini who felt that the City should let the fishermen own and operate their own moorings with supervision and inspection by the City. MOTION: Councilman Jennings moved that this pro- posed ordinance be brought back to the City Council on April 9th and included in the ordinance be the provision that the City own and operate moorings with privately owned and operated moorings prohibited. The motion died for lack of a second. There was further discussion of the proposed ordinance. Council- man Jennings stated that the City had been working on this matter for four years and it was time to make a decision and have a working Harbor Ordinance in the City. Councilman McConaghay stated that he was unable to make a decision because the material before him did not provide him with enough information to make one. He requested information as to how much it would cost the City to own and operate their own moorings. Mr. Warden stated that he was not prepared to answer at this time, however, among the expenses would be the addition of at least one harbor patrolman, no matter which way the Council decided in the above matter, because of the provisions for inspection of the moorings. If. the City decided to operate the moorings, it would mean additional personnel. There was discussion related to scheduling a study session to study the various aspects of the ordinance and the costs involved. MOTION: Councilman Donohoo moved that Council set a study session to study the proposed harbor ordinance for Tuesday, April 17, 1973, at 7:30 p.m. in the City Hall Conference Room. The motion was seconded by Councilman Keiser. Further discussion ensued. Comments were heard from Joseph Giannini and Norman Boudreau. The motion was unanimously carried. 0 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL March 26, 1973 B-5 RESOLUTION NO. 26-73. Resolution of intention to purchase tax deeded property and agreement to purchase Mr. Warden informed the Council that the tax delinquent proper- ties, that they had agreed to,purchase at a previous meeting, had since been redeemed by the property owners; and there is only one parcel left. This parcel is in the area of the Sewage Treatment Plant and almost surrounded by City owned property. The minimum bid on this property is $200.00 plus additional charges of $1.50 for filing fee and any advertising costs which might have been in- curred by the State. He requested Council determination in this matter. MOTION: Councilman Keiser moved that Staff be authorized to proceed with the acquisition of this property and that the Mayor and City Clerk be authorized to execute the necessary documents for the purchase. The motion was seconded by Councilman Donohoo and unanimously carried. It was noted that the sentence in the resolution stating "to assure Open Space" would be changed to "To assure Open Space and area.'for possible sanitary plant expansion". MOTION: Councilman Donohoo moved that Resolution No. 26-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 26-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 26-73. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. NEW BUSINESS C-1 Appeal of Pacific Gas and Electric Company from Planning Commission denial of Use Permit - set hearing date Mr. Warden stated that he had been asked to have the hearing date set for the latter part of April. MOTION: Councilman Donohoo moved that the hearing date for the appeal of Pacific Gas and Electric Company be set for April 23, 1973. The motion was seconded by Councilman Jennings and unanimously carried. C-2 Request of Kiwanis Club for use of City property to conduct Easter Sunrise Services Mayor Mitchell stated that this is a yearly activity of the Kiwanis Club and it is in order to approve the request so that the necessary documents can be prepared for this activity. MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL March 26, .1973 MOTION: Councilman Jennings moved that approval be given to the request of the Kiwanis Club for use of City property to conduct Easter Sunrise Services. The motion was seconded by Councilman McConaghay and unanimously carried. C-3 Request of citizens to landscape plot of ground on waterfront in Morro Bay Mayor Mitchell stated that this request had been received from private individuals but through the Morro Bay-Cayucos Garden Club. MOTION: Councilman Jennings moved that approval be given to the Garden Club for the land- scaping of the area requested on the water- front. The motion was seconded by Council- man Keiser and unanimously carried. C-4 Sierra Club recommendation to defer all new construction in Morro Bay Council members reviewed the letter from the Sierra Club. There was discussion about Mr. Holmberg's presentation to the Planning Commission. Mayor Mitchell could not determine, from the letter, what areas the Sierra Club was referring to. Mr. Warden stated that he does not know if they are referring to a proposed moratorium or an actual one; also, he does not know the status of the study alluded to in the letter. His last information in this regard was that funding is not yet available for this study. MOTION: Councilman Jennings moved that this matter be tabled until other information with regard to the moratorium can be obtained. The motion was seconded by Councilman Donchoo. There was further discussion on this matter. Councilman Jennings indicated that he would prefer the Department of the Interior to work with City officials rather than other medias with regard to the Harbor. Mrs. Katherine Walling made a comment about the letter. Mayor Mitchell stated that he would like to know the objectives of the proposed study and the time frame. Mr. Warden, stated that he would look into the matter and report back to Council. The motion was unanimously carried C-5 Letter from Board of Supervisors regarding Veterans' Memorial Building ownership by the City of Morro Bay Mayor Mitchell stated that the Council was in receipt of a letter from the Board of Supervisors in which they offered the Veterans' Building to the City of Morro Bay for $1.00. It was noted that the 1969-70 maintenance costs were $10,782.00 with a revenue of $2,730.00. ' Mayor Mitchell felt that the City should study the matter for possible uses and operation of it: 41 MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL March 26, 1973 MOTION: Mayor Mitchell moved that this matter be referred to a committee consisting of Councilman Keiser and himself for study and recommendations back to Council. The motion was seconded by Councilman Jennings and unanimously carried. C-6 RESOLUTION NO. 27-73. Resolution authorizing execution of crime control joint powers agreement Mayor Mitchell stated that .this agreement was for the purpose of giving legal status to the Central Coast Regional Criminal Justice Planning Board, which is the agency for the two counties and the incorporated cities within those counties for processing grants under the Omnibus Crime Control Act. MOTION: Councilman Jennings moved that Resolution No. 27-73 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Warden read Resolution No. 27-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 27-73. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION D_1 City Council (1) Councilman Keiser requested information on the TOPICS Study. Mr. Warden told her that it was in the process of being completed and he hoped to have copies of it for the Council within the next few weeks. D-2 City Attorney (1) Mr. LeSage reported that the case involving the property North of the High School was submitted to the judge in Santa Maria last Friday and that the matter is now before the court. (2) Mr. LeSage reported on a decision in the case of May E. Pipkin vs. the State of California. The decision is favorable to the City and should conclude this litigation unless Mrs. Pipkin appeals to the Supreme Court which must be done within sixty days. D-3 City Administrator (1) Mr. Warden informed the Council that a City employee, Darrel Richards, Chief Disposal Plant Operator, has been selected by the State Water Resources Control Board as one of ten persons throughout California to attend a five-day special instructor's seminar in Sacramento. This i$ sponsored by the State and all expenses are paid by the State. Mr. Warden stated that this is an excellent opportunity for Mr. Richards and that Mr. Richards is to MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL March 26, 1973 be commended for his efforts in his field. MOTION: Mayor Mitchell moved that the City Admin- istrator be instructed to send a letter of congratulation to Mr. Richards for his accomplishment. The motion was seconded by Councilman Jennings and unanimously carried. (2) Mr. Warden stated that he had received information that a bar-be-que pit installed at Keiser Park, similar to those at the Veterans' Memorial Building, would cost somewhere in the vicinity of $1676.00. He brought this to Council's attention so that civic organizations could perhaps contribute for this equip- ment or it could be implemented in the budget presently being pre- pared. (3) With regard to the replacing of.the Coleman Park fence, Mr. Warden informed the Council that it would cost app- roximately $2600.00 to install a six foot high redwood, board and bat fence and approximately $4200.00 for an exterior plywood type fence. MOTION: Councilman Jennings moved that Council authorize replacement of the Coleman Park fence with a redwood, board and bat fence at $2600.00 and that the.funds come from unbudgeted reserve. The motion was seconded by Councilman Keiser and failed on the following roll call vote: AYES: Councilmen Keiser and Jennings NOES: Councilmen Donohoo, McConaghay and Mayor Mitchell Mayor Mitchell felt that Council should not authorize such an expenditure, since fence of the type recently destroyed by people using it for fire wood, would probably be subject to the same treatment and result in a loss of cities monies. It should be a type of fence that would be permanent. Mrs. Walling suggested that a drift fence, consisting of a hedge and snow -drift fencing would probably help solve the problem. Doug Stuart stated that in order for the City to be able to maintain and control the sand, it is necessary that they have access to the fence so that the equipment could get next to it, and a hedge fence would prohibit this. He had not looked into a block type fence, which would be permanent, since this would be an expenditure in the area of seven or eight thousand dollars, but this could be done if Council so wished. Councilman Jennings wished to propose his motion again since he felt that it was necessary to maintain the park and it was time the City do so. Mayor Mitchell stated that the motion had been made and acted on and it would not be in order for Councilman Jennings to resubmit it. Mr. LeSage concurred. C] MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL March 26, 1973 There was further discussion and Staff was requested to make recommendations for the replacement of the fence with a permanent type structure at budget time. (4) Mr. Warden stated that the Mayors, and Councilmen's Leg- islative Conference would be held in Sacramento May 14- 16, 1973, "by the League of California Cities. He asked if any of the Council members planned on attending and Councilman Keiser stated that she wished to attend. (5) Mr. Warden presented Transfer Voucher No. 2-3-13 in the amount of $1737.00 for the consideration of the Council. Mr. Warden stated that this was part of the self-sustaining fund from the Recreation Department and would be used for their end of the year expenses which include hiring summer help. MOTION: Councilman Jennings moved that Transfer Voucher No. 2-3-13 be authorized. The motion was seconded by Councilman Keiser and unanimously carried. (6) Mr. Warden presented Transfer Voucher No. 2-3-15 in the amount of $1920.00 for the consideration of the Council. He stated that this was for emergency repair of a manhole at the intersection of Main Street and Atascadero Road. MOTION: Councilman Donohoo moved that Transfer Voucher No. 2-3-15 be authorized. The motion was seconded by Councilman Keiser and unanimously carried. (7) Mr. Warden presented the Expenditure Report for the period March 1 through 15, 1973 for the consideration of the Council. Councilman Jennings wished to call the Council's attention to the amount of money spent by the City for repairs resulting from the flooding. Mr. Warden stated that the City would not be reimbursed totally for these expenditures. MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period March 1 through 15, 1973. The motion was seconded by Mayor Mitchell and unanimously carried. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting adjourned at 9:05 P.M. Recorded by: By: M. L. WARDEN, City Clerk Ardith Davis, Deputy City Clerk 9 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, March 12, 1973, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the 'vacation of portions of Nutmeg Avenue and Cuesta Streets as shown on Exhibit "A" pursuant to the Street Vacation Act of 1941; at which said hearing any person interested may appear and express his views for, against, or in modification of the proposed street vacation. DATED: February 22, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California M. L. WARDEN, City Clerk 0 � h s l .. ke J � - ...... '.. -- EXHIBIT "A" is • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, March 12, 1973, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the appeal of Dorothy Cutter from Planning Commission action of January 15, 1973, regarding Orval Leage's marina; at which said hearing any person interested may appear and express his views for, against or in -modification of said appeal. DATED: February 22, 1973 DALE,C. MITCHELL, Mayor City of Morro Bay, California M. L. RDEN, City Clerk V I CITY OF MORRO BAY AGENDA = CITY COUNCIL MEETING March 12, 1973 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 February 26, 1973 2. Minutes of the executive meeting of February 26, 1973 HEARINGS, APPEARANCES AND REPORTS A-1 Report of Staff on Wastewater Reclamation Project A-2 Hearing on abandonment of portionsof Nutmeg Avenue and Cuesta Street A-3 Appeal of Dorothy Cutter from Planning Commission action of January 15, 1973, of Orval Leage's marina UNFINISHED BUSINESS B-1 Resolution approving assignment of Lease Sites No. 74 and 74W from Mary G. Murray to John and Gisela Kirth NEW BUSINESS C-1 Request of Morro Bay Fire Fighters for use of City property to conduct a circus C-2 Planning Commission recommendation for approval of proposed dock plans, Lease Site';No. 128W - Moores C-3 Planning Commission recommendation for approval of proposed addition - Lease Site No. 9 C-4 Resolution authorizing City Administrator to apply for surplus federal properties C-5 Request of City of Pismo Beach regarding recreational vehicle space tax 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 March 12, 1973 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 Wood, City Chaplain,gave the invoca- tion. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser and Mayor Mitchell ABSENT: Councilman McConaghay Mayor Mitchell stated that he had a presentation he wished to make before the Council continued with the agenda. He wished to present Ned A. Rogoway with a Certificate of Appreciation for his dedicated services to the City of Morro Bay throughout the past fifteen years. Mayor Mitchell expressed his admiration for Mx. Rogoway and appreciation for lending his expertise in the develop- ment of Morro Bay. Mr. Rogoway was very pleased with the presentation and informed Council members of his pleasure in serving the City in the past. MINUTES The minutes of the regular and executive meeting of February 26, 1973, were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved as written. The motion was seconded by Councilman Jennings and unani- mously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Report of Staff on Wastewater Reclamation Project Mr. Warden stated that he had been in contact with the various ranchers in the area regarding the possible use of reclaimed water. They had all indicated that they were interested in the use of this water. However, it is conceivable that during the rainy winter months, not all of the reclaimed water could be used: so, it is necessary to find other properties in which to dispose of the excess. Mr. Warden informed Council members that he had been in corres- pondence with various agencies in an attempt to secure properties which may be offered at Camp San Luis Obispo. This property would be used to dispose of the excess reclamated water. He stated that if the City's application for these properties is not accepted, it is possible that the City could,,in conjunction with the acquiring agency of these lands, use the reclaimed water for irrigation of the area. He also had talked with Cal Poly in San Luis Obispo and they E lJ MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL March 12, 1973 have indicated that they would be interested in the use of the water to irrigate their farmlands as well. The City's interest is to acquire a disposal site for excess reclaimed water. The Council will, later in the agenda, be asked to pass a resolution authorizing Mr. Warden to make an application for these lands. A-2 RESOLUTION NO. 22-73. Resolution and order abandoning portions of Nutmeg Avenue and Cuesta Street Mayor Mitchell stated that this matter had been considered previously by the Council and was scheduled this evening for public hearing. MOTION: Councilman Donohoo moved that Resolution No. 22-73 be read by title only. The motion was seconded by Councilman Jennings. Mayor Mitchell stated that it was in order to hold a hearing before consideration of the resolution. Councilman Donohoo withdrew his motion and Councilman Jennings his second. Mayor Mitchell opened the hearing at 7:45 p.m. and called for public comment regarding this abandonment. Mrs. Bea Clark, representing one of the property owners in the area, spoke in favor of the abandonment. As there were no other presentations, the hearing was closed at 7:44 p.m. MOTION: Councilman Donohoo moved that Resolution No. 22-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden stated that the resolution provided that plans must be submitted to the City Engineer for approval before any building is done on properties adjacent to the abandonment. These plans must indicate that the method of construction assures the stability of the fill slope. Mr. Warden read Resolution No. 22-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 22-73. The motion was seconded by Councilman Keiser and unani- mously carried by roll call vote. A-3 Appeal of Dorothy Cutter from Planning Commission action of January 15, 1973, of Orval Leage's Marina Mayor Mitchell stated that the action of the Planning Commission on January 15, 1973, consisted of a recommendation to the Council MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL March 12, 1973 that a use permit be granted for this use and .recommended approval of the Environmental Impact Report that was developed for the pro- ject. He called on Mr. Rogoway to present the matter to the Council. Mr. Rogoway stated that Mrs. Cutter's appeal dealt with four points and he would address himself to these four points only. These were: (1) there was no general plan of the project shown at the time of the Planning Commission's consideration, and the plans shown did not meet with zoning ordinance requirements; (2) that public notice was not given in sufficient time for a hearing; (3) that the process was a violation of due process and that lack of public notice did not allow for public comment as provided by law; and (4) that federal law requires that the Corps of Engineers submit a project to the Department of Fish and Wildlife for comment. Mr. Rogoway summarized the history of this project which began in March of 1972, when the City Council granted Mr. Leage a water lease in front of his property for the purpose of a marina. This grant was conditioned upon the approval of the Marina by agencies to do so. Since then Mr. Leage has been through several continued hearings with the Planning Commission which ended with their most recent action of January 15, 1973. The City Council had considered the Environmental Impact Report after proper public notification that the Environmental Impact Report was on file for public comment and that the date for hearing had been properly set for February 13, 1973, at which time Council moved that the Enviromental Impact Report concerning this project was sufficient. In answer to the contents of the appeal, Mr. Rogoway stated that the notice that the Environmental Impact Report was on file for public review and comment was published on February 1, 1973, along with the notice that the Council would hear the matter on February 13, 1973. This provided the prescribed amount of time to pass according to law and City guidelines. He noted that during this time, a moratorium was invoked by the State of California with regard to submission of Environmental Impact Reports, but that the City Council had decided to require Environmental Impact Reports in accordance with City adopted guidelines. He called the Council's attention to the number of comments they received at the time of the hearing of the Environmental Impact Report. Mr. Rogoway stated that according to federal guidelines, other agencies are to be notified of a project of this nature, but it allows the Corps of Engineers to make a judgement as to whether such referrals are necessary. The Corps of Engineers did transmit a letter to the City of Morro Bay acknowledging the receipt of the application and indicating that the plans had been reviewed and were acceptable providing that no modifications to the plans were made. Mr. LeSage was asked`�to comment as to what the Council must consider this evening with regard to the appeal. He felt that it was in order for the for the Council to hear testimony concerning the entire use permit. Mr. Mazur, Planning Director, listed the conditions approved by Council to be a part of the Environmental Impact Report for this 0 6 MINUTES - MORRO Regular Meeting Page Four project. BAY CITY COUNCIL March 12, 1973 Mrs. Cutter requested that the Council adjourn the appeal until all members of the Council could be present to consider it. Mayor Mitchell stated that Councilman McConaghay was absent because his wife is illl, however, there is a quorum present and the City bus- iness could proceed. Further discussions were held relative to the action before the Council. Comments were heard from a Mr. King who wanted to know if the Planning Commission had granted a conditional use permit on the private land and water area or land only. Mr. LeSage stated that the Planning Commission has granted a conditional use permit for land facilities and made a recommendation to the Council that they approve the entire project (Environmental Impact Report). RECESS 8:39 p.m. RECONVENED 8:49 p.m. Mayor Mitchell opened the public hearing at 8:49 p.m. and called for comments regarding this appeal. Mrs. Cutter, the appellant read her appeal to the Council and gave her view of the history of the development of Mr. Leage's property. She then cited her objections to the Planning Commission's action which included the items listed above by Mr. Rogoway. She asked Mr. Rogoway questions with regard to compliance with the zoning ordinance. Mr. Rogoway detailed the areas of compliance with the zoning ordinance. Mayor Mitchell wanted to know what law was referred to when stating that the project must be sent to the Department of Fish and Wildlife. Mrs. Cutter could not quote a law, but stated that it is their "normal procedure". Those speaking in support of the appeal were Robert Dunn, Richard Rice, Robert King and Katherine Walling. Comments were also heard from Jerry Wallace. There was discussion with regard to the Corps of Engineers action concerning the project. It was felt by some members of the audience that the plans had been changed since the Corps of Engineers had approved them. Mrs. Cutter had talked to Col. Roper of the Corps of Engineers and he had told her that there had been a change and.that the plans must be reviewed again by the Corps. Mr. Warden informed the Council of his conversation with Mr. Roper which it was made very clear that, in speaking of the project, they were referring to the same plans which had been forwarded to the Corps of Engineers by the Director of Public Works. Mr. Warden stated that if the plans had been changed, they would have to be resubmitted to the Corps, otherwise the developers would have to construct their docks in accordance with the plans approved by the Corps. Planning Commissioner Greenelsh informed Council members that the Planning Commission had considered the project as a whole in their approval. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 19, 1973 Page Five Further comments were heard from the audience and discussion continued. RECESS 9:55 p.m. RECONVENED 10:09 P.M. Other people speaking in support of the appeal were Nancy Dunn, Don Molesworth, and Mr. King. Mayor Mitchell then called for presentations against the appeal. A young man, Mr. Mock of the 6th grade, was present to learn about City government and stated that he felt if this is a good project for the City, it should be allowed, and if it is not, it should not be allowed. Bob Garing, representing Mr. Orval Leage, stated that the map presented to the City Council tonight conforms with Corps of Engineers approval. The proposed marina is located in an area where the General Plan approves marinas and the piers do not extend as far into the bay as provided by the Harbor Plan. There was discussion regarding the provisions of the General Plan. Others speaking against the appeal were Sandy Munro, Roy Jonasson, Mr. Northrup and Wayne Smith. Rebuttal comments were heard from Dorothy Cutter, Mr. and Mrs. Dunn. Mrs. Bailey also commented on the project. Mayor Mitchell closed the public hearing at 11:05 p.m. and turned the matter over to Council members for discussion. Mayor Mitchell asked if there had been any consideration of making the piers shorter. The Harbor Plan indicated that a marina of forty boats or less is not economically feasible, however, Mayor Mitchell felt he could not vote for this project without being convinced that it is necessary to extend the piers as far into the bay as presently proposed. MOTION: Councilman Jennings moved that Council deny the appeal and again approve the Environmental Impact Report with the conditions included as read by the Plann- ing Director; that the architectural and landscaping plans be returned to the Planning Commission for approval; and also that the Council grant the condi- tional use permit to build shore facilities for a marina in a PD Zone at 235 Marina Street; and that the Council instruct Staff to prepare the lease agreement for the marina at the lease site as proposed. The motion was seconded by Councilman Keiser. There was considerable discussion relative to the Council's jurisdiction as far as granting a use permit is concerned. Upon recommendation of the City Attorney, Councilman Jennings amended his motion as follows: MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 12, 1973 Page Six MOTION: That the City Council deny the appeal and again approve the Environmental Impact Report with the conditions included as read by the Planning Director; that archi- tectural and landscaping plans be submitted to the Planning Commission for approval; that it is the Council's understanding that the Planning Commission's intent was to grant a conditional use permit for building shore facilities and a marina in a PD Zone at 235 Main Street and that Council concurs with the recommendation of the Planning Commission; and that the Council instruct Staff to prepare the'lease agreement for the marina at the lease site as proposed. The amendment was accepted by Councilman Keiser and carried on the following roll call vote: AYES: Councilmen Donohoo, Jennings and Keiser NOES: Mayor Mitchell ABSENT: Councilman McConaghay RECESS 11:25 p.m. RECONVENED 11:35 p.m. Mrs. Cutter asked if her appeal could become part of Mr. Leage's Environmental Impact Report and it was decided that the Environmental Impact Report has been approved and is complete, so that it would not be in order for.her appeal to be included. There was discussion as to whether to include in the lease the number of boats to be permitted and it was noted that the number of mooring spaces was determined by the Conditional Use Permit. UNFINISHED BUSINESS B`1 RESOLUTION NO. 23-73. Resolution approving assignment of Lease Sites No. 74 and 74W from Mary G. Murray to John and Gisela Kirth Mayor Mitchell stated that this item was considered and approved at a previous meeting of the Council and the resolution formalized that approval. MOTION: Councilman Donohoo moved that Resolution No. 23-73 by read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 23-73 by title only. MOTION: Councilman Jennings moved that Resolution No. 23-73 be adopted. The motion was seconded by Councilman Donohoo and unani- mously carried by roll call vote. MINUTES - MORRO Regular Meeting Page Seven NEW BUSINESS BAY CITY COUNCIL March 12, 1973 C-1 Request of Morro Bay Fire Fighters for use of City property to conduct a circus Mayor Mitchell stated that this request had been allowed last year and it is in order for the Council to grant this approval for use of City property. MOTION: Councilman Donohoo moved that the request of the Morro Bay Fire Fighters for use of City property to conduct a circus be granted. The motion was seconded by Councilman Jennings and unanimously carried. C-2 Planning Commission recommendation for approval of proposed dock plans, Lease Site No. 128W - Moores Mr. Warden informed the Council that the Planning Commission had approved the plan for docks at Lease Site< No. 128W and that it was in order for the Council to approve these plans in accordance with the basic lease, direct that they be forwarded to the Corps of Engineers for approval and request that an Environmental Impact Report be submitted for review. MOTION: Councilman Donohoo moved that Council approve the proposed dock plans for Lease Site No. 128W in accordance with Planning Commission motion of February 20, 1973 and direct that this approval and the plans be forwarded to the Corps of Engineers for approval; also that an Environmental Impact Report be required for this project. The motion was seconded by Councilman Jennings and unanimously carried. C-3 Planning Commission recommendation for approval of proposed addition - Lease Site No. 9 Mr. Warden stated that the Planning Commission had determined that the addition of two motel units for McGurn Motel on this lease site is a suitable use, however, the Planning Director has determined that the project will possibly cause a significant impact on the environment and the applicant is directed to file an Environmental Impact Report for review. It was noted that it would be premature for the Council to approve this project before review of the Environmental Impact Report. MOTION: Councilman Jennings moved that this matter be referred to the Planning Department for preparation of an Environmental Impact Report before Council considers the recommendation of the Planning Commission. The motion was seconded by Councilman Donohoo and unanimously carried. C-4 RESOLUTION NO. 24-73. Resolution authorizing the City Adminis- trator to apply for surplus federal properties MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL March 12, 1973 Mayor Mitchell stated that this is the resolution referred to earlier which authorizes the City Administrator to apply for approxi- mately 1200 acres of surplus land at Camp San Luis Obispo for the purpose of a ponding and percolation site for the wastewater reclama- tion system the City is developing. MOTION: Councilman Jennings moved that Resolution No. 24-73 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Resolution No. 24-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 24-73. The motion was seconded by Councilman Donohoo and unani- mously carried by roll call vote. C-5 Request of City of Pismo Beach regarding recreational vehicle space tax Mayor Mitchell stated that Council was in receipt of a letter from the City of Pismo Beach in which they include a letter directed to Senator Grunsky requesting introduction of legislation to apply the transient occupancy tax to the rental of spaces in recreational vehicle parks. They requested the support of the City of Morro Bay in this matter. MOTION: Councilman Donohoo moved that the Council go on record endorsing this proposal and direct that Staff write a letter to this effect. The motion was seconded by Mayor Mitchell and carried by voice vote with Councilman Jennings voting no. INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council (1) Councilman Keiser referred Council to the Legislative 'Bulletin dated February 7, 1973 which deals with legisla- tion being introduced concerning a State lottery. She felt that this is a good project as a means to acquire additional revenue and suggested that Council members study the matter and perhaps consider supporting it. (2) Councilman Donohoo stated that he had been the Council member charged.with the duty of advising the Council as to legislation affecting cities. He had performed this task for several years and requested that he be relieved of this duty. He then proposed the following motion: MOTION: That Councilman Jennings be designated as the City Council's legislative information representative. The motion was seconded by Mayor Mitchell and unanimously carried. MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL March 12, 1973 (3) Councilman Jennings stated that he would present the rough draft of the Harbor Ordinance for Council considera- tion at their next meeting. (4) Councilman Jennings stated that he is still working on getting Cable TV extensions in the Bay Pines Trailer Park area, but the work had not yet started. D-2 City Attorney (1) Mr. LeSage had nothing to report at this time. D-3 City Administrator (1) Mr. Warden stated that the City has a vacancy in the Sanitary Division of the Public Works Department and requested Council permission to advertise for the replacement of this vacancy. MOTION: Councilman Jennings moved that Staff be authorized to fill this vacancy. The motion was seconded by Mayor Mitchell. There was discussion relative to the necessity of the City Administrator obtaining permission from. Council to fill vacancies of this nature. It was decided that the City Administrator could fill these vacancies without first obtaining Council approval. Councilman Jennings withdrew his motion and Mayor Mitchell his second. (2) Mr. Warden reported on the recent meeting of the Parking Committee where they requested . the Council support of the enforcement of the limited -time parking restrictions in the downtown and Embarcadero areas. He stated that the Public Works Department and Police Department are working on recommendations for additional parking restrictions and there had also been some discussion regarding additional man -power for the enforcement of the law. He would bring this matter to Council when recommendations were made. (3) Mr. Warden stated that he was in receipt of a letter from Buzz Kidwell of the Board of Supervisors regarding food stamps. Mr. Kidwell had informed him that it is possible that the food stamp program may be discontinued. In view of this and the fact that food stamp recipients can have the warrants mailed to them, it was recommended that the City postpone making these avail- able at City Hall at this time. (4) Mr. Warden presented the Expenditure Report for the period February 16 through 28, 1973, for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period February 16 through 28, 1973. The motion was seconded by Councilman Jennings and unanimously carried. MINUTES - MORRO Regular Meeting Page Ten BAY CITY COUNCIL March 12, 1973 (5) Mr. Warden presented the Financial Report for the period July 1, 1972 through February 28, 1973, for the considera- tion of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Report for the period July 1, 1972 through February 28, 1973. The motion was seconded by Councilman Jennings and unanimously carried. (6) Mr. Warden requested that Council adjourn to executive session to discuss personnel matters at the end of the meeting. CORRESPONDENCE 1. Letter from the Division of Highways informing the City that the transfer of TOPICS funds from the City of Morro Bay to the City of Arroyo Grande had been effected. MOTION: Councilman Jennings moved that the corres- pondence be filed. The motion was seconded by Councilman Keiser and unanimously carried. ADJOURNMENT MOTION: Councilman Jennings moved that Council adjourn to executive session. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting was adjourned to executive session at 12:10 a.m. and returned to regular session at 12:18 a.m. Council members discussed Cable TV actions with regard to the installation of a Cable system at Bay Pines Trailer Park',. Leroy Jones Trailer Park, and the convalescent hospital. Council was unhappy with the lack of response on the part of Cable TV and dir- ected Staff to write a letter to request the status on this project. MOTION: Councilman Donohoo moved that the meeting be adjourned. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting adjourned.at 12:20 a.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis, Deputy City Clerk NOTICEOF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, February 26,.1973, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes, Street, Morro Bay, California, and will consider the Environmental Impact Report of Reuben Mosley Preble to build a self-service fuel dispensing facility and restaurant in a C-H, S-8 Zone, Lots 9, 10, 11, 19, 20, 21 & 22, Block 7, Tract 52, Atascadero Road, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against, or in modification of said Environmental Impact Report. DATED: February 12, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California M. L. WARDEN, City Clerk a 9 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING February 26, 1973 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the adjourned regular meeting of February 10, 1973 2. Minutes of the executive meeting of February 10, 1973 3. Minutes of the regular meeting of February 13, 1973 HEARINGS, APPEARANCES AND REPORTS A-1 Hearing on Reuben Mosley Preble's Environmental Impact Report A-2 Report of population estimate from the Department of Finance UNFINISHED BUSINESS B-1 Ordinance No. 109 - Ordinance amending Business License ordinance - second reading B-2 Resolution approving grant of Use Permit to Morro Bay Art Association B-3 Resolution approving grant of Use Permit to Morro Bay Chamber of Commerce - Morro Bay City Park B-4 Resolution approving grant of Use Permit to Morro Bay Chamber of Commerce - Harbor Yard B-5 Resolution amending Resolution No. 14-73 declaring a state of local emergency within the City of Morro Bay B-6 Planning Commission recommendation for approval of plans for restaurant on Lease Sites No. 110W, 111W, and 112W - Brebes Morro Bay Fisheries, Inc. B-7 Proposal of Ralph Gunther for lease sites - continued B-8 'Resolution assigning leasehold interests from Wesley E. Mallery - Lease Site No. 37W NEW BUSINESS C-1 Resolution appointing Ralph H. Dowell, Jr. City Treasurer C-2 Resolution adopting a budget calendar - 1973-74 fiscal year INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence 0 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 26, 1973 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 Mayor Mitchell ABSENT: Councilman Jennings MINUTES The minutes of the adjourned regular meeting and executive meeting of February 10, 1973 and the regular meeting of February 13, 1973 were considered by the Council. Councilman Keiser wished to offer a correction in the minutes of the regular meeting of February 13, 1973 on page five, the next to the last paragraph. This paragraph should reflect that Council- man Keiser felt that the Keiser Park location for art shows is unhandy for the Art Association people. MOTION: Councilman Donohoo moved that the minutes be approved as amended. The motion was seconded by Councilman McConaghay and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Hearing on Reuben Mosley Preble's Environmental impact Report Mayor Mitchell stated that this report covered a self-service station and restaurant proposed to be constructed on Atascadero Road. He called on Mr. Mazur, Planning Director, to outline the project and review his evaluation of the Environmental Impact Report. Mr. Mazur, using diagrams, informed the Council of the loca- tion, nature and construction of the proposed project and reviewed his evaluation with regard to the impact of the project on the environment. He stated his finding is that the project does not have a significant affect on the environment. Mayor Mitchell declared the hearing open at 7:45 p.m. and called for presentations from the audience with regard to this Environmental Impact Report. As there were no presentations, the matter was put to Council for comments. Mayor Mitchell asked Mr. Mazur if the impact on the City of Morro Bay as a whole had been considered in the evaluation; how would this effect the other service station businesses in the City. Mr. Mazur stated that the cost of the gasoline sold in this proposed project would be considerably less than that sold at a regular service station, but that a regular service station had other service to offer which could mitigate this factor. i • MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL February 26, 1973 Councilman McConaghay was concerned with a statement in the Environmental Impact Report on page 2, 6b which states that "the streets will be improved as required by the City of Morro Bay and will correct problems that now exist." He asked whether the City or the developer would correct the problems. He was informed that the street improvement would be the responsibility of the developer. There was discussion with regard to the zoning ordinance provisions for self-service fuel dispensing facilities and it was determined that the zoning ordinance provided for this type of service. MOTION: Councilman Donohoo moved that the Environ- mental Impact Report of Reuben Mosley Preble be approved and that the Council make a finding that it is adequate. The motion was seconded by Mayor Mitchell and unani- mously carried. A-2 Report of population estimate from the Department of Finance Mr. Warden presented a report from the State Department of Finance that the population of the City of Morro Bay as of December 1, 1972 was 7,950. This increase in population over last year's 7,675 provides the City with increased revenue from the State. UNFINISHED BUSINESS B-1 ORDINANCE NO. 109. Ordinance amending the Business License Ordinance Mayor Mitchell stated that this ordinance established fees to be collected from participants in art shows and prescribes the manner in which the fees are to be collected. This ordinance is up for second reading at this time. MOTION: Councilman Donohoo moved that Ordinance No. 109 be read by title only. The motion was seconded by Mayor Mitchell and unani- mously carried. Mr. Warden read Ordinance No. 109 by title only. He informed the Council that he had received correspondence from the Art Association which indicated that they had reviewed the amendment and felt that it was equitable and that they could work with it. MOTION: Councilman McConaghay moved that this constitute'the second and final reading of Ordinance`No. 109. The motion was seconded by Councilman Keiser and unani- mously carried by roll call vote. B=2 RESOLUTION NO. 15-73. Resolution approving grant of Use Permit to Morro Bay Art Association Mayor Mitchell stated that this Use Permit was to allow the Art Association use of the City Park during three holiday weekends for arts and crafts shows. u 0 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL February 26, 1973 MOTION: Councilman Keiser moved that Resolution No. 15-73 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Resolution No. 15-73 by title only. MOTION: Mayor Mitchell moved for the adoption of Resolution No. 15-73. The motion was seconded by Councilman Keiser and unani- mously carried by roll call vote. B-3 Resolutions approving grant of Use Permit to Morro Bay Chamber BB-4 of Commerce Mayor Mitchell stated that the two resolutions provided for the Chamber of Commerce to use the City Harbor Yard and the City Park for activities during their Oyster Festival on March 16, 17 and 18, 1973. RESOLUTION NO. 16-73. Resolution approving grant of Use Permit Agreement to Morro Bay Chamber of Commerce - Morro Bay City Park RESOLUTION NO. 17-73. Resolution approving grant of Use Permit Agreement to Morro Bay Chamber of Commerce - Harbor Yard 140TION: Councilman Donohoo moved that Resolutions No. 16-73 and 17-73 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Warden read Resolution No. 16-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 16-73. The motion was seconded by Councilman McConaghay and unani- mously carried by roll call vote. Mr. Warden read Resolution No. 17-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 17-73. The motion was seconded by Councilman Keiser and unani- mously carried..by roll call vote. B-5 RESOLUTION NO. 18-73. Resolution amending Resolution No. 14-73 declaring a state of local emergency within the City of Morro Bay Mayor Mitchell stated that this resolution provided for the additional name of Ralph H. Dowell, Jr., Assistant City Administrator, to be added to the authorized City representatives to handle the state of emergency. Councilman Keiser requested that Resolution No. 18L.73 be read in its entirety. Mr. Warden read Resolution No. 18-73 in its entirety. i 0 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL February 26, 1973 MOTION: Councilman Donohoo moved for the adoption of Resolution No. 18�73. The motion was seconded by Councilman Keiser and unani- mously carried by roll call vote. B-6 Planning Commission recommendation for approval of plans for restaurant on Lease Sites No. 110W, 111W, and 112W - Brebes Morro Bay Fisheries, Inc. Mayor :Mitchell asked Mr. Mazur to present the proposed plans to the Council. Mr. Mazur showed Council drawings of the plans and outlined the architecture involved. Councilman Keiser asked if the developers had plans to install boat slips at any time and Mr. Gallo, representing Brebes Morro Bay Fisheries, stated that plans for boat slips are in the mill and would be presented to Council at a later date for approval. MOTION: Mayor Mitchell moved that Council concur with the approval of the Planning Commission with regard to these plans, that the plans be approved on the condition that an Environmental Impact Report be submitted and that the plans be forwarded to the Corps of Engineers for approval. The motion was seconded by Councilman Donohoo. Mr. Gallo asked if the Environmental Impact Report was necessary since this concerned a lease site and the use had been established some time ago. Mayor Mitchell felt that an Environmental Impact Report should be required in the'event that there are any questions about the project's environmental impact. The motion was unanimously carried. B-7 Proposal of Ralph Gunther for lease sites - continued Mayor Mitchell stated that this item had been postponed from the last Council meeting since Mr. Seitz, attorney for Ralph Gunther, could not be present. Mayor Mitchell called on Mr. Seitz at this time for his presentation. Mr. Seitz stated that he and Mr. Gunther had proposed to Staff members in a recent meeting that the City lease the former St. John and Eytcheson lease sites to Mr. Gunther in return for the City's use of the parking lot immediately adjacent to and North of the Fish Bowl on the Embarcadero. He stated that the immediate use Mr. Gunther would make of these sites is the construction of boat slips, which is understood to be the City's most pressing need at this time. He stated that Mr. Gunther would, at some later date, develop the property further. Mayor Mitchell stated that the Council had previously decided to use that area for the construction of boat slips and the land would be retained as an open area. All Council members concurred in this statement. MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL February 26, 1973 Mr. Seitz indicated that Mr. Gunther had expected, from previous conversation with Council, that this would be a matter for discussion at which time Mr. Gunther might make a proposal. Mayor Mitchell recalled that when the matter was discussed previously the Council had firmly asserted their position that the area at the Dunes Street end and above mentioned lease sites would be retained by the City for the purpose of open Public area and construction of boat slips. It was also noted that the parking lot offered by Mr. Gunther in exchange is located across the street from one of his business enterprises and would serve him as well with the City having to maintain it with little overall improvement to the parking problems. Councilman McConaghay didnot feel that the proposal was acceptable and felt that Council should stand by its original decision in this matter. Mayor Mitchell asked if Mr. Gunther would be willing to just construct boat slips on the lease sites and leave the land area open to public use. Mr. Seitz stated that this would be possible for a period of time, but not financially possible on a long term basis. MOTION: Mayor Mitchell moved that the proposal of Ralph Gunther regarding lease sites be refused and that Council reaffirm their position that these areas be left as open space. The motion was seconded by Council- man Donohoo and unanimously carried. B-8 RESOLUTION NO. 19-73. Resolution approving assignment of lease from Wesley E. Mallery to Francis and Beverly Macri and Michael D. Radon. Mayor Mitchell stated that this assignment was approved at the last meeting of the Council and that this resolution formalized that approval. MOTION: Councilman Keiser moved that Resolution No. 19-73 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Resolution No. 19-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 19-73. The motion was seconded by Councilman Keiser and unani- mously carried by roll call vote. NEW BUSINESS C-1 RESOLUTION NO. 20-73. Resolution appointing Ralph H. Dowell, Jr. City Treasurer MOTION: Councilman Donohoo moved that Resolution No. 20-73 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL February 26, 1973 Mr. Warden read Resolution No 20-73 by title only. MOTION: Councilman Donohoo moved that Resolution No. 20-73 be adopted. The motion was seconded by Councilman Keiser and unani- mously carried by roll call vote. C-2 RESOLUTION NO. 21-73. Resolution adopting a budget calendar 1973-74 Fiscal Year Mayor Mitchell stated that this resolution set a calendar which the Council would follow with regard to the 1973-74 budget. MOTION: Councilman Donohoo moved that Resolution No. 21-73 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Warden read Resolution No. 21-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 21-73. The motion was seconded by Councilman Keiser and unani- mously carried by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION D`1 City Council (1) Councilman Keiser reported on a Clean Water Seminar which she and Mr. Stuart attended in Salinas on February 23, 1973. She stated that it was very informative and reported that classes are being funded to train people in the treatment and handling of waste water. (2) Councilman Keiser asked that Council authorize her expenses to attend a committee meeting of the League of California Cities on Urban Environmental Quality to be held March 12th in Los Angeles. MOTION: Mayor Mitchell moved that Councilman Keiser be authorized to attend this meeting. The motion was seconded by Councilman Donohoo and unanimously carried. (3) Councilman Donohoo requested authorization to attend an all day seminar in Santa Maria on March 15th with regard to the Central Coast Region of the California County on Criminal Justice and also a meeting on Public Safety sponsored by the League of California Cities. MOTION: Mayor Mitchell moved that the request be authorized. The motion was seconded by Councilman Keiser and unanimously carried. (4) Mayor Mitchell had a memorandum from the Director of Public Works informing Council of the aid received from the Morro Bay Iiigh School's Lettermen's Club with regard to cleaning the beaches MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL February 26, 1973 after recent flooding. He wished to commend the students for their activity in this emergency. (5) Mayor Mitchell noted that Jim Hayes had brought his Cal Poly Journalism class to the meeting this evening. (6) Mayor Mitchell also expressed his appreciation to the City workers for their prompt response to the emergency situation as a result of the recent flooding. He stated that it takes a lot of dedication and loyalty to the City to work the extra hours and under the conditions which existed. (7) Councilman McConaghay stated that he had received a call from a citizen asking how much the District is paying the City of Morro Bay for keeping the ambulance service housed at Fire Station No. 2. Mr. Warden stated that they are not paying the City anything at this point. There will be a meeting March loth in the County Courthouse where this topic will be one of many discussed with regard to ambulance service. D-2 City Attorney Mr. LeSage had nothing to report at this time. D-3 City Administrator (1) Mr. Warden presented the Expenditure Report for the period February 1 through 15, 1973 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period February 1 through 15, 1973. The motion was seconded by Councilman McConaghay and unanimously carried. (2) Mr. Warden stated that Council was in receipt of the proofs taken by the photographer of Councilmen. The photographer is not satisfied with the pictures taken in City Hall and would like Council.members to make an appointment before March 16th to have them retaken under studio conditions. (3) Mr. Warden stated he had received a letter from Supervisor Kidwell in response to his inquiry about food stamp dis- tribution. Mr. Kidwell stated that the matter is being looked into and the City will be notified of any developments. (4) Mr. Warden stated that the Pismo Beach Chamber of Commerce is requesting the attendance of City Councilmen in their 27th Annual Clam Festival parade on March 3rd. Council members are requested to contact the Pismo Beach Chamber of Commerce and notify them if they plan to attend. (5) Mr. Warden stated that the final filing date for applicants for Parks and Recreation Commissioner was February 23rd, and only one application had been received. He requested Council direction in this matter. Councilman Keiser felt that this was a very important position u MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL February 26, 1973 and should be filled by a well qualified person. She wanted to see the Commission get involved in the planning of parks, etc. Mayor Mitchell felt that the position should be re -advertised in an attempt to get more applicants. Mr. Warden was so directed. (6) Mr. Warden had a report from the City Engineer on drainage studies which listed problem areas in Morro Bay. He would come to the Council with costs at a later date. (7) Mr. Warden reported on a memorandum from the Director of Public Works with regard to the replacing of the Coleman Park Fence which had been budgeted for the 1972-73 fiscal year. It was noted that the Proposition A had been declared void by the courts and it was not necessary to comply with the "no construction" clause of the law. It was felt that Staff should look into the committment Council made to the citizens with regard to not building a road in that area unless it went to vote, so that no error would be made if the fence was replaced. The fence was needed to keep the build up of sand out of the children's park and the bar-b-que areas. However, the previous wooden fence had been used by people to build fires and was, there- fore, in a delapidated condition. Planting to help keep the sand under control was discussed along with different types of fences. It was decided that Staff should also look into the costs of different types of fences, explore re -construction with regard to the Measure passed and look into the minutes where Council committed themselves with respect tothe road. (8) Mr. Warden stated that he had received a resolution from the City of Adelanto with regard to federal grants and housing loans. It was decided by Council that they should not pass such a resolution at this.time. (9) Mr. Warden informed the Council of the increased respon- sibilities placed on the Planning Department and Building Department since the Environmental Quality Act of 1970 and the passage of Proposition 20; also that the City could expect this load to increase further. He requested that Council approve the hiring of a full-time typist -clerk to alleviate this problem and also help out in the administrative department. Mayor Mitchell asked if Staff would hire a temporary employee until the budget had been approved and then advertise and give tests for a permanent employee. Mr. Warden stated that he preferred to advertise at this time and get a permanent employee in as soon as possible. Councilman Donohoo supported Mr. Warden in this matter, stating that the additional employee was very much needed in City Hall. 140TION: Councilman Donohoo moved that Staff be authorized to fill the position as requested. The motion was seconded by Mayor Mitchell and unanimously carried. MINUTES - MORRO Regular Meeting Page Nine CORRESPONDENCE BAX CITY COUNCIL February 26, 1973 1. Letter from Roy Jonasson complimenting Officer Barton Topham 2. Letter from Sid Bennett complimenting the Police Department 3. Letter from the Morro Bay Motel Association, Inc., requesting the reduction of water rates Mr. Warden read the above letter to Council members in which the Motel Association requested a reduction in the water rates since "... it has been publicly announced that a water shortage no longer exists in the City of Morro Bay." They also stated that the increase was to pay for the additional water from Whale Rock Dam and, since that water is no longer needed, the increase isn't either. Mr. Warden stated that the increase in water..rates was to recover the total over-all cost of the water emergency and, in addition, to support a water exploration program. The water rationing was discontinued on a temporary basis only and may be reimplemented at any time if necessary. There is still a water problem in Morro Bay. Mr. Warden stated that he would relate this information to the Motel Association in a letter. 4. Letter from Mildred M. Wilson regarding the bird sanctuary. Mr. Warden stated that he would respond to the questions in this letter. 5. Letter from Lieutenant Governor Ed Reinecke regarding a meeting on local government. MOTION: Councilman Donohoo moved that the corres- pondence be filed. The motion was seconded by Councilman Keiser and unanimously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that Council adjourn to executive session to discuss personnel matters and an appraisal of property authorized by Council. The motion was seconded by Councilman Keiser and unanimously carried. The meeting adjourned to executive session at 9:28 p.m. and returned to regular session at 9:50 p.m. MOTION: Councilman McConaghay moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting adjourned at 9:52 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis, Deputy City Clerk 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Tuesday, February 13, 1973, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the Environmental Impact Report of Orval Leage for the construction of facilities for a marina at 235 Main Street, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against, or in modification of said Environmental Impact Report. DATED: January 26, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California B-� L. WARDEN, City Clerk 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 abate- ment program may file an appeal with the City Clerk of the City of Morro Bay prior to February 13, 1973. 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 9, 1973 M. L. WARDEN, City Clerk City of Morro Bay, California PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the regular meeting of the Morro Bay City Council scheduled for February 12, 1973, has been cancelled by minute order of the City Council and changed to Tuesday, February 13, 1973, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California. DATED: January 26, 1973 DALE C. MITCHELL, Mayor CITY OF MORRO BAY, CALIFORNIA By: M. L. WARDEN, City Clerk �J CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING February 13, 1973 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'January 22, 1973 HEARINGS, 'APPEARANCES AND REPORTS A-1 Appearance of James Emanuel of John Carollo Engineers regarding the Report on Water Study for Morro Bay A-2 Report from City Administrator regarding the protection of peregrine falcons on Morro Rock A-3 Hearing on Weed Abatement costs A-4 Public Hearing of Leage Environmental Impact Report UNFINISHED BUSINESS B-1 Request of Art Association for use of City Park for art shows - Continued B-2 Proposed ordinance amending the Business License Ordinance B-3 Resolution accepting work for application of bituminous seal coat - S. S. Project No. 52 B-4 Resolution of intention to abandon portions of Nutmeg Avenue and Cuesta Street B-5 Resolution accepting easement - Powers -Wells, Inc. B-6 Proposal of Ralph Gunther for lease sites NEW BUSINESS C-1 Proposition 20 exclusions C-2 Request of Chamber of Commerce to use City Yard for Oyster Festival C-3 Review of Chamber of Commerce 2nd Quarterly Report C-4 Request of Mary G. Murray to assign leasehold interests - Lease Sites No. 74 and 74W C-5 Request of John J. and Gisela G. Kirth for use change - Lease Sites No. 74 and 74W C-6 Request of Wesley E. Mallery to assign lease hold interests - Lease Site No. 37W C-7 Use of Whale Rock Reservoir for fishing INDIVIDUAL DETERMINATIONtiAND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 13, 1973 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 Brian Anderson of the Church of Christ gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None Mayor Mitchell introduced Ralph H. Dowell, appointed as Assistant City Administrator/Finance Director by the City Council, and gave a brief resume of his background. MINUTES The minutes of the regular meeting of January 22, 1973, were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of James Emanuel of John Carollo Engineers regarding the Report on Water Study for Morro Bay Mr. Emanuel reviewed their report and recommendations for the water supply situation in Morro Bay, which involves a wastewater reclamation project. They recommended that the first phase of the project be constructed by 1975 which would supply irrigation for crops and the golf course until 1980. The estimated cost of this first phase is $2,270,000. They believed that a long term source of water would be found in the Nacimiento Lake project, which, under the County Master Plan should be available to the City by 1980, but that, in any event, reclamation should be continued. Mayor Mitchell asked if the reclaimed water would have to be offered to the farmers at a lower price. Mr. Emanuel stated that it probably would have to be; he had met with several of the farmers in the City, and they had indicated that they would be interested in using this reclaimed water. Mr. Emanuel presented a chart showing the proposed reclamation lines and reservoirs. There are two proposed reservoirs which would require land acquisition of about fifteen to twenty-five acres each. In addition, land acquisition would be required for pipeline easements. Mr. Harvey Hunt of Carollo Engineers was also present and i 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 13, 1973 Page Two requested Council approval of the next phase, the preliminary engineering study. This phase consists of four areas: (1) pre- paration of a project report for state approval, (2) preparation of an Environmental Impact Statement, (3) preparation of a revenue program which must state how the money for the project will be raised and how it will be paid back, (4) special meetings with the various agencies. He informed the Council that the State Water Resources Board had released their list of priorities to be considered for the 1973-74 year's budget and Morro Bay's'project was among the first priorities: it has a good chance of being budgeted for the coming year. MOTION: Mayor Mitchell moved that Council approve the concept as set forth in the Report on Water Supply for the City of Morro Bay and authorize preparation of the preliminary engineering report for this project. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Warden stated that Carollo Engineers had carried this project from its inception and requested Council approval to have them continue through to the completion of the project. MOTION: Councilman Keiser moved that Staff be advised to continue this project through Carollo Engineers. The motion was seconded by Councilman Jennings and unanimously carried. A-2 Report from City Administrator regarding the protection of peregrine falcons on Morro Rock Mr. Warden informed the Council that in his discussions with Mr. LeSage, the Department of Fish and Game and the Department of Parks and Recreation, it had been determined that Mr. Davey and his volunteers would be acting in a quasi -official capacity in the interests of the Department of Parks and Recreation and could be exempt from the provisions of the City ordinance which prohibits camping in the area of Morro Rock. MOTION: Councilman Donohoo moved that Council endorse the opinion of the City Admin- istrator in this matter. The motion was seconded by Councilman Keiser'hnd unanimously carried. A-3 Hearing on Weed Abatement costs Mayor Mitchell stated that this was an annual hearing whereby anyone aggrieved by the acts of the Fire Department in assessing costs for weed abatement, may so state at this time. To date, no written grievances have been filed. Mayor Mitchell declared the hearing open at 8:00 p.m. and called for presentations on this matter. As there were no presentations, the hearing was closed at 8:01 P.M. No further action was required of Council. C MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL February 13, 1973 A-4 Public Hearing of Leage Environmental Impact Report Mayor Mitchell informed the audience that the Planning Director was going to review his recommendations with regard to this report and then the public would have a chance to comment. He asked that everyone confine their comments to the Environmental Impact Report as that is what is being considered at this time. Mr. Mazur outlined, in detail, his evaluation of the Environ- mental Impact Report and possible mitigating factors to those aspects of the project which might cause an unfavorable impact on the environment. Mr. Garing, representing the applicant Mr. Leage, stated that the report attempted to bring all the facts to the Council in an effort to comply with regulations governing Environmental Impact Reports. He stated that the project complies with the plans of the City for Morro Bay Harbor. Mayor Mitchell declared the hearing open at 8:32 p.m. and called for comments from citizens regarding the Environmental Impact Report for the Orval Leage marina. Mr. Bob King spoke on various aspects of the Environmental Impact Report stating that it was very inadequate and needed ela- boration in a great many areas. fie stated that the effect on the marine life would be detrimental to the environment as well as the planned fuel dispensing facility which might cause oil spills in the bay. He was also concerned with the noise of truck traffic in the area. Gladys Wells spoke in favor of the project, stating that the City needs this type of development very much. RECESS 9:00 P.M. RECONVENED 9:10 P.M. Sandy Munro, representing the Commercial Fisherman's Organi- zation spoke in favor of the development and took exception to some of Mr. King's comments. He stated that it is well known that the presence of fishing boats in a bay enhances the marine life rather than being a detriment to it. He also felt that the boats in the harbor make a very picturesque scene; one which many people in Morro Bay enjoy very much. Other comments were heard from William Grannell,fisherman, George Sturges, James Brandenberg, fisherman, Norman Lavine, fisher- man, Glenn Haislip, resident near the proposed project, George Trummel, fisherman, Ed Young,'Joseph Giannini, Jr., WJsley E. Mallery owner of the marina next to the proposed project, and Bernard Ginsberg; in favor of the proposed marina. Comments in opposition to the marina were heard from Dorothy Cutter, Patrine Rice, and Nancy Nunn, all residents near the pro- posed development. Other comments were heard from Joseph Giannini, Albert Moltzer, Vince Makel and Neil Moses. Mr. Garing and Mr. King spoke in rebuttal to some of the comments. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 13, 1973 Page Four Mr. Mazur was asked questions with reference to the proposed parking facilities over the shore. He stated that he did not address himself to this as it was design and would be provided and/or revised by the Use Permit. He went on at length about the project and concluded that the Environmental Impact Report is sufficient and acceptable. Mr. Walling asked about the draining and grading and Mr. Mazur stated that this would be provided for by the building code. RECESS 10:32 p.m. RECONVENED 10:44 p.m. Mayor Mitchell declared the hearing closed at 10:45 p.m. after asking if there were any further comments regarding this project. MOTION: Councilman Jennings moved that Council make a finding that the Environmental Impact Report is satisfactory and that the report be accepted. The motion was seconded by Councilman Donohoo. Mr. LeSage asked whether this motion was intended to include the recommendations of the Planning Director. Councilman Jennings indicated that this was the intent of the motion. . Mr. Warden suggested that if the Council found the report `sufficient, perhaps the recommendations of the City could be outlined specifically in simple terms. It was generally concluded that the recommendations of Staff should be perhaps reconstructed in a succinct form. Councilman Jenning withdrew his motion and Councilman Donohoo his second. There was considerable discussion regarding the sufficiency of the report. Mayor Mitchell felt that the report was inadequate in that it did not sufficiently express the impact that the development will have on the environment. He asked Mr. Garing several questions about the report; he could not understand why it was necessary for the docks to extend 300 feet out into the bay. Mr. Garing indicated that the City's General Plan reflected this type of dockage facil- ities. Mayor Mitchell felt that the purpose of the Environmental Impact Report is for the City to assess the possible impact on the environment and work with the developer to mitigate that impact to the greatest possible extent. Councilman McConaghay felt that the report did not reveal what is going to be done to the environment, and did not feel the Council could estimate the impact to the environment unless they know what was going to be done to it. MOTION: Councilman Jennings moved that the Envi- ronmental Impact Report of Orval Leage for a marina be accepted. The motion was seconded by Councilman Donohoo and carried 0 11 MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL February 13, 1973 on the following roll call vote: AYES: Councilmen Donohoo, Jennings, and Keiser NOES: Councilman McConaghay and Mayor Mitchell UNFINISHED BUSINESS B-1 Request of Art Association for use of City Park for art shows Continued Mayor Mitchell stated that Council was in receipt of a proposed change in the Business License Ordinance to establish fees for parti- cipants in local art shows. This fee consists of $1.00 per day minimum license fee or three percent of daily gross receipts of each individual exhibitor; whichever amount is greater. The Art Association would administer collection of these fees for the City. Mr. Warden stated that the parking problems discussed at the last meeting with regard to the use of the City Park for these shows has been worked out between the Police and the Fire Department satisfactorily. Council members reviewed the letter from the Art Association in which they set forth a list of regulations they intend to comply with during their art shows. These include limiting their space to one City area, limiting the number of exhibitors to 85, collection of City revenue from each exhibitor and taking care of the bookkeep- ing, allowing artist -owners in City to exhibit their works, send reservation applications to their members well in advance of outside exhibitors, thus giving the show a more local character, be selec- tive of applicants, and accept and display a professional and perm- anent looking sign with the names and addresses of local art galleries and craft shops at each show. Council also considered the request of the Art Association for the use of the City Park over Memorial Day weekend, July 4th weekend and Labor Day weekend. MOTION: Councilman Jennings moved that Council grant the Art Association's.request for use of the City Park on the requested dates and that the letter in which the Art Association lists seven regulations to govern the art shows be incorporated within this approval. The motion was seconded by Councilman Keiser. Councilman Donohoo felt that perhaps the Council should not grant use of the City Park for a whole year at a time. Mayor Mitchell expressed his desire that the Art Association at least schedule their show at Keiser Park once to see how it works out. Councilman Keiser stated that she understood that the Art Association felt that *": location was **. for the local people who walk to the shows and for various other reasons. * the Keiser Park ** unhandy Corrected 2-26-73 MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL February 13, 1973 The motion was unanimously carried. B-2 ORDINANCE NO. 109. Ordinance amending the Business License Ordinance MOTION: Councilman Jennings moved that Ordinance No. 109 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Ordinance No. 109 by title only. MOTION: Councilman Donohoo moved that this consti- tute the first reading of Ordinance No. 109. The motion was seconded by Council- man Jennings and unanimously carried. B-3 RESOLUTION NO. 11-73. Resolution accepting work for applica- tion of bituminous seal coat - S.S. Project No. 52 Mayor Mitchell stated that this resolution was for filing completion of the annual project of seal coating various streets in the City and allowed the City to pay the contractors for their. services. MOTION: Councilman Donohoo moved that Resolution No. 11-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 11-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 11-73. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. B-4 RESOLUTION NO. 12-73. Resolution of intention to abandon portions of Nutmeg Avenue and Cuesta Street Mayor Mitchell stated that this area was being abandoned in the Improvement District No. 6 area to afford the property owners in that area a set back when they build as the lots in that area are extremely steep. Council members set March 12, 1973, as the hearing date. MOTION: Councilman Jennings moved that Resolution No. 12-73 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Resolution No. 12-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 12-73. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 13, 1973 Page Seven B-5 RESOLUTION NO. 13-73. Resolution accepting easement - Powers -Wells, Inc. Mayor Mitchell informed Council that this resolution allowed the City an easement for water lines on the Powers -Wells property. MOTION: Councilman Donohoo moved that Resolution No. 13-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 13-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 13-73. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. B-6 Proposal of Ralph Gunther for lease sites Mr. Warden stated that he had received a call from Mr. Gunther's attorney stating that he was unable to be present this evening because of prior commitments., and requested that the matter be postponed until the next regular meeting of the Council. Council directed Staff to schedule this item for the regular meeting of February 26, 1973. NEW BUSINESS C-1 Proposition 20 exclusions Council was in receipt of a memorandum from the City Adminis- trator which informed them of exclusions allowed with relation to Proposition 20. One section of the proposition provides that exceptions may be granted for urban land area which is residentially "zoned, stabilized and developed to a density of four or more dwelling units per acre on or before January 1, 1972; or a commer- cial or industrial area zoned, developed and stabilized for such use on or before January 1, 1972." Staff was requesting Council approval to pursue such exclusions through the regional board. MOTION: Councilman Donohoo moved that -:the request of the City Administrator be approved to take.the necessary action to secure exclu sion from the requirements of Proposition 20 in those areas that are appropriate under'.the act. The motion was seconded by Councilman Jennings and unanimously carried. C-2 Request of Chamber of Commerce to use City Yard for Oyster Festival Mayor Mitchell stated that Council is in receipt of a letter from the Chamber of Commerce requesting use of the Harbor Yard parking lot and the Morro Bay Boulevard Park for their Oyster Festival MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL February 13, 1973 weekend, March 16, 17 and 18. MOTION: Councilman Donohoo moved that the request of the Morro Bay Chamber of Commerce for use of City property for the Oyster Festival be approved. The motion was seconded by Councilman Jennings and unanimously carried. C-3 Review of Chamber of Commerce 2nd Quarterly Report Council reviewed the Chamber of Commerce report and directed that it be filed. C-4 d C-5 Request of Mary G. Murry to assign leasehold interests - Lease Sites No. 74 and 74W Council was in receipt of a memorandum from the City Adminis- trator suggesting that if Council is agreeable to the assignment, he be authorized to negotiate with the proposed assignees of this lease to terminate the residence portion of this site. Council was also requested to consider a use change for this site. MOTION: Councilman Donohoo moved that the assign- ment be approved, the City Administrator be authorized to negotiate for abatement of the residence portion of the lease site and that the requested change in use be referred to the Planning Commission for approval. The motion was seconded by Councilman Keiser. Larry Davis, representing Mrs. Murray in this matter, reminded Council that the residence is in use now under a sub -lease which runs until October of this year. He was assured that the negotia- tions for abatement of the residence would be upon termination of the sub -lease. The motion was unanimously carried. C-6 Request of Wesley E. Mallery to assign leasehold interests Lease Site No. 37W Mayor Mitchell stated that Mr. Mallery was requesting the assignment of his water lease to Mr. and Mrs. Macri and Mr. Radon at this time. MOTION: Councilman Donohoo moved that the assign- ment be approved. The motion wasseconded by Councilman Keiser. Mr. Dorothy Cutter stated that she understood there was to be a change in use and requested information on this matter. Judge Schenk representing the assignor in this matter stated that he was executing the matter for the parties involved and was not aware of this information and requested Mrs. Cutter's source of information. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 13, 1973 Page Nine Mr. Warden stated that a change in use is not being requested at this time. The motion was unanimously carried. C-7 Use of Whale Rock Reservoir for fishing Mayor Mitchell stated that Council was in receipt of a memoran- dum from the City Attorney recommending a position that the City should take concerning the opening of Whale Rock Reservoir for public fishing. MOTION: Councilman McConaghay moved that Council accept the recommendation of the City Attorney. The motion was seconded by Councilman Jennings 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 Mr. LeSage reported on the pending Pipkin hearing and the American West suit. D-3 City Administrator (1) Mr. Warden presented a resolution to the Council which would declare a state of local emergency within the City of Morro Bay. This would enable the City to apply for federal assistance for flood damage. RESOLUTION NO. 14-73. Resolution declaring a state of local emergency within the City of Morro Bay MOTION: Councilman Donohoo moved that Resolution - No. 14-73 be 'read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 14-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 14-73. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. (2) Mr. Warden presented the Expenditure Report for the period January 16 through 31, 1973 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period January 16 through 13, 1973. The motion MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 13, 1973 Page Ten was seconded by Councilman Jennings and unanimously carried. . (3) Mr. Warden presented the Financial Report for the period July 1, 1972 through January 31, 1973 for the considera- tion of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Report for the period July 1, 1972 through January 31, 1973. The motion was seconded by Councilman Jennings and unanimously carried. (4) Mr. Warden requested permission for Mr. Dowell and him- self to attend the Institute on Labor Relations for City Officials being held by the League of California Cities March 28- 30 in San Francisco. MOTION: Councilman Jennings moved that Mr. Warden and Mr. Dowell be authorized to attend this meeting. The motion was seconded by Councilman Keiser and unanimously carried. (S) Mr. Warden read a letter from A. H. Achard wherein he and some of his neighbors were complaining about eucalyptus trees on San Jacinto and Terra in Morro Bay. He felt that they were a nuisance, detriment and danger to the area. Mr. Warden stated that the City had been in contact with the tree trimmers who had trimmed the trees but did not recommend that they be cut down. (6) Mr. Warden requested Council to officially include the Planning Commission in their no smoking policy if they wished this rule extended to them. MOTION: Councilman Keiser moved that smoking be banned at all official City meetings. The motion was seconded by Councilman Donohoo and carried with Councilman McConaghay voting no. Councilman McConaghay felt that the Planning Commission should decide whether or not they wished to ban smoking from their meetings. CORRESPONDENCE 1. Letter from San Luis Obispo Unified School District expressing thanks for help during the flood 2. Notice of Filing of Application from the Public Utilities Commission re: increase in gas rates and authority to include a purchased gas adjustment provision in its tariffs 3. Letter from J. N. Moses re: divine guidance 4. Letter from Sandy Munro, Commercial Fisherman's Organization of Morro Bay supporting City dock construction MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 13, 1973 Page Eleven MOTION: Councilman Donohoo moved that the corres- pondence be filed. The motion was seconded by Councilman Jennings and unanimously carried. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting was adjourned at 11:53 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis, Deputy City Clerk 0 NOTICE OF ADJOURNED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an adjourned regular meeting on Saturday, February 10, 1973 at 1:30 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider the following: 1. Set hearing date for the appeal of Dorothy Cutter from Planning Commission action of January 15, 1973, regarding Orval Leaae's marina 2. Set hearing date for consideration of Reuben Mosley Preble's Environmental Impact Report 3. Interview applicants for Assistant City Administrator/Finance Director DATED: February 7, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California * i� M. L. WARDEN, City Clerk 0 i MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting February 10, 1973 1:30 p.m. City Hall Conference Room The meeting was called to order at 1:30 p.m, by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Donohoo, Keiser and Mayor Mitchell ABSENT: Councilmen Jennings and McConaghay 1. Set hearing date for the appeal of Dorothy Cutter from Planning Commission action of January 15, 1973, regarding Orval Leage's marina Mr. Warden presented a letter from Mrs. Cutter stating that she would be out of town during the Council meeting on the 26th of February and requested that Council set the hearing date for her appeal at a later date. There was some discussion regarding Council's obligations in this matter. MOTION: Mayor Mitchell moved that March 12, 1973, be set as the hearing date for the appeal of Dorothy Cutter. The motion was seconded by Councilman Keiser and carried with Councilman Donohoo voting no. 2. Set hearing date for consideration of Reuben Mosley Preble's Environmental Impact Report MOTION: Councilman Donohoo moved that February 26, 1973, be set as hearing date for the Envir- onmental Impact Report of Mr. Preble. The motion was seconded by Councilman Keiser and unanimously carried. 3. Report on damage to property due to rain Mr. Warden informed the Council of the effects of the rain in Morro Bay during last evenings storm. He stated that the damage constitutes an emergency situation. He requested Council permission to prepare a resolution which would lay the ground work for obtain- ing Federal assistance for the damage to public and private proper- ties. Council concurred. RECESS 1:55 p.m. RECONVENED 2:20 p.m. Councilmen Jennings and McConaghay were present. There was further discussion on water flooding problems. MOTION: Councilman Donohoo moved that the City Administrator be authorized to prepare the necessary documents to declare Morro Bay a disaster area and to take the necessary procedures to cope with the problem. The motion was seconded by Councilman Keiser and unanimously carried. 0 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting February 10, 1973 Page Two MOTION: Councilman Donohoo moved that Council adjourn to executive session to consider applicants for Assistant City Administrator. The motion was seconded by Councilman Jennings and unanimously carried. The meeting was adjourned to executive session at 2:45 p.m. and reconvened to regular session at 3:35 p.m. MOTION: Councilman Jennings moved that Council appoint Ralph H. Dowell as Assistant City Administrator/Finance Director for the City of Morro Bay. The motion was seconded by Councilman McConaghay and unanimously carried. MOTION: Mayor Mitchell moved that Mr..Dowell's salary be established.at mid -range for this position. The motion was seconded by Councilman Donohoo and unanimously carried. MOTION: Councilman McConaghay moved that the meeting be adjourned. The motion was seconded by Councilman Keiser and unani- mously carried. The meeting adjourned at 3:40 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis, Deputy City Clerk 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, January. 22, 1973, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the amendment to the Park and Rec- reation element of the City General Plan to include an Open Space 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: January 9, 1973 l ��. l,C )ajCz19 Ire/ M. L. WARDEN, City Clerk City of Morro Bay, California 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING January 22, 1973 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 January 8, 1973 HEARINGS, APPEARANCES AND REPORTS A-1 Hearing on amendment to the Park and Recreation element of the City General Plan to include an Open Space element UNFINISHED BUSINESS B-1 Planning Commission request for review of Environmental Impact Report for Leage B-2 Resolution transferring TOPICS funds to the City of Arroyo Grande B-3 Resolution approving amendment to Lease Sites No. 144 and 144W - J. P. Lapp B-4 Resolution approving agreement with Michael R. Maino for off -site parking B-5 Resolution accepting easement from W. E. Nance and directing recordation - Improvement District No. 6 NEW BUSINESS C-1 Planning Commission request for approval of remodeling of Morro Dunes Travel Trailer Park C-2 Consideration of abandoning portion of Nutmeg Avenue and Cuesta Street - Improvement District No. 6 C-3 Request of Morro Bay Art Association for use of City property INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D,2 City Attorney D-3 City Administrator Correspondence MINUTES - MORRO BAY CITY COUNCIL Regular fleeting January 22, 1973 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, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None Mayor Mitchell wished to remind the audience and Council that a "no -smoking" policy during Council meetings had been adopted and that everyone is asked to comply with this policy. MINUTES The minutes of the regular meeting of January 8, 1973 were considered by the Council. MOTION: Councilman Donohoo moved that the minutes be approved. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 RESOLUTION NO. 6-73. Resolution accepting recommendation of C ty P-Tanning Commission and adopting the amendment to the Park and Recreation element of the City General Plan to include an Open Space Element. Mayor Mitchell called on Ned Rogoway to review the proposed amendments. Mr. Rogoway stated that the State of California has adopted legislation which mandates the adoption by local government of an Open Space Element by January of this year. He reviewed the proposed amendments and stated that the revisions provided City compliance with the law. He stated that the Planning Commission had requested the deletion on page fourteen, paragraph three of the proposed Element of the words "Pacific Gas and Electric" and change "right-of-way" to "rights -of -way" so that this section may also apply to the tax delinquent property the City is attempting to acquire from the State. Mayor Mitchell declared the hearing open at 7:43 p.m. and called for presentations for or against the proposed amendments. Comments were heard from Joseph Giannini, Neil Moses, Shirley McGuire, Mrs. Walling, George Henderson and Eugene Shelton. They were concerned that the amendments constituted a definite plan and were not subject to changes in designated land uses. They were assured that this is a general plan and subject to change as necessary. Mr. Rogoway stated that the General Plan as a whole needed study and revision. Councilman McConaghay was concerned about the exact definition MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 22, 1973 Page Two of "Open Space" and felt that perhaps the definition should be included in the General Plan. The definition of "Open Space", as defined by State law, was read. There was considerable discussion regarding the zoning of Open Space areas. Mayor Mitchell closed the hearing at 8:27 p.m. Mayor Mitchell felt that the amendments should be this time, but that the definition of Open Space need included as it is clearly defined by the State. MOTION: Councilman Jennings moved that on page fourteen, paragraph 3, the words "Pacific Gas and Electric" be deleted and the words "right-of-way" be changed to read "rights - of way", in the proposed amendments to the Parks and Recreation Element of the General Plan to include an Open Space Element. The motion was seconded by Councilman McConaghay and unanimously carried. MOTION: Councilman Jennings moved that Resolution No. 6-73 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. adopted at not be Mr. warden read Resolution No. 6-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 6-73. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. UNFINISHED BUSINESS B=1 Planning Commission request for review of Environmental Impact Report for Orval Leage Mayor Mitchell stated that Council had previously discussed this matter and agreed to lease Mr. Leage water area for this marina conditioned upon the approval of his marina plans by appro- priate agencies. The matter this evening was for Council considera- tion of the Environmental Impact Report of the Orval Leage project. He requested Mr. Mazur, Planning Director, to present the Planning Department's evaluation of the Environmental Impact Report. Mr. Mazur reviewed the questionaire used by the Planning Department to determine if a project has a significant effect on the environment. There were several effects of the project that the Planning Director felt would cause a significant effect on the environment which he proceeded to outline and to offer suggestions which would mitigate their impact. Mayor Mitchell felt that Council should take a recess before continuing with the hearing for this project. RECESS 8:49 p.m. RECONVENED 9:04 p.m. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 22, 1973 Page Three Mayor Mitchell opened the hearing at 9:04 p.m. and invited comments regarding this project. Dorothy Cutter stated that according to the Environmental Impact Act of 1970, the public had not been properly noticed before the Planning Commission had considered the Environmental Impact Report and were not given enough time to review it and submit comments regarding the project. There was discussion regarding Planning Commission action on the Environmental Impact Report and the Conditional Use Permit and the period for which an appeal could be filed concerning Environ- mental Impact Reports. The guidelines established by Council were reviewed and it was decided that Council would recess until Staff had determined whether or not adequate and proper notices had been given as to the availability of the Environmental Impact Report for public continent. RECESS 9:14 p.m. RECONVENED 9:30 p.m. Mayor Mitchell stated that the Planning Department did publish a Notice of Public Hearing that the project in question would be heard on their request for a Conditional Use Permit, but that the notice regarding the public input on the Environmental Impact Report had not been published in accordance with the guidelines established by Council. He felt that the hearing should be continued until the Environmental Impact Report notification requirements had been satisfied. MOTION: Councilman Jennings moved that the hearing be continued to the next regular meeting of the Council and that consideration of the Environmental Impact Report be advertised in a newspaper of general circulation in the City in accordance with City guidelines. The motion was seconded by Councilman Keiser. Mayor Mitchell closed the public hearing at 9:39 p.m. The motion was unanimously carried. B-2 RESOLUTION NO. 7=73. Resolution transferring TOPICS funds to the City of Arroyo Grande Mayor Mitchell stated that Council had considered this matter at the last meeting and had decided that in view of the fact that the City of Morro Bay would not be ready with a project obligating TOPICS funds by February, it would be in order to temporarily transfer these funds to the City of Arroyo Grande. These funds would be returned by the City of Arroyo Grande by July 1, 1973. MOTION: Councilman Donohoo moved that Resolution No. 7-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. rI MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL January 22, 1973 Mr. Warden read Resolution No. 7-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 7-73. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. B-3 RESOLUTION NO. 8-73. Resolution approving amendment to Lease Sites No. 144 and 144W - J.P. Lapp Mayor Mitchell stated that Council had previously decided that in view of the improvements made by Mr. Lapp on this lease site, he is entitled to a ten year extension of the lease term. The amendment affects this extension. MOTION: Councilman Donohoo moved that Resolution No. 8-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 8-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 8-73. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. B-4 RESOLUTION NO. 9-73. Resolution approving agreement with Micheal R. Manos for off -site parking Mayor Mitchell stated that this agreement was proposed as a condition set by Planning Commission on Mr. Manos' conditional use permit. He is required to provide additional parking for his development on the Embarcadero. MOTION: Councilman Donohoo moved that Resolution No. 9-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 9-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 9-73. The motion was seconded by Councilman Jennings and unani- mously carried by roll call vote. B-5 RESOLUTION NO. 10--73. Resolution accepting easement from W. E. Nance and directing recordation - Improvement District No. 6 Mayor Mitchell stated that this was an additional easement as required by improvement District No. 6 which had recently been executed. MOTION: Councilman Donohoo moved that Resolution No. 10-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. q MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 22, 1973 Page Five Mr. Warden read Resolution No. 10-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 10-73. The motion was seconded by Councilman Jennings and unani- mously carried.by roll call vote. NEW BUSINESS C-1 Planning Commission request for approval of remodeling of Morro Dunes Travel Trailer Park Mayor Mitchell informed Council of Planning Commission approval of the remodeling plans for this park. They intend to build shelter type structures over each of the trailer spaces which would act as a separation between the trailers as well as furnish shade. Mr. Rogoway presented Council with drawings of these plans and the architects representing Morro Dunes were present with a scale model of their plans. Council was informed that this remodeling is exempt from Environmental Impact Report's according to guidelines set by Council. MOTION: Councilman Keiser moved that Council endorse Planning Commission approval of this project and approve the plans in accordance with the requirements'of their basic lease. The motion was seconded by Councilman Jennings and unani- mously carried. C-2 Consideration of abandoning portion of Nutmeg Avenue and Cuesta Street - Improvement District No. 6 Mr. Warden explained that the road work in Improvement District No. 6 required fill in the area of Nutmeg Avenue and Cuesta Street. As the property in that area is very steep, the property owners will find it hard to have access to their homes. Accordingly the steeply sloped filled area, if abandoned, would provide assistance by allowing the slope area to be considered in establishing set- back lines. Mr. Warden requested Council permission - to proceed with the abandonment proceedings. MOTION: Councilman McConaghay moved that Staff be authorized to proceed with the necessary procedures for abandoning a portion of Nutmeg Avenue and Cuesta Street. The motion was seconded by Councilman Jennings and unanimously carried. C-3 Request of Morro Bay Art Association for use of City property Mayor Mitchell stated that Council was in receipt of a letter from the Morro Bay Art Association requesting the use of the City Park on various dates for art shows. Council felt that they had determined that future art shows should be held at Keiser Park because of the traffic problem on Morro Bay Boulevard and in front of the Fire Station during past shows held at the City Park. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL January 22, 1973 Mr. Warden read letters from Don and Doris Williams and Robert Robinson, local art gallery owners, who were concerned that the problem of licensing the participants of art shows had not been resolved. Mr. Warden stated that he had a proposed amendment to the business license ordinance which would handle this problem, but would prefer to bring it to the Council at their next meeting in draft form. A member of the Art Association spoke in favor of using the City Park for their shows because of the convenient location. She stated that the park is easy to find, is known to a lot of people and has convenience stores and restaurants in the immediate vicinity. There was considerable discussion about the pros and cons as to the use of both parks. Mayor Mitchell felt that the Art Associa- tion should consider having their shows at -Keiser Park as it is a larger park and has more convenient parking facilities. MOTION: Councilman Jennings moved that Staff be instructed to contact the Art Association and have them placed on the next regular meeting agenda of the Council to present their viewpoint. The motion was seconded by Councilman Keiser. It was noted that the main concern of the Council besides the traffic conjestion, was the fact that the park is right across the street from the Fire Department and they did not want the traffic and people to create a hazard for the Fire Department in the case of an emergency. Comments were heard from Neil Moses, Mrs. Walling, Doris Williams, and Dwight Carlisle in favor of the art shows being held at the City Park. They suggested perhaps limiting the number of partici- pants in the shows. The motion was unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council (1) Councilman Keiser brought the Council's attention to a recent article in the New Yorker Magazine which describes the peregrine falcons in Morro Bay and Mr. and Mrs. Vernon Davey's efforts to save them. She recalled recent publicity when someone stole the birds and stated that their mating season was coming up soon and Mr. Davey wished to make a request of the Council to permit parking in the area so that a watch could be maintained to prevent the eggs of the birds from disappearing. Mr. Davey stated that he would like to have permission of Council to stand guard at Morro Rock for approximately a four month period beginning around the middle part of February, so that when eggs are laid, the person on guard will be there to protect them from thieves Iie stated that he had several volunteers to stand watch with him. They were now requesting Council permission, in view of the ordinance prohibiting camping or parking in the Morro E MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL January 22, 1973 Rock vicinity during the hours of 2 to 6 a.m., to be in that area during all hours. Discussion was held regarding the legality of granting this permission and the urgency that the matter be decided now. It was thought that Staff and City attorney could investigate the matter and reach a solution if it was 'legally possible to do so. MOTION: Councilman Jennings moved that Staff be instructed to investigate this matter, come up with a solution, and, on judge- ment of legal counsel, that they proceed on their own. The motion was seconded by Councilman Keiser. Mr. LeSage suggested that Mr. Davey perform whatever is necessary between now and the next Counci1.meeting on an emergency basis, inorder that Council may have the final say on this matter. The motion was unanimously carried. (2) Councilman Keiser stated that she had been in contact with people in Morro Bay that were having a hard time getting into San Luis Obispo to obtain food stamps when needed. She suggested that perhaps a way could be found to have the stamps distributed in Morro Bay. She requested that Council write to the Board of Supervisors requesting that this be done. MOTION: Councilman Keiser moved that Staff be instructed to contact the Board of Supervisors, tell them of the transpor- tation problems of some citizens in obatining food stamps, and ask that they Board of Supervisors contact the Welfare Department and ask if they would send a representative to this area to sell food stamps. The motion was seconded by Councilman Jennings and unanimously carried. (3) Councilman Donohoo thanked the Motel Association for providing the Council with a copy of the Southern California Travel Guide. (4) Mayor Mitchell stated that he was in receipt of a resig- nation from Sid Bennett from the Parks and Recreation Commission. MOTION: Mayor Mitchell moved."that'.Council accept..'.': the resignation from Sid Bennett with regret and that a letter be forwarded to him thanking him for being on the Commission. The motion was seconded by Councilman McConaghay and unanimously carried. MOTION: Mayor Mitchell moved that Staff be directed to submit a press release to the newspapers that the City is accepting applications for a Parks and Recreation Commissioner. The motion was seconded by Councilman Jennings and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 22, 1973 Page Eight (5) Mayor Mitchell stated that he was in receipt of a letter from the League of California Cities regarding the American Revolution Bicentennial Committees. It informed the cities that the Mayors were being urged to have their cities move ahead toward planning for celebration of the Nations Bicentennial in 1976. He wanted all Councilmen to have copies of this and other interested citizens, so that Morro Bay can do its part in this event. (6) Mayor Mitchell wished to thank the great number of volunteers who contributed their efforts to the emergency experienced during the recent floods in Morro Bay and to thank Mr. Domenghini for his offer to let the City use some of his equip- ment. He wished the news media to express the appreciation of the City to those who cooperated in this emergency. Mr. Warden reported that some fifty homes had been damaged by the flood and the Department of Public Works was requesting that anyone with damage inform their office before they perform any remedial work. City crews are presently cleaning up the damage from the floods of last Thursday. It was felt that the damage of this flood is much less than the damage caused by the floods of 1969. The Board of Supervisors has declared San Luis Obispo County a disaster area and has requested assistance from the Federal Government. It is not yet known how the government will respond to this request, and the assistance may be limited to the City of San Luis Obispo. Mr. Warden also expressed the appreciation of City staff to the volunteers who worked with the City during this emergency. (7) Mayor Mitchell stated that City staff had been working on the Community Goals Committee during the past few weeks and he felt that it was time to appoint a moderator for this Committee. He had discussed this matter with Mr. James Maul and he has consented to act in the capacity of moderator to this Committee with Council approval. MOTION: Mayor Mitchell moved that Council endorse the appointment of James Maul as moderator of the Community Goals Committee. The motion was seconded by Councilman Donohoo and unanimously carried. (8) Councilman Jennings reported on the committee meeting concerning Environmental Impact Reports. He stated that at a meeting, the committee had discussed the upgrading of existing structures in the City and control over new ones to be constructed. He felt that this would be a good topic for the Community Goals Committee to consider. He stated that they could develop a summary of information on what other cities have done along the lines of upgrading their structures, providing guidelines for design and architecture. D=2 City Attorney Mr. LeSage had no new business to report. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 22, 1973 Page Nine D-3 City Administrator (1) Mr. Warden stated that he was in receipt of correspondence from the Ministerial Association signed by Reverend Van Eakes who informed him that Reverend George Wood had been selected by their body to the position of City Chaplain. It was felt by Council that Reverend Wood and Councilman McConaghay could meet and list duties that should be performed by the City Chaplain. MOTION: Councilman Donohoo moved that Reverend Wood be appointed as City Chaplain. The motion was seconded by Councilman Jennings and unanimously carried. Joseph Giannini thought that perhaps the City could reimburse the Reverend for his fuel. Councilman Donohoo suggested compen- sating him at a fee of $25.00 per month. Council decided that Councilman McConaghay could make recommendations to them after he and Reverend Wood meet. (2) Mr. Warden stated that the City had received notice that the League of California Cities, Channel Counties Division would meet in Pismo Beach on February 9, 1973. He requested infor- mation from Council as to their attendance. It was felt by Council that the Planning Commission and department heads should be invited to attend. MOTION: Mayor Mitchell moved that the Planning Commission and Department Heads be invited to attend this meeting. The motion was seconded by Councilman Keiser and unani- mously carried. (3) Mr. Warden stated that January 24th is the last day that the City will be accepting applications for Assistant City Administrator and requested Council direction in this matter. It was felt that Council should set February 10, 1973, as the day to interview applicants selected by the screening committee for this position. MOTION: Mayor Mitchell moved that February 10, 1973, at 1:30 p.m. be set to interview applicants for the position of Assistant City Administrator. The motion was seconded by Councilman Jennings and unani- mously carried. (4) Mr. Warden reported on present water levels and production rates in the City. He suggested that Council lift the water rationing with the proviso that it may be reimplemented at any time if necessary. To do this Council should rescind Resolution No. 68-72 which implemented the emergency situation. MOTION: Councilman Jennings moved that Resolution No. 68-72 be rescinded. The motion was seconded by Mayor Mitchell and unanimously carried. (5) Mr. Warden presented the Expenditure Report for the period 0 9 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January'22, 1973 Page Ten January,l through 15, 1973 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period January 1 through 15, 1973. The motion was seconded by Councilman Jennings and unanimously carried. CORRESPONDENCE 1. Letter from the County Clerk regarding: Notice of Proposed Establishment of Agricultural Preserves. MOTION: Councilman McConaghay moved that the correspondence be filed. The motion was seconded by Councilman Jennings and unani- mously carried. ADJOURNMENT MOTION: Councilman Donohoo moved that the meeting be adjourned to February 10, 1973, at 1:30 p.m. in the City Hall Conference Room. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting adjourned at 11:14 p.m. Recorded by: M. L. WARDEN, City Clerk By: a�' '�'iz 'a." Ardith Davis, Deputy City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, January 8, 1973, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the appeal of William R. Welles on the Planning Commission's denial of Conditional Use Permit to construct a boat in the front half of a building in a P.D. Zone, 548 Embar- cadero, Morro Bay, California, at which said hearing any person interested may appear and express his views for, against or in modification of requested Conditional Use Permit. DATED: December 21, 1972 M. L. WARDEN, City Clerk City of Morro Bay, California 10 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING January 8, 1973 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the special meeting of 2. Minutes of the executive meeting 3. Minutes of the regular meeting of 4. Minutes of the executive meeting HEARINGS, APPEARANCES AND REPORTS December 18, 1972 of December 18, 1972 December 19, 1972 of December 19, 1972 A-1 Appeal of William R. Welles-fromPlanning Commission denial of Conditional Use Permit A-2 Report from the Director of Public Works regarding ventilation in the Recreation Hall UNFINISHED BUSINESS B-1 Resolution authorizing granting of lease to Virgil Moores B-2 Request to advertise for bids - Treatment plant trickling filter modifications B-3 Resolution authorizing M. McDonough, attorney, to repre- sent the City of Morro Bay before the State Water Resources Control Board NEW BUSINESS C-1 Awarding of Bid No. 5-72 - 3/4 Ton Service Truck C-2 Resolution approving low bid for chlorine C-3 Resolution approving low bid for gasoline and diesel fuel C-4 Resolution setting date and time for public hearing on the amendment to the Park and Recreation element of the City General Plan to include an Open Space element C-5 Consideration of TOPICS funding transfer C-6 Request of J. P. Lapp for lease extension - Lease Sites No. 144 and 144W C-7 Consideration of acquisition of State of California tax delinquent lands 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 January 8, 1973 7:30 p.m. Morro Bay Recreation Iiall 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, Jennings, Keiser and Mayor Mitchell ABSENT: Councilman McConghay Mayor Mitchell introduced the new, Planning Director, Mr. John Mazur and gave his educational background and previous work experience. MINUTES The minutes of the special and executive meeting of December 19, 1972 were considered by the Council. Councilman Donohoo stated that he had one correction on page five of the regular meeting minutes in the last paragraph. The word "trunk" should be changed to read "truck". MOTION: Councilman Donohoo moved that the minutes be approved as amended. The motion was seconded by Councilman Jennings and unani- mously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Appeal of William R. Welles-from Planning'Commission denial of Conditional Use Permit Mayor Mitchell stated that Mr. Welles had applied to the Planning Commission for a Conditional Use Permit to build a boat in a building located at 548 Embarcadero, Morro Bay. The Planning Commission had denied the permit on the basis that the building is substandard and the use in the building presents a fire hazard to the area. Mr. Rogoway was present to inform the Council of the Planning Commission's actions in this matter. He stated that there have been previous attempts to obtain a permit for the use of this building and the Planning Commission has denied them. Mayor Mitchell stated that Council was in receipt of a memo- randum from the Fire Chief and the Building Superintendent which lists eight items wherein the building does not meet standards established by Building and Fire Codes. Mayor Mitchell opened the Public Hearing at 7:38 p.m. and called for presentations regarding this appeal. Mr. Welles was present and stated that he had been working on the boat for about four months and would probably only need two more months to finish. He said that all the work is being done by hand as there are no utilities in the building, so a fire hazard is primarily eliminated. He interpreted the Zoning Ordinance to 6 i MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL January 8, 1973 Mr. LeSage stated that in view of the possible continuous non- conforming use of the building, it would be in order to authorize Mr. Welles to finish his project subject to certain conditions. It was noted that Staff had not red tagged the building, because it is not general practice to inspect buildings throughout the City to determine Code conformance. Commercial buildings, however, are inspected regularly when they are in use or when a new use is proposed. In this case it was felt that a warning to Mr. Welles that a Use Permit was required would suffice. Mayor Mitchell asked for further presentations regarding this matter and, as there were none, closed the Public Hearing at 8:07 p.m. MOTION: Councilman Jennings moved that Council allow Mr. Welles to maintain his boat, to give the City a written agreement to be out of the building in two months, and to provide two ten pound ABC fire extinguishers. Also that the City enter into an agreement with the landlord to have the building brought up to Building and Fire Code requirements or have it torn down and that the landlord be apprised that the building is not fit for use; the appeal of Mr. Welles be granted subject to the above conditions. This action does not in any way infer that the Council is approving the use beyond the two months period specified or that approval of a continuing non -conforming use is being granted. The motion was seconded by Councilman Donohoo. Mayor Mitchell stated that he was going to vote against this motion because he agrees with the Planning Commission on this matter and cannot allow the use of a building in the condition this one is in. The motion carried with Mayor Mitchell voting "no". A-2 Report from the Director of Public Works regarding ventilation in the Recreation Hall Mr. Stuart was not present due to illness and Mr. Warden reported in his stead. He stated that Mr. Stuart had contacted another heating firm within the City and they had quoted $1250 for an exhaust fan which would change the air once every twelve minutes. The costs, therefore, could range from approximately $700 ( a previous quote from an out-of-town firm) to $1250. Councilman Jennings felt that an expenditure of this amount should be deferred to budget time. Mayor Mitchell stated that Santa Barbara was having much the same problem with smoking and took a poll regarding the banning of smoking in public meetings. It was interesting to note that 59% of the responses indicated that they would like to see a "no smoking" policy adopted.. 0 MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL January 8, 1973 read that a Use Permit is only required when there is a change in the use of the building and he understands that several people before him have constructed boats on this site. He has checked with several of the neighbors and finds that he is not bothering anybody with noise, etc., and it would cause great hardship on him if he has to tear down four months work now and start over some- where else. It was noted that Mr. Welles had been advised that he needed a Use Permit to use the building on October 15, 1972, and did not file an application until October 28, 1972. Mr. Warden stated that this matter had been discussed among staff members and it is felt that perhaps Mr. Welles could be required to obtain two ten pound ABC extinguishers to alleviate the fire hazard in the building. Mr. Warden has also received correspondence from the attorney of Mrs. Carver, who owns the building in question, and the letter indicates that Mrs. Carver is willing to either tear the building down or perhaps renovate it so that it comes up to Building and Fire Code standards. Mr. Warden stated that, in view of the Zoning Ordinance, there may be some implications of a continuing non -conforming use. Mayor Mitchell felt that Mr. Welles placed himself in this position. If Council granted this appeal, they would be ignoring the laws in this case and the recommendations of the Fire Chief as well as the Planning Commission. Councilman Jennings stated that to his knowledge there have been several boats constructed in this dwelling before and since Mr. Welles has put four months of work into the boat, he wouldn't like to see it all destroyed. Mr. Joseph Giannini felt that the City was at fault in this case in that they did not red tag the building so that Mr. Welles could not begin his project. He said it is only reasonable now that they let him finish. Councilman Keiser took exception to this stating that Mr. Welles was informed that a Use Permit was required and that the landlord also know it, since a Use Permit has been denied for use of this building previously. Mr. Rogoway stated that if the Council is thinking of granting this appeal, perhaps a cash bond or deposit of some amount could be obtained to insure the completion of this project within a specified period of time. Mayor Mitchell stated that if Council did decide to grant this appeal, they should find out if the situation will be corrected by the landlord. Also, he was concerned about the responsibility of the City, should a fire start in this building and cause damage to other properties. Mr. Warden stated that if Council is going to wait until a decision is made by the owners as to the deposition of the building, a cease and desist order should be issued to Mr. Welles until a final decision is reached. 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 8, 1973 Page Four Mr. Joseph Giannini stated that it is a matter of public health. He felt that his health and.that of many other citizens is imperiled by the amount of smoking during public meetings. He feels that unless something is done, people will stop coming to meetings. He had talked to Dr. Kusumoto of the Health Department and Dr. Kusumoto had informed him that if he could get a petition with from twenty to thirty signatures on it, he would investigate the matter. Mr. Neil Moses felt it would be better to ban smoking rather than spend so much money on an exhaust system. Councilman Jennings felt that enough time had been spent on this subject and felt that the water situation in Morro Bay was a better topic of discussion. He informed the Council that if it were put to a vote again, he would vote for the banning of smoking during Council meetings. MOTION: Councilman Keiser moved that smoking be banned in Council chambers. The motion was seconded by Mayor Mitchell and unani- mously carried. UNFINISHED BUSINESS B-1 RESOLUTION NO. 1-73. Resolution authorizing granting of lease to Virgil Moores Mayor Mitchell stated that Council had previously authorized negotiations for this lease on Lease Sites No. 128 and 128W. MOTION: Councilman Donohoo moved that Resolution No. 1-73 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Warden read Resolution No. 1-73 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 1-73. The motion was seconded by Councilman Keiser and unani- mously carried by roll call vote. B-2 Request to advertise for bids'- Treatment Plant trickling filter modifications Mayor Mitchell stated that the replacment of the mercury seals at the treatment plant is being required by the State Water Quality Control Board and the City of Morro Bay has contracted with Carollo Engineers for the plans and specifications for this project. The City is eligible for an 80% federal -state grant as provided in the 1970 Clean Water Bond Law. The total estimated cost of the project is $12,400 of which the city's contribution will amount to approxi- mately $2,500. Staff is requesting authorization to go to bid on this project. MOTION: Councilman Donohoo moved that Staff be authorized to proceed with advertising for bids for the treatment plant MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 8, 1973 Page Five trickling filter modifications. The motion was seconded by Councilman Jennings and unanimously carried. B-3 RESOLUTION NO. 2-73. Resolution authorizing Mr. McDonough, attorney to represent the City of Morro Bay before the State Water Resources Control Board Mayor Mitchell stated that this resolution authorized Mr. McDonough to represent the City of Morro Bay in the petitioning of the State Water Resources Control Board to appropriate water from the Morro Creek and Chorro Creek Basins. Councilman Jennings asked that Resolution No. 2-73 be read in its entirety. Mr. Warden read Resolution No. 2-73 in its entirety. MOTION: Councilman Donohoo moved that Resolution No. 2-73 be adopted. The motion was seconded by Councilman Jennings and unani- mously carried by roll call.vote. NEW BUSINESS C-1 Awarding of Bid No. 5-73 - 3/4 Ton Service Truck Mayor Mitchell stated that the low bid for this vehicle had been received from Palla Equipment in.the amount of $4,371.93. MOTION: Councilman Donohoo moved that the.low bid of $4,371.93 be awarded to Palla Equipment for the purchase of the 3/4 Ton Service Truck. The motion -was seconded by Council- man Jennings and unanimously carried. C-2 RESOLUTION NO. 3-73. Resolution approving low bid for chlorine Mayor Mitchell stated that this was a yearly bid by which the low bidder provided chlorine for the City for the entire year. MOTION: Councilman Donohoo moved that Resolution No. 3-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 3-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No 3-73. The motion was seconded by Councilman Donohoo and unani- mously carried by roll call vote. C-3 RESOLUTION NO. 4-73. Resolution approving low bid for gasoline and diesel fuel Mayor Mitchell stated that this bid was for a year's supply of gasoline and diesel fuel and the low bid has been submitted by MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL January 8, 1973 Sunland Refining Corporation. MOTION: Councilman Donohoo moved that Resolution No. 4-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No.. 4-73 by title only. MOTION: Councilman Jennings moved that Resolution No. 4-73 be adopted. The motion was seconded by Councilman Donohoo and unani- mously carried by roll call vote. C-4 RESOLUTION NO. 5-73. Resolution setting date and time for public hearing on the amendment to the Park and Recreation element of the City General Plan to include an Open Space element MOTION: Councilman Donohoo moved that January 22, 1973 be set in the Resolution as the date of the hearing. The motion was seconded by Councilman Jennings and unanimously carried. MOTION: Councilman Donohoo moved that Resolution No. 5-73 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 5-73 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 5-73. The motion was seconded by Councilman Keiser and unani- mously carried by roll call vote. C-5 Consideration of TOPICS funding transfer Mr. Warden explained that the Lampman study, for which TOPICS funds will be used, is not yet completed. Unless the City obligates these funds by February 1, 1973, they will lose their right to them. As the City of Arroyo Grande does have a project for which to use these funds, Mr. Warden suggested that Morro Bay lend the entitle- ment to that City until July 1, 1973. He has checked with the Division of Highways and this is a legal use of these funds until the City is able to obligate them for a project. Councilman Donohoo stated that Lampman and Associates were supposed to have finished their study by February 1, 1973 and requested'Mr. Warden to find out why it will not be finished on time. MOTION: Councilman Jennings moved that Council authorize the transfer of TOPICS funds to the City of Arroyo Grande with the appropriate documents to be prepared by .the City Attorney. The motion was seconded by Councilman Donohoo and unani- mously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 8, 1973 Page Seven C-6 Request of J. P. Lapp for lease extension - Lease Sites No. 144 and 144W' Mayor Mitchell stated that the City Administrator had obtained from the County Assessor the value of the improvements on this lease site; the full cash value is $9,560. The lease holder's lease expired December 31, 1972, and this $9,560 of improvements entitles him to a minimum of ten year s extension. MOTION: Councilman Donohoo moved that Staff be authorized to prepare the necessary documents for the extension of Lease Sites No. 144 and 144W. The motion was seconded by Councilman Jennings and unanimously carried. C-7 Consideration of acquisition of State of California tax delinquent lands Mr. Warden stated that as a result of tax delinquent property owners, the State has acquired lands in Morro Bay which the City of Morro Bay has an opportunity to buy at a low price. If the City declines to purchase any of these properties, they will be put to public auction at which some of the minimum bids for individual pieces of property have been set at $3,000.00. The City will only have to pay advertising costs, which may be as low as fifteen or twenty dollars per parcel. Mr. Mazur was present and pointed out the various properties available in Morro Bay, and also informed the Council of their possible value to the City. There was considerable discussion on the advantage of purchasing all available parcels at such a low price per lot. Comments were heard from Neil Moses, Lloyd Brown and Mrs. Bailey. MOTION: Councilman Jennings moved that all parcels presented be acquired, that the Tax Collector be notified of this action and that the acquired areas be designated as Open Space or for purposes of City beautification. The motion was seconded by Councilman Keiser and unanimously carried. RECESS 8:50 p.m. RECONVENED INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council 9:02 p.m. (1) Councilman Keiser stated that she had received a call from a gentleman who was concerned that there may not be enough fireman coverage for fire emergencies in the Del Mar area. Questions were asked of Chief Rieger regarding personnel schedules. MINUTES - MORRO BAY CITY COUNCIL Regular fleeting January 8, 1973 Page Eight (2) Mayor Mitchell stated that he, Councilman Donchoo and Mr. Warden met last Saturday and discussed several committee assignments. First discussed had been the parking of trailers, boats and similar vehicles on private property. This was referred to the City Attorney to give an opinion as to the exact meaning of the Ordinance as it is written. Also, there was discussion about the possible uses for revenue sharing funds. The committee had felt that it is not possible to make recommendations until the Priority List of Capital Improvements is fully developed. Mayor Mitchell then proceeded to inform the Council of a committee system that had been discussed whereby a master committee, or Goals Committee, would be developed with several sub -committees working under it. The Goals Committee would decide what the necessary sub -committees would be, i.e., regional concerns, social concerns, etc. The various sub -committees would, in turn, set forth a list of goals for their particular interest. One council- man and one staff member would serve on each sub -committee but would not serve in the capacity of chairman. When the goals were developed by each sub -committee, they would go to the Goals Committee (comprised of all members of all sub -committees) and be evaluated on a ballot system. Mayor Mitchell stated that questionaires would be submitted to the citizens via newspapers and those responding would be placed on the various committees. It is hoped that a cross-section of the community could be obtained for each committee. It was noted that interests in Morro Bay were diversified and it is important that more than one interest is represented on each committee. The first committee meeting is scheduled for February 28, 1973. Mr. Warden illustrated the proposed program with a diagram and further acquainted the Council with the merits of this system. MOTION: Mayor Mitchell moved that Council go on record endorsing this idea and approve the necessary procedures to communicate the idea to the public and that question- aires be made available in order that the City may proceed with the first meeting on Wednesday, February 28, 1973. The motion was seconded by Councilman Keiser. There was further discussion regarding revenue sharing money. It was noted that this money need not be obligated for twenty-four months so that the committee may find a good use for the funds before that time. The motion was unanimously carried. (2) Councilman Jennings reported on the Harbor Committee and stated that they are ready to go to final draft on the Harbor Ordinance. (3) Councilman Jennings reported on the Cable TV committee meetings and stated that progress is being made and he 9 40 MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL January 8, 1973 will report final recommendations at a later date. (4) Councilman Jennings stated that he had calls from people living in the Harbor Tract area regarding the intersection at Radcliff and Main Street. He informed them that the Lampman TOPICS study is not yet completed and they would be informed of their priority as soon as the Council has the information. (5) Councilman Jennings had received a complaint regarding breaking and entering at the Yacht Club. He stated that the Yacht Club had asked him to bring it up at the Council meeting but he understands the Police Department is doing what they can'.to prevent this activity. Mr. Joseph Giannini felt that Council should thank Mr. Ned Rogoway for his services over the past years. He stated that he had always served the City well and wished him luck in the future. Mayor Mitchell concurred with this and stated that Mr. Rogoway would be around for awhile yet acquainting Mr. Mazur with his various duties. (6) Councilman Keiser asked for a progress report on the wastewater reclamation study. Mr. Warden stated that it was being pursued with due diligence. Mr. Moses questioned Resolution No. 2-73 regarding the water attorney. He was informed by Mayor Mitchell that in order for the city to make application for underground water it was necessary to hire a professional in this field to represent the City to the Water Quality Control Board. D=2 City Attorney Mr. LeSage had no new business to report. D-3 City Administrator (1) Mr. Warden presented the Expenditure Report for the period December 16 through 31, 1972 for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period December 16 through 31, 1972. The motion was seconded by Councilman Jennings and unanimously carried. (2) Mr. Warden presented the Financial Report for the period July 1, 1972 through December 31, 1972 for the considera- tion of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Report for the period July 1, through December 31, 1972. The motion was seconded by Councilman Jennings and unanimously carried. 0 MINUTES - MORRO Regular Meeting Page Ten BAY CITY COUNCIL January 8, 1973 (3) Mr. Warden informed the Council that he had received a reduced price on the pictures to be taken of the Council- men, since it was discovered that the pictures currently in possession of the first Councilmen can be reproduced, which eliminates the $7.50 per person setting price for five councilmen. Also, the photographer will come to City Hall to take the pictures for no additional cost. He requested Council to set a date during the week of January 15th in which they would like to have their pictures taken. Council chose the afternoon of January 16th. (4) Mr. Warden requested permission to attend the League of California Cities Annual Managers' Meeting, on February 21, 22, and 23, 1973. MOTION: Councilman Donohoo moved that the City Administrator be authorized to attend the Managers' Meeting on February 21, 22, and 23, 1973. The motion was seconded by Councilman Jennings and unanimously carried. (5) Mr. Warden requested permission to attend the Budget Seminar in San Francisco on February 15 and 16, 1973. MOTION: Councilman Donohoo moved that the City Administrator be authorized to attend the Budget Seminar -:in San Francisco on February 15 and 16, 1973. The motion was seconded by Councilman Jennings and unanimously carried. (6) Mr. Warden stated that February 12, 1973, is Lincoln's Birthday and also a Council meeting date. He requested Council to change the date of the meeting. MOTION: Mayor Mitchell moved that the regular meeting scheduled for February 12, 1973, be changed to Tuesday, February 13, 1973. The motion was seconded by Councilman Donohoo and unanimously carried. (7) Mr. Warden stated that he had talked with Dr. Wixom regarding the dog license ordinance and requested permission from Council to revise the ordinance so that the vaccination of dogs for rabies will coincide with the expiration date of the licenses. Council concurred. (8) Mr. Warden requested authorization to hire a part time assistant to help him with the revision of ordinances. These matters have been pending for some time and Mr. Warden feels that the individual he has chosen would be able to help him in this respect. She has been highly recommended to him by Tom Butch, City Manager of Arroyo Grande in this capacity. He requested that Council authorize him to hire her at $3.00 per hour on a temporary basis. MOTION: Councilman Jennings moved that the City Administrator be authorized to hire a part-time Research Assistant to the City Administrator at $3.00 per hour. The It It MINUTES - MORRO Regular Meeting Page Eleven BAY CITY COUNCIL Jarivary '8, 1973 motion was seconded by Councilman Donohoo and unanimously carried. There followed some discussion from Mr. Giannini regarding the spaying clinic discussed before in Council meetings. He had talked to someone wanting to go to the Board of Supervisors to establish a clinic on a county -wide basis. Councilman Keiser stated that she had talked to Dr. Wixom about this matter and he does not feel that it would be practical on a City basis for various reasons. CORRESPONDENCE 1. Letter from Pacific Gas and Electric Company regarding underground utilities. 2. Letter from Mr. and Mrs. Wes Cater approving banning of vehicles on beaches.. 3. Notice from the Department of Army Corps of Engineers regarding bay developments. 4. Letter from Morro Bay Tomorrow supporting Kenneth Schwartz' appointment to the Regional Commission. MOTION: Councilman Donohoo moved that the corres- pondence be filed. The motion was seconded by Councilman Jennings and unanimously carried. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting adjourned at 9:51 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk