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HomeMy WebLinkAboutJanuary to Decemberr_ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on -Monday, December ,2 3 :9, 1974, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will reconsider the request of Morro Bay Garbage Service for a rate increase; at which said hearing any person interested may appear and express his views for, against, or in modification of said request. DATED: November 25, 1974 FRED R. DONOHOO, Mayor City of Morro Bay, California By- 'M. L. WARDEN, City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING December 23, 1974 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of December 9, 1974 2. Minutes of the executive meeting of December 9, 1974 HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of H. Raymond Kubly, County Communications Manager regarding 911 Joint Powers Authority A-2 Appearance of F.-C. Buchter, South Central Coast Regional Commission, to discuss the Funding and Powers Element of the Coastal Plan A-3 Public hearing on request of Morro Bay Garbage Service for rate increase A-4 Report of City Administrator on Fair Labor Standards Act UNFINISHED BUSINESS ' B-1 Proposed ordinance amending animal control regulations B-2 Resolution confirming canvass of special municipal election - Mayor issue B-3 Resolution rescinding Resolution No. 55-74 approving assign- ment of Lease Site No. 18 from George F. Baier and Ronald L. Myers to Zeke's Wharf B-4 Resolution accepting work and giving notice of completion for construction and installation of Job No. PW74-026-33 - Street resurfacing project NEW BUSINESS C-1 Resolution accepting easement from David P. Vienna and Frances T. Vienna, husband and wife, and directing recordation C-2 Resolution amending uniform procedures for withdrawal of funds from active and inactive acounts and rescinding Resolution No. 25-68 C-3 Consideration of acquisition of property at 685 and 695 Harbor Street and 905 Piney Way INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence ■ MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 23, 1974 7.30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Donohoo with the Pledge of Allegiance. Councilman Brown gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell and Pipitone, and Mayor Donohoo ABSENT: None MINUTES The minutes of the regular and executive meetings of December 9, 1974, were considered by the 'Council. MOTION: Councilman Jennings moved that the minutes be approved. The motion was seconded by Councilman Brown and unanimouslycarried. A-1 Appearance of H. Raymond Kubly, County Communications Manager, regarding 911 Joint Powers Authority Mr. Kubly explained that AB 515 provides for the implementing of a 911 emergency telephone system for police, fire, medical and ambulance services by December, 1982. The preliminary plan for such a system must be prepared and forwarded to the State by January 31, 1975, with a final plan to be prepared by January 31, 1977. The County of San Luis Obispo has set forth a plan which Mr. Kubly explained to the Council. This information included how the County proposed to set up the system, staffing, equipment, etc. He said that he has discussed this matter thoroughly with the City's Fire and Police Chiefs and they are in agreement with the concept. He could not quote costs at this time and stated that, presently, there is no funding available for this system. It is hoped, however, that funds will be available by the time actual implementation of the system is accomplished. Mr. Kubly requested that the Council, if they approve of the plan in concept, make a motion to that effect and authorize the Mayor to sign the Joint Powers Agreement with the County. Mr. Kubly explained that if the City decides to go on their own with this system rather than contracting with the County, they will have to duplicate the County's plan for implementing the system. MOTION: Councilman Jennings moved that Council approve the County's 911 plan in concept and authorize the Mayor to enter into a Joint Powers Agreement as proposed by the 911 Action Group. The motion was seconded by Councilman Brown and unanimously carried. A-2 Appearance of F. C. Buchter, South Central Coast Regional Commission, to discuss the Funding and Powers Element of the Coastal Plan Mayor Donohoo informed the public that Mr. Buchter's presentation MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 23, 1974 Page Two was not a public hearing but an information matter only for the Council. He 'requested that they listen.to the presentation at this time as they would have 'ample time for comments. during the public hearings to be held regarding this matter. Mr. Buchter explained that the Funding and Powers Element of the Coastal Plan is the'last element of the Coastal Plan to be developed. This element will determine how the rest of the elements are to be carried out and who will pay for them. He said that the Regional Commission has not written this element yet, but is visiting the various local agencies to get their feelings and suggestions on the matter before preparing a preliminary plan. In discussing this matter, the Regional Commission staff feels that the elements of the Coastal Plan should be mandated to the local agencies to carry out. There would be an appeal process available if the project is of State-wide concern and -if it affects the area of the coastline right next to the water's edge. The appeal board would also be in charge of updating the 'various elements of the Coastal Plan. They felt that the Regional Commission should be eliminated in favor of one central State commission. In discussing funding, Mr. Buchter was not in favor of "special projects", but felt the.Coastal Plan should be funded through the State budgeting process. There was discussion by Council members and Staff with Mr. Buchter answering questions. No action was taken in this matter. RECESS 8:33 p.m. RECONVENED 8:35 p.m. A_3 Public hearing on request of Morro Bay Garbage Service for rate increase. Mr. Pat Wagner reviewed for Council the Garbage Service's re- quested increase which is an increase from $2.00 to $3.00 for curb service; back yard service to be $3.50; commercial bin rates to be increased by $1.00 per cubic yard; special hauling rate of $3.00 per cubic yard and commercial bin cleaning charge of $10.00. Mr. Wagner proceeded to review estimated income and expense sheets under the proposed new rate. It was noted that the Garbage Service presently has to pick up cans up to 75 feet from the curbside. The new $3.00 monthly rate would only _include picking up curbside cans. It will cost another 50C monthly for backyard service. This will enable the Garbage Service to save quite a bit on manpower and only those requiring the backyard service will have to pay for it. It was also noted that the Garbage Service presently provides an annual cleaning of commercial bins, although this provision is not a part of their contract with the City. The $10.00 bin cleaning charge would be'for any establishment wishing extra cleaning throughout the year. Mr. Wagner stated that the Garbage Service has not had an in- crease since 1960 and an increase at this time is imperative as they are presently operating at a loss. 'He proceeded to review the increased costs of containers, fuel, dump fees, insurance,tires, MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - December 23, 1974 Page Three' State Compensation, telephones,etc. Mr. Warden asked what mutual consideration would be 'given to the City if the Council grants -the increase.' Mr. Wagner stated that the'increase is necessary to maintain the'present level of service. There ,was discussion regarding providing two bin cleanings annually for commercial bins and increasing the''City's percentage from 2% to 3%. Mr. Wagner stated that he'is agreeable to the 'percentage increase to the City, however, he'is not agreeable to provide more than the annual bin cleaning. The Garbage Service is presently working with the Health Department regarding this and trying to determine which bins do need more than the annual cleaning. It may be that the State will pass legislation which will make it necessary for the Garbage Service to clean the commercial bins more than once a year. Councilman Mitchell asked the City Attorney if the Council can grant an increase to the Garbage Service if it makes a finding that the business is suffering financially even if the Garbage Service does not offer any consideration to the City. Mr. LeSage stated that the Council could do this. There was discussion as to whether the City could leave the con- tract open so as to include additional annual bin cleanings if Health Department standards so mandate. Mayor Donohoo opened the public hearing at 9:10 p.m. Mr. Howard Gaines spoke at some length in opposition to the proposed increase. He felt that a balance sheet should have been provided far enough in advance so that the public could study it. Mr. Ben Babcock also spoke in opposition to the proposed increase and Mr. Joseph Giannini felt that special consideration should be given to senior citizens who would find it difficult to meet this additional expenditure. Mrs. Lila Keiser spoke in favor of the proposed increase. Mayor Donohoo closed the hearing at 9:30 p.m. MOTION: Councilman Jennings moved for the approval of the request for rate increase by Morro Bay Garbage Service as proposed in Schedule A of their report; also that the contract be amended to include a mandatory annual bin cleaning clause. The motion was seconded by Councilman Pipitone. After further discussion, the following amendment was made: Councilman Jennings amended his motion to include that the contract be worded so as to provide for additional annual bin cleanings should the 'Health Department determine'that they are needed; also, that the contract be amended to include the increase in percentage to the City from 2% to 3%. The amend- ment was accepted by Councilman Pipitone and unan- imously carried by roll call vote. RECESS 9:45 p.m. RECONVENED 9:49 p.m. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 23, 1974 Page Four A-4 Report of City Administrator on Fair Labor Standards Act Mr. Warden stated that the'Ci;ty•is currently paying miscellaneous employees time and one-half.for time worked in excess of forty hours per week.- New requirements'for safety employees go into effect January 1, 1975. FIremeri currently work 'a sixty-seven..hour work week and that must be 'reduced to sixty hours by January 1st. Anything over that will be 'compensated by time and one-half. By January, 1976, the work -week must be 'down to fifty-eight hours, by 1977 to fifty-four hours and after 1978 it may go down to forty-eight hours for Firemen anf forty hours for Policemen. Mr. Warden explained that the Secretary of Labor was supposed to have developed guidelines for implementation of the Fair Labor Stan- dards Act by this time,' but had not. -In any case,the Act must be complied with by the first of January. Mr. Warden stated that Staff had been studying this matter at some length and had attended several workshops to learn more about it. After working on duty schedules trying to see if the sixty -hour per week schedule could be met with present manning, it was decided that Staff would recommend to Council the hiring of an additional man at the Fire Department. It had been determined that the over -time which would have to be paid to present personnel would exceed the cost of another man. One additional man would cover the City in complying with the Act and maintain the present level of service. Mr. Warden explained in detail the twenty-eight day working per- iod. He also stated that the original intent of the Act was to create a need for hiring additional personnel. MOTION: Councilman Jennings moved that Staff be authorized to advertise and hire an additional Fireman. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. UNFINISHED BUSINESS B_1 ORDINANCE NO. '130. Ordinance -amending the Animal Ordinance. Mr. Warden stated that the proposed ordinance gives the County the authority to provide animal control within the City limits and provides for increasing license rates to $5.00 for altered animals and $10.00 for unaltered animals. Mr. Warden informed the Council that he had received several com- plaints from citizens objecting to the fact that the people who comply with the ordinance and control their animals are the ones who have to pay for those who don't control their animals. Mr. Warden said that the County's animal control ordinance goes into effect on January 8, 1975, however, if the Council reads this ordinance as a routine ordinance, which means it must go through first and second readings, the City's new rate 'structure will not go into effect until the middle of February. Thus, the City would have to sell dog licenses for the first month'and one-half at the present rate. Mr. Warden informed the Council that they do have the option of enacting this ordinance as an'urgency ordinance; however, he felt that MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 23, 1974 Page Five it should follow normal procedures since it is a somewhat contro- versial subject'and public input should be allowed. MOTION: Councilman Jennings moved that Ordinance No. 130 be read by title only. The motion was seconded by Mayor Donohoo and unanimously carried. Mr. Warden read Ordinance No. 130 by title only. MOTION: Councilman Jennings moved that this constitute the first reading of Ordinance No. 130. The motion was seconded by Councilman Brown and unanimously carried. B-2 RESOLUTION NO.'78=74. Resolution confirming canvass of Special Municipal Election MOTION: Councilman Jennings moved that Resolution No. 78-74 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 78-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 78-74. The motion was seconded by Mayor Donohoo and unanimously carried. B-3 RESOLUTION NO. '79=74. Resolution rescinding Resolution No. 55-74 approving assignment of Lease Site No. 18 from George F. Baier and Ronald F. Myers to Zeke's Wharf MOTION: Councilman Jennings moved that Resolution 79-74 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 79-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 79-74. The motion was seconded by Councilman Brown and unanimously carried. B=4 RESOLUTION NO. 80-74. Resolution accepting work and giving notice of completion for construction and installation of Job No. PW 74-026-33, Street Resurfacing Project MOTION: Councilman Jennings moved that Resolution No. 80-74 be read by title only. The motion was seconded by Councilman Brown and unan- imously carried. Mr. Warden read Resolution No, 80-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 80-74. The emotion was seconded by Councilman Brown and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular -Meeting ' December 23, 1974 Page Six NEW BUSINESS C-1 ' RESOLUTION NO.''81-74. Resolution accepting easement from David P. Vienna and Frances T- Vienna, Husband and Wife, and directing recordation MOTION: Councilman Jehnings'moved that Resolution No. 81-74 be read by'title'only. The motion was seconded -by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 81-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 81-74. The 'motion was seconded by Mayor Donohoo and unanimously carried. C-2 RESOLUTION NO."82=74. Resolution amending uniform procedures for withdrawal of funds from active and inactive accounts and rescinding Resolution No. 25-68. MOTION: Councilman Jennings moved that Resolution No. 82-74 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 82-74 by title only. MOTION: Mayor Donohoo moved for the adoption of Resolution No. 82-74. The motion was seconded by Councilman Brown. Mr. Warden explained that the reason for the change is so that one of the signatures on City checks can be a facsimile signature. State law requires that all general law City checks must have at least one "live" signature. Since the installation of the computer and the City preparing its own payroll checks, the requirement for two live signatures creates a timing and volume burden. This proposed procedure will alleviate that, but does not relax any of the controls or safeguards presently exercised over City'funds The motion was unanimously carried by roll call vote. C-3 Consideration of acquisition of property at 685 and 695 Harbor Street and 905 Piney Way Mr. Warden explained that the property located at the northwest corner of Harbor Street and Piney Way is the last area to be purchased in the city's community center plan. Mr. Warden requested a motion from Council to approve'purchase'at the appraised price of $50,000, plus escrow charges and any prepayment penalties. He also requested authorization to transfer funds. MOTION: Councilman Jennings'moved that Staff be directed to acquire'theproperty located at 685 and 695 Harbor Street and 905 Piney Way; also, that Staff be authorized to transfer funds in the 'amount of $50,000 plus escrow charges and pre -payment penalties to MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 23, 1974 Page SeDeri effect the 'purchase 'of this property.. The motion was seconded by .Councilman Pipitone'.' Councilman Mitchell wanted to point out that the City is pur- chasing this property at the 'appraised price and that the City will receive return on the}roperty in the'form of rent until the property is used for community center purposes. The motion was unanimously carried by roll call vote. INDIVIDUAL DETERMINATION'AND/OR'ACTION D-1 City Council (1) Councilman Mitchell asked Staff to look into the possi- bility of having a consent agenda at Council meetings. If any items scheduled on the'consent agenda needed more discussion by Council, those items could be pulled by individual Council members. Mr. Warden stated that he would look into the matter and report back to Council. (2)- Councilman Brown asked if the EIR from Standard Oil would be available before the Council's January 13th meeting. Mr. Warden stated that Standard Oil had informed him that it would be ready in time. D=2 City Attorney Mr. LeSage had nothing to report at this time. D-3 City Administrator (1) Mr. Warden stated that the monobuoy issue and the off -shore drilling issue are both scheduled for the January 13th meeting and each item could take as long as three hours. He suggested preparing a regular agenda and putting the monobuoy and off -shore drilling items on first and, if it is late when these items.are finished, Council can adjourn to the next evening to finish the regular business. Council concurred. (2) Mr. Warden stated that he had received a request from KSBY TV to film the January 13th meeting and they had stated they would try to be as unobtrusive as possible. There was discussion as to whether there would be enough room in the Recreation Hall to hold the equipment and the public. It was felt that the meeting should be held at the Veterans Hall. MOTION: Councilman Mitchell moved that the next regular meeting of the Council be held at the Veterans Building unless Staff determines that it is legally improper to do so. The motion was seconded by Councilman Jennings and unanimously carried. (3) Mr. Warden presented the Expenditure Report for the period December 1 through'15, 1974, for the'consideration of Council. E MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 23, 1974 Page Eight MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period December 1 through 15, 1974. The motion was seconded by Mayor Donohoo and unanimously carried. CORRESPONDENCE 1'. Letter from the'Leigue'of California Cities regarding a seminar on "Setting Policy Directions in Community Development". Councilman Jennings indicated that he would be interested in attending. 2. Letter from the Morro Bay Chamber of Commerce regarding combatting crime. MOTION: Councilman Jennings moved that the correspon- dence be filed. The motion was seconded by Councilman Pipitone and unanimously carried. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting be adjourned to executive session to discuss poss- ible litigation. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned to executive session at 10:52 p.m returned to regular session at 11:01 p.m. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Council- man Pipitone and unanimously carried. The meeting adjourned at 11:01 p.m. RECORDED BY: M.L. WARDEN City Clerk BY• �,� a," Ar ith Davis Deputy City Clerk and NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, December 9, 1974, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will reconsider amendments to the Sign Ordinance; at which said hearing any person interested may appear and express his views for, against, or in modification of said amendments. DATED: November 25, 1974 FRED R. DONOHOO, Mayor City of Morro Bay, California By:9 KM. L. WARDEN, City Clerk 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING December 9, 1974 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 25, 1974 2. Minutes of the executive meeting of November 25, 1974 3. Minutes of the special meeting of December 4, 1974 4. Minutes of the executive meeting of Decmeber 4, 1974 HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of Joseph Giannini representing Morro Bay Tomorrow concerning off -shore drilling A-2 Public hearing on amendments to the Sign Ordinance A-3 Status report on Animal Control Program UNFINISHED BUSINESS B-1 Resolution approving "Lease Site Map" for the City of Morro Bay NEW BUSINESS C-1 Outdoor sale of Christmas trees C-2 Consideration of South Main Street bicycle path and pedestrian walkway C-3 Review of Appearance and Design Element of the Coastal Plan INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence c MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 9, 1974 7:30 p.m, Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Donohoo with the Pledge of Allegiance.Councilman Brown gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell and Mayor Donohoo ABSENT: Councilman Pipitone MINUTES The minutes of the regular and executive meetings of November 25, 1974, and the special and executive meeting of December 4, 1974, were considered by the Council. MOTION: Councilman Jennings moved for the approval of the minutes. The motion was seconded by Councilman Brown and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of Joseph Giannini representing Morro Bay Tomorrow concerning off -shore drilling. Mr. Giannini gave the Council a brief history of blasting and drilling for oil exploration work off the coast of California, Wash- ington and Oregon. He stated that Morro Bay Tomorrow is joining in the effort to halt off -shore drilling along the California coastline. Twenty=three cities from Santa Barbara to San Diego have taken an official stand against this drilling. They are very concerned with what it does to the marine life. Councilman Brown stated that the League of California Cities had passed a resolution at their annual meeting opposing off -shore drill- ing along the entire coast of California. There was considerable discussion on this matter. It was noted that the Board of Supervisors did not take any action on it because they had not officially been asked to. MOTION: Councilman Mitchell moved that Council take a Position in opposition to off -shore drilling off the coast of -San Luis Obispo County and direct Staff to prepare a resolution to this effect to be presented at the next regular Council meeting. The motion was seconded by Councilman Brown. The motion failed on the following roll call vote: AYES: Councilmen Brown and Mitchell NOES: Councilman Jennings and Mayor Donohoo ABSENT; Councilman Pipitone Mayor Donohoo stated that he 'is -not in favor of the mmotion because he would like to hear the"other side of the 'story as well. Councilman Jennings felt that the'action on this matter should be taken at the same time'the Council takes a position on the monobuoy. This matter is scheduled for discussion at the January 13th'meeting of the Council. MINUTES - MORRO BAY CITY COUNCIL December 9, 1974 7:"30 p.m. Page Two Councilman Mitchell stated that since the League of California Cities and twenty-three other cities have taken a position in this matter, he doubts very much if there is another side to the issue or if anyone would speak in favor of it. MOTION: Councilman Mitchell moved that this matter be placed on the agenda for January 13, 1974, for hearing and determination by the Council at that time. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Giannini expressed disappointment that the Council did not see fit to support opposition to off -shore drilling at this time. A-2 Public hearing on amendments to the Sign Ordinance Mr. Ray Jones, temporarily employed by the City's Planning Department, presented slides outlining the non -conforming signs presently existing within the City. Mr. Warden stated that this matter had been brought back at the request of Councilman Brown and Staff had nothing further to add other than what has previously been presented to Council. Councilman Brown stated that with regard to the proposed changes in the Sign Ordinance, he was not in favor of the limitation of twenty feet for signs on the Embarcadero. Since this is a PD Zone, the Planning Commission can effectively control sign heights in this area. He was, however, in favor of the change in the amortization period for non -conforming signs in the City. He feels that the present ordinance allows too long a period, ten years, to delete such signs as sandwich board and wind signs. Councilman Mitchell asked for a clarification between illegal and non -conforming signs. Mr. Jones explained that an illegal sign is a sign erected after the ordinance went into effect and non -conforming is a sign erected before the ordinance went into effect. Councilman Mitchell stated that he disagreed with the proposed change in the amoritization period because people had adjusted themselves to an amortization period adopted by Council two years ago and had accepted it. He felt that the Council could again change the amortization period in another two years if they felt like it and he doubted the people could depend on anything in that case. He also disagreed with the proposed changes in that the Building Official would determine what "acceptable visual standards" are with regard to all signs. He did not, however, object to the twenty foot height limitation on the Em- barcadero. Mayor Donohoo declared the public hearing open at 8:24 p.m. Comments in opposition to the proposed changes were heard from Vernon Crass and Mr. Spencer. Mr. Waldham of Bay Appliance was concerned with the fact that he cannot have his sign display his pro- duct. It was noted that this provision of the ordinance is presently in effect and not a matter for Council discussion at this time. There was some discussion held regarding product signs and Mr. Nuzum stated that the Planning Commission interprets the ordinance to mean that no MINUTES - MORRO BAY CITY COUNCIL December 9, 1974 7:30 p.m. Page Three product signs can be displayed. MOTION: Councilman Brown moved that Council direct Staff to prepare an 'amendment to the Sign Ordinance deleting the portion on page two of the proposed changes referring to a twenty foot limitation of signs on the Embarcadero; also delete the last paragraph on page three beginning with "All signs shall conform to acceptable visual standards." The motion died for lack of a second. MOTION: Councilman Jennings moved that Council drop the issue of proposed revisions to the Sign Ordinance. The motion was seconded by Councilman Mitchell and unanimously carried by roll call vote. RECESS: 8:45 p.m. RECONVENED: 8:55 p.m. A-3 Status report on Animal Control Program Mr. Warden stated that the Council has previously gone on record as wishing to participate in a County -wide animal control program. The decision Council must make tonight is whether they wish to make the program basically self-sustaining or to support it out of General Fund revenues. The City presently charges $2.00 for an altered female, $4.00 for an unaltered female, $1.50 for an altered male and $3.00 for an unaltered male for licensing. The County is proposing charging $5.00 for an altered animal and $10.00 for an un- altered animal. It is felt that this increase in fees will help in making the program self-sustaining. With the present fee schedule the City collects approximately $1900 per year from selling licenses and pays out approximately $7,000 a year for Woods Animal Shelter services. Councilman Mitchell felt that the program should be as self- sustaining as possible. MOTION: Councilman Mitchell moved that Staff be directed to indicate to the Board of Supervisors that the City chooses to go along with the $5.00 and $10.00 license 'fees. The motion was seconded by Councilman Jennings and unanimously carried. UNFINISHED BUSINESS B-1 RESOLUTION NO. 77-74. Resolution approving "Lease Site Map" for the City of Morro Bay MOTION: Councilman Jennings moved that Resolution No. 77-74 be read by title only. The motion was seconded by Councilman Brown. Mr. Warden had two corrections to offer to the resolution. In the first paragraph the words "dated November, 1974 consisting of thirteen sheets" should be added after "Lease Sites Map". The same change should applyfor paragraph four. Council concurred in these recommended changes. MINUTES - MORRO BAY CITY COUNCIL December 9, 1974 7:30 p.m. Page Four The motion was unanimously carried.' Mr. Warden read Resolution No. 77-74 by title only. MOTION: Councilman Jennings moved for the 'adoption of Resolution No. 77-74. The motion was seconded by Councilman Brown and unanimously carried. NEW BUSINESS C-1 Outdoor sale of Christmas trees Mr. Warden informed the Council that Mor-Macs Market is selling Christmas trees in the vacant lot adjacent to their store. This is against zoning regulations and requires a Use Permit. It should be noted that Mor-Macs Market has been selling Christmas trees in front of their store for the past two years without citation by the City. The owners of the store feel that the fact that they had not been cited previously for this violation should eliminate the necessity for citation at this time. They indicate that now that they are aware of the law, they will obtain a Use Permit in the future for the sell- ing of Christmas trees as outdoor retail sales. The options in this matter are to either cite the store for violation of the Municipal Code or require application for a Use Permit. In either case, the outcome would not be conclusive until after the Christmas season, at which time the trees will no longer be offered for sale. MOTION: Councilman Jennings moved that Council direct Staff to advise More -Macs Market that they are in violation of the C-1 provisions of the Zoning Ordinance and will have'to comply with:ithis ordinance in the future. The 'motion was seconded By Councilman Brown. Mr. Warden noted that the Planning Commission had recommended that the operator be cited for violation of the Municipal Code. Mr. Giannini brought up the fact that the Boy Scouts sell Christmas trees and Mr. Warden stated that the Boy Scouts are a non- profit organization and there are provisions for them in the ordinance. Mr. Delbert Clegg, one of the owners of Mor-Macs Market stated that Safeway has also been permitted to sell Christmas trees in front of their store in past years. He did not feel he should be penalized because of the City's negligence to cite him previously. The motion was unanimously carried. C-2 Consideration of South Main Street bicycle path and pedestrian walkway Mr. Warden stated that this matter had been presented to the Planning Commission first as a bicycle path on the westerly side of the street and a pedestrian walkway on the easterly side. After dis- dussion of this matter, the Planning Commission had recommended and MINUTES - MORRO BAY CITY COUNCIL December 9, 1974 7:30 p.m. Page Five approved a combination bicycle and pedestrian path on the westerly side of the street. Subsequent to that approval, Mr. Warden had been informed by the City Attorney that there may be some legal ramifications in this configuration because the City will, in effect, be inviting pedes- trians and bicyclists to ride and walk on the same side of the street, thus possibly creating a hazard. Mr. McLennan from Pacific Engineers outlined the proposed bicycle and pedestrian pathway which is located on Main Street from Olive to Kern Avenues. There was considerable discussion, comments and questions from Staff and Council members. Comments were heard from Ralph Peters, David Myrick, Dorothy Cutter, Gladys Wells, Warren Bunting, Robert Dunn, and Roberta Kelley; all property owners in the area of the pro- posed project. Some of the property owners favored a combination . pathway for bicycles and pedestrians, some favored only a pedestrian way, and some were against the project as a whole. Mrs. Wells was in favor of the project. There was discussion regarding costs estimates and Mr. McLennan stated that an eight foot bicycle/pedestrian? pathway on one side of the street would cost below the presently budgeted $42,000 for the project.' Councilman Mitchell felt that the Council should go along with the Planning Commission's recommendations. There was considerable discussion regarding the City's liability by creating a hazard. It was felt that this could be alleviated by proper signing. MOTION: Councilman Jennings moved that Council approve, in concept, the Planning Commission's recommendation in this matter. The motion was seconded by Council- man Mitchell. It was noted that approval was also necessary for Staff to proceed with the plans and specifications on this project and go to bid. Councilman Jennings amended his motion to include that Staff be directed to begin with the engineer- ing, specifications and bidding on this project. The amendment was accepted by Councilman Mitchell and carried with Mayor Donohoo voting no. C-3 Review of Appearance and Design Element of the Coastal Plan Mr. Jim Nuzum explained that this is one of the Elements of the Coastal Plan heard in Morro Bay by the South Central Regional Com- mission. Councilman Jennings, Mr. Warden, and he had all spoken against the element with respect to the design and review boards and the requirement for a design element in the City's general plan. It is Staff's feeling that these"matters should be under the control of the City's elected officials. Councilman Mitchell felt that the Plan as a whole is well written, however, he did feel that it should be written into the plan • 0 MINUTES - MORRO BAY CITY COUNCIL December 9, 1974 7:30 p.m. Page Six that local zoning ordinances will be'complied with respect to en- forcing the Plan. Councilman Jennings disapproved of the Plan and felt that the Council should forward a letter to the'Coastal Commission voicing their objections. He also felt that it was very poor planning for the City to receive the proposed plan on December 2 when the Commission con- sidered it on December 3rd. MOTION: Mayor Donchoo moved that Staff write a letter to the Coastal Commission in opposition to the Appearance and Design Element of the Coastal Plan in accordance with Mr. Nuzum's memorandum of December 4, 1974. The motion was seconded by Councilman Brown and carried with Councilman Mitchell voting no. Councilman Mitchell stated that he voted no because he does not know what the letter will say. INDIVIDUAL DETERMINATION 'AND/OR ACTION D_1 City Council (1) Councilman Mitchell brought up the fact that P. G. & E. is supposed to be painting their tanks in Morro Bay and that this has not been accdmplished. Councilmen Jennings and Brown stated that P. G. & E. is currently working on this. D=2 City Attorney Mr. LeSage requested a brief executive session to discuss a litigation matter. D-3 City Administrator (1) Mr. Warden presented the Expenditure Report for the period November 1 through 15, 1974, for the consideration of Council. MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period November 1 through 15, 1974. The motion was seconded by Councilman Mitchell and unanimously carried. (2) Mr. Warden presented the Expenditure Report for the period November 16 through 30, 1974, for the consideration of Council. MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period November 16 through 30, 1974. The motion was seconded by Councilman Brown and unanimously carried. CORRESPONDENCE 1. Copy of a letter Morro Bay Tomorrow sent to the Los Angeles Mayor's Office regarding off -shore drilling. MINUTES - MORRO BAY CITY COUNCIL December 9, 1974 7:30 p.m. Page Seven 2. Letter from the Morro Bay Convalescent Center thanking the Council for their support in the 1975 Health Facility Plans. 3. Letter from Mrs. Velma Day urging use of Diablo Canyon desalinized water or source for City water. MOTION: Councilman Mitchell moved that the correspondence be'filed. The motion was seconded by Councilman Jennings and unanimously carried. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting adjourn to executive session. The motion was seconded by Councilman Brown and unan- imously carried. The meeting adjourned to executive session at 10:50 p.m. and returned to regular session at 11:02 p.m. MOTION: Councilman Jennings moved that a window be installed in the City Hall Conference Room. The motion died for lack of a second. MOTION: Councilman Jennings moved that the meeting adjourn: The motion was seconded by Mayor Donchoo and unan- imously carried. The meeting adjourned at 11:03 p.m. RECORDED BY: M. L. WARDEN City Clerk Ardith Davis Deputy City Clerk 9 f NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Wednesday, Decem- ber 4, 1974, at 7:30 p.m., in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California; to consider applicants for the position of Planning Commissioner for the City of Morro Bay. DATED: December 2, 1974 FRED R. DONOHOO, Mayor , City of Morro /Bay; California By:, M.M. L. WARDEN, City Clerk 0 MINUTES - MORRO BAY CITY COUNCIL Special Meeting December 4, 1974 7:30 p.m. City Hall Conference Room The meeting was called to order at 7:30 p.m. by Mayor Donohoo PRESENT: Councilmen Brown, Mitchell, Pipitone and Mayor Donohoo ABSENT: Councilman Jennings It was noted that the meeting had been called for the purpose of interviewing applicants for positions on the Planning Commission which will expire December 31, 1974. COUNCILMAN JENNINGS WAS PRESENT AT 7:40 p.m. MOTION: Mayor Donohoo moved that the meeting adjourn to executive session for interviewing appli- cants for Planning Commissioner. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned to executive session at 7:40 p.m. and returned to regular session at 10:15 p.m. MOTION: Councilman Pipitone moved that Eugene V. Greenelsh be reappointed to a four year term as Planning Commissioner. The motion was seconded by Councilman Jennings and unanimously carried. MOTION: Councilman Jennings moved that Thomas R. Cantine be appointed to fill the four year term on the Planning Commission. The motion was seconded by Councilman Pipitone and carried on the following voice vote: AYES: Councilmen Brown, Jennings and Pipitone NOES: Councilman Mitchell and Mayor Donohoo After discussion, Council made the following motion: MOTION: Councilman Jennings moved that the vote in favor of Thomas R. Cantine be a unanimous decision by the Council. The motion was seconded by Councilman Brown and unanimously carried. MOTION: Councilman Jennings moved that the meeting adjourn. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned at 10:20 p.m. RECORDED BY: W. L. WARDEN City Clerk 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING November 25, 1974 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 11, 1974 2. Minutes of the executive meeting of November 11, 1974 HEARINGS, APPEARANCES AND REPORTS A-1 Report of City Administrator on status of Centennial Stairway fund UNFINISHED BUSINESS B-1 Bay Ambulance request for emergency subsidy B-2 Consideration of negotiating a new lease with Bickford B-3 Bids for remodeling Fire Station No. 2 to serve as a Senior Citizens Center B-4 Approval to proceed with preparation of plans and speci- fications for chlorine residual analyzer B-5 Resolution accepting work and giving notice of completion for construction of Job No. PW 74-007-36 - Water main on Zanzibar Street, Yerba Buena Street and Beachcomber Drive NEW BUSINESS C-1 City participation in the Comprehensive Employment and Training Act C-2 Consideration of claim of Charles B. Gonzales, Sam W. Berry, and Henry L. Battle C-3 Consideration of claim of D. L. Reich for property damage C-4 Review of comparative management salary scales in San Luis Obispo County INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence 0 MINUTES - MORRO BAY Regular Meeting November 25, 1974 Morro Bay Recreation CITY COUNCIL 7:30 p.m. Hall The meeting was called to order at 7:30 p.m. by Mayor Donohoo with the Pledge of Allegiance. Councilman Brown gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None MINUTES The minutes of the regular and executive meetings of November 11, 1974, were considered by the Council. MOTION: Councilman Jennings moved for the approval of the minutes. The motion was seconded by Councilman Brown and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Report of City Administrator on status of Centennial Stairway fund Mr. Warden informed the Council that on November 11, 1974, the Centennial Stairway Committee had made a check out to the City in the amount of $5,700 to be used in the construction of the Centennial Stairway. To date, there is $13,676.45 in the fund which represents approximately 1/3 of the total cost of the proposed project. The Centennial Stairway Committee is continuing in its efforts to raise funds for this project. UNFINISHED BUSINESS B-1 Bay Ambulance request for emergency subsidy Mr. Warden stated that the Council had approved extending the subsidy to Bay Ambulance Service to this meeting date at which time the Council was to be presented with information concerning the County's actions in this matter. The County Board of Supervisors had referred this matter to the County Emergency Medical Care Committee for de- veloping proposals for a County ambulance subsidy. The Committee was given a two month period in which to study the matter. The County Board of Supervisors approved adding $300 to their present subsidy of $169 for the two month period. At the end of the two month period, definitive information should be available regarding a total County ambulance service operation. It is recommended that the City continue their $800 subsidy for the period involved in the County study. MOTION: Councilman Jennings moved for the approval of the continuation of the $800 subsidy to Bay Ambulance Service for a two month period during which recommendations will be developed by the County. The motion was seconded by Councilman Brown. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - November 25, 1974 Page Two Councilman Mitchell asked how Morro Bay's subsidy compared to the rest of the County and Mr. Warden replied that it is basically on a 60/40 basis. The motion was unanimously carried by roll call vote. B-2 Consideration of negotiating a new lease with Bickford Mr. Warden stated that Council is in receipt of recommendations by the Public Works Committee and maps delineating the proposed sewer plant expansion to enable them to make a decision in this matter. The Public Works Committee recommended that the City ne- gotiate a lease with Mr. Bickford for a period of ten years in addition to the three years remaining on his present lease. The property occupied by Mr. Bickford will not be needed by the City during the next ten years for expansion of the sewer plant. Some area will be needed on the property occupied by Morro Dunes under a Use Permit, however, this will be needed in any case. MOTION: Councilman Jennings moved that the City negotiate a lease with Mr. Bickford for a period of ten years in addition to the three years remaining in the present lease. The motion was seconded by Council- man Pipitone. Councilman Mitchell asked about alternative expansion proposals and Mr. Warden explained that the proposals presented by Carollo Engineers are their recommended alternatives since they require the least amount of construction for the expansion. The motion was unanimously carried. B-3 Bids for remodeling Fire Station No. 2 to serve as a Senior Citizens Center Mr. Warden stated that the Public Works Department has secured informal bids for remodeling Fire Station No. 2 and the low bid submitted by Morro Bay Construction Co. was in the amount of $5,205. The maximum the City can award on informal bids is $3500, so it will be necessary to go to formal bid on this project. Mr. Warden felt that this project should be combined with the remodeling of the Letezia property for a Teen Center, thereby processing both bids at: the same time. He asked for Council concurrence in this matter. The remodeling of the Teen Center by itself will also exceed the $3500 limit for informal bids. MOTION: Councilman Jennings moved that Staff be directed to combine the two projects and ask for one bid in the usual bid procedure. The motion was seconded by Mayor Donohoo. There was discussion regarding the proposed civic center plan and it was determined that construction of this project was some five to ten years in the future. Councilman Mitchell inquired as to the effectiveness of re - manning of the Fire Department with Fire Station No. 2 as a volunteer station only. Chief Stephens stated that the plan has worked very well; in fact, after the first of the year the City would be unable to operate Fire Station No. 2 under the present manning force because MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - November 25, 1974 Page Three of the Fair Labor Standards Act requirements. Mrs. Keiser and Mr. Goldman of the Morro Bay Senior Citizens, Inc., informed the Council what the center will be used for. The motion was unanimously carried. B=4 Approval to proceed with preparation of plans and specifications for chlorine residual analyzer. Mr. Warden stated that the Council has previously approved the funds for this project., however, Staff needs specific approval for engaging Carollo Engineers to perform the engineering aspects of the project. MOTION: Councilman Jennings moved that Staff be authorized to enter into negotiations with Carollo Engineers for engineering of the chlorine residual analyzer project. The motion was seconded by Councilman Pipitone and unanimously carried. B-5 RESOLUTION NO. 76-74. Resolution accepting work and giving notice of completion for construction and installation of Job No. PW 74-007-36 - Construction of water main on Zanzibar Street, Yerba Buena Street and Beachcomber Drive in the City of Morro Bay, California MOTION: Councilman Jennings moved that Resolution No. 76-74 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 76-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 76-74. The motion was seconded by Councilman Pipitone and unanimously carried. NEW BUSINESS C-1 City participation in the Comprehensive Employment and Training Act Mr. Warden informed the Council that CETA is a federally funded program which provides payment of salaries and benefits for the training of certain categories of workers such as the handicapped, high school dropouts, veterans and retraining of persons with obsolete skills. If the City participates in this program, the people would re- ceive on-the-job training. The City would follow normal hiring practices and if a vacancy becomes available, the first opportunity to fill the vacancy must be given to the CETA trainee, if he is qualified. Mr. Warden highly recommended the City's participation in this project. 0 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - November 25, 1974 Page Four MOTION: Councilman Jennings moved that the 'City agree to participate in the CETA program and direct Staff to initiate the necessary arrangements to do so. The motion was seconded by Councilman Brown and unanimously carried. C-2 Consideration of claim of Charles B. Gonzales', Sam W. Berry, and Henry L. Battle Mr. LeSage'explained that this is a class action suit to recover certain funds the City receives from fines imposed throughout the State. He recommended that the claim be denied. MOTION: Councilman Mitchell moved that the claim of Charles B. Gonzales, Sam W. Berry, and Henry L. Battles be denied. The motion was seconded by Councilman Brown and unanimously carried. C-3 Consideration of claim of D. L. Reich for property damage Mr. Warden explained that a summer employee of the City had parked her car near the treatment plant when maintenance painting was being conducted. The claim submitted is for the charges involved in cleaning the automobile of this paint. He recommended that :the claim be denied. MOTION: Mayor Donohoo moved that the claim of D. L. Reich be denied. The motion was seconded by Councilman Jennings and unanimously carried. RECESS: 8:05 p.m. RECONVENED 8:13 p.m. C-4 Review of comparative management salary scales in San Luis Obispo County Mr. Warden stated that pursuant to Council's direction, they had been provided with comparative management salary scales within the County for their review and/or action. MOTION: Councilman Jennings moved that, in view of the comparative study, the salary of City Administrator be increased to $1942 per month. The motion was seconded by Mayor Donohoo. Mr. Carl Ansberry spoke in opposition to the increase citing Measure B passed by the County with regard to comparative salaries for cities of like population and economic structure. He felt that inflation had gotten out of hand and should stop somewhere. Council members discussed the increase for the City Administrator stating that they were considering the increase for the position, not for the person in the position. In comparing the salaries throughout the County, Morro Bay's City Administrator is very low and, accordingly, needs adjusting. All Council members were of the opinion that the increase is justified. Councilman Jennings amended his motion to include that the increase be effective December 1, 1974. The amendment was accepted by Mayor 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - November 25, 1974 Page Five' Donohoo and the motion was unanimously carried. INDIVIDUAL DETERMINATION 'AND/OR ACTION D-1 City Council (1) Councilman Mitchell expressed the opinion that the Council should take a position for or against the proposed Standard Oil monobuoy project. He felt that Morro Bay had more concern for this project than any of the other incorporated cities and needs to take a definite stand. He requested that the matter be placed on the agenda, properly noticed, and that the various parties involved be invited to make a presentation. It should also be made clear that the City Council intends to take a position at the conclusion of the meeting regarding the project. MOTION: Councilman Mitchell moved that the matter of the Standard Oil proposed monobuoy project be placed on the City Council agenda for January 13, 1975, with proper notification. Council members discussed this proposal and agreed Council should take a position one way or another on the however, Councilmen Jennings and Brown felt that perhaps should wait until the EIR has been prepared and heard by Commission. Councilman Mitchell stated that the Council the matter and make a policy determination for Planning direction; the Council need not concern itself with the aspects of the EIR. Mr. LeSage stated that the Council hear this matter for a policy determination. Councilman Mitchell amended his motion to include that this matter is being placed on the agenda with the understanding that the Council intends to take a position for or against the proposal at the conclusion of the hearing. The motion was seconded by Councilman Pipitone and carried on the following roll call vote: that the project, the Council the Planning could hear Commission technical could rightly AYES: Councilmen Brown, Mitchell, and Pipitone and Mayor Donohoo NOES: Councilman Jennings (2) Councilman Brown discussed the Council agenda mailing list and was of the opinion that it is not necessary to mail these to Council members. Council concurred with the exception of Councilman Mitchell, who requested that agendas continue to be mailed to him. D_2 City Attorney Mr. LeSage requested that Council adjourn to executive session at the conclusion of the meeting to discuss possible litigation matters. D_3 City Administrator (1) Mr. Warden stated that he was in receipt of the resignation 0 i MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - November 25, 1974 Page Six of Dr. Dudley V. Johnson, Jr. as City Chaplain. Mr. Warden was directed to contact the Ministerial Association and request that they appoint another of their members to perform this function. (2) Mr. Warden informed the 'Council that there is to be a Regional Transportation Technical Advisory Committee meeting on Tuesday, November 26, 1974, at 1:00 p.m. in the Courthouse Annex. (3) Mr. Warden informed the Council of a SLO County and Cities Area Planning Coordinating Council meeting to be held at 1:00 p.m., December 3, 1974, in Conference Room A, Courthouse Annex. (4) Mr. Warden reported on efforts to lease property from the Estero Bay Methodist Church for a park. Mr. LeSage is presently looking into the legal aspects of this and the matter will be brought back to the Council for determination. (5) Mr. Warden showed the Council a lease site map which Staff had been working on for some time. He stated that this map has all the lease sites.in the City on it and can be referred to instead of having to go to several different documents as has been the case in the past. He stated that he will be bringing a resolution for Council to pass declaring this map as the official lease site map of the City. It will not be a legal document and cannot be recorded, however, since it does not qualify as a parcel map. (6) Mr. Warden presented the Financial Report for the period Council. July 1, through October 31, 1974, for the consideration of MOTION: Councilman Jennings moved for the approval of the Financial Report for the period of July 1, through October 31, 1974. The motion was seconded by Mayor Donohoo and unanimously carried. (7) Mr. Warden presented the Expenditure Report for the period October 16 through 31, 1974, for the consideration of Council. MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period October 16 through 31, 1974. The motion was seconded by Mayor Donohoo and unanimously carried. (8) Mr. Warden reported that the Cambria Water District will be using the City's computer for their water billing and will be paying the City for the use of the machine. CORRESPONDENCE 1. Letter from the Morro Bay Chamber of Commerce thanking City forces for their cooperation during the Gibralter of the Pacific Jubilee Festivities. 2. Letter from the Arroyo Grande High'School inviting the City to attend their Biannual Public Service Occupations Fair i 46 MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL - November 25, 1974 MOTION: Mayor Donohoo moved that the correspondence be filed. The motion was seconded by Council- man Jennings and unanimously carried. ADJOURNMENT Mr. Warden asked Council to adjourn to executive session for discussion of possible litigation matters. MOTION: Mayor Donohoo moved that the meeting adjourn to executive session to discuss litigation matters. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned to executive session at 9:05 p.m. and returned to regular session at 9:34 p.m. Mr. Warden stated that the County of San Luis Obispo is pro- posing a joint venture whereby the Safety, Noise and Scenic Highways Elements of the General Plan will be prepared on a county -wide basis. In order for the City of Morro Bay to participate in this project, it is necessary to obtain an amendment to the present contract with Owen Menard and Associates who are currently scheduled to prepare these elements for the City. Mr. Warden feels that Owen Menard and Associates will agree to the amendments and asked Council concurrence in the matter. MOTION: Councilman Jennings moved that Staff be directed to contact Owen Menard & Associates to drop the Safety, Noise and Scenic Highways Element of the proposed General Plan from their contract with the City and that the City con- tract with the County for these elements. The motion was seconded by Mayor Donohoo and unan- imously carried. MOTION: Councilman Jennings moved that the meeting adjourn. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 9:36 p.m. RECORDED BY: M. L. WARDEN City Clerk Ardith Davis Deputy City Clerk a CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING November 11, 1974 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, 1974 2. Minutes of the executive meeting of October 29, 1974 HEARINGS, APPEARANCES AND REPORTS A-1 Status report from John Carollo Engineers on wastewater reclamation project UNFINISHED BUSINESS B-1 Emergency subsidy for Bay Ambulance Service B-2 Set date to interview applicants for Planning Commission position B-3 Reallocation of Revenue Sharing Funds NEW BUSINESS C-1 Request of June G. Cunningham for waiver of provisions in Resolution No. 30-74 - Harbor Ordinance Rules,and Regulations C-2 Consideration of applying for surplus property - Morro -Marina alley, sewer line easement C-3 Consideration of bids for Police Station remodeling project 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 November 11, 1974 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Donohoo with the Pledge of Allegiance. Councilman Brown gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None MINUTES The minutes of the regular and executive meetings of October 29, 1974, were considered by the Council. MOTION: Councilman Jennings moved for the approval of the minutes. The motion was seconded by Councilman Pipitone and unanimously carried. A-1 Status report from John Carollo Engineers on Wastewater Reclamation Project Mr. Harvey Hunt from John Carollo�Engineers was present to bring the Council up to date on the status of the reclamation project. He stated that when last before the Council, he had proposed four alter- natives for the City's water problem: (1) A complete reclamation system which would include the golf course, the agricultural users and a reservoir at the proposed E1 Chorro Regional Park. The cost for 1975 construction of this project would be approximately $2.9 million. (2) A modified reclamation project which would include the golf course and the agricultural users. This was not recommended since it would not use all the wastewater and an ocean outfall would also be needed to dispose of the surplus wastewater. Also, this project only has a life expectancy of about five years at which time it would have to be extended or an alternative measure found. (3) A total ocean outfall project which would cost approximately $3.4 to $4.7 million. (4) No action at all. Carollo Engineers had recommended the total reclamation project and the hiring of Dr. John Mann to study the underground water basin of Morro Bay to see what the impact of reclamation would be on the basin. At the time of this recommendation, Council had given concept approval to the total reclamation project and approved the hiring of Dr. Mann for a study of the underground waters. The City proceeded along these lines to secure approval from the State which was not forthcoming due to various questions requiring answers from the City before approval. On October 15th a meeting was held between Larry Walker of the State Board and Ken Jones of the Regional Board and the City of Morro Bay. The State indicated at that time that they would approve a modified reclamation project if the City could get the agreement of the proposed agricultural users under a twenty year use contract. Another alternative proposed by the State was for the City to apply for a Step 1 Grant which, if approved, would provide funds for the investigation and report of a total reclamation project. It was noted MINUTES - MORRO BAY CITY COUNCIL November 11,1974 7:30 Page Two that the City would have to supply an extensive report on the affect of wastewater through ocean outfall. This will eventually have to be done no matter which way the 'City finally goes with 'their waste- water since the City must show a comparison between wastewater disposal on land and in the 'water, and would be required for eval- uating any ocean outfall work. If the City applies for the Step 1 Grant, a Plan of Study must be submitted to the State for approval. If approved, 87 1/2% of the monies spent on the study will be refunded. To date, a total of $30,000 has been spent and it is estimated that it will cost be- tween $50,000 and $100,000 for the oceanographic study, plus additional engineering expenses in the order of $25,000 to $40,000. The total would be between $105,000 and $170,000 of which 87 1/2% would be refundable to the City. Carollo Engineers is recommending that Council choose the Step 1 Grant application route at this time. It is estimated that the oceanographic and outfall studies will take from six months to one year to complete, due to the need for gathering data during all seasons of the year. Mr. Jim Emanuel reviewed the various supplemental water supplies which could be available to the City. One is the Nacimiento Water Supply Project which failed to pass in the November election but which may be brought forth again in March 1975'for voter consideration. Because of the delay, it would be 1980 before the City could receive water from the system. Another possible water source is the contemplated State Water Project which is planned for delivery in 1985, however, it will probably not be constructed that soon. In a 1972 report, John Carollo Engineers mentioned the possi- bility of a well on the sand spit. In Dr. Mann's studies he also came up with this possibility, however, it was noted that there are several problems involved with attempting to locate a well in this area; one being the consent of the various governmental agencies involved. Another is that there is no guarantee of e,3 water once a well is located, however, there does appear to be a good possibility of it. The Engineers had also looked at the possibility of extra water from various creek run-offs, but there are no flow records to indicate the quantity of water available; consequently, the question of theta sufficiency of these resources is problematical. The City's wells presently produce 1500 acre feet of water and it is estimated that the City will need 5,000 acre feet, or an additional 3500 acre feet of water by 1980 on. The anticipated production of the various sources are as follows: Nacimiento Water Supply Project 3,000 acre feet Wastewater Reclamation - Total Project 1,200 to 1500 acre feet Wastewater Reclamation - Modified Project 800 to 1100 acre feet State Water Project 3,500 acre feet (what- ever the City needs) Sand Spit Well 350 to 700 acre feet MINUTES - MORRO BAY CITY COUNCIL November 11, 1974 7:30 p.m. Page 'Three Mr. Warden stated that the Staff can begin working on some of the no cost items, i.e., contacting the various agencies involved to determine the possibility of the City using the'sand spit or a water well site. What the Council should do this evening, if they agree with the report by Carollo Engineers, is to direct Staff to proceed with the preliminary steps necessary to secure a Step 1 Grant which would be the preparation of a Plan of Study for the State's approval. Councilman Mitchell stated that he would have 'liked to have a written report on this evening's presentation to study before making a decision. Mr. Hunt stated that the Council would be provided with the Plan of Study before it is presented to the State so that they (the Council) can give their approval. MOTION: Mayor Donohoo moved that Staff proceed with the development of the Plan of Study to be presented to the Council. The motion was seconded by Councilman Jennings and unanimously carried. UNFINISHED BUSINESS B-1 Emergency subsidy for Bay Ambulance Service Mr. Warden stated that the Council had, in September, approved a ninety -day subsidy of $800 per month to Bay Ambulance Service. That period o,f time was to allow Mr. Gallo, representing Bay Am- bulance Service, to meet with the County and discuss with them an additional subsidy for Bay Ambulance Service. Mr. Gallo had in- formed Mr. Warden that he was unable to present any information to the Council at this meeting, but would be prepared to discuss the matter at the meeting on November 25th. Meanwhile, the time period for the City's subsidy to Bay Ambulance Service had expired and Staff needed Council approval to provide the Ambulance Service with any additional subsidy. MOTION: Councilman Jennings moved that the $800 subsidy to Bay Ambulance Service be ex- tended to November 25, 1974. The motion was seconded by Councilman Brown and unanimously carried. B-2 Set date to interview applicants for Planning Commission position Mr. Warden stated that the date for final application for the open positions of Planning Commissioner had been November 8th and six applications had been received. Mr. Greenelsh had indicated his desire to be reconsidered for the position and Mrs. Woll had declined. Councilman Jennings asked if Staff would accept any more appli- cations as he had received inquiries to this nature. Mr. Warden stated that additional applications would be considered if Council so desired, however, they must be turned in as soon as possible as Staff will attempt to set up the interviews in accordance with Council action this evening. Council members set December 4, 1974, at 7:30 p.m. in the City. MINUTES - MORRO BAY CITY COUNCIL November 11, 1974 7:30.p.m. Page Four Hall Conference Room to interview applicants and directed that additional applications, if received, be'considered. B-3 Reallocation of Rederiue'Sharing Funds Mr. Warden informed the Council that under the Federal Revenue Sharing law certain bookkeeping procedures must be followed with regard to the expenditure'of funds. Also, compliance with the Davis -Bacon Act for labor must be dealt with. The'Council had previously determined not to spend monies on the building of a one million gallon water storage tank and to put these funds against financing the wastewater reclamation project. Due to this and other allocations made by Council previously and outlined in the memo Council was in receipt of, Staff was recommending that $99,779 of the 1973-74 Revenue Sharing monies be put against the following projects: Atascadero Phase II main, painting Kings Street tanks, and payment of the hydraulic sewer cleaner. Staff also recommended that funds from Revenue Sharing be placed against the installation of a chlorine residual monitoring device to comply with State Water Quality Control Board standards. This will cost approximately $11,500. Any additional funds from 1973-74 Revenue Sharing could be held in abeyance for future allocation. MOTION: Councilman Jennings moved that the Revenue Sharing monies budgeted for the 1973-74 Fiscal Year be allocated as follows: $90,056 for the Atascadero Phase II main, $6,500 to paint the Kings Street tanks and $3,223 for payment of the hydraulic sewer cleaner. Also, that Revenue Sharing funds be used to install and purchase a chlorine residual monitoring device, and the remainder of the funds be held in abeyance for future allocation. The motion was seconded by Councilman Brown and unanimously carried. NEW BUSINESS C-1 Request of June G. Cunningham for waiver of provisions in Resolution No. 30-74 - Harbor Ordinance Rules and Regulations Mr. Warden stated that he was in receipt of a request from June G. Cunningham for a waiver of rules and regulations for the City "T" Pier that state vessels are allowed to dock for a maximum of seven. days in any one thirty day period. She is requesting a three-year waiver to enable her and her husband to complete the fitting out of their vessel. Council members discussed this and felt that they could not allow a three year waiver on this, since the purpose of the ordinance is to keep the City "T" Pier for transient vessels. It was noted that Council could approve a waiver for a lesser period of time since the rules and regulations are set by resolution; this would not re- quire an amendment to the ordinance. MOTION: Councilman Jennings moved that Council approve a three month waiver to the resolution for Mr. and Mrs. Cunningham. The motion was seconded by Councilman Pipitone. MINUTES - MORRO BAY CITY COUNCIL November 11, 1974 7:30 p.m. Page Five Councilman Brown felt that the motion should include a provision that if docking facilitiesbecome scarce for transient vessels during this three month period, tying up along side the Cunningham vessel would be allowed. Councilman Jennings amended his motion to include'that if the Harbor Department determines the 'need, other boats be allowed to tie up along- side the 'Cunningham vessel. The amendment was accepted by Councilman Pipitone and unanimously carried. C-2 Consideration of applying for surplus property - Morro -Marina alley, sewer line easement Mr. Warden informed the Council that the City has received correspondence from the County offering the City an opportunity to acquire parcels indicated on a map presented to Council. The City has a sewer line through the area for which there is no easement. If the City does not wish to acquire the property, it will be offered to the adjacent property owners which may cause a problem of access to some of them. Mr. Warden stated that the City has no need for the parcels other than providing access to maintain the sewer line. The ac- quisition of the properties would not give the City total access to the sewer line in any case. The City could request an easement from the property owners and, if they refused, probably still be assured access to the sewer main by right of proscriptive easement. Mrs. Lorraine Dutcher, property owner of one of the parcels involved, spoke in favor of the City's acquisition of the parcels offered by the County. Council members discussed this matter and it was determined that the acquisition of this property would not benefit the City and would not solve the access problem to the sewer main. MOTION: Councilman Mitchell moved that Staff be directed to correspond with the County and indicate that the City is not interested in obtaining the subject property. The motion was seconded by Councilman Jennings and unanimously carried. C-3 Consideration of bids for Police Station remodeling project Mr. Warden informed the Council that the low bid for this pro- ject had been received from Leo L. Hanly of Solvang for a total of $8,634. The remodeling improvements would include remodeling the detective offices and the existing storage room and converting it to a dressing and locker room. There will be a deficit in the budget in awarding this contract since only $6,100 is now budgeted and $670 has been expended for architectural design, plans and specifications. Since it is likely that postponing the project will only mean higher costs at a later date, it is recommended that Council authorize transferring an additional $2,804 from reserve to cover the deficit and award the MINUTES - MORRO BAY CITY COUNCIL November 11, 1974 7:30 p.m. Page Six contract to Leo L. Hanly. MOTION: Councilman Jennings moved that the transfer from reserve 'of $2,804 be 'authorized and that the police 'station remodeling improvements bid be -awarded to Leo L. Hanly in the amount of $8,634. Thd 'motion was seconded by Councilman Mitchell and unanimously carried by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Jennings stated that he had been contacted by Mr. Jim Small ofihe Morro Bay Convalescent Center with a request for support from the City Council. Mr. Small stated that the Convalescent Center was requesting Council support of the proposed adjustments to the 1975 Health Services and Facilities Plan for the Channel Counties. What it means is that the Health Planning Council will recognize the needs of individual communities rather than the availability of care within the entire county. Previously, San Luis Obispo has received the most consideration for additional beds because of their care centers. Now, however, Morro Bay has one of the largest concentrations of senior citizens and has a greater need for additional services. MOTION: Councilman Jennings moved that the City Council goon record in support of the proposed adjust- ments to the 1975 Health Services and Facilities Plan for the Channel Counties. The motion was seconded by Councilman Pipitone and unanimously carried. (2) Councilman Jennings discussed a recent meeting of the San' Luis Obispo County Water Advisory Committee at which the Nacimiento Water Supply Project was discussed. Its defeat on the November ballot does not mean it is a dead issue and consideration is being given to again placing the matter before the voters on a March, 1975 ballot. He suggested that individual councilmen take it upon themselves to petition the Board of Supervisors for support and action in this matter. It was noted that Morro Bay voters had, during both the wastewater reclamation issue and the Nacimiento water issue, expressed their desire for these projects by a majority vote. (3) Councilman Jennings complimented the Chamber of Commerce on the excellent Gibralter of the Pacific Jubilee parade on November 9th and expressed his interest in a report from the Cham- ber comparing a parade over the Labor Day holiday with the one held on November 9th. (4) Councilman Jennings stated that he would like to have an executive session at the conclusion of this evening's meeting to discuss the City Administrator's salary. (5) Councilman Jennings reported that the Public Works Committee consisting of himself, Councilman Pipitone'and Mr. Warden had met with Mr. Bickford regarding the extension of his present lease on Atascadero Road. This had been done at the request of Council. MINUTES - MORRO BAY CITY COUNCIL November 11, 1974 7:30 p.m. Page Seven Mr. Bickford indicated at the meeting that he would like to have a ten to fifteen year lease and that he 'would undertake re- construction of some of the existing facilities in an attempt to make the 'plant more attractive. It was determined by the Committee that a renewal of Mr. Bickford's lease would not interfer in any way with expansion of the 'wastewater treatment plant. It was, therefore, recommended that Staff negotiate'a lease with Mr. Bickford for a maximum of ten years in addition to the time 'presently unexpired on his present lease." His present lease will expire in 1977. Councilman Mitchell requested that this matter be made an agenda item if there is no urgency in the matter. (6) Mayor Donohoo stated that he would like to have the personnel holiday resolution amended to designate November llth or the second Monday in November as Veterans Day and a holiday for City employees. The present resolution designates the forth Monday in October as Veterans Day and Mayor Donohoo felt that it is more in accordance with other governmental agencies to celebrate this holiday in November. Mr. warden stated that he would also like to do away with the portion of the resolution that designates a holiday on any day in which an election is held throughout the State. This, of course, would have to be discussed with the employee organizations. Council concurred. (7) Councilman Brown requested that the matter of the sign ordinance amendments considered at the Council meeting of October 29, 1974, be rescheduled for consideration on December 9, 1974, and that proper legal notification be given. He felt that the Planning Department and Planning Commission had spent considerable time and effort on these recommended changes and that it is time to do something about the undesirable signs within the community. MOTION: Councilman Brown moved that the matter of the sign -*ordinance amendments be placed on the agenda for Council consideration at their regular meeting of December 9, 1974.-- The motion was seconded by Councilman Jennings and carried on the following roll call vote: AYES: Councilmen Brown and Jennings, and Mayor Donohoo NOES: Councilmen Mitchell and Pipitone D-2 City Attorney (1) Mr. Lesage reported that he had investigated the matter of amending the Morro Bay Garbage Service contract with regard to increasing the rates. It is his opinion that the Council cannot authorize increased rates unless there is an adequate and substantial showing that the present level of service cannot be maintained without the requested increase in rates. This would require disclosure of revenues and operational expenses. Perhaps additional consideration could be given in the form of increased service, an increased percentage of the gross to the'City, etc. After review of the previous meetings' minutes, it was determined 11 MINUTES - MORRO BAY November 11, 1974 Page Eight CITY COUNCIL 7:30. p.m. that the Council had authorized the increase in rates and it would be in order at this time to comply with the City Attorney's re- commendations. MOTION: Councilman Jennings'moved that the'City comply with'the City Attorney's recommendations in his memorandum of November 8, 1974 concerning the Morro Bay Garbage Service Contract. The motion was seconded by Councilman Pipitone. Mr. Vincent Makel discussed the inadvisability of Council increasing garbage rates in the manner they had previously increased them. There was discussion on the motion with the following amend- ment: Councilman Jennings amended his motion to'include that Council instruct Staff to gather the necessary information and present it to the Council at a noticed meeting. The amendment was accepted by Councilman Pipitone and unanimously carried. D-3 City Administrator (1) Mr. Warden asked the Council if they wished to have the street Christmas decorations lighted this year or not. Due to the energy crisis last year, the decorations were.put up but not lighted. MOTION: Councilman Jennings moved that the street Christmas decorations be lighted this year. The motion was seconded by Councilman Pipitone and unanimously carried. (2) Mr. Warden stated that the League of California Cities Channel Counties Division meeting is being held in Port Hueneme on November 22, 1974,.and requested information as to which Councilmen plan to attend. Reservations requested were two each from Councilmen Brown,>Jennings and Mitchell and Mayor Donohoo. CORRESPONDENCE 1. Letter from the U. S. Coast Guard complimenting the Harbor Department Staff on their assistance. 2. Letter from the Lions Club thanking City employees and officials for cooperation with regard to the Halloween Parade. 3. Letter and resolution from the City of Santa Barbara urging support of Proposition 17, the Stanislaus River Initiative MOTION: Mayor Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Jennings and unanimously carried. ADJOURNMENT Mr. Warden requested an executive meeting to discuss possible MINUTES - MORRO BAY CITY COUNCIL November 11, 1974 7:30 p.m. Page Nine litigation matters. MOTION: Councilman Jennings moved that the meeting adjourn to executive session for discussion of personnel matters and possible'litigation. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned to executive session at 9:30 p.m. and returned to regular session at 10:14 p.m. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Mayor Donohoo and unanimously carried. The meeting adjourned at 10:14 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 Tuesday, October 29, 1974, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the request of Morro Bay Garbage Service for a rate increase; at which said hearing any person interested may appear and express his views for, against, or in modification of said request. DATED: September 26, 1974 FRED R. DONOHOO, Mayor City of Morro Bay, California exivX& By: MJL. WARDEN, City Clerk o . . NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Tuesday,:Octbber 29, 1974, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider amendments to the Sign Ordinance; at which said hearing any person interested may appear and express his views for, against, or in modification of said amendments . DATED: September 24, 1974 FRED R. DONOHOO, Mayor City of Morro Bay, California By: M. ARDEN, City Clerk 6 PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the regular meeting of the Morro Bay City Council scheduled for October 28, 1974, has, by minute order of the City Council, been changed to Tuesday, October 29, 1974, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California. DATED: September 26, 1974 FRED R. DONOHOO, Mayor City of Morro Bay, California B L. WARDEN, City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING October 29, 1974 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 14, 1974 2. Minutes of the executive meeting of October 14, 1974 HEARINGS, APPEARANCESAND REPORTS A-1 Public hearing on amendments to the Sign Ordinance A-2 Public hearing on request of Morro Bay Garbage Service for increase in rates UNFINISHED BUSINESS B-1 Request of Morro Bay Chamber of Commerce to assign Use Permit to Morro Bay Junior Chamber of Commerce B-2 Resolution approving grant of lease to San Luis Obispo County Air Pollution Control District B-3 Resolution accepting recommendation of the City Planning Commission and adopting the Seismic Safety Element of the City General Plan NEW BUSINESS C-1 Resolution granting a Use Permit to Morro Bay Chamber of Commerce to conduct Gibraltar of the Pacific Festivity Parade C-2 Approval of Final Map - Kleinco C-3 Request of League of Women Voters for Council support of Proposition 15 C-4 Award of bid for new lawnmower 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, 1974 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Donohoo with the Pledge of Allegiance. Councilman Donald Brown gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None MINUTES The minutes of the regular and executive meeting of October 14, 1974, were considered by Council. MOTION: Councilman Jennings moved for the approval of the minutes. The motion was seconded by Councilman Pipitone and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Public hearing on amendments to the Sign Ordinance Mr. NUZUm, Planning Director, stated that Ray Jones would present the Staff report on the proposed amendments. Mr. Jones reviewed the proposed changes which included prohibiting moving signs and rotating signs, changing the time period from six months to a period of two months for abating signs on property which has become vacant, reducing the time limitation for non -conforming signs to conform to a period of amoritization based on their value, changing the method of application for a sign permit to allow the Building Official to decide if a pro- posed sign conforms to acceptable visual standards, and changing the height limitation of signs on the Embarcadero from thirty-five feet to a maximum of twenty feet. Mr. Jones discussed the Planning Commission's feelings behind these recommendations and it was noted that the section with regard to the Building Official deciding if a sign conforms to acceptable visual standards was initiated by the Planning Commission. Mayor Donohoo declared the public hearing open at 7:45 and called for presentations by the public. Mr. Fred Witt was present and stated his opposition to the complete proposal, but basically to the height limitation on the Embarcadero. The Council was in receipt of a petition initiated by Mr. Witt of those businessmen on the Embarcadero in opposition to the proposed amendment. Mr. Witt felt that the change would be an unfair and expensive burden on the businessmen of the Embarcadero. He also felt that the entire process of amending the ordinance as it went through the Planning Commission was unfair, since none of the businessmen of the community were contacted and asked their opinion. It was noted at this time by Mayor Donohoo that all legal require- ments with regard to advertising had been complied with. There was considerable discussion between Mr. Witt and Council 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 29, 1974 Page Two members with regard to other aspects of the proposed changes. It was noted that the Coastal Commission is currently reviewing the Appearance and Design Element in which one of the recommended changes is to elim- inate roof signs. Mrs. Edith Dalton asked which'of the motels in Morro Bay were affected with regard to non -conforming signs. Mr. Jones recited the motels involved of which there are eight. It was noted that these signs are already non -conforming according to the present ordinance, and the only affect the proposed changes would have on them is to lower the time limitation on amortization of the signs. Mr. Cassano opposed the proposed changes since the height limit- ation for signs on the Embarcadero would totally eliminate his sign as it is located on his two story roof. Mr. Vernon Crass spoke at length in opposition to the changes; he feels that the businessman has a right to decide what type of sign he wishes to display on his building. He suggested Council totally reject the recommendations. Mr. Fred Holl, Mr. Spencer, and Mr. Hawse addressed their objections to portions of the sign ordinance already in effect. As there were no further comments, the public hearing was closed at 8:47 p.m. Councilman Pipitone was of the opinion that the Council is elected to represent the people of this City and, since the people clearly object to the proposed changes, he felt the matter should be dropped. Councilman Mitchell felt that the amortization schedule was not equitable as proposed. He also did not agree with the Building Official deciding the acceptable visual standards for various signs. Councilman Brown was concerned with the twenty foot height limitation on the Embarcadero. Councilman Jennings took exception to the petition signed by the businessmen on the Embarcadero which states that the "....Planning Commission would scheme to shaft and undermine the life line of this city with these new amendments." He did not feel that the Planning Commission had had this attitude in their recommendations and requested the Planning Director to review the history of these proposed amend- ments, which he did. Councilman Jennings felt that while the proposed amendments should be studied further, they definitely should not be dropped. MOTION: Councilman Jennings moved that this matter be referred back to the Planning Commission for more hearings with notification in the news- paper and the matter be brought back to Council in ordinance form. The motion died for lack of a second. MOTION: Councilman Pipitone moved that the matter be tabled. The motion was seconded by Councilman Mitchell. 0 MINUTES - MORRO BAY CITY COUNCIL -- Regular Meeting - October' 29, 1974 Page Three There was discussion on this motion with an opinion from Mr. LeSage that the effect of tabling the matter would be that any Council member could bring it back during the course of one-year. The motion was carried on the following roll call vote: AYES: Councilmen Brown, Mitchell, Pipitone and Mayor Donohoo NOES: Councilman Jennings RECESS 9:06 p.m. RECONVENED 9:15 p.m. A-2 Public hearing on request of Morro Bay Garbage Service for increase in rates Mr. Warden stated that explanation of the proposed increase should come from the Morro Bay Garbage Service. Mr. Pat Wagner, representing Morro Bay Garbage Service, stated that they were basically asking for a $1.00 per container increase per month, and 25C per yard increase on commercial bins. There was discussion on the other proposed charges with explanations from Mr. Wagner. It was noted that the new bin cleaning charge of $10.00 was provided for those businesses wishing cleaning service in addition to the annual cleaning service currently provided by Morro Bay Garbage Service. MOTION: Councilman Jennings moved that the request of Morro Bay Garbage Service to increase rates be approved. The motion was seconded by Councilman Pipitone. It was noted that a public hearing was scheduled and needed to be held before Council rendered a decision on this matter. Councilman Jennings withdrew his motion and Councilman Pipitone his second. There was discussion relative to the capital expenditures made by Morro Bay Garbage Service. Mayor Donohoo opened the public hearing at 9:26 p.m. and called for presentation from the public for or against the proposed increase. Mr. Howard Gaines spoke in opposition to the proposed increase stating that it would be an additional burden on the taxpayers. The hearing was closed at 9:40 p.m. as there were no further comments. Councilman Mitchell was concerned as to whether the Council could legally increase the rates since the existing franchise is a binding contract with the Garbage Service. MOTION: Councilman Jennings moved for the approval of the request rate increase as proposed by Morro Bay Garbage Service in their letter of August 30, 1974. The motion was seconded by Councilman Pipitone. There was further discussion regarding the legality of increasing MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL' - October 29, 1974 the rates because of the binding contract. Mr. LeSage stated that he would have to look into the 'matter and report back to Council. Council- man Brown asked if the percentage paid to the City could be increased in the contract as well as the rates. Mr. LeSage stated that if his research of the matter indicated that the Council could increase the rates, they could change any other part of the contract as well. It was noted that the insurance requirements in the contract are below current standards and should be amended to reflect new coverage. Mr. Wagner stated that they were currently providing additional coverage in accordance with County of San Luis Obispo requirements and this coverage would extend to the City of Morro Bay. Councilman Jennings amended his motion to include that the insurance coverage require- ments be adjusted in the contract to conform with the requirements of the County of San Luis Obispo. The amendment was accepted by Councilman Pipitone. The motion carried on the following roll call vote: AYES: Councilmen Brown, Jennings, Pipitone and Mayor Donohoo NOES: Councilman Mitchell Councilman Mitchell stated that his opposition to the motion was only that he felt the Council should wait until the City Attorney found out if the Council could legally raise the rates in this contract; he would otherwise be in favor of the motion. UNFINISHED BUSINESS B-1 Request of Morro Bay Chamber of Commerce to assign Use Permit to Morro Bay Jay Cee's Mr. Warden informed the Council that the Chamber had that,. in addition to handling the parade on November 9th, not effectively coordinate the activities at the City Park therefore, requesting Council approval to transfer the Use the Morro Bay Jay Cee's. MOTION: Councilman Jennings moved that the request of the Morro Bay Chamber of Commerce to transfer their Use Permit for use of the City Park on November 9 and 10, 1974, to the Morro Bay Jay Cee's be approved. The motion was seconded by Mayor Donohoo and unanimously carried. discovered they could and were, Permit to B-2 RESOLUTION NO. '73-74. Resolution approving grant of lease to San Luis Obispo County Air Pollution Control District MOTION: Councilman Jennings moved that Resolution No. 73-74 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden explained that the Air Pollution Control District was requesting the use of a building 'across from the Police Department on MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL - October 29, 1974 Morro Bay Boulevard to set up air pollution control equipment for monitoring purposes. Mr. Warden read Resolution No. 73-74 by title only. MOTION: Councilman Jennings'moved for the adoption of Resolution No. 7.3-74. The motion was seconded by Councilman Pipitone and unanimously carried. B-3' RESOLUTION NO. "74-74. Resolution accepting recommendation of the City Planning Commission and adopting the Seismic Safety Element of the City General Plan The Council held a public hearing at their last meeting to con- sider this Element and had directed Staff to prepare .the appropriate resolution to adopt it. MOTION: Councilman Jennings moved No. 74-74 be read by title was seconded by Councilman carried. NEW BUSINESS that Resolution only. The motion Brown and unanimously C-1' RESOLUTION NO. 75-74. Resolution granting a Use Permit to Morro Bay Chamber of Commerce to conduct Annual Gibraltar of the Pacific Festivity Parade MOTION: Councilman Jennings moved that Resolution No. 75-74 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 75-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 75-74. The motion was seconded by Councilman Brown and unanimously carried. C-2 Approval of Final Map - Kleinco Mr. Warden explained that the Planning Commission had previously considered and approved this map and, since the City Clerk must sign the map, the City Council must give their approval first. MOTION: Councilman Jennings moved for the approval of the Final Map of Kleinco Development Company for Tract #450. The motion was seconded by Mayor Donohoo and unanimously carried. C-3 Request of League of Women Voters for Council support of Proposition 15 The Council was in receipt of literature from the League of Women Voters urging support of Proposition 15 which would repeal Article 34 of the'California Constitution which prohibits any government agency in California from developing, constructing or acquiring low rent housing units unless the voters of the City or County where the units are to be situated first give their approval. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 29, 1974 Page Six MOTION: Councilman Jennings moved that Council take no action on this'request. The motion was seconded by Mayor Donohoo and unanimously carried. C-4 Award of bid for new lawnmower Mr. Warden stated that the City had received three bids on the lawnmower and were recommending awarding the bid to B. Hayman Co., Inc., in the amount of $2,626.50. This is not the low bid, however, the proposed Jacobsen mower meets or exceeds City specifications and, in addition, has safety features which comply with OSHA Safety stand- ards. MOTION: Councilman Jennings moved that the bid for the lawnmower be awarded to B. Hayman Co., Inc. in the amount of $2,626.50. The motion was seconded by Councilman Brown 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 requested Council to adjourn to executive session at the conclusion of the meeting to discuss possible litigation matters. D-3 City Administrator (1) Mr. Warden apprised the Council of a discrepancy in the Harbor Ordinance with regard to a renter's occupancy. The ordinance states that a boat owner renting a berthing space from the City must occupy said space. One boat owner is currently in the process of purchasing another boat after selling his present one. He wishes to retain occupancy of the berthing space for the new boat he purchases. Mr. Warden requested Council determination on this and suggested approval on the condition that the boat owner notifies the City in writing of his intentions and a possible time limitation be set on occupying the space. Council concurred in the recommendation,."feeling that this is the intent of the ordinance. Councilman Jennings questioned the enforcing of requirements for sanitary facilities on house boats in the bay. Mr. Warden stated that there is a transition period for enforcing this aspect of the ordinance. (2) Mr. Warden presented the Expenditure Report for the period October 1-15, 1974 for the consideration of Council. MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period October 1 through 15, 1974. The 'motion was seconded by Councilman Pipitone and unanimously carried. CORRESPONDENCE 1. Letter from the City of Port Hueneme requesting Council support MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL - October 29, 1974 of the City of Bakersfield's stand that the Directors 'and Officers of the.League'of California Cities refrain from taking a position on ballot measures of Statewide interest. 2. Letter from the 'City of Escalon urging Council opposition to Proposition 17. MOTION: Councilman Jennings moved that the correspon- dence be 'filed. The motion was seconded by Councilman Pipitone.and unanimously carried. ADJOURNMENT Councilman Pipitone also requested adjournment to executive session to discuss a personnel matter. MOTION: Councilman Jennings moved that the meeting adjourn to executive session to discuss possible litigation and personnel matters. The motion was seconded by Councilman Mitchell and unanimously carried. The meeting adjourned to executive session at 10:10 p.m. and returned to regular session at 10:45 p.m. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned at 10:45 p.m. RECORDED BY: M. L. WARDEN City Clerk By: 2 Ardith Davis Deputy City Clerk • r • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, October-� 14, 1974, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the Seismic Safety Element of the General Plan; at which said hearing any person interested may appear and express his views for, against, or in modification of said element. DATED: September 24, 1974 FRED R. DONOHOO, Mayor City of Morro Bay, California By c L IZ1/IZJ M. L. WARDEN, City Clerk 0 6 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, October 14, 1974, 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 M. J. Cassano from Planning Commission denial of a variance to change a side setback from five feet to three feet, four inches, 245 Gilber 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: September 24, 1974 FRED R. DONOHOO, Mayor City of Morro Bay, California By M. L. WARDEN, City Clerk 0 6 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, October 14, 1974, 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 Walter E. Erickson from Planning Commission decision of lot division determina- tion, 207 Piney Way, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against, or in modification of said appeal. DATED: September 24, 1974 FRED R. DONOHOO, Mayor City of Morro Bay, California By: ��/ • // / , Gr�r1�CLFiy.� M. L. WARDEN, City Clerk 46 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING October 14, 1974 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 September 21, 1974 2. Minutes of the executive meeting of September 21, 1974 3. Minutes of the regular meeting of September 23, 1974 4. Minutes of the executive meeting of September 23, 1974 HEARINGS, APPEARANCES, AND REPORTS A-1 Public hearing on Seismic Safety Element of the General Plan A-2 Public hearing on appeal of Walter E. Erickson from Planning Commission determination A-3 Public hearing on appeal of M. J. Cassano from Planning Commission denial of a variance A-4 Public hearing on vehicle abatement UNFINISHED BUSINESS B-1 Bid proposal for Mooring Zone Al-4 B-2 Resolution regarding animal control regulation B-3 Ordinance No. 128 - Cable TV rate increase - second reading B-4 Resolution delegating authority to determine disability for retirement purposes to the City Administrator NEW BUSINESS C-1 Request of Morro Bay High School for permission to have annual homecoming bonfire. C-2 Request for transfer of sublease on Lease Sites No. 134-137 - Crill C-3 Request of Morro Bay Chamber of Commerce to use Morro Bay Blvd. and City Park for Centennial Stairway Benefit C-4 Request of Morro Bay Lions Club for permit to hold Annual Halloween Parade C-5 Consideration of claim for damages of Orme E. Cheatham C-6 Award of bid for street resurfacing project C-7 Establishment of Morro Bay Urban Area Boundaries and Federal - Aid Urban Street 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 October 14, 1974 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Donohoo at 7:30 p.m. with the Pledge of Allegiance. Councilman Donald Brown gave the invocation. ROLL CALL PRESENT: Councilman Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo. ABSENT: None Mayor Donohoo introduced the City's new Recreation Director, Dave Braga, and presented a brief resume of his background. MINUTES Mr. Warden offered a correction to the executive meeting minutes of September 23, 1974, which states that the meeting was called to order at 7:30 p.m. The correct time is 9:11 p.m. MOTION: Councilman Jennings moved that the minutes be approved as corrected. The motion was seconded by Councilman Pipitone and unanimously carried. A-1 Public hearing on Seismic Safety Element of the General Plan Mr. Joe Johns, representative of Envicom, the firm who prepared the Seismic Safety Element, was present to review this Element for the Council. He stated that the Element included the overview of the area, technical conclusions and recommendations. He discussed the difference between earth rupture and shaking as a result of an earthquake and stated that Morro Bay can expect shaking as'.the result of an expected earthquake to take place on the San Andreas Fault within the next thirty years. He stated that Morro Bay should not have a problem from the San Andreas Fault and that present Building Code requirements should be adequate. He then reviewed the major recommendations made as a result of the seismic study of Morro Bay, some of which had already been complied with. Mayor Donohoo declared the hearing open at 7:50 p.m. and called for comments from the public. Mr. Walter Holtz asked if the Element was on file for public review and he was informed that it is. As there were no further comments, the hearing was closed at 7:51 p.m. There was discussion and questions from Council members regarding the Element and an earthquake's effect on Morro Bay. MOTION: Councilman Jennings moved that Council adopt the Seismic Safety Element of the General Plan and direct Staff to prepare the appropriate re- solution. The motion was seconded by Councilman Brown and unanimou§ly carried. A-2 Public hearing on appeal of Walter E. Erickson from Planning Commission determination E 46 MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL - October 14, 1974 Mr. Nuzum explained that the property involved is located on the corner of Piney Way and Main Street. Mr. Erickson maintains that he owns three parcels on that corner when, in fact, the City Assessor's Maps show that there are only two. Since Mr. Erickson was in possession of a title report which describes the one parcel in question as two parcels, Mr. Nuzum referred the matter to the City Attorney for determination. The City Attorney was of the opinion that Mr. Erickson only owns one lot on the corner, so he (Mr. Erickson) appealed to the Planning Commission for a determination. The Planning Commission felt that if Mr. Erickson could ob- tain a recorded copy of the lot split, they could uphold his conten- tion that he owns two lots. This Mr. Erickson was unable to do, so the Planning Commission upheld the City Attorney's opinion that there exists only one lot. Mr. Erickson is also claiming ownership of the 1,941 square feet on the corner of Main Street and Piney Way which is shown on the Assessor's Map as City right-of-way. If he does own this, it gives him a total area of 10,270 which would mean that, when split, each lot would be 5,135 square feet. The subdivision ordinance re- quires a minimum lot size of 6,000 square feet for interior lots and 7,000 square feet for corner lots. Mr. Erickson was present and explained that what he is requesting is Council's recognition of a lot split. He informed them that he had purchased the lots in 1959 when the lot size would have been conforming with the zoning ordinance at that time. He had ori- ginally intended to buy only the corner lot, but had been offered the inside lot at a good price and bought them both at the same time. Mr. Erickson contends that the only thing that makes this a problem today is the fact that the engineer responsible for recording this matter failed to have it recorded. He has since learned from the County that this engineer's license was revoked some time ago and the County has made restitution in several cases of error on this gentleman's part. Mr. Erickson proceeded to provide background information on the purchase of the lots and presented several documents and maps to back up his argument. Council members discussed this matter at length with the City Attorney. Discussion also concerned the 1,941 square feet that may be City property. Council felt if it could be established that Mr. Erickson owns this area, he could be granted the lot split based on the fact that it would have been allowed at the time it was originally applied for, or supposed to have been recorded, in 1959. MOTION: Councilman Jennings moved that Council find that the property in question is a lot split and this action is contingent on determining whe- ther or not Mr. Erickson owns the 1,941 square feet on Main Street. The motion was seconded by Councilman Pipitone and carried on the following roll call vote. AYES: Councilmen Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: Councilman Brown • MINUTES - MORRO Regular Meeting October 14, 1974 Page Three RECESS BAY CITY COUNCIL 9:00 P.M. RECONVENED 9:07 p.m. A_'3 Public hearing on appeal of M. J. Cassano from Planning Commission denial of a variance. Mr. Nuzum stated that the applicant had requested a variance to allow 314" sideyard setback from the 5'0" setback required by the zoning Ordinance. This is requested to allow him an addition to an existing single-family residence adjacent to the garage. Mr. Nuzum explained that the applicant began the addition before he applied for a permit which is in violation of the codes. He does feel, however, that Mr. Cassano would have been granted the variance, if he had applied before beginning the addition since there is an existing setback and because of the proximity of the freeway to his building. Mayor Donohoo declared the hearing open at 9:16 and called for presentations for or against the appeal. Mr. Michael Devitt, Attorney representing Mr. Cassano, explained that Mr. Cassano had originally intended only to build a patio addi- tion to the garage and has since then developed it into something more. He stated that Mr. Cassano ceased construction upon receipt of the Building Department order and had not built on the site since. Councilman Mitchell felt that the City should not deny the applicant a variance because of his violation of the codes, since he would have probably been granted one if he had applied for the var- iance first. He did, however, feel that the penalties of the code could be administered with regard to the violation of not obtaining a building permit before beginning construction. Mr. Nuzum advised that the penalty for not obtaining a building permit before beginning construction is to double the building permit fee, which in this case, is $55.00. Mr. Cassano would then be ex- pected to pay $110.00 for his building permit. It was noted that this penalty can be made administratively. Mayor Donohoo closed the hearing at 9:24 p.m, since there were no further comments from the public. MOTION: Councilman Mitchell moved that the appeal be granted and the variance allowed. The motion was seconded by Councilman Pipitone. There was discussion regarding the motion with the City Attorney advising that the motion include a finding that there is a hardship and that is why the variance is being granted. Councilman Mitchell amended his motion to include that the Council makes a finding that the variance is granted as a result of a hardship created by the freeway fence cutting through the property at an angle making it difficult to build on the property; also this is in accordance with other properties in the same area having been granted the same consideration. The amendment was accepted by Councilman Pipitone 1] MINUTES - MORRO Regular meeting Page Four BAY CITY COUNCIL - October 14, 1974 and carried on the following roll call vote. AYES: Councilmen Jennings, Mitchell and Pipitone NOES: Councilman Brown and Mayor Donohoo A-4 Public hearing on vehicle abatement Mr. Warden stated that the vehicle involved is a 1956 International located at the corner of Pico and Main Street. The property notifications have been made and it is in order for the Council to hold a public hearing and direct that the vehicle be disposed of in accordance with the ordinance. Mayor Donohoo declared the hearing open at 9:27 p.m. and closed it at 9:27 p.m. since there were no comments from the public. MOTION: Councilman Jennings moved that Staff be directed to proceed in accordance with the vehicle abatement ordinance in this matter. The motion was seconded by Councilman Brown and unanimously carried. UNFINISHED BUSINESS B-1 Bid proposal for Mooring Zone Al-4 Mr. Warden informed the Council that, in accordance with their direction, the City had gone to bid on the commercial mooring zone. This mooring zone was established to provide boat owners and operators an opportunity for the care of their boats and to provide other services by a commercial operator. The ad had been placed in the Telegram Tribune and the Sun Bulletin and the City had received only one proposal from Morro Bay Marina, Inc. Council was in receipt of this proposal and Mr. Warden requested direction as to their wishes in this matter. MOTION: Councilman Jennings moved that Staff be directed to prepare a lease with Morro Bay Marina, Inc. for the leasing of City -owned Mooring Zone Al-4 and that the lease be brought back to the Council for approval. The motion was seconded by Councilman Brown and unanimously carried. B-2 RESOLUTION NO. 66-74. Resolution authorizing the County of San Luis Obispo to provide animal regulation control services for the City of Morro Bay Mr. Warden reviewed the County's proposal for the Council and stated that the resolution will allow the County to act on behalf of the City until an ordinance is passed providing for these services. The estimated cost of the service with the County is only $787 per year more than the City has been paying for services from Woods Animal Shelter. MOTION: Councilman Jennings moved that Resolution No. 66-74 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. • E MINUTES - MORRO Regular meeting Page Five BAY CITY COUNCIL - October 14, 1974 Mr. Warden read Resolution No. 66-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution 66-74. The motion was seconded by Councilman Brown and unanimously carried. B-3 ORDINANCE NO. 128 Ordinance amending certain provisions of Ordinance No. `28 entitled "An Ordinance of the City of Morro Bay providing for the granting of an exclusive franchise for a Commun- ity Antenna Television system in the City of Morro Bay to Central California Communications Corporation and providing terms and conditions for the operating of said Community Antenna Television System and fees therefore second reading MOTION: Councilman Mitchell moved that Ordinance No. 128 be read by title only. The motion was seconded by Councilman Brown and unan- imously carried. Mr. Warden read Ordinance No. 128 by title only. MOTION: Councilman Mitchell moved for the adoption of Ordinance No. 128 and that this constitute the second and final reading of said ordinance. The motion was seconded by Councilman Brown and carried on the following roll call vote. AYES: Councilmen Brown, Mitchell and Mayor Donohoo NOES: Councilmen Jennings and Pipitone B-4 RESOLUTION NO. 67-74. Resolution delegating authority to determine disability for retirement purposes to the City Administrator Mr. Warden stated that Council had directed at the last meeting that Staff prepare the resolution to effectuate this action. This will enable the City Administrator to determine disability for retirement purposes but leave the avenue open for appeal to the City Council in case of dispute. There was a question from Mr. Carl V. Ansberry as to whether this was giving up any powers by Council and he was assured that it was not. MOTION: Councilman Jennings moved that Resolution No. 67-74 be read by title only. The motion was seconded by Councilman -Brown and unanimously carried. Mr. Warden read Resolution No. 67-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 67-74. The motion was seconded by Councilman Brown and unanimously carried. NEW BUSINESS C_1 Request of Morro Bay High School for permission to have annual homecoming bonfire 0 MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL - October 14, 1974 Mr. Warden stated that the Council had approved this request last year by determining that the homecoming event was in accordance with the ordinance. He recommended that the same approval be given this year. The Fire Department has set several requirements for the bon- fire and the Firemen's Association has volunteered to be present at no cost to the City to supervise the event. It was noted that the time had been changed from an evening fire to a before -dawn fire. Chief Stephens indicated that this would not be a problem. MOTION: Councilman Jennings moved that.the Council approve the request of the Morro Bay High School Associated Body to hold their annual campfire. The motion was seconded by Councilman Pipitone and unanimously carried. C-2 RESOLUTION NO. 68-74. Resolution approving sublease on portion of Lease Sites No. 134-137 - Crill Mr. Warden explained that in accordance with leasing policies; the lessee must come to the Council for approval for subleasing or transferring of subleases. The normal procedure is for Council to approve the resolution authorizing the transfer of the sublease from Harms to Ross. MOTION: Councilman Jennings moved that Resolution No. 68-74 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 68-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 68-74. The motion was seconded by Councilman Brown and unanimously carried. C-3 Request of Morro Bay Chamber of Commerce to use Morro Bay Blvd. and City Park for Centennial Stairway Benefit RESOLUTION NO. 69-74. Resolution approving grant of Use Permit Agreement to Morro Bay Chamber of Commerce - City Park MOTION: Councilman Jennings moved that Resolution No. 69-74 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 69-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 69-74. The motion was seconded by Councilman Pipitone and unanimously carried. RESOLUTION NO. 70-74. Resolution approving grant of Use Permit Agreement to Morro Bay Chamber of Commerce - Morro Bay Blvd. MOTION: Councilman Jennings moved that Resolution No. 70-74 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Ll MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL - October 14, 1974 Mr. Warden read Resolution No. 70-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 70-74. The motion was seconded by Councilman Pipitone and unanimously carried. C-4 RESOLUTION NO. 71=74. Resolution granting Use Permit to the Morro Bay Lions Club to conduct a street parade Mr. Warden explained that this is an annual request by the Lions Club for a Holloween parade MOTION: Councilman Jennings moved that Resolution No. 71-74 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 71-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 71-74. The motion was seconded by Councilman Brown and unanimously carried. C-5 Consideration of claim for damages of Orme E. Cheatham Mr. Warden stated that the normal procedure for handling claims of this nature was to deny them to enable the insurance carrier to process them. MOTION: Councilman Jennings moved that the claim of Orme E. Cheatham for sewer damages be denied. The motion was seconded by Councilman Mitchell and unanimously carried. C-6 Award of bid for street resurfacing project Mr. Warden stated that sealed bids had been received for the 1974-75 street resurfacing project. Ten contractors submitted proposals and the lowest responsible bid was received from L. D. Folsom, Inc. in the amount of $50,926.50. This bid is below the estimated engineer's estimate of $65,832.50 and it is recommended that the bid be awarded to L. D. Folsom, Inc. MOTION: Councilman Jennings moved that Council accept the low bid of J. D. Folsom, Inc. in the amount of $50,926.50 for the street resurfacing project. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. C-7 RESOLUTION NO. 72-74. Resolution requesting the State Department of Transportation and the Federal Highway Administration to approve the Urban Area Boundary and the Federal -Aid Urban Street system for the Morro Bay Urban Area Mr. Warden explained that the a program through CALTRANS for the provements. The City's allocation Federal government is administering allocation of funds for street im- for a three year period is appro- MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL - October 14, 1974 ximately $106,888. The City is required amount of FAU funds used with other funds of the entire cost of the project. to match this or any lesser equaling no less than 17.06% The Public Works Department had.tentatively selected repair of Beachcomber as the initial stage of expenditure of these funds. MOTION: Councilman Jennings moved that Resolution No. 72-74 be read by title only. The motion was seconded by Councilman Brown and unanimously) carried. Mr. Warden read Resolution No. 72-74 by title only. MOTION: Councilman Jennings'moved for the adoption of Resolution No. 72-74. The motion was seconded by Councilman Brown and unanimously carried. INDIVIDUAL DETERMINATION 'AND/OR ACTION D_1 City Council (1) Councilman Jennings reminded the public to vote "Yes" on the Nacimiento Water Supply project on the November 5th ballot. (2) Councilman Mitchell asked the status of the Downtown Parking Committee. It was noted that the Committee had disbanded for lack of interest on the part of the committee members. Mr. Warden stated that this downtown circulation pattern would be a part of updating the General Plan. Mr. Warden informed the Council that Owen Menard and Associates, as a part of the General Plan update, are conducting a "Citizens' Policy Conference" to determine community needs, goals and objectives. The citizens to participate in this committee will be selected from the community but will exclude organization officers,elected and appointed officials, and City Staff members. The meetings for this committee will be held in November. D=2 City Attorney Mr. LeSage requested that Council adjourn to executive session at the conclusion of the meeting to discuss possible litigation. D-3 City Administrator (1) Mr. Warden stated that he had received notice of-a,National Municipal League Conference to be held in November. If any of the Councilmen are interested, they can contact him for details. (2) Mr. Warden stated that he had followed through on Council directives and obtained names and addresses of agencies who would be involved in determining disposal sites for future tailings from channel dredging. However, the Corps of Engineers has requested that such a meeting of these agencies be held up since they have just contracted with a firm to make a sand tracer study of Morro Bay Harbor. This study should be completed by January, 1975. 0 MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL - October 14, 1974 (3) Mr. Warden reported that the City and Shellmaker, Inc. have received permission from the Corps of Engineers to deposit 40,000 cubic yards of dredging tailings on the sand spit as long as it is kept off of private property. (4) Mr. Warden presented the Financial Report for the period July 1 through September 30, 1974, for the consideration of Council. MOTION: Councilman Jennings moved for the approval of the Financial Report for the period July 1 through September 30, 1974. The motion was seconded by Councilman Pipitone and unanimously carried. (5) Mr. Warden presented the Expenditure Report for the period September 16 through 30, 1974, for the consideration of Council. MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period September 16 through 30, 1974. The motion was seconded by Mayor Donohoo and unanimously carried. CORRESPONDENCE 1. Letter from Friends of the River urging support of Proposition 17, the Stanislaus River Initiative. MOTION: Councilman Jennings moved that the correspondence be filed. The motion was seconded by Mayor.'_..'. Donohoo and unanimously carried. ADJOURNMENT MOTION: Councilman Jennings moved that Council adjourn to executive session to discuss possible litigation matters. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned to executive session at 10:17 p.m. and returned to regular session at 10:36 p.m. MOTION: Councilman Jennings moved that Staff be directed to put a window in the Conference. Room at City Hall. The motion was seconded by Councilman Pipitone and failed on the following voice vote: AYES: Councilmen Jennings and Pipitone NOES: Councilmen Brown and Mitchell, and Mayor Donohoo MOTION: Councilman Jennings moved that the meeting adjourn. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting adjourned at 10:36 p.m. RECORDED BY: M. L. WARDEN, City Clerk By: ,_a6 C 'e Ardith Davis, Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING September 23, 1974 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 26, 1974 2. Minutes of the special meeting of August 30, 1974 3. Minutes of the executive meeting of August 30, 1974 4. Minutes of the special meeting of September 3, 1974 5. Minutes of the executive meeting of September 3, 1974 11 HEARINGS, APPEARANCES AND REPORTS None UNFINISHED BUSINESS B-1 Consideration of Letizia property improvements B-2 Resolution approving grant of Use Permit Agreement to Morro Bay Chamber of Commerce B-3 Ordinance amending certain provisions of Ordinance No. 28, Community Antenna Television System - first reading B-4 Designation of voting representative at League of California Cities Annual Convention NEW BUSINESS C-1 Request of Morro Bay Garbage Service for rate increase - set hearing date C-2 Bickford Concrete, Inc. lease site and treatment plant expansion C-3 Appeal of M. J. Cassano from Planning Commission denial of variance - set hearing date C-4 Appeal of Walter E. Erickson from Planning Commission decision of lot division determination - set hearing date C-5 Consideration of Seismic Safety Element of the General Plan - set hearing date C-6 Consideration of Planning Commission recommendation to amend Sign Ordinance - set hearing date C-7 Resolution approving amendment to sewage agreements at Morro Bay State Park and Atascadero State Beach 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 September 23, 1974 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Donohoo 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 Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None Mayor Donohoo stated that the San Luis Obispo County 4-H Club had a proclamation they wished to read. Mrs. Morgan informed the public that the week of October 6 through 12, 1974, is to be declared 4-H Week by the Mayor. Several young people representing Cambria, Los Osos Valley of the Bears and Morro Bay read the proposed proclamation which was signed by the Mayor. MINUTES The minutes of the regular meeting of August 26, 1974, the special and executive meetings of August 30, 1974, and the special and executive meetings of September 3, 1974, were considered by the Council. HEARINGS, APPEARANCES AND REPORTS None UNFINISHED BUSINESS B-1 Consideration of Letizia property improvements Mr. Warden stated that the City Engineer and Building Inspector have been investigating the costs of bringing the Letizia property up to building code requirements and estimate the cost for doing so to be approximately $3300. This would include installing an extra restroom, lighting and heating, and modifying the garage space to be used as a general purpose room. They have also looked at Fire Station No. 2 and estimate $2700 in expenditures to modify that building for public use. MOTION: Councilman Jennings moved that Staff be authorized to proceed with these improvements and transfer the necessary funds of approximately $3300 for the Letizia property and $2700 for Fire Station No. 2 to cover the costs of the improvements. The motion was seconded by Councilman Brown and carried with Councilman Pipitone voting no. B-2 RESOLUTION NO."65=74. Resolution approving grant of Use Permit Agreement to Morro Bay Chamber of Commerce Mr. Warden informed the Council that they had previously received correspondence from the Chamber of Commerce requesting that they be allowed the use of the City Park on November 9 and 10, 1974, for their Gibraltar of the Pacific Jubilee festivities. There will be various booths and refreshment stands erected. The proposed Use Permit sets restrictions on the use of this park and provides for insurance coverage. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 23, 1974 Page Two MOTION: Councilman Mitchell moved No. 65-74 be read by title was seconded by Councilman unanimously carried. that Resolution only. The motion Jennings and Mr. Warden read Resolution No. 65-74 by title only. MOTION: Councilman Jennings moved for the approval of Resolution No. 65-74. The motion was seconded by Councilman Pipitone-'and unanimously carried. B-3 ORDINANCE NO. "1'28. An ordinance amending certain provisions of Ordinance No. 28 entitled "An Ordinance of the City of Morro Bay providing for the granting of an exclusive franchise for a com- munity antenna television system and fees therefore" Mr. Warden stated that the Council had held a public hearing at a previous meeting and voted to increase the rates for this system as requested by CATV. Councilman Pipitone stated that h&e is still in opposition to this increase since he feels that CATV has not lived up to the eleven points they agreed to and that the increase approval should be post- poned until all elevent points are complied with. MOTION: Councilman Jennings moved that Ordinance No. 128 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Ordinance No. 128 by title only. MOTION: Councilman Mitchell moved that this constitute the first reading of Ordinance No. 128. The motion was seconded by Councilman Brown and carried by voice vote with Councilmen Jennings and Pipitone voting no. B-4 Designation of voting representative to League of California Cities Annual Convention Mr. Warden stated that at the Annual League Convention in October at Los Angeles, a representative of the City must be delegated to vote on League policy matters. He requested Council to designate such delegate and an alternate. MOTION: Councilman Pipitone moved that Councilman Mitchell be designated as the delegate and Councilman Brown the alternate. The motion was seconded by Councilman Jennings and unanimously carried. NEW BUSINESS C-1 Request of Morro Bay Garbage Service for rate increase - set hearing date After discussing this matter, it was noted that the second regular meeting date in October falls on Veteran's.Day and Council members de- cided that that date needed to be'changed. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 23, 1974 Page Three MOTION: Councilman Jennings moved that the second regular meeting in October be changed from October 28, 1974, to October 29, 1974. The motion was seconded by -Mayor Donohoo and unanimously carried. MOTION: Councilman Jennings moved that October 29, 1974 be set as the hearing date for consideration of the request of Morro Bay Garbage Service'to increase rates. The motion was seconded by Councilman Brown and unanimously carried. C-2 Bickford Concrete, Inc. lease'site and treatment plant expansion Mr. Warden explained to the Council that the lease Mr. Bickford has for his concrete plant located next to the sewage treatment plant will expire in November of 1977. Mr. Bickford has requested Council consideration of adding to that lease for a longer period; he has attempted to find another location for his plant but has been unable to do so. The 1977 period will be the end of his options for a renewal on this lease. The reason for hesitation on the part of the City to make this lease long term was because of the necessity to expand the sewage treatment plant by 1979 or 1980. Mr. Warden had had John Carollo Engineers review this matter and Council was in receipt of a rendering of their proposals for future expansion. Neither of the two renderings proposed would encroach on Mr. Bickford's lease site property. After reviewing the two sketches available, Mr. Warden recommended Sketch No. 1 as being more economic and efficient. He also recommended that Council approve the acquiring of the two private parcels of land near the treatment plant for this future expansion. Mr. Warden requested a policy determination from the Council as to whether they wish to acquire the two parcels mentioned and whether to notify Mr. Bickford that, at the termination of this lease, he will be expected to move or that the City is agreeable to entering into a new lease for that property. MOTION: Councilman Jennings moved that Staff be directed to attempt to obtain the two lots mentioned in the memorandum for future expansion of the treatment plant. The motion was seconded by Councilman Brown and unanimously carried. There was Council discussion as to the Bickford lease and Councilman Jennings stating that he felt this matter should be referred to the Public Works Committee for studying alternatives before Council makes a decision. MOTION: Councilman Jennings moved that the matter of entering into a new lease with Mr. Bickford for the property on which his concrete'plant is located be referred to the Public Works Committee for study and report back to Council. The motion was seconded by Councilman Brown. Councilman Mitchell asked why the Council had to make a decision MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 23, 1974 Page Pour on the lease at this time since the present lease still has three years to run. Mr. Warden stated that Mr. Bickford has requested Council de- termination at this time so that he can make appropriate plans. Also, the question of treatment plant expansion will be an issue soon, so a decision will have to be made. Councilman Mitchell felt that in three years other alternatives may be available which would mean the City might wish to retain the property. Joseph Giannini stated that the Council should consider phasing out building in that area and making it open space; he felt that since the site is near the beach, it is an ideal place for a park area rather than making it industrial area. The 'motion was unanimously carried. C-3 Appeal of M. J. Cassano from Planning Commission denial of variance - set hearing date Councilman Mitchell stated that he had been in conversation with a representative of Mr. Cassano who wishes the hearing date to be set for this matter at the earliest possible date. MOTION: Councilman Jennings moved that the hearing date for the appeal of M. J. Cassano from Planning Commission denial of variance be set for October 14, 1974. The motion was seconded by Councilman Brown and unanimously carried. C-4 Appeal of Walter E. Erickson from Planning Commission decision of lot division determination - set hearing date MOTION: Councilman Jennings moved that October 14, 1974, be set as the hearing date for the appeal of Walter E. Erickson from Planning Commission decision of lot division determination. The motion was seconded by Councilman Brown and unanimously carried. C-5 Consideration of Seismic Safety Element of the General Plan - set hearing date MOTION: Councilman Jennings moved that October 14, 1974, be set as the hearing date for consideration of the Seismic Safety Element of the General Plan. The motion was seconded by Councilman Brown and unanimously carried. C-6 Consideration of Planning Commission recommendation to amend Sign Ordinance - set hearing date MOTION: Councilman Mitchell moved that October 29, 1974, be set as the hearing date for consideration of Planning Commission recommendation to amend the Sign Ordinance. The motion was seconded by Councilman Brown and unan- imously carried. C-7 Resolution approving amendment to sewage agreements at Morro Bay State 'Park and Atascadero State 'Beach' MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 23, 1974 Page Five Mr. Warden requested that this matter be'deleted from the agenda as the City Attorney wished to make some changes in the proposed agree- ment. INDIVIDUAL DETERMINATION'AND/OR'ACTION (1) Councilman Pipitone'stated that he had been contacted by various citizens who were concerned with the disposal site for the tailings resulting from the present dredging project by the Corps of Engineers. He asked Mr. Warden to review this matter for the public. Mr. Warden began by presenting a rendering which depicted the previous areas of tailings disposal, a possible disposal area and the one presently being used. Previous years' tailings have been dumped on the north side of the Rock on the beach area, on the sand spit north of the south jetty, and on the shore area south of the south jetty. A possible area of disposal is on State property south of the shore area just mentioned. Presently, the Corps is having the tailings dumped outside the entrance to the channel. There has been public concern of dumping in this site since it is felt it could be hazardous to the fishing fleet upon trying to enter the channel if the tailing pile is high enough to create a wave. Mr. Warden stated that the Corps has studied this area and they do not feel it will become a hazard as a result of this year's dumpings. He has talked to the Fish and Game people about dumping in the shore area south of a previous dumping site and they refuse to allow dumping here for ecological reasons; they feel it will harm the clams and marine life. Previous dumping sites are not felt safe to use this year. Mr. Warden explained that as a result of Congressional legislation establishing the dredging project, the Corps of Engineers is responsible for the maintenance of Morro Bay Harbor and the City is responsible for providing the dumping site for the tailings. However, any site proposed by the City is subject to veto by the State Department of Fish and Game, Corps of Engineers, Environmental Protection Agency, and the Department of the Interior. Mr. Joe Giannini spoke with regard to this matter stating that the Corps of Engineers was in error when they spoke of no hazard as a re- sult of dumping in theiresent site. He felt the Council should do some- thing to stop it when it couldjmean the lives of some fishermen. There was considerable discussion on this matter with the Council requesting that Mr. Warden call a meeting of the various agencies in- volved to study and propose a site for future dredging tailings. (2) Councilman Jennings reported that there is to be a tour of the proposed Nacimiento Water Supply Project on October 2, 1974. A bus will load at 9:00 a.m. in the parking lot at the Veterans Memorial Building and the tour will last most of the day. It is necessary to make reservations for the tour. (3) Councilman Mitchell felt it was in order to introduce the new Fire Chief, Frank Stephens, which was done. Chief Stephens was congratulated by all on his new position in the City. D_2 City Attorney 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 23, 1974 Page Six (1) Mr. LeSage requested that Council adjourn to executive session at the end of the 'meeting to discuss a possible litigation matter. D-3 City Administrator (1) Mr. Warden stated that legislation had been passed with regard to contracting with Public Employees' Retirement System. It is now the City's responsibility to determine whether or not an employee should be retired because of a disability with regard to local safety members. Mr. Warden recommended that the Council appoint the City Administrator as the decision maker in this matter. This will enable the employee to have an appeals procedure to the City Council. If Council concurs, Mr. Warden will prepare a resolution to that effect. MOTION: Mayor Donohoo moved that the Council designate the City Administrator as the person making the de- termination as to whether or not a safety member is entitled to disability retirement with appeal procedures to the City Council. The motion was seconded by Councilman Jennings and unanimously carried. (2) Mr. Warden stated that two of the Planning Commissioner terms expire December 31, 1974: Ruth Woll and Chick Greenelsh. He requested Council permission to advertise for this position. Council concurred. (3) Mr. Warden stated that he had received correspondence from the State Lands Commission in which they made a finding that the City of Morro Bay has complied with the mandates of the State Tidelands Grant. (4) Mr. Warden reported that the City had recently received some furniture from San Luis Coastal Unified School District at no cost. These items will be used to help furnish the new Teen Center and the Senior Citizens Center. (5) Mr. Warden reported on two seminars he had attended; one with regard to the Better Communities Act and the other in- volving Human Resources Development. (6) Mr. Warden stated that he had been in conversation with an appraiser, Mr. Fugate, regarding the appraisal of the Morro Rock property. He requested Council permission to pay as high as $2500 for this appraisal. MOTION: Councilman Jennings moved that Staff be directed to proceed at the maximum of $2500 to have the Morro Rock property appraised. The motion was seconded by Mayor Donohoo. Mr. Giannini asked if the previous appraisal made of this property is not sufficient. Mr. Warden stated that it is not acceptable to the State in order for the City to obtain grant funds on this property. The motion was unanimously carried. Mr. Warden asked if he should include the appraisal of the two MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 23, 1974 Page Seven parcels the Council agreed to obtain near the treatment plant as well. Council agreed. (7) Mr. Warden presented the Financial'Statements for the period July 1, 1973, through 'June 30, 1974, July 1, 1974, through July 31, 1974, and July 1, 1974, through August 31, 1974, for Council consideration. MOTION: Councilman Mitchell moved for the approval of the Financial Statements for the periods July 1, 1973 through June 30, 1974; July 1, i974 through July 31, 1974; and July 1, 1974 through August 31, 1974. The motion was seconded by Mayor Donohoo and unanimously carried. (8) Mr. Warden presented the,Expenditure Reports for the periods August 16 through 31, 1974, and September 1 through 15, 1974, for the consideration of Council. MOTION: Councilman Jennings moved for the approval of the Expenditure Reports for the periods August 16 through August 31, 1974 and September 1 through September 15, 1974. The motion was seconded by Councilman Mitchell and unanimously carried. CORRESPONDENCE 1. Letter from the Santa Lucia Area Council, Inc. of the Boy Scouts thanking the City for use of the harbor patrol slip for the Sea Explorer boat. 2. Letter from The Golden Tee complimenting actions of Officers George Van Dyne and Ron Bryant in handling a situation at The Golden Tee. 3. Letter from the Stockton East Water Disrict urging opposition to Proposition 17, the Stanislaus River Protection Act of 1974 4. Letter from the City of Modesto urging opposition to Proposition 17 5. Letter from the City of Sonora urging opposition of Proposition 17 6. Letter from Park W. Smith thanking the City for taking care of a sewer problem at 600 Avalon Street MOTION: Councilman Jennings moved that the correspondence be filed. The motion was seconded by Mayor Donohoo and unanimously carried. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting adjourn to executive session to discuss possible litigation. The motion was seconded by Mayor Donohoo and unan- imously carried. The 'meeting adjourned to executive session at 9:06 p.m. and returned to regular session at 9:36 p.m. MINUTES_- MORRO BAY CITY COUNCIL Regular Meeting September 23, 1974 Page Eight MOTION: Councilman Jennings moved that Staff be authorized to secure an appraisal on the Zinn property on the corner of Shasta and Piney Way. The motion was seconded by Councilman Mitchell and unanimously carried. There 'was some discussion on this motion. MOTION: Councilman Jennings amended his motion to read that Staff be authorized to contact Mr. Fugate to appraise the Zinn property at the corner of Shasta and Piney Way. The amendment was accepted by Councilman Mitchell and un- animously carried. MOTION: Councilman Jennings moved that the meeting adjourn. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned at 9:37 p.m. RECORDED BY: M. L. WARDEN City Clerk BY• Ak�CCC i& Davis Deputy City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Saturday, September 21, 1974, at 9:00 a.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California; to consider applicants for Recreation Director. DATED: September 19, 1974 FRED R. DONOHOO, Mayor City of Morro Bay, California By: M. L. WARDEN, City Clerk MINUTES - MORRO BAY Special Meeting September 21, 1974 City Hall Conference CITY COUNCIL 9:00 a.m. Room The meeting was called to order at 9:00 a.m. by Mayor Donohoo. ROLL CALL PRESENT: Councilmen Brown, Jennings,.Mitchell, Pipitone and Mayor Donohoo ABSENT: None It was noted that this meeting had been called for the purpose of interviewing applicants for the position of Recreation Director with the City of Morro Bay. MOTION: Mayor Donohoo moved that the meeting adjourn to executive session to interview applicants for Recreation Director. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned to executive session at 9:16 a.m. and returned to regular session at 11:30 a.m. MOTION: Mayor Donohoo moved that the meeting recess for lunch. The motion was seconded by Councilman Brown and unanimously carried. RECESS 11:30 a.m. RECONVENED 1:40 p.m. MOTION: Mayor Donohoo moved that the meeting adjourn to executive session to continue interviewing applicants for Recreation Director. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned to executive session at 1:40 p.m. and returned to regular session at 2:20 p.m. MOTION: Councilman Mitchell moved that Council offer the position of Recreation Director with the City of Morro Bay to David Paul Braga at the top salary range for that position. The motion was seconded by Councilman Brown and unanimously carried. MOTION: Councilman Jennings moved that Council authorize hiring Val Wright for the position of Recreation Director, if Mr. Braga declines. The motion died for lack of a second. MOTION: Councilman Pipitone moved that Council authorize hiring Robert McCarthy for -the position of Recreation Director, if Mr. Braga declines. The motion was seconded by Councilman Brown and failed on the following roll call vote: AYES: Councilmen Brown and Pipitone MINUTES - MORRO BAY CITY COUNCIL Special Meeting September 21, 1974 Page Two NOES: Councilmen Jennings and Mitchell and Mayor Donohoo After discussion, it was decided that the Council would review the applications again should Mr. Braga decline the position of Recreation Director. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Mitchell and unanimously carried. The meeting adjourned at 2:30 p.m. RECORDED BY: �Cza 6_� M. L. WARDEN City Clerk PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the regular meeting of the Morro Bay City Council scheduled for September 9, 1974, has been cancelled by minute order of the Citv Council. DATED: August 27., 1974 I -RED R. DONOHOO, Mayor City of Morro Bay, California MINUTES - MORRO BAY CITY COUNCIL Special Meeting September 3, 1974 7:30 p.m. City Hall Conference Room The meeting was called to order at 7:30 p.m. by Mayor Donohoo. PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None It was noted that the meeting was called for the purpose of interviewing Frank Stephens for the open position of Fire Chief with the City of Morro Bay. MOTION: Councilman Jennings moved that the meeting adjourn to executive session to interview Frank Stephens for Fire Chief. The motion was seconded by Mayor Donohoo and unanimously carried. The meeting adjourned to executive session at 7:31 and returned to regular session at 8:11 p.m. MOTION: Councilman Pipitone moved that Frank Stephens be appointed Fire Chief for the City of Morro Bay at Step 3, Range 39, effective September 1, 1974. The motion was seconded by Councilman Jennings and unanimously carried. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Mitchell and unanimously carried. The meeting adjourned at 8:16 p.m. RECORDED BY: M. L. WARDEN City Clerk BY: V2C-JzZ/� lv� Ardith Davis Deputy City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Friday, August 30, 1974, at 5:00 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California; to consider personnel matters. DATED: August 29, 1974 FRED R. DONOHOO, Mayor City of Morro Bay, California By: 2 L. WARDEN, City Clerk m MINUTES - MORRO BAY CITY COUNCIL Special Meeting August 30, 1974 5:00 p.m. City Hall Conference Room The meeting was called to order at 5:00 p.m. by Mayor Donohoo. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None Mr. Warden stated that the meeting had been called for the purpose of discussing an important personnel matter. MOTION: Councilman Jennings moved that the meeting adjourn to executive session to discuss personnel matters. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned to executive session at 5:01 p.m. and returned to regular session at 5:36 p.m. MOTION: Councilman Jennings moved that Council accept the resignation of Jerome J. Faraone as Fire Chief for the City of Morro Bay. The motion was seconded by Councilman Brown and unanimously carried. MOTION: Councilman Jennings moved that Council appoint Assistant Fire Chief Frank Stephens as Acting Fire Chief at the range and step he was placed at when previously performing the duties of Acting Fire Chief. The motion was seconded by Councilman Pipitone and unanimously carried. MOTION: Councilman Jennings moved that the meeting be adjourned to Tuesday, September 3, 1974, at 7:30 p.m. in the City Hall Conference Room. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 5:38 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, August 26, 1974, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, Cali- fornia, and will consider the request of 'Central California Communications Corporation to modify sub- scriber rates with regard to Cable Television in the City of Morro Bay; at which said hearing any person interested may appear and express his views for, against, or in modification of said request. DATED: August 13, 1974 FRED R. DONOHOO, Mayor 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING August 26, 1974 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 12, 1974 HEARINGS, APPEARANCES AND REPORTS A-1 Public hearing on request of Central California Communications Corporation, Cable TV, for rate increase A-2 Report on wastewater reclamation project financing UNFINISHED BUSINESS B-1 Consideration of financing Centennial Stairway Project B-2 Set date to interview applicants for Recreation Director B-3 Resolution approving agreement between the City of Morro Bay and the State of California Department of Highway Patrol for Abandoned Vehicle Abatement participation B-4 Consideration of arguments regarding the Nacimiento Water Supply Project bond B-5 Consideration of preparing argument and impartial analysis regarding direct election of Mayor for November 5th ballot NEW BUSINESS C-1 Request of Virg Moores for lease on Lease Site No. 113W and extension thereto C-2 Consideration of claim for damages - Lloyd and Helen Hileman C-3 Request of Post Office for more convenient mail drop boxes on Napa Avenue C-4 Request for authorization to make application for permits from Corps of Engineers C-5 Resolution asking the League of California Cities to support legislation providing dual City -County control of the unincor- porated areas surrounding cities C-6 Consideration of Monte Young Park tennis courts C-7 Consideration of securing an appraisal for purchase of park 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 Meeting August 26, 1974 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Donohoo at 7:30 p.m. with the Pledge of Allegiance. Councilman Brown gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None MINUTES The minutes of the regular meeting of August 12, 1974, were considered by Council. MOTION: Councilman Jennings moved that the minutes be approved. The motion was seconded by Councilman Pipitone and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Public hearing on request of Central California Communications Corporation, Cable TV, for rate increase Mr. Art Hapgood, General Manager of the Southern Division of CATV was present to inform the Council of the reasons, CCCC had re- quested the rate increase. He explained that since Cable TV had gone into operation in the City of Morro Bay in 1963, there had been no rate increase. He reviewed the improvements and expenditures CCCC had put into the system since its inception, the increased costs in main- taining the system, and employee increased costs. Mr. Hapgood stated that the average monthly charge in the State of California is $5.84 and the average installation charge is $17.30. CCCC proposed to increase the monthly service charge from the present $4.75 to $5.75, add a 25� per month increase to all residen- tial added outlets, increase all first outlets for commercial accounts by $1.00, and add a 25C per month increase on all commercial added outlets. CCCC also proposed to reduce the installation charge from $11.95 to $10.00, if Council approves the other rate increases. Mr. Hapgood stated that he, along with several representatives from CCCC,were present to answer questions concerning this matter. Mayor Donohoo declared the public hearing open at 7:45 p.m. Steve Myrick asked if the increase in rates would result in better service; he discussed the switching over from local stations to Los Angeles stations. Mr. Hapgood discussed this stating that there are problems which his technicians try to deal with. As there were no further comments from the public, the hearing was closed at 7:50 p.m. Councilman Brown discussed with Mr. Hapgood some of the problems he has experienced with the system and with the Cable 'TV Staff in responding to these problems. E MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL August 26, 1974 Councilman Jennings stated that the complaints he has received from the citizenry deal with the lack of response from Cable TV personnel to problems experienced in the system. There was further discussion and questions from Council and Staff. Mr. Hapgood reviewed the eleven points entitled "Items of Concern" and explained which ones had been complied with and what the CCCC intends to do about the others. It was noted that CCCC would extend separate channels for KQED (San Francisco) and KTVU (Oakland) to Morro Bay within the year. If Council approved the increase in rates, the CCCC franchise agreement with the City would be changed to reflect a 3% fee to the City rather than the 2% presently paid. Councilman Jennings indicated that he would like to see this matter go to a committee for study and recommendations before Council grants the increase. Councilman Mitchell disagreed; he felt that the increase is justi- fied and that the changes in the franchise which had been proposed can be made and the increase incorporated at the same time. Councilman Brown agreed with Councilman Mitchell s'tating that CCCC has improved the system as they agreed to do; however, he did hope the communications for service to problem areas would improve. Mayor Donohoo also felt the increase was justified. Councilman Pipitone stated that he is opposed to an increase at this time; he felt that the eleven points should be complied with completely before an increase is implemented. MOTION: Councilman Mitchell moved that Council make a finding that the rate increase requested by Central California Communications Corporation is justified and that Council approve the in- crease as requested; that is, basic household charge from $4.75 to $5.75 per month, extra outlet from $1.00 to $1.25 and the other in- stallation charges as suggested. In addition, that a new agreement be drawn up which would include within it those things discussed this evening,such as the changing of the density provisions, as well as the franchise fee being raised to 3%, and that that agreement be pre- sented to the Council for approval. The motion was seconded by Councilman Brown. Councilman Jennings stated that he would vote "no" on the motion not because he was opposed to the increase, but because he felt more study should go into the matter before a decision is made. The motion carried on the following roll call vote: AYES: Councilmen Brown, Mitchell and Mayor Donohoo NOES: Councilman Jennings and Pipitone A-2 Report on wastewater reclamation project financing Mr. Warden informed the Council that they are in receipt of a 0 4 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 26, 1974 Page Three written report setting forth those items explained at the last Council meeting regarding the City's financing of the reclamation project out of City funds. He also informed the Council that Mr. LeSage had sub- mitted an opinion that this is a legal use of City funds. Councilman Mitchell asked about the equipment replacement reserve from which $105,000 of the funds were to be derived. Mr. Warden ex- lained that the 'Council sets aside a certain amount each year in the budget for this. The plan is to take funds off the top, so to speak, so that equipment needed this year or next will still be able to be Purchased. It is in effect borrowing from future equipment replacement which will be paid back by the time purchasing of the items is necessary. There was discussion about the $168,000 to be used from the monies budgeted for the million gallon storage tank. Mr. Warden stated that John Carollo Engineers had assured him that it would not be necessary to build this tank at this time in view of the proposed reclamation project. MOTION: Councilman Jennings moved that Council direct Staff to draw a resolution to transfer funds for this project as outlined in the memorandum from Mr. Warden. The motion was seconded by Councilman Brown. Mr. Warden stated that that motion was not in order at this time as he does not wish to transfer the funds until they are needed. He would like to have Council's indication that this is the way they intend to finance the City's portion of the project. This will enable Mr. Warden to present a plan to the satisfaction of the State. Mr. Warden stated that he would come back at a later date as needed with a resolution to transfer the necessary funds. MOTION: Councilman Jennings amended his motion to read that Council determine that the procedure outlined in the memorandum is the way the Council wishes to take to finance the re- clamation project. Councilman Brown accepted this amendment. There was further discussion regarding the motion and the ex- penditure of funds. It was noted that Council wishes to choose the seven year payback plan outlined in the memorandum rather than the ten year payback plan. Councilman Jennings amended his motion to in- clude that Council designate the seven year payback plan outlined in the memorandum to pay back the City funds proposed to be spent for the reclamation project. The amendment was accepted by Councilman Brown and carried on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell and Mayor Donohoo NOES: Councilman Pipitone RECESS 8:47 p.m. RECONVENED 8:55 p.m. 40 0 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL August 26, 1974 UNFINISHED BUSINESS B_1 Consideration of financing Centennial Stairway Project Mr. Warden informed the Council that since they had budgeted $11,000 towards the Centennial Stairway project, a reassessment of the project had taken place and it had been determined that prices have escalated considerably. It is now estimated that the total pro- ject costs, including the drainage work, will be somewhere in the order of $50,000. This means that the Council will have to budget an additional $28,000 if they wish to pursue this project. The $28,000 figure takes into account the $11,000 presently budgeted, the $8,009.68 in the Centennial Stairway fund, and the.$3,000 to be donated by the Centennial Stairway Committee. A legal opinion had been submitted by the City Attorney and he had determined that the City must go to bid on this project since it is a Public Works project to be built on City property and owned by the City. The other consideration had been for the City to coordinate the project using volunteer labor where possible. There is an estimated $7,000 to $14,000 figure to be considered on the drainage construction requirement which will have to be done by the City eventually whether or not there is a Centennial Stairway project. It will cost $7,000 if the construction is done by City forces, and $14,000 if done by contractor. The City must go to bid, legally, on this project; however, if the bid is as high as $14,000, the Council can reject the bid and delegate the construction to City forces. The reason that this is not suggested for the Stairway construc- tion is because it is felt by Staff that this project is too large for present City forces to handle. It was noted that the Centennial Stairway Committee -intends to keep sponsoring fund raising activities even after the project is completed and paid for by the City. Mary Cronin, a member of the Centennial Stairway Committee, read a letter from Lois Rowland, Committee Chairman, who was unable to be present at the Council meeting. The letter encouraged the Council to see this project through and detailed the efforts of the Centennial Stairway Committee since its inception. Councilman Brown was in favor of the additional allocation. He stated that this project had started in 1970 with architectural sub- missions for the proposed Stairway from Cal Poly students. There has been much work and effort on the part of many people towards the com- pletion of this project. MOTION: Councilman Brown moved that the City proceed with the project and authorize the additional $28,000 needed to finance the project. The motion was seconded by Councilman Jennings. There was further discussion on the matter with Councilman Mitchell stating that he was.in support of the project since it has been a community project that a great number of people have worked on and it is a project which has received very little opposition from the com- munity. Steve Myrick indicated that there would be further donations from the Home Show to be in October to the project. l MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL August 26, 1974 The motion was unanimously carried by roll call vote. B-2 Set date to interview applicants for Recreation Director Mr. Warden stated that the Parks and Recreation Commission had screened some sixty-five applications on August 24th and had selected thirteen of them to be interviewed for Recreation Director. He suggested Council set Saturday, September 21, 1974, at 9:00 a.m. in the City Hall Conference Room as the date, time, and place to interview the prospective applicants. Council concurred in this re- commendation. B-3 RESOLUTION NO. 63-74. Resolution approving agreement between the City of Morro Bay and the State of California Department of Highway Patrol for Abandoned Vehicle Abatement participation MOTION: Councilman Jennings moved that Resolution No. 63-74 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 63-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 63-74. The motion was seconded by Councilman Brown and unanimously carried. B-4 Consideration of arguments regarding the Nacimiento Water Supply Project bond Mr. Warden stated that the Council was in receipt of a draft argument in favor of the Nacimiento Water Supply Project which they could submit as is, make appropriate changes, or write another if they wished. This argument would be mailed to the voters in their sample ballots. The Council could either appoint one of their body to sign the argument or all five of the Councilmen can sign. Mayor Donohoo was in favor of the Council submitting an argument in favor of the ballot measure and felt that all members of the Council should sign it. MOTION: Councilmen Jennings moved that Council use the proposed argument as a guide and submit it to the County with Council additions and deletions included. The motion was seconded by Councilman Pipitone and unanimously carried. B-5 Consideration of preparing argument and impartial analysis re- garding direct election of Mayor for November 5th ballot Mr. Warden informed the Council that they can direct the City Attorney to prepare an impartial analysis of the measure for inclusion in the sample ballots if they wish. MOTION: Councilman Mitchellmoved that the City Attorney directed to prepare an impartial analysis of the MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL August 26, 1974 ballot measure regarding direct election of the Mayor and present it to the County Clerk for publication. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden stated that the Council could also, as a body, or direct one of their members to prepare an argument for or against the measure if they so wish. Council members discussed this,with Council- man Pipitone stating that he would be in favor of preparing an argu- ment against the measure, Councilman Jennings of the opinion that the impartial analysis was enough in this case, and Councilman Mitchell favoring an argument in favor of the measure. Mr. Warden explained the procedure with regard to argument, stating that it is the County Clerk's responsibility to choose an argument in favor and an argument against a particular measure if more than one comes in on either side. Only one argument for and one argument against is allowed to be inserted in the sample ballots. It was noted that individuals also have the opportunity to submit arguments for or against the measures. Council members decided not to write an argu- ment for or against this measure as a whole Council. NEW BUSINESS C-1 Request of Virg Moores for lease on Lease Site No. 113W and extension thereto Mr. Warden explained to the Council that Mr. Moores is requesting a City lease on what is presently a Use Permit site. He is also re- questing additional water area in order to build docks on that lease site. Letters have been received from lease holders on either side of him, Brebes Morro Bay Fisheries and Ralph Ruse, stating that they have no objections to Mr. Moores obtaining a lease on this area for the construction of docks. MOTION: Councilman Jennings moved that Council provide concept approval of the project and refer the matter to the Planning Commission for their approval and/or recommendations. The motion was seconded by Mayor Donohoo and unanimously carried. C-2 Consideration of claim for damages - Lloyd and Helen Hileman Mayor Donohoo stated that the Council was in receipt of a claim for damages from Lloyd and Helen Hileman. The proper procedure in this case is for the Council to deny the claim in order to allow the insurance company to pursue the matter. MOTION: Councilman Jennings moved that Council deny the claim of Lloyd and Helen Hileman. The motion was seconded by Councilman Brown and unanimously carried. C-3 Request of Post Office for more convenient mail drop boxes on Napa Avenue Mr. Warden stated that upon the request of the Post Office, Staff had studied the possibility of providing a mail drop box in the middle I 1] MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL August 26, 1974 of Harbor Street with two lane traffic in front of the Post Office in the northbound lane. This drop box would enable people to deposit mail without getting out of their cars or awkwardly trying to reach the other side of their cars to deposit mail in present mail box drop stations. Several alternatives had been presented to the Planning Commission and they had recommended this type of arrangement which has the concurrance of the Public Works Department and the Police Department. Mr. Warden estimates that the re -striping of the streets, etc., should cost no more than $500 to implement. There was discussion from Council regarding this matter with comments from Postmaster Dale Struve. Councilman Mitchell was of the opinion that the Planning Commission and Staff should take another look at the situation and see if the mail drop boxes could possibly be located in the Post Office parking lot. It was noted that this had not been a consideration in the investigations. MOTION: Councilman Jennings moved that Council approve Alternative A. The motion was seconded by Councilman Brown. Councilman Jennings stated that since this was the alternative chosen by the Planning Commission, Public Works and Police Departments, he felt that it had been properly investigated and was the best possible alternative. Councilman Mitchell still felt that another alternative, that of placing the mail drop box in the Post Office parking lot, should be looked into. He felt Alternative A would create traffic confusion. The motion was carried with Councilmen Mitchell and Pipitone voting "no". C-4 Request for authorization to make application for permits from .1 Corps of Engineers Mr. Warden stated that Council was in receipt of proposals for two projects; (1) annual revetment restoration and (2) Dunes Street fishing pier, boat docks, and marine pump=out facility. Staff was re- questing authorization to make application to the Corps of Engineers for permits for these projects. MOTION: Councilman Jennings moved that Staff be authorized to apply to the Corps of Engineers for the above mentioned projects. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden informed the Council that he would need two motions approving the applications separately. MOTION: Councilman Jennings moved that Staff be auth- orized to apply for a permit from the Corps of Engineers for the annual revetment rest- oration. The motion was seconded by Mayor Donohoo and unanimously carried. Ll C MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 26, 1974 Page Eight MOTION: Councilman Jennings moved that Staff be auth- orized to apply for a permit from the Corps of Engineers for the Dunes Street fishing pier, boat docks and marine pump -out facility. The motion was seconded by Mayor Donohoo and unanimously carried. MOTION: Councilman Jennings moved that the first motion authorizing Staff to apply to the Corps of Engineers for the above mentioned projects be recinded. The motion was seconded by Councilman Brown and unanimously carried. C-5 RESOLUTION NO. 64-74. Resolution asking the League of California Cities to support legislation providing dual City -County control of the unincorporated areas surrounding cities. MOTION: Councilman Jennings moved that Resolution No. 64-74 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 64-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 64-74. The motion was seconded by Councilman Pipitone and unanimously carried. C-6 Consideration of Monte Young Park tennis courts Mr. Warden stated that Council had budgeted $25,000 for two tennis courts at Monte Young Park for this fiscal year. Subsequent -to this allocation, the City had received a revised estimate for the cost of the two tennis courts from a landscape architect. Because of increa- sed prices, an additional $12,180 will be needed in order to proceed with the project. Councilman Pipitone suggested deleting the construction of the two tennis courts from this year's budget and applying the $25,000 currently budgeted for them to the Centennial Stairway Project. Ron Gieger, a member of the tennis team at the High School, spoke in favor of Council allocation of these funds for the tennis courts. MOTION: Councilman Jennings moved that Council authorize Staff to allocate the additional $12,180 required to proceed with the construction of the tennis courts. The motion was seconded by Councilman Brown and carried on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell and Mayor Donohoo NOES: Councilman Pipitone C-7 Consideration of securing an appraisal for purchase of park property Mr. Warden reminded the Council that the City is entitled to approximately $38,000 under the Parks and Recreation Bond Act for the MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL August 26, 1974 purchase of park property. The Council has previously designated the private property remaining in the area of Morro Rock as a priority for the use of these funds. Mr. Warden reported on conversations with the private property owner's representatives on possible purchase and/or donation of this property. He informed the Council that if they wish to pursue the acquisition of this property, it will mean that the Council must have an appraisal made of it. This must be done to satisfy the requirements of the State as well as establish a starting point for further con- versations with the owner. A preliminary appraisal was made of the property in question appro- ximately a year ago, however, this would not meet the State's require- ments and in any event, prices have escalated considerably since the appraisal was made. Mr. Warden was unable to get a definite price for the appraisal from local appraisers because they work on an hourly basis and they have no idea how "in depth" their appraisal of the property would have to be. MOTION: Councilman Jennings moved that Staff be auth- orized to proceed with obtaining an appraisal of the above mentioned property. The motion was seconded by Councilman Pipitone. There was discussion on the necessity for an appraisal time and Mr. Warden was of the opinion that this is the time the appraisal. The motion was unanimously carried by -,-.roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council Council members had nothing to report at this time. D=2 City Attorney Mr. LeSage was on vacation D-3 City Administrator at this to obtain (1) Mr. Warden informed the Council that the County will conduct a dog survey starting Wednesday, August 28, 1974. The City will have to participate in the expenses of this survey if it contracts with the County for animal services. (2) Mr. Warden stated that he is in receipt of a request from the Chamber of Commerce to use the City Park on November 9 and 10, 1974, for the Gibraltar of the Pacific Jubilee festivities, including the sale of beer, soda pop and refreshments. Mr. Warden stated that if the Council had no objections, he will bring a Use Permit for approval of this activity to the Council at the next meeting. Council had no objections. (3) Mr. Warden informed the Council that the next regular meeting date, September 9, 1974, is a holiday and suggested that 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 26, 1974 Page Ten Council either change the date or cancel the meeting. They are required to have only one meeting per month. MOTION: Councilman Mitchell moved that the regular Council meeting of September 9, 1974, be cancelled. The motion was seconded by Councilman Jennings and unanimously carried. (4) Mr. Warden stated that the Council had previously decided to rent the Welch property until the property is needed for some other City function. He suggested asking $150.00 per month for the house and the tenant pay all utilities. Council concurred in this recommendation. (5) Mr. Warden informed the Council that the County Air Pollution Control District had requested facilities from the City to locate an air monitoring site in Morro Bay. Mr. Warden stated that if the Council had no objections, they are to be allowed use of the small City utility building near the water tanks on Morro Bay Boulevard. Council had no objections. (6) Mr. Warden informed the Council that he plans to attend Financial Management Workshop on Federal Grant Programs in San Diego on September 26 and 27, 1974. (7) Mr. Warden presented the Expenditure Report for the period July 16 through 31, 1974, for the consideration of Council. MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period July 16 through 31, 1974. The motion was seconded by Mayor Donohoo and unanimously carried. (8) Mr. Warden presented the Expenditure Report for the period August 1 through 15, 1974, for the consideration of Council. MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period August 1 through 15, 1974. The motion was seconded by Councilman Pipitone and unanimously carried. CORRESPONDENCE None ADJOURNMENT MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned at 10:12 p.m. RECORDED BY: M. L. WARDEN City Clerk By: Ardith Davis l Deputy City Clerk n • CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING August 12, 1974 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 22, 1974 2. Minutes of the executive meeting of July 22, 1974 HEARINGS, APPEARANCES AND REPORTS A-1 Report on Nacimiento Water Project by Clinton Milne, County Engineer's Office A-2 Finance Committee report on A-3 Ambulance Committee report A-4 Hearing on vehicle abatement UNFINISHED BUSINESS funding of reclamation project B-1 Consideration of uses for "Letizia" and "Welch" properties and Fire Station No. 2 B-2 Resolution approving assignment of Lease Site No. 18 from George F. Baier and Ronald L. Myers to Zeke's Wharf B-3 Ordinance No. 127. Ordinance amending the Zoning Map of the City of Morro Bay as relates to a 33 acre parcel of undeveloped land lying southeasterly of the Harbor Front Tract B-4 Resolution calling a special election relating to election and term of office of the Mayor B-5 Resolution requesting the Board of Supervisors to consolidate said special election with statewide general election to be held on November 5, 1974 B-6 Resolution amending Resolution No. 48-74 - Salary schedules NEW BUSINESS C-1 Application for security patrol business license - Larry J. Bateson C-2 Request for time extension on construction of 14" Water Main C-3 Priority Plan for expenditure of Park Funds C-4 Resolution setting the tax rates and apportionments for the Fiscal Year 1974-75 C-5 Resolution directing that the unpaid charges for weed abatement be forwarded to the County Auditor for inclusion on the 1974-75 tax rolls C-6 Resolution directing that the unpaid charges for vehicle abate- ment be forwarded to the County Auditor for inclusion on the 1974-75 tax rolls C-7 1974-75 tax roll charges - Improvement District No. 6 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 August 12, 1974 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Donohoo at 7:30 p.m. with the Pledge of Allegiance. Councilman Brown gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None MINUTES The minutes of the regular and executive meeting of July.22, 1974, were considered by the Council. MOTION: Councilman Jennings moved that the minutes be approved. The motion was seconded by Councilman Brown and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Report on Nacimiento Water Project by Clinton Milne, County Engineer's Office Mr. Clint Milne and Mr. Wally• Burt were present from the County Engineer's Offif'? to bring the Council up to date on the Nacimiento Water Supply Project. Mr. Milne stated that originally Paso Robles, Templeton, Atascadero, San Simeon, Cambria, Cayucos, Morro Bay and the South Bay area were planning to participate in the project. How- ever, San Simeon, Cambria and Cayucos have decided that they cannot take part in the project at this time. This means that the unit cost has riscn •considerably for those remaining. He explained that the County had decided to provide capacity for those areas not partici- pating at this time, because eventually they will join; however, the County will pay for this extra expense. He also assured the City that those not participating now will have to pay the same amount or pro- portionate share as those joining at this time. Mr. Milne said that when he last spoke to the Council, he had quoted a figure of 10.2 million dollars for the total project. That figure has now been revised to 17.8 million dollars because of project inflation costs. Mr. Milne cited the various expenditures involved in the project to make this total which include a 12% per year inflation for a period of four years. He stated that each participating agency would pay for his proportionate share of the expenses and Morro Bay's share would be more than the others because of the water needs and the distance from the project starting point. Mr. Wally Burt explained how the charges would be apportioned. Morro Bay would have to pay $1,095,000 annual rate for the estimated amount of water needed which is 3,000 acre feet per year, or $365 per acre foot. Mr. Milne stated that what they needed from the City Council this evening was an indication as to whether or not Morro Bay wishes to place the matter before the voters in the November election. Paso Robles, Templeton, Atascadero and the South Bay area have all voted MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL August 12, 1974 place the matter on the ballot and the Board of Supervisors has re- commended that the question of whether or not the voters want to pay for this project by a revenue bond be placed on the November ballot; pending Morro Bay's decision to participate. Mr. Warden informed the Council that Staff had been researching alternatives for a water resources which would be less expensive than this project. Along with the geologist hired by the City to study the salinity in Chorro Basin, they have determined that at this point there is no resource comparable with the Nacimineto Project. MOTION: Councilman Jennings moved that Staff be directed to draw a resolution to be forwarded to the Board of Supervisors indicating that the City of Morro Bay was in favor of the Nacimiento Water Project being placed on the November ballot and that the City of Morro Bay endorses the project. There was discussion on this motion and it was noted that there is not time to draw a resolution to be presented to the Council for passage at a later date; a motion to the above effect would be suf- ficient. Councilman Jennings amended his motion to the Board -of Supervisors being notified that the City -of Monro.Bay.is in favor of the question of the Nacimiento Water Supply Project being placed on the November ballot and that the City of Morro Bay endorses this project. The motion was seconded by Mayor Donchoo and unanimously carried. A-2 Finance Commit -tee report on funding of reclamation project Councilman Jennings stated that the Finance and Audit Committee had met on July 25, 1974, to discuss possible alternatives of funding the City's proposed reclamation project. The discussion had revolved around "borrowing" certain monies from funds budgeted for various items and paying these back over a period of time. It was felt that $168,000 could be used which is currently budgeted for a one million gallon water tank. It is estimated that the City can put off building this tank for a few years if the reclamation project can be put into effect. Another $109,180 can be used which has been budgeted for the bridge across Morro Creek; it is felt that this money need not be paid back due to the vote of the people that they do not want a bridge across that area. Another $105,000 can be used from Equipment Replacement Reserve and $27,820 from Sewer Expansion re- serves. This adds up to $410,000 which would be the City's 12 1/28 share of the project. It was estimated that the City could pay back the various funds over a seven to eight year period. This would be done by charging a sewer user and connection charge. Councilman Jennings stated that the Committee had considered three alternate plans to funding: (1) place the question for a revenue bond on the November ballot; (2) request from the State an extension of priority listing:.into next year and place the question for a general obligation bond in March; and, (3) pay for the project out of City funds. 11 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL' August 12, 1974 The Committee recommended that the City pay for the project out of City funds and also request an extension of priority listing from the State for the project. This will enable the engineers to begin their work in September and meet their time schedules. Mr. Warden stated that the City would be saving on interest charges by paying for the project themselves. The sewer user charge is required by State grants and it is reasonable that the user bear the cost of the services. There were comments from Joseph Giannini questioning the City's right to use budgeted funds in this manner, Howard Gaines stating that the matter should be put on the ballot, and Mary Phillips quoting from--., the April, 1973, Journal of the Environmental Engineering Division. RECESS 8:46 p.m. RECONVENED 9:52 p.m. MOTION: Councilman Jennings moved that Staff be directed to request an extension of priority listing from the State on the Cityy's reclamation project and that the Council take the necessary action to come up with the 12 1/28 share of the project from City funds and not put the matter on the ballot in November. The motion was seconded by Mayor Donohoo. There was discussion on the motion. Mr. Warden stated that the request for time extension was to assure the City an opportunity to answer the questions the State has posed regarding the reclamation project. Councilman Mitchell stated that he would like to see a written report on the funds to be depleted and how they are to be paid back. He would also like an opinion from the City Attorney on the legality of these procedures. Councilman Pipitone agreed with this statement. Mr. Warden stated that this could be done as long as the Council was not in favor of putting the matter on the November ballot; if they are, there is a pressing time factor to consider. The motion failed on the following roll call vote: AYES: Councilman Jennings and Mayor Donohoo NOES: Councilmen Brown, Pipitone and Mitchell MOTION: Councilman Jennings moved that the City not place this issue on the ballot in November. The motion was seconded by Councilman Mitchell and unanimously carried. A-3 Ambulance Committee Report Mr. Warden stated that the Council had previously been advised that Mr. Barker was not able to continue his ambulance service on the present subsidy received from the County. The reason for this is the lack of calls in this area to supplement the subsidy. Mr. Barker receives on the average of 42 calls per month from the Morro Bay, Cayucos and South Bay area at a rate of $55.00 per month. He has indicated that in order to make the service pay, he would have to raise the rates anywhere from $70.00 to $120.00 per run, or receive u MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL' August 12, 1974 a minimum subsidy from the City of Morro Bay of $800.00 per month for the short term until .a more permanent subsidy amount or alter- natives could be decided upon. Mr. Warden said that the Public Safety Committee had met twice to study this matter and review the possibilities of the City going into the ambulance business. They had determined that after two years of spending City funds on the operation, the City would be in a position of paying less annual costs as opposed to an increased subsidy. This could be turned into a rate reduction for the customers. The Committee had studied the feasibility of the Fire Department taking on this service and had investigated the possibility of training Fire Department personnel as Emergency Technicians. This had been discovered to be possible, along with the discovering that perhaps 70% of the training and capital costs could be funded by the State/ Federal government. Mr. Warden stated that he had received a subsequent letter from Mr. Barker which contained a proposal as follows: (1) continue the existing service area; (2) City grant him a franchise for the City of Morro Bay; (3) City provide him a.suitable building for housing ambulance equipment, personnel, and office activities; (4) City allow Police Department to act as an answering service when ambulance personnel are out of the office; and (5) City provide a monthly subsidy of $1510.00. Mr. Warden stated that he had received letters from Drs. Gordon and Ward recommending that the City not go into ambulance service. He had also received a lengthy telegram from Mr. Weitzman, Executive Sec- retary of the California Ambulance Association along the same line. The telegram had quoted a Fire Chief Lou Weitzman of the Scottsdale, Arizona, Fire Department also speaking against City operation of an ambulance service. Mr. Warden had contacted Fire Chief Weitzman re- garding this statement and was informed that the quotation was taken out of context and that it is possible for a City operated ambulance to work. Comments were heard from Gideon Peirce, Tim Marin, Mr. Cardia, Mr. Miller, Mrs. Collier, Jane Orvis, Mr. Giannini and Ray Gallo representing Mr. Barker in favor of retaining Mr. Barker's services as ambulance service. Mr. Gallo explained to the Council that he did not feel the City could run the ambulance service as efficiently as Mr. Barker. Mr. Barker and his personnel were trained men who want the type of job they are in, whereas the City would be telling the firemen that they must now act as ambulance attendants as well as firemen. He felt that the City would run into problems if there was a fire and a medical emer- gency at the same time. Councilman Pipitone questioned why Morro Bay was chosen for the request for increase when the City contracts through the County for ambulance services. Why had not Mr. Barker made his appeal to the County first? Mr. Gallo stated that the County had already indicated an unwillingness to supplement Mr. Barker's subsidy, however, he does plan to petition the Board of Supervisors as soon as possible. Mr. Barker's problem is now; he cannot meet his present.payroll and he cannot continue to operate unless his subsidy is increased. MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL August 12, 1974 Councilman Mitchell stated that Mr. Barker had told the Com- mittee that he would stay in business no matter what the City decides to do. Mr. Barker stated that he will try to stay in business as long as it is economically feasible. Comments were heard from Norman Murray and Mr. Barker. There was discussion of the ambulance service currently operating in the South Bay area. MOTION: Councilman Mitchell moved that Council approve the payment of $800.00 per month to Mr. Barker as a subsidy for a period of ninety days during which Mr. Gallo will contact the County and dis- cuss this matter with them; also that Council make a determination as to how quickly a training period can be accomplished for fire department personnel with either Cuesta or Allan Hancock College and that the matter be brought back at the end of the ninety day period for further consideration by Council and that Mr. Gallo be present to report on his discussions with the County. The motion was seconded by Councilman Pipitone. There was further discussion as to when the additional subsidy would be effective. It was noted that the $800.00 figure includes the City's present $256.00 payment to the County. Councilman Mitchell amended to include payment as of now or as soon as possible as advance payment for the next thirty day period depending on the City Attorney's opinion of the legality of this action. The amendment was accepted by Councilman Pipitone. There was further discussion on the motion with Councilman Mitchell stating that although the Committee had recommended that the City go into the ambulance business itself, he was in favor of the above action. However, there had been considerable discussion about Mr. Barker's sympathies with the people of this area and his care of them. Councilman Mitchell reminded the people that just a year ago Mr. Barker had given the City one day notice that he was terminating his ambulance service, which wasn't a very good indication of where his sympathies lay. Councilman Mitchell stated that it has always been his intention that the citizens of this City should not be without an ambulance service, and thus, the City's consideration of going into the business themselves. This would avoid another situation like that which the City was faced with a year ago. The motion was unanimously carried by roll call vote. RECESS- 10:25 p.m. RECONVENED 10:30 p.m. A-4 Hearing on vehicle abatement Mr. Warden stated that there are four abandoned trailers located on City property at the launch.'ramp on the Embarcadero. He stated that there are no license plates on the trailers, so identification of the 'owners is not possible. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL August 12, 1974 Mayor Donohoo opened the public hearing at 10:37 p.m. and called for presentations regarding these trailers. As there were no pre- sentations, the hearing was closed at 10:37 p.m. MOTION: Councilman Jennings moved that Staff be directed to abate the abandoned trailers in accordance with the vehicle abatement ordinance. The motion was seconded by Councilman Brown and unanimously carried. UNFINISHED BUSINESS B-1 Consideration of uses for "Letizia" and "Welch" properties and Fire Station No. 2 Mr. Warden stated that this item had been under discussion for sometime in Council meetings and Committee meetings. With regard to the "Welch" property it was recommended by the Committee that the single story residence be rented since the cost of remodeling it for public offices is too high. The two-story building in back is recommended for storage space. It is estimated that the "Letezia" property could be brought up to Building Code requirement for use by an organization for about $3200.00. Fire Station No. 2 could be brought up to Code for appro- ximately $2500.00. There had been requests from the Concern for Youth Council and the Senior Citizens for office space. The Committee recommended that Fire Station No. 2 be used as an interim Senior Citizens Center. It was felt that the building could be partitioned to allow for more privacy during clinic examinations. They recommended that the "Letizia" property be used for a Teen Center under the Concern for Youth Council and in conjunction with the Recreation Department. Mr. Leonard Goldman, speaking on behalf of the Senior Citizens, requested that the Council give consideration to letting the Senior Citizens have the "Letizia" property. He stated that the Senior Cit- izens had taken a count of some 433 senior citizens in Morro Bay. The greater percentage of them live in the central business district area. He stated that a number of them are widows without means of transportation. The Council was presented with written information as to the services rendered by the Senior Citizens Incorporated, the number of members, their use of the bus, etc. Judge Schenk, representing the Concern for Youth Council, urged Council consideration of a Teen Center for the "Letizia" property. He stated that the Concern for Youth Council has been in existence for approximately five years and has been working towards a Teen Center for approximately three and one-half years. He stated that there is a very real need for a center of this type for the City's youth. There are approximately 600 to 700 youths between the ages of 12 to 16 who would be served by such a center. The reason for the request for the "Letizia" property is its central location and easy access- ibility. The City park, Foster's Freeze, the theater, a proposed amusement center are all the in the area. This age group also has a transportation problem; none -.of them is old enough to drive. The Senior Citizens for the most part can and do drive and if they are unable they have the Senior Citizens bus to transport them. There was discussion of the Committee's recommendation by Council. MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL August 12, 1974 MOTION: Councilman Jennings moved that Council direct Staff to implement the four recommendations of the Committee as listed in the Memorandum. The motion was seconded by Councilman Mitchell. Councilman Pipitone stated that he did not feel the Teen Center would get the use during the school year that it might during the summer. He felt that for nine months out of the year it would only be used part time. Mayor Donohoo stated that the Concern for Youth Council would be using the building in conjunction with the Recreation Department, so it would get additional use. Comments were heard from Mary Phillips regarding health problems at Fire Station No. 2 and Gene Shelton in favor of the "Letizia" property for use by the Teen Center. The motion was carried on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell and Mayor Donohoo NOES: Councilman Pipitone B-2 RESOLUTION NO. '55-74. Resolution approved assignment of Lease Site No. 18 from George F. Baier and Ronald L. Myers to Zeke's Wharf MOTION: Councilman Mitchell moved that Resolution No. 55-74 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 55-74 by. -title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 55-74. The motion was seconded by Councilman Brown and unanimously carried. B-3 ORDINANCE NO. 127 - Ordinance amending the Zoning Map of the City of Morro Bay as relates to a 33 acre parcel of undeveloped land lying southeasterly of the Harbor Front Tract - second reading MOTION: Councilman Jennings moved that Ordinance No. 127 be read by title only. The motion was seconded by Councilman Mitchell and unanimously carried. Mr. Warden read Ordinance No. 127 by title only. MOTION: Councilman Jennings moved for the adoption of Ordinance No. 127 and that this constitute the second and final reading of said ordinance. The motion was seconded by Councilman Pipitone and unanimously carried. B_4 RESOLUTION NO."56=74. Resolution calling a special election relating to election and term of office of the Mayor MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL August 12, 1974 MOTION: Councilman Jennings moved that Resolution No. 56-74 be read by title only. The motion was seconded by Councilman Mitchell and unanimously carried. Mr. Warden read Resolution No. 56-74 by title only. MOTION: Mayor Donohoo moved for the adoption of Resolution No. 56-74. The motion was seconded by Councilman Brown and carried with Councilmen Jennings and Pipitone voting "no". B-5 RESOLUTION NO. 57-74. Resolution requesting the Board of Supervisors to consolidate a special election with Statewide general election to be held on November 5, 1974 MOTION: Councilman Jennings moved that Resolution No. 57-74 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 57-74 by title only. MOTION: Mayor Donohoo moved for the adoption of Resolution No. 57-74. The motion was seconded by Councilman Brown and carried with Councilmen Jennings and Pipitone voting "no". B-6 RESOLUTION NO. 58-74. Resolution amending Resolution No. 48-74 which adopts, 'apositions classifications and salary schedule, describes methods of advancement and repealing previous salary resolutions This resolution includes the City Administrator's salary which was originally eliminated from the resolution. MOTION: Councilman Jennings moved that Resolution No. 58-74 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 58-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 58-74. The motion was seconded by Councilman Brown and unanimously carried. NEW BUSINESS C_1 Application for security patrol business license - Larry J. Bateson Mr. Warden stated that the City's Business License Ordinance states that this type of business license must be approved by the City Council. The Police Department has investigated the matter and finds that there is no reason to deny Mr. Bateson a security patrol license. MOTION: Councilman Jennings moved that the application of Larry J. Bateson for a secruity patrol business license be granted. The motion was seconded by Councilman Brown and unanimously carried. L MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 12, 1974 Page Nine C-2 Request for time extension on construction of 14" water main Mr. Warden stated that this time extension is being requested because of a shortage of materials by one of the sub contractors; thus, the contractor was unable to meet the 'contract deadlines. MOTION: Councilman Jennings moved that Council grant a thirty-nine day extension to make the final completion date of the project October 7, 1974. The motion was seconded by Councilman Brown and unanimously carried. Mayor Donohoo complimented the City Engineer on his informative reporting of Engineering activities in his department. C_3 RESOLUTION NO. 59-74. Resolution approving priority plan for expenditures under provisions of the State Beach, Park, Recrea- tion and Historical Facilities Bond Act of 1974. The Council was in receipt of a memo from the City Administrator explaining that priorities must be established for these funds. The priorities the Staff has recommended are (1) acquisition of property in the Morro Rock area and (2) acquisition of property on the sand spit. It was noted that the priorities can be changed from time to time. MOTION: Councilman Jennings moved that Resolution No. 59-74 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 59-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 59-74. The motion was seconded by Councilman Brown and unanimously carried. C-4 RESOLUTION NO. 60-74. Resolution setting the tax rates and apportionments for the Fiscal Year 1974-75 Mr. Warden informed the Council that the tax rate is being set this year at $1.00 per $100.00 assessed valuation as opposed to $1.05 last year. This is because the sewer bond redemption is paid off; in fact, there is a surplus which will be put in the City's general fund. Although the City's assessed valuation has dropped, it is not recommended that the tax rate be increased this year. MOTION: Councilman Jennings moved that Resolution No. 60-74 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 60-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 60-74. The motion was seconded by Mayor Donohoo and unanimously carried by roll call vote.' MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 12, 1974 Page Ten C-5 RESOLUTION NO. 61-74. Resolution for weed abatement be forwarded to on the 1974-75 tax rolls directing that the unpaid charges the County Auditor for inclusion MOTION: Councilman Jennings moved that Resolution No. 61-74 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 61-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 61-74. The motion was seconded by Councilman Brown and unanimously carried. C-6 RESOLUTION NO. 62-74. Resolution directing that the unpaid charges for vehicle abatement be forwarded to the County Auditor for in- clusion on the 1974-75 tax rolls MOTION: Councilman Jennings moved that Resolution No. 62-74 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 62-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 62-74. The motion was seconded by Councilman Brown and unanimously carried. C-7 1974-75 tax roll charges - Improvement District No. 6 Mr. Warden explained that with the inception of Improvement District No. 6, the County declined to administer this project, so it was left to the City to take care of it. Each year the City must forward the charges for that fiscal year to the County Auditor for inclusion on the tax rolls. MOTION: Councilman Jennings moved that Staff be directed to forward the assessments and appropriate amounts of interest for Improvement District No. 6 to the County Auditor for inclusion on the 1974-75 tax rolls and also that any assessments uncollected from prev- ious years for Improvement District No. 6 be added to the 1974-75 tax rolls. The motion was seconded by Mayor Donohoo and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council (1) Councilman Pipitone suggested that Council members study the super tanker port issue by Standard Oil and take a stand on it and forward their feelings to the Board of Supervisors. Mr. Nuzum stated that there would be hearings on the matter by the Planning Commission. D_2 City Attorney Mr. LeSage had nothing to report at this time. • C� MINUTES - MORRO Regular Meeting Page Eleven BAY CITY COUNCIL August 12, 1974 D-3 City Administrator (1) Mr. Warden asked Mr. LeSage to report on his investigation with regard to the City's involvement in the construction of the Centennial Stairway. Mr. LeSage informed the Council of the requirements of the Davis - Bacon Act which states laborers be paid the minimum wage or the higher State wage minimum established for public projects. This must be complied with if twenty-five percent or more of the project funds are coming out of Federal Revenue Sharing funds. Other aspects of the memorandum deal with the necessity for going to public bid on the project. Mr. Warden reported that current estimates on the project show that the project will now cost approximately $40,000 which will mean that if the City wishes to have the project constructed this year, the Budget will have to be amended to include an additional $30,000. Council members discussed this matter with Mayor Donohoo suggesting that the City go ahead with the project, since it is not going to get any cheaper. MOTION: Mayor Donohoo moved that Staff be directed to develop cost figures on this project and bring them back to Council at the next meeting for the appropriation of funds. The motion was seconded by Councilman Jennings and unanimously carried. (2) Mr. Warden informed the Council that the Coastal Commission will be considering the Appearance and Design Element of the Coastal Plan at 4:30 p.m. in the Morro Bay Recreation Hall on Tuesday, August 13, 1974. He urged Council to attend as this would be one of the most important elements of this plan and the one most likely to have the greatest impact. Council members discussed this element and indicated that they were generally not in favor of the comments .therein. MOTION: Councilman Mitchell .moved that Staff be present at this meeting and express Council's views on this element. The motion was seconded by Councilman Jennings and unanimously carried. (3) Mr. Warden asked Council members to set a hearing date for the request of Central California Communications Corporation to increase rates on Cable Television. Council set August 26, 1974, as the hearing date for this matter. (4) Mr. Warden recommended that the Council request the Parks and Recreation Commission to review applications for the position of Recreation Director with the City of Morro Bay. After they make their recommendations, the Council can set a date and interview those chosen. Council concurred with'this recommendation. (5) Mr. Warden reminded Council to get their reservations in for MINUTES - MORRO Regular Meeting Page Twelve BAY CITY COUNCIL ' August 12, 1974 the League of California Cities annual convention in Los Angeles. Council members discussed the high rates.being charged for motels and the possibility of amending the 'Travel Expense Resolution to take care of these rising costs. MOTION: Councilman Mitchell moved that the matter of amending the Travel Expense Resolution be referred to the Audit and Finance Committee for their study and recommendations to Council. The motion was seconded by Councilman Pipitone and unanimously carried. (6) Mr. Warden requested Council permission to attend the League of California Cities Institute on Human Resources Development in Oakland on September 11 - 13, 1974. MOTION: Councilman Jennings moved that Council approve the request of Mr. Warden to attend this institute. The motion was seconded by Councilman Mitchell and un- animously carried. (7) Mr. Warden reported on two letters to the City Council from tourists objecting to the tickets received for illegal parking. Mr. Warden stated that he had written a letter to these people explaining the City's policies. (8) Mr. Warden informed the Council that City Employees Doug Stuart, Gerald Ramos, Clyde Fry, Albert Copeland, Gary Donovan, John Linhares and D. Richard Huntington had received Water Treatment Facility Operator certificates from the State Department of Public Health. Also, John Oliver and Bryan Bode had received certi- ficates for Maintenance of Waste Water Facilities. Gerald Mendez had received a commendation from the Police Department for his performance of activities assisting the Police Department beyond the normal call of duty. Mr. Warden stated that all of these employees had received letters from him congratulating them and thanking them for their interest in the City. (9)' Mr. Warden informed the Council that he had received in- formation regarding the lots on Main Street across from the A & W which the Council had requested. The lots were selling for $6800 each, or $68,000 for all ten lots. MOTION: Councilman Jennings moved that the Council not consider purchasing this property at this time. The motion was seconded by Mayor Donohoo and unanimously carried. CORRESPONDENCE 1. Letter from the City of Grover City requesting that the City of Morro Bay support their position with regard to mail boxes located'in the public right-of-way. 2. Mayor Donohoo stated that he had received a letter from the Friends of Roandoak thanking.the Council for their decision to lease the property at the "Boone" well site to them. MOTION: Councilman Jennings moved that the correspondence be filed. The motion was seconded by Mayor Donohoo and unanimously carried. MINUTES - MORRO Regular Meeting Page Thirteen BAY CITY COUNCIL August 12, 1974 ADJOURNMENT MOTION: Mayor Donohoo moved that the meeting The motion was seconded by Councilman unanimously carried. The meeting adjourned at 11:50 p.m. RECORDED BY: M. L. WARDEN City Clerk BY: Ardith Davis Deputy City Clerk be adjourned. Jennings and 6 i CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING July 22, 1974 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 July 8, 1974 2. Minutes of the executive meeting of. July 8, 1974 3. Minutes of the regular meeting of July 8, 1974 4. Minutes of the executive meeting of July 8, 1974 HEARINGS, APPEARANCES AND REPORTS A-1 Continued hearing on zoning ordinance amendments - first reading of proposed ordinance A-2 Status report on reclamation project UNFINISHED BUSINESS B-1 Consideration of bids for "Boone" property B-2 Resolution approving agreement with San.Luis Obispo County Hotline, Inc. B-3 Resolution confirming canvass of Special Municipal Bond Election NEW BUSINESS C-1 Resolution approving agreement with Morro Bay Chamber of Commerce for Fiscal Year 1974-75 C-2 Consideration of petition to Council regarding direct election of Mayor C-3 Consideration of request for time extension on mandated elements of the General Plan C-4 Consideration of leasing of Commercial Mooring Zone Al-4 C-5 Resolution calling for a contract with the California Highway Patrol for Abandoned Vehicle Abatement participation C-6 Consideration of request of Gerald Mason for Baie'r/Myerstto assign leasehold interests in Lease Site No. 18 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 July 22, 1974 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Donohoo at 7:30 p.m. with the Pledge of Allegiance. Councilman Brown gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None MINUTES The minutes of the special and executive meeting of July 8, 1974 and the regular and executive meeting of July 8, 1974, were considered by the Council. MOTION: Councilman Jennings moved that the minutes be approved. The motion was seconded by Councilman Brown and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 ORDINANCE NO. 127. Ordinance amending the zoning map of the City of Morro Bay as relates to a 33 acre parcel of undeveloped land lying southeasterly of the Harbor Front Tract. Mr. Warden stated that this ordinance amendment involved the Domenghini property and had been previously considered by the Council. It changes the zoning from "R-A" to "R-2, S-3". Mr. Warden read Ordinance No. 127 in its entirety. MOTION: Councilman Jennings moved that this constitute the first reading of Ordinance No.,,127. The motion was seconded by Councilman Brown and unanimously carried. A-2 Status report on reclamation project Mr. Warden stated that since the last Council meeting, he has written to the State people and been trying to resolve the out- standing objections of the State to the City's reclamation project. One of these is the obtaining of contractual agreements from the farmers and the County for El Chorro Park to use.the water. Mr. Warden has been in discussion with the County Planning Director and Engineer regarding E1 Chorro's use of the reclaimed water. The County staff members will be attempting to get a commitment to use this water from the Board of Supervisors within thirty days. Mr. Warden has also engaged Mr. John Mann to study the salinity problem in Chorro Basin, which is the other main concern of the State with regard to the reclamation project. Mr. Mann should complete his study within thirty days. Mr. Warden stated that the City has two problems for consideration - supplemental water and; waste discharge requirements. With regard to supplemental water needs, Mr. Warden reviewed the Nacimiento Water project, 11 MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL July 22, 1974 the proposed State Water project and the City's reclamation project. He reviewed the advantages and disadvantages of each. He also dis- cussed waste discharge and compared the proposed reclamation system with a modified reclamation system and a total ocean outfall. The costs of all three alternatives would probably equal out over a period of years due to the various advantages and disadvantages of each. Mr. Warden then reviewed the financing alternatives if the Council decided to go with the full reclamation project. The City could either place a revenue bond on the November ballot, place a general obligation bond on a ballot in March (due to election laws, the City cannot place another general obligation bond on the ballot within six months of the last one) or pay for the project out of present resources. Mr. Warden said the advantage of a general obligation bond is that the utilities participate in the paying of it, whereas a revenue bond is paid by the user only. He said that Staff had briefly studied the possibility of paying for the project out of present resources and they think it can be done with good money management; however, he would like Council to have the Council Audit and Finance committee study this thoroughly with Staff before agreeing to go that route. Mr. Warden stated that there are various time elements involved no matter which way the Council decides to go. The engineers must start plans and specifications on the project by September, 1974 and have them completed by May, 1975 in order to meet State requirements. The Council will have to decide if it wants to take the risk of paying the engineering costs involved by itself if the project fails either as a result of a measure on the November ballot or because State concept approval was not granted. These costs will be ex- pensive. Mr. Warden has written to the State asking if they will participate in these costs since their delay in giving concept approval of the project by March of 1974 has created the timing problem. He has not yet received a response to this. He also asked if the State would let the City's project retain its priority listing in the next fiscal year should the Council decide to go for a general obligation bond on the March ballot. Mayor Donohoo was in favor of having the Council Audit and Finance Committee study the feasibility of the City paying for the project themselves. Councilman Mitchell was in favor of a general obligation bond since it spreads the participation of payment around to the utilities. Comments were heard from Mr. Howard Gaines against taxing the property owners for this project. RECESS 8:41 p.m. RECONVENED 8:46 p.m. Mayor Donohoo directed the City Administrator to set a date for the Finance and Audit Committee to study possible City financing of the reclamation project. UNFINISHED BUSINESS B-1 Consideration of bids for lease of "Boone" property r MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL July 22, 1974 Mr. Warden stated that Council had directed Staff to put this pro- perty to bid. He has received two bids for the property; one from L. L. Flood in the amount of $125.00 per year and one from Friends of Roandoak in the amount of $120.00 which also states the uses planned for the area. MOTION: Councilman Jennings moved that Council award the bid to Friends of Roandoak in the amount of $120.00 per year for the use of the property. The motion was seconded by Councilman Mitchell. Mr. Flood asked why his bid, which is larger, is being ignored. Councilman Mitchell stated that he had been in favor of the Roandoak people having the property from the start because he feels they provide a real and needed service to the community. The motion was carried on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell and Mayor Donohoo NOES: Councilman Pipitone B-2 RESOLUTION NO. 49-74. Resolution approving agreement with San Luis Obispo County Hotline, Inc. Mr. Warden stated that a correction was needed to the agreement on page one, paragraph number two. The amount cited should be $110.00 rather than $100.00. MOTION: Councilman Jennings moved that Resolution No. 49-74 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 49-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 49-74. The motion was seconded by Councilman Brown and unanimously carried. B-3 RESOLUTION NO. 50-74. Resolution confirming canvass of Special Municipal Bond Election Mr. Warden informed the Council that the City had just received the County Clerk's certification of the canvass of the June election and the proposed resolution is confirming that canvass. MOTION: Councilman Jennings moved that Resolution No. 50-74. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 50-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 50-74. The motion was seconded by Councilman Brown and unanimously carried. r u MINUTES - MORRO Regular Meeting Page Four NEW BUSINESS BAY CITY COUNCIL July 22, 1974 C-1 RESOLUTION NO."51-74. Resolution approving Agreement with Morro Bay Chamber of Commerce, Fiscal Year 1974-75. Councilman Brown stated that the minimum set by Council for the Chamber to receive for the coming fiscal year should be inserted in Number 4 on Page 3 of the Agreement along the set 25% of the occupancy tax receipts. Mr. Warden stated that this correction would be made. Councilman Pipitone questioned the requirement in the Agreement that the Chamber promote events such as "Rock-O'Rama"; the title of this event had been changed. Mr. Warden stated that the Chamber would not be held to the title of the event. MOTION: Councilman Jennings moved that Resolution No. 51-74 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 51-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 51-74. The motion was seconded by Councilman Brown and unanimously carried. C-2 Consideration of petition to Council regarding direct election of Mayor Mr. Warden stated that a petition had been duly filed requesting that the question "Shall the electors elect a Mayor and four City Councilmen?" and the term of such be put to the voters at a special election. The petition contains some 875 signatures and it appears that there would be enough legal signatures to make it mandatory for the Council to put this matter on the ballot. He suggested, however, that Council eliminate the necessity of checking each and every signature and authorize the City Clerk to draw the necessary papers to consolidate this election with the November election. MOTION: Mayor Donohoo moved that Staff be directed to present the appropriate resolutions for Council adoption regarding this matter. The motion was seconded by Councilman Jennings. Councilman Brown questioned the wording of the questions "Shall the term of Office be two years?" and "Shall the term of Office be four years?" Mr. Warden stated that the Government Code sets forth the manner in which the questions shall be put to the voters and the words "of Mayor" are inserted in both questions after the word "Office". The motion was unanimously carried. C-3 Consideration of request for time extension on mandated elements of the General Plan Mr. Warden explained that the County has requested a time extension on the seismic safety element, the noise element, the safety element and the scenic highway element; and, since the City's same elements will �J 0 MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL July 22, 1974 require input from the County, the 'City should also request such time extension. RESOLUTION NO. 52-74. Resolution requesting General Plan Element time extension MOTION: Councilman Jennings moved that Resolution No. 52-74 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 52-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 52-74. The motion was seconded by Councilman Pipitone and unanimously carried. C-4 Consideration of leasing of Commercial Mooring Zone Al-4 Mr. Warden stated that the Council had provided for commercial mooring zones in the Harbor Ordinance. The memorandum presented to Council suggests a schedule of fees for the leasing of the water area using, as a basis, the same formula used for computing lease site square foot. Using this figure with the formula used for lease site computation, Staff had come up with $147.94 Annual Rental per Grid, or about $12.00 per month. If Council agreed with this concept, Mr. Warden would draw up the bid requirements. MOTION: Councilman Brown moved that the City Administrator be directed to prepare bid requirements on Mooring Zone Al-4. The motion was seconded by Councilman Jennings. It was noted that the memorandum requested that the City Adminis- trator be authorized to secure bids. Councilman Brown amended his motion to the City Administrator be allowed to secure bids for Mooring Zone Al-4. The amendment was accepted by Councilman Jennings and unanimously carried. C_5 RESOLUTION NO. 53-74. Resolution calling for a contract with The California Highway Patrol for abandoned vehicle abatement participation MOTION: Councilman Jennings moved that Resolution No. 53-74 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 53-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 53-74. The motion was seconded by Councilman Brown. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL July 22, 1974 Councilman Mitchell asked what the resolution does. Mr. Warden stated that the City will be eligible for reimbursement from the State Vehicle Abatement Fund for vehicles removed from private property at City expense. The motion was unanimously carried. C-6 Consideration of request of Gerald Mason for Baier/Myers to assign leasehold interests in Lease Site No. 18 Mr. Warden explained that the change in ownership would be with- out any changes to the use on the lease site. MOTION: Councilman Jennings moved for the approval of the request of Mr. Mason for Baier/Myers to transfer leasehold interests in Lease Site No. 18. The motion was seconded by Councilman Brown. Councilman Mitchell stated that he had talked to Mr. Mason earlier in the day and there was some question as to whether the entity taking possession of the lease site is considered a partnership or a corp- oration. Mr. Warden stated that he would get in touch with Mr. Mason prior to drawing the appropriate documents for the transfer. The motion was unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council Council members had nothing to report at this time. D_2 City Attorney (1) Mr. LeSage stated that he has studied the matter with regard to the property located on Main Street across from the A & W Rootbeer stand. He says that the property owners do have a right to access on Main Street, however, developers will be subject to the Environmental Quality Act, and because of the trees and the extensive grading which would be required, it may be that they would have to provide access elsewhere. Mr. Warden stated that the lots are presently listed with a broker at $8,000 each, however, he is trying to see if the property owner would reduce that price. At any rate, any developers are going to have a difficult time developing that property. Council directed Mr. Warden to see if the prices for City acquisi- tion of the properties would be any less than $8,000 per lot. D-3 City Administrator (1) Mr. Warden stated that the Council had previously considered the removal of a hazardous tree at 958 Marina, but had postponed removal until the Gas Company could make attempts to save it. Since that time, however, the Layton Tree Service people had re- commended the immediate removal of the tree; it has deteriorated further since their last assessment of it and poses a hazard to the MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 22, 1974 Page Seven community. Council concurred with this recommendation. (2) Mr. Warden stated that he had a resolution he wished Council to pass which would formalize their approval of the purchase of the property at the corner of Harbor and Shasta Ave- nue. RESOLUTION NO. 54-74. Resolution accepting deed from W. Stuart Potter and Thelma J. Potter, husband and wife, and authorizing recordation MOTION: Councilman Jennings moved for the adoption of Resolution No. 54-74. The motion was seconded by Councilman Brown and unanimously carried. (3) Mr. Warden stated that the Channel Counties Division of the League of California Cities will meet at the Madonna Inn in San Luis Obispo on August 9, 1974. All Councilmen indicated that they and their wives would attend. They also authorized Mr. Warden to invite the Planning Commission and the Department Heads. (4) Mr. Warden informed the Council that the Annual League of California Cities Convention will be held October 20-23, 1974 in Los Angeles. He asked Council members to be considering hotel reservations and let him know their desires as soon as possible. (5) Mr. Warden presented the Expenditure Report for the period July 1 through 15, 1974, forFithed6nsiderationN-g6f8Cb-uncil. MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period July 1 through 15, 1974. The motion was seconded by Mayor Donohoo and unanimously carried. (6) Mr. Warden requested that Council establish a Grievance Procedure Committee as a Council Standing Committee. The recently adopted Grievance Prodedures called for the Council Board of two members for appeal procedures. Mayor Donohoo appointed Councilmen Mitchell and Jennings to this committee. CORRESPONDENCE None ADJOURNMENT Mayor Donohoo requested an executive meeting for personnel matters. MOTION: Councilman Jennings moved that the meeting adjourn to executive session to discuss personnel matters. The motion was seconded by Mayor Donohoo and unani- mously carried. The meeting adjourned at 9:25 to executive session and returned at 10:35 p.m. MOTION: Jack Jennings moved that the meeting be adjourned. The motion was seconded by Mayor Donohoo and unanimously carried. u MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL July 22, 1974 The meeting adjourned at 10::36 p.m. RECORDED BY: M. ',, tL. WARDEN City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Monday, July 8, 1974, at 7100 p.m., in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California; to consider applicants for the position of Parks and Recreation Commissioner. DATED: July 5, 1974 FRED R. DONOHOO, Mayor City of Morro Bay, California By 1 . L. WARDEN, Crty Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting July 8, 1974 7:00 p.m. City Hall Conference Room The meeting was called to order at 7:00 p.m. by Mayor Donohoo. PRESENT: Councilmen Brown, Jennings, Pipitone and Mayor Donohoo ABSENT: Councilman Mitchell Staff member present was Murray Warden, City Administrator. It was noted that ... the meeting was called for the purpose of interviewing Mrs. Rae Crill for the position of1%Parks,,and Recreation Commissioner. MOTION: Mayor Donohoo moved that the meeting adjourn to executive session fcr the purpose of inter- viewing Mrs. Crill. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned to executive session at 7:02 p.m. and returned to regular session at 7:18 p.m. . Council members discussed the applicants interviewed previously and the one interviewed this evening. MOTION: Councilman Jennings moved that Council appoint Lila Keiser, William Morley, and Rae Crill to the vacant positions on the Parks and Recreation Commission. The motion was seconded by Council- man Pipitone and unanimously carried. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Council- man Brown and unanimously carried. Recorded by: M L. WARDEN, Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING July 8, 1974 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 24, 1974 2. Minutes of the executive meeting of June 24, 1974 3. Minutes of the regular adjourned meeting of July 1, 1974 4. Minutes of the executive meeting of July 1, 1974 HEARINGS, APPEARANCES AND REPORTS A-1 Report of John Carollo Engineers regarding the reclamation project A-2 Report of City Administrator concerning ambulance service UNFINISHED BUSINESS B-1 Awarding of bids for Spencer Drive property B-2,.Approval of Memorandum of Understanding for the Morro Bay Police Officers Association NEW BUSINESS C-1 Planning Commission recommendations regarding developing of Main Street properties C-2 Ordinance amending sections of the Morro Bay Municipal. Code concerning the enforcement of the Health Code C-3 Resolution adopting a positions classifications and salary schedule, describing methods of advancement and repealing previous salary resolutions 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 July 8, 1974 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Donohoo at 7:30 p.m. with the Pledge of Allegiance. Councilman Donald Brown gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Pipitone and Mayor Donohoo ABSENT: Councilman Mitchell MINUTES The minutes of the regular and executive meeting of June 24, 1974, and the adjourned regular and executive:meeting of July 1, 1974, were considered by the Council. MOTION: Councilman Jennings moved that the minutes be approved. The motion was seconded by Councilman Brown and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Report of John Carollo Engineers regarding the wastewater re- clamation project Mr. Harvey Hunt of John Carollo Engineers was present to bring the Council up to date with regard to the reclamation project. He stated that the City has been issued a permit by the Regional Board setting restrictive standards which must be met by the City. He stated that there are two main concerns of the Board which the City must answer. These are (1) the long-term effect of high -salinity re- claimed water on the ground water basin; and (2) contractural commit- ments with the users of the reclaimed water, these being the farmers and E1 Chorro Regional Park. Mr. Hunt cited the various time schedules involved in meeting the State's standards. He said that the City has three alternatives as to projects - complete reclamation system, modified reclamation system, and ocean outfall. Mr. Hunt cited the advantages and dis- advantages of each of these projectst and their respective costs. The first alternative, the complete wastewater reclamation system, would include an updated treatment facility and pipeline to the proposed E1 Chorro Regional Park and the Morro Bay Golf Course. The State has initially disapproved this project because of the indefinite status of the E1 Chorro Park; the County has not yet made commitments to the actual development of this area. The second alternative, a modified reclamation system, is similar to the complete project, however, the pipeline would only extend as far as the farm land and exclude E1 Chorro Regional Park. This is the project the State is considering for approval. The problem with this is that the project would probably be expanded in approximately five years to include the E1 Chorro Park and the City would either have to pay completely for the 'additional size pipe to accommodate this future use or pay for a pipeline to run parallel to the one constructed for the farms when it becomes necessary to expand the system. In addition, on the modified system, some wastewater would have to be pumped out to sea. u MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL - July'8, 1974 The third alternative; an "ocean outfall, is not recommended since it would mean wasting a valuable resource and it is estimated that the cost of monitoring an ocean outfall system would be considerable. Mr. Warden proceeded to discuss the financial aspect of the project with Council. Staff members favored the complete reclamation system because.it is a system the City can work with for a number of years and it uses a valuable resource rather than dumping it out to sea. A portion of the costs could be handled out of the City's reserve, but Mr. Warden did not feel it would be wise to deplete the City's reserve to the total project for economic reasons. He suggested a general ob- ligation bond rather than a revenue bond which would be harder to sell. There was considerable discussion on this matter with comments from Mary Phillips. Mr. Warden recommended Council authorizing the hiring of John Mann, geologist, for the study of Chorro Basin salinity. He said he would come back to Council at the next meeting with a report on his progress in getting concept approval of the project from the State. MOTION: Councilman Jennings moved that the City Admin- istrator be directed to engage John Mann for a saline study of Morro Basin. The motion was seconded by Councilman Pipitone and unanimously carried. A-2 Report of City Administrator concerning ambulance service Mr. Warden reported on discussions with Mr. Barker of Bay Am- bulance Service regarding the financial problems involved in operating his service. The City presently contributes $276 monthly to a City/ County arrangement for ambulance service. Mr. Barker has requested that the City increase their subsidy to $800 monthly, an increase of approximately $500. The City and Mr. Barker would then discuss rates for the service to charge to individuals. He is presently charging $55.00 per call. Mr. Warden discussed the possibility of the City taking over the ambulance service altogether by hiring three additional firemen. All firemen would then be trained as ambulance operators, as well as firemen. It was noted that there is much duplication in responses to calls by the Fire Department and the Ambulance Service; however, the Fire De- partment does not transport. There is also a possibility that Federal Grant monies may be available after July, 1976, for ambulance equipment. It was noted that there would be certain recovery costs since the City could also charge a reasonable fee for transporting patients to San Luis Obispo. Council members discussed this matter and Mayor Donohoo recom- mended that it be referred to the Public Safety Committee consisting of Councilmen Pipitone and Mitchell for study and recommendations to Council., RECESS 8:47 pm. RECONVENED 8:55 p.m. UNFINISHED BUSINESS B-1 Awarding of bids for Spencer Drive property • 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - July 8, 1974 Page Three Mr. Warden informed the Council that he had received responses from the property owners he had written to regarding this property; they wish to acquire it and have made bids in accordance with the bid pro- visions. He recommended that Council accept these bids on parcels C and F. MOTION: Councilman Jennings moved that Council accept the bids and proceed with deeding the property to the respective bidders and that the Mayor and City Clerk be authorized to sign the necessary documents. The motion was seconded by Councilman Pipitone and unanimously carried. B-2 Approval of Memorandum of Understanding for the Morro Bay Police Officers Association Mr. Warden reviewed the Memorandum with regard to the Police Department. He stated that many issues outside of the agreement had also been resolved. MOTION: Councilman Jennings moved that Council approve the Memorandum of Understanding with the Morro Bay Police Officers Association. The motion was seconded by Councilman Brown and unanimously carried. NEW BUSINESS C-1 Planning Commission recommendations regarding developing of Main Street properties Mr. Nuzum, Planning Director, informed the Council that the pro- perty involved is located on the westerly side of Main Street across from the A & W Rootbeer Stand, and could be considered as a "gateway" to the City. A row of mature trees line the area partly on City property and partly on private property. The property owner of one of the parcels has recently made plans for developing the property and the problem of access to all parcels was referred to the Planning Commission. The two areas of access are from Main Street, which could result in the destruction of some of the trees, as well as problems of access because of the steep slope, or from the rear of the lots by creating an alleyway. It was felt that the City could exchange their property in front of the lots for property at the rear of the lots for the alleyway. The City could impose certain deed restrictions on the front property area to eliminate the removal of the trees. Pur- chasing all the lots and making the property permanent open space was also discussed. The Planning Commission decided that the first priorty for this area was the development of the properties with an alley at the rear and access through Morro Avenue. They were agreeable to a land exchange as long as the trees can be preserved. Their second priority was for the City to purchase the land. Mr. LeSage stated that a City usually has an obligation to a property owner to provide access to an existing street. In this case, however, the strip of property the'City owns in front of the private property may be large enough to preclude this obligation. He would like to study the matter further before making a recommendation. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - July 8, 1974 Page Four MOTION: Mayor Donohoo moved that the Planning Commission's recommendations regarding the:dedelo'pment of these properties be referred to the 'City Attorney for assessment of the legalities involved. The motion was seconded by Councilman Jennings and unanimously carried. C-2' ORDINANCE NO. '126. Ordinance deleting sections 8.04.010 and 8.04.020 of Chapter 8.04, Title 8 and adding new sections 8.04.010, 8.04.020, 8.04.030, 8.04.040, and 8.04.050 of Chapter 8.04 of Title 8 of the Morro Bay Municipal Code Mr. Warden informed the Council that this matter was being brought to the Council in the form of an urgency ordinance since it is nec- essary for the immediate protection of the public health. The ordinance establishes hearing and appeal procedures for considering Health and Sanitation Code violations by food and drink establishments. It also adopts the County Health Code and designates the County Health Officer as the City Health Officer. Mr. Warden read Ordinance No. 126 in its entirety. MOTION: Councilman Jennings moved for the adoption of Ordinance No. 126 as an urgency measure. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. MOTION: Councilman Jennings moved that this constitute the first and only reading of Ordinance No. 126. The motion was seconded by Councilman Brown and unanimously carried. C-3 RESOLUTION NO. 48-74. Resolution adopting a position classifica- tions and salary schedule, describing methods of advancement and repealing previous salary resolutions. MOTION: Councilman Jennings moved that Resolution No. 48-74 be read by title only. The motion was seconded by Mayor Donohoo and unanimously carried. Mr. Warden read Resolution No. 48-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 48-74. Councilman Brown requested that Council delete that part of Section 4A relating to the City Administrator's salary. He felt this should be discussed further in executive session when all Council members are present. Councilman Jennings withdrew his motion. MOTION: Councilman Brown moved that the item under Section 4A of Resolution No. 48-74 relating to the City Ad- ministrator's salary be deleted and brought back for Council discussion when all Council members are pre- sent. The motion was seconded by Councilman Pipitone and unanimously carried. MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL - July 8, 1974 MOTION: Councilman Jennings moved for the Resolution No. 48-74 as amended. was seconded by Councilman Brown carried. INDIVIDUAL DETERMINATION AND/OR 'ACTION D=1 City Council adoption of The 'motion and unanimously (1) Mayor Donohoo introduced Mr. Jim Small, Assistant Administrator of the Morro Bay Convalescent Center. Mr. Small informed the Council that the Convalescent Center has applied for nine additional beds to be allowed in their building. He explained the great need for these additional beds and requested that Council endorse their appli- cation. MOTION: Councilman Jennings moved that Council endorse the application of Morro Bay Convalescent Center for nine additional beds. The motion was -seconded by Mayor Donohoo and unanimously carried. (2) Mayor Donohoo stated that the Council had recently interviewed applicants for the three vacant positions of Parks and Recreation Commissioner. Those appointed to these vacant positions are Lila Keiser, William Morely and Rae Crill. (3) Mayor Donohoo stated that Council had recently appointed Mrs. d156d Lila Keiser and Dwight Carlisle to the County Transportation Committee, however, Mr. Carlisle had declined that position. Mayor Donohoo suggested that Council appoint Mr. George Hall to this position. � 00- MOTION: Mayor Donohoo moved that Mr. George Hall be N-"` appointed to the County Transportation -Committee. The motion was seconded by Councilman Brown and unanimously carried. D=2 City Attorney Mr. LeSage had nothing to report. D-3 City Administrator (1) Mr. Warden presented the Expenditure Report for the period June 15 through 30, 1974, for the consideration of Council. MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period June 15 through 30, 1974. The motion was seconded by Councilman Pipitone and unanimously carried. (2) Mr. Warden informed the Council that Barbara George, Recreation -Director, will be leaving the City September 1st. He requested authorization to advertise for this position. MOTION: Councilman Jennings moved that the City Ad- ministrator be 'authorized to advertise for the position of Recreation Director. The motion was seconded by Councilman Brown and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - July 8, 1974 Page Six (3) Mr. Warden stated that the National League of Cities is soliciting funds to help with'legal costs in their attempt to appeal the Fair Labor Standards Act with regard to public entities paying time and one-half. A city the size of Morro Bay is being requested to contribute $200 to this endeavor. MOTION: Mayor Donchoo moved that Council endorse the efforts of the National League of Cities and contribute $200; the City Administrator be authorized to draw on City funds for this matter. The motion was seconded by Councilman Pipitone and unanimously carried. (4) Mr. Warden informed the Council that the County will be contributing approximately $1700 in funds to the City Re- creation Department for their Camp activities and to help with the activities provided for Baywood and Los Osos youth. CORRESPONDENCE 1. Letter from the American Society of Mechanical Engineers thanking the City for their part in the Clean Air Rallye. 2. Letter from the Office on Aging in response to the City's letter in support of the Nutrition Program for the Elderly. MOTION: Councilman Jennings moved that the correspondence be filed. The motion was seconded by Councilman Pipitone 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 Pipitone and unanimously carried. The meeting adjourned to executive session at 9:37 p.m. and returned to regular session at 10:04 p.m. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned at 10:04 p.m. RECORDED BY: M. L. WARDEN City Clerk/ / /��/� By : aZ e*- . � Ardith Davis Deputy City Clerk NOTICE OF ADJOURNED MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an adjourned regular meeting on Monday, July 1, 1974, at 7:30 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, and will consider applicants for the Parks and Recreation Commission. DATED: June 28, 1974 FRED R. DONOHOO, Mayor City of Morro Bay, California By: M. WARDEN, City Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting July 1, 1974 7:30 p.m. City Hall Conference Room Mayor Donohoo called the meeting to order at 7:30 p.m. PRESENT: Councilmen Brown, Jennings, Pipitone and Mayor Donohoo ABSENT: Councilman Mitchell Mayor Donohoo noted that the meeting was called for the purpose of interviewing applicants for the position of Parks and Recreation Commissioner. MOTION: Councilman Jennings moved that the meeting adjourn to executive session to consider applicants for Parks and Recreation Commissioner. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned to executive session at 7:31 p.m. and returned to regular session at 9:25 p.m. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Mayor.Donohoo and unanimously carried. The meeting adjourned at 9:25 p.m. Recorded by: FRED R. DONOHOO, Mayor By: L . I�1RDE�N'� City Clerk • 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, June 24, 1974, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the adoption of the 1974-75 Budget; at which said hearing any person interested may appear and express his views for, against, or in modification of said budget. DATED: June 11, 1974 FRED R. D NOHOO, Mayor City of Morro Bay, California CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING June 24, 1974 7:30 p,m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call special meeting of regular meeting of executive meeting APPEARANCES Public hearing on Fiscal Year 197 Hearing on vehicle abatement Report on Spencer Drive property Report on acquisition of property UNFINISHED BUSINESS June 8, 1974 June 10, 1974 of June 10, 1974 Consideration of Use Permit provisions for "Boone" property Resolution accepting tax -deeded property and consenting to recordation Resolution amending procedures and guidelines governing the Environmental Impact Reports NEW BUSINESS Request of San Luis Obispo County Hotline, Inc. for monthly donations Resolution approving Grievance Procedures for the employees of the City of Morro Bay Request of San Luis Obispo County and Cities Area Planning Coordinating Council appointments to Transporation Advisory Consideration of removal of street tree - 958 Marina Resolution approving United States Coast Guard Lease #DOT- CG12-4532 for the period July 1, 1974 through June 30, 1975 INDIVIDUAL DETERMINATION AND/OR ACTION Council Attorney Administrator Correspondence MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 24, 1974 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Donohoo 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 Brown, Jennings, Pipitone and Mayor Donohoo ABSENT: Councilman Mitchell MINUTES The minutes of the special meeting of June 8, 1974, and the regular and executive meeting of June 10, 1974 were considered by the Council. MOTION: Councilman Jennings moved that the minutes be approved. The motion was seconded by Councilman Pipitone and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Public Hearing on Fiscal Year 1974-75 Budget Mr. Warden explained that the Final Budget incorporated all the amendments made by Council at their budget study session. It also in- corporates an estimate of employee salaries, however, negotiations with employee associations have not yet been completed. Mayor Donohoo opened the public hearing at 7:31 p.m. and called for presentations and/or comments regarding the 1974-75 budget. As there were no comments, the hearing was closed at 7:31 p.m. RESOLUTION NO. 43-74. Resolution approving and adopting a budget for the Fiscal Year 974-75 MOTION: Councilman Jennings moved that Resolution No. 43-74 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 43-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 43-74. The motion was seconded by Councilman Brown and unanimously carried. A-2 Hearing on vehicle abatement Mr. Warden informed the Council that the one vehicle scheduled for hearing at this time had been removed, therefore, this item can be deleted from the agenda. A-3 Report on Spencer Drive property bids Mr. Warden informed the'Council that bids solicited from the public for the City's property on Spencer Drive had been returned as follows: MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL June 24, 1974 Parcel A, minimum bid - $ 52.00 Parcel B, minimum bid - $261.00 Parcel C, minimum bid - $110.00 Parcel D, minimum bid - $183.00 Parcel E, minimum bid - $108.00 Parcel F, minimum bid - $ 25.00 Bid by Richard B. Kitzman $ 59.00 Bid by Richard B. Kitzman and George Waldhelm $396.37 Bid by Richard B. Kitzman and George Waldhelm $158.63 Bid by James Cook $402.00 Bid by Edgar E. Mattson $110.00 Bid by Edgar E. Mattson $ 25.00 Mr. Warden informed the Council that the bids for Parcels C and F were not by the adjacent property owners. He felt that the Council should postpone awarding these parcels until he can contact the property owners adjacent to Parcels C and F and offer them a chance to bid on the properties. If they do not wish to do so, then the properties can be deeded to the bidders. Even if the adjacent property owners bid lower than the other bidders, Council can award the bid to the adjacent property owners. He stated that Council's intention in this matter was for the immediate adjacent owners to secure ownership of these properties. There was further discussion on this matter with comments from Mr. Waldhelm. MOTION: Councilman Jennings -moved that Council accept the bids for parcels A. B, D, and E. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. Mr. Warden asked Council to continue this matter to the next meeting so that after Council approval of bids for Parcels C and F, all deeds can be drawn and recorded at once. MOTION: Councilman Brown moved that the sale of the Spencer Drive property on Parcels C and F be continued to the next regular meeting of the Council. The motion was seconded by Councilman Jennings and unanimously carried. A-4 Report on acquisition of property at 900 and 910 Shasta Mr. Warden stated that he had proceeded along Council's guidelines for negotiating for the property at 900 and 910 Shasta. The agreed upon purchase price for these two parcels is $31,000. Mr. LeSage stated that he had reviewed the Escrow Instructions and recommended the following changes: On Page 1 (2), add "if approved by Buyer. If not approved by Buyer, sale to be cancelled without further liability" after the word "record". Also, at the end of the instruct- ions, before Signature, add "Seller to pay cost of Title Insurance, escrow charges, commissions and all other expenses of sale." MOTION: Councilman Jennings moved that Council approve the escrow instructions with the corrections stated by the City Attorney and refer the Council's recommendation for the purchase of this property to the Planning Commission. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 24, 1974 Page Three It was noted that the intent of the motion was the approval of the Mayor and City Clerk to sign the 'necessary documents to effect- uate the purchase. UNFINISHED BUSINESS B-1 Consideration of Use Permit provisions for "Boone" property Mr. Warden presented a draft Use Permit for the use of the City's "Boone" property and reviewed the provisions therein. He asked Council to reconsider leasing the property to the Roandoak of God people. His reason for recommending this is (1) Mr. Ashurst, director of the Commune, leases a well site to the City, the lease for which expires in two years; and (2) indications have been that the Commune provides a very real and needed service to the community. There was discussion regarding Council's previous action directing that this property be put out to bid and it was noted that Council is not necessarily bound by previous actions but can reverse their de- cisions. MOTION: Councilman Jennings moved that the City Administrator be directed to negotiate with Mr. Ashurst for the "Boone" property in con- junction with the well site the City leases from him. The motion was seconded by Mayor,. Donohoo and did not carry on the following voice vote: AYES: Councilman Jennings and Mayor Donohoo NOES: Councilmen Brown and Pipitone Mr. Warden stated that since the vote did not carry, he would comply with Council's previous action and put the property out to bid. MOTION: Councilman Jennings moved that the draft Use Permit be approved as to form. The motion was seconded by Councilman Brown and unanimously approved. B-2 RESOLUTION NO. 44-74. Resolution accepting tax -deeded property and consenting to recordation MOTION: Councilman Jennings moved that Resolution No. 44-74 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 44-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 44-74. The motion was seconded by Councilman Brown and unanimously carried. B-3 RESOLUTION NO.'4'5'=74. Resolution amending procedures and guide- lines governing the Environmental Impact Reports. MOTION: Councilman Jennings moved that Resolution No. 45-74 be'read by title only. The motion was seconded by Councilman Brown and unanimously carried. MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL June 24, 1974 Mr. Warden read Resolution No. 45-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 45-74. The motion was seconded by Councilman Brown. Mr. Warden explained that there are two changes included in this resolution; one was approved by Council at their last meeting wherein the guidelines would be amended to delete the thirty-five day waiting period to begin construction. A disclaimer will be placed on the building permit stating that the contractor begins construction at his own risk. The other change is recommended by the Planning Director to change the waiting period on negative declarations from thirty days to two weeks. It was felt that the thirty day waiting period is too long for this type of project. The motion was unanimously carried. NEW BUSINESS C-1 Request of San Luis Obispo County Hotline, Inc. for monthly donations Mr. Warden stated that he had talked with Mr. Sherman, represent- ative of Hotline, and was informed that the dollar amount requested herein is about $10.00 to $15..00 per month. The organization does not keep information as to how many calls come from each city, however, the calls from Morro Bay are substantial enough to classify as a service for this community. - Mayor Donohoo expressed opposition to allocating money for various organizations. Councilman Pipitone felt that Hotline is a service to the citizens of this community and should be supported. Mr. Marshall Greenstien, representing Hotline, spoke in behalf of the organization's request. MOTION:[ Councilman Jennings moved that Council, this year, contribute $10.00 per month to Hotline. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. C-2 RESOLUTION NO. 46-74. Resolution approving grievance procedures for the employees of the City of Morro Bay Mr. Warden explained that the City has been using informal grievance procedures in the past and that the guidelines presented formalize those procedures. Councilman Pipitone stated that the procedures were very well written and he feels this will give employees with a legitimate grievance a way to go. MOTION: Councilman Jennings moved that Resolution No. 46-74 be'read by title'only. The motion was seconded by Councilman Brown and unanimously carried. MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL June 24, 1974 Mr. Warden read Resolution No. 46-7- by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 46-74. The motion was seconded by CouncilmanBrown and unanimously carried. C-3 Request of San Luis Obispo County and Cities Area Planning Coordinating Council appointments to Transportation Advisory Committee Mayor Donohoo stated that the City was in receipt of a letter from the Coordinating Council stating that the appointments of Lila Keiser and Mrs. Esther Schwarzenback expire in July and requesting that the City make new appointments. Mayor Donohoo had spoken to Mrs. Keiser and she is willing to serve another year. As Mrs. Schwarzenback is leaving the area, the Mayor suggested that Dwight Carlisle be appointed as an alternate. MOTION: Mayor Donohoo moved that the nominations to the Regional Transportation Citizens Advisory Com- mittee from the City of Morro Bay be Lila Keiser and Dwight Carlisle, alternate. The motion was seconded by Councilman Brown and unanimously carried. C-4 Consideration of removal of street tree - 958 Marina Mr. Warden informed the Council that since this information was forwarded to them, he had received a call from Howard Newby, Southern California Gas Company. Mr. Newby had requested that the City allow his company to' try to save the tree. They are currently doing some work in the area and wish to work on the tree at the same time. Mr. Warden did not feel this would be a problem, however, the tree will be closely watched for safety's sake; it is not in very good condition. This matter will be brought back to Council at a later date if necessary. C-5 RESOLUTION NO. 47-74. Resolution approving United States Coast Guard Lease DOT-CG12-4532 for the period July 1, 1974, through June 30, 1975 MOTION: Councilman Jennings moved that Resolution No. 47-74 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 47-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 47-74. The motion was seconded by Councilman Brown and unanimously carried. INDIVIDUAL DETERMINATION 'AND/OR 'ACTION D_1 City Council (1) Mayor Donohoo reminded Council members to get any unreported expense accounts to the Finance Department before the end MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL June 24, 1974 of the fiscal year. (2) Councilman Jennings suggested that Council consider and discuss the possibility of placing a foot bridge and bicycle path across Morro Creek. Mr. Warden stated that Council should first consider their commitment to the public that they would not put any- thing across that area without a vote of the people and the fact that the road issue was presented to them and failed. Councilman Pipitone stated that he was not in favor of a foot bridge and bicycle path because of the difficulty for the Police Department in patrolling that area. Anyone wishing to avoid a police officer could run or ride across the path without the officer being able to pursue him in his vehicle. (3) Councilman Brown stated that he had cancelled plans to go to Sacramento to attend activities in connection with the Bi-Centennial celebration. D=2 City Attorney (1) Mr. Warden stated that the special meeting scheduled June 19, 1974, for interviewing Parks and Recreation Commission applicants had been cancelled for lack of a quorum. He requested Council to set another date for these interviews. Council set July 1, 1974, at 7:30 p.m. in the City Hall Conference Room. (2) Mr. Warden informed the Council that he had been contacted by a representative of the Bi-Centennial Committee Fleet. They are interested in using Morro Bay as a stopping point for their barges which will be part of the Bi-Centennial celebration. These barges will travel around the coast of the United States stopping at various ports and taking passengers aboard to view their exhibits. The Harbor Department has preliminarily studied this and seems to think that the harbor could accommodate the barges. Council members discussed this and felt it would be very good for the City. It was suggested that the Chamber investigate the matter and see how it could best benefit the City. Mr. Abdella, representing the Chamber of Commerce, stated that he would bring the matter up at their next meeting and report back to Council. (3) Mr. Warden stated that Council had previously approved the erecting of a temporary fence at Keiser Park for a few days by the Little League for their All Star games. They have now requested that they be allowed to put signs on the fence advertising the bus- inesses of the various donors for the purchase of the fence. Mr. George, the Building Inspector, recommends approval of this as long as no individual. sign exceeds 16 square feet in area. Council concurred in the Building Inspector's recommendation. (4) Mr. Warden reviewed a letter from Andrew D. Jones, head of the Transportation Engineering Department at Cal Poly. The letter discussed various funding agencies for the sewer gas project. (5) Mr. Warden reviewed the County's proposed contract with ,regard to a County -wide 'animal control program. The program includes general administration, animal control enforcement, MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL June 24, 1974 care and disposal, public education, licensing, and animal population control. Mr. Warden stated that the 'program would be on a cost sharing basis, or, the City would pay only its proportionate share of the costs. Mr. Warden suggested that the City continue with Woods Animal Shelter on a month to month basis until the contract is finally worked out. The County program will probably cost the City between $10,000 and $12,000, but there is no way of knowing for sure until the City has at least one year's experience factor to look at. MOTION: Councilman Jennings moved that Council agree with the concept of the County's animal control program and cooperate with them. The motion was seconded by Mayor Donohoo and unanimously carried. (6) Mr. Warden presented the Memorandum of Understanding between the City and the Morro Bay Fire Fighters Association and reviewed the particulars for Council. MOTION: Mayor Donohoo moved for the approval of the Memorandum of Understanding between the City and the Morro Bay Fire Fighters Association. The motion was seconded by Councilman Jennings and unanimously carried. (7) Mr. Warden also presented the Memorandum of Understanding between the City and the City Employees Association.,for , Council consideration and review. MOTION: Mayor Donohoo moved that those employees not members of any City association also have a 10% salary in- crease applied against their present salaries. The motion was seconded by Councilman Jennings. There was discussion on this motion and it was noted that the motion includes department heads. The motion was unanimously carried. (8) Mr. Warden stated that he was in receipt of a letter from the Water Quality Control Board regarding the City's re- clamation project. He stated that it is necessary for him to take a trip.to Sacramento on Wednesday in order to clear up some questions that the Board has on the project. (9) Mr. Warden presented the Expenditure Report for the period June 1 through 15, 1974, fo'r:�the;.�consideration?;of Council. MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period June 1 through 15, 1974. The motion was seconded by Mayor Donohoo and unanimously carried. (10) Mr. Warden presented the Financial Report for the period July 1, 1973 through May 31, 1974 for the consideration of Council. MOTION: Mayor Donohoo moved for the approval of the" Financial Report for the period July 1, 1973, 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 24, 1974 Page Eight through May 31, 1974. seconded by Councilman unanimously carried. The motion was Jennings and 1. Letter from the California Regional Water Quality Control Board, Central Coast Region notifying of public hearings for the review of the proposed Wastewater Management Plan. 2. Letter from Harold J. Jacobson requesting the City to provide Sandal with a holding tank so that he can continue to live aboard his boat in Morro Bay Harbor. 3. Letter from the American Waterworks Association commending the City's Water Department for safety in 1973. 4. Resolution from the City of Auburn regarding passage of legis- lation to prevent unnecessary delay of approved public works projects. MOTION: Mayor Donohoo moved the correspondence be filed. The motion was seconded by Councilman Jennings and unanimously carried. ADJOURNMENT Mr. Warden requested that Council adjourn to executive session to discuss personnel matters. MOTION: Councilman Jennings moved that the meeting adjourn to executive session to discuss personnel matters. The motion was seconded by Mayor Donohoo and unanimously carried. The meeting adjourned to executive session at 9:01 p.m. and returned to regular session at 9:38 p.m. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 9:38 p.m. RECORDED BY: M. L. WARDEN City Clerk By: Ardith Davis Deputy City Clerk 6 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Wednesday, June 19, 1974, at 7:30 p.m., in the City Hall Conference Room, 595 Harbor. Street, Morro Bay, California; to consider applicants for the position of Parks and Recreation Commissioner. DATED: June 18, 1974 FRED R. DONOHOO, Mayor City of Morro Bay, California By: 4ARDEN, City Clerk 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING June 10, 1974 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 28, 1974 HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of representative of "The Water Conservation Committee of Morro Bay" to make presentation regarding a poster contest A-2 Report of Maul/McCarty, Architects, regarding use of City property in the vicinity of City Hall A-3 Public hearing on appeal of Dick Fariss for Domenghini Trust from Planning Commission denial of request for rezoning - continued UNFINISHED BUSINESS None NEW BUSINESS C-1 Consideration of EIR requirements regarding Notice of Exemption C-2 Consideration of bid for one million gallon Kings Avenue water tank C-3 Set date to interview applicants for Parks and Recreation Commission C-4 Resolution approving the renewal of U.S. Coast Guard lease #DOT-CG12-4020 for the period July 1, 1974 through June 30, 1975 C-5 Resolution approving grant of Use Permit Agreement 115 to Morro Dunes Trailer Park and Campground, Inc. C-6 Resolution approving grant of Use Permit Agreement 120 to Morro Dunes Trailer Park and Campground, Inc. 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 10, 1974 - 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Donohoo 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 Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None MINUTES The minutes of the regular meeting of May 28, 1974, were considered by Council. MOTION: Councilman Jennings moved that the minutes be approved. The motion was seconded by Councilman Pipitone and unanimously carried. APPEARANCES, HEARINGS AND REPORTS A-1 Appearance of representative of "The Water Conservation Committee of Morro Bay" to make presentation regarding poster contest Mrs. Lila Keiser, secretary of "The Water Conservation Committee of Morro Bay", stated that the Committee had sponsored a poster contest for students at Morro Bay High School with the theme of the poster to be Water Conservation. Of the entries, three winners were picked - lst place, Jennefer Jones; 2nd place, Beth Hart; and 3rd place, Lori Schwarzenland. Mrs. Keiser presented monetary awards to the three winners, thanking them for their interest in water conservation and inviting them to join "The Water Conservation Committee of Morro Bay". A-2 Report of Maul/McCarty, Architects, regarding use of City property in the vicinity of City Hall Mr. Maul reviewed his report for the City Council and public. It basically is a plan for a civic center to be accomplished in three phases. The first phase would be to remodel existing City Hall facilities for efficiency, purchase some key areas of land in the civic center area, and convert some present facilities to house a teen center and a senior citizens center. This phase would be accomplished within the next two years or up to 1976. Phase 2 provides for additional property purchases, parking lots, and adding a council;fchamber/community meeting center. This phase is projected for the next six years, or until 1980. Phase 3 would be projected to the year 2000 and includes the building of a new city hall, using the present one to house a library and reconstructing and/or remodeling the present recreation hall to house additional recreational activities. Mr. Maul explained the -objectives of the plan and stated that they had determined the present location of city property should serve as the community center. It was noted that Mr. Maul had been in discussion with Owen Menard, who is in the process of updating the City's General Plan. Mr. Maul recommended that the City convert the Letizia property on Harbor Street to a Teen Center. The reason for this is because of 11 C MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL June 16, 1974 its central location and the'need to have the Teen Center in an area easy to control. He recommended that the Senior Citizens' Center be located at Fire Station No. 2 and that the'City look into the possible purchase of the IOOF Hall for a future Senior Citizen Center. It was noted that neither Mr. Maul nor the'City has had any contact or negotiations with the IOOF Hall people relative to their interest in selling this property; it is only a suggestion at this point. There was a recommendation to convert the Welch property directly behind City Hall to an Engineering Department; however, upon examining costs for this conversion, it was determined that it is not econo- mically feasible to make this change. There were questions and comments from Shirley McGuire and Howard Gaines. The matter was discussed by Council with the feeling that this proposal should be forwarded to the Building Use Committee which was appointed to study the possible uses of recently acquired property and to the Planning Commission for their input. Council would also like figures developed as to the costs in implementing the first phase of the plan. MOTION: Councilman Jennings moved that this matter be referred to the Building Use Committee for re- view and that it be forwarded back to Council with definite alternatives developed. The motion was seconded by Councilman Brown. There was further discussion on the matter. MOTION: Councilman Jennings amended his motion so that the matter be referred to the Building Use Committee then to the Planning Commission and finally, back to City Council with recommendations. The amendment was accepted by Councilman Brown and unanimously carried. RECESS 8:43 p.m. RECONVENED 8:50 p.m. A-3 Public Hearing on appeal of Dick Fariss for Domenghini Trust from Planning Commission denial of request for rezoning - continued Mr. Nuzum, Planning Director, briefly reviewed the Planning Commission and Council actions with regard to this project. Council had referred this matter to the Planning Commission at the appeal' hearing with the recommendation that they approve the rezoning from R-A to R-1, S-3. The Planning Commission, after discussing this matter, decided to accept Council's recommendation, except that the basic zoning classification should remain R-A. The R-A designation was basically a matter of sematics; the density on both R-A and R-1 are the same. Mayor Donohoo opened the public hearing at 8:54 p.m. and called for comments regarding this appeal. As there were no comments, the hearing was closed at 8:54 p.m. Mr. Warden informed the Council that Mr. Fariss, the appellant, was unable to be present this evening, however, he does concur with MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL June 10, 1974 the Planning Commission's recommendations. He also asked that, if there is strong opposition to this proposal, the'matter be continued to the next meeting of the Council to enable him to rebutt. MOTION: Councilman Jennings moved that Council concur with Planning Commission's recommendation that the property be rezoned from R-A to R-A, S-3. The motion was seconded by Councilman Mitchell and unanimously carried by roll call vote. UNFINISHED BUSINESS None NEW BUSINESS C-1 Consideration of EIR requirements regarding Notice of Exemption Mr. Nuzum informed the Council that, under the present adopted EIR guidelines, a building permit is not issued until a Notice of Exemption is filed and the building permit is then held for 35 days. He stated that other cities in the County comply with this mandate by allowing the contractor to begin construction within 35 days, however, a disclaimer is attached to the building permit removing the City from any liability. There was discussion on this matter with the City Attorney stating that the City would probably be named in a suit if it allowed con- struction to begin right away and a project had to be modified; however, the chance of being sued for Categorically Exempt or Ministerial pro- jects is not likely. MOTION: Councilman Mitchell moved that the Council eliminate the 35 day waiting period on Categorically Exempt and Ministerial Exempt projects and that the City Administrator develop an appropriate disclaimer to be attached to the building permits. The motion was seconded by Councilman Jennings and unanimously carried. C-2 Consideration of bid for one million gallon Kings Avenue water tank Mr. Warden informed the Council that this project had received only one bid in the amount of $284,317. The Engineer's estimate for this project was $159,655. Staff has recommended that the bid be rejected since the one bid is so much higher than the estimate, and Staff will further analyize the project and re -submit the bids at a later date. MOTION: Councilman Jennings moved that the bid of $284,317 from R. Burke Corporation for the Kings Avenue Water Tank be rejected and that Staff be directed to develop alternatives and re -bid the project. The motion was seconded by Councilman Pipitone and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June'10, 1974 Page 'Four C-3 Set date to interview applicants for Parks and Recreation Commission Mr. Warden informed the 'Council that the City is in receipt of nine applications for the position of Parks and Recreation Commissioner. Three of the offices will be up for re -appointment as of June 30, 1974; two of the present commissioners have re -applied. He asked Council when they would like to interview the applicants. Council decided on Wednesday, June 19, 1974, at 7:30 p.m. Staff was directed to notify the applicants and schedule them 15 minutes apart. C-4 RESOLUTION NO. 40-74. Resolution approving the renewal of U.S. Coast Guard lease #DOT-CG12-4020. MOTION: Councilman Jennings moved that Resolution No. 40-74 be read by title only. The motion was seconded by Councilman Mitchell and unanimously carried. Mr. Warden read Resolution No. 40-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 40-74. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. C=5 RESOLUTION NO. 41-74. Resolution approving grant of Use Permit Agreement 115 to Morro Dunes Trailer Park and Campground, Inc. MOTION: Councilman Jennings moved that Resolution No. 41-74 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. C-6 RESOLUTION NO. 42-74. Resolution approving grant of Use Permit Agreement 120 to Morro Dunes Trailer Park and Campground, Inc. MOTION: Councilman Jennings moved that Resolution No. 42-74 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 42-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 42-74. The motion was seconded by Councilman Brown and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION (1) Councilman Jennings reported on a recent meeting of the County regarding the Nacimiento Water Supply Project. He stated that this matter will probably be presented to the voters at the November election on a revenue bond which will require only a simple majority. (2) Councilman Pipitone 'asked Staff what the status of the reclamation project is at this point. Mr. Warden stated that there are several alternatives', however, he suggested waiting until the MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL June 16, 1974 City hears from the 'State regarding their approval of the project before making a decision. It.was suggested that, in any event, Staff return to Council with alternatives by the last meeting in July so that the project can be resubmitted to the voters in November if the Council so decides. (3) Councilman Mitchell informed the Council that he will be on vacation for the next month and will not be in attendance at the next two Council meetings. He stated he had an invitation from the Bi-Centennial Committee of California to send a representative to the presentation of scholarships to the winners of the 1974 medallion design contest. He requested that Council appoint someone to attend in his absence. MOTION: Mayor Donohoo moved that Councilman Brown be authorized to make the .trip at the expense of the City. The motion was seconded by Councilman Mitchell and unanimously carried. MOTION: Mayor Donohoo moved that Councilman Mitchell be authorized to leave the State. The motion was seconded by Councilman Jennings and unanimously carried. D_2 City Attorney Mr. LeSage had nothing to report at this time. D-3 City Administrator (1) Mr. Warden reported on the City's attempts to -secure property in North Morro Bay for a park. The Methodist Church is interested in leasing approximately 1.7 acres of land at the rear of their property on a twenty year lease, with the condition that the City pay the taxes on the property. The church is awaiting the approval of their head office before entering into a contract with the City for this property. (2) Mr. Warden reported on a certification from the Department of Finance that the population of the City of Morro Bay as of January 1, 1974, is 8,525. (3) Mr. Warden reported on inspections of the "Pipkin" property which reveal the poor state of the building. He recommended that Council approve the demolishing of the building. The Associated Divers have been using the garage to perform some of their activities and the building is not up to 'code. MOTION: Councilman Jennings moved that Council follow Staff's recommendation and demolish the building and investigate the possibility of adding boat slips to the water area. The motion was seconded by Mayor Donohoo. It was noted that Council had previously made a determination that boat slips would be put in the area. The motion was unanimously carried. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL June 10, 1974 (4) Mr. Warden presented the Expenditure Report for the period May 16 through 31, 1974. MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period May 16 through 31; 1974. The motion was seconded by Councilman Brown and unanimously carried. (5) Mr. Warden stated that the Council had deferred the item in the Police Department budget regarding a $6100 expenditure for improvements in the building. The reason for postponing approval of the expenditure, was for Council to have an opportunity to study the Civic Center proposal and see if a new facility is planned for the near future. It is estimated that the present building will be occupied for some time. MOTION: Councilman Jennings moved for the approval of $6100 in the Police Department budget for re- modeling. The motion was seconded by Mayor Donohoo and unanimously carried. (6) Mr. Warden asked Council to set a hearing date for consideration of the final budget. MOTION: Mayor Donohoo moved that.June 24, 1974, be set as the hearing date for adoption of the Final Budget for the 1974/75 fiscal year. The motion was seconded by Councilman Jennings and unanimously carried. ADJOURNMENT Mr. Warden requested that Council adjourn to executive session to discuss possible litigation and personnel matters. MOTION: Councilman Jennings moved that the meeting adjourn to executive session to discuss personnel matters and possible litigation. The motion was seconded by Councilman Mitchell and unanimously carried. The meeting adjourned to executive session at 9:43 p.m. and returned to regular session at 10:10 p.m. MOTION: Mayor Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned at 10:10 p.m. RECORDED BY: M. L. WARDEN City Clerk BY: Ardith Davis Deputy City Clerk L NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Saturday, June S, 1974, at 9:00 a.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California; to consider the 1974-75 Budget. DATED: May 29, 1974 FRED R. DONOHOO, Mayor City of Morro Bay, California By: M. L. WARDEN, City Clerk 0 MINUTES - MORRO BAY CITY COUNCIL Special Meeting June 8, 1974 9:00 a.m. Morro Bay Recreation Hall The meeting was called to order at 9:00 a.m. by Mayor Donohoo for the purpose of reviewing the proposed budget for the 1974-75 fiscal year. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None Mr. Warden briefly informed the Council that the Preliminary Budget and the Departmental Budget Request and Staff Recommendations are suggestions only at this point and Council has the option to change any items they see fit. Additional personnel costs are not included since labor negotiations have not been completed. 1. .,Recreation - Budget Account 2500 Mr. Warden reviewed the line items of this account and explained the various proposed expenditures in the department. Councilman Pipitone asked if perhaps a full-time secretary wasn't needed in this department. Mr. Warden stated that Mrs. George had requested a full- time secretary, however, in consideration of the entire budget, the position does not yet qualify for a full-time position. Mr. Warden explained that Staff had developed an equipment replacement schedule with regard to office machines, i.e., type- writers, calculators, etc. After a detailed study, it was decided that the City would benefit by purchasing the equipment rather than leasing, as it has been doing in the past. This will be a phasing project which will eventually acquire and/or replace all the equip- ment in the City as leases expire. Thus, Mrs. George's request for a new electric typewriter will not be realized for approximately two years. Mr. Warden also stated that he felt the Department Heads through- out the City should be allowed to attend more of the League of California Cities functions. Council concurred in this and suggested that they consider this matter after the various departmental budgets had been discussed. MOTION: Councilman Mitchell moved that motions for approval of any department section of the budget be made with the understanding that Council is reserving the right to discuss travel and meetings. The motion was seconded by Councilman Jennings and unanimously carried. MOTION: Councilman Mitchell moved for the approval of Budget Account 2300. The motion was seconded by Councilman Jennings and unanimously carried. 2. Police Department =Budget Account 2500 Mr. Warden stated that this budget contains a full-time secretary which was previously 2/3 time. It also includes the purchase of MINUTES - MORRO BAY CITY COUNCIL Special Meeting - June 8, 1974 Page Two leather equipment and weapons for the police officers. The patrolmen have, in the past, purchased their own equipment; but recent court action indicates that it is the'City's responsibility to purchase this for the officers. There was discussion relative to the remodeling of the Police De- partment facility. It was noted that the improvements include the building of separate male/female dressing rooms. Councilman Jennings stated that he was not in favor of the $6100 ex- penditure for improvements in the Police Department building; he felt that the City should wait until the report from Maul/McCarty, Architects, was reviewed which would, perhaps, indicate a time plan for a complete new facility. MOTION: Councilman Jennings moved for the approval of the Budget Account 2500 with the exception of the $6100 item for remodeling the Police De- partment building pending discussion of uses for City acquired -property. The motion was seconded by Councilman Mitchell and unanimously carried. 3. School Crossing Guard - Budget Account 2900 Mr. Warden stated that the figure for this department includes an increase in salary for Mrs. Riley who performs the duties of School Crossing Guard. MOTION: Councilman Jennings moved for the approval of Budget Account 2900. The motion was seconded by Councilman Mitchell and unanimously carried. RECESS: 10:02 a.m. RECONVENED: 10:14 a.m. 4. Planning and Building - Budget Account 3900 Mr. Warden reviewed this departmental budget with Council. He stated that it includes an increase in the number of meetings and seminars Mr. Nuzum will attend since it is felt that it is necessary for him to keep abreast of current planning procedures. MOTION: Councilman Jennings moved for the approval of Budget Account 3900. The motion was seconded by Councilman Brown and unanimously carried. 5. Fire Department - Budget Account 2600 Mr. Warden informed the Council that this budget does not reflect any increases with regard to the impact of the Fair Labor Standards Act. The City still does not know what affect this will have on the Fire Department, but it is anticipated that it will result in a substantial increase in salaries or additional personnel. It was noted that the Fire Chief is attempting to put an emphasis on training in his department and this is reflected in the request to place one of the Captains in the'position of Assistant Chief. Mr. Warden stated that he concurs with this recommendation. MINUTES - MORRO BAY CITY COUNCIL Special Meeting - June 8, 1974 Page Three MOTION: Councilman Mitchell moved for the approval of Budget Account 2600. The motion was seconded by Councilman Jennings and unanimously carried. 6. City 'Council'= Budget Account '1'000 There was discussion regarding providing the Council with brief cases. Council was in favor of increasing the budget $150 for this item. MOTION: Councilman Jennings moved that Budget Account 1000 be increased $150 for brief cases. The motion was seconded by Mayor Donohoo and unanimously carried. MOTION: Councilman Jennings moved for the approval of Budget Account 1000 as amended. The motion was seconded by Councilman Mitchell and unanimously carried. 7. City Administration - Budget Account 1100 Mr. Warden reviewed the proposed expenditures in this department. Councilman Pipitone suggested that the salary of the Administrative Secretary be increased due to the responsibility of the position. Staff was directed to look into the matter and suggest a salary range for the position. MOTION: Councilman Jennings moved for the approval of Budget Account 1100 with the exception that the salary of the Administrative Secretary be increased. The motion was seconded by Councilman Pipitone and unanimously carried. 8. Legal - Budget Account 1400 Mr. Warden explained that it is very hard to estimate a correct figure for this department since the City has no way of determining possible litigation for the following year. MOTION: Councilman Jennings moved for the approval of Budget Account 1400. The motion was seconded by Councilman Mitchell and unanimously carried. 9. Finance Department - Budget Account 1500 MOTION: Councilman Jennings moved for the approval of Budget Account 1500. The motion was seconded by Councilman Mitchell and unanimously carried. 10. Planning Commission _ '1600 Mr. Warden informed the Council that this budget had been increased in order to allow the commissioners to attend more meetings regarding planning functions in order to keep them abreast of procedures with regard to their positions. MOTION: Councilman Mitchell moved that an additional $600 be added to the 'Planning Commission budget C MINUTES - MORRO Special Meeting Page Four BAY CITY COUNCIL - June`8, 1974 so that they can attend all League of California Cities meetings. It was noted that Council had made a blanket motion earlier to consider the matter of Travel and Meetings at the conclusion of de- partmental budget discussions. Councilman Mitchell withdrew his motion. Councilman Brown stated that he was of the opinon that the Commissioners should receive a raise in their salary because of the amount of time spent reviewing EIR's, etc. He recommended that the salary be increased $40.00 per month, or $20.00 per meeting attendance. MOTION: Councilman Brown moved that the rate of compensation for Planning Commissioners be in- creased to $40.00 per month with the same con- ditions as now specified in the adopting resol- ution. The motion was seconded by Councilman Jennings and unanimously carried. MOTION: Councilman Jennings moved for the approval of Budget Account 1600 as amended. The motion was seconded by Councilman Brown and unanimously carried. 11. Election - Budget Account 2000 Mr. Warden stated that this figure should cover the possibility of a special election during the coming fiscal year. MOTION: Councilman Jennings moved for the approval of Budget Account 2000. The motion was seconded by Councilman Brown and unanimously carried. 12. General Services - Budget Account 2200 MOTION: Councilman Jennings moved for the approval of Budget Account 2200. The motion was seconded by Councilman Brown and unanimously carried. RECESS: 11:31 a.m. RECONVENED: 11:35 a.m. 13. Community Promotion - Budget Account 1900 There was discussion with regard to requests for appropriation from Cuesta College Booster Club and Middlehouse, an organization for alco- holics. Council did not feel that it was in order to appropriate money for the Boosters Club, however, it should give consideration to Middle - house. Mr. Warden stated that the City should not allocate money unless they receive some service for the funds and it should be on a contract- ual basis. Councilman Mitchell suggested appropriating the $2,820 re- quested, but not actually expending the monies until the Council gets a feel of what other cities are contributing to this organization. MOTION: Councilman Mitchell moved that $2,820 be allocated to Middlehouse with the understanding that the permissability of actually spending the money will be legally determined and also MINUTES - MORRO Special Meeting Page Five that Council reconsider the matter before the City actually spends the funds to see what other governmental agencies in the County have done with respect to this matter. The motion was seconded by Councilman Jennings and carried on the following roll call vote: Councilmen Mayor Donohoo stated that the Chamber of Commerce had a presentation make regarding their request for the 1974-75 budget. Mr. Richard Abdalla stated that the Chamber is requesting an in- crease from 20% to 30% of the annual bed tax received by the City. This would give the Chamber approximately $25,000 to work with which is what they need in order to comply with --the Agreement between the City and the Chamber for certain services. There was considerable discussion relative to the services the Chamber offers with Mr. Abdalla quoting figures of expenditures and re- venues. It was felt that the City could allow a certain percentage of the bed tax to be allocated to the Chamber and also set a minimum of $18,000 so that they can count ona certain amount and thereby budget accordingly. Councilman Jennings moved that the Council allocate 25% of the bed tax revenues to the Chamber of Commerce with a minimum .of $18,000 to be paid to them for the fiscal year 1974-75. The motion was seconded by Councilman Brown. There was further discussion on this matter with Mayor Donohoo advising the Chamber that their proposals for allocated monies from the City should be in advance of the budget study session so that Council would have an opportunity to study their requests. Comments were heard from Dick Dennison, Bob Torrey and Bill Duke. There was discussion re- lative to the Chamber merging with the Merchants Association and Motel Association. The motion was carried on call vote: Councilmen Councilman and Mitchell, RECONVENED: General Services = Budget Account '1800 Mr. Warden informed the Council that Staff had recommended that the City contract with the Morro Bay Garbage Service for garbage collection of the City's containers. This decision was reached because of the need to purchase a new garbage truck; the 'present one is getting too expensive to repair and the purchase of a new truck would be a considerable ex- 0 MINUTES - MORRO Special.Meeting Page Six BAY CITY COUNCIL - June 8, 1974 penditure. Additionally, contracting with the garbage service for pick-up will result in an increase in manpower in the Public Works Department and help alleviate overtime which the City is now required to reimburse employees by time and one-half pay. MOTION: Councilman Jennings moved for the approval of Budget Account 1800. The motion was seconded by Councilman Mitchell and unanimously carried. 15. Engineering and Administration - Budget Account 3000 Mr. Warden stated that Staff had recommended salary range classifications for some of the employees which more accurately reflect their duties - Utilities Foreman from Range 29 to Range 30; Principle Engineering Aide from Range 26 to Civil Engineering Asst. I, Range 28, and Typist Clerk II, Range 8 to Dispatcher Clerk, Range 9. MOTION: Councilman Jennings moved for the approval of Budget Account 3000. The motion was seconded by Councilman Brown and unanimously carried. 16. Parking Facilities - Budget Account 3100 MOTION: Councilman Jennings moved for the approval of Budget Account 3100. The motion was seconded by Mayor Donohoo and unanimously carried. 17. Storm Drains - Budget Account 3200 MOTION: Councilman Jennings moved for the approval of Budget Account 3200. The motion was seconded by Councilman Mitchell and unanimously carried. 18. Streets - Budget Account 3300 There was discussion relative to the Revenue Sharing Projects in this department. With regard to the $24,900 budgeted for a traffic signal at Beach and Main Street, Council was informed that this was a TOPICS study priority and the reason these'funds are -budgeted for such. Mention was made of several other hazardous intersections throughout the City and Council was of the opinion that a traffic signal at Main and Beach is not necessary at this time. Mrs. Keiser mentioned the busy intersection of Kern and Morro Bay Boulevard and it was suggested that Staff look into the advisability of installing a stop sign at that location. MOTION: Councilman Jennings moved that Council delete the $24,900 budgeted for a signal light from Budget Account 3334. The motion was seconded by Councilman Pipitone and carried with Mayor.Donohoo voting no. MOTION: Councilman Jennings moved for the approval of Budget Account 3300 as amended. The motion was seconded by Councilman Pipitone and unanimously carried. MINUTES - MORRO Special Meeting Page Seven BAY CITY COUNCIL - June 8, 1974 19. Sanitary'= Budget 'Account''34'00 Mr. Warden reviewed the salary increasesrecommended in this budget which reflect the duties of the various positions. MOTION: Councilman Jennings moved for the approval of Budget Account 3400. The motion was seconded by Councilman Pipitone and unanimously carried. 20. Water - Budget Account 3600 Mr. Warden reviewed the proposed expenditures of this department with Council. He stated that the total budget of the Water Department does not reflect the true amount of expenditures for that particular area, i.e., billing, clerical in the Finance Department, Mr. Warden and Mr. Dowell's studies- as well, and the work done by the Public Works Director and the City Engineer, all of which are not charged against this budget account. This would mean that other City services necessar- ily help support the Water Department as water billing revenues do not cover all expenditures. MOTION: Councilman Jennings moved for the approval of Budget Account 3600. The motion was seconded by Councilman Brown and unanimously carried. RECESS: 3:30 p.m. RECONVENED: 3:40 p.m. 21. Harbor - Budcret Account '3700 Mr. Warden stated that the senior member of the Harbor.Department is being promoted to Chief Harbor Patrolman with an increase of two salary ranges. Mr. Warden briefly discussed communications throughout the City and requested that Councilman Brown make a study of the system and propose recommendations for improvements. MOTION: Councilman Jennings moved for the approval of Budget Account 3700. The motion was seconded by Councilman Pipitone and unanimously carried. 22. Parks and Playgrounds - Budget Account 3800 Mr. Warden stated that one of the Maintenance Men in this department has been recommended for a Maintenance Leadman position which would be more in line with his duties. Mr. Warden also discussed the possibility of the City entering into an agreement with the Methodist Church adjacent to the Del Mar School for the use of church property to develop a park in North Morro Bay. MOTION: Councilman Jennings moved for the approval of Budget Account 3800. The motion was seconded by Councilman Brown and unanimously carried. 23. "Animal' Regulations Budget Account'2700 Mr. Warden informed the Council that the City still does not know how the regulation of animals will be'conducted for the fiscal year 1974-75. All indications, however, point to a considerable increase in costs; the $10,000 recommended may not be enough to cover the costs. The City is now waiting to see what the County proposal for this matter will be. MINUTES - MORRO Special Meeting Page Eight BAY CITY COUNCIL - June 8, 1974 MOTION: Councilman Jennings moved for the approval of Budget Account 2700. The motion was seconded by Councilman Mitchell and unanimously carried. 24. Civil Defense '=' Budget Account 2800 MOTION: Councilman Mitchell moved for the approval of Budget Account 2800. The motion was seconded by Mayor Donohoo and unanimously carried. 25. Street Lighting - Budget Account 4000 MOTION: Councilman Jennings moved for the approval of Budget Account 4000. The motion was seconded by Councilman Mitchell and unanimously carried. 26. Preliminary Budget Mr. Warden briefly reviewed the summary sheets for the expenditures and revenues for the 1974-75 fiscal year. He then discussed the proposed revenue sharing projects which added to a total.of $188,046. One of the projects was to expend $11,000 in order to build the Centennial Stairway. Mrs. Lois Rowland was present and gave a report on the pro- gress of the Centennial Stairway Committee in their attempt to raise funds for this project. They had managed to raise $3,103 to date with promises of the proceeds of the Centennial Players from their next play on July 5 and 6, and a benefit Bar-B-Que by the Lions Club. This, with the additional $7900 left over from the Centennial Year celebration which the City is holding for this project, and the proposed allocation of $11,000 should cover the costs of the project. Councilman Mitchell pointed out that the Committee .will continue its fund raising activities so that the check the City ultimately writes may not be for the full $11,000. Mr. lioward Gaines asked for an opportunity to speak with regard to Revenue Sharing expenditures. He stated that he was speaking for the Senior Citizens and the teens which make up 60% of the City's population and requested that the City allocate funds for the construction of a center for these people. There was discussion with regard to this matter and Mr. Warden suggested that Mr. Gaines attend the Council meeting on Monday night at which time Maul/McCarty, Architects, will make a proposal for a full civic center. Comments were heard from Mrs. Keiser, Bob Sanders, and Bob Torrey. MOTION: Councilman Mitchell moved that Council approve the suggested expenditures for Revenue Sharing funds. The motion was seconded by Mayor Donohoo and unanimously carried. 27.' Travel'& Meetings There was discussion with regard to the attendance by all department heads and the'League of California Cities Annual Convention and the Channel Counties Division meetings four times a year. L] MINUTES - MORRO Special Meeting Page Nine BAY CITY COUNCIL - June 8, 1974 MOTION: Councilman Mitchell -moved that Council approve the attendance by -all department heads, including the City Engineer, and the Planning Commission to attend the League of California CitiesAnnual Convention and the Channel Counties Division quarterly meetings. The motion was seconded by Councilman Jennings and unanimously carried. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Mitchell and unanimously carried. The meeting adjourned at 5:12 p.m. RECORDED BY: M. L. WARDEN City Clerk* BY: Ardith Davis Deputy City Clerk a � i PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the regular meeting of the Morro Bay City Council scheduled for May 27, 1974, has, by minute order of the City Council, been changed to Tuesday, May 28, 1974, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes.. Street, Morro Bay, California. DATED: May 14, 1974 u FRED R. DONOHOO, Mayor City of Morro Bay, California By: , . L. WARDEN, City Cle 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING May 28, 1974 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 13, 1974 2. Minutes of the executive meeting of May 13, 1974 HEARINGS, APPEARANCES AND REPORTS Pre i- UNFINISHED BUSINESS B-1 Resolution amending Resolution No. 34-74 approving assignment of lease from Continental Hosts, Inc., to Golden Tee Motel, Inc. B-2 Resolution approving submission of revised City of Morro Bay Annual Transportation Claim pursuant to.the State of California Transportation Development Act of 1971 B-3 Ordinance No. 125 - Ordinance adopting codified Municipal Code - second reading B-4 Consideration of Planning Commission recommendations regarding the use of "Pipkin" property B-5 Review of bid proposal for sale of Spencer Drive property NEW BUSINESS C-1 Resolution approving changing name of tenant on Lease Site No. 50 and 50W - Fry C-2 Consideration of bids for construction of water main on Zanzibar Street, Yerba Buena Street and Beachcomber Drive 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 May 28, 1974 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Donohoo 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 Brown, Mitchell, Pipitone and Mayor Donohoo ABSENT: Councilman Jennings MINUTES The minutes of the regular and executive meetings of May 13, 1974, were considered by the Council. MOTION: Councilman Mitchell moved that the minutes be approved. The motion was seconded by Councilman Pipitone and unanimously carried. HEARINGS, APPEARANCES AND REPORTS None UNFINISHED BUSINESS B-1 RESOLUTION NO. 37-74. Resolution amending Resolution No. 34-74 approving assignment of lease from Continental Hosts, Inc., to Golden Tee Motel, Inc. MOTION: Councilman Mitchell moved that Resolution No. 34-74 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden informed the Council that this resolution changes the corporation title of the Golden Tee Motel, Inc. to the Golden Tee. This will enable the documents relating to the lease to reflect the correct corporation name. Mr. Warden read Resolution No. 37-74 by title only. MOTION: Mayor Donohoo moved for the adoption of Resolution No. 37-74. The motion was seconded by Councilman Brown and unanimously carried. B-2 RESOLUTION NO. 38-74. Resolution approving submission of revised City of Morro Bay Annual Transportation Claim pursuant to the State of California Transportation Development Act of 1971 MOTION: Councilman Mitchell moved that Resolution No. 38-74 be read by title only. The motion was seconded by Council- man Pipitone and unanimously carried. Mr. Warden read Resolution No. 38-74 by title only. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 28, 1974 Page Two MOTION: Mayor Donohoo moved for the adoption of Resolution No. 37-74. The motion was seconded by Councilman Brown and unanimously carried. Councilman Mitchell asked if the revised claim included a Dial - A -Ride system. Mr. Warden stated that it does; however, if for some reason the system is not feasible, the claim can be amended and another project put in its place. B-3 ORDINANCE NO. 125 - Ordinance adopting the codified Municipal Code - second reading MOTION: Mayor Donohoo moved that this constitute the second and final reading of Ordinance No. 125. The motion was seconded by Councilman Mitchell and unanimously carried. MOTION: Councilman Mitchell moved for the adoption of Ordinance No. 125. The motion was seconded by Councilman Brown and unanimously carried. B-4 Consideration of Planning Commission recommendations regarding the use of "Pipkin" property Mr. Warden reviewed the recommendation of the Planning Commission with regard to this property and the adjacent street end. They had recommended that the lease site be for a marine oriented use, water and land use to go together; that the water be fully developed into slips, land to be no more than 25% covered by buildings and that no more than 40% frontage be utilized; and that the option be for one year, and, at the end of that time, the proposal should come back to the Planning Commission.to be reviewed. Councilman Brown commented that he agreed with the Planning Commission's recommendation. MOTION: Councilman Mitchell moved that the Council as a matter of policy, adopt the recommendation of the Planning Commission. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden stated that, if there were no objections from Council, he would continue the present use of the lease, renting the building out on a monthly basis, until the Planning Commission's recommendations can be put into effect. B-5 Review of bid proposal for sale of Spencer Drive property Mr. Warden stated that the proposed bid was brought to Council's attention only for information as to how the City plans to proceed with their directives on this matter. Council approved the bid proposal as drafted. It was noted that anyone would be allowed to bid on the property, but the City has the right to reject any and all bids. 0 MINUTES - MORRO Regular Meeting Page Three NEW BUSINESS BAY CITY COUNCIL May 28, 1974 C-1RESOLUTION NO."39-74. Resolution approving changing name of of tenant on Lease Site No. 50 and 50W MOTION: Councilman Mitchell moved that Resolution No. 39-74 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 39-74 by title only. MOTION: Councilman Mitchell moved for the adoption of Resolution No. 39-74. The motion was seconded by Councilman Brown and unanimously carried. C-2 Consideration of bids for construction of water main on Zanzibar Street, Yerba Buena Street and Beachcomber Drive Mr. Warden explained to Council that Staff was recommending the approval of awarding the bid to G. & S. Construction Company in the amount of $68,565.00, Alternate "A" in the memorandum to Council. This will include the construction of two major cost items in the project - the State Highway Bore and the Orcas Street crossing. Staff plans to budget for the rest of the Atascadero Beach project in the upcoming budget, thereby continuing and completing the Project at one time. The $68,565.00 exceeds the amount budgeted for the project by $15,245.00; therefore, it is also recommended that Council approve Appropriation Transfer No. 3-4-43 in this amount to cover the entire expenditure. MOTION: Councilman Brown moved that Council award the contract for the construction of water main on Zanzibar Street, Yerba Buena Street and Beach- comber Drive to G. & S. Construction Company in the amount of $68,565.00. The motion was seconded by Councilman Pipitone and unanimously carried. MOTION: Mayor Donchoo moved that Council authorize Appropriation Transfer No. 3-4-43 in the amount of $15,245.00. The motion was seconded by Councilman Mitchell and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council (1) Councilman Mitchell reported on a meeting of the Board of Directors of the League of California Cities in which the League had taken a position in support to Proposition 9 regarding campaign disclosures. He asked that Council personally, or as a body, also take a stand in support of this measure. D=2 City Attorney Mr. Leaage had nothing to report at this time. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 28, 1974 Page Four D-3 City Administrator (1) Mr. Warden informed the Council that he had received corres- pondence relative to the Senior Citizens' nutrition program. He suggested that the Council, as individuals, or as a body, write to the State of California Office on Aging in support of this program. MOTION: Councilman Donohoo moved that the City Administrator be directed to write to the State of California Office on Aging in support of the Senior Citizens nutrition program. The motion was seconded by Councilman Brown and unanimously carried. (2) Mr. Warden informed the Council that there are conflicts with the Council's previous decision to hold the annual budget hearing on June 1, 1974. He suggested that Council change that date to June 8, 1974, at the same time. MOTION: Mayor•Donohoo moved that the date for budget hearings be changed from June 1, 1974, to June 8, 1974. The motion was seconded by Councilman Brown and unanimously carried. (3) Mr. Warden presented Transfer Voucher No. 3-4-44 in the amount of $7,900.00 to cover expenses for the Veterans Memorial Building for Council consideration. MOTION: Mayor Donohoo moved for the authorization of Transfer Voucher No. 3-4-44 in the amount of $7,900.00. The motion was seconded by Councilman Mitchell and unanimously carried. (4) Mr. Warden presented the Expenditure Report for the period May 1 through 15, 1974, for the consideration of Council. MOTION: Mayor Donohoo moved for the approval of the Expenditure Report for the period May 1 through 15, 1974. The motion was seconded by Councilman Brown and unanimously carried. CORRESPONDENCE 1. Letter from the California Regional Water Quality Control Board, CentralCoast Region, urging Council support of Proposition 2 regarding water pollution. 2. Letter from the Society of Professional Journalists supporting "the people's right to know". 3. Letter from the Department of California Highway Patrol congratula- ting the City of Morro Bay on having no fatal traffic accidents during 1973. MOTION: Mayor Donohoo moved that the correspondence be filed. The motion was seconded by Councilman Mitchell and unanimously carried. MINUTES - MORRO Regular Meeting Page Five ADJOURNMENT BAY CITY COUNCIL May 28, 1974 MOTION: Mayor Donohoo moved that the meeting The motion was seconded by Councilman unanimously carried. The meeting adjourned at 8:01 p.m. RECORDED BY: M. L. WARDEN City Clerk LM ARDITH DAVIS Deputy City Clerk be adjourned. Mitchell and 6 6 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, May 13, 1974, 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 Warren M. Dorn from Planning Commission approval of the request of Greening & Bradstreet for a Conditional Use Permit to develop twelve Condominium Units at 216 Beach 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 18, 1974 a �11'f IAA-� FRED R. DONOHOO, Mayor City of Morro Bay, California C i CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING May 13, 1974 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 22, 1974 2. Minutes of the executive meeting of April 22, 1974 3. Minutes of the special meeting of May 8, 1974 HEARINGS, APPEARANCES AND REPORTS A-1 Public hearing on appeal of Warren M. Dorn from Planning Commission approval of a Conditional Use Permit to allow a twelve unit condominium project in an R-4 Zone UNFINISHED BUSINESS B-1 Ordinance No. 1.24 - Ordinance amending Chapter VIII of Title VIII of the Morro Bay Municipal Code modifying the State speed limit on certain streets or portions thereof - second reading B-2 Disposal of Spencer Drive property - continued B-3 Resolution amending procedures and guidelines governing Environmental Impact Reports B-4 Set date for 1974-75 Budget review and study NEW BUSINESS C-1 Consideration of resolution approving assignment of lease from Continental Hosts, Inc. to Golden Tee', Motel, Inc. - Portion of Lease Site No. 27W C-2 Consideration of request of Juvenile Justice Commission to send Juvenile Officer to the Delinquency Control Institute C-3 Request of Senior Citizens, Inc. for a Senior Citizen's Center C-4 Consideration of ordinance adopting the Morro Bay Municipal Code as codified C-5 Consideration of resolution approving a cooperative process for determining project priorities for Federal Aid Urban Funding C-6 Resolution regarding annual transportation claim 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 May 13, 1974 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Donohoo at 7:30 p.m. with the Pledge of Allegiance.' Reverend Van Eakes of the Presbyterian Church gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None MINUTES The minutes of the regular and executive meeting of April 22, 1974;. and the special meeting of May 8, 1974, were considered by the Council. MOTION: Councilman Jennings moved that the minutes be approved. The motion was seconded by Councilman Brown and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Public hearing on appeal of Warren M. Dorn from Planning Commission approval of a Conditional Use Permit to allow a twelve unit condominium project in an R-4 Zone Mr. Nuzum, Planning Director, briefly reviewed the actions of the Planning Commission with regard to this project which is located on the bluff overlooking the Embarcadero between Beach and Dunes Streets. Upon their first review of the Environmental Impact Report for this project, the Planning Commission had found it inadequate, and, because of the vehicular traffic on Beach Street, the developers were instructed to relocate the access to the property on Dunes Street. Mr. Nuzum noted that there are presently twenty trees on the property and the developers are proposing the removal of four of them to accom- modate their project. He also noted that the density allowable in this zone would accommodate thirty-two dwellings and the applicant is re- questing approval on twelve units only. The original plan had the units situated so as to save more trees, however, the parking area needed would be inadequate, hence the present proposal. Mayor Donohoo declared the hearing open at 7:37 p.m. Mr. Warren Dorn, applicant, presented his case to the Council, which basically objected to the removal of the trees. He also objected to the obstruction of the view of the bay and the fact that the removal of the trees might be hazardous to retaining the bluff in its present state. He presented a petition of some of the neighbors in the area, and various other concerned citizens,for Council consideration. It was established by Staff that the appeal of this project in- cludes consideration of the Environmental Impact Report. Mrs. Des Jardin and Mrs. Walling spoke in support of the appeal MINUTES - MORRO BAY CITY COUNCIL May 13, 1974 7:30 p.m. Page Two with regard to the removal of the trees. Mr. Robert Bradstreet and Mr. Korelich, an Architect representing the developer, spoke in opposition to the appeal. They informed the Council that considerable time had been spent in studying this property for the best possible use of the area. The Planning Commission and the Planning Director have reviewed the project and made several changes in the best interests of the property owners surrounding the area. Mr. Bradstreet did not feel that the appeal had any merit since the developer is leaving sixteen of the twenty trees on the property. There was further discussion with questions from the Council. It was established that the EIR was for the project as previously proposed before the trees were to be removed. Councilman Mitchell felt that the EIR is inadequate as it does not address itself to the environmental impact of the removal of the trees or the effect this would have on the bluff. As there were no further comments, the hearing was closed at 8:38 p.m. Councilman Mitchell felt that the City should obtain an indepen- dent EIR on the project so that the various aspects mentioned this evening would be included in the report; i.e., the tree removal, the effect on the bluff, the type of vegetation to be planted to mitigate the damage to the bluff, etc. MOTION: Councilman Mitchell moved that the matter be referred back to the Planning Commission requesting that an additional EIR be required by an independent organization. The motion was seconded by Councilman Jennings. Councilman Jennings stated that he agreed with Councilman Mitchell and that the Council should be very concerned with preserving the trees in this City. Councilman Brown felt that there had been more than adequate opportunity for public input to the project since it has been before the Planning Commission several times with proper advertisement. Citizen concern for the trees has not been a concern previously and he felt that since the developer is preserving sixteen of the twenty trees, he should be allowed to proceed with the project. There was further discussion on this matter and the motion. The motion carried on the following roll call vote: AYES: Councilmen Jennings, Mitchell and Pipitone NOES: Councilman Brown and Mayor Donchoo MOTION: Councilman Mitchell moved that the Planning Commission also impose any additional conditions they feel are appropriate based upon the new EIR. The motion carried with Councilman Brown voting "no". MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL - May 13, 1974 UNFINISHED BUSINESS B-1 ORDINANCE NO.124. Ordinance amending Chapter VIII of Title VIII of the Morro Bay Municipal Code modifying the State speed limit on certain streets or portions thereof MOTION: Councilman Jennings moved that Ordinance No. 124 be read by title only. The motion was seconded by Councilman Mitchell and unanimously carried. At this point, Mr. Bradstreet asked several questions with regard to the Council's previous action on the appeal. Mr. LeSage reviewed the EIR guidelines adopted by the Council and stated that the developer would have to pay for another EIR which should apply itself to the various aspects of the project view, erosion and trees. Mr. Bradstreet maintained that the view was not an issue of the appeal and, if the Council wanted to include that in the new EIR, he would like the opportunity to address himself to that at this time. Councilman Mitchell reminded him that there had been a determination earlier that the EIR is a part of the appeal and can be considered by the Council. He stated that if Mr. Bradstreet would come to City Hall, he would give him a copy of the City's EIR guidelines. In continuing with Item 13-1, Mr. Warden read Ordinance No. 124 by title only. MOTION: Councilman Jennings moved for the adoption of Ordinance No. 124 and that this constitute the second and final reading. The motion was seconded by Councilman Mitchell and unanimously carried. B-2 Disposal of Spencer Drive property - continued. It was noted that this matter had been continued to give the Council more time to study the property and to give the adjacent property owners an opportunity to obtain their own appraisals of the property. Mr. R. B. Kitzman, one of the adjacent property owners, stated that they had not obtained appraisals for the property. Councilman Brown reported that he and Councilman Pipitone had looked at the property and that it is mostly hillside sloping down from the freeway. It is possible that there could be an erosion problem there at some time. He suggested that the City put the property up for bid with the condition that no building be allowed on the subject property from the line of Spencer Drive to the boundary of the freeway. He also suggested that the minimum bid price be the cost of the City taxes from the City aquisition of the property in 1966 to the present, on the assessed values that had been obtained. There was further discussion on the use of the property as a possible green strip, putting it out to public bid, and the fact that it is a landlocked piece of property with no access. Comments were heard from Mr. Cook and Mr. Kitzman as adjacent Property owners. MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL - May 13, 1974 MOTION: Councilman Brown moved that parcels designated A-F on the map provided by the City Staff be put out to public bid with the condition that no construction be allowed on the land from the original center line of Spencer Street and that the salable price to be figured based upon the percentage of the land value on the total parcel of land. The motion was seconded by Councilman Pipitone. Mr. LeSage suggested that the motion include that the bids be such as to not injure City's access to the property. There was further discussion on the motion with the intent of the bid price clarified. Councilman Brown amended his motion to read that parcels A-F on the map provided by the City Staff be put out to public bid with the condition that no construction be allowed on the land from the original center line of Spencer Street and that the minimum bid be set as the amount of City taxes that would have been collected on the property in accordance with the assessed value since the City acquisition of the property in 1966. Also, that the bids be written so as to assure the City's access to the property. The amendment was accepted by Councilman Pipitone and unanimously carried. RECESS: 9:20 p.m. RECONVENED 9:31 p.m. B-3 RESOLUTION NO. 33-74. Resolution amending procedures and guide- lines governing the Environmental Impact Reports Mr. Warden explained that these changes are a result of State mandated modifications to the law. The City must comply with these modifications. MOTION: Councilman Jennings moved that Resolution No. 33-74 be read by title only. The motion was seconded by Mayor Donchoo and unanimously carried. Mr. Warden read Resolution No. 33-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 33-74. The motion was seconded by Councilman Brown and unanimously carried. B-4 Set date for 1974-75 Budget review and study Mr. Warden informed the Council aside one Saturday for review of the suggested Saturday, June 1, 1974, at ference Room. Council concurred with NEW BUSINESS that they had previously set entire budget proposals. He 9:00 a.m. in the City Hall Con - this recommendation. C-1 RESOLUTION NO."34-74. Resolution approving assignment of lease from Continental Hosts, Inc. to Golden Tee Motel, Inc. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 13, 1974 Page Five MOTION: Councilman Jennings moved that Resolution No. 34-74 be read by title only. The motion was seconded by Mayor Donohoo and unanimously carried. Mr. Warden read Resolution No. 34-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 34-74. The motion was seconded by Councilman Brown and unanimously carried. C-2 Consideration of request of Juvenile Justice Commission to send Juvenile Officer to the Delinquency Control Institute Mr. Warden informed the Council that this matter had been with- drawn by the Juvenile Justice Commission. C-3 Request of Senior Citizens, Inc. for a Senior Citizen's Center Mr. Warden explained that the Senior Citizens, Inc. are requesting the use of the building referred to as the "Letizia" property at 653 Harbor Street. He informed the Council that the Council appointed committee to study the possible uses of the builidings acquired by the City is still in the process of considering these matters. Also, Council had hired the two Architects, Maul/McCarty, to come up with a plan for the use of the properties acquired. Mr. Warden recommended that Council postpone any action on this request until the Committee and the Maul/McCarty people have finished their study. There have been several requests for this particular property and all are being considered. There was discussion on this matter with the suggestion by Councilman Jennings that the Senior Citizens use the Fire Station No. 2 facility until the study regarding the property is completed. It was noted that the Fire Station No. 2 would need another toilet facility and another exit before the Senior Citizens could use it. Councilman Mitchell felt that the City should not upgrade the Fire Station until the final results of the study are known; he hoped these would be forthcoming in the near future. Mr. Warden stated that he would try to make them available within a month. MOTION: Mayor Donohoo moved that Council hold the request of the Senior Citizens, Inc. in abeyance until ob- taining the Building Use Committee's report. The motion was seconded by Councilman Jennnings and un- animously carried. C-4 ORDINANCE NO. 125. Ordinance adopting the "Morro Bay Municipal Code," a codification of the permanent and general ordinances of the City of Morro Bay, California, together with those secondary codes adopted by reference as authorized by the general laws of the State of California, save and except those portions of the secondary codes as are deleted or modified by the provisions of this code. MOTION: Councilman Jennings moved that Ordinance No. 125 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Ordinance No. 125 by title only. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL - May 13, 1974 MOTION: Councilman Jennings moved that this constitute the first reading of Ordinance No. 125. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. C-5 RESOLUTION NO. 35-74. Resolution approving a cooperative process for determining project priorities for Federal Aid Urban Funding Mr. Warden explained that this resolution establishes a process whereby monies from the Federal Highway Act of 1973 can be made available to urbanized areas within San Luis Obispo County for use on transit systems or road work. The City Council is, by adoption of this resolution, assuring that the City can participate in the program. MOTION: Councilman Jennings moved that Resolution No. 35-74 be read by title only. The motion was seconded by Mayor Donohoo and unanimously carried. Mr. Warden read Resolution No. 35-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 35-74. The motion was seconded by Councilman Pipitone and unanimously carried. C-6 RESOLUTION NO. 36-74. Resolution approving submission of City of Morro Bay Annual Transportation Claim pursuant to the State of California Transportation Development Act of 1971 Mr. Warden explained that this resolution establishes and maintains our rights to SB325 monies and sets forth certain projects which may be changed at any time. It is necessary, however, to submit the claim at this time in order to be assured of funds. MOTION: Councilman Jennings moved that Resolution No. 36-74 be read by title only. The motion was seconded by Mayor Donohoo and unanimously carried. Mr. Warden read Resolution No. 36-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 36-74. The motion was seconded by Councilman Brown and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Mayor Donohoo stated that he had received some questions from the public as to the Council's position on the Wastewater Reclamation Bond Measure to be on the June 4th ballot. He stated that the Council, as a whole, has gone on record in favor of the issue and is still of the same mind; they endorse the project completely. (2) Councilman Brown reported on recent discussions with Mrs. Dengler of the San Luis Obispo County and Cities Area Planning and Coordinating Council. It appears that the City is assured of funding with regard to the Morro Bay Watershed Study. MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL - May 13, 1974 (3) Councilman Brown reported that the County Transportation Department is forwarding a questionnaire to the cities and that they will help Morro Bay fill it out with regard to the proposed Dial -A -Ride system. (4) Councilman Brown stated that he will be meeting'with Mr. Hapgood of the Central California Communications Corporation soon with regard to the possibility of having the audio portion of the Council meetings aired on the Channel 10 Cable TV system. D=2 City Attorney Mr. Leaage had nothing to report at this time. D-3 City Administrator (1) Mr. Warden informed the Council that May 27th, the next scheduled meeting day of the Council is Memorial Day, a legal holiday. He suggested Council set Tuesday, May 28, 1974, as the meeting day instead. MOTION: Councilman Brown moved that the second regular .City Council meeting day in May be set for Tuesday, May 28, 1974. The motion was seconded by Councilman Mitchell and unanimously carried. Mr. Jennings informed the Council that he will not be in attendance -at that meeting. (2) Mr. Warden stated that he had received a request from Mr. Scovell, representing the local Little League teams, to be allowed to erect a temporary fence at Keiser Park during two All Star Games. Council members had no objections to this. (3) Mr. Warden briefed the Council on the Fair Labor Standards Act Amendments of 1974. He stated that this would have a definite impact on the City which is yet to be realized. Staff is studying the bill. (4) Mr. Warden presented the Financial Report for the period July 1, 1973, through April 30, 1974, for the consideration of Council. MOTION: Mayor Donohoo moved for the approval of the Financial Report for the period July 1, 1973, through April 30, 1974. The motion was seconded by Councilman Jennings and unanimously carried. (5) Mr. Warden presented the Expenditure Report for the period April 16-30, 1974, for the consideration of Council. MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period April 16-30, 1974, The motion was seconded by Councilman Brown and unanimously carried. (6) Mr. Warden reported on the State's progress as to approval of the City's project report of the Wastewater Reclamation Project. He explained that the life expectancy of the project being voted upon is twenty years. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 13, 1974 Page Eight CORRESPONDENCE 1. Letter from the San Luis Obispo School District thanking the City for the use of the Veterans Hall for a cooking class. ADJOURNMENT Mr. Warden requested that Council adjourn to executive session to discuss possible litigation. MOTION: Councilman Jennings moved that the meeting adjourn to executive session. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned to executive session at 10:15 p.m. and returned to regular session at 10:41 p.m. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Mitchell and unanimously carried. The meeting adjourned at 10:42 p.m. I e7 31K6) [i 97 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 Wednesday, May 8, 1974, at 4:30 p.m., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California; with the Parks and Recreation Commission to discuss matters of mutual interest. DATED: May 3, 1974 FRED R. DONOHOO, Mayor City of Morro Bay, California By: M.. . WARDEN, City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 8, 1974 4:30 P.M. Morro Bay Recreation Hall The meeting was called to order at 4:30 p.m. by Mayor Donohoo. PRESENT: Councilmen Brown, -Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None Parks and Recreation Commissioners present were Chairman Jim Pierce, Harriet Holman, William Payne and Harold Wieman. Absent was Commissioner Jim Merzon. Mr. Warden informed the Council that this meeting had been called at the request of the.Parks and Recreation Commission to dis- cuss matters of interest to the Parks and Recreation Commission. 1. Proposal for the redevelopment of Monte Young Park. Commissioner Pierce informed the Council that the Commission had made a study of Monte Young Park and finds that it needs a general upgrading of playground equipment. They felt that part of the upgrading of the park could include the installation of two tennis courts. They justified this by stating that the only other place in Morro Bay where there are tennis courts is at the High School. It was felt that another court in a different part of town would be beneficial to the community. Commissioner Merzon was present at 4:36 p.m. There was considerable discussion on this matter with con- sideration given to Keiser Park for the installation of tennis courts. The Commission, however, favored Monte Young Park for this activity, since Keiser Park has tennis courts nearby at the High School. Also, there is already a plan for development of Keiser Park. 2. Purchase of a park site in the north part of Morro Bay Commissioner Pierce stated that the Parks and Recreation Com- mission strongly felt that a park was needed in the North Morro Bay area. They had discussed sites and suggested that City Staff look into the possible purchase of property around the Del Mar Elementary School. After discussion of this item, the Commission recommended that, if it came to priorities, the City purchase the property for a park in North Morro Bay before implementing the redevelopment of Monte Young Park. Sites discussed for a possible park in North Morro Bay were a parcel near the Del Mar Elementary School and one near the Methodist Church in the same area. MOTION: Councilman Jennings moved that Council direct Staff to investigate the availability and purchase price of the two lots mentioned and report back to Council. The motion was seconded by Councilman Brown and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 8, 1974 Page Two 3. Suggestion that the Parks and Recreation Commission be consulted regarding park,sites in new subdivisions Commissioner Pierce stated that the Commission would like to be informed, during the review process, of any new subdivisions. This would enable them to make recommendations for provisions for parks in any new projects. This matter was discussed and it was felt that this would be no problem to arrange. The Commission emphasized that they wanted to be involved in an advisory nature only. 4. Review of recent work of the Parks and Recreation Commission Commissioner Pierce reviewed the projects the Commission has recently had a hand in implementing throughout the City. Some of these are the benches at Keiser Park, gutters installed at the City Park on the shuffleboard areas, studying City parks for possible improvements, etc. He touched briefly on the fine work Barbara George is doing in her department and stated that the Commission should be concerned more with long term parks and recreation development rather than short term. 5. Discussion of the Master Plan as it applies to parks. It was noted that the General Plan is in the process of being updated at this time and that the Parks and Recreation Commission would be consulted for their input to this Plan. Councilman Jennings brought up the matter of Coleman Drive Park and stated that he felt the park and the beach should go hand -in -hand. A very busy road currently separates the two and the beach has a strong attraction to small children playing in the park. Commissioner Wieman stated he felt the whole area, from Coleman Drive Park to the Rock, should become a park area. There was discussion on this matter with the finding that the Parks and Recreation Commission's involvement in this matter would be with regard to the concept of a park only and not a road alignment. MOTION: Councilman Jennings moved that the Council direct the Parks and Recreation Commission to study the Coleman Drive Park situation, bringing a concept proposal back to Council. The motion was seconded by Councilman Pipitone and unanimously carried. 6. Suggested work areas for the Commission from the Council Commissioner Pierce urged the Council to refer appropriate matters to the Commission when they arise; the Commission was appointed to advise the Council in matters relating to parks and recreation and they are ready to help when needed. Mayor Donohoo commended the Commission on their efforts in the area of parks and recreation stating that the Council certainly appreciates their work. • MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 8, 1974 Page Three MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 5:35 p.m. RECORDED BY: M. L. WARDEN City Clerk By - 2By - rdith Davis Deputy City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, April 22, 1974, 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 Lyle D. Wollert from Planning Commission denial of variance to build a garage 16" from property line in a R-1 Zone, 271 Palm Avenue, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against, or in modification of said appeal. DATED: April 9, 1974 FRED R. DONOHOO, Mayor City of Morro Bay, California ByB �lLRDEN, City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING April 22, 1974 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 8, 1974 2. Minutes of the executive meeting of April 8, 1974 HEARINGS, APPEARANCES.AND..REPORTS A-1 Appearance of representatives of Middlehouse requesting financial support A-2 Public hearing on appeal of Lyle D. Wollert from Planning Commission denial of variance A-3 Report of Building Control Committee A-4 Report of City Administrator regarding Dial -A -Ride feasibility report by Dave Systems, Inc. UNFINISHED BUSINESS B-1 Ordinance amending the zoning Map - second reading B-2 Ordinance amending Chapter VIII of Title VIII of the Morro Bay Municipal Code modifying the State speed limit on certain streets or portions thereof - first reading B-3 Consideration of resolution adopting Harbor Ordinance Rules and Regulations B-4 Disposal of Spencer Drive property NEW BUSINESS C-1 Resolution approving a lease between the and the State of California for berthing C-2 Resolution approving Contract of Sale of accepting Deed from Henry O. Bender and INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence City of Morro Bay and parking space Real Property, authorizing recordation MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 22, 1974 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Donohoo at 7:30 p.m. with the Pledge of Allegiance. Councilman Brown gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None MINUTES The minutes of the regular and executive meeting of April 8, 1974, were considered by the Council. MOTION: Councilman Jennings moved that the minutes be approved as written. The motion was seconded by Councilman Brown and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of representatives of Middlehouse requesting financial support Mr. Everts L. "Bud" Horton, representative of the San Luis Obispo Committee for Education on Alcoholism, stated the County of San Luis Obispo had a total population of 106,700 according to the 1970 census. Latest estimates suggest this figure is now approximately 120,000. Some assessments of the incidence of alcoholism place the potential frequency of occurrence of this malady as high as ten percent of the population, implying that there are 12,000 people in the county who could become active alcoholics if they were to drink beverage alcohol to an appreciable extent. He explained that actual records show that 60 men and women have been helped by the present Middlehouse service during the 1973 calendar year. This figure represents a considerable underestimation of the projected need. Beds are not always available for all those seeking help, and, it has only been a recent possibility to accommodate women in the home. Mr. Horton stated recovery homes of the Middlehouse genre provide the simplest, surest, and least costly avenue for the alcoholic who is seeking a treatment program which will enable him to return to a stable and useful place in society. He ex- plained that until the present time, funding had been rather erratic. The recovering alcoholics have contributed as they were able but it has been necessary to solicit private, outside funds. Mr. Horton stated Middlehouse was formally requesting funding from Cities within the County of San Luis Obispo, as well as the County, to pay off an existing indebt- edness of $24,000.00; and to build an eight bed wing to accommodate the female alcoholic at a cost of $23,000.00. Councilman Mitchell questioned Mr. Horton as to whether they had approached any other agencies for funds. Mr. Horton stated they had been to all the other cities and the County Board of Supervisors. Most of the cities were in favor of the request but wanted to wait until they could budget the funds. A discussion followed regarding whether or not this proposal would qualify for any Federal, State, or County funds. 1] 11 MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL April 22, 1974 It was recommended that all information for Middlehouse be submitted to the City Administrator and be considered at the Budget Session. Mr. Horton thanked the Council and invited them to visit Middlehouse located at 2939 Augustus Street, San Luis Obispo, next to the Cabrillo Hospital. A2 Public hearing on appeal of Lyle D. Wollert from Planning Commission denial of variance. Mr. Lyle D. Wollert, applicant, stated his reasons for re- questing to build a garage 16" from the side property line were to replace an unsightly garage with a new structure; it is a hardship to live with a single car garage; he would have the right to enjoy a larger garage as others do in his neighborhood; he had obtained a petition of twenty-seven names of neighbors who are in favor of the upgrading of his property. Mr. James E. Nuzum, Planning Director, explained the Planning Commission's action in denying this variance stating that they could find no special circumstances applicable to the subject property and the strict application of the Zoning Ordinance would not deprive subject property of privileges enjoyed by other properties in the vicinity. Councilman Mitchell questioned the section of the Zoning Ord- inance pertaining to the findings in granting a variance. Mr. Nuzum stated Section 5110.4 of the Zoning Ordinance and read the section to the Council. Councilmen Pipitone and Jennings were in sympathy with the reasons that Mr. Wollert was asking for his variance and questioned the City Attorney as to their legality. Mr. LeSage stated the Council must make a finding that because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. A discussion followed. The public hearing was declared open by Mayor Donohoo at 8:17 p.m. Mr. Wollert stated the present garage is in deplorable condition and he considered it a hardship to live with it in its present don- dition. There were no other comments from the public. Mayor Donohoo closed the public hearing at 8:19 p.m. Councilman Jennings questioned the reasoning on why the building could not be replaced within 16" of the property line if the original building is now existing at that setback. Mr. LeSage explained the existence of non -conforming uses. 2 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL April 22, 1974 MOTION: Councilman Mitchell moved the 'appeal of Lyle D. Wollert from Planning Commission denial of variance be denied. Councilman Brown seconded the motion. The motion was carried on the follow- ing roll call vote: Ayes, Councilmen Brown, Mitchell and Mayor Donohoo; Noes, Councilmen Jennings and Pipitone. A-3 Report of Building Control Committee Mr. Warden presented the Council with a report from the Building Control Committee emphasizing this was not an ordinance but merely the comments of the Committee's views and does not purport to imply unanimity for each specific aspect of the plan, nor does it purport to convey the Committee's unanimous.concurrence in the necessity for imposing building controls. Mr. Warden read the report in length and explained the contents in detail. A discussion followed. The Council questioned the feasibility of preparing an ordinance to be used if a building control was imposed by the Council. Comments were made by Mrs. Mary Phillips on the Water Reclam- mation project. MOTION: Councilman Jennings moved the Council direct staff to prepare a standby ordinance using this report as the guidelines. The motion was seconded by Mayor Donohoo and.unanimously carried. RECESS: 9:00 P.M. RECONVENED: 9:07 p.m. A-4 Report of City Administrator regarding Dial -A -Ride feasibility report by Dave Systems, Inc. Mr. Warden presented the draft report regarding the feasibility of demand -responsive transportation for the City of Morro Bay. The conclusion of the report states it is feasible for Morro Bay to have a responsive, flexible public transportation system but would be costly, requiring approximately $26,000 annually. Mr. Warden stated he had talked by telephone to the Department of Transportation in Washington, D.C. who seemed to respond favorably and were especially intrigued with the idea of using methane gas. A discussion followed regarding the possibility of receiving federal funds to supplement the cost and the necessary documents and reports required in requesting these funds. Mr. Warden explained the cost of preparing a complete, detailed report by Dave Systems, Inc. to apply for this grant could run between $2,000 and $5,000. If the grant was received, this money would also be compensated for. If not, the City would have to stand the expenses of preparing this report. MOTION: Councilman Mitchell moved the Council direct Staff to engage the services of Dave Systems, Inc. for purposes of working with Staff, with the understanding the maximum proposal will be under $5,000. The motion was seconded by Councilman Jennings and unanimously carried. C MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL - April 22, 1974 UNFINISHED BUSINESS B-1 ORDINANCE NO. 123. An ordinance amending the zoning map of the City of Morro Bay as related to certain property located on the easterly side of North Main Street between a point lying approximately 150 feet southerly of Island Street and a point lying approximately 50 feet northerly of Zanzibar Street. MOTION: Councilman Jennings moved that Ordinance No. 123 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Ordinance No. 123 by title only. MOTION: Councilman Jennings moved for adoption and that this constitutes the second reading of Ordinance No. 123. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. B-2 ORDINANCE NO. 124. An Ordinance .amending Chapter VIII of Title VIII of the Morro Bay Municipal Code modifying the State speed limit on certain streets or portions thereof. MOTION: Councilman Jennings moved Ordinance No. 124 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Ordinance No. 124 by title only. MOTION: Councilman Jennings moved this constitute the first reading. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. B-3 Consideration of resolution adopting Harbor Ordinance Rules and Regulations Mr. Warden explained this item had been deferred until Mr. LeSage could provide an opinion as to certain constitutionality questions which had arisen. Mr. LeSage stated at the last meeting the question arose as to the legality of stating that berthing space at City docks shall be assigned to vessels whose owners are residents of San Luis Obispo County only. This violates the State Tidelands Grant Deed by pro- hibiting other people from using the City docks. Councilman Jennings suggested deleting paragraph #2, under "D" "Rules and Regulations - City Docks". MOTION: Councilman Jennings moved the Council delete paragraph D-2, under "Rules and Regulations - City Docks" and re -number paragraphs 3 and 4 accordingly. The motion was seconded by Councilman Brown and unanimously carried. RESOLUTION NO. 30=74. Resolution adopting rules, regulations, and fees for the mooring of vessels at piers, docks, and • C, MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL April 22, 1974 off -shore moorings within the corporate limits of the City of Morro Bay. MOTION: Councilman Jennings moved that Resolution No. 30^74 be read by title only. The motion was seconded by Councilman Mitchell and unanimously carried. Mr. Warden read Resolution No. 30-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 30-74. The motion was seconded by Councilman Pipitone and unanimously carried. B-4 Disposal of Spencer Drive property. Mr. Warden explained this matter was previously brought to the Council at which time they were informed that half of the street, when abandoned, reverted to the City, since the City owns several small parcels contiguous to the abandoned street. This action was in accordance with the Street Vacation Act. Since that time, several property owners on the other side of the street have asked if they could purchase the property contiguous to their present holdings. As the small parcel is of no use to the City, and is also inaccessible, the Council has agreed to dispose of it. This requires, in accordance with the Government Code, going to open bid for sale of the property. Mr. Warden displayed a map of the area and explained the City Engineer, Mr. Chrissakis, had used the Assessor's Fair Market Values for determining the value of the property. Because of the in- accessability of the property and the terrain, Mr. Chrissakis had decreased the value of the property in half, thereby coming up with a more realistic figure as to its worth. Parcel A, $245.00; Parcel B, $1,175.00; Parcel C, $535.00; Parcel D, $895.00; Parcel E, $530.00; and Parcel F, $110.00. A discussion followed. Property owners R. B. Kitzman, James Cook, and others questioned the value of the property as presented by City Staff. MOTION: Councilman Brown moved Council adopt the values as presented on the exhibit map by the Staff and proceed with the processing of bids with the amounts as stated be established as the minimum bid. The motion was seconded by Mayor Donohoo. Councilman Jennings commented that perhaps this matter should be continued to give the Councilmen more time to study the matter. Mr. Kitzman requested more time to give the property owners a chance to have their own assessment made of the property. Councilman Brown withdrew his motion with Mayor Donohoo withdrawing his second. MOTION: Councilman Jennings moved Item B-4 on the agenda be deferred to the next meeting. The motion was seconded by Councilman Brown and unanimously carried. MINUTES - MORRO Regular -Meeting Page Six NEW BUSINESS BAY CITY COUNCIL April 22, 1974 C-1 Resolution approving a lease between the City. of Morro Bay and the State of California for berthingand parking space. Mr. Warden explained the'State of California, Fish and Game people have been using docking space at the City "T" Pier under an agreement which has now expired. ,Under that agreement the State paid a certain amount for the original construction and maintenance of docking facilities. Mr. Warden stated the State has now asked that they be placed on a monthly rental basis. The 'City Staff had arrived at a monthly rental fee of $25.00, which, historically, has about equaled our maintenance and repair costs. A discussion followed. RESOLUTION NO.'31-74. Resolution approving a lease between the City of Morro Bay and the State of California for berthing and parking space. MOTION: Councilman Jennings moved that Resolution No. 31-74 be read by title only. The motion was seconded by Councilman Mitchell and unanimously carried. MOTION: Councilman Jennings moved for the adoption of Resolution No. 31-74. The motion was seconded by Councilman Brown and unanimously carried. C-2 Resolution approving Contract of Sale of Real Property, accepting Deed from Henry 0. Bender and authorizing recordation RESOLUTION NO. 32-74. Resolution approving contract of Sale of Real Property accepting Deed from Henry 0. Bender and authorizing recordation. MOTION: Councilman Jennings moved that Resolution No. 32-74 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 32-74 by title only. MOTION: Councilman Jennings moved for adoption of Resolution No. 32-74. The motion was seconded by Councilman Brown and unanimously carried. INDIVIDUAL DETERMINATION AND/OR.ACTION D_1 City Council (1) Councilman Brown stated that he and Councilman Pipitone had not been in contact with 'Cable TV because of the strike conditions. They would continue to contact Mr. Hapgood and would report at the next meeting. D_2 City Attorney Mr. LeSage had nothing to report at this time. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 22, 1974 Page Seven D-3 City Administrator (1) Mr. Warden stated he had received a request from the Parks and Recreation Committee to hold a joint meeting with the Council. Dates were discussed and it was agreed that'the meeting should be held on Wednesday, May 8, 1974, at 4:30 p.m. in the Recreation Building. (2) Mr. Warden presented the Financial Report for the month of March, 1974. MOTION: Councilman Jennings moved for the approval of the Financial Report dated March 31, 1974. The motion was seconded by Councilman Mitchell and unanimously carried. (3) Mr. Warden presented the Expenditure Report for the period April 1, through 15, 1974, for Council consideration. Councilman Pipitone questioned the City Administrator as to what Check #9261 made out to the House of Almonds, in the amount of $54.98, was used for. Mr. Warden explained that each year a luncheon is held for Congressmen in Washington, D.C. and each City contributes something towards this luncheon which is sponsored by California Marine Affairs and Navigation Conference, an organization comprised of cities and harbor districts concerned with harbor and navigation facilities. The City of Morro Bay sends its contribution as a member of CMANC. The City has been a member since incorporation. MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period April 1 through 15, 1974. The motion was seconded by Councilman Brown and unanimously carried. (4) Mr. Warden explained that it might be necessary for him to make a trip to Sacramento and perhaps to San Francisco, with regard to the Wastewater Project at a moment's notice. Since he would not have sufficient time to bring this trip to the Council for their approval, and since such a trip would not be a part of the regular budget approved trips, he was asking approval at this time. MOTION: Councilman Mitchell moved the City Administrator be allowed to go to Sacramento and San Francisco in connection with the Wastewater Project. The motion was seconded by Councilman Jennings and unanimously carried. CORRESPONDENCE 1. Letter from Jeanette Duncan, E.O.C. Senior Citizen Coordinator 2. Letter from Edward B. Foote regarding the water recyling or reclamation project. Mr. Warden stated Mr. Foote, in his letter, had asked many questions which should be answered before this project went to vote. These questions and others should be answered and Mr. Warden questioned MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 22, 1974 Page Eight the Council as to how they wished to handle this. Mayor Donohoo appointed Councilmen Jennings and Brown. to work on a committee with Staff to prepare'the'necessary answes. MOTION: Mayor-Donohoo moved the correspondence be' filed. The motion was seconded'by Councilman Jennings and unanimously.carried. ADJOURNMENT MOTION: Councilman Jennings moved that the' meeting adjourn to executive session. The motion was seconded by Mayor Donohoo and unanimously carried. The meeting adjourned to executive session at 10:30 p.m. and returned to regular session at 10:55 p.m. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Mitchell and unanimously carried. The meeting adjourned at 10:55 p.m. Recorded by:. M. L. WARDEN, City Clerk By: Nellie C. Cecil Acting Secretary NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, April 8, 1974, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the proposed rezoning of a C-1 Zone along Main Street between Panay Street and Zanzibar Street, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against or in modifi- cation of said proposed rezoning. DATED: March 13, 1974 M.'M.'WARDEN, City Clerk City of Morro Bay, California NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, April 8, 1974, 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 Dick Fariss for Domenghini Trust from Planning Commission denial of application and request to rezone a parcel of land thirty-three acres of the Domenghini Ranch on the southeast boundary of Harbor Front Unit #1, from R-A to R-1, Morro Bay, California;'at which said hearing any person interested may appear and express his views for, against, or in modification of said appeal. DATED: March 26, 1974 RED R. DONOHOO, Mayor City of Morro Bay, California 1] CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING April 8, 1974 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 25, 1974 2. Minutes of the executive meeting of March 25, 1974 3. Minutes of the special meeting of March 30, 1974 4. Minutes of the executive meeting of March 30, 1974 HEARINGS, APPEARANCES AND REPORTS A-1 Public hearing regarding rezoning a portion of Main Street A-2 Report on consolidation of Fire Department personnel A-3 Public hearing on appeal of Dick Fariss for Domenghini Trust from Planning Commission denial of request for rezoning UNFINISHED BUSINESS B-1 Consideration of approval of Owen Menard and Associates Work Program B-2 Resolution accepting work and giving notice of completion ­ for construction and installation of floats, ramps and piling inthe City of Morro Bay B-3 Consideration of proposed speed limit modification, South Bay Boulevard B-4 Letter report by John Mann concerning evaluation of Morro and Chorro Basin water capacities NEW BUSINESS C-1 Appeal of Lyle D. Wollert from Planning Commission denial of variance - set hearing date C-2 Appeal of Warren M. Dorn from Planning Commission approval of variance - set hearing date C-3 Resolution authorizing acceptance of "Agreement and Grant of Easement" with the State of California, Department of Parks and Recreation for an additional Ridgeway water storage tank 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 April 8, 1974 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Donohoo at 7:30 p.m. with the Pledge of Allegiance. Councilman Donald Brown gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None MINUTES The minutes of the regular and executive meeting of March 25, 1974, and the special and executive meeting of March 30, 1974, were considered by the Council. MOTION: Councilman Jennings moved that the minutes be approved. The motion was seconded by Councilman Pipitone and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Public hearing regarding rezoning a portion of Main Street Jim Nuzum, Planning Director, stated that the Planning Com- mission was recommending a Zoning Ordinance change to those lots lying primarily on the easterly side of North Main Street, approximately 150 feet southerly of Island Street and 50 feet northerly of Zanzibar Street from Cl, S-9 to include special S-6 conditions. "Multiple family dwellings, apartments and dwelling groups shall be permitted subject to the securing of a Use Permit."y Mr. Cornelius van Beurden is attempting to convert his Flying Dutchman Motel into apartments because of the high vacancy factor in the motel; under the present Zoning Ordinance designation in that area he is unable to do so. The Planning Commission and Planning Director recommended approval of this zoning change. Mayor Donohoo declared the public hearing open at 7:33 p.m. and called for presentations with regard to the proposed zoning change. Jane Orvis asked what type of apartment buildings will be allowed in the zoning change. Mr. Nuzum stated that the size of the apartment buildings will be governed by the size of the lot. As there were no further comments, the public hearing was closed at 7:35 p.m. Councilman Mitchell asked if the zoning change would apply to all C-1, S-9 zoning areas throughout the City. Mr. Nuzum stated that the additional zoning designation of S-6 will apply to the subject area only. ORDINANCE NO."123. Ordinance amending the Zoning Map of the City of Morro Bay as relates to certain property located on the MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL April 8, 1974 easterly side of North Main Street between a point lying approximately 150 feet southerly of Island Street and a point lying approximately 50 feet northerly of Zanzibar Street. MOTION: Councilman Jennings moved that Ordinance No. 123 be read by title only.. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Ordinance No. 123 by title only. MOTION: Councilman Jennings moved that this constitute the first reading of Ordinance No. 123. The motion was seconded by Councilman Mitchell and unanimously carried. A-2 Report on consolidation of Fire Department personnel Mr. Warden presented the Council with a report regarding the test results of the proposed consolidation of the two Fire Stations with Fire Station No. 1 remaining as a full time station and Fire Station No. 2 being used as a volunteer station with the present pumper still remaining at Station No. 2. In the opinion of Frank Stephens, Acting Fire Chief, the total operations of the Fire Department would be substantially improved as a result of consolidation; additionally, the tests showed that no part of the City would be jeopardized in consolidating the two stations. Mr. Warden reported on a new legislation which will make it mandatory for the City to pay over -time to fire personnel in excess of a fifty-four hour work week; the City's'fire personnel are currently working sixty-seven hours per week. Mr. Warden also discussed the possibility of letting the ambulance service use a portion of the garage area for their facilities with the Fire Department pumper occupying the rest of the garage. The other facilities available at Station No. 2, i.e., living quarters, could be used by Senior Citizens, Youth groups, or other public uses. Mr. Warden recommended Council approval of the consolidation of the two Fire Stations to Fire Station No. 1, leaving Fire Station No. 2 as a volunteer station. He did, however, ask Council to make a provision, should they agree with the consolidation,; that Fire Station No. 2 could revert to the City for a full time station should future circumstances make it necessary. Council members discussed the report and were generally in favor of the consolidation because of the results of the ninety day test period. MOTION: Councilman Jennings moved that Council approve the consolidation of Fire Station No. 2 to Fire Station No. 1, that Staff be directed to pursue the possible use of the Fire Station by the ambulance service, and that the City reserve the right to reinstate the full time fire station status should future needs demand it. The motion was seconded by Councilman Brown. Comments were heard from Mary Phillips The motion was unanimously carried. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL April 8, 1974 A-3 Public hearing on appeal of Dick Fariss for Domenghini Trust from Planning Commission denial of request for rezoning Mr. Nuzum informed the Council that the Planning Commission had denied a request to rezone a portion of the Domenghini Ranch from R-A to R-1 because the increased density as a result of rezoning would have an adverse impact upon the water situation, traffic circu- lation should not be primarily through the "Harbor Front, Unit 1" subdivision, no rezoning to R-1 should be allowed without taking further steps to limit density, and the Open Space proposal of the applicant is unacceptable, since it does not provide "usable" open space. Mr. Nuzum explained in detail his recommendations,,. -as well as the Planning Commission's actions. He recommended that the Council approve rezoning the area, 32.94 acres, from R-A to R-1, S-3. The S-3 designation would limit the lot size to 10,000 square feet and permit a maximum density of-4.26 dwelling units per acre. Also, the subdivision ordinance provides safeguards with regard to traffic circulation, grading and lot sizes, and any deviations therefrom must be approved by the Council. . He informed the Council that the request of the applicant for an R-1 rezoning would double the density now required. He recommended that the Council address themselves to the question of density only, as traffic circulation, the water situation, etc., will be considered by the Planning Commission at the time the tentative subdivision map is presented to them. Mayor Donohoo opened the public hearing at 8:10 p.m. and called for presentations with regard to this appeal. Mr. Dick Fariss presented Mr. Barry Eaton of VTM, the firm who prepared the Environmental Impact Report, to address the Council on this matter. Mr. Eaton discussed the various aspects of the project and indicated that the applicant agrees with the recommendation of the Planning Director. Mr. Willard McGonagill spoke in opposition to the project, referring to the City's water problem and that the project would cause "urban sprawl". Mr. Gene Shelton also spoke in opposition to the project. RECESS 8:50 p.m. RECONVENED 8:58 p.m. Comments were heard from Jane Orvis, Dorothy Cutter, and Mr. McGonagill in opposition; Mr. Eaton, Chet Weaver, and Dick Fariss in rebuttal; and Mary Phillips. The hearing was closed at 9:12 p.m. and turned over to Council for their discussion and action. Councilman Mitchell was concerned that the Council's approval of rezoning would indicate approval of the project. He felt that this would have an adverse affect on the City's bond issue to come before the voters in June regarding the wastewater reclamation project; since voters might feel that in voting in favor of the bond issue, they would be voting in favor of this project and the increased density proposed. If the Council waited until after the passage of the measure MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL April 8, 1974 to approve this rezoning, there would be more of a certainty regarding water. He also discussed the possible adverse affects of the traffic circulation. Other Council members did not feel approval of the rezoning would affect the bond issue; the tentative map stage of the project would be the time to determine the water situation and the traffic circula- tion problem. Councilman Jennings pointed out that the R-1, S-3 zoning de- signation would take care of open space and the density problems, while the tentative map process would consider the sufficiency of water and adequate traffic circulation patterns. It was pointed out that the developers would need a certification from the City that the water supply of the City is adequate before a final subdivision map could be approved. There was further discussion on this matter. MOTION: Councilman Jennings moved that this matter be referred back to the Planning Commission to consider rezoning portions of the Domenghini Ranch from R-A to R-1, S-3 and that a report from the Planning Commission on this recommenda- tion be forwarded to Council. The motion was seconded by Mayor Donohoo. It was noted that the Planning Commission must come back with recommendations within forty days. Councilman Mitchell asked if Council could extend that time to sixty days. Council members agreed with this. Councilman Jennings amended his motion to include that Planning Commission recommendations on this matter be returned to Council within sixty days. The amendment was accepted by Mayor Donohoo and unanimously carried. UNFINISHED BUSINESS B-1 Consideration of approval of Owen Menard and Associates Work Program Mr. Warden noted that the Council had previously approved a plan to have the City's General Plan updated by Owen Menard and Associates. They have completed the Reconnaissance Study of which Council is in receipt. Mr. Warden requested that Council approve the Work Study Program incorporated therein and that :the;: City contract with Owen Menard and Associates to perform the work. MOTION: Councilman Jennings moved that Council follow Mr. Warden's recommendation and direct him to enter into a contract with Owen Menard and Associates for completing the Work Study Program. The motion was seconded by Councilman Brown. There was some discussion relative to the cost of this program. The motion was unanimously carried by roll call vote. MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL April 8, 1974 B-2 RESOLUTION NO. 28-74. Resolution accepting work and giving notice of completion for construction and installation of floats, ramps and piling in the City of Morro Bay MOTION: Councilman Jennings moved that Resolution No. 28-74 be read by title only. The motion was seconded by Councilman Mitchell and unanimously carried. Mr. Warden read Resolution No. 28-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 28-74. The motion was seconded by Councilman Mitchell and unanimously carried by roll call vote. B-3 Consideration of proposed speed limit modification, South Bay Boulevard Mr. Warden stated that Council had recently enacted an ordinance which increased the speed limits on certain streets within the City. Concern with regard to the increase speed limit from 25 miles per hour to 40 miles per hour on South Bay Boulevard was recently expressed by Mrs. Jones of Jones Trailer Park. Mrs. Jones feels that there is a hazard in the area of her driveway on South Bay Boulevard because of this increased speed limit. Staff members have investigated this matter and recommended that the speed limit on the west side of South Bay Boulevard be decreased to 25 miles per hour leaving the northbound traffic on the east side of the street able to travel at 40 miles per hour. Upon discussing this matter with Staff, however, Mr. Warden was recommending to Council that the speed limit be decreased on both sides of the South Bay Boulevard between Quintana Road And the State Park boundary. He recommended Council direct Staff to prepare the necessary ordinance to effectuate this action, if they concur. MOTION: Councilman Jennings moved that Council approve the proposal by Mr. Warden with regard to decreasing the speed limit on South Bay Boulevard from 40 to 25 miles per hour, and direct Staff to prepare the necessary ordinance. The motion was seconded by Mayor Donohoo'and unanimously carried. B-4 Letter report by John Mann concerning evaluation of Morro and Chorro Basin water capacities Mr. Warden stated that Council had previously approved retaining John F. Mann, Jr., Consulting Geologist and Hydrologist, to evaluate the water situation as pertains to Morro and Chorro.Basins. Mr. Warden read Mr. Mann's letter in this regard. It was noted that the Morro and Chorro Basins do not have the capacity for any more water producing wells. Mr. Warden discussed the possibility of a well on the sand spit. Because of the economics, etc., involved, Staff felt that installing a well on the sand spit would not be feasible. E MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL April 8, 1974 Basically, the letter confirmed the John Carollo Engineers analysis of the City's water situation, which is that the water pro- ducing capabilities of the Morro and Chorro Basins are reaching their limits. No action was required of Council as the report was for inform- ation only. NEW BUSINESS C-1 Appeal of Lyle D. Wollert from Planning Commission denial of variance - set hearing date Mayor Donohoo stated that -Mr. Warden has suggested setting the hearing date for this appeal for April 22, 1974. MOTION: Councilman Jennings moved that the hearing date for the appeal of Lyle D. Wollert be set for April 22, 1974. The motion was seconded by Councilman Brown and unanimously carried. C-2 Appeal of Warren M. Dorn from Planning Commission approval of variance - set hearing date Mr. Warden informed Council that the action on this matter was with reference to a Use Permit instead of a variance. MOTION: Councilman Jennings moved that the hearing date for the appeal of Warren M. Dorn be set for May 13, 1974. The motion was seconded by Councilman Pipitone and unanimously carried. C-3 RESOLUTION NO. 29-74. Resolution authorizing acceptance of "Agreement and Grant of Easement" with the State of California, Department of Parks and Recreation for an additional Ridgeway water storage tank. Mr. Warden informed the Council that the resolution should read Kings Street water storage tank", rather than ..."Ridgeway water storage tank". MOTION: Councilman Jennings moved that Resolution No. 29-74 be read by title only. The motion was seconded -by Councilman Mitchell and unanimously carried. Mr. Warden read Resolution No. 29-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 29-74. The motion was seconded by Councilman Brown and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council (1) Councilman Pipitone stated that he had investigated the possibility of having the audio portions of the Council meetings MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL April 8, 1974 aired on Channel 10 of the Cable TV system. This is possible and he asked Council's opinion. Council members had no objections and Mayor Donohoo appointed Councilmen Pipitone'and Brown to investigate the particulars involved. It was noted that Planning Commission meetings could also be aired. D=2 City Attorney Mr. LeSage had nothing to report at this time. D-3 City Administrator (1) Mr. Warden reported on :the results of the Clean Air Rally in which a car participated using City sewer gas. Parti- cipation in the Rally was by Cal Poly students, with financial help from the City and donated equipment from Pneumetics, Inc. The re- sults indicated that it is possible for a sewer gas powered car to meet or exceed the 1974 emmission standards. The students, with the help of the City's treatment plant employees, were just able to make the car run in time to enter the race but were unable to de- velop a scrubber which would have cleaned up and made more efficient the sewer gas. Mr. Warden stated that he had been and will continue to look into the possibility of obtaining federal or state funds for this type of project. (2) Mr. Warden stated that the City was in receipt of corres- pondence from the American Revolution Bicentennial Commission of California regarding -Bicentennial activities. He asked the Council if they wished to establish a committee to become active in this organization. There was discussion as to whether or not funds were available for projects and Council referred the matter to the Centennial Stairway Committee for investigation. (3) Mr. Warden presented the Expenditure Report for the period March 16-31, 1974, for Council consideration. MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period March 16-31, 1974. The motion was seconded by Councilman Pipitone and unanimously carried. CORRESPONDENCE 1. Letter from the Commercial Fishermen's Organization of Morro Bay, Inc. regarding policy statements. ADJOURNMENT Mr. Warden requested that Council adjourn to executive session for discussion of personnel and possible litigation. MOTION: Councilman Jennings moved that the meeting adjourn to executive session. The motion was seconded by Councilman Mitchell and unanimously carried. The meeting adjourned to executive session at 10:15 p.m, and returned to regular session at 10:42 p.m. 0 MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL April 8, 1974 MOTION: Councilman Mitchell moved that the meeting adjourn. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned at 10:42 p.m. RECORDED BY: M. L. WARDEN City Clerk BY: , __ "acZal, /0Ca9Z--J ARDITH DAVIS Deputy City Clerk 0 0 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Saturday, March 30, 1974, at 9:30 a.m. in the City Hall Con- ference Room, 595 Harbor Street, Morro Bay, California to consider the following: 1. Applicants for position of Fire Chief 2. Approval of argument in favor of the bond issue. DATED: March 28, 1974 FRED R. DONOHOO, Mayor City of Morro Bay, California By: M. L. WARDEN', City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting March 30, 1974 9:30 a.m. City Hall Conference Room The meeting was called to order at 9:30 a.m. by Mayor Donohoo. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None MOTION: Councilman Jennings moved that the meeting adjourn to executive session to interview applicants for Fire Chief. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned to executive session at 9:31 and returned to regular session at 11:15 a.m. Mr. Warden presented the argument in favor of the Wastewater Reclamation facilities for Council consideration. Council discussed the proposed argument and made various suggestions as to its content. When Council was satisfied with the wording of the argument, Mr. Warden was directed to have the argument typed and all Council members would sign it. MOTION: Councilman Jennings moved that the meeting recess for lunch. The motion was seconded by Councilman Brown and unanimously carried. RECESS: 1:30 a.m. RECONVENED 1:15 MOTION: Councilman Jennings moved that the meeting adjourn to executive session to continue interviewing applicants for Fire Chief. The motion was seconded by Councilman Mitchell and unanimously carried. The meeting adjourned to executive session at 1:16 p.m. and returned to regular session at 6:10 p.m. MOTION: Councilman Jennings moved that Jerome J. Faraone of Stockton be appointed as Fire Chief for the City of Morro Bay. The motion was seconded by Councilman Pipetone. The motion was discussed by Council members. The motion was unanimously carried. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Mitchell and unanimously carried. The meeting adjourned at 6:15 p.m. RECORDED BY: M. L. WARDEN City Clerk 0 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING March 25, 1974 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call HEARINGS, APPEARANCES AND REPORTS A-1 Public hearing on vehicle abatement UNFINISHED BUSINESS B-1 Resolution prohibiting parking on portions of certain streets within the City of Morro Bay - Improvement District No. 6 B-2 Request of Roandoak of God Christian Commune for use of City property - continued B-3 Resolution approving transfer of lease from Davis to Kirth - Lease Sites No. 71, 72, 71W and 72W B-4 Resolution adopting rules, regulations, and fees and establishing mooring zones for the mooring of vessels at piers, docks, and off -shore moorings within the corporate limits of the City of Morro Bay B-5 Consideration of Planning Commission recommendations regarding the use of Anchor Street and "Pipkin"" property B-6 Consideration of County proposal for animal control program administered County -wide B-7 Resolution accepting work and giving Notice of Completion for construction and installation of Police Station remodeling improvements B-8 Bond issue placement on ballot - June 4th Election NEW BUSINESS C-1 Consideration of citizen petition to prohibit motorcycle riding in lots adjoining Ironwood Avenue between Avalon and Highway 1 C-2 Appeal of Dick Fariss for Domenghini Trust from Planning Commission denial of rezoning - set hearing date C-3 Consideration of Council committees 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 25, 1974 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Donohoo 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 Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None MINUTES The minutes of the regular meetings of March 11 and March 12, 1974, were considered by Council. MOTION: Councilman Jennings moved that the minutes be approved. The motion was seconded by Councilman Pipitone and unanimously carried. HEARINGS, APPEARANCES AND REPORTS A-1 Public hearing on vehicle abatement Mr. Warden presented information regarding the location and registered owners of the vehicles in question. Mayor Donohoo declared the hearing open at 7:33 p.m. and asked for presentations regarding these vehicles. Mr. Nichols Howell, owner of three of the vehicles in question, stated that the International flatbed truck will be moved directly, and the other two vehicles are not, in his opinion, abandoned. The hearing was closed at 7:37 p.m. and turned over to Council for discussion. Mr. Warden stated that the Council needed to make a judgment on these vehicles as to whether they constitute a public nuisance or not. Council members discussed looking into the matter further and perhaps referring it to the Public Safety Committee. Councilman Mitchell suggested that Staff be authorized to make the determination as to whether or not the vehicles constitute a nuisance and proceed. Council concurred with this suggestion. MOTION: Councilman Mitchell moved that Staff be directed to take appropriate action in accordance with the Vehicle Abatement Ordinance. The motion was seconded by Councilman Jennings and unanimously carried. UNFINISHED BUSINESS B-1 RESOLUTION NO. 25-74. Resolution prohibiting parking on portions of certain streets within the City of Morro Bay - Improvement District No. 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March'25, 1974 Page Two Mayor Donohoo stated that Council had held a public hearing on this matter at a previous meeting and had directed Staff to prepare a resolution in accordance with their determination at that time. MOTION: Councilman Jennings moved that Resolution No. 25-74 be'read by title only. The motion was seconded by Councilman Mitchell and unanimously carried. Mr. Warden read Resolution No. 25-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 25-74. The motion was seconded by Councilman Mitchell and unanimously carried. B-2 Request of Roandoak of God Christian Commune for use of City property - continued Mr. Warden informed the Council that they had continued this matter until a determination was made by the Board of Supervisors regarding restrictions on the Commune. The Board of Supervisors had granted the Commune a 120 day extension to comply with conditions. Even though the occupancy of the Commune will be limited, they are still requesting the use of City property for grazing of animals and as a recreation area for children. The property they are requesting to use is commonly referred to as the "Boone" property and consists of five acres upon which the City has a water producing well. Since the time of the Commune request, Mr. Warden stated that he has received another request for use of this property. A Mr. Manual Rocha has used this property for grazing since before the City's purchase of it. He plans to discontinue the use in June of this year. He has been using City property as well as leasing property from Mrs. Cottini, who owns land contiguous to the City property, for grazing of animals. Mr. Flood wishes to takeup where Mr. Rocha leaves off. He will be leasing property from Mrs. Cottini and is requesting the use of City property also to make the grazing of animals economically feasible for him. Mr. Warden suggested four alternatives to the situation; (1) put the property out to bid, (2) lease the property to Mr. Flood without bid, (3) do nothing at all with the property, or (4) allow the Roandoak of God Christian Commune use of the property. Mr. Warden also suggested that the conditions outlined in his memo of February 21, 1974, be incorporated if the Council decides to lease the property. Comments were heard from Delmar Ashurst, Dudley Johnson, Lienna Waltz, Mr. Flood and Mrs..Cottini. Councilman Jennings felt that the only fair way to decide who uses the property is to put the Tease of it out for bid so that all have an equal chance. Councilman Mitchell disagreed. He felt that the Commune provided a real service to the City in helping with the drug problem and re- habilitating the people inhabitating the Commune. He said that the MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL March 25, 1974 City could help a little in this area, also, by letting the Commune use this property. Mayor Donohoo agreed with this. He stated that Mr. Ashurst, who directs the Commune and owns the property that the Commune uses, leases well sites to the City and has been very cooperative in the past with the City of Morro Bay. MOTION: Councilman Mitchell moved that Staff be authorized to prepare and present to Council, a Use Permit allowing the Roandoak of God Christian Commune the use of the City's "Boone" property for the purposes set forth in their letter and incorporating the conditions outlined in Mr. Warden's memo dated February 21, 1974. Mr. Warden asked that the motion be amended to include that a token payment be made for the use of the property. Councilman Mitchell amended his motion to include that a minimum token payment of $1.00 per year be made by Roandoak of God for the use of this property. The motion was seconded by Mayor Donohoo. There was further discussion on the motion. The motion failed on the following roll call vote: AYES: Councilman Mitchell and Mayor Donohoo NOES: Councilmen Brown, Jennings, and Pipitone MOTION: Councilman Jennings moved that Council direct Staff to prepare bids for the applicants concerning the City's "Boone" property. There was some discussion regarding the conditions of the Use Permit. Councilman Jennings amended his motion to include that the conditions set forth in Mr. Warden's memo dated February 21, 1974, be made part of the bid. The motion was seconded by Mayor Donohoo. There was some discussion as to the minimum amount to set for annual lease of the property and it was decided that Council did not wish to set a minimum bid on this property. The motion was unanimously carried. B-3 RESOLUTION NO. 26-74. Resolution approving assignment of Lease Sites No. 71, 72, 71W and 72W from Lorenzo Davis and Violet Davis .to John J. Kirth and Gisela G. Kirth Mr. Warden informed the Council that they had requested that Staff negotiate with Mr. and Mrs. Kirth regarding their intended use of the lease. He has talked with Mr. Kirth and they do not intend to MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL March 25, 1974 change the present uses on the lease site for the remaining term of the lease; it expires in 1976. At that time the City can negotiate for a City lease and provide for the termination of the living quarters allowed under the present lease. The City cannot unreasonably withhold assignment on leases. MOTION: Councilman Jennings moved that Resolution No. 26-74 be read by title only. The motion was seconded by Mayor Donohoo and unanimously carried. Mr. Warden read Resolution No. 26-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 26-74. The motion was seconded by Mayor Donohoo and unanimously carried by roll call vote. B-4 Consideration of resolution adopting rules, regulations, and fees and establishing mooring zones for the mooring of vessels at piers, docks, and off -shore moorings within the corporate limits of the City of Morro Bay. Mr. Warden stated that the title of the resolution should be corrected to read "Resolution adopting rules, regulations, and fees of vessels at piers, docks, and off -shore moorings within the corpor- ate limits of the City of Morro Bay". This would delete the phrase "...and establishing mooring zones..."; the mooring zones were es- tablished by ordinance. Councilman Jennings stated that there were several other matters discussed by the Rules and Regulations Committee. First, they re- commended that those people forced to move from the site where the City constructed new docks (old St. John site) should have an oppor- tunity to obtain a site without being put on the waiting list. There are four boats involved. They would initially be allowed to use a site without meeting the newly established criteria, but would have to establish their qualification as a commercial fishing vessel within a year. Another problem involved the fishing vessel "Faith"'. It was felt by the Committee that this boat should be exempted from the residency requirement providing that all users of City docking space must live within the County, because the owner of this vessel has used Morro Bay as his home port for eight years and has paid rental to the City for docking space for the past three years. Councilman Mitchell asked the City Attorney if the requirement that all users of docking space must be residents of the County, is constitutional. The City Attorney stated that he would research the matter and report back to Council. Sandy Munro stated that the Committee's�intent_with respect to this provision was to establish priority for County residents rather than restricting use to them only. Council tabled this item until an opinion is rendered by the City Attorney. • MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL March 25, 1974 B-5 Consideration of Planning Commission recommendations regarding 0o, the use of Anchor Street end and "Pipkin" property: Mr. Warden stated that consideration of this area had been tabled to allow the new Council to make a determination on this matter. The Planning Commission had recommended that the street end be left open in accordance with current City policy, and that any development on the "Pipkin" property be marine oriented with the adjacent water area leased with a minimum land use on the property. Councilman Mitchell stated that he was in favor of accepting the Planning Commission's recommendation regarding the street end; he was also in favor of razing the "Pipkin" house and referring this t:F matter back to the Planning Commission for their recommendations for a suitable use of the area as Open Space. MOTION: Councilman Mitchell moved that Council establish a policy with respect to the street end that it remain Open Space, and refer the question of possible Open Space on the "Pipkin" property to the Planning Commission for its recommendation. The motion was seconded by Councilman Jennings and unanimously carried. B-6 Consideration of County proposal for animal control program administered County -wide Mr. Warden informed the Council that the County has been ex- ploring the problems of animal control for some time. Their current proposal is'that the County be responsible for its policing and pick up of animals, and contract with Woods Animal Shelter for retention and disposal. The City is currently paying $585 per month for animal control services to Woods Animal Shelter, and this will certainly increase considerably whether the City of Morro Bay decides to contract with the County or the Shelter for services. The problem with contractions with Woods is that each city pays a portion of the operating costs according to its population; the County and City of San Luis Obispo have already indicated that they do not intend to contract with Woods for services, thereby leaving the burden of the costs upon the in- corporated cities if they choose to contract with Woods. Mr. Warden stated that he would like an'indication from the Council as to whether they are interested in exploring the County concept or not. Councilman Mitchell stated that the County needs a definite pro- gram which can be continued through the years in order to control the animal situation. He feels that this can only be done if the County administers the program. Each year there is quite a bit of haggling with Woods regarding costs and which cities will or will not partici- pate. MOTION: Councilman Jennings moved that Council express to the Administrative County Officer a willing- ness to participate in a County -wide program and for them to prepare costs estimates and detailed MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL March 25, 1974 plans for Council consideration at a later date. The motion was seconded by Councilman Mitchell and unanimously carried.. B-7 RESOLUTION NO. 27-74 - Resolution accepting work and giving notice of completion for construction and installation of Police Station remodeling improvements MOTION: Councilman Jennings moved that Resolution No. 27-74 be read by title only. The motion was seconded by Councilman Mitchell and unanimously carried. Mr. Warden read Resolution No. 27-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 27-74. The motion was seconded by Councilman Mitchell and unanimously carried. B-8 Bond issue placement on ballot - June 4th Election Mr. Warden stated that with regard to the bonding of the Waste- water Reclamation Project, which will be put to the voters on June 4th, the Council needs to authorize certain persons to write an argu- ment in favor of the project and also authorize the City Attorney to prepare an impartial analysis to be included in the sample ballots. Mary Phillips asked if the City would go ahead with the project if Federal and State funds were not forthcoming. Mr. Warden stated that that question would have to be determined at the time funding was refused. The bonds would not be issued if a new funding approach was required. MOTION: Councilman Jennings moved that Council authorize the City Attorney to prepare an objective analysis of the bond issue to be included in the sample ballot. The motion was seconded by Councilman Brown and unanimously carried. Councilman Mitchell suggested that the City Administrator be authorized to prepare the argument in favor of the project since he is aware of all the implications of the proposal, and present to Council for their endorsement. MOTION: Councilman Mitchell moved that Council direct the City Administrator to prepare an argument in favor of the bond issue and that it be pre- sented to the Council on April 8, 1974, for approval. The motion was seconded by Councilman Jennings and unanimously carried. RECESS 8:51 P.M. RECONVENED 8:59 p.m. NEW BUSINESS C-1 Consideration of citizen petition to prohibit motorcycle riding in lots adjoining Ironwood Avenue between Avalon and Highway 41 MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL March 25, 1974 Mayor Donohoo stated that the Council is in receipt of a petition signed by thirty-six residents in the above area. They are objecting to the noise and pollution caused by motorcycle riding on lots in the area. Mr. Warden stated that he had discussed this matter with the Chief of Police and, since the boys are riding the motorcycles on private property, it is a civil matter and therefore out of the hands of the City. The only control the City has is on the noise factor, which is very difficult to determine since the ordinance re- garding noise provides that it must be read in decibels. The equip- ment for this type of reading is very expensive and not too reliable. There was considerable discussion on this matter with comments from Mrs. Webber and Mrs. Burton, who live in the are. Council dis- cussed finding a permanent area for the youngsters to ride their bikes. Mayor Donohoo stated that this matter should be referred to one of the standing committees for investigation. Council concurred. C-2 Appeal of Dick Fariss for Domenghini Trust from Planning Com- cission denial of rezoning - set hearing date. MOTION: Councilman Jennings moved that the hearing date to consider this appeal be set for April 8, 1974. The motion was seconded by Councilman Brown. Councilman Mitchell asked if it would be possible to get the information regarding this appeal in advance of the regular agenda packet, since the Council should study this matter thoroughly before the meeting. Mr. Nuzum, Planning Director, stated that the information would be ready the first part of next week. The motion was unanimously carried. C-3 Consideration of Council committees Mayor Donohoo stated that he had recommendations with regard to the Council committees. Council members reviewed the Mayor's recommendations and the committees were set up as follows: COUNCIL STANDING COMMITTEES Audit and Finance County Solid Waste Disposal, Highway Safety Public Safety Public Works Recreation SLO County and Cities Area Planning Coordinating Council Water Advisory AD HOC COMMITTEES Building Restriction Implementing City Selection Committee City Water Supply Legislation Affecting Cities Transportation Underground Utilities * Indicates Chairman Donohoo*, Jennings Brown & Pipitone Mitchell Pipitone*, Mitchell Jennings*, Pipitone Mitchell Brown - Delegate Pipitone - Alternate Jennings Donohoo*, Donohoo Jennings*, Mitchell* Brown Mitchell*, Jennings Mitchell Brown Ll MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL March 25, 1974 REPRESENTATIVES TO STATE COMMITTEES California Council on Criminal Justice Regional Board Donohoo California Council of Criminal Justice - Correctional Task Force Donohoo REPRESENTATIVES TO LEAGUE OF CALIFORNIA CITIES COMMITTEES Public Safety Committee . Health and Welfare Committee Board of Directors MOTION: Mayor'Donoh'oo moved.th'at be accepted. The motion Councilman Jennings and Donohoo To be appointed Mitchell the nominations was seconded by unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION by Councilman Mitchell (1) Councilman Mitchell asked the Council if they would be willing to consider putting the question of whether or not the Mayor of the City of Morro Bay should be elected by the people, on the ballot. Council members discussed this,with Councilmen Brown and Jennings and Mayor Donohoo maintaining that they preferred a mayor to be elected by the Council members. Councilman Pipitone stated that he would like to look into the matter further. It was noted that if Council approved this matter for the ballot, the question could come before the voters at the November, 1974, elec- tions. However, the soonest the voters would be able to actually elect a mayor, should the measure pass, would be at the general muni- cipal election in 1976. (2) Councilman Jennings presented a talley sheet whereby the order of roll taking and recording:roll call votes during Council meetings would be alternated rather than taken alphabetically, with the Mayor being last. Council members had. no objections to this form of taking roll and recording roll call votes, and the City Clerk was authorized to implement this procedure'. D=2 City Attorney (1) Mr. LeSage had nothing to report at this time. D=3 City Administrator (1) Mr. Warden stated that the test evaluation of the manning of Fire Station No. 2,and the results of the committee now attempting to devise a means for building restrictions implementing building controls, if needed, in response to the water problem,would be brought back to Council at a later date than planned. The Council had ori- ginally directed that these matters be brought for consideration at this time, however, the reports have not yet been completed. The Council would be presented these matters as soon as possible. MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL March 25, 1974 (2) Mr. Warden informed the Council that the Army Corps of Engineers is holding an information meeting regarding the dredging in'Morro Bay Harbor'on Thursday, March'28, 1974, at 7:30 p.m. in the Veterans Memorial Building. (3) Mr. Warden stated that the Senior Citizens are planning to have a rummage sale on the 3rd and 4th of May and requested the use of Fire Station No. 2. Mr. Warden felt that an alternate place should be found since the Council has not made a determination as to the manning of that station and it could be manned full-time in May. He suggested Council authorize the use of the City's Letezia building on Harbor Street for the Senior Citizens to hold their rummage sale. Council had no objections to the Senior Citizens using the City's Letezia property, since they are a non-profit organization. (4) Mr. Warden stated the new mayors' and councilmens' institute, which is conducted by the League of California Cities, will be held on May 15, 16, and 17, in Monterey. He will be giving the new Councilmen and Mayor the information on this seminar so that they can attend. (5) Mr. Warden reported that the Channel Counties Division of the League of California Cities will hold their quarterly meeting in Santa Maria on April 19th. Councilman Jennings and Mayor Donohoo indicated that they would each attend and Councilmen Brown,,. Mitchell and Pipitone said that they would attend with their wives. (6) Mr. Warden presented the Expenditure Report for the period March 1-15, 1974, for the consideration of Council. MOTION: Councilman Jennings moved that the Expenditure Report for the period March 1-15, 1974, be approved. The motion was seconded by Councilman Mitchell and unanimously carried. (7) Mr. Warden presented Transfer Voucher No. 3-4-35 in the amount of $4200 for major repairs to the Treatment Plant barminutor. MOTION: Councilman Jennings moved that Transfer Voucher No. 3-4-35 in the amount of $4200 be approved. The motion was seconded by Councilman Brown and unanimously carried. CORRESPONDENCE 1. Letter from Everts L. Horton requesting funds from the City of Morro Bay for support of Middlehouse, an alcoholic rehabilitation residence. Mrs. Horton requested an appearance before the Council to present this matter. Council indicated that they would be interested in hearing from Mrs. Horton at their regular meeting of April 22, 1974. 2. Letter from Jeanette Duncan, E.O.C. Senior Citizen Coordinator reporting on her month's activities. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 25, 1974 Page Ten MOTION: Councilman Jennings moved that the'correspondence be filed. The motion was seconded by Mayor Donohoo and unanimously carried. Mr. Warden requested Council adjourn to executive session to discuss personnel matters and possible litigation. MOTION: Councilman Jennings moved that the meeting adjourn to executive session for the purpose of discussing personnel and possible litigation items. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned to executive session at 9:45 p.m. and re- turned to regular session at 11:27 p.m. MOTION: Councilman Jennings moved that the meeting be ad- journed. The motion was seconded by Councilman Mitchell and unanimously carried. The meeting adjourned at 11:27 p.m. RECORDED BY: M'.' 'L. WARDEN City Clerk BY: Ardith Davis Deputy City Clerk 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING March 12, 1974 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call HEARINGS, APPEARANCES, AND REPORTS None UNFINISHED BUSINESS B-1 Resolution reciting the fact of the General Municipal Election held on March 5, 1974, and declaring the result thereof NEW BUSINESS C-1 Presentation of Certificates of Election and Oath of Office to new City Council members C-2 Seating of new City Council members C-3 Conduct of election for the Office of Mayor by the City Clerk C-4 Seating of new Mayor and election for the Office of Mayor Pro Tempore INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence 6 46 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 12, 1974 7:30 p.m.: Morro Bay Recreation Hall The meeting was called to order by Mayor Mitchell 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 UNFINISHED BUSINESS B-1 RESOLUTION NO. 24-74. Resolution of the City Council of the City of Morro Bay reciting the fact of the General Municipal Election held in the City of Morro Bay on the 5th day of March, 1974, and declaring the result thereof and such other matters as are provided by law Mr. Warden presented the City Clerk's Certificate of Canvass which is attached hereto and marked as "Exhibit A" and by reference made a part hereof. MOTION: Councilman Jennings moved that Dale C. Mitchell, Donald H. Brown and Nino L. Pipitone be accepted as winners of the election and that the City Clerk's Certificate of Canvass be accepted. The motion was seconded by Councilman Donohoo and unanimously carried. MOTION: Councilman Donohoo moved that Resolution No. 24-74 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 24-74 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 24-74. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. Mayor Mitchell presented Certificates of Appreciation to Lila H. Keiser and Robert E. McConaghay, retiring Council members. He thanked them for their dedicated service to the City of Morro Bay and wished them well. Both retiring Council members said a few words to the public and thanked the citizens for the opportunity to serve the community. NEW BUSINESS C-1 and C-2 Presentation of Certificates of Election and Oath of Office to new City Council members. Mr. Warden presented Certificates of Election to Dale C. Mitchell, Donald H. Brown and Nino L. Pipitone. He then administered the Oath of Office to them and congratulated them on their election. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 12, 1974 Page Two C-3 Conduct of election for the Office of Mayor by the City Clerk Councilman Mitchell turned the meeting over to Mr. Warden, City Clerk, to conduct the election for the office of -Mayor. Mr. Warden informed the Council as to the Election Code requirements governing the election of Mayor. He stated that the Council can choose to vote for the Mayor by secret ballot or by roll call vote. MOTION: Councilman Jennings moved that the election of Mayor be by roll call vote. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. MOTION: Councilman Mitchell moved that Council be allowed to discuss the nomination if they wish. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. Mr. Warden stated that he would entertain nomination for the Office of Mayor. Councilman Jennings nominated Councilman Donohoo for the Office of of Mayor.(' Councilman Pipitone seconded the nomination. MOTION: Councilman Brown moved that the nominations be closed. The motion was seconded by Councilman Jennings. There was discussion as to the appropriateness of the motion. The motion was unanimously carried by roll call vote. Mr. Warden stated that Councilman Fred Donohoo had been nominated for the Office of Mayor and called for discussion. Councilman Mitchell stated that he does not give up the Office of Mayor willingly. He cited the fact that he had been overwhelmingly elected both times he had run for City Councilman and he felt that the people of the C:�ty..had voted for him as Mayor. He read passages from letters from several people who felt the same way. He stated that he was in favor of election of the Mayor by the electorate and he intended to push for this type of action in the future. In conclusion, Councilman Mitchell stated that he felt the Council is making a serious mistake. Councilman Jennings requested that a roll call vote be taken for the Office of Mayor. Councilman Donohoo was elected Mayor of the City of Morro Bay on the following roll call vote: AYES: Councilmen Brown, Jennings, and Pipitone NOES: Councilman Mitchell ABSTAINED:' Councilman Donohoo MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 12, 1974 Page Three C-4 Seating of new Mayor and election for the Office of Mayor Pro Tempore Mayor Donohoo assumed the chair and asked for nominations for the Office of Mayor Pro Tempore. Councilman Pipitone nominated Councilman Jennings for the Office of Mayor Pro Tempore. The nomination was seconded by Councilman Brown. As there were no further nominations for Mayor Pro Tempore, Mayor Donohoo closed nominations and called for a roll call vote on the nomination of Councilman Jennings for this office. Councilman Jennings was elected Mayor Pro Tempore on the following roll call vote: AYES: Councilmen Brown, Jennings, Pipitone, and Mayor Donohoo NOES: Councilman Mitchell INDIVIDUAL DETERMINATION AND/OR ACTION D=1 City Council (1) Councilman Mitchell asked if there were any seating preferences by the Council members. Mayor Donohoo stated that the Mayor Pro Tempore should be seated at the right of the Mayor. Council members decided on the seating arrangement. D_2 City Attorney Mr. LeSage had nothing to report at this time. D-3 City Administrator (1) Mr. Warden stated that he would bring the Council list of standing committees for Council consideration at their next regular meeting and asked Council members to be thinking about the various committee -appointments. (2) Mr. Warden asked Council members to set a date to interview applicants for the position of Fire Chief with the City of Morro Bay. Council members set Saturday, March 30,1974, at 9:30 a.m. in the City Hall Conference Room to interview the applicants. CORRESPONDENCE None ADJOURNMENT Mayor Donohoo expressed his appreciation of the Council members for their confidence in him by electing him Mayor. He adjourned the meeting at 8:00 p.m. RECORDED BY: M. L. WARDEN City Clerk By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING March 11, 1974 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 25, 1974 2. Minutes of the executive meeting of February 25, 1974 HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of representatives of Cuesta College Booster Club to request financial aid UNFINISHED BUSINESS B-1 Ordinance No. 122 - Ordinance calling special municipal bond election re: Wastewater Reclamation Project B-2 Approval of Tax Rate Statement re: Wastewater Reclamation Project B-3 Resolution requesting the consolidation of the special municipal bond election with the direct primary election to be held on June 4, 1974 re: Wastewater Reclamation Project B-4 Resolution amending procedures and guidelines governing Environ- mental Impact Reprots B-5 Consideration of Planning Commission recommendations regarding the use of South Street end and "Pipkin" property NEW BUSINESS C-1 Consideration of claim of sewer damages of Thomas Barket C-2 Consideration of request of Sea Scouts for use of City property C-3 Consideration of request of Lorenzo and Violet Davis to transfer leasehold interests in Lease Sites No. 71, 72, 71W and 72W C-4 Resolution approving Use Permit for Chamber of Commerce use of City property C-5 Consideration of Planning Commission recommendation regarding rezoning of Main Street - set hearing date 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 11, 1974 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Mitchell at 7:30 p.m. with the Pledge of Allegiance. Reverend Dudley Johnson from 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 February 25, 1974, 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 representatives of Cuesta College Booster Club to request financial aid Mr. Pat Gallagher, President of the Cuesta College Booster Club, was present and stated that the Club was requesting financial aid for athletes to support programs such as football camp, book loans, awards, summer basketball, etc. When asked if the Club was requesting a specific amount, Mr. Gallagher stated that they would appreciate whatever the Council feels is appropriate; the City of San Luis Obispo gives $500.00 a year to the organization. Mayor Mitchell felt that this type of support should come from service organizations rather than governmental agencies. Councilman Keiser suggested that the Club again request this financial aid at budget time when it can be properly allocated, if Council so desires. No action was taken by Council. UNFINISHED BUSINESS B-1 ORDINANCE NO. 122. Ordinance calling special municipal bond election re: Wastewater Reclamation Project Mayor Mitchell stated that this is the second reading of the ordinance calling the special municipal bond election for June 4, 1974. MOTION: Councilman Jennings moved that Ordinance No. 122 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Ordinance No. 122 by title only. 11 MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL March 11, 1974 MOTION: Councilman Donohoo moved that this constitute the second and final reading of Ordinance No. 122 and that it be adopted. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. B=2 Approval of Tax Rate Statement re: Wastewater Reclamation Project Mayor Mitchell stated that the proposed Tax Rate Statement estimates a figure of five and one-half cents per $100.00 assessed valuation which would be carried by the citizens of Morro Bay over a period of twenty years. Mr. Warden stated that the five 'cents per $100.00 assessed valua- tion which the citizens have been paying for the past fifteen years for the Sanitary District -will expire this year, so that the additional tax rate will only amount to about one-half cent extra. MOTION: Councilman Jennings moved for the approval of the proposed Tax Rate Statement as set forth. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden also requested that the Council approve the Time -Table for the special bond election and outlined the provisions therein. MOTION: Councilman Jennings moved for the approval of the Time -Table as set forth. The motion was seconded by Councilman Donohoo and unanimously carried. B-3 RESOLUTION NO. 21-74. Resolution requesting the Board of Super- visors of San Luis Obispo County to provide for the consolidation of a special municipal bond election with the State of California Direct Primary Election to be held on June 4, 1974 MOTION: Councilman Donohoo moved that Resolution No. 21-74 be read.by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 21-74 by title only MOTION: Councilman Jennings moved for the adoption of Resolution No. 21-74. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. B=4 RESOLUTION NO. 22-74. Resolution amending procedures and guide- lines governing Environmental Impact Reports Mayor Mitchell stated that Staff had been directed to prepare this resolution pursuant to Council approval of the amended guidelines at the last meeting of the Council. MOTION: Councilman Donohoo moved that Resolution No. 22-74 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. • A MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL March 11, 1974 Mr. Warden read Resolution No MOTION: Councilman Jennings moved Resolution No. 22-74. The by Councilman Donohoo and by roll call vote. 22-74 by title only. for the adoption of motion was seconded unanimously carried B-5 Consideration of Planning Commission recommendations regarding the use of Anchor Street end and "Pipkin" property Mayor Mitchell stated that, Council had referred this matter for the Planning Commission for their recommendations for use of this property upon receiving requests for leasing it. The Planning Commission had recommended that the street end be left open and that the property and water area on the lease site be leased for a water oriented use only. MOTION: Councilman Donohoo moved that the matter of consideration of these recommendations by Planning Commission be deferred until the new Council is installed. The motion was seconded by Councilman Jennings. There was further discussion regarding the lease site. The motion was unanimously carried. NEW BUSINESS C-1 Consideration of claim of sewer damages of Thomas Barket Mayor Mitchell stated that Council was in receipt of a claim from Thomas Barket for sewer damages to his home. In accordance with normal procedures, it is in order for Council to deny the claim thus allowing the City's insurance carrier to proceed with the investigation of this claim. MOTION: Councilman Jennings moved that the claim of Thomas Barket be denied, and that the matter be referred to the City's insurance carrier. The motion was seconded by Councilman Donohoo and unanimously carried. C-2 Consideration of request of Sea Scouts for use of City property Mayor Mitchell informed the Council that this matter had been deleted from the agenda by the applicants. C-3 Consideration of request of Lorenzo and Violet Davis to transfer leasehold interests in Lease Sites No. 71, 72, 71W and 72W Mayor Mitchell stated that Council was in receipt of a request from Lorenzo and Violet Davis to transfer their leasehold interest to John and Gisela Kirth. He asked if there was a change in use contem- plated on this lease site. Mr. Warden said there was none at this time, however, if the Kirths did wish to change the uses presently provided for in the lease, he would like to negotiate with them to have the present County -type lease transferred to a City lease and "eliminate the living quarters which are MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL March 11, 1974 Councilman Donohoo felt that the City should postpone the trans - until the City Administrator negotiates with the Kirths regarding use of the lease site. Councilman Donohoo moved that Staff be directed to negotiate an agreement clarifying proposed future uses and report back to Council. The motion was seconded by Councilman Jennings and unanimously ca RESOLUTION NO. 23-74. Resolution of Commerce use of City property Mr. Warden informed the Council that the Chamber was requesting the use of City property south of the Fish Bowl restaurant and portions of Front Street on the east and south side of the Fish Bowl parking lot. City Staff had recommended against the use of Front Street and the Use Permit covers only that City property located in the south portion of the Fish Bowl parking lot. Councilman Jennings moved that Resolution No. 23-74 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Resolution Councilman Jennings moved for the adoption of Resolution No. 23-74. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. Consideration of rezoning of Main Commission recommendation set hearing date Mayor Mitchell stated that this item was on the agenda at this time only for the setting of a hearing date. It was recommended that April 8, 1974, be set as the date to hear this matter. Councilman Jennings moved that Council establish April 8, 1974, as the hearing date for this matter and direct Staff to proceed with the advertising of legal conditions involved. The motion was se- conded by Councilman Keiser and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION (1) Councilman McConaghay asked Staff about a sewer line preventative maintenance program to keep sewers throughout the City in proper operating order. Mr. Warden informed him that the City plans to implement an intensive program to begin this summer when the City has extra workers for annual maintenance of all City sewers, and that a schedule now in effect on a more limited scale than would be possible this summer. MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL March 11, 1974 (2) Councilman McConaghay asked what the status of the Centennial Stairway is at this time. Mr. Warden stated that it is in the hands of the Committee organized to raise money for this project. The City will coordinate the building, etc., when the sufficient funds are raised to proceed. D=2 City Attorney Mr. LeSage had nothing to report at this time. D-3 City Administrator (1) Mr. Warden presented the Financial Report for the period July 1, 1973, through February 2.8, 1974, for the consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Report for the period July 1, 1973, through February 28, 1974. The motion was seconded by Councilman Jennings and unanimously carried. (2) Mr. Warden presented the Expenditure Report for the period February 16-28, 1974, for the consideration of Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period February 16-28, 1974. The motion was seconded by Councilman Jennings and unanimously carried. (3) Mr. Warden presented Transfer Voucher No. 3-4-33 in the amount of *$600e00 for tree trimmings which had been accomplished because of hazardous conditions for Council approval. MOTION: Councilman Donohoo moved for the approval of Transfer Voucher No. 3 -33 in the amount of $600.00. The motion was seconded by Councilman Jennings and unanimously carried. (4) Mr. Warden presented Transfer Voucher No. 3-4-34 in the amount of $2005.00 for termite extermination and repairs to termite damage needed at Fire Station No. 1 for the consideration of the Council. MOTION: Councilman Jennings moved for the approval of Transfer Voucher No. 3-4-34 in the amount of $2005.00. The motion was seconded by Councilman Donohoo and unanimously carried. (5) Mr. Warden outlined the events during the recent election regarding the tie vote between candidates Pipitone and Shelton and the error of ten votes subsequently found in favor of Mr. Pipitone. He stated that the machines will remain uncleared for thirty days for public review; there is absolutely no way of tampering with the machines once the precinct board has sealed them. He informed the public that the precinct board which made the error will be going to the County Operational Center at Camp San Luis Obispo on March 12th at 2:00 p.m. to re:canvass the machine involved and certify to the correct results. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 11, 1974 Page Six CORRESPONDENCE 1. Letter from the Morro Bay Merchants Association regarding possible building limitation 2. Letter from Lola J. Taylor regarding space to operate the Nutrition Program for Seniors 3. Letter from Laura L. Bullock regarding a situation on Hemlock. MOTION: Councilman Donohoo 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 Donohoo and unanimously carried. The meeting adjourned at 8:20 p.m. RECORDED BY: M. L. WARDEN City Clerk By .4 vlJ_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, February 25, 1974, at 7:30 p.m., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider restricted parking in the area encompassed by the boundaries of Morro Bay Improvement District No. 6; at which said hearing any person interested may appear and express his views for, against, or in modification of the proposed restricted parking. A copy of said restricted parking map is on file in the Office of the City Clerk, City Hall, 595 Harbor Street, Morro Bay, California, for review by the public. DATED: February 6, 1974 DALE C. MITCHELL, Mayor City of Morro Bay, California By:' '44. L. WARDEN, City Clerk 0 40 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING February 25, 1974 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 11, 1974 HEARINGS, APPEARANCES AND REPORTS A-1 Public hearing on proposed restricted parking - Improve- ment District No. 6 A-2 Public hearing on Open Space the General Plan - continued A-3 Report of City Administrator 960 Shasta Avenue UNFINISHED BUSINESS and Conservation Element of on acquisition of Eddy property - B-1 Incorporation of State mandated changes in Environmental Impact Report Procedures B-2 Resolution ordering the canvass of the General Municipal Election B-3 Resolution of Public Interest and Necessity for Wastewater Reclamation Project B-4 Introduction and first reading of ordinance calling for bond election for Wastewater Reclamation Project NEW BUSINESS C-1 Request of Roandoak of God Christian Commune for use of City property C-2 Resolution approving grant of Use Permit to Kiwanis Club of Morro Bay -Estero for Easter Sunrise Services C-3 Resolution approving grant of Use Permit to Morro Bay Fire Fighters I.A.F.F. Local-1855 for circus INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence i MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 25, 1974 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Mitchell at 7:30 p.m. with the Pledge of Allegiance. Reverend Dudley Johnson from 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 February 11, 1974, 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 Public hearing on proposed restricted parking - Improvement District No. 6 Mayor Mitchell informed the Council that the request for re- stricted parking in the area of Improvement District No. 6 had come from the residents themselves. The present parking situation is creating hazards because of the narrowness of the streets. Mr. Warden presented a map which depicted the areas to be labeled as restricted parking. The parking areas to be restricted are basically on the west side of the streets. Mr. Stuart stated that Staff had discussed this proprosal with the Post Office and they were in agreement with it. Mayor Mitchell declared the hearing open at 7:41 p.m. Mr. Dickson, a resident in the area, stated that he felt the restricted parking on Koa should be on the east side of the street because most of the mail boxes are located on that side. He was concerned that the residents would be asked to relocate their mail boxes to accommodate the post office. Mr. Cooper, another resident in the area, stated that the present parking plan was acceptable to most of the residents. He did feel, however, that a red zone should be painted opposite drive- ways in the area because of the steepness of the slopes. Mr. Presnell, a resident on Koa, stated that he preferred the restricted parking on Koa to be on the east side. The public hearing was closed at 7:47 p.m. There was discussion among Council members regarding the position of the Post Office with regard to this proposal. Mr. Stuart assured the Council that the Post Office concurred with the recommendations MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - February 25, 1974 Page Two set forth and that the worst that could happen would be that the residents would be asked to relocate their mail boxes. They realized the importance of keeping the restricted parking areas uniform. MOTION: Councilman Jennings moved that Staff be directed to prepare the proper ordinance to proceed with the recommendations of the Public Works Department with regard to restricted parking in the area of Improvement District No. 6. Mr. Donohoo requested that Councilman Jennings amend his motion to include that the necessary funds in the amount of $855 be appro- priated from reserve to cover the expenditure necessary to effectuate the restricted parking. Councilman Jennings amended his motion to include the appropriation of funds in the amount of $855 from reserve to cover the expense of the project. The motion was seconded by Councilman Donohoo and unanimously carried. A-2 Public Hearing on Open Space and Conservation Element of the General Plan - continued Mayor Mitchell stated that the Council was in receipt of a letter and proposed Addendum to the Open Space and Conservation Element. These had come from Owen Menard and Associates and incor- porated the suggestions made at the last meeting of the Council. Mr. Warden read the letter and Mr. Smothers presented the Addendum to the Council, and outlined where the changes would be entered into the proposed element. Owen Menard and Associates felt that these additions responded to the concerns noted at the last meeting. Mayor Mitchell opened the public hearing on this matter at 7:59 p.m. and called for presentations from the public. As there were no presentations, the hearing was closed at 7:59 p.m. Mr. Warden presented a draft of a resolution to adopt the proposed element. RESOLUTION NO. 16-74. Resolution accepting recommendation of the City Planning Commission and adopting the Open Space and Conservation Element of the City General Plan Mr. Warden read Resolution No. 16-74 in its entirety. MOTION: Councilman Donohoo asked for the adoption of Resolution No. 16-74. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. A-3 Report of City Administrator on acquisition of Eddy property - 960 Shasta Avenue Mr. Warden informed the Council that he had been in discussions y MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL - February 25, 1974 with Ms. Donna Eddy and Mr. H. Bender with regard to the City's acquisition of their property. They agreed to the sale of the pro- perty on condition of life tenancy for Mr. Bender who is 92 years old. Mr. Warden suggested that Council approve an agreement with these people for this life tenancy. The City would pay the taxes on the property and the Eddy/Bender people would provide the in- surance and maintenance. MOTION: Councilman Donohoo moved that the City Administrator be authorized to continue with the purchase of the property and that the Mayor and City Clerk be authorized to sign the necessary documents to effectuate the purchase. The motion was seconded by Councilman Jennings. Mayor Mitchell was concerned that the life tenancy provision would lower the value of the property. He felt that this should be looked into before the property'is purchased. Mr. LeSage stated that the value would probably not be any lower than 10% due to the age of the tenant. There was further discussion on the matter. The motion was carried with Mayor Mitchell voting "no". UNFINISHED BUSINESS B-1 Incorporation of State mandated changes in Environmental Impact Report Procedures Mayor Mitchell stated that the Council was in receipt of amended procedures from the Planning Director with regard to Environmental Impact Reports. The significant changes,are that Negative Declara- tions shall state the reasons for a conclusion,.public agencies may use a draft EIR from a developer only after giving the draft an independent evaluation; and an EIR on a local general plan may be of a general nature and may be combined with the general plan document. Mr. Warden stated that if Council concurred with the recommended changes by the Planning Director, they direct Staff to prepare the necessary resolution to incorporate these amendments. MOTION: Mayor Mitchell moved that Staff be directed to prepare the necessary resolution to effectuate changes in the EIR procedures. The motion was seconded by Councilman Donohoo and unanimously carried. B-2 RESOLUTION NO. 17-74. Resolution ordering the canvass of the General Municipal Election to be held on the 5th day of March, 1974, to be made by the City Clerk of the City of Morro Bay Mayor Mitchell stated that this resolution would authorize the City Clerk to perform the canvassing of the election. MOTION: Councilman Donohoo moved that Resolution No. 17-74 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. E MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL - February 25, 1974 Mr. Warden read Resolution No. 17-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 17-74. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. B-3 RESOLUTION NO. 18-74. Resolution of Public Interest and Necessity for the Wastewater Reclamation Project Mayor Mitchell stated that this resolution is one of the necessary steps toward placing the question of the wastewater recla- mation project on the ballot for voter decision in June, 1974. Mr. Warden read Resolution No. 18-74 in its entirety. MOTION: Councilman Jennings moved for the adoption of Resolution No. 18-74. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. Mr. Warden stated that he had been informed by the County's golf course architect that the reservoir and park at E1 Chorro Regional Park could co -exist and that the plan for such would be forwarded to the City shortly. The City could then go to Mr. Sylvester of the Bureau of Outdoor Recreation with this plan for approval. B-4 ORDINANCE NO. 122. Ordinance calling for bond election for Wastewater Reclamation Project Mayor Mitchell read the question regarding this project as it will appear on the ballot. MOTION: Councilman Donohoo moved that Ordinance No. 122 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Ordinance No. 122 by title only. MOTION: Councilman Jennings moved that this constitute the first reading of Ordinance No. 122. The motion was seconded by Councilman Donohoo and unanimously carried. NEW BUSINESS C-1 Request of Roandoak of God Christian Commune for use of City property Mayor Mitchell stated that Council was in receipt of a letter from Delmar Ashurst of the Roandoak Commune requesting the use of City property in the Chorro Valley for the purpose of grazing animals and for a children's recreational area. The area involved is approx- imately five acres. Council was also in receipt of Staff's recommend- ations which includes certain conditions should Council decide in favor of the request. Mr. Warden presented these conditions among which were that the E MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL - February 25, 1974 use be formalized through a Use Permit on a year to year basis, some sort of fee be established, a fence be constructed to keep animals out from neighboring lands, etc. Councilman Donohoo suggested that the Council delay decision on this matter until the Board of Supervisors has made a decision with regard to the disposition of the Commune. Mr. Rogoway informed the Council that there is an application for a Conditional Use Permit pending at this time to give the Commune time to relocate to other areas of the County. The date set for Board of Supervisors action is March loth, but he understands that there is going to be a re- quest for a ninety -day extension on this to give them time to pursue the other permits for relocation. Mr. Rogoway explained the zoning and building requirements for the property on which the Commune is situated. Mr. Ashurst stated that no matter what final action is taken by the County, there will still be people at the Commune during the day and the number allowed during the night; so the request for the use of City property is still in order. There was further discussion on this matter with comments from Mrs. Mary Phillips. MOTION: Councilman Jennings moved that this matter be continued to March 25, 1974, for further con- sideration. The motion was seconded by Councilman Donohoo and unanimously carried. C-2 RESOLUTION NO. 19-74. Resolution approving grant of Use Permit o Kiwanis Club of Morro Bay -Estero for Easter Sunrise Services Mayor Mitchell explained that this is the yearly request of the Kiwanis Club for use of the area near Morro Rock to hold Easter Sunrise Services. MOTION: Councilman McConaghay moved that Resolution No. 19-74 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 19-74 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 19-74. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. C-3 RESOLUTION NO. 20-74. Resolution approving grant of Use Permit to Morro Bay Fire Fighters I.A.F.F. Local 1855 for circus Mayor Mitchell stated that the Fire Fighters have requested the use of the City parking lot located on the Embarcadero for the annual circus they sponsor. MOTION: Councilman Donohoo moved that Resolution No. 20-74 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL - February 25, 1974 Mr. Warden read Resolution No. 20-74 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 20-74. 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 McConaghay was concerned about the work being performed on Main Street by the Telephone Company. He wondered whether the City has any way to make them repair the streets in the same way in which they found them. Mr. Stuart stated that he has a list of conditions from the Telephone Company which states that the roads will be returned to the way in which they were found. D=2 City Attorney (1) Mr. LeSage presented a memo to the Council which outlined their obligation in order to comply with the Campaign Disclosure laws. D-3 City Administrator (1) Mr. Warden stated that the Council had previously approved a $700 expenditure to construct bleachers at Keiser Park upon the request of the Parks and Recreation Commission. This action was taken with the understanding that the Jay Cees would provide the labor for the construction. Mr. Warden stated that since that time, prices have gone up and the cost to obtain the materials to construct the bleachers is now $997.55. The Council can either cut back on the size of the bleachers, allow the additional expenditure to come from Reserve, or take the $390 presently in the construction account for Keiser Park and put it toward purchasing the materials for the bleachers. MOTION: Councilman Keiser moved that the funds previously donated for construction at Keiser Park be spent towards purchasing materials for this project. The motion was seconded by Councilman Jennings and unanimously carried. (2) Mr. Warden presented the Expenditure Report for the period February 1-15, 1974, for the consideration of Council. MOTION: Councilman Donohoo moved for the approval of the Expenditure Report for the period February 1-15, 1974. The motion was seconded by Councilman Jennings and unanimously carried. (3) Mr. Warden presented the Financial Statement for the period July 1, 1973, through January 31, 1974, for the consideration of Council. MOTION: Councilman Donohoo moved for the approval of the Financial Statement for the period July 1, 1973, 0 u MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL - February 25, 1974 through January 31, 1974. The motion was seconded by Councilman Jennings and unanimously carried. (4) Mr. Warden presented Transfer Voucher No. 3-4-30 in the amount of $900 to cover the additional cost of renting the Silva wells. MOTION: Councilman Donohoo moved for the approval of Transfer Voucher No. 3-4-30. The motion was seconded by Councilman Jennings and unanimously carried. (5) Mr. Warden requested that Council adjourn to executive session to discuss possible litigation matters. MOTION: Councilman Jennings moved that the meeting adjourn to executive session to discuss possible litigation matters. The motion was seconded by Councilman Donohoo and unanimously carried. The meeting adjourned to executive session at 8:45 p.m. and returned to regular session at 9:16 p.m. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting adjourned at 9:16 p.m. RECORDED BY: M. L. WARDEN City Clerk BY: �(�� Ardith Davis Deputy 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 abatement program may file an appeal with the City Clerk of the City of Morro Bay prior to February 11, 1974. 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 14, 1974 L. WARDEN, City Clerc City of Morro Bay, California J 7 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, February 11, 1974, at 7:30 p.m., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, Cali- fornia, and will consider the vacation of portions of Spencer Drive and Norwich Avenue 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: January 29, 1974 DALE C. MITCHELL, Mayor City of Morro Bay, California By: 'M. L. WARDEN, City Clerk 0 L] CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING February 11, 1974 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 28, 1974 HEARINGS, APPEARANCES AND REPORTS A-1 Public hearing on abandonment of portions of Spencer Drive and Norwich Avenue A-2 Public hearing on weed abatement A-3 Public hearing on Open Space and Conservation Element of the General Plan - continued A-4 Report of City Administrator on methane gas conversion A-5 Appearance of Mr. John Ford from Dial -A -Bus UNFINISHED BUSINESS B-1 Request of Senior Citizens for a bus B-2 Resolution requesting formation of zones for the Nacimiento Water Project B-3 Consideration of purchase of Strom property B-4 Replacement of roof for Kings Avenue one million gallon tank B-5 Ordinance No. 120. An ordinance'amending the Zoning Map of the City of Morro Bay as relates to a portion of Lot 31, Rancho San Bernardo, Bounded by Quintana Road, Morro Bay Boulevard and California State Highway 1 - second reading B-G Ordinance No. 121. An ordinance deleting portions of Section 4103.1 of Chapter I, Title IV of the Morro Bay Municipal Code entitled "Building Regulations NEW BUSINESS C-1 Claim of David Moore regarding damage to private property C-2 Resolution adopting a Budget Calendar - 1974-75 Fiscal Year C-3 Request of Committee to Elect Robert Dunn and Committee to Elect Gene Shelton to use City property for the purpose of conducting an outdoor political rally C-4 Resolution awarding fire and allied perils insurance coverage INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence 6 i MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 11, 1974 7:30 p.m. Morro Bay Recreation Hall The meeting was cal -led to order by Mayor Mitchell at 7:30 p.m. with the Pledge of Allegiance. Reverend Erickson of the Episcopal Church gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None Mayor Mitchell presented a Certificate of Appreciation to Berna W. Horton, Counselor at Morro Bay High School, for her achievements in new counseling techniques as recognized by the Academy of Education and noted in "Who's Who in Education". Mrs. Horton thanked the City for the honor and noted her pleasure in working for Morro Bay High School and with the people in the community. MINUTES The minutes of the regular meeting of January 28, 1974, 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 Public hearing on abandonment of portions of Spencer Drive and Norwich Avenue Mr. Warden informed the Council that a public hearing was not in order on this matter at this time. It has been discovered, subsequent to setting the hearing date for the abandonment, that the street had been previously abandoned in its entirety. What remains to be done now, is the disposal of the property owned by the City and this requires a different legal process. He asked that Council table this matter until the legalities can be worked out. MOTION: Councilman Jennings moved that the matter of the abandonment of Spencer Drive and Norwich Avenue be tabled at this time. The motion was seconded by Councilman Donohoo and unanimously carried. A-2 Public hearing on weed abatement Mayor Mitchell stated that, in accordance with the City's weed abatement ordinance, a hearing must be held at which any person aggrieved by the acts or determinations of the Fire Chief assessing costs for weed abatement may appeal to the City Council. To date, no written appeals had been received by the City Clerk. Mayor Mitchell opened the public hearing at 7:38 p.m. and called for presentations from persons with regard to weed abatement procedures. As there were no presentations, the hearing was closed at 7:38 p.m. r i MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL February 11, 1974 No Council action was necessary. A-3 Public hearing on Open Space and Conservation Element of the General Plan - continued Mayor Mitchell stated that the hearing on this matter had been continued in order to allow additional time for citizen input to the proposed plan. He called on Ron Smothers of Owen Menard and Associates to review any citizen input to the plan. Mr. Smothers stated that a report was received from Mr. Willard McGonagill. It was extensive and in general recommended that a closer look be given to examining the relationship of open space neighborhoods and to consider their development in social terms. Mr. Smothers ex- plained that the social aspects of the study are: --not readily evident in the Open Space and Conservation Element of the General Plan but will be addressed in following elements. He said that because of State deadlines, the Open Space and Conservation Element had been prepared first; although this may not be the logical way in which a General Plan should be developed. He said that the concerns of Mr. McGonagill will be dealt with in the other phases of the General Plan. Mrs. Walling stated that the report had been signed by Mr. McGonagill, but it represented the views of quite a few people. Mayor Mitchell opened the public hearing at 7:43 p.m. and called for presentations with regard to the Open Space and Conservation Element of the General Plan. Mr. McGonagill felt that the Open Space and Conservation Element of the General Plan is, in fact, a master plan governing the other elements. He stated that the proposed plan dealt only with the environ- ment and did not address itself to the community; especially the resident. There was considerable discussion on this matter with Mr. Warden informing the Council that the idea had been formed when the Council decided to hire a consultant to update the General Plan that the up- dating would be a continuing function; it would occur as necessary through the years. Mayor Mitchell closed the hearing at 8:05 p.m. There was discussion regarding clarifications in the Plan to re- cognize its limits and the inadequacies of the other General Plan elements and to provide that the social aspect of the Plan will be covered in subsequent elements. It was decided that Owen Menard and Associates should make the necessary terminology corrections and bring the Plan back to the Council at their next meeting for adoption. Since this is merely a clari- fication, it is not necessary to return the Plan to the Planning Commission for reconsideration. MOTION: Councilman Jennings moved that the consideration of the Open Space and Conservation Element of the General Plan be continued to the next regular meeting of the Council. The motion was seconded by Councilman Keiser and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 11, 1974 Page Three A-4 Report of City Administrator on methane gas conversion Mr. Warden informed the Council of his attempts to find an alter,, nate fuel source in view of the current energy crisis. The City has just been informed that they will have to rely on 76 1/28 of their 1972 monthly allocation of gasoline and diesel fuel. The City has been researching the possibility of converting the methane gas generated by the treatment plant, part of which is used to heat their digesters, to a fuel source for the City's vehicles. He had written to Congressman Talcott's office in an attempt to find out if federal funds would be available for such a study, but has not as yet heard from them. He has also been in discussion with representatives from Cal Poly and they are willing to work on this project (converting methane for vehicular use) if the City will assist in funding the project. Another fuel alternative that has been explored has been the use of natural gas. Under this procedure, the City would be required to purchase a compressor, storage chambers and kits for each vehicle. This would cost approximately $26,000 for the whole City fleet and would pay for itself in about two to two and one-half years, since the cost is about 8C per gallon equivalency of gasoline. With regard to the methane project, Cal Poly has agreed to design a scrubber and compressor for the conversion. This has not been done before, however, Cal Poly is fairly confident that it can be done. They would fit a vehicle with a methane conversion and enter it in the Clean Air Rally for operational testing and determination of emission standards. The cost to the City would be approximately $1250 for the Dual fuel system components, the scrubber and the entrance fee into the Clean. Air Rally. Mr. Warden felt that this would be a good investment, since the City would benefit from the outcome. There was discussion between Council members with Councilman McConaghay suggesting the City investigate any patent rights should the process prove feasible. Mayor Mitchell asked several questions as to the appropriateness of the City participating in such a program. Mr. LeSage stated that the program would be much the same as the City entering into a contract for services. The Mayor also asked why the City need sponsor the entering of a vehicle in the Clean Air Rally. Mr. Warden stated that Cal Poly would not pursue the research on methane unless the City helped subsidize the project, but would submit another vehicle in the Rally which would not involve methane fuel. MOTION: Councilman Donohoo moved that the City participate in the program as outlined by the City Administrator. The motion was seconded by Councilman Jennings and unanimously carried. It was noted that an agreement should be drawn up in this regard to protect the City as well as the Cal Poly people. A-5 Appearance of Mr. John Ford from Dial -A -Bus Mr. Ford presented a program which explained how Dial-AeRide'works in other cities and also explained how the same system, on a smaller scale, might work in the City of Morro Bay. RECESS 9:02 p.m. RECONVENED 9:12 p.m. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 11, 1974 Page Four Mr. Ford continued his discussion on Dial -A -Ride. He stated that the City could use SB 325 funds to finance such a system and supplement it with a 25C charge per person riding the bus. His organization would, at the City's request, study the area and its needs and make a recommendation as to whether such a system would work within the City. The study would take approximately three days at $300.00 per day. Mr. Warden recommended the approval of the study since the City has been talking about various transit systems for some time and now would be a good time to establish a need, if any, for such a system. Comments and questions were heard from Mr. Babcock, Mr. Giannini, Mr. Gaines, and Mr. Shelton. Councilman Keiser asked if a bus purchase by the Senior Citizens now could be worked into a Dial -A -Ride system at a later date. Mr. Ford said this could be accomplished. It was noted that the Dial -A -Ride system might work under contracts with the local taxi cab operator and perhaps he could be the operator of the system. MOTION: Councilman Jennings moved that the City allocate $1,000 for the purpose of studying the feasibility of the Dial -A -Ride system. The motion was seconded by Councilman Donohoo. Further discussion followed. Councilman Jennings amended his motion to read that the Council allocate $1,000 to engage Dave Systems, Inc., to give a report on the feasibility of a Dial -A -Ride system for the City of Morro Bay. The amendment was accepted by Councilman Donohoo and unanimously carried. UNFINISHED BUSINESS B-1 Request of Senior Citizens for a bus Mayor Mitchell stated that Council had previously adopted a motion to provide the Senior Citizens with a bus. Council was now in receipt of a memo from the City Administrator and a draft agreement from the City Attorney with regard to this matter. Mr. Warden informed the Council that upon researching this matter it was determined that the best way to provide the Senior Citizens with a bus is to allocate them the money to purchase it themselves. The Council can do this either by allocating the Seniors $6,000, which has been the figure requested for the bus, or have the Seniors provide the City with the exact cost of the bus, including tax and license, and the City will then issue a check in that amount. Mr. Warden had talked to Mr. FitzRandolph of EOC who had stated that they would provide in- surance, gas and maintenance for the vehicle. Mr. FitzRandolph seemed to feel that even if EOC folded, other agencies would pick up EOC Programs enabling the Seniors to operate their bus. There was considerable discussion on this matter with comments from Mr. Gaines and Mr. Babcock. Councilman Keiser maintained that MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL February 11, 1974 the Council had promised the Seniors a bus and that is what should be done. Mayor Mitchell expressed his concern as to the use planned for the bus. Mr. Babcock explained the planned uses for the bus. Councilman Jennings asked if the Seniors would be willing to give the bus back to the City should the Council implement a Dial -A -Ride System in the City of Morro Bay. Mr. Gaines felt that the bus should be given to the Seniors with no strings attached. MOTION: Councilman Jennings moved that Council direct Staff to incorporate the Acknowledgement and Agreement with the grant of funds to be as provided by Purchase Order by the Senior Citizens and that Staff be directed to allocate the funds for the purchase of the bus in accordance with the Acknowledgement and Agreement. Several suggestions for additions in the proposed agreement were made, such as changing the allocation of the bus from $6,000 to the purchase price of the bus not to exceed $6,000; incorporating a clause that if it was necessary for the Senior Citizens to dispose of the bus, it would revert to the City; and that in addition to the transportation for senior citizens, would be added the clause "...and other needy persons." There was further discussion on this matter. Councilman Jennings withdrew his motion. MOTION: Councilman Keiser moved that the Senior Citizens be given a letter by the City authorizing and guaranteeing the purchase of a bus, that the Senior Citizens provide the City with the actual cost of the bus, including tax and license and that that amount be paid by the City. The motion was seconded by Councilman McConaghay. There was further discussion with Council agreeing to changes in the agreement as outlined above. The motion was unanimously carried. MOTION: Councilman McConaghay moved that the Council adopt the Acknowledgement and Agreement as amended and that the Mayor and City Administrator be authorized to sign it,on behalf of the City. The motion was seconded by Councilman Keiser and unanimously carried. RECESS: 10:22 p.m. RECONVENED 10:34 p.m. B=2 RESOLUTION NO. 12-74. Resolution requesting.the Board of Super- visors to establish a zone of the San Luis Obispo County Flood Control and Water Conservation District for the implementation of the Nacimiento Water Project and requesting the City of 0 E MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL February 11, 1974 Morro Bay be included in said zone. MOTION: Councilman McConaghay moved that Resolution No. 12-74 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. . Mr. Warden read Resolution No. 12-74 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 12-74. The motion was seconded by Councilman Jennings. Mr. Warden reviewed a map with Council which depicted the areas to be contained in the zone. He explained that the formation of the zone would be much the same as that formed for the Lopez Water Project which would mean that the Board of Supervisors would be the governing body and that the cities involved would act in an advisory capacity. It was felt that the Council should express their feelings that the agencies involved have direct representation. The motion was unanimously carried by roll call vote. MOTION: Councilman Jennings moved that Staff direct a letter to the Board of Supervisors expressing the will of the Morro Bay City Council that ways be explored to form a governing body with direct representation from each of the participating agencies. The motion was seconded by Councilman Donohoo and unanimously carried. B-3 Consideration of purchase of Strom property Mayor Mitchell stated that this consideration was for the purchase of property at 948 Shasta Avenue in the amount of $15,000 for inclusion in the City's proposed Civic Center. MOTION: Councilman Donohoo moved that the City Administrator and Mayor be instructed to proceed with the necessary documents to finalize the purchase of the property at 948 Shasta Avenue. The motion was seconded by Councilman Jennings and unanimously carried. B-4 Replacement of roof for Kings Avenue one million gallon tank Mayor Mitchell stated that the Council was in receipt of a memo from the City Administrator which recommended that the proposal of Globe Linings, Inc., in the amount of $24,470 be accepted. He stated that although there had been lower bids on this item, the costs had been based upon a lower life expectancy for the cover. The Globe Linings, Inc., proposal carries a twenty-year warranty with a thirty year life expectancy. MOTION: Councilman Donohoo moved for the acceptance of the proposal of Globe Linings•;Inc, in the amount of $22,970 for the cover plus $1,500 for mis-. cellaneous work for a total of $24,470. The MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 11, 1974 Page Seven motion was seconded by Councilman Jennings and unanimously carried. B-5 ORDINANCE NO. 120. An ordinance amending the Zoning Map of the City of Morro Bay as relates to a portion of Lot 31, Rancho San Bernardo, bounded by Quintana Road, Morro Bay Boulevard and California State Highway 1 - second reading MOTION: Councilman Donohoo moved that Ordinance No. 120 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Ordinance No. 120 by title only. MOTION: Councilman Donohoo moved for the adoption of Ordinance No. 120 and that this con- stitute the second and final reading of said ordinance. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. B-6 ORDINANCE NO. 121. An ordinance deleting portions of Section 4103.1 of Chapter I, Title IV of the Morro Bay Municipal Code entitled "Building Regulations" - second reading MOTION: Councilman Donohoo moved that Ordinance No. 121 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Ordinance No. 121 by title only. MOTION: Councilman Jennings moved for the adoption of Ordinance No. 121 and that this constitute the second and final reading of said ordinance. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. NEW BUSINESS C-1 Claim of David Moore regarding damage to private property Mayor Mitchell stated that Mr. Moore is claiming total loss to his vehicle which was located at 537 Estero Avenue when a tree limb fell on it. The City's insurance company has recommended that the Council deny the claim and turn the matter over to them for processing. MOTION: Councilman McConaghay moved that the claim of David Moore for damages be denied. The motion was seconded by Councilman Jennings and un- animously carried. C-2 RESOLUTION NO. 13-74. Resolution adopting a Budget Calendar - 1974-75 Fiscal Year Mayor Mitchell stated that the Budget Calendar scheduled Council meeting when various portions of the budget would be discussed. He listed the dates and the items to be discussed. MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL February 11, 1974 MOTION: Councilman Donohoo moved that Resolution No. 13-74 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 13-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 13-74. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. C-3 RESOLUTION NO. 14-74. Resolution approving grant of Use Permit Agreement to the Committee to Elect Robert Dunn and the Committee to Elect Gene Shelton Mayor Mitchell stated that the committees involved have requested the use of Coleman Drive Park for the purpose of conducting an outdoor political rally on February 16, 1974. They had originally requested Council approval to sell beer on the premises but had withdrawn that request. MOTION: Councilman Donohoo moved that Resolution No. 14-74 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 14-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 14-74. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. C=4 RESOLUTION NO. 15-74. Resolution awarding fire and allied perils insurance coverage Mayor Mitchell reviewed the bids received for fire insurance for the Council. The low bid was received from Morro Bay Insurance Center in the amount of $4,627 for the annual premium. MOTION: Councilman Jennings moved that Resolution No. 15-74 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Resolution No. 15-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 15-74. The motion was seconded by Councilman McConaghay and unanimously carried by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Keiser presented a report from Jeanette Duncan, EOC Senior Citizens coordinator, regarding the Senior's Health 0 MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL February 11, 1974 Clinic which was held on January 25, 1974. She stated that the County Health Department is sponsoring this as a pilot project to see if it is a needed service and if it is feasible. Ninety seniors were seen by the nurses on duty at the Clinic and thirty were turned away to be re- scheduled for a clinic to be held in March. She gave figures on the state of the persons' health who were examined. Councilman Keiser asked that a letter be directed to Dr. Kusumoto of the Health Department approving the implementation of this type of service on a regular basis. Dr. Kusumoto could then go to the Board of Supervisors for their approval. Council concurred with this recommendation and Staff was directed to prepare the letter. (2) Councilman McConaghay asked about the work being done in North Morro Bay by the Telephone Company. Mr. Warden informed him that they are installing underground cable for new services in the area. There are no plans presently for the existing poles to come down. It was noted there had been some incorrect information regarding Morro Bay's undergrounding project in a newspaper. 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 that the City place stakes along the route the proposed Embarcadero Extension will be placed. He said that the alignment would not be exact since surveyors would have to be involved, but that a fairly accurate route could be established. He felt it was a worthwhile project; Council concurred. (2) Mr. Warden stated that he would like to change City Hall's Office hours on Thursday from 9:00 to 6:00 back to 8:00 to 5:00. He stated that there had not been significant public response to this convenience during the year it had been in effect, so he felt that it was in order to go back to regular hours. (3) Mr. Warden requested Council to appoint a committee to screen the applicants for Fire Chief. He stated that the number of applications received is in the order of 35-40. Mayor Mitchell appointed Councilmen Donohoo and Jennings to screen the applications and February 22 at 10:00 a.m. was set for the screening. Councilman Donohoo suggested that the actual interviewing of qualified applicants be held after the election so that the new Council could have an opportunity to choose the new Fire Chief. Council members concurred in this recommendation. (4) Mr. Warden reviewed a chart for the Council which depicted the organizational structure of the County's proposed Environmental Task Force review process. (5) Mr. Warden informed the Council that they have been invited MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 11, 1974 Page Ten by the Pismo Beach Chamber of Commerce to participate in their annual Clam Festival Parade on February 23, 1974. He requested Council members to contact him if they wish to participate and he will make the necessary arrangements. (6) Mr. Warden informed the Council of negotiations with the Silva's regarding the Romero well which the City leases from them. The current lease has expired and a new one has been drawn up setting forth a $150 per month fee to be paid to the Silva's. Mr. Warden asked Council approval of this lease. MOTION: Councilman Donohoo moved for the approval of the agreement between the City of Morro Bay and Mrs. Silva including the payment of $150 per month. The motion was seconded by Councilman Jennings and unanimously carried. (7) Mr. Warden reported that the City will soon be in receipt of an architectural drawing from the County Engineer which will specify how the County can accommodate reservoirs on their proposed park. These will then be forwarded to the proper agencies so that the City's wastewater reclamation project can proceed. (8) Mr. Warden stated that Stone & Youngberg, financial consultants, had recommended Orrick, Harrington, Rowley and Sutcliffe of San Francisco as bond counsel for the City's wastewater reclamation project. Mr. Warden requested that Council approve this firm as bond counsel to assist the City in setting this matter up for the June, 1974, election. They charge $750 initially and a percentage if the bond passes. MOTION: Councilman Jennings moved that Staff be authorized to hire the firm of Orrick, Harrington, Rowley and Sutcliffe according to the fee arrangement as out- lined by Mr. Warden. The motion was seconded by Councilman Donohoo and unanimously carried. (9) Mr. Warden presented Transfer Voucher No. 3-4-29 in the amount of $400 for payment of trips unbudgeted and unan- ticipated with regard to the wastewater reclamation project. MOTION: Councilman Jennings moved for the approval of Transfer Voucher No. 3-4-29 in the amount of $400. The motion was seconded by Councilman Keiser and unanimously carried. (10) Mr. Warden presented the Expenditure Report for the period January 16 through 31, 1974, for the consideration of Council. MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period January 16-31, 1974. The motion was seconded by Councilman Donohoo and unanimously carried. CORRESPONDENCE 1. Letter from the Environmental Coalition of Orange County, Inc. requesting the City not to endorse the San Onofre nuclear power plant. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 11, 1974 Page Eleven MOTION: Councilman McConaghay moved that the corres- pondence 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 11:17 p.m. n RECORDED BY: M. L. WARDEN City Clerk 9z Ardith Davis Deputy City Clerk • i NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, January 28, 1974, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the proposed rezoning on a Portion of Lot 31, Rancho San Bernardo, described as property bounded by Quintana Road, Morro Bay Boulevard and California State Highway 1, from C-l-N to C-2-S-8; at which said hearing any person inter- ested may appear and express his views for, against or in modification of said proposed rezoning. DATED: January 15, 1974 X, M. L. WARDEN, City Clerk City of Morro Bay, California 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, January 28, 1974, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the adoption of the Open Space and Conservation Element to the Comprehensive General Plan of the City of Morro Bay, at which said hearing any person interested may appear and express his views for, against, or in modification of said element. DATED: January 15, 1974 DALE C. MITCHELL, Mayor City of Morro Bay, California By:t ��v �l�f L. WARDEN, City Clerk 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING January 28, 1974 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 28; 1974 2. Minutes of the executive meeting of January 28, 1974 HEARINGS, APPEARANCES AND REPORTS A-1 Public hearing regarding rezoning a portion of Quintana Road A-2 Public hearing on Open Space and Conservation Element of the General Plan A-3 Continued consideration of Water Committee report concerning building controls UNFINISHED BUSINESS B-1 Ordinance No. 119. Ordinance creating Chapter IV to Title IX of the Morro Bay Municipal Code adopting a Harbor Ordinance - second reading B-2 Resolution approving low bid for an electronic accounting system ' NEW BUSINESS C-1 Request of Morro Bay Taxi to increase rates C-2 Proposed restricted parking - Improvement District No. 6 C-3 Request of Antone Sylvester Tug Service, Inc. to lease City Tidelands property C-4 Resolution amending Resolution No. 48-73 to delete reference to the South Bay Fire Department - Mutual Fire Protection Aid C-5 Resolution identifying the building permit system and review procedure with regard to Federal Flood Insurance Program C-6 Ordinance deleting portions of Section 4103.1 of Chapter I, Title IV of the Morro Bay Municipal Code entitled "Building Regulations" C-7 Consideration of agreement between Morro Development Company and City of Morro Bay clarifying status of Coleman Drive 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 28, 1974 7:30 p.m. Morro Bay Recreation Hall The meeting was' called to order by Mayor Mitchell at 7:30 p.m. with the 'Pledge of Allegiance.Reverend Van Eakes of the United Presbyterian Church'gave the invocation. Mayor Mitchell presented Donald H. Brown with a Certificate of Appreciation for his four-year.,term expiring December 31, 1973, on the Planning Commission. Mr: Brown was thanked.for the podium which he had made'and presented to the City to be used at their official meetings. Mr. Brown thanked the 'City for the opportunity to serve.. the community. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None MINUTES The minutes of the regular and executive meetings of January 14, 1974, 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 Public hearing regarding rezoning a portion of Quintana Road Mayor Mitchell asked Mr. Rogoway to present the Planning Com- mission's determinations regarding the rezoning. Mr. Rogoway stated that the proposed rezoning would change several lots from C-1-N which allows retail neighborhood businesses, to C-2-S-8 which expands on these uses. The Planning Commission had determined that the uses proposed for the rezoned area would be compatible with existing uses. Mayor Mitchell opened the public hearing at 7:40 p.m. and called for presentations with regard to the proposed rezoning. As there were no presentations, the hearing was closed at 7:40 p.m. Mayor Mitchell stated that the Council had a proposed ordinance to establish the rezoning before them this evening and could consider it at this time. ORDINANCE NO. 120. An ordinance amending the zoning map of the City of Morro Bay as relates to a portion of Lot 31, Rancho San Bernardo, bounded by Quintana Road, Morro Bay Boulevard, and California State Highway 1. MOTION: Councilman Jennings moved that Ordinance No. 120 be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Warden read Ordinance No. 120 by title only. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 28, 1974 Page Two MOTION: Councilman Donohoomoved that this constitute the first reading of Ordinance No. 120: The motion was seconded by Councilman Keiset and unanimously carried. A-2 Public Hearing on Open Space and Conservation Element of the General Plan Mayor Mitchell stated that the Preliminary Draft of the Open Space and Conservation Element of the 'General Plan had been submitted to the City Council and was being considered this evening for adoption. The Planning Commission had previously considered this element and had recommended approval. Mayor Mitchell called upon Ron Smothers of Owen Menard and Associates to present this preliminary draft to the Council. Mr. Smothers explained that the Open Space and Conservation Element is required by the State of the Counties and Cities to in- clude in their General Plans. Owen Menard and Associates had pre- pared this element in the process of updating the entire General Plan of the City of Morro Bay. He stated that they had considered, in their preparation of this plan, the City's topography, rainfall, geology, hydrology, oceanography, etc. They had used these consider- ations in evaluating the community as relates to the environment. Mr. Smothers outlined their recommendations for conservation and open space policies. Mayor Mitchell declared the hearing open at 8:10 p.m. and called for presentations regarding the Open Space and Conservation Element of the General Plan. Mary Phillips asked questions regarding the land slide areas. Willard McGonagill asked if there would be public input allowed other than at this evening's meeting; he had a written submission re- garding this element he wished to be considered. Mayor Mitchell stated that the hearing could be continued until the next regular meeting of the Council if the public so wished. Mr. Greenelsh, Planning Commissioner, felt that the plan should be referred back to the Planning Commission if any additions or alterations were made. Dan Stack asked if undergrounding utilities is a part of the proposed plan. Mr. Smothers stated that undergrounding plans are in- cluded in the report. As there were no further comments, Mayor Mitchell closed the hearing at 8:20 p.m. MOTION: Councilman Jennings moved that the Open Space and Conservation Element of the General Plan be'referred back to the consultants for consideration if public...input and that the consultants bring the''matter back to the Planning Commission and/or City Council as.they' feel nec- essary. The motion was seconded by Councilman Donohoo and unanimously carried. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL - - January 28, 1974 A-3 Continued consideration of Water Committee .report concerning building controls Mayor Mitchell said that the City Council had, in October of 1973, discussed whether or not a building limitation should be implemented in the City in order to conserve water resources. Research by Carollo Engineers hired to study the City's water situation lead them to recommend the implementation of a building restriction until the proposed wastewater treatment project is on the line. When this matter was considered at. the October meeting, the majority of the Council felt that a building restriction was not necessary at that time. They had, however, established a committee to continue consideration of the problems and to keep the Council advised. This matter was to have been brought back to the City Council by no later than March, 1974, however, the Committee and Staff were directed to keep a close watch on the situation and bring it back sooner if necessary. The Committee had, since that time, reviewed the matter and felt that action needed to be taken earlier than March, 1974. Mayor Mitchell asked Mr. Warden to review his report regarding the current water situation in Morro Bay and how a building restriction would alleviate this situation. Mr. Warden explained the proposed water equivalency scheme and the ways of apportioning out these equivalencies in an equitable manner. Mr. Warden also reviewed the chart depicting the City's historic rainfall, water and static levels, water production, and water services. since 1965. It had been estimated by Carollo Engineers that the City could stand no more than 216 water equivalencies between the time of the report, October 1973, and 1975 when the .wastewater treatment project is expected to be on the line. This would allow 108 water equivalen- cies per year. Since October, the City has issued 76 of these water equivalencies; more than half.of the Carollo, estimated allowance for a one year period. This is the reason the ;matter is being brought back to Council for action. It was felt that more than one year's alloca- tions would be used up long before the year is out. If Carollo Engineers' projections are accurate, something needs to be done in order to avoid potential drastic measures. The Committee felt that action taken now would avoid a full scale moritorium in the future. Questions and comments were heard from Monte Minugh, Chet Weaver, and Bob Torrey. It was acknowledged that there are many "ifs" in the projections, and that the "ifs" could go either way. Another "if" is whether or not the wastewater treatment plant will be on the line by 1975, thus alleviating the City's water problem considerably. There is always the possibility of a hold up. RECESS: 8:50 p.m. RECONVENED: 9:01 P.M. There was discussion with 'regard to the issue to be decided on at this evening's meeting and Mayor Mitchell called for presentation from citizens wishing to comment on the 'matter of whether or not a building restriction should be "imposed. The'following people commented in opposition to a building L7 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL- - January 28, 1974 limitation: Jim Froggat, William Elkins, Howard Gaines, Val Cluff, Dick Farris, Vern Correll, Jerry Red, Steve Myrick, Ernie -Reamer, Harry Gronbeck, Monte Minugh, John Kleinliammer, Dan Stack, Dale Troxler, Morris Womack, Chet Weaver, Dick Dennison, and Bob Torrey. These people basically felt that the City would be discriminating against the building industry if the 'Council imposed a building re- striction. The water situation is a community problem and the solving of this problem should be shared by.the community. Comments in favor of a building restriction were heard from Joseph Giannini, Carl Ansberry, Eugene Shelton and Willard McGonagill. Various comments were heard from Mrs. Frances, Dan Cooper and Mary Phillips. There was discussion regarding a committee of-.contractors*.being formed to determine an equitable implementation of a building re- striction. Mayor Mitchell stated that he was in favor of a building re- striction at this time, based upon the engineers' assessments that the City has a problem and if the problem is to be solved, it would reasonably have to be where it initiates - at the construction of a building. He said that if this is discriminating against a certain industry, then it is constitutionally valid if there is a good reason for it. Councilman Jennings also felt that a building restriction must be enacted. He stated that although the water situation does not seem a problem at this time, it may be very serious in a year or two and the community could then face a total moritorium. It is this thought that prompts him to favor a building restriction at this time. Councilman McConaghay said that he is not in favor of a building restriction now; it would effect the livelihood of too many people. Councilman Donohoo stated that his feelings on this matter are the same as they were the last time the Council considered this matter; he is not in favor of a building restriction. Councilman Keiser stated that she also opposed a building re- striction. She felt that the contractors were well aware of this problem now, and are willing to work to solve it. An attempt should be made to come to an equitable scheme before a building restriction is imposed. MOTION: Councilman Donohoo moved that a limitation on building permits not be imposed at this time. The motion was seconded by Councilman McConaghay and carried on the following roll call vote: Ayes, Councilmen Donohoo, Keiser., and McConaghay Noes, Councilman Jennings and Mayor Mitchell. MOTION: Councilman Keiser moved that a committee be formed to work out some method with which 'citizens in this City can live. Councilman McConaghay stated that he would second the motion if Councilman Keiser included a sense of urgency in it. MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL - January 28, 1974 Councilman Keiser amended her motion to in- clude that this matter be taken care of as soon as possible.The motion was seconded by Councilman McConaghay. There 'was further discussion with regard to the motion and its intent. Councilman Keiser withdrew her motion and Councilman McConaghay his second. MOTION: Councilman Keiser moved that a committee be formed by the Mayor to include numerous segments of the City, i.e., building con- tractors, Chamber of Commerce, business people and citizens; to meet and work out some method with which the citizens could live and which would include some type of building restriction and thereby conserve water; also, that this committee report back to the Council by March 28, 1974, and that Mayor Mitchell designate the chairman of this committee. The motion was seconded by Councilman McConaghay and unanimously carried. RECESS: 10:56 p.m. UNFINISHED BUSINESS RECONVENED: 11:07 p.m. B-1 ORDINANCE NO. 119. Ordinance creating Chapter IV to Title of the Morro Bay Municipal Code adopting a Harbor Ordinance second reading MOTION: Councilman Jennings moved that the reading of Ordinance No. 119 in its entirety be waived and that it be read by title only. The motion was seconded by Councilman McConaghay and unanimously carried. Mr. Warden read Ordinance No. 119 by title only. MOTION: Councilman Jennings moved that this constitute the second and final reading of Ordinance No. 119. The motion was seconded by Councilman McConaghay and unanimously carried. MOTION: Councilman Donohoo moved for the adoption of Ordinance No. 119. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. WA Mr. Warden stated that it was now in order to prepare the rules and regulations 'as mandated in Ordinance No. 119. Mayor Mitchell suggested that the matter be referred to the'Harbor Ordinance Committee for study. MOTION: Councilman Jennings moved that Ordinance No. 119 be referred to the 'Harbor Ordinance Committee for the 'purpose of drafting rules and regulations. 0 MINUTES - MORRO BAY CITY COUNCIL Regular.Meeting - January 28, 1974 Page Six The motion was seconded by Councilman Keiser and unanimously carried. B-2 RESOLUTION NO.' 9-74. Resolution approving low bid for an electronic accounting system Mayor Mitchell stated that the 'City had received bids for an ellectronic accounting system from IBM in the 'amount of $72,850.00; from Burroughs Corporation'in the amount of $38,122.52; and from NCR in the'amount of $38,225.38. Data processing experts have evaluated the proposals and assured the City that the'one submitted by Burroughs Corporation, which is the low bid, is compatible with the City's needs. MOTION: Councilman Donohoo moved that Resolution No. 9-74 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 9-74 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 9-74. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. NEW BUSINESS C-1 Request of Morro Bay Taxi to increase rates Mayor Mitchell stated that Council was in receipt of a letter from Mr. and Mrs. Frank Abruscato requesting an increase in rates for taxi services. This increase would amount to $2.25 from $1.80 per two mile fare. Staff had informed the Council that San Luis Obispo Taxi receives $1.70 per two mile fare and is requesting $2.25. It was indicated that the request is a reasonable one. It was noted that Council could either establish new rates or set a public hearing for this matter. MOTION: Councilman Jennings moved that Council approve the request of Morro Bay Taxi to increase their rates. The motion was seconded by Councilman Donohoo and unanimously carried. Councilman Jennings brought up the subject of the subsidizing of the Taxi Company for possible senior citizen use. There was some discussion on this matter and Mr. Warden stated that he had discussed a transportation system with a representative from Dial -A -Bus which would include services to the whole City. 'Council members had pre- viously received some information on this system and Mr. Warden asked if they were interested in.inviting a representative to the next Council meeting to inform them on this matter. Council members were in concurrence with'this suggestion. Councilman Keiser informed 'the 'Council that the 'Senior Citizens were upset because bids had not been let on the bus promised to them at the last regular meeting of the'Council. Mr. Warden informed her that Staff had been researching the 'legal ramifications of this purchase MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL - January 28, 1974 as this was also a part of the motion directing that the Senior Citizens be provided with a bus. Mr. LeSage reported that the Economic Opportunity Commission did not wish'to be either legal or registered owner of the vehicle. This would present a problem for the Seniors as far as insurance is concerned. C=2 Proposed restricted parking - Improvement District No. 6 Mayor Mitchell stated that residents in the area of Improvement District No. 6 had requested that one -side parking be established on some of the streets to relieve the congestion in the area. The City Engineer has prepared a map which shows the streets proposed to be established as "no parking" areas. Mr. Warden suggested that Council set this matter for a public hearing. MOTION: Councilman Jennings moved that this matter be scheduled for a public hearing and that February 25, 1974, be set as the hearing date. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Dan Cooper suggested that the City Engineer also look into the possibility of painting the burms opposite driveways in the area a florescent color. The driveways are very steep and the paint would help residents to see better when leaving their driveways. One gentleman complimented Mr. Dowell on his work in bringing this matter before the Council. C-3 Request of Antone Sylvester Tug Service, Inc. to lease City Tidelands property Council was in receipt of a request from Antone Sylvester Tug Service, Inc. to lease the street end of South Street and the Pipkin lease site on the Embarcadero. It was noted that Council has pre- viously taken a stand against leasing street ends; they wished to maintain this stand. Mr. Warden recommended that Council refer the matter of the Pipkin lease site to the Planning Commission for their study in de- termining the best utilization for the Pipkin site and make recommend- ations back to Council. MOTION: Councilman Jennings moved that the request of Antone Sylvester Tug Service, Inc. be referred to the Planning Commission for their consideration and recommendations. The motion was seconded by Councilman Keiser and unanimously carried. C-4 RESOLUTION NO. '10-74. Resolution amending Resolution No. 48-73 to delete reference to the South Bay Fire Department - Mutual Fire Protection Aid Mayor Mitchell explained that the South Bay Fire Department is now operated by the County of San Luis Obispo on behalf of County Service Area 9 and this resolution corrects the reference to South Bay Fire Department. MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL' - January 28, 1974 MOTION: Councilman McConaghay moved that No. 10-74 be'redd by title only. was seconded by Councilman Keiser unanimously carried. Resolution The motion and Mr. Warden read Resolution No. 10-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. lb-74. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote.' C=5 RESOLUTION::NO. 11-74. Resolution identifying the building permit system and review procedure with regard to Federal Flood Insurance Program Mayor Mitchell explained that this resolution and the following ordinance were being enacted to comply with requirements for the Federal Flood Insurance Program for which the City is applying. MOTION: Councilman Donohoo moved that Resolution No. 11-74 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 11-74 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 11-74. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. C-6 ORDINANCE NO. 121. Ordinance of Chapter I, Title IV of the "Building Regulations" deleting portions of Section 4103.1 Morro Bay Municipal Code entitled Mayor Mitchell stated that this ordinance deletes reference to an exception for building permits for agricultural;buildings, since this -type of building is required to have a building permit according to the Uniform Building Code. MOTION: Councilman Donohoo moved that Ordinance No. 121 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Ordinance No. 121 by title only. ON: Councilman Donohoo moved that this constitute the first reading of Ordinance No. 121. The motion was seconded by Councilman Jennings and unanimously carried. C-7 Consideration of agreement between Morro Development Company and City of Morro Bay clarifying status of Coleman Drive. Mayor Mitchell stated that this acknowledgement had been drawn to clarify a deed with regard to Coleman Drive. This will mean that the 0 MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL - January 28, 1974 measure to be voted on at the March 5th election, if passed will not involve any legal complications with regard to a possible abandonment of Coleman Drive.Mr. LeSage assured that this document clears the matter up entirely. Councilman Keiser requested that this acknowledgement be read in its entirety; Mr. Warden complied. MOTION: Councilman Jennings moved that the Council acknowledge this document. Discussion followed this motion. Councilman Jennings withdrew his motion. MOTION: Councilman Donohoo moved that the Mayor and City Clerk be authorized to execute this acknowledgement. The motion was seconded by Councilman Jennings and unanimously carried. It was noted that the acknowledgement had already been signed by the property owners involved. INDIVIDUAL DETERMINATION'AND/OR ACTION D=1 City Council (1) Councilman Keiser stated that Mrs. Horton, Dean at Morro Bay High School, had just been named in "Who's Who in Education". She suggested that the Council show special recognition to Mrs. Horton for this honor. MOTION: Councilman Keiser moved that a Certificate of Appreciation be prepared for Mrs. Horton. The motion was seconded by Mayor Mitchell and unanimously carried. D=2 City Attorney Mr. LeSage had nothing to report at this time. D-3 City Administrator (1) Mr. Warden stated that the consultant for the Environmental Task Force will be at the Huntington at 7:30 p.m. on Thursday, January 31, 1974, and at 9:00 a.m. on Friday, February 1, 1974, for questioning. (2) Mr. Warden stated that on January 4, 1974, an accident occurred at the south end of the "T" Pier damaging six pilings beyond repair. As this matter is now in the hands of the insurance company and the 'City will probably be reimbursed for the damage by the responsible party, it is recommended that the Council approve proceeding with'the repairs immediately as an emergency measure.' MOTION: Councilman Donohoo' moved that Staff be authorized to proceed with the replacement of the damaged "T" MINUTES - MORRO Regular Meeting Page Ten BAY CITY COUNCIL - January 28, 1974 Pier pilings as 'an emergency measure. ..Thd motion was seconded by Councilman Jennings and unanimously carried. MOTION: Councilman Jennings moved that Council authorize the transfer of funds for this purpose in the amount of $4200-00. The motion was seconded by Councilman Donohoo and unanimously carried. (3) With regard to the replacement of the damaged water tank cover, Mr. Warden requested the Council authorize the expenditure without going to bid. This can be done if the Council, by a 4/5 vote, declares that an emergency situation exists. MOTION: Councilman Donohoo moved that Staff be authorized to proceed, on an emergency basis, with the replacement of the cover on the water tank. The motion was seconded by Councilman Jennings and unanimously carried. (4) Mr. Warden presented the Financial Report for the period July 1, 1973, through December 31, 1973, forthe consideration of the Council. MOTION: Councilman Donohoo moved for the approval of the Financial Report for the period July 1, 1973, through December 31, 1973. The motion was seconded by Councilman Jennings and unanimously carried. (5) Mr. Warden presented the Expenditure Report for the Council. period January 1-15, 1974, for the consideration of the MOTION: Councilman McConaghay moved for the approval of the Expenditure Report for the period January 1-15, 1974. The motion was seconded by Councilman Donohoo and unanimously carried. (6) Mr. Warden informed the Council that the next quarterly meeting of the Channel Counties Division of the League of California Cities is to be held on February 15, 1974, in Thousand Oaks. He asked which Council members planned to attend. Councilmen Donohoo and Keiser and Mayor Mitchell indicated that they would attend; Councilmen Jennings and McConaghay stated that they would let Staff know. CORRESPONDENCE 1. Letter from P.G. & E. regarding undergrounding of utilities MOTION: Councilman McConaghay 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 0 0 MINUTES - MORRO Regular Meeting Page Eleven BAY CITY COUNCIL - January 28, 1974 Councilman Jennings and unanimously carried. The meeting adjourned at 12:03 p'.m. RECORDED BY: M. L. WARDEN City Clerk Ardith 'Davis Deputy City Clerk 9 0 PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the regular meeting of the Morro Bay City Council scheduled for December 24, 1973, has been cancelled by minute order action of the Council. The next regular meeting of the City Council will be held on January 14, 1973, in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California. DATED: November 21, 1973 DALE C. MITCHELL, Mayor City of Morro Bay, California B y :'- By. M. L.. WARDEN, City Clerk 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING January 14, 1974 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MTNUTES 1. Minutes of the special meeting of December 6, 1973 2. Minutes of the executive meeting of December 6, 1973 3. Minutes of the regular meeting of December 10, 1973 4. Minutes of the adjourned regular meeting of December 15, 1973 5. Minutes of the executive meeting of December 15, 1973 HEARINGS, APPEARANCES AND REPORTS A-1 Appearance of representatives release of $25,000 cash bond A-2 Hearing on vehicle abatement A-3 Report from City Administrator A-4 Report of Water Committee of Powers -Wells, Inc on Welch property requesting UNFINISHED BUSINESS B-1 Ordinance creating Chapter IV to Title IX of the Morro Bay Municipal Code adopting a Harbor Ordinance - first reading B-2 Resolution accepting work and giving notice of completion for application of bituminous seal coat on various city streets - S. S. Project No. 54 B-3 Resolution accepting work and giving notice of completion for trickling filter modifications NEW BUSINESS C-1 Resolution approving grant of Use Permit Agreement to Morro Bay Art Association C-2 Request of Morro Bay Senior Citizens for City purchase of a Club Wagon C-3 Consideration of Planning Commission resolution recommending rezoning a portion of Quintana Road from C-1-N to C-2 C-4 Consideration of the Conservation and Open Space Element of the General Plan C-5 Consideration of revetment repair project C-6 Resolution of intention to abandon portions of certain city streets and setting date for hearing - Portions of Spencer Drive and Norwich Avenue C-7 Awarding of contract for construction and installation of Police Station remodeling improvements C-8 Resolution and recommendation regarding annual purchase of chlorine C-9 Consideration of resolution supporting AB 594 and any other similar legislation relating to beverage containers C-10 Resolution of intention to purchase tax deeded property and agreement to purchase 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 14, 1974 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 Davies, retired Methodist minister, gave the invocation. ROLL CALL PRESENT: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell ABSENT: None Mayor Mitchell introduced the new Planning Director, James E. Nuzum, and briefly outlined his educational and experience background. MINUTES The minutes of the special and executive meeting of December 6, 1973, the regular meeting of December 10, 1973, and the ad- journed regular and executive meeting of December 15, 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 Appearance of representatives of Powers -Wells, Inc. re- questing release of $25,000 cash bond Mayor Mitchell stated that this matter concerns the property located at the corner of Quintana Road and Morro Bay Boulevard. The development of that property so far consists of a Mobil Station and a Hobo Joe's restaurant. The developer is requesting the release of his $25,000 cash bond since the project is nearly two- thirds completed and the retention of the bond is creating a hard- ship on the developer. Mr. Anthony E. Wells was present and spoke on behalf of his request. He stated that he has attempted to develop interest in this property by such users as a liquor store, a Speedy 7-Eleven, a laundromat or a dry cleaning establishment; however, because of the economic environment in the City of Morro Bay at this time, he has been unable to do so. Mr. Rogoway asked Mr. Wells if he intended to develop.,the property in accordance with the agreement. Mr. Wells stated that they do intend to develop the property in accordance with the agree-` ment. Mr. George Martin, attorney representing Powers -Wells, Inc., informed the Council that American National Bank, the bank which lent the $25,000 to Mr. Wells, has called that loan and demands payment. If the Council decides that the'$25,000 deposit cannot be released, Mr. Wells will have to come up with the money and this will cause a great hardship on)'h'im. It was noted that Powers -Wells, LJ MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL - January 14, 1974 Inc., is under the name of Anthony E. Wells only at this time. He stated that his clients have added considerably to the tax base in Morro Bay and feel that they have developed the property to such an extent that there are no liquidated damages to the City of Morro Bay. Councilman Keiser asked if the City would still have a hold on the property should the Council release the $25,000 bond. It was noted that there is a reversion clause in the agreement which would revert the property to the City should the developers fail to comply with the terms of the contract. Mayor Mitchell felt that the Council should agree to release the bond. The reason for requiring the $25,000 bond was to insure that the developers provide more facilities than just a gas station. With the addition of the restaurant, he felt the development of that particular corner, which is at the entrance to the City, is assured. MOTION: Councilman Jennings moved that the $25,000 cash bond deposited by Powers -Wells, Inc., be returned to them. The motion was seconded by Councilman Keiser. Mr. LeSage suggested that the motion include the provision that all conditions of the agreement remain in effect. Mr. Martin discussed the reversion clause of the agreement which he felt could become a problem at a later date should the developers fail to comply with the contract. Mr. LeSage stated that the purpose of the reversion clause was to give the City enough funds to finish the project should Powers -Wells fail to do so, not to penalize the developer. MOTION: Councilman Jennings amended his motion to include the condition that the release of the $25,000 cash bond is made with the understanding that the balance of the contract remains in full force and effect and that Powers -Wells, Inc. intends to proceed with the development of the property. The amendment was accepted by Councilman Keiser and unanimously carried. A-2 Hearing on vehicle abatement Mayor Mitchell stated that there are three vehicles scheduled for hearing at this evening's meeting; a 1954 Plymouth, a 1963 Pontiac and a 1963 Ford. He noted their locations, the property owners and the registered owners of the vehicles. Mayor Mitchell opened the hearing at 8:00 p.m. and called for sentations with regard to these vehicles. As there were none, the hearing was closed at 8:01 p.m. MOTION: Councilman Donohoo moved that Staff be directed to dispose of the vehicles in accordance with the provision of the ordinance. The motion was seconded by Councilman Jennings and unanimously carried. 6 46 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL - January 14, 1974 A-3 Report from City Administrator on Welch property Mr. Warden stated that he had completed negotiations with Mrs. Welch, owner of the property directly behind City Hall. The appraised price of the property is $30,000 and Mrs. Welch has agreed to sell at that price. Mr. Warden requested Council approval of the purchase of this property. MOTION: Councilman Donohoo moved that the City Administrator be instructed to proceed with the purchase of the Welch property and that the Mayor and City Clerk be authorized to accept the deed to the property. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Warden stated that he had received word from the owners of the Strom property on Shasta across from City Hall that they were agreeable to sell at the appraised price of $15,000. As Council had no objections, Mr. Warden was directed to proceed with the negotiations for the purchase of this property. A-4 Report of Water Committee Mayor Mitchell asked Councilman Jennings to report on this Committee. Councilman Jennings stated that the Committee had met twice since the Council had appointed them and had discussed the equivalency sheme for controlling new water demands on the water system. The purpose of the Committee was to establish a scheme whereby building permits could be issued in terms of water equiv- alencies in an equitable manner to conserve water resources. The Committee felt that the Planning Commission should be the body to determine the allocation of water equivalency permits since they are the ones who normally have a full review of building proposals. A two month building moritorium was discussed by the Committee to allow time to work out the implementation of the equivalency plan. Mr. Warden stated that the Planning Commission could establish in each ninety day period, the number of equivalencies to be issued during any given period. This could be done by referring to historic data relating to building permits and water usages. The Committee discussed the possibility of requiring submission of an E.I.R. by developers so that the Planning Commission could evaluate water usage and could review the possibility of using water saving devices or determining landscaping which would minimize the use of water. If this type of scheme is adopted, it would be necessary to establish a policy so that building permits are non -transferable. It was felt by the Committee that some persons might sell their permits, the permits having become valuable by their issuance. Perhaps the permit would revert back to the City should the developer sell his property before it is developed. A time period for construction to be completed could also be set. The Planning Commission would consider the probable water usage of, a development at the same time as it considers the project itself. The developer would also have the opportunity of appeal E 0 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL - January 14, 1974 to the City Council should the Planning Commission deny the developer's application. It was estimated by the Water Committee that 108 equivalencies per year would be an equitable amount with which to begin the equivalency scheme." This figure could be adjusted up or down in accordance with current water resource figures; or, if circumstances permitted,such as a slow -down in building or a speed-up in providing additional water supplies, then the controls could be abandoned. Mr. Warden stated that the reason for these precautions at this time is to anticipate a situation before it happens rather than trying to recover from it after it does happen. Councilman Jennings stated that if the Council assumes that the projections made by Carollo Engineers after their intensive study of the water situation are correct, then it follows that something must be done to save what water the City has until the wastewater treatment project is on the line. Mr. Warden suggested that if the Council concurred in the committee's evaluation, they could adopt a resolution setting a four -week moritorium on building. The City could then use this time to draft the specifications for the system and make sure of their legality. He felt that a committee should be established by Council to work with Staff to put together a scheme which would then be adopted by ordinance. Councilman Jennings suggested that a joint City Council and Planning Commission meeting be set to thoroughly discuss this matter. Councilman Keiser felt that this matter had been adequately researched by the appointed Committee and that the Council should adopt their recommendation. MOTION: Councilman Keiser moved that the recommendation of the Water Committee be adopted. Councilman Donohoo did not feel that this is the time to initiate such a scheme. He stated that the livlihood of too many people would be affected; the Council should stick with their original plan to discuss this matter in March. Councilman Mcconaghay agreed with Councilman Donohoo. Mayor Mitchell stated that he had felt at the time this matter was brought before the Council late last year that a building re- striction should be implemented. He inquired as to why the situation has changed since that time. He also felt that the matter should receive adequate publicity so that the public can participate in the discussions before a final decision is made. He did not feel that there would be a swarm on building permits if this matter were postponed until the next regular meeting of the Council. Councilman Jennings stated that the reason he was not in favor of a building restriction when this matter was previously before the Council was because he had not been sure that a scheme could be equitably implemented. He felt that the Committee had estab- lished a way in which to implement this program, so he was in favor of such action being taken. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 14, 1974 Page Five Councilman Donohoo agreed with the Mayor that the 'public should have an opportunity to voice their opinions on this matter. Councilman Keiser withdrew Mr. Warden was directed the next regular meeting. ORDINANCE NO. 119. Ordinance IX of the Morro Bay Municipal first reading Mayor Mitchell stated the Council in its final creating Chapter IV to Title Code adopting a Harbor Ordinance Harbor Ordinance was presented this time for first reading. Councilman Jennings moved that Council waive the reading of Ordinance No. 119 in its entirety and ask Mr. Warden to read Ordinance No. 119 by title only. The motion was seconded by Councilman Donohoo and unanimously carried. read Ordinance Councilman Jennings moved that this constitute the first reading of Ordinance No. 119. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. RECONVENED RESOLUTION NO. 1-74. Resolution accepting work and giving notice of completion for application of bituminous seal coat on various City streets (S. S. Project No. 54) Councilman Keiser moved that Resolution No. 1-74 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Resolution Councilman Donohoo moved for the adoption of Resolution No. 1-74. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. RESOLUTION NO. 2-74. Resolution accepting work and giving notice of completion for trickling filter modifications Mr. Warden explained that this project was to have been completed by December 3, 1973; but, because of a delay in the delivery of materials, the job ran 28 days beyond the specified time. He requested that Council approve the extension of this time since the delay was not the fault of the contractor. Councilman Donohoo moved that Council grant an extension of twenty-eight days •, 0 MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL - January 14, 1974 to the time in which the contract work for trickling filter modifications was to have been completed. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden stated that Resolution No. 2-74 was the formal acceptance of work completed. MOTION: Councilman Donohoo moved Resolution No. 2-74 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 2-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 2-74. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. NEW BUSINESS C-1 RESOLUTION NO. 3-74. Resolution approving grant of Use Permit Agreement to Morro Bay Art Association Mayor Mitchell stated that this permit would allow the Art Association the use of the City Park on the following dates: May 25-27, 1974, July 4-6, 1974, and August 31-September 2, 1974. The purpose of the use would be for art exhibits. MOTION: Councilman Jennings moved that Resolution No. 3-74 be read by title only. The motion was seconded by Councilman Keiser and unanimously carried. Mr. Warden read Resolution No. 3-74 by title only. Council members discussed some of the problems that have arisen during these shows in previous years. It was noted that last year's permit had imposed conditions which the Art Association had complied with and which seemed to have taken care of the problem. Those conditions apply to this permit as well. Councilman Donohoo felt that perhaps the permit should not be granted for the entire year's activities and suggested that Council postpone a decision on this matter and let the new Council decide the matter after election. Councilman Keiser disagreed. She felt that the people of the City enjoyed having the shows at this location and that the exhibits added a lot to these holiday weekends. Mr. Douglas Dean, president of the Art Association, discussed the Association's plans for the shows. He stated that it was necessary for them to know ahead of time if they will have the use of the Park so that they can make the necessary mailings, etc. Also, they plan to have a booth at the Park giving information about the MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 14, 1974 Page Seven various local art galleries and directions on how. to reach them. Councilman Donohoo withdrew any objections he had to the granting of this Use Permit. MOTION: Councilman Jennings moved for the adoption of Resolution No. 3-74. The motion was seconded by Councilman Keiser and unanimously carried by roll call vote. C-2 Request of Morro Bay Senior Citizens for City purchase of a Club Wagon. Mayor Mitchell stated that the Council had been provided with a statement from Mr. Howard Gaines, president of the Morro Bay Senior Citizens which requests the City to purchase a van or mini- bus for the Senior Citizens. Mr. Gaines was present and introduced Mr. Babcock who had re- searched this matter for the Senior Citizens. Mr. Babcock summarized his proposal which requested that the Council grant $5,064.54 to the Senior Citizens for a mini -bus. This would include the cost of the vehicle, taxes, license and additional safety equipment. They asked that either the Senior Citizens or the City of Morro Bay be legal owner of the vehicle and the Economic Opportunity Commission be the registered owner as they would provide the maintenance, gas and insurance for the vehicle. He explained that there is a very real need for this type of service in Morro Bay since many seniors need to get into San Luis Obispo for doctors' appointments, food stamps, etc. He cited other cities which have provided buses for their seniors. Volunteer drivers would operate the vehicle. The Senior Citizens thought that perhaps the funds could come from Revenue Sharing monies. Mr. Warden stated that the Revenue Sharing funds for this year had been allocated in the 19.73-74 budget. However, Council could appropriate money from unbudgeted reserve. He asked Council, if they were in favor of the allocation, to refer the matter to staff to research the legal ramifications of the purchase. Mr. LeSage did not feel that the allocation would be out of line, however, he and Mr. Warden would look into the matter if Council so desired. There was further discussion with comments from Mr. Gaines, George Sanborne, Pat Weir, representing the Morro Bay Quota Club, Jeanette Duncan, Eugene Shelton, John Wagner, and Reverend Erickson representing the Ministerial Association in support of City pur- chase:of a mini -bus for the Senior Citizens. Mr. Warden read letters from the Morro Bay Women's Club, Morro Bay Tomorrow, and T. Keith Gurnee representing the Senior Citizens Nutrition Program, all in support of the Senior Citizens' request. Mayor Mitchell was concerned that the vehicle might not get the use the Senior Citizens seem to feel it would. He asked if there were any figures which would support the need for the vehicle. Mrs. Jeanette Duncan, EOC coordinator in Morro Bay, gave several figures to support the 'need of the Seniors for this vehicle. 0 0 MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL - January 14, 1974 MOTION: Councilman Keiser moved that Council grant money to purchase a mini -bus for the Senior Citizens, that the matter be referred back to staff to determine any legal ramifications of such an allocation, and the Morro Bay Senior Citizens be the legal owner of the vehicle with the EOC listed as registered owner. The motion was seconded by Councilman McConaghay. There was further discussion with regard to the intent of the motion. Councilman Keiser amended her motion from the Council granting money to purchase the bus for the Senior Citizens, to the Council providing the Senior Citizens with a bus. The amendment was accepted by Councilman McConaghay and unanimously carried. RECESS: 9:58 p.m. RECONVENED: 10:12 p.m. C_3 Consideration of Planning Commission resolution recommending rezoning a portion of Quintana Road from C-1-N to C-2 Mr. Warden informed the'Council that it was necessary for Council to set a hearing date to consider said rezoning. MOTION: Councilman Donohoo moved that the hearing date for consideration of Planning Commission resolution recommending rezoning a portion of Quintana Road from C-1-N to C-2 be set for January 28, 1974. The motion was seconded by Councilman Jennings and unanimously carried. C-4 RESOLUTION NO. 4-74. Resolution setting date and time for public hearing on adoption of Open Space and Conservation Element to the Comprehensive General Plan, MOTION: Councilman Jennings moved that January 28, 1974, be set as the hearing date for con- sideration of the Open Space and Conservation Element of the General Plan. The motion was seconded by Councilman Donohoo. Mr. warden informed the Council that a resolution had been provided for Council to adopt which would set the hearing date. Councilman Jennings withdrew his motion and Councilman Donohoo his second. MOTION: Councilman Jennings moved that Resolution No. 4-74 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Resolution No. 4-74 by title only. r LJ MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL - January 14, 1974 MOTION: Councilman Donohoo moved for the adoption of Resolution No. 4-74. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote.' C-5 Consideration of revetment repair project Mayor Mitchell cited the revetment areas in the bay to be re- paired and stated that the City Administrator had discussed this type of repair with the South Central Coastal Commission and they have approved these types of projects since they do not add to any pre-existing fill area, but merely restore the rip -rap which has deteriorated. MOTION: Councilman Donohoo moved that Staff be authorized to apply to the Corps of Engineers for approval of revetment repair projects for two locations in Morro Bay Harbor. The motion was seconded by Councilman Jennings and unanimously carried. C-6 RESOLUTION NO. 5-74. Resolution of Intention to abandon portions of certain City streets and setting date for hearing. Mayor Mitchell stated that this hearing would be for considering abandoning portions of Spencer Drive and Norwich Avenue. The City had previously abandoned portions of this area, and has. recommended abandoning the rest as it serves no purpose to the City. The ad- jacent property owners have requested this action. MOTION: Councilman Jennings moved that Resolution No. 5-75 be read by title only. The motion was seconded by Councilman Donohoo and unanimously carried. Mr. Warden read Resolution No. 5-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 5-74. The motion was seconded by Councilman Donohoo and unanimously carried by roll call vote. C-7 Awarding of contract for construction and installation of Police Station remodeling improvements Mayor Mitchell stated that Council was in receipt of a memo from the City Engineer in which he states that J. W. Bailey con- struction Co. was the low bidder for the remodeling improvements for the Police Station. He also states that the low bid is $8,574.00 which is $2,131.50 above the estimated and budgeted amount for this project. The City Engineer has recommended that the Council award the low bid to J. W. Bailey Construction Co. and appropriate funds to cover the deficit. MOTION: Councilman Donohoo vmoved that the bid for construction and installation of Police Station remodeling improvements be awarded to J. W. MINUTES - MORRO Regular Meeting Page Ten BAY CITY COUNCIL - January 14, 1974 Bailey Construction Co.in the amount of $8,574.00, and that the deficit amount be obtained from unbugeted reserve. The motion was seconded by Councilman Jennings and unanimously carried. C-8 RESOLUTION NO. 6-74. Resolution approving bid for annual chlorine purchase Mayor Mitchell stated that Council was in receipt of a memo from the Director of Public Works recommending that the annual purchase of chlorine be awarded to Coastal Ag-Chem, even though Jones Chemical Co. submitted a lower bid. The reason for this being that Jones Chemical Co. had placed several conditions on their bid, one being a provision to raise their prices any time with thirty days prior notice. MOTION: Councilman Donohoo moved that Resolution No. 6-74 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 6-74 by title only. MOTION: Councilman Donohoo moved for the adoption of Resolution No. 6-74. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. C-9 RESOLUTION NO. 7-74. Resolution supporting Assembly Bill 594 of the California Legislature for the 1973-74 regular session and any other similar legislation relating to beverage con- tainers _ Mayor Mitchell stated that this bill would require deposits to be put on beverage containers thereby encouraging people to re- turn the bottles rather than littering. . Council members discussed this legislation. MOTION: Mayor Mitchell moved that Resolution No. 7-74 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 7-74 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 7-74. The motion was seconded by Mayor Mitchell and failed on the following roll call vote: AYES: Councilman Jennings and Mayor Mitchell NOES: Councilmen Donohoo, Keiser, and McConaghay C-10 RESOLUTION NO.'8-74. Resolution of intention to purchase tax deeded property and agreement to purchase 4 46 MINUTES - MORRO Regular Meeting Page Eleven BAY CITY COUNCIL - January 14, 1974 Mr. Warden noted the locations of these three pieces of property for Council information. MOTION: Councilman Donohoo moved that Resolution No. 8-74 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Resolution No. 8-74 by title only. MOTION: Councilman Donohoo moved for the adoption of :. Resolution No. 8-74. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council Council members had nothing to report at this time. D-2 City Attorney (1) Mr. LeSage informed the Council that in connection with the measure to be submitted to the voters regarding the extension of the Embarcadero, he and Mr. Warden had checked into the original deed from the County of San Luis Obispo to the Morro Bay Land and investment Co., to determine if relocation of the extension of the Embarcadero could bring into effect a provision of the deed which states that if Coleman Drive is relocated, the aban- donment of that road would be required. Mr. LeSage stated that he and Mr. Warden did not feel that this would apply, since the lan- guage is such as to refer to a road extending to Morro Rock. How- ever, in order to assure the City's position, Mr. LeSage had ob- tained an agreement from the successors of Morro Bay Land and Investment Co., which states in essence that the Embarcadero ex- tension would not be an abandonment of Coleman Drive. Mr. LeSage stated that he will present that agreement to the Council at their next meeting. (2) Mr. LeSage briefly discussed the new laws relating to disclosure of campaign expenses, reporting of financial and conflicting interests and the penalties thereof. D-3 City Administrator (1) Mr. Warden stated that because of the severe wind storm last week the cover had been destroyed on one of the City's water tanks and needs replacing. The cost will be between $12,000 and $15,000 and he requested Council approval of this expenditure. MOTION: Councilman Donohoo moved that Staff be directed to proceed with replacing the cover on the water tank. The motion was seconded by Councilman Jennings. Joseph Giannini suggested reviewing the original contract on the water tank for a possible warranty on the cover. Mr. Warden n 0 MINUTES - MORRO Regular Meeting Page Twelve BAY CITY COUNCIL ' - January 14, 1974 informed him that the contract had been thoroughly reviewed and no warranty exists on the water tank cover. The motion was unanimously carried. (2) Mr. Warden informed the Council that the City is in the process of advertising for a new Fire Chief to replace Norman Rieger upon his retirement. However, Mr. Rieger will be gone before the interviewing process can take place. It has, therefore, been recommended that Captain Frank Stephens be appointed as Acting Fire Chief and receive compensation at the first step of the Fire Chief's range. This will be an increase of $85.00 per month until a new Fire Chief is appointed. MOTION: Councilman Donohoo moved that Council authorize paying Captain Frank Stephens at Range 39, Step 1, during the time he performs as Acting Fire Chief. The motion was seconded by Councilman Jennings and unanimously carried. (3) Mr. Warden stated that he was in receipt of a proposal from Mr. James Maul and Mr. Richard McCarty, Architects, for` performing a land use study for the City's Civic Center. The money for this project was approved in the budget as a revenue sharing expenditure. The cost for these services will not be over $4100 and may well fall under that amount. The project would include studying uses for the recently acquired properties by the City. MOTION: Councilman Donohoo moved that Staff be authorized to accept the services of James H. Maul and Richard McCarty for site planning on the Civic Center area. The motion was seconded by Councilman Jennings and unanimously carried. (4) Mr. Warden presented the Expenditure Report for the Council. period December 1-15, 1973, for the consideration of the MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period December 1-15, 1973. The motion was seconded by Councilman Donohoo and unanimously carried. (5) Mr. Warden presented the Expenditure Report for the period December 16-31, 1973, for the consideration of the Council. MOTION: Councilman Jennings moved for the approval of the Expenditure Report for the period December 16-31, 1973. The motion was seconded by Councilman Keiser and unanimously carried. (6) Mr. Warden explained that because of the questions about the deed regarding Coleman Drive; the date for submitting arguments for or against the City measure had been extended from January 10, 1974, to and including January 21, 1974. MINUTES - MORRO Regular Meeting Page Thirteen BAY CITY COUNCIL - January 14, 1974 CORRESPONDENCE 1. Copy of a letter from the 'Commercial Fishermen's Organization of Morro Bay, Inc. to the 'Army Corps of Engineers regarding maintenance of Morro Bay Harbor. 2. Letter from Jeanette Duncan, EOC Senior Citizens Coordinator reporting on her activities in Morro Bay. Mr. Warden requested that Council appoint a committee of Council and Planning Commission members to�discuss possible uses, on a short term basis, of the properties the City is acquiring in the proposed Civic Center area. He has had requests from Senior Citizens, youths and other organizations needing housing. Also, the committee could discuss the arrangements for the use of Fire Station No. 2, should the Council finally decide to man that station by a volunteer force only. Mayor Mitchell appointed Councilmen Donohoo and Jennings as Council members on this committee and directed Mr. Warden to petition the Planning Commission to appoint two members to this committee. Councilman Keiser suggested that a member of the Parks and Recreation Commission be appointed to this committee also. Mr. Warden felt that some ideas should be established by Council and the Planning Commission and then referred to the Parks and Recreation Commission for their input. MOTION: Councilman Donohoo moved that the correspon- dence 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. MOTION: Councilman Donohoo moved that the meeting adjourn to executive session to discuss possible litigation. The motion was seconded by Councilman McConaghay and unanimously carried. The meeting adjourned to executive session at 10:52 p.m. and returned to regular session at 11:06 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 11:07 p.m. RECORDED BY: M. L. WARDEN, City Clerk By: Ardith'Davis Deputy City Clerk