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HomeMy WebLinkAboutJanuary to December (5)CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING December 22, 1975 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR NOTICE All matters listed under Item A, Consent Calendar, are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A-1 Minutes of the regular meeting of December 8, 1975 A-2 Expenditure Report - 12-1-75 through 12-15-75 (RECOMMEND APPROVAL) A-3 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-4 Appeal of Robert D. Wendt for Mr. and Mrs. Jack Peters and Mr. and Mrs. Roger Cliff from Planning Commission denial of appli- cation to remodel premises at 830 Embarcadero, Morro Bay (SET HEARING DATE 1-12-76) A-5 Appeal of Grace A. Melton from Planning Commission denial o-` variance to build a carport at 351 Java Street, Morro Bay (SET HEARING DATE 1-12-76) A-6 Approval of awarding bid £or 4--wheel drive trenching machine to Ditch Witch for $5,289.00 (RECOMMEND APPROVAL) A-7 Consideration of claim of Jewell McKenzie for damages (RECOMMEND DENIAL) A-8 Resolution No. 90-75 accepting work and giving notice of comple- tion for construction of a Centennial Stairway (RECOMMEND ADOPTION) HEARINGS, APPEARANCES AND REPORTS B-1 Hearing on vehicle abatement UNFINISHED BUSINESS C-1 Resolution No. 91-75 allocating use of Transportation Development Act funds to support a demand response transit system and review of grant application NEW BUSINESS D-1 Consideration of Dunes Street landscaping project D-2 Consideration of revisions to the Joint Powers Agreement for the County and Cities Area Planning Coordinating Council D-3 Consideration of correcting description discrepancies in. -Lease Sites No. 110W; 111W, 112W, Brebes INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 22, 1975 - 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. Reverend Dear, City Chap- lain gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell and Pipitone ABSENT: Mayor Donohoo Mayor Pro Tem Jennings stated that Mayor Donohoo is ill this evening. CONSENT CALENDAR A-1 Minutes of the regular meeting of December 8, 1975 A-2 Expenditure Report - 12-1-75 through 12-15-75 (RECOMMEND APPROVAL) A-3 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-4 Appeal of Robert D. Wendt for Mr. and Mrs. Jack Peters and Mr. and Mrs. Roger Cliff from Planning Commission denial of application to remodel premises at 830 Embarcadero, Morro Bay (SET HEARING DATE 1-12-76) A-5 Appeal of Grace A. Melton from Planning Commission denial of variance to build a carport at 351 Java Street, Morro Bay (SET HEARING DATE 1-12-76) A-6 Approval of awarding bid for 4-wheel drive trenching machine to Ditch Witch for $5,289.00 (RECOMMEND APPROVAL) A-7 Consideration of claim of Jewell McKenzie for damages (RECOMM DENIAL) A-8 RESOLUTION NO. 90-75 accepting work and giving notice of com- pletion for construction of a 4-'Centennial Stairway (RECOMMEND ADOPTION) Mr. Warden reviewed all items on the Consent Calendar. Council- man Mitchell asked that Itemti A-4 be removed from the Consent Calen- dar and be approved separately. MOTION: Councilman Mitchell moved for the approval of the Consent Calendar, Items A-1 through A-8 with the exception of A-4, with the understanding that approval means taking that action recommended by the City Adminis- trator. The motion was seconded by Councilman Brown and unanimously carried. Councilman Mitchell stated that he wished to abstain from any discussion or voting on Item A-4 because a partner in his law firm is representing the parties involved. MOTION: Councilman Pipitone moved for the approval of Item A-4. The motion was seconded by Councilman Brown and carried with Councilman Mitchell ab- staining. r MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - December 22, 1975 Page Two HEARINGS, APPEARANCES AND REPORTS B-1 Hearing on vehicle abatement Mr. Warden requested that this item be withdrawn as all vehicles involved had been removed. UNFINISHED BUSINESS C-1 RESOLUTION NO. 91-75 allocating use of Transportation Development Act Funds to support a demand response transit system and re- view of grant application MOTION: Councilman Brown moved that Resolution No. 91-75 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 91-75 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 91-75. The motion was seconded by Councilman Mitchell and unanimously carried. Mr. Warden stated that the Council is in receipt of the actual grant application for their review. No action is necessary on the grant application. NEW BUSINESS D-1 Consideration of Dunes Street landscaping project Mr. Warden called the Council's attention to the rendering of the proposed landscaping project of the Dunes Street fishing pier. He stated that Staff is unable to estimate the cost of this land..-- scaping until bids are received, however, Council should be prepared to allocate additional funds since it is not felt that sufficient funds are budgeted for the project. Some of the work, however, will be accomplished by FFA and some by City forces. Mr, Warden stated that unless the Council had some objections, he would proceed with soliciting bids for the project. Council con- curred. D-2 Consideration of revisions to the Joint Powers Agreement for T the County and Cities Area Planning Coordinating Council. Mr. Warden stated that the Mayors of the various cities in the County had been reviewing the proposed JPA between the cities and the County. He gave a brief history of the Area Council and stated that it was presently the body used for compliance with the require- ments of SB 325 and acted as the A-95 reviewing body for area plans as well as for grant applications. The:Mayors had reviewed the pro- posed draft and asked that the draft go to the various Council's for their consideration and input and that the matter be brought back to the Mayors at their next monthly meeting. One of the proposed changes is a waiting period before any Area Council actions become final so that the cities have an opportunity to,=appeal Area Council MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - December 22, 1975 Page Three actions. Another suggested change is a more logical distribution of representation between the cities and County on the Area Council. It also suggests that in the case of the A-95 process and regional planning that funds from the General Fund be used to support those activities. Mr. Warden emphasized that the proposed draft are suggestions only and asked Council for any revisions or additions they would like to make to the agreement. Councilman Mitchell asked what the provision was if the Cities did not agree with the Area Council's actions and they would not change their action. Mr. Warden stated that the only alternative is withdrawal from the Council. This would open another area of concern since the SB325 monies are distributed through the county and Area Council for disbursement to the cities. Council discussed this matter and it was suggested that Staff look into the possibility of a veto power to be implemented into the agreement. D-3 Consideration of correcting description discrepancies in Lease Sites No. 110W, 111W, and 112W, Brebes - Resolution No. 92-75 adopting a revised lease for Lease Sites No. 110W, 111W, and 112W, Brebes Morro Bay Fisheries, Inc. MOTION: Councilman Mitchell moved that Resolution No. 92-75 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 92-75 by title only. MOTION: Councilman Mitchell moved for the adoption of Resolution No. 92-75. The motion was seconded by Councilman Pipitone and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (1) Councilman Mitchell suggested that Staff look into the possibility of providing checkers for people to use at the Centennial Stairway. He felt something inexpensive that could be easily replaced would be in order and would provide more utilization of the board. Mr. Warden stated that Staff would investigate this possibility. (2) Councilman Jennings stated that he was concerned about• an article in this evening's Telegram Tribune which implied that the City Council of Morro Bay was not very effective in the area of providing boat slips for commercial fishermen in Morro Bay Harbor. He cited several additional areas of boat slips and mooring and it was noted that between $80,000 and $100,000 had been spent in the last two years in this area. Councilman Mitchell stated that the new Harbor Ordinance also provides for preference to be given to commercial fishing boats over pleasure craft. E-2 City Attorney Mr. LeSage had nothing to report at this time. 0 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL - December 22, 1975 E-3 City Administrator (1) Mr. warden advised the Council that the City was having some difficulty getting dockage and mooring fees from some boat owners in Morro Bay Harbor and said that the City Attorney is following through with legal proceedings at this time. He also informed the Council that the City is going to destroy the vessel "Seaesta" as it is a hazard and no one has claimed the boat and the last owner has declined any interest in it. (2) Mr. Warden stated that the City had received proposals for the engineering and design of the FAU project on Beachcomber and the most acceptable proposal was submitted by Schott and Associates. This firm will go to final design on the project then it will go to Cal Trans for the actual construction contract. ADJOURNMENT MOTION: Councilman Mitchell moved that the meeting be adjourned. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 8:14 p.m. RECORDED BY: M. L. WARDEN City Clerk By: Ardith Davis Deputy City Clerk L MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting December 9, 1975 - 5:30 p.m. City Hall Conference Room Mayor Donohoo stated that this meeting had been called for the purpose of interviewing applicants for Planning Commission. PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None MOTION: Councilman Jennings moved that the meeting adjourn to executive session for the purpose of conducting interviews for Planning Commissioner. The motion was seconded by Mayor Donohoo and unanimously carried. The meeting adjourned to executive session at 5:32 p.m. and returned to regular session at 9:40 p.m. MOTION: Councilman Jennings moved that Vivian Doubledee be appointed to fill the unexpired term of Robert Sanders as Planning Commissioner. The motion was seconded by Councilman Brown and unanimously carried. MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Commissioner Jennings and unanimously carried. The meeting adjourned at 9:45 p.m. RECORDED BY: MURRAY L. WARDEN City Clerk By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING December 8, 1975 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR NOTICE All matters listed under Item A, Consent Calendar, are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A-1 Minutes of the regular meeting of November 24, 1975 A-2 Financial Report - 7-1-75 through 11-30-75 (RECOMMEND APPROVAL) A-3 Expenditure Report - 11-16-75 through 11-30-75 (RECOMMEND APPROVAL) A-4 Resolution No. 85-75 approving amendment to lease for Lease Site No. 21, Gunther (RECOMMEND ADOPTION) A-5 Resolution No. 86-75 approving amendment No. 22, Gunther (RECOMMEND ADOPTION) A-6 Resolution No. 87-75 calling and giving a General Municipal Election to be held for the election of certain officers of (RECOMMEND ADOPTION) HEARINGS, APPEARANCES AND REPORTS B-1 Report of costs of aerial photo UNFINISHED BUSINESS to lease for Lease Site notice of the holding of Tuesday, March 2, 1976, the City of Morro Bay C-1 Consideration of adoption of a Short Range Transit Development Plan for the City of Morro Bay and consideration of Resolution No. 89-75 authorizing the filing of an application with the Department of Transportation for a grant under the Urban Mass Transportation Act of 1964, as amended NEW BUSINESS D-1 Consideration of City payment for candidate's Statement of Qualifications for City Council D-2 Resolution No. 88-75 supporting the renewal of Revenue Sharing D-3 Expiration of County leases for Lease Sites No. 51, 51W, Battieger, and Lease Sites No. 71,72,71W, and 72W, Kirth D-4 Parking on Lease Sites No. 138 and 139 INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 8, 1975 -- 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. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None CONSENT CALENDAR: A-1 Minutes of the regular meeting of November 24, 1975 A-2 Financial Report - 7-1-75 through 11-30-75 (RECOMMEND APPROVAL) A-3 Expenditure Report - 11-16-75 through 11-30-75 (RECOMMEND APPROVAL) A-4 RESOLUTION NO. 85-75 approving amendment to lease for Lease Site No. 21, Gunther (RECOMMEND ADOPTION) A-5 RESOLUTION NO. 86-75 approving amendment to lease for Lease Site No. 22, Gunther (RECOMMEND ADOPTION) A-6 RESOLUTION NO. 87-75 calling and giving notice of the holding of a General Municipal Election to be held Tuesday, March 2, 1976, for the election of certain officers of the City of Morro Bay (RECOMMEND ADOPTION) HEARINGS, APPEARANCES AND REPORTS B-1 Report of costs of aerial photo Mr. Warden stated that the Council had requested information at a previous meeting regarding the cost of a 3' x 5' aerial photo. He had determined that the cost for an enlarged aerial photo would be $340 for the first copy and $190 for each additional copy. Mr. Warden proposed that the Council approve the purchase of the first photograph and one additional copy for Public Works. The original to be placed in the City Hall Conference Room and the old photo placed in the Recreation Hall for reference during City Council and Planning Commission meetings. MOTION: Councilman Jennings moved that Council authorize the expenditure of funds to acquire one enlarged aerial photograph and a copy and that the appro- priate funds be transferred for this purchase. The motion was seconded by Mayor Donohoo and unanimously carried by roll call vote. UNFINISHED BUSINESS C-1 Consideration of adoption of a Short Range Transit Development Plan for the City of Morro Bay and consideration of Resolution No. 89-75 authorizing the filing of an application with the Department of Transportation for a grant under the Urban Mass Transportation Act of 1964 as amended Mr. Warden stated that the Council was in receipt of a final draft of the Transit Plan which incorporates those changes reviewed MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL December 8,,1975 at the last Council meeting. Also, a resolution needs to be passed which will authorize the filing of a grant application. MOTION: Councilman Jennings moved that the Council approve the Short Range Transit Development Plan. The motion was seconded by Councilman Brown and unanimously carried. MOTION: Councilman Jennings moved that Resolution No. 89-75 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 89-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 89-75. The motion was seconded by Councilman Brown and unanimously carried. NEW BUSINESS D-1 Consideration of City payment for candidate's Statement of Qualifications for City Council. Mr. Warden stated that if a candidate wishes,a State of Qualifications can be inserted in the sample ballot package. This Statement can consist of no more than 200 words. The cost for the Statement will be at least $120 and possibly more because of the bi-lingual requirements and the resulting increased printing costs. He asked Council if they wished to have the City pay this fee or have the candidates bear the cost. Councilman Mitchell stated that $120 is a very inexpensive way of advertising to all regis- tered voters and suggested that the candidates pay for the Statements themselves if they wish to have a Statement at all. MOTION: ' Councilman Jennings moved that the cost for Candidate's Statement of Qualifications be charged to the candidates so wishing to file a Statement. The motion was seconded by Councilman Brown and unanimously carried. Councilman Brown suggested setting aside an evening at the Veterans Hall for candidates running for Council or Mayor to set up booths and do some campaigning. There was discussion on this matter but no action was taken. D-2 RESOLUTION NO. 88-75 supporting the renewal of Revenue Sharing MOTION: Councilman Jennings moved that Resolution No. 88-75 be read by title only. The motion was seconded by Councilman Mitchell and unanimously carried. Mr. Warden read Resolution No. 88-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 88-75. The motion was seconded by Councilman Brown. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL Decemt er 8, .1975 Mr. Warden explained that this resolution was for the purpose of encouraging legislation to renew Federal Revenue Sharing to cities; it presently expires after January 1, 1976. The motion was unanimously carried. D_3 Expiration of County leases for Lease Sites No. 51, 51W, Battieger, and Lease Sites No. 71, 72,,71W, and 72W, Kirth Mr. Warden explained that, in accordance with the terms of the leases for these two County -type leases, the lessee must give ninety day notice to the City if they wish to renew their lease. Both parties in this instance had failed to give notice within the required time. Mrs. Battieger recently gave notice that she wished to extend the term of the lease and been late in meeting the notice require- ment because of estate problems upon the death of her husband. Mr. Kirth had notified Mr. Warden last week that he wished to convert his lease to a City -type lease and because he had been drawing plans for City review, he had not met the notification requirement. Mr. Warden requested Council's wishes in this matter. There was discussion of Mr. Kirth's request to convert and Mr. Warden stated that a City lease could be favorable to the City as far as revenue is concerned depending upon the type of uses. Mrs. Batteiger can be allowed a ten year extension in accordance with her lease since the County Assessor has assessed the improvements on the property at $10,600. The uses for the property are motel and motel apartments to be rented on a daily or weekly basis. Councilman Mitchell was in favor of complying with the requests of the lease holders since no harm has come to the City for their failure to honor the required notification term. MOTION: Councilman Mitchell moved that both leases be extended in accordance with the lease terms as if notice had been given prior to the ninety day notification requirement and that the City Administrator be authorized to negotiate a City lease on the Kirth lease and a ten year extension on the Battieger lease. The motion was seconded by Councilman Brown and unanimously carried. D-4 Parking on Lease Sites No. 138 and 139 Mr. Warden stated that the property in question is between Crill's snack bar and the Harbor Office. It has previously been used by the Coast Guard crew for volley ball activities, but they no longer use the property for this purpose. He suggested that Council approve designating the property as a four hour parking area which is compatible with the same limitation as exists on the westerly side of the parking lot. The cost for stripping of the area would be approximately $150.00 and can be handled within the present budget allocations. MOTION: Councilman Jennings moved that Staff be authorized to provide parking as suggested for Lease Sites No. 138 and 139. The motion was seconded by Councilman Brown and unanimously carried. MINUTES - MORRO aAX CITY COUNCIL Regular Meeting December 8,,1975 Page Four INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Council members had nothing to report at this time. E-2 City Attorney Mr. LeSage stated that he would be forwarding to Council a memo regarding their required filing dates for Campaign State- ments. E-3 City Administrator (1) Mr. Warden requested that Council adjourn from this meeting to 5:30 p.m., Tuesday, December 9, in the City Hall Conference Room to interview applicants for Planning Commission. Eleven applicants are scheduled to appear. (2) Mr. Warden reported on.the Community Development Block Grant Training Program which Mr. Dowell and Mr. Nuzum had been attending in order to see if the City qualifies for any grants. It looks like the only way to obtain grants in this area is to have homes possessing no inside toilet facilities. However, cities should still try in order to keep from losing whatever slim chance there might be for funding. MOTION: Councilman Jennings moved that Staff be authorized to proceed with the present application as outlined by Mr. Warden. The motion was seconded by Councilman Mitchell and unanimously carried. (3) Mr. Warden stated that he was concerned about the Chessmen for the Centennial Stairway and the security of them. They are irreplaceable as they were carved by local citizens. Mr. Warden suggested that they be stored at the Recreation Department and be used only on a check-out basis with the Recreation Department. The Fire Department could handle the check-outs on the week -ends, but anyone wishing to use the chessmen would have to sign up for them by Friday afternoon. Council concurred with this recommendation. ADJOURNMENT MOTION: Councilman Jennings moved that Council adjourn to Tuesday, December 9, 1975, at 5:30 p.m. in the City Hall Conference Room to interview app- licants for Planning Commission. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 8:05 p.m. RECORDED BY MURRAY 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, November 24, 1975, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the proposed Transit Plan for 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 Plan. The review period is from October 24, 1975; through November 24, 1975, and copies of the Plan will be available for public review at City Hall, 595 Harbor Street, Morro Bay, California and the County Library, 410 Morro Bay Boulevard, Morro Bay, California, during that period. DATED: October 21, 1975 M. L. WARDEN, City Clerk City of Morro Bay, California By: A DITH DAVIS, Deputy City Clerk 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING November 24, 1975 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR NOTICE All matters listed under Item A, Consent Calendar, are con- sidered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A•-1 Minutes of the regular meeting of November 10, 1975 A-2 Minutes of the executive meeting of November 10, 1975 A-3 Financial Report - 7-1-75 through 10-31-75 (RECOMMEND APPROVAL) A-4 Expenditure Report - 11-1-75 through 11-15-75 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 Resolution No. 80-75 accepting work and giving notice of comple- tion for construction of a fishing pier and floating boat docks Job No. PW74-012-37RS (RECOMMEND ADOPTION) A-7 Claim of JoAnna G. Jamison for sewer damages (RECOMMEND AUTHORI- ZATION FOR PAYMENT) A-8 Claim of Beverly Wade for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT) A-9 Claim of Estero Income Properties for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT) HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing on proposed Transit Plan for the City of Morro Bay UNFINISHED BUSINESS C-1 Request of June G. Cunningham for extension of time .for docking at City T Pier C-2 Resolution No. 81-75 approving amendment of lease for Lease Sites No. 82-85 and 82W-85W, Cabrillo C-4 No. 21, Gu Resolution NEW BUSINESS D•-1 Resolution No. 84-75 requesting the Board of Supervisors to permit County to render services relating to the conduct of the General Municipal Election to be held March 2, 1976 INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES MORRO BAY Regular Meeting November 24, 1975 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. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None CONSENT CALENDAR A-1 Minutes of the Regular meeting of November 10, 1975 A-2 Minutes of the executive meeting of November 10, 1975 A-3 Financial Report - 7-01-75 through 10-31-75 (RECOMMEND APPROVAL) A-4 Expenditure Report - 11-1-75 through 11-15-75 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 RESOLUTION NO. 80-75 accepting work and giving notice of completion for construction of a fishing pier and floating boat docks, Job. No. PW74=012-37RS (RECOMMEND ADOPTION) A-7 Claim of JoAnna G. Jamison for sewer damages (RECOMMEND AUTHORI- ZATION FOR PAYMENT) A-8 Claim of Beverly Wade for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT) A-9 Claim of Estero Income Properties for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT) Mr. Warden reviewed all items on the Consent Calendar and re- quested a special motion to transfer $2021.57 from reserve to cover the costs of the sewer damage claims. Councilman Pipitone asked about investigating other insurance companies to see if the City can get a better break on the deductible. Mr. Warden stated that insurance companies are very reluctant to insure municipalities at this time, and the City received only one bid when the policy was put to bid earlier this year. Some cities are going to self-insurance. MOTION: Councilman Jennings moved for the approval of the Consent Calendar, Items A-1 through A-9 with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Mitchell and unanimously carried by roll call vote. MOTION: Mayor Donohoo moved for approval of the transfer of $2021.57 to cover the costs of the sewer damage claims. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing on Proposed Transit Plan for the City of Morro Bay Mr. Warden explained that this hearing had been advertised for a thirty -day period to provide interested parties an opportunity to MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL November 24, 1975 review the proposed short term Transit Plan for the City of Morro Bay. He said that Mr. John Ford,_representing Dave Systems, was present to answer questions regarding the plan. Mr. Warden stated that the City's Transit Plan was compatible with the Regional Transportation Plan adopted by the San Luis Obispo County and Cities Area Planning Coordinating Council. In order to qualify for funding for a transportation system from the Urban Mass Transportation Agency, a regional plan must be adopted and then, -,a local plan. The local plan must be approved by the Regional Office of UMTA. Mr. Warden said that the local plan is before the Council this evening for amendments and public hearing and that a final draft will be brought back at the next meeting for adoption. After the plan is forwarded to UMTA for consideration, the City can almost certainly expect 80% funding for the proposed transportation system. There are twelve different alternatives for Council consideration. Staff is recommending that Council adopt Plan H which proposes a three bus system, carrying thirteen to sixteen passengers coach bus. This plan envisions two buses in continuous operation five days a week, twelve hours per day. The third vehicle would be used as backup or when one of the other vehicles is being serviced. It is planned that there would be two service routes, one in North Morro Bay and one in South Morro Bay. Transfers would be at the Williams Brothers Shopping Center. Mr. Warden had previously suggested a route connecting with Cuesta College and the City of San Luis Obispo with costs to be shared with the City or County of San Luis Obispo. At this time, San Luis Obispo has not committed itself, so this part of the Plan was eli- minated due to the costs, $26,000 to $28,000 which would have to be borne by the City of Morro Bay alone. The initial cost, or Capital Cost, is $103,022 which includes three buses, garage facilities, radio system, renovation of ar;dis- patch center, fee box purchases, waiting station, etc. Mr. Warden estimates that UMTA will pay $82,417 of this which leaves Morro Bay's share $20,605. The $20,605 will be paid entirely from SB 325 monies. The Area Council has certified that this area needs a transit system, so SB325 monies must be spent for transit purposes. First year operation and maintenance costs will run $96,271. This includes salaries, gas, oil, and normal operation and maintenance costs. Also, $4,169 will have to be set aside as Capital Reserve as Morro Bay's 20% share for replacement of vehicles. This totals $100,440 for operation and maintenance. $86,555 of this will be covered by SB325 monies which leaves a balance of $13,885. Using an estimate of 25� per rider and first year trips of 3900, another $8,212 will be acquired to off -set operation and maintenance costs. This leaves a balance of $5,673 which can be charged to General Fund. Second year costs will be considerably higher since the City will be able to count on only $54,000 SB325 monies, which will mean the City will have to subsidize the system from the General Fund for more than $21,000. MINUTES MORRO BAY CITY COUNCIL Regular Meeting - November 24, 1975 Page Three With regard to operation of the system, Mr. Warden stated that there are several options open to the City. (1) City operation with the City managing the system, hiring, etc; (2) City operation with full-time manager and part-time people; (3) contract with Dave Systems or comparable agency for operation; (4) contract with the Taxi Cab Company for operation of the system. Staff is recommending con- tracting with Dave Systems or a comparable firm, for management and operation of the system with City maintaining the equipment, supplying the fuel and providing facilities for vehicle maintenance and storage, and for system control. If possible, the existing Taxi Cab Company should be worked into the system. Councilman Brown asked if the SB 325 monies which the City in the past used for street maintenance will deplete that fund while providing funds for the transit system. Mr. Warden stated that the City has been setting aside SB325 monies for two years in antici- pation of this project. Reverend Paul Dear asked about insurance for the vehicles. Mr. Warden stated that it would be the same amount as carried on pre- sent City vehicles, however, if the City contracts for operation of the system, the insurance would be carried by the agency. This figure is included in the annual operating costs. Councilman Pipitone asked if the proposed buses were the same size as the Senior Citizen bus. Mr. Warden stated that the proposed buses will be slightly larger. Mr. Warden briefly discussed potential fuel sources for the ve- hicles. He then asked Council if they had any corrections at this time and none were offered. Mayor Donohoo declared the public hearing open at 8:20 p.m. and called for presentations regarding the proposed Transit Plan for the City of Morro Bay. As there were no comments by the public, the hearing was closed at 8:20 p.m. MOTION: Councilman Jennings moved for approval of the Short Range Transit Development Plan for the City of Morro Bay including the amendments as indicated by the City Administrator. The motion was seconded by Mayor Donohoo and un- animously carried. Councilman Jennings asked if Staff needed approval to work with Dave Systems and the Taxi Cab Company on this matter, and Mr. Warden stated that the details are being worked out now. UNFINISHED BUSINESS C-1 Request of June G. Cunningham for extension of time for docking at City T Pier Mr. Warden informed the Council that they had granted Mrs. Cunningham a six month extension on May 28, 1975. That time is up now and Mrs. Cunningham has not located a spot for her boat. Mrs. Cunningham stated that she had been searching without result for a suitable place for her boat. She has been promised by MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL - November 24,1975 Brebes that she has first choice as soon as their docks are built. Other areas investigated either are too shallow or there is no room. She does not know when the boat will be finished as her husband is ill and not able to work on it consistently, however, they did in- stall a chlorinating system on the boat. Councilman Jennings felt that since they had allowed a year for the Blue Eagle, they should give the same consideration to Mrs. Cunningham. Councilman Pipitone asked if there had been any problems with transient vessels needing a place to 'tie up. Doug Stuart stated that he knew of no special cases, however, there is always a shortage of spaces this time of the year. MOTION: Councilman Brown moved that Mrs.'Cunningham be granted a year extension for docking at the City T Pier. The motion was seconded by Councilman Pipitone. Councilman Pipitone felt that Mrs. Cunningham should have pre- ference over transients since she has been there so long. Councilman Mitchell said that since there is an ordinance against prolonged docking at the City T Pier, it should be enforced. Councilman Jennings did not feel a whole year should be given. Councilman Brown stated that he felt the Brebes docks would be done by then and would give Mrs. Cunningham enough time to make the move. Mayor Donohoo stated that the Council is waiving two portions of the ordinance, that of prolonged docking and the penalty fee. The motion failed on the following voice vote: AYES: Councilmen Brown and Pipitone NOES: Councilman Jennings, Mitchell and Mayor Donohoo MOTION: Councilman Mitchell moved that an extension be granted to Mrs. Cunningham to dock the "Yorida" at the City T Pier and that the time would coincide with the time allotted to the -Blue Eagle. Eagle. The motion was seconded by Councilman Jennings and unanimously carried. C=2 RESOLUTION NO. 81-75 approving amendment of lease for Lease Sites No. 82-85 and 82W-85W, Cabrillo MOTION: Councilman Jennings moved that Resolution No. 81-75 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 81-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 81-75. The motion was seconded by Councilman Brown and unanimously carried. NEW BUSINESS D-1 RESOLUTION NO. 84-75 requesting the Board of Supervisors to MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - November 24,r 1975 Page Five permit County to render services relating to the conduct of the General Municipal Election to be held March 2, 1976 MOTION: Councilman Jennings moved that Resolution No. 84-75 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 84-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution of Resolution No. 84-75. The motion was seconded by Councilman Brown and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Brown stated that he had received a book from Mary Phillips regarding "The Effects on Population of Exposure to Low Levels of Ionizing Radiation" which he would put in the Council's "read" file. E=2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden asked Council to set a date for interviewing applicants for the Planning Commission. Council set Tuesday, December 9, 1975, at 5:30 p.m. in the City Hall Conference Room. (2) Mr. Warden informed the Council that nomination for Council and Mayor would open December 4, 1975. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Mitchell and unanimously carried. The meeting adjourned at 8:50 p.m. RECORDED BY: MURRAY L. WARDEN City Clerk M Ardith Davis Deputy City Clerk 11 lJ CE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, November 10, 1975, 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 Bill and Freda Hart from Planning Commission denial of a request for zoning change from R-1 to R-2, Lots 1-16, Block 8, Morro Bay Vista Tract #1, (bordered by Allesandro Street, Bella Vista Drive, Las Tunas Street and Kings 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: October 28, 1975 FRED R. DONOHOO, Mayor City of Morro Bay, California By:/ . L. WARDEN, City Clerk i n CITY OF MOR1i0 BAY AGENDA - CITY COUNCIL MEETING November 10, 1975 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR NOTICE All matters listed under Item A, Consent Calendar, are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A-1 Minutes of the regular meeting of October 27, 1975 A-2 Minutes of the executive meeting of October 27, 1975 A-3 Expenditure Report 10-16-75 through 10-31-75 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Resolution No. 79-75 approving sublease on portion of Lease Site No. 18, Myers (RECOMMEND ADOPTION) A-6 Resolution No. 77-75 approving agreement with the Morro Bay Garbage Service for refuse service (RECOMMEND ADOPTION) A-7 Resolution No. 78-75 amending Resolution No. 24-75 which estab- lished Underground Utility District No. 2 (RECOMMEND ADOPTION) A-8 Approval of expending $3223.05 to make annual payment of Hydraulic Sewer Rodder (RECOMMEND APPROVAL) HEARINGS, APPEARANCES AND REPORTS B-1 Appeal of Bill and Freda Hart from Planning Commission denial of a request for zoning change from R-1 to R-2, Lots 1-16, Block 8, Morro Bay B-2 Report of City Attorney regarding Cable TV Franchise B-3 Recommendations by City Administrator for conversion of police women . to full time patrol functions in compliance with Civil Rights legislation NEW BUSINESS C-1 Consideration of Planning Commission recommendation for approval of mobile photo studio at Rose's Landing, 723 Embarcadero C-2 Consideration of petition regarding property located at 3210 North Main Street C-3 Consideration of proposed agreement for County Health services C-4 Consideration of City use of the Municipal Court Building C-5 Increase in workmen's compensation rates for police and fire employees UNFINISHED BUSINESS D-1 Ordinance No. 142 amending. the Zoning Map - second reading INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator Added Added n LJ CITY OF MO.RRO BAY AGENDA - CITY COUNCIL MEETING November 10, 1975 7:30 p.m. Morro Bay Recreation Hall Call to Order Fledge of Allegiance Invocation Roll Call CONSENT CALENDAR All matters listed under Item A, Consent Calendar, are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A=1 Minutes of the regular meeting of October 27, 1975 A-2 Minutes of the executive meeting of October 27, 1975 A-3 Expenditure Report 10-16-75 through 10-31775 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Resolution No. 79-75 approving sublease on portion.of Lease Site No. 18, Myers (RECOMMEND ADOPTION) A-6 Resolution No. 77-75 approving agreement with the Morro Bay Garbage Service for refuse service (RECOMMEND ADOPTION) A-7 Resolution No. 78-75 amending Resolution No. 24-75 which estab- lished Underground Utility District No. 2 (RECOMMEND ADOPTION) A-8 Approval of expending $3223.05 to make annual payment of Hydraulic Sewer Rodder (RECOMMEND APPROVAL) A-9 Approval of awarding bid for one -ton dump truck to Palla Equip- ment in the amount of $9,585.40 and transferring .$385.40 from reserve (RECOMMEND APPROVAL) A-10 Approval'of landscaping costs for Centennial Stairway grounds (RECOMMEND APPROVAL) HEARINGS, APPEARANCES AND REPORTS B-1 Appeal of Bill and Freda Hart from Planning Commission denial of a request for zoning change from R-1 to R-2, Lots 1-16, Block 8, Morro Bay B-2. Report of City Attorney regarding Cable TV Franchise B-3 Recommendations by City Administrator for conversion of police women.:: to full time patrol functions'in compliance with Civil Rights legislation NEW BUSINESS C-1 Consideration of Planning Commission recommendation for approval of mobile photo studio at Rose's Landing, 723 Embarcadero C-2 Consideration of petition regarding property located at 3210 North Main Street C-3 Consideration of proposed agreement for County Health services C-4 Consideration of City use of the Municipal Court Building C-5 Increase in workmen's compensation rates for police and fire employees UNFINISHED BUSINESS D-1 Ordinance No. 142 amending the Zoning Map - second reading ' INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator 6 MINUTES -, MORRO BAY CITY COUNCIL Regular Meeting November 10, 1975 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. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of October 27, 1975 A-2 Minutes of the executive meeting of October 27, 1975 A-3 Expenditure Report 10--16-75 through 10-31-75 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 RESOLUTION NO. 79-75 approving sublease on portion of Lease Site No. 18, Myers (RECOMMEND ADOPTION) A-6 RESOLUTION NO. 77-75 approving agreement with the Morro Bay Garbage Service for refuse service (RECOMMEND ADOPTION) A-7 RESOLUTION NO. 78-75 amending Resolution No. 24-75 which established Underground Utility District No. 2 (RECOMMEND ADOPTION) A-8 Approval of expending $3223.05 to make annual payment of Hydraulic Sewer Rodder (RECOMMEND APPROVAL) A-9 Approval of awarding bid for one -ton dump truck to Palla Equipment in the amount of $9,585.40 and transferring $385.40 from reserve (RECOMMEND APPROVAL) A-10 Approval of landscaping costs for Centennial Stairway grounds (RECOMMEND APPROVAL) Mr. Warden reviewed all items on the Consent Calendar and re- quested that Item A-10 be withdrawn from the Consent Calendar as he had additional information on that subject he wished to relate to Council. Item A-10 was scheduled as Item C-la MOTION: Councilman Jennings moved for the approval of the Consent Calendar, Items A-1 through A-9, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote.. HEARINGS, APPEARANCES AND REPORTS B-1 Appeal of Bill and Freda Hart from Planning Commission denial of a request for zoning change from R-1 to R-2, Lots 1-16, Block 8, Morro Bay Mr. Nuzum, Planning Director, reviewed this matter for Council. He stated that a petition had been received from owners of five lots on the block. The petition had been presented by Bill and Freda Hart who wish the block to be changed from R-1 to R-2 so that they can build a duplex on their property. Mr. Nuzum discussed the alter- natives and the type of development presently in the area. He felt that it would be proper to change the zoning to R-2 if the block were MINUTES - MORRO BAY CITY COUNCIL Regular Meeting No 10,1975 Page Two not already developed, however, it is that in view of this, he did not feel vantage to rezoning the area; on the particular disadvantages either. 77% developed. He stated that there would be an ad - other hand, there are no Mr. NUZUM stated that the Planning Commission had found that the proposed rezoning would have no advantages for the City and, therefore, denied the request. Councilman Pipitone asked if this property had been zoned R-2 at any time previous to the City's incorporation. Mr. Nuzum stated that he had no information to that effect, however, the property had not been zoned R-2 since the city's incorporation. There was discussion on this matter and it was felt that the proposed updating of the General Plan should be reviewed before any changes of this nature were made. MOTION: Councilman Jennings moved that the appeal of Bill and Freda Hart be denied. The motion was seconded by Councilman Mitchell and unanimously carried. B-2 Report of City Attorney regarding Cable TV Franchise Mr. LeSage stated that the Council had granted an increase in Cable TV rates in October, 1974, in anticipation of the Cable TV company agreeing to provide additional channels and additional im- provements of the Cable TV system. If the Central California Communication Corporation fails to implement these changes, the City could lower the rates, but only if they are guilty of a breach of contract. They could, however, be excused for a reasonable delay in performance due to conditions beyond their control. This is essen- tially the position maintained by the Cable TV company in making their presentation before the Council in October. Mr. LeSage suggested that an amendment to the present ordinance necessitated by the Federal Communications Commission may open the terms of the entire contract and give the Council an opportunity to lower the rates if they feel it is necessary to do so. Councilman Brown stated that the Central California Communications Corporation is selling a service and should not be able to rely on another company's failings in order to avoid performing. He would like to see a public hearing date set for the consideration of lowering the rates due to their failure to live up to the contract terms. There was further discussion on the matter with Mr. LeSage stating that he is working on an amendment to the ordinance to comply with FCC regulations and that he would hope to have the draft back to Council by the next meeting. B-3 Recommendations by City Administrator for conversion of police women to full time patrol functions in compliance with Civil Rights legislation Mr. Warden informed the Council that the 1974 Civil Rights legislation placed requirements on governmental agencies for ethnic, E Is MINUTES MORRO Regular Meeting Page Three BAY CITY COUNCIL November IQ, 1975 racial and sex reasons. This affects the women on the Police De- partment who wish to be considered Officers rather than Police Women. To date, Police Women have been -doing less than is required of a male officer. Mr. Warden has been discussing the transition of the female officers to Patrol Officers with the Chief, the officers involved and their Association attorney. Mr. Warden sug- gested that the Council consider the following policy: 1. Offer all women on the force the opportunity to make the transition from Police Woman to Patrol Officer. 2. Those not desiring to make the transition be allowed to remain as Police Service Assistant. This allows them to maintain their safety employee status in the Public Employees Retirement system which is very important to them. 3. The City would continue the Police Service Assistant cate- gory until any and/or all in.cumbents transition, retire or leave the force. 4. The women would be subject to the same standard training period as any newly hired Patrol Officer. 5. They would be on a one-year probation period, which could be minimized because of the years of employment already passed. 6. All would be required to take a physical examination. 7. Those women not qualifying for Patrol Officer status be allowed to revert to the Police Service Assistant status and current pay status. Mr. Warden informed the Council that Mr. Jeffry,Watts, Police Officer, had submitted his resignation from the force. He suggested that the position not be filled outside the Department, but that one of the Police Women replace him, therefore, the City would only have two officers over current strength assuming all women qualify for patrol duty. One additional dispatcher would have to be hired to replace the women for the desk work they are currently performing. Councilman Mitchell asked why it was necessary to have the women take physicals. Mr. Warden stated that because of the additional stress and hazardous situations required of Police Officers, it is advisable in view of disability claims. Less than 2% of their time as Police Women has been spent on patrol activities. Mr. Warden advised the Council that he had received the con- currence of two of the Police Women and their attorney in the concepts proposed. MOTION: Councilman Jennings moved that Council accept the recommendations of the City Administrator on the subject of conversion of Police Women to patrol status and direct that it be imple- mented to satisfy the Civil Rights legislation. The motion was seconded by Mayor Donohoo and unanimously carried. r MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL - November 10, 1975 Mr. Warden advised the Council that he and the Chief had been exploring reorganization possibilities within the Police Department. He proposed to Council that they approve elimination of the position of Assistant Chief. As proposed, the Captain would be in charge of Day Watch and responsible for the detective,technical services, training and maintenance functions. The Sergeants would be in charge of Night, Morning and Weekend Watch and be directly responsible to the Chief, thereby providing direct contact with the Chief. MOTION: Mayor Donohoo moved that Council concur with the recommendation for reorganization of the Police Department. The motion was seconded by Councilman Jennings and unanimously carried. NEW BUSINESS C-1 Consideration of Planning Commission recommendation for approval of mobile photo studio at Rose's Landing, 723 Embarcadero Mr. Warden explained that Mr. Gawlowski was requesting permission to operate a mobile photo studio in the parking lot of Rose's Landing on the Embarcadero. The Planning Commission had approved this use for a six month period subject to Council approval. There was discussion as to whether the Council wanted a temporary structure on the Embarcadero for six months'. 'Councilman Pipitone noted that it would be removed every night. Mr. LeSage suggested that if Council approved the request, they include in their motion that the structure be allowed for a period of only six months. MOTION: Councilman Jennings moved that Council grant approval of the request based on the recom- mendations of the Planning Director and that a six month period be specified as the length of time the structure will be at the location. The motion was seconded by Councilman Brown. Councilman Mitchell stated that he is not in favor of the request because of the carnival nature of the structure. Also, Council disapproved a previous rezoning request because it served no advantage to the City. He can see no advantage to the City in allowing this business to occupy a place on the Embarcadero. Mayor Donohoo stated that `.he agreed with Councilman Mitchell; that once this use is established, it would probably last for longer than a six month period. Mr. Gawlowski assured the Council that the location requested is the last resort request as he has looked everywhere for a location. He will continue looking for a permanent location, however, and will in any case be out of the Rose's Landing area in six months. The motion was carried on the following roll call vote: AYES: Councilmen Brown, Jennings, and Pipitone NOES: Councilman Mitchell and Mayor Donohoo MINUTES , MORRO BAY CITY COUNCIL Regular Meeting - November 10,,1975 Page Five Mr. Warden stated that he would bring an amendment to the lease at the next Council meeting as this action requires a change in use to the basic lease.. C-la-Approval of landscaping costs for Centennial Stairway grounds Mr. Warden stated that he originally intended to ask the Council for approval of expending $1684.06 for landscaping areas at the Centennial Stairway. Since this item was placed on the agenda, several donations have been received which lowers the amount needed. From the Centennial Committee, $650; from Owen and Julie Menard, $100; from the Breakers, $500; from Dick and Barbara Baynham, $100; and from Jack Jennings in the name of his children, $100. This comes to a total donation of $1450 which leaves a balance.of .$234.00 requiring Council approval. MOTION: Mayor Donohoo moved for the approval of expending $300.00 for the landscaping of the Centennial Stairway and that this money be transferred from reserve. The motion was seconded by Councilman Mitchell and unanimously carried. C-2 Consideration of petition regarding property located at 3210 North.Main Street`., Mr. Warden stated that the property owner of 3210 Main Street had been before Council in October, 1971,•requesting that the building on the property be utilized for storage. The Council denied the use due to the dilapidated condition of the property. Mr. Warden is in receipt of a petition from property owners and residents in the area requesting that the nuisance aspects of the property be abated. The property owners have declined to bring the structure up to Code because of the costs. Mr. Warden suggested that the owner of the property be contacted notifying him of the necessity to make the property unaccessible to the public in its present condition or to demolish the building. MOTION: Councilman Mitchell moved that Council adopt the recommendations of the City Administrator and direct the City Attorney to undertake con- demnation proceedings. The motion was seconded by Councilman Brown and unanimously carried. C-3 Consideration of proposed agreement for County Health services Mr. Warden stated that Council was in receipt of a proposed agreement for the County to act for the City in processing health violations. Mr. Warden stated that his only objection to the agreement is the fact that the County wants to charge the City $40.00 per month when all other cities in the County of like size are charged $10.00 per month with San Luis Obispo paying $50.00. Mr. Warden suggested entering the agreement on the same basis as the Cities of Paso Robles, Pismo Beach and Grover City, but indicate Morro Bay's willingness to conform to a fee schedule comparable to all entities in the County when such a schedule has been agreed to by all parties. rI MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL -, November 10, 1975 MOTION: Councilman Mitchell moved that Council adopt the recommendations of the City Administrator with regard to the agreement with the County for Health Services. The motion was seconded by Councilman Jennings and unanimously carried. C-4 Consideration of City use of the Municipal Court Building Mr. Warden reported on the conditions of the Municipal Court Building and the repairs needed if the City was to consider occupying the building for any reason. The repairs needed are extensive and, also, there is little off-street parking which could present a use_. problem. Mr. Warden is unable to get a definite figure for renting the building from the County. Councilman Mitchell suggested establishing a committee to re- view possible uses for the building. Mr. Warden was directed to get a definite figure from the County for the use of the building and, if possible, this figure should be a nominal one. Mr. Warden stated that he would report back to Council. C-5 Increase in workmen's compensation rates for police and fire employees Mr. Warden stated that because of the Soby/Heart decision re- garding retired safety employees suffering heart attacks after several years' retirement, workmen`s compensation rates are in- creasing. This is a mandated charge and requested Council's auth- orization to transfer $2500 from reserve to cover the increase in rates. MOTION: Councilman Jennings moved for the approval of transferring $2500 from reserve to cover the increase in rates in workmen's compensation. The motion was seconded by Councilman Mitchell and unanimously carried by roll call vote. UNFINISHED BUSINESS D-1 ORDINANCE NO. 142 amending the Zoning Map - second reading MOTION: Councilman Jennings moved that Ordinance No. 142 be read by title only. The motion was seconded by Councilman Mitchell and unanimously carried. Mr. Warden read Ordinance No. 142 by title only. MOTION: Councilman Jennings moved for the adoption of Ordinance No. 142 and that this constitute the second and final reading of Ordinance No. 142. The motion was seconded by Councilman Mitchell and carried on the following roll call vote: AYES: Councilmen Jennings, Mitchell and Mayor Donohoo NOES: Councilmen Brown and Pipitone 1] MINUTES - MORRO Regular fleeting Page Seven BAY CITY COUNCIL - November 10, 1975 INDIVIDUAL DETERMINATION 'AND/OR ACTION E`l City Council (1) Councilman Brown commented on the Council's approval last year of increase in subsidy to the ambulance service because of living costs, expenses, payroll, etc; and now the am- bulance company comes up with an extremely expensive new ambulance. Mr. Warden stated that the Council would be consulted before any future rates went into effect. Councilman Pipitone suggested that another study be made of the costs to the City if the City went into the ambulance service business itself. He felt the City might be able to at least save the individual user money. Mr. Warden said that he would review the matter and get back to Council. " E=2 City Attorney Mr. Leaage had nothing to report at'this time. E-3 City Administrator (1) Mr. Warden requested an executive session to discuss possible litigation. (2) The Council was informed that P. G. & E. will have an oil spill drill November 13, 1975, at 1:00 p.m. (3) The Council was advised that The League of California Cities, Channel Counties Division, will meet in Santa Barbara on November 14, 1975, and asked who would attend. Mayor Donchoo and Councilman Brown indicated that they would go. (4) Mr. Warden reviewed information received from the City of Thousand Oaks regarding the Channel Counties Division meeting on Friday. (5) Mr. Robert Sanders! letter submitting his resignation from the Planning Commission effective December 31, 1975, was presented to the City Council. MOTION: Councilman Mitchell moved that Staff proceed with re- cruiting applications for this position. The motion was seconded by Councilman Jennings and unanimously carried. (6) A request from the Chamber of Commerce for use of the City Recreation Hall and Teen Center to house parade entrants for the Chamber festivities this weekend has been received. If Council has no objections, the City Administrator recommends approval. Council had no objections. (7) Mr. Warden stated that he was going to bring a matter to the Council at the next regular meeting regarding a request from Ralph Gunther to waive the requirement for a fire wall on his lease site because of the close proximity of the two lease sites. Mr. Warden stated that his recommendation would be contingent on, and be only for as long as, the two lease sites are together. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - November 10, 1975 Page Eight ADJOURNMENT MOTION: Councilman Jennings moved that the meeting adjourn to executive session to discuss litigation matters. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned to executive session at 9:27 p.m. and returned to regular session at 9:40 p.m. MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned at 9:40 p.m. RECORDED BY: MURRAY L. WARDEN City Clerk Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING October 27, 1975 Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR NOTICE All matters listed under Item A, Consent Calendar, are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A-1 Minutes of the regular meeting of October 13, 1975 A-2 Minutes of the executive meeting of October 13, 1975 A-3 Expenditure Report 10-1-75 through 10-15-75 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Appeal of Bill and Freda Hart from Planning Commission denial of rezoning request (SET HEARING DATE FOR 11-10-75) A-6 Approval of agreement with Caltrans for Federal -Aid Urban System project (RECOMMEND APPROVAL) A-7 Resolution No. 73-75 approving grant of Use Permit Agreement to Morro Bay Chamber of Commerce for Gibraltar of Pacific Parade (RECOMMEND APPROVAL) A-8 Resolution No. 74-75 approving grant of Use Permit Agreement to Morro Bay Chamber of Commerce for Skate Board Contest (RECOMMEND APPROVAL) A-9 Resolution No. 75-75 approving grant of Use Permit Agreement to Morro Bay Chamber of Commerce for use of City Park (RECOMMEND APPROVAL) A-10 Resolution No. 76-75 accepting work and giving notice of comple- tion for construction of the Atascadero Beach Water Main Phase II (RECOMMEND APPROVAL) HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of Misbeth Wollam, County Clerk, regarding Datavote voting system B-2 Appearance of Bertram B. Townsend regarding County -Wide Solid Waste Management Plan B-3 Report on Fire Fighters antique fire engine restoration B-4 Report on justification for ambulance rate increases B-5 Public hearing and first reading of Ordinance No. 142 regarding zoning change on the northwest corner of Main Street and Surf UNFINISHED BUSINESS None NEW BUSINESS None INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 27, 1975 - 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. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of October 13, 1975 A-2 Minutes of the executive meeting of October 13, 1975 A-3 Expenditure Report 10-1-75 through 10-15-75 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Appeal of Bill and Freda Hart from Planning Commission denial of rezoning request (SET HEARING DATE FOR 11-10-75) A-6 Approval of agreement with Caltrans for Federal -Aid Urban System project (RECOMMEND APPROVAL) A-7 RESOLUTION NO. 73-75 approving grant of Use Permit Agreement to Morro Bay Chamber of Commerce for Gibraltar of Pacific Parade (RECOMMEND APPROVAL) A-8 RESOLUTION NO. 74-75 approving grant of Use Permit Agreement to Morro Bay Chamber of Commerce for Skate Board Contest (RECOMMEND APPROVAL) A-9 RESOLUTION NO. 75-75 approving grant of Use Permit Agreement to Morro Bay Chamber of Commerce for use of City Park (RECOMMEND APPROVAL) A-10 RESOLUTION NO. 76-75 accepting work and giving notice of completion for construction of the Atascadero Beach Water Main Phase II (RECOMMEND APPROVAL) Mr. warden reviewed all items in the Consent Calendar. MOTION: Councilman Mitchell moved for the approval of the Consent Calendar, Items A-1 through A-10, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Jennings. Councilman Brown asked about more than one check written for the same business with one check having "continued" written after it on the Expenditure Report. Mr. Dowell explained that this is a computer function wherein the computer lists all invoices being paid by a check and the list makes it necessary to use two checks for identification purposes. Councilman Pipitone asked about the Chamber of Commerce Use Permits. He wondered why they were not using Keiser Park for their activities. Mr. Warden stated that the site used depends on the activities involved and the Chamber sees the City Park as the better location for these activities. Councilman Pipitone also asked if arrangements were being MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 27, 1975 Page Two made for the residents living on Nassau to come and go from their homes while the skate board contest is in progress. Mr. Warden referred the matter to the Chief of Police, who stated that he had not reviewed the matter. Council members agreed that this matter should be deleted from the agenda until the Chief of Police re- views the situation. MOTION: Councilman Mitchell amended his motion to delete Item A-8 from the approval of the Consent Calendar. The amendment was accepted by Councilman Jennings and the motion was unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of Misbeth Wollam, County Clerk, regarding Datavote voting system Mr. Warden explained that the County had revised their voting system and were now going to use the Datavote-type system for voting. Ms. Wollam, County Clerk, was present to explain this system to the Council. Ms. Wollam explained that the reasons for changing to the Datavote system were because it is more efficient, faster, and a simpler system to operate than the old voting machines. She said that the cities in the County have a choice between the new system and paper ballots, as all the old voting machines have been sold. The cities will, however, be using the Datavote system in all County and State-wide elections and would only use the paper ballots in their own municipal elections,if they chose to do so. Ms. Wollam demonstrated the operation of the machine and stated that there is minimum maintenance, storage and repair of these machines. Mr. Warden informed the Council that the cost to the City will be approximately $300 to $400 more than previous elections. One of the disadvantages to the Datavote system is that the ballots must be transferred to the County Courthouse and tallied by their computer; the cities will be unable to get an unofficial tabulation as they have in the past as soon as the dolls close. The Datavote system is also more expensive due to the type of cards and envelopes required for the ballots and the computer time necessary to tab- ulate the ballots. Paper ballots are less expensive, however, it will be an additional burden on the precinct workers, since they will have to count the ballots after the polls close and after having worked over twelve hours. Mr. Warden informed the Council that he needed a determination as to whether they wished to contract with the County for Datavote services or have a paper ballot election for the municipal election in March. This decision needs to be made this evening since there is a time factor involved in letting the election supplier know the system the City intends to use. Mr. Warden noted that, in view 0 MINUTES MORRO Regular Meeting Page Three BAY CITY COUNCIL - October 27, 1975 of the disadvantages of the paper ballot system, he recommends going with the County on the Datavote system. MOTION: Councilman Jennings moved that Council adopt the Datavote system and contract with the County for future elections. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. B-2 Appearance of Bertram B. Townsend regarding County -side Solid Waste Management Plan Mr. Townsend reviewed the Committee's progress on the plan thus far. A good number of present practices in solid waste management are being continued, however, some significant changes are being proposed; one is mandatory garbage collection. Another is implementing a system whereby users would separate their garbage by papers, aluminum cans, glass, etc. There are proposed pro- visions for protection of the public from hazardous waste, control and abatement of litter, resource recovery, storage and handling, etc. Mr. Townsend thanked the Council for their time and stated that he hoped to have a plan for their consideration by December. RECESS: 8:40 p.m. RECONVENED: 8:44 p.m. B-3 Report on Firefighters antique fire engine restoration Mr. Warden reviewed the City Attorney's memo which discusses the options the Council has in order to allow the storage of the antique fire truck in the fire station. They could either ac- quire title to the fire truck or allow title to remain with the Firefighters Union. Both options require certain insurance lia- bility requirements in addition to which Council is being asked to make a policy determination as to whether the Firefighters should be allowed to work on the vehicle during duty shifts after regular office hours; that is, between the hours of 5:00 p.m. and 8:00 a.m. Mr. Warden advised the Council that if they wish to acquire the vehicle, the cost will be $3000. Also, the Firefighters wish to use the truck in various musters throughout the State, which was the purpose of acquiring the truck in the first place. This will pose additional exposures to liability by the City. Another item is the storage of the City vehicle which will be removed by placing the antique fire truck in the station. Mr. Warden advised that a tarpaulin will cost approximately $130, however, this type of storage may cause damage to the paint on the vehicle. A lean-to shed will cost approximately $264. Mr. Warden suggested a fully enclosed storage shed since the vehicle to be stored there will be replaced eventually and storage will be needed for a new vehicle. There was discussion regarding the Firefighters working on the vehicle during duty time in specified hours. Councilman Pipitone stated that the object of putting the vehicle in the station is to allow the on -duty man to work on it during after MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 27, 1975 Page Four office hours; otherwise, the truck could be stored anywhere. There was further discussion on the matter with Mr. Warden maintaining that the hours from 5:00 p.m. to 8:00 a.m. are all on -duty hours but used primarily for rest and for emergency responses. MOTION: Councilman Jennings moved that Council go on record making a policy determination that the Firefighters Union be allowed to work on duty shifts as suggested in the memo from the City Attorney; also, title of the vehicle shall remain with the Firefighters Union; the Firefighters Union shall secure a policy of vehicle insurance and the City will be named as additional insured, the Fire- fighters shall agree to indemnify the City against any claims or losses arising from the use of the vehicle; no painting or use of volatile substances will be permitted on the premises; and, the Firefighters shall acquire a general liability insurance for the protection of their members. The motion was seconded by Councilman Mitchell and carried with Mayor Donohoo voting no. MOTION: Councilman Jennings moved that Staff be _directed to implement the construction of the carport at the Fire'Station as has been out- lined for $264 and that the funds for this be transferred from Reserve. The motion was seconded by Councilman Brown and carried with Mayor Donohoo voting no. Councilman Jennings indicated that he would like to hear if the situation arises wherein the Firefighters on duty are becoming too fatiqued to do their duties as a result of spending too much time working on the antique fire truck. B-4 Report on justification for ambulance rate increases Mr. Warden reported that the City has a Joint Powers Agreement with the County for ambulance services. This agreement is separate from the one the County has with Bay Ambulance Service in which the rates Mr. Barker is allowed to charge -are set forth. The City, therefore, has no say in the approval of these rates by the Board of Supervisors except when a request is made by Bay Ambulance in the future to raise the rates because of increases in the Cost of Living. At that time, the County must consult the City before approving any rate increases. Councilman Mitchell asked how the rates of Bay Ambulance com- pared with other cities. Mr. Dowell stated that they are comparable, however, the $45.00 transport fee is the maximum allowed. Council- man Mitchell asked if his gasoline charges were also the charges of using the ambulance as a personal vehicle: Mr. Warden said yes, since Mr. Barker is on call all the time. Councilman Jennings suggested that the rates be lowered when the new ambulance is paid off. Council members felt that Mr. MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL - October 27, 1975 Warden should attempt to amend the present Joint Powers Agreement to include that the City be notified of any changes in ambulance rates and that the Council has to approve such increases. B-5 Public hearing and first reading of Ordinance No. 142 regarding zoning change on the northwest corner of Main Street and Surf MOTION: Councilman Jennings moved that Ordinance No. 142 be read by title only. Councilman Brown stated that he would like some explanation from the Planning Director as to why this zoning change is not considered spot zoning; Mr. Warden stated that the Council needs to have a public hearing on the zoning change; and Mr. LeSage stated that the Council needs to have Findings of Fact before a zoning change. Councilman Jennings withdrew his motion. Mr. Nuzum stated that a request had been made to rezone Lots 58 and 59, Block 31, Atascadero Beach Tract, located at the north- west corner of Main Street and Surf Street from R-3 to C-1. The Planning Commission approved the request on October 6, 1975. Mr. Nuzum stated that this is the only corner on Main Street between Pacific Street and the freeway overpass that is not zoned com- mercial uses and traffic flow on Main Street make it more com- mercial than residential. The recommendation is to rezone the subject lot to C-1, S-8; the S-8 designation giving the Planning Commission control over the development. There was considerable discussion on this matter with Councilman Mitchell asking if this might be zoned otherwise when the Council is in receipt of the updated General Plan. Mr. Nuzum feels that this is the way that it will be zoned in the General Plan; the traffic pattern of the area makes this zoning right. There was also discussion with regard to transitional uses which could be requested by adjoining parcels. Mayor Donohoo declared the hearing open at 9:30 p.m. and called for presentations with regard to the proposed zoning change. As there were no comments, the hearing was closed at 9:30 p.m. Mr. LeSage stated that the Council needs to make a Finding of Fact, i.e., the zoning change is not likely to have a signifi- cant impact; the area of the proposed zoning change is of heavy commercial use; there is commercial uses on the other three corners; the S-8 condition has been applied to other commercial uses in the City. MOTION: Councilman Jennings moved that the Council adopt the findings of the Planning Director and the City Attorney as Findings of Fact. The motion was seconded by Councilman Mitchell and carried with Councilmen Brown and Pipitone voting no. Councilman Brown stated that he is of the opinion that the MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL - October 27, 1975 proposed zoning is spot zoning. MOTION: Councilman Jennings moved that Ordinance No. 142 be read by title only. The motion was seconded by Councilman Mitchell and unanimously carried. Mr. Warden read Ordinance No. 142 by title only. MOTION: Councilman Jennings moved that this con- stitute the first reading of Ordinance No. 142. The motion was seconded by Mayor Donohoo and carried on the following roll call vote. AYES: Councilmen Jennings, Mitchell and Mayor Donohoo NOES: Councilmen Brown and Pipitone Councilman Jennings asked about the requirement for Findings of Fact. Mr. LeSage stated that courts are now requiring that these findings must be made in order to have a record of the reasons for zoning changes. A-8 Resolution No. 74-75 approving grant of Use Permit Agreement to Morro Bay Chamber of Commerce for Skate Board Contest Mr. Warden stated.that Richard Palmer,'Chamber of Commerce Manager, had just informed him that he wished to speak to the Council on the skate board contest which they deferred earlier. Mr. Palmer explained that his publicity regarding this matter is prepared and he wished Council approval at this meeting so that plans can go ahead as scheduled. He has discussed the matter with the Chief of Police and he sees no problem in the skate board contest. Chief Schacht said that the Chamber is guaranteeing that the residents in the area will be able to gain access and leave their homes during the contest as necessary; only extra vehicular traffic will be deferred. He sees no problem and re- commends approval. MOTION: Councilman Jennings moved for the approval of Resolution No. 74-75. The motion was seconded by Councilman Brown and unanimously carried. INDIVIDUAL -DETERMINATION AND/OR ACTION E=1 City Council (1) Councilman Brown asked if the City Attorney had investi- gated the possibility of rescinding Cable TV increases if they fail to comply with their schedule as stated at the last Council meeting. Mr. LeSage stated that he has a memo which he will bring for the Council's next meeting. Basically, it appears that the Council cannot decrease the rates since Cable TV is com- plying with as many of the conditions as possible and the Microwave company is a sub -contractor apparently delayed because permit con- ditions beyond their control. However, the present franchise may 0 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 27, 1975 Page Seven need amending due to Federal Communications Commission regulations and, at that time, it may be possible for the Council to adjust the rates if that action seems appropriate. (2) Councilman Pipitone commented on the eucalyptus trees which have been dut down on the bluff overlooking the Embarcadero. Mr. Warden stated that there are no City provisions prohibiting people from cutting down trees on private property. The Coastal Commission has specified restrictions on tree removal as a direct action of permit applications within the permit zone. (3) Mayor Donohoo stated that the State is going to dis- mantle the Fairbanks house on the property in the State Park. E_2 City Attorney (1) Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden requested an 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 9:50 p.m. and returned to regular session at 10:05 p.m. MOTION: Councilman Pipitone moved that the meeting be adjourned. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 10:05 p.m. RECORDED BY: MURRAY L. WARDEN City Clerk By: 6 � _ ArdithDa vis Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING October 13, 1975 Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR NOTICE All matters listed under Item A, Consent Calendar, are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A-1 Minutes of regular meeting September 22, 1975 A-2 Minutes of executive meeting September 22, 1975 A-3 Minutes of special meeting September 29, 1975 A-4 Financial Condition Report, 7-1-75 through 9-30-75 (RECOMMEND APPROVAL) A-5 Expenditure Report 9-16-75 through 9-30-75 (RECOMMEND APPROVAL) A-6 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-7 RESOLUTION NO. 69-75 amending employee holiday resolution (RECOMMEND ADOPTION) A-8 RESOLUTION NO. 70-75 accepting work and giving notice of completion for the installation of chlorine residual analyzer at the Morro Bay-Cayucos Wastewater Treatment Plant (RECOMMEND ADOPTION) A-9 RESOLUTION NO. 72-75 approving Comprehensive Employment and Training Act of 1973 Work Experience Agreement with the County of San Luis Obispo (RECOMMEND ADOPTION) A-10 Claim of Drew and Sharon Brandy for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT) A-11 Claim of William J. Makowetski for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT) A-12 Claim of Bill Dahlgren DBA 7-11 Market for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT) A-13 Request of Morro Bay High School to hold Annual Homecoming bonfire on October 30, 1975. (RECOMMEND APPROVAL) HEARINGS, APPEARANCES AND REPORTS B-1 Presentation of Auto Club Safety Award, to Police Department B-2 Cable T.V. report on current reception problems B-3 Request of Red and Reamer for zone change. (RECOMMEND SCHEDULING FOR OCTOBER 27, 1975 COUNCIL MEETING) UNFINISHED BUSINESS C-1 ORDINANCE NO. 141, adding a new section regulating garage sales second reading C-2 Disposition of parking citations C-3 Request of AFL-CIO Morro Bay Firefighters Local #1855 for use of Fire Station to restore antique fire engine C-4 Centennial Stairway dedication ceremonies C-5 Consideration of bids for purchase of 4-door sedan AGENDA - October 13, 1975 Page 2 NEW BUSINESS D-1 Request for water service outside City limits D-2 Approval of Air Pollution Control District lease D-3 FAU Project - Beachcomber Avenue D-4 RESOLUTION NO. 71-75 setting permit fees for mobilehome and trailer parks INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator 6 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 13, 1975 - 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 in- vocation. ROLL CALL PRESENT: Councilmen Brown, Jennings and Mayor Donohoo ABSENT: Councilmen Mitchell and Pipitone CONSENT CALENDAR A-1 Minutes of regular meeting September 22, 1975 A-2 Minutes of executive meeting September 22, 1975 A-3 Minutes of special meeting September 29, 1975 A-4 Financial Condition Report, 7-1-75 through 9-30-75 (RECOMMEND APPROVAL) A-5 Expenditure Report 9-16-75 through 9-30-75 (RECOMMEND APPROVAL) A-6 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-7 RESOLUTION NO. 69-75 amending employee holiday resolution (RECOMMEND ADOPTION) A-8 RESOLUTION NO. 70-75 accepting work and giving notice of completion for the installation of chlorine residual analyzer,at the Morro Bay-Cayucos Wastewater Treatment Plant (RECOMMEND ADOPTION) A-9 RESOLUTION NO. 72-75 approving Comprehensive Employment and Training Act of 1973 Work Experience Agreement with the County of San Luis Obispo (RECOMMEND ADOPTION) A-10 Claim of Drew and Sharon Brandy for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT) A-11 Claim of William J. Makowetski for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT) A-12 Claim of Bill Dahlgren DBA 7-Eleven Market for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT) A-13 Request of Morro Bay High School to hold Annual Homecoming bonfire on October 30, 1975 (RECOMMEND APPROVAL) Councilman Mitchell was present at 7:36 p.m. Mr. Warden reviewed all items on the Consent Calendar. He explained that since the insurance rates went up, the City is re- sponsible for all damage claims under $2500. He reviewed the City's maintenance plan for cleaning the sewer mains and stated that eventually all mains will have been cleaned at least once, thereby alleviating problems. MOTION: Councilman Jennings moved for the approval of the Consent Calendar, Items A-1 through A-13, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Presentation of Auto Club Safety Award to Police Department �7 0 MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL - October 13, 1975 Mr. Larry Sterling of the American Automobile Association presented the Morro Bay Police Department with an award because there had not been a pedestrial fatality in the previous year. This is the fifth time Morro Bay has won this award. The City competed with 900 other cities of like population throughout the country. B-2 Cable T. V. report on current reception problems Mr. Art Hapgood,representing Central California Communications Corporation, was present, along with representatives of the Micro- wave Corporation, to answer questions regarding Cable T. V. service. Mr. Warden stated that the City is concerned by the lack of performance thus far in complying with the agreement to hook up KTVU and KQED to the Cable T. V. system. The City is also concerned about the complaints received regarding fading of pictures. Mr. Hapgood explained that the problem is not with the Cable system, but with the microwave system. He called on Noel Young from Microwave Corporation to explain the problem. Mr. Young re- viewed the changes being made in the southern part of the central coast area to improve the microwave transmission. He stated that this must be completed before they can begin the hookup for KQED from San Francisco. He stated that, optimistically, the complete change would be accomplished by mid -November and absolutely before the first of 1976. Mr. Young emphasized that the problem is with the microwave system and not the Cable T. V. system. Councilman Brown stated that he would like the City Attorney to review the franchise and report as to the Council's possible recourse if the Cable T. V. people do not comply with the terms of the franchise and the items mentioned this evening are not im- plemented by the time period indicated. The Council had granted the increase in rates last year contingent upon these items being accomplished and Councilman Brown felt that the Council could res- cind the increase if the Cable T. V. people did not comply as set forth. The City Attorney indicated that he would investigate the matter and report back to Council. B-3 Request of Red and Reamer for zone change. (RECOMMEND 4 SCHEDULING FOR OCTOBER 27, 1975, COUNCIL MEETING) Mr. Warden stated that the Planning Commission had approved the request of Red and Reamer to change the zoning on two lots located at the northwest corner of Main and Surf Streets from R-3 to C-1, S-8. If Council concurs, the date set to hear this matter will be October 27, 1975. MOTION: Councilman Jennings recommended that the date of hearing for consideration of a zoning change be set for October 27, 1975. The motion was seconded by Councilman Mitchell and unanimously carried. UNFINISHED BUSINESS C-1 ORDINANCE NO. 141, adding a new section regulating garage sales - second reading MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL - October 13, 1975 MOTION: Councilman Jennings moved that Ordinance No. 141 be read by title only. The motion was seconded by Councilman Mitchell and unanimously carried. Mr. Warden read Ordinance No. 141 by title only. MOTION: Councilman Jennings moved for the adoption of Ordinance No. 141 and that this constitute the second and final reading of the ordinance. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. C-2 Disposition of parking citations Mr. Warden stated that the City now has the responsibility of accepting bail for parking citations since the Municipal Court has declined that administrative responsibility. The Police Department has been handling this matter since September 1st and the arrangement has been working satisfactorily. Mr. Warden had brought the matter to the Council earlier, however, there were not enough Council members to make a decision at that time and it was requested that the matter be deferred until there was a full Council present. Mr. Warden recommended that the procedure con- tinue to be handled at the Police Department. MOTION: Councilman Jennings moved that the dis- position of parking citations and collection of the bail money be handled at the Police Department, The motion was seconded by Mayor Donohoo. Councilman Brown asked Chief Schacht if he had encountered any problems with the situation so far. wChief Schacht stated that no major problems have occurred. The motion was unanimously carried. C-3 Request of AFL-CIO Morro Bay Firefighters Local #1855 for use of Fire Station to restore antique fire engine Mr. Warden stated that Council is in receipt of his memo regarding this matter and asked if they had any questions. Councilman Mitchell asked how Mr. Warden's position dis- approving the Firefighters' Union request would change if title to the vehicle was transferred to the City. Also, he understands that Firemen are allowed to work on their own vehicles after regular office hours, and cannot see that working on this project, restoring the antique engine, would be any different. Mr. Warden stated that problems still exist even if title to the vehicle is transferred to the City. Also, he is not aware that Firemen are working on their own vehicles during duty hours. This period is supposed to be a rest period for them. There was considerable discussion on this matter with regard to risk to the City and moving one of the City's vehicles outside 0 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL October 13, 1975 to make room for the fire engine. It was suggested that the City be named additional insured on the Firefighters' insurance and that a cover be made for the City's vehicle which would be placed outside. MOTION: Councilman Mitchell moved that this matter be referred to Staff to suggest appropriate solutions to the situation with the stated Policy of the Council being that they desire to provide for the vehicle in the Fire Station. The motion was seconded by Councilman Brown and carried on the following roll call vote: AYES: Councilmen Brown, Jennings and Mitchell NOES: Mayor Donohoo ABSENT: Councilman Pipitone Mayor Donohoo stated that he was voting against the motion because he feels that Council is not following the advice of the City Administrator and City Attorney with regard to the City's liability in this matter. Councilman Mitchell did not feel that it was against Staff's advice; that they had made recommendations as requested. Mr. Warden stated that he had disapproved the request as proposed. C-4 Centennial Stairway dedication ceremonies Mr. Warden reviewed the proposed Centennial Stairway dedication ceremonies which are planned for December 6, 1975, at 1:00 p.m. Mayor Donohoo Suggested that the Centennial Stairway Committee be recognized during the ceremonies for their considerable contribution to the Centennial Stairway project. Mr. Warden asked about funds for the ceremonies and Councilman Mitchell stated that some funds are in the Committee treasury and these could probably be used by the committee as necessary. C-5 Consideration of bids for purchase of 4-door sedan Council was in receipt of a memo from the Director of Public Works informing the Council that the low bid for the car to be used as an administrative staff car was submitted by Stanley Motors. There was discussion as to whether or not air conditioning was needed in the new car. Councilman Jennings and Mayor Donohoo felt that it was definitely necessary. MOTION: Councilman Jennings moved that Council award the bid to Stanley Motors in the amount of $4478.59 to include air con- ditioning. The motion was seconded by Mayor Donohoo and unanimously carried by roll call vote. NEW BUSINESS• D_1 Request for water service outside City limits MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL - October 13, 1975 Mr. Warden informed the Council that all requests for water service outside City limits must be approved by the Council. In this case, Mrs, Velma Bondietti is asking for service at old Highway 1 near San Luisita Creek Road. Water has previously been connected to two Caligari properties in the same area. It has been recommended by the Director of Public Works and the City Adminis- trator that this request be denied in view of the City's water supply problems. It is also recommended that all future requests for water connections outside City limits be denied until the City has a supplemental source of water. MOTION: Councilman Mitchell moved that Council deny the request of Mrs. Velma Bondietti for water service connection outside City limits. The motion was seconded by Councilman Jennings and unanimously carried. D-2 Approval of Air Pollution Control District lease Mr. Warden explained that the Air Pollution Control District uses City property located in the utility building at the Morro Bay Boulevard water tank yard for an air monitoring system. The Council can approve the lease for this building for another year by motion. MOTION: Mayor Donohoo moved that Council approve the renewal of the lease between the City and the County Air Pollution Control District for the period November 1, 1975 through October 31, 1976. The motion was seconded by Councilman Jennings and unanimously carried. D_3 FAU Project Beachcomber Avenue Mr. Warden stated that the Council had tentatively approved the Beachcomber project for FAU funds at budget time with the re- quest that Staff again present the detailed project to Council be- fore implementing it. Mr, Warden stated that in order to qualify for these funds, improvement must be of a minimum width. Mr. Warden showed the Council photographs where stakes outlined the width of the proposed improvement on Beachcomber. The increase width does not encroach on any private property, however, some property owners have extended their landscaping into City right-of-way and these will have to be removed. Council indicated that they were in agreement with the project. D-4 RESOLUTION NO. 71-75 setting permit fees for mobilehome and trailer parks MOTION: Councilman Jennings moved that Resolution No. 71-75 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 71-75 by title only. 0 0 MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL - October 13, 1975 MOTION: Councilman Jennings moved for of Resolution No. 71-75. The seconded by Councilman Brown carried. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council the adoption motion was and unanimously (1) Councilman Jennings asked about the effect on Morro Bay in the State allowing fishing in Whale Rock. Mr. LeSage stated that since the City only uses it during emergency situations and then is required to double chlorinate it, it will probably mean further treating of the water to make it safe for human consumption. (2) Councilman Jennings asked about the progress on the Council's recommendations to the Parks and Recreation Commission. Mr. Warden stated that since the meeting with the Parks and Recreation Commission had only been two weeks ago, he had nothing to report at this time. E_2 City Attorney Mr. LeSage requested an executive session to discuss pending litigation involving the Whale Rock case. E-3 City Administrator (1) Mr. Warden stated that he wished a clarification from Council regarding a recent policy set on lease sites. Several weeks ago, Council had determined that it was necessary for a twelve foot setback to be in effect on the water area between lease sites so that docking did not interfere with neighboring lease sites. There is a situation with the Pipkin lease which the Council has agreed to lease to Reg Whibley whereby he wishes to build the structure he proposes to include a portion of the dock. In order to follow Council direction for setback on the water area, he would have to cut into the structure as it goes over the water. His reasons for asking for an exception are that (1) there is no ad- joining lease holder on the north side of the lease site since this area is a street end and Council's policy is not to lease street ends; (2) the adjoining water area is too shallow to use for boating traffic. Councilman Mitchell stated that he would have liked the matter to be placed on the agenda with information to allow a more thorough examination of the problem. MOTION: Councilman Jennings moved that Council allow Mr. Whibley an exception to Council policy of twelve foot setbacks over water area lease sites. The motion was seconded by Councilman Brown and carried with Councilman Mitchell voting no. 0 0 MINUTES MORRO BAY CITY COUNCIL Regular Meeting - October 13, 1975 Page Seven (3) Mr. Warden stated that the City would have a hearing in the near future on the preliminary draft of the Dial -A - Ride project. He requested Council permission to advertise for the thirty day required period so that Council can hear the matter on November 24, 1975, Council concurred. (4) Mr. Warden requested an executive session to discuss litigation. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting adjourn to executive session to discuss litigation. The motion was seconded by Mayor Donohoo and unanimously carried. The meeting adjourned to executive session at 9:02 p.m. and returned to regular session at 9:36 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 9:36 p.m. RECORDED BY: MURRAY L. WARDEN City Clerk. By:Z� Ardith Davis Deputy City Clerk 6 A NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Monday, September 29, 1975, at 6:00 p.m., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California; with the Parks and Recreation Commission to discuss the following: 1. Funding for the development of Lila Keiser Park - program of priority for areas of development and implementation of plan. 2. Coleman Drive Park and Recreation conceptual study submitted to the Council in July of 1975 - any comments or follow-through desired. 3. Necessity of park for North Morro Bay - study and/or inquiry into acquisition of Eucalyptus grove east of Methodist Church. 4. Results of annual park review. 5. Rotating attendance of Council members at Parks and Recreation Commission meetings. 6. Items of mutual interest. DATED: September 25, 1975 FRED R. DONOHOO, Mayor City of Morro Bay, California owl'loe'A B . L. WARDEN, City Clerk a 6 MINUTES - MORRO BAY CITY COUNCIL Special Meeting September 29, 1975 - 6:00 p.m. Morro Bay Recreation Hall The meeting was called to order at 6:00 p.m. by Mayor Donohoo. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone,.Mayor Donohoo, Parks and Recreation Commissioners Crill, Keiser, Merzon, Morley, and Payne ABSENT: None Mayor Donohoo stated that the meeting had been called for the purpose of discussing matters with the Parks and Recreation Commission. 1. Funding for the development of Lila Keiser Park - program of priority for areas of development and im- plementation of plan. Commissioner., Merzon,stated that the Council had allocated $10,000 for improvement at Keiser Park and asked if the Council would like the Commission to make recommendations to the Council for these expenditures and if the Council had any ideas as to what they would like to see there in the way of improvements. He said that the Lions Club has offered to do some planting and con- struct the barbeque pit planned for the park. There was discussion relative to the Lions Club constructing the barbeque and it was the consensus that since the Commission and the Council are anxious to see the barbeque at the park as soon as possible, it would better to have it constructed by professionals and the Lions Club could channel the monies they wish to donate to the park improvements in other areas. It was noted that the Lions Club could only perform the work for the barbeque on weekends with volunteer help and this would probably take quite awhile to accomplish. Councilman Mitchell stated that he would like to see lights in the picnic area, however, the Commission stated that they had investigated lighting for the ballfield and the cost would be approximately $60,000 to $70,000. They will check to see if the costs for lighting the picnic area would be any less. Irrigation was also discussed. Councilman Mitchell stated that the Commission should be given a definite "yes" to their question as to whether the Council wants the Commission's recommendations for improvements to Keiser Park. Council concurred. Another suggestion for improvements at Keiser Park was the par -course concept. Mr. Warden suggested that representatives of the Lions Club get together with the Public Works Department and discuss what projects the Lions Club could do for the Park. Also, it might be possible for them to contribute to certain aspects of the barbeque construction. MINUTES - MORRO BAY CITY COUNCIL Special Meeting - September 29, 1975 Page Two It was noted that the Commission should follow the original plan for the development of Keiser Park and Mr. Warden stated that P. G. & E. had called and informed him that they would have to approve any changes to the original plan. 2. Coleman Drive Park and Recreation conceptual study submitted to the Council in July of 1975 - any comments or follow-through desired. Councilman Mitchell complimented the Commission on their study and plan for this area. He felt that if the plan could be implemented as a whole, there would be no objections to it by the public. Mr. Warden stated that per Council instructions, the Commission's recommendations for this area had been forwarded to the general plan consultants for inclusion in the Parks and Recreation Element of the General Plan. There was discussion re- lative to the property exchange discussions to eliminate private holdings in the area of Coleman Drive. Mr. Warden stated that these discussions were still underway, however, there is a new Director of the State Parks and Recreation Department and it will take time to acquaint him with the problem.- 3. Necessity of park for North Morro Bay - study and/or inquiry into acquisition of Eucalyptus grove east of Methodist Church It was noted that the City is running into some problems in arranging an agreement with the Methodist Church for use of their property for a park. Mr. Warden stated that he had received word that they should reach a decision within two months. He felt, however, that the City could proceed in other directions in the meantime in case nothing comes of the church discussions. He noted that, in discussing the matter with the Planning Director, they had con- sidered some Standard Oil property just outside, but contiguous to, City limits. The property is located just south of Panorama and Island in North Morro Bay and directly behind the Texaco com- plex. If purchased for park purposes, it would tie in with the Unnamed Creek bike path and other projects for that general area. Council and Commission members were very receptive to the location as it would create a means by which children living on the north side of the Texaco area could get to Del Mar school without having to walk on Main Steeet. Staff was directed to look into the possibility of the City purchasing the property as soon as possible. Mr. Warden stated that Staff would also investigate other possibilities and bring the matter back for Council determination. 4. Results of annual park review Commissioner Merzon stated that the Commission had reviewed all the parks in the City within the last two months. With regard to the City Park, the only thing the Commission MINUTES - MORRO BAY CITY COUNCIL Special Meeting - September 29, 1975 Page Three could recommend there is the replacement of some of the play- gound equipment and $5,000 has been allocated for that purpose already. Monte Young Park is looking very good; however, it could stand some landscaping maintenance, i.e., plantings and lawn. The Commission has recommended that a park be established on City property on the corner of Elena and Hemlock and the City is working on what type of things to be placed there now. Coleman Park needs more trees to be planted along the fence area. The equipment there is not in very good condition; however, the Commission did not recommend replacing it until it was determined what is to be done with the Coleman Drive area. 5. Rotating attendance of Council members at Parks and Recreation Commission meetings Commissioner Merzon stated that the Commission felt it would be a good idea if Council members rotated attendance at the Commission meetings so they could see how the Commission works and give their advice and opinions to the Commission. Councilman Mitchell and Mayor Donohoo felt that it would be a good idea. Mayor Donohoo stated that the Council will take it under advisement. Items of mutual interest Commissioner Payne felt that the par -course idea would be a good one for the Lions Club to investigate for a project at Keiser Park. Commissioner Keiser asked about working with the Tree Committee for plantings at Keiser Park. Mr. Warden stated that the Tree Committee had prepared the list of trees to be planted at Keiser Park and that plan is still being followed. There was discussion of a joint project with the schools for additional tennis courts in the City. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Mitchell and unanimously carried. The meeting adjourned at 7:56 p.m. RECORDED BY: Murray L. Warden City Clerk By: Ardith Davis Deputy City Clerk 0 C CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING September 22, 1975 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR NOTICE All matters listed under Item A, Consent Calendar, are con- sidered to be routine by the City Council and will be enacted by oremotion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A-1 Minutes of the regular meeting of September 8, 1975 A-2 Minutes of the executive meeting of September 8, 1975 A-3 Statement of Financial Condition, 7-1-75 through 8-31-75 (RECOMMEND APPROVAL) A-4 Expenditure Report, 8-16-75 through 8-31-75 (RECOMMEND APPROVAL) A-5 Expenditure Report, 9-1-75 through 9-16-75 (RECOMMEND APPROVAL) A-6 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-7 Award bid for 15 pocket pagers to R.C.S., Inc. in the amount of $4,232.50 (RECOMMEND APPROVAL) A-8 Resolution No. 67-75 accepting work and giving notice of comple- tion for construction of the Elena Street storm drain (RECOMMEND ADOPTION) HEARINGS, APPEARANCES AND REPORTS B-1 Report of City Administrator regarding Bay Ambulance Company contract and rate„ schedule UNFINISHED BUSINESS C-1 Wood Sculpture Committee recommendations C-2 Street light options for Underground Utilities District No. 2 C-3 Ordinance No. 141 adding a new section regulating garage sales C-4 Resolution No. 68-75 setting fees for building code regulations NEW BUSINESS D-1 Abatement of an illegal non -conforming use of a triplex at 454 Arcadia Street D-2 Consideration of appointments to Citizens' Advisory Committee D-3 Fence at Monte Young Park INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator the Regional Transportation MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 22, 1975 - 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. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilman Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None '81i1Z&1fW04KO N"ano7_M:7 A-1 Minutes of the regular meeting of September 8, 1975 A-2 Minutes of the executive meeting of September 8, 1975 A-3 Statement of Financial Condition, 7-1-75 through 8-31-75 (RECOMMEND APPROVAL) A-4 Expenditure Report, 8-16-75 through 8-31-75 (RECOMMEND APPROVAL) A-5 Expenditure Report, 9-10-75 through 9-16-75 (RECOMMEND APPROVAL) A-6 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-7 Award bid for 15 pocket pagers to R.C.S., Inc. in the amount of $4,232.50 (RECOMMEND APPROVAL) A-8 RESOLUTION NO. 67-75 accepting work and giving notice of completion for construction of the Elena Street storm drain RECOMMEND ADOPTION) Mr. Warden reviewed all items and elaborated on the corres- pondence items which included a letter the Council had approved for Governor Brown opposing AB700 with regard to police officers' tenure; a letter from Ray Gallo, Attorney, requesting Council's consideration for building by the City of slips in the area long Coleman Drive; and a letter from Mr. and Mrs. Kleinhans protesting the parking ticket they received for parking overnight on City property. Mr. Warden also advised that with regard to the pocket pagers, Motorola had strongly recommended the City going to a dual -tone radio system, however, in Staff's estimation, the single tone is sufficient for the City's purposes. It should also be noted that dual -tone is the only kind that Motorola makes. MOTION: Councilman Jennings moved for the approval of the Consent Calendar, Items A-1 through A-8, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Mitchell and unanimously carried. HEARINGS, APPEARANCES AND REPORTS B-1 Report of City Administrator regarding Bay Ambulance Company contract and rate schedule Mr. Warden advised the Council that the rate schedule they had approved at the last Council meeting was erroneous and not the final one as approved by the Board of Supervisors. He also stated that the Joint Powers Agreement does not give the City of Morro Bay the MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 22, 1975 Page Two option of approving any rate increases as rates are determined by the contract between the County and Service District No. 15. He suggested entering into negotiations with the County to amend the Joint Powers Agreement to correct this. It was noted that the Agreement between the ambulance company and County Service Area No. 15 appeared to require City approval of any rate changes before the Contractor, Bay Ambulance Company, increase their rates. Councilman Mitchell stated that he would like to have inform- ation from Bay Ambulance Company to substantiate the request for an increase in rates before he agrees to any additional increase. Mr. Warden indicated that he would obtain the necessary in- formation and schedule this matter for Council consideration at the next meeting. UNFINISHED BUSINESS C-1 Wood Sculpture Committee recommendations Mr. Warden explained that this committee was formed because two local men had offered to make a wood sculpture to be placed at some appropriate public place. The Committee was to consider locations for the sculpture, subject matter of the sculpture, and design. The Committee is now recommending to Council that the sculpture be placed at the pier to be constructed at the end of Dunes Street and that the subject of the sculpture be that of an "old fisherman". The Council was presented with a rendering from Dwight Carlisle which delineates the concept of the sculpture. To provide the recommended base, the City can have the Wheeler Construction Company construct it at a cost of $353.00 at the same time as.the Dunes Street pier. Steve Semas, Vice President of the Chamber of Commerce, advised the Council of the Committee's review of this matter and their re- commendations. Richard Palmer, Chamber Manager, informed the Council that the rendering presented is not an exact rendering of the sculpture as it would look, but does provide an idea of the theme. Councilman Mitchell stated that he had not attended the Committee meeting where the theme was decided on, however, he under- stood from the last meeting that the theme of "old fisherman" was not one of the main ones being considered. In fact, he liked it least of all the others presented. There was discussion on the theme of the project with Richard Palmer informing the Council that publicity recruiting ideas for the theme had been made available at Councilman Mitchell's request and this is the subject the Committee finally came up with. Council- man Pipitone stated that since the Council had appointed a Committee to make recommendations in this matter, it seems like the Council should accept their recommendations. Councilman Mitchell stated that the Committee was appointed in an advisory capacity only; the Council makes the final decision. MOTION: Councilman Jennings moved that Council approve the Wood Sculpture Committee's proposal of placing a sculpture at the end of Dunes Street MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 22, 1975 Page Three on the proposed pier; that an expenditure in the amount of $353.00 be made to con- struct the base for the sculpture; that the contract with Wheeler Construction Company be amended to include this construction; and that the necessary funds be transferred from unbudgeted reserve to cover the costs. The motion was seconded by Councilman Mitchell and unanimously carried by roll call vote. Councilman Mitchell stated that he was voting for the ex- penditure of these funds because including this project with the construction of the pier is less expensive than waiting until next budget period when the cost would be considerably higher. Richard Palmer stated that the Council could postpone their decision on the theme of the sculpture until the wood for the sculpture is located and, at that time, Mr. Raikes will make a model of the "old fisherman" for Council's approval. Council concurred with this recommendation. C-2 Street light options for Underground Utilities District No. 2 Mr. Pete Darnton, P.G. & E. representative, reviewed the various proposals for pole styles for Council consideration. The styles ranged from $8,500 to $80,000 installation costs and from $1,288 to $5,270 yearly operating increase costs for the various styles. Councilman Jennings was in favor of Style #l.c. which is a "Concourse" street light mounted on black steel poles. (#l.c. attached hereto) Councilman Mitchell asked why the City of Coalinga can afford the extremely expensive "Town and Country" type street lights. Mr. Darnton explained that they had an existing system which was modified and that their present system does not meet their code requirements. P. G. & E. does not recommend this type of lamp for the City of Morro Bay. MOTION: Councilman Mitchell moved that Council indicate their preference for Plan l.c. The motion was seconded by Councilman Jennings and carried with Councilmen Brown and Pipitone voting no. Mr. Warden informed the Council that they would bring back the resolution for setting dates to perform the work required at the next regular meeting. C-3 ORDINANCE NO. 141 adding a new section regulating garage sales - first reading MOTION: Councilman Jennings moved that Ordinance No. 141 be read by title only. The motion was seconded by Councilman Pipitone. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 22, 1975 Page Four Councilman Mitchell asked about the requirement to obtain a no -fee business license before having a garage sale. Mr. Warden stated that this is already a part of the business license ordinance and works very well. The motion was unanimously carried. Mr. Warden read Ordinance No. 141 by title only. MOTION: Councilman Jennings moved that this constitute the first reading of Ordinance No. 141. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. C-4 RESOLUTION NO. 68-75 setting fees for building code regulations Mr. Warden stated that the ordinance adopted at the last Council meeting had stipulated that Council would set building permit fees by resolution. These fees are in accordance with those set by the International Building Officials Association and requirements of the Uniform Building Code. MOTION: Councilman Jennings moved that Resolution No. 68-75 be read by title only. The motion was seconded by Councilman Mitchell and unanimously carried. Mr. Warden read Resolution No. 68-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 68-75. The motion was seconded by Councilman Brown and unanimously carried. Councilman Jennings stated that although these fees have been increased, they are still lower than some of the neighboring cities. It might be a good idea for Staff to run a comparison on the various cities in the County. The charging of building permit fees could be a way to control growth and obtain additional revenue for the City. NEW BUSINESS D-1 Abatement of an illegal non -conforming use of a triplex at 454 Arcadia Street Mr. Warden reviewed for Council their action several months ago with regard to an appeal by a Mr. Burke from the Planning Commission's denial of a variance to allow structural alterations to the premises at 454 Arcadia. At that time, Council addressed themselves to the alteration only and made a determination that the alteration did not prolong the life of the building and therefore, could be allowed under the zoning ordinance. The Council did not address the legality of the use of the building, i.e., triplex or duplex. Subsequently, Mr. Warden has received correspondence and 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 22, 1975 Page Five and affidavits which, upon research of City zoning laws, indicate that the triplex located at 454 Arcadia is an illegal non -conforming use. This determination was made on the basis that the area in question is not now, nor since prior to incorporation, zoned to allow a triplex use. A duplex was allowed under old zoning laws; therefore, isda legal non -conforming use since the area is now zoned R-1. Mr. Warden recommended that Council direct Staff to proceed with abating this illegal non -conforming use in accordance with zoning laws. The City Attorney concurred in this recommendation. MOTION: Councilman Mitchell moved that Staff be directed to undertake the steps necessary to determine if a triplex is in use at this time at 454 Arcadia and, if so, to abate it. The motion was seconded by Councilman Brown and unanimously carried. D-2 Consideration of appointments to the Regional Transportation Citizens' Advisory Committee Mr. Warden stated that the Council had appointed Lila Keiser and George Hall as representatives to this Committee last year and, as this is a yearly appointment, asked Council their desires for the 1975-76 fiscal year. Mayor Donohoo suggested that Mrs. Keiser and Mr. Hall be asked if they would like to continue to serve for this year also. Council concurred in this recommendation. D-3 Fence at Monte Young Park Mr. Warden informed the Council that he has received complaints from a Mr. Blades who occupies the residence southwest of the Monte Young tennis courts. He is having trouble with the tennis players who hit their balls over the fence into his yard. It is creating a continuing nuisance to him because of the number of people coming into his yard and their hostility towards him. Mr. Blades is working with Mr. Braga and they have partially solved the problem by posting signs that people who lose their balls can collect them from the Recreation Department. However, people are still trespassing and creating a nuisance. The Council could consider constructing an extension to the fence -which would cost approximately $990 but could not be higher because the present uprights could not support a higher structure. Also, a nine foot wind screen can be installed for approximately $350. This was planned as an expenditure for the 1976-77 fiscal year to screen the wind from the tennis players and, if installed now, would partially solve the privacy problem. It would appear that these actions would not completely solve the problem, but would help to cut down on the number of balls landing in Mr. Blades' yar-d�land would help screen his windows. Mr. Blades spoke to the Council about the problem and felt MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 22, 1975 Page Six that anything they could do would be an improvement. He is very upset over the present situation and has even been threatened in his own backyard because of it. There was discussion regarding the City's liability if the property owner decided to press charges. Mr. Cantine spoke from the audience and did not feel that the problem was severe enough to warrant spending as much money as it costs to put an extension on the fence. Councilman Brown stated that he could sympathize with the occupant since he has the same type of problem with golf balls as he lives so near the golf course. MOTION: Councilman Jennings moved that Council allocate funds in the amount of $1350 to extend the present fence at Monte Young Park by eight feet and install a screen on the south fence. The motion was seconded by Councilman Pipitone. There was more discussion regarding the City's position if this matter eventually ends up in court and it was the City Attorney's opinion that the extension of the fence and screening device would not prejudice the City and would work in the City's favor as trying to alleviate a possible nuisance. The motion was unanimously carried by roll call vote. MOTION: Councilman Jennings moved that Staff be authorized to transfer the necessary funds to install a fence extension and screening device at Monte Young tennis courts. The motion was seconded by Mayor Donohoo and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E`1 City Council (1) Councilman Pipitone brought up the matter of Police Department morale and management and stated that he is very pleased that the City Administrator contacted the Police Officers' Standards and Training people to make a survey of the City's Police Department. He feels that the results of the survey will clear the matter as far as he is concerned and he will accept any determinations that they may make. As far as discussing the matter further, Councilman Pipitone felt that it would not be necessary in light of the POST survey. (2) Councilman Jennings stated that he would like a short executive session. E-2 City Attorney (1) Mr. LeSage reviewed the matter of members of the Council or Commission abstaining from voting without providing reasons for such abstention. He stated that while there is no way to make a member of a board or legislative body vote, abstentions should be avoided as a means of thwarting Council or board action. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 22, 1975 Page Seven A member should only abstain for reasons of a conflict of interest and that reason should be stated. By abstaining from voting, the member in effect consents that the majority may act for him. It is the responsibility of a member on a board or legislative to vote because that is the specific reason they are on the board. There was discussion on this matter and it was decided that the information regarding abstention from voting should be made avail- able to the Planning Commission with the Council's expressed desire that abstentions be avoided except in cases of conflict of interest and that when a member does abstain, the reasons for so doing be, - stated. D-3 City Administrator (1) Mr. Warden stated that the Chamber Manager, Richard Palmer, had approached him with a suggestion for a civic project consisting of the painting of fire hydrants as various characters. Richard Palmer stated that a citizen in the City, Sharon Neely, had suggested this to him. Mr. Palmer presented magazines which showed how this could be accomplished and suggested that a Bi-Centennial theme be established and a contest be held. Contestants could submit designs and the ones judged most appropriate, etc., would be painted throughout the City. City Council agreed that it would be a good civic project and details were to be worked out by Staff and brought back to Council. (2) Mr. Warden stated that he had received a notice from the League of California Cities that Council should appoint a voting delegate and an alternate to the Annual Conference in October. MOTION: Councilman Mitchell moved that Mayor Donohoo be appointed voting delegate and Councilman Brown be appointed as an alternate. The motion was seconded by Councilman Jennings and unanimously carried. (3) Mr. Warden stated that he had been informed by the Fire Fighters Association that they had purchased a 1914 American LaFrance Fire Engine and plan to restore it for an Association project and use it in parades and musters throughout the State. They have asked for permission to house the fire engine in the fire station while restoration is in progress which will take from nine months to a year. In order to do this, the Fire Department pickup will have to be moved outside of the station. Mr. Warden stated that because of problems associated with a private piece of equipment being worked on and stored in a public facility, plus the possible Workmen's Compensation and other employee associated safety and injury liability expenses which could result in loss of manpower or costs to the City, he has disapproved the Fire Fighters Association request. There was considerable discussion on this matter with comments from Firemen Tracy and Mehaffey. It was decided that the matter should be made an agenda item and further investigation of increased insurance rates and workmen's compensation be made to determine the MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - September 22, 1975 Page Eight City's liability in this matter. MOTION: Councilman Jennings moved that the question of placing the Fire Fighters' antique engine in the station be scheduled for the next regular meeting of the Council. The motion was seconded by Councilman Brown and unanimously carried. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting adjourn to executive session to discuss a personnel matter. The motion was seconded by Councilman Mitchell and unanimously carried. The meeting adjourned to executive session at 9:35 p.m. and returned to regular session at 9:53 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 9:53 p.m. RECORDED BY: MURRAY L. WARDEN City Clerk Ardith Davis Deputy City Clerk u 0 CITY OF MORRO BAY AGENDA CITY COUNCIL MEETING September 8, 1975 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR NOTICE All matters listed under Item A, Consent Calendar, are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A-1 Minutes of the regular meeting of August 25, 1975 A-2 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-3 Resolution No. 66-75 approving amendment of lease for Lease Site No. 18, Myers (RECOMMEND ADOPTION) HEARINGS, APPEARANCES AND REPORTS B-1 Review of Dial -A -Ride grant application status by City Administrator UNFINISHED BUSINESS C-1 Consideration of Ponderosa Avenue dedication C-2 Centennial Stairway dedication ceremonies C-3 Ambulance Agreement subsidy C-4 Ordinance No. 140, Building Ordinance amendments - second reading NEW BUSINESS D-1 Request of Parks and Recreation Commission for joint meeting with City Council D-2 Consideration of resolutions for League of California Cities Annual Conference D-3 Approval of letter to Ronald Robie, Director of the Department of Water Resources, requesting assistance in evaluating a possible water well on Morro Bay sand spit INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 8, 1975 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Pro Tem Jennings with the Pledge of Allegiance. Reverend, Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Mitchell, Pipitone and Mayor Pro Tem Jennings ABSENT: Mayor Donohoo CONSENT CALENDAR A-1 Minutes of the regular meeting of August 25, 1975 A-2 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-3 RESOLUTION NO. 66-75 approving amendment of lease for Lease Site No. 18 Myers (RECOMMEND ADOPTION) Mr. Warden reviewed all items on the Consent Calendar. Council- man Pipitone stated that he would vote for approval of the items, however, he planned to bring up one of the correspondence items under Individual Determination and/or Action. MOTION: Councilman Mitchell moved for the approval of the Consent Calendar, Items A-1 through A-3 with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Pipitone and unanimously carried. HEARINGS, APPEARANCES AND REPORTS B-1 Review of Dial -A -Ride grant application status by City Administrator Mr. Warden reviewed for Council the status on the City's attempts to secure federal funds for a transit project. The Urban Mass Trans- portation Agency will not support a methane gas conversion project, however, it will fund 80% capital costs for a Dial -A -Ride system. Also, SB325 monies can be used to support a transit system. Mr. Warden has been exploring the possibility of other agencies using Morro Bay as an experiment for natural/methane gas conversion. The City is now at the point where Dave Systems, the consultant working for the City in this matter, is preparing the application for a grant from UMTA. Mr. Warden stated that funding for the system, in addition to monies received from Dial -A -Ride, could come from SB325 monies, fares, and perhaps Federal Aid Urban monies. There are several alternatives offered to the City, i.e., mode of operation being fixed -route vs. Dial -A -Ride, number of vehicles in service, service hours to be ten or twelve per day, weekdays and/or Saturdays. He reviewed costs for the various combinations and stated that the largest cost is in the Cuesta College/San Luis Obispo linkage. Staff plans to discuss this matter with the San Luis Obispo Transit Committee to see if San Luis Obispo City would be interested in sharing costs. • 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 8, 1975 Page Two Mr. Warden also explained the advantages to the Dial -A -Ride system vs. the fixed route system. There was further discussion and Council agreed that Mr. Warden should proceed with the application. UNFINISHED BUSINESS C-1 Consideration of Ponderosa Avenue dedication Mr. Warden reviewed the improvements necessary on this street to bring it up to City standards. He said it is not a through street but a cul-de-sac. He suggested that the property owners be advised that they must bring the street up to City standards and the City would then consider accepting it as a City dedicated street and take over maintenance of it. MOTION: Councilman Brown moved that the residents of Ponderosa Avenue be advised that they must bring the street up to City standards and after that the City would consider accepting it as a dedicated street. The motion was seconded by Councilman Pipitone and unanimously carried. C-2 Centennial Stairway dedication ceremonies Mr. Warden stated that the Council had approved a plaque at the last Council meeting which states that the Centennial Stairway will be dedicated November 15, 1975. He asked what the Council wished to do as far as dedication ceremonies are concerned. Councilman Mitchell felt that the Centennial Stairway Committee should be allowed to make plans for dedication ceremonies and report back to Council. MOTION: Councilman Jennings moved that consideration of dedication ceremonies for the Centennial Stairway be referred to the Centennial Stairway Committee for recommendations back to Council. The motion was seconded by Councilman Mitchell and unanimously carried. C-3 Ambulance Agreement subsidy Mr. Warden stated that the County had entered into an agreement with Bay Ambulance Company for ambulance'services. This agreement provides for a five year contract, severance provisions, and adjust- ments to the subsidy depending upon changes in the Cost of Living Index. The City of Morro Bay pays their share of ambulance costs based on the ratio of the City's assessed valuation compared to the total assessed valuation within the City and County Service Area No. 15. The contract will mean an increase in the City's share to $1.092 per month which is $212 over what the City has been paying, for a total of $2034 over the amount budgeted for the year. This amount should be transferred from Unobligated Reserve if the Council agrees 11 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL September 8, 1975 with the County in this matter. The City contracts with the County for ambulance services with County Service Area No. 15. MOTION: Councilman Jennings moved that the City continue with the Joint Powers Agreement with County Service Area No. 15 for ambulance services and that $1092 per month be paid for this service; also, that $2042 be transferred from Unobligated Reserve to cover these costs. The motion was seconded by Councilman Brown and unanimously carried. C-4 ORDINANCE NO. 140. Building Ordinance amendments - second reading MOTION: Councilman Jennings moved that Ordinance No. 140 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Ordinance No. 140 by title only. MOTION: Councilman Brown moved that this constitute the second and final reading of Ordinance No. 140 and that it be adopted. The motion was seconded by Councilman Pipitone and unanimously carried. NEW BUSINESS D-1 Request of Parks and Recreation Commission for joint meeting with City Council Council members set Monday, September 29, 1975, at 6:00 p.m. in the Recreation Hall for a joint meeting with the Parks and Recreation Commission. D-2 Consideration of resolutions for League of California Cities Annual Conference Mr. Warden reviewed the resolutions under consideration which are as follows: 1. Resolution supporting legislation exempting cities from the application of sales and use taxes. 2. Resolution regarding additional funding to solve the problem of alcoholism within the cities 3. Resolution recommending to the State Legislature and to the Public Utilities Commission that additional funds be made available to finance the undergrounding of public utility lines. 4. Resolution regarding legislative action to alleviate homeowners from the present property tax burden Mr. Warden stated that after Council consideration, those approved would be forwarded to the League of California Cities for their action at the Annual Conference in October. Mitchell felt that the Council should go on record approving all resolutions except number two with regard to alcoholism. He did not feel that the problem of alcoholism could properly be �J MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL September 8, 1975 handled at the municipal level and that the State should deal with it. MOTION: Councilman Mitchell moved that Council go on record supporting resolutions one through four with the exception of number two and that these resolutions be forwarded to the League of California Cities. The motion was seconded by Councilman Brown and unanimously carried. D-3 Approval of letter to Ronald Robie, Director of the Department of Water Resources, requesting assistance in evaluating a possible water well on Morro Bay sand spit Mr. Warden stated that this is the second letter he has written to Mr. Robie requesting Department of Water Resources assistance in determining if the water well on the sand spit could be used as a water source for the City of Morro Bay. He requested Council approval of the letter and support of the requested action. MOTION: Councilman Jennings moved that Council approve the proposed letter to Ronald Robie and go on record requesting assistance in evaluating possible water resources on the sand spit as indicated by Dr. Mann and other engineers. The motion was seconded by Councilman Mitchell and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Brown asked if there were any plans for a joint meeting with the Council and Planning Commission regarding the County -wide Solid Waste Management Plan. Mr. Warden stated that he had received correspondence from Mr. Townsend of the County Solid Waste Management Section regarding this matter and indicating that he (Mr. Townsend) would be in touch with the City to set a date to brief the Council and Planning Commission on the Plan. Councilman Brown asked Councilman Pipitone, his alternate on the Solid Waste Committee, to replace him at the next regular meeting. (2) Councilman Mitchell asked if there was supposed to be some- thing on the agenda regarding Morro Bay Marina as he had been called on the matter earlier. Mr. Warden stated that nothing had been submitted for consideration at this meeting. (3) Councilman Pipitone referred to a letter Council received under correspondence from a Mr. Osborne who was upset at receiving a $5.00 parking ticket for camping. He thought consideration should be given to exempting self-contained vehicles from this viola- tion; things should be made easier for the traveler since the idea should be to get him off the street at night so he doesn't fall asleep at the wheel. He also suggested consideration of opening the Rock area for campers during busy weekends. Councilman Mitchell was not in favor of opening the Rock area to 11 MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL September 8, 1975 campers. He also did not feel that the parking laws in the City are unfair and thought perhaps consideration should be given to raising the $5.00 penalty fee since it is not really a penalty but a fairly cheap way of buying a camping spot for the night. There was considerable discussion on the matter with Staff directed to contact other cities to determine if their ordinances allow parking on private property with the owners consent. (4) Councilman Jennings suggested authorizing an expenditure of funds to develop a large aerial photo of the City for reference by Staff and the public. There was discussion of this matter with Councilman Mitchell of the opinion that, unless the cost for such a photo is nominal, the purchase should wait for another budget period since it is not wise to make large purchases after a budget has been approved. Mr. Warden was directed to determine the cost for such a photo. E-2 City Attorney (1) Mr. LeSage requested a short executive session to discuss litigation. E-3 City Administrator Mr. Warden had nothing to report at this time. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting adjourn to executive session to consider litigation. The motion was seconded by Councilman Mitchell and unanimously carried. The meeting adjourned to executive session at 8:51 p.m. and returned to regular session at 9:00 p.m. MOTION: Councilman Pipitone moved that the meeting be adjourned. The motion was seconded by Council- man Jennings and unanimously carried. The meeting adjourned at 9:01 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk 11 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING August 25, 1975 7;30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR NOTICE All matters listed under Item A, Consent Calendar, are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A-1 Minutes of the regular meeting of August 11, 1975 A-2 Minutes of the executive meeting of August 11, 1975 A-3 Expenditure Report, 7-16-75 through 7-31-75 (RECOMMEND APPROVAL) A-4 Expenditure Report, 8-1-75 through 8-15-75 (RECOMMEND APPROVAL) A-5 Financial Condition Report, 7-1-75 through 7-31-75 (RECOMMEND APPROVAL) A-6 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-7 Award bid for Bid No. 75-6, water works material for main re- placement projects, 1975-76 (RECOMMEND APPROVAL OF MEMO FROM PUBLIC WORKS DIRECTOR) A-8 Resolution No. 63-75 accepting work and giving notice of comple- tion for construction of the South Main Street Bicycle Path (RECOMMEND ADOPTION) HEARINGS, APPEARANCES AND REPORTS B-1 Hearing on vehicle abatement UNFINISHED BUSINESS C-1 Continued use of buildings on Lease Site No. 52 and 52W - Whibley C-2 Clarification of requirement for sidewalks in front of Brebes Morro Bay Fisheries lease site C-3 Garage sales C-4 Architectural review in R-1 areas C-5 Municipal court disposition of parking citations NEW BUSINESS D-1 Resolution No. 64-75 setting tax rates and apportionments for the fiscal year 1975-76 D-2 Approval of Centennial Stairway Commemorative plaque D-3 Request for change in permitted uses, Lease Site No. 18, Myers D-4 Request for Council determination on side clearances for lease sites D-5 Resolution No. 65-75 assuming responsibility for the enforcement of the Mobile Home Park Act D-6 Ordinance No. 140, Building Ordinance amendments - first reading INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 25, 1975 - 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. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Pipitone and Mayor Donohoo ABSENT: Councilman Mitchell CONSENT CALENDAR A-1 Minutes of the regular meeting of August 11, 1975 A-2 Minutes of the executive meeting of August 11, 1975 A-3 Expenditure Report, 7-16-75 through 7-31-75 (RECOMMEND APPROVAL) A-4 Expenditure Report, 8-1-75 through 8-15-75 (RECOMMEND APPROVAL) A-5 Financial Condition Report, 7-1-75 through 7-31-75 (RECOMMEND APPROVAL) A-6 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-7 Award bid for Bid No. 75-6, water works material for main replacement projects, 1975-76 (RECOMMEND APPROVAL OF MEMO FROM PUBLIC WORKS DIRECTOR) A-8 Resolution No. 63-75 accepting work and giving notice of com- pletion for construction of the South Main Street Bicycle Path RECOMMEND ADOPTION) Mr. Warden reviewed all items on the Consent Calendar for Council. MOTION: Councilman Jennings moved for the approval of the Consent Calendar, Items A-1 through A-8 with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Hearing on vehicle abatement Mr. Warden stated that the vehicle scheduled for hearing at this time is a VW sedan, year unknown, located at 3210 Main Street. Mayor Donohoo opened the hearing at 7:37 p.m. and called for comments regarding this vehicle. As there were no comments, the hearing was closed at 7:37 p.m. MOTION: Councilman Jennings moved that Staff be directed to abate the vehicle in accordance with ordinance procedures. The motion was seconded by Councilman Brown and unanimously carried. Mr. LeSage stated that in order to protect the Council, Staff should state the reason why the vehicle is being abated. Chief Schacht informed the Council that the vehicle in question is the body only MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - August 25, 1975 Page Two and most of the parts, etc. have been removed; it is inoperable in its present state. UNFINISHED BUSINESS C-1 Continued use of buildings on Lease Site No. 52 and 52W - Whibley Mr. Warden stated that the Council had awarded the bid for Lease Sites No. 52 and 52W to Reg Whibley and approved various uses for that site. In attempting to negotiate 'a lease with Mr. Whibley for the lease site, Mr. Whibley requested that he be allowed to let the present structures on the site remain there until he has the permits necessary to build new ones. Mr. Warden is of the opinion, as is the Building Inspector, that the buildings are structurally unsafe and should be demolished; they are also a potential fire hazard. The present renter on the site has been given notice to vacate the premises. Mr. Warden also stated that the demolition of the buildings was an advertised requirement to bidders making their proposals to the City. Mr. Whibley informed the Council that he should have the new buildings under construction by June of 1976 and would like to be able to use the present structures in the mean time. The June, 1976 date is estimated because of the time it takes to get permits from the Coastal Commission. He also feels that it would be better asthetically to leave the building standing for the duration while he is waiting to begin construction. The demolition of the buildings will put him temporarily out of the mooring business. Mr. Warden maintained that the structures are a fire and lia- bility hazard for the City and recommended that Mr. Whibley be instructed to demolish the buildings. MOTION: Councilman Jennings moved that Council direct Staff to see that the removal of the buildings is accomplished no later than sixty days after signing of the lease. The motion was seconded by Councilman Pipitone. Mr. Whibley asked if the Council would consider allowing the garage area only to be left standing so that he could at least store his equipment there. Councilman Pipitone had no objections to this as long as the utilities were disconnected to eliminate the fire hazard. Councilman Jennings amended his motion to include that the garage be allowed to remain for storage purposes only provided the utilities were disconnected. Councilman Pipitone accepted the amendment. There was further discussion on the matter. Councilman Jennings withdrew his motion and Councilman Pipitone his second. MOTION: Councilman Pipitone moved that Council allow Mr. Whibley to use the garage area on Lease MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - August 25, 1975 Page Three Sites No. 52 and 52W as storage area with utilities to be disconnected and that the house on the site be demolished within sixty days after signing of the lease. The motion was seconded by Councilman Brown and unanimously carried. C-2 Clarification of requirement for sidewalks in front of Brebes Morro Bay Fisheries lease site Mr. Warden stated that Council had approved Brebes Morro Bay Fisheries installing a sidewalk in front of their proposed rest- aurant on the Embarcadero at their own expense if they did the same in front of the area they have planned for construction of docks. Mr. Gallo, representing Brebes Morro Bay Fisheries, has asked if the sidewalk construction in front of the docking area could be post- poned until that phase of the work is commenced. They will install the sidewalk in front of the restaurant along with the restaurant's construction. Council had no objections to this proposal. C-3 Garage sales Mr. Warden stated that the Council had forwarded to the Planning Commission a request that they consider amendments to the zoning ordinance to regulate garage sales. This matter had been considered by the Planning Commission and they had recommended that (1) the number of garage sales per year to remain at two with a no -fee business license; (2) garage sales would be allowed for a period not to exceed three consecutive days; (3) all merchandise to be sold will be displayed either inside the garage (or carport) or on the rear one-half of the lot. There was also a recommendation as to where this should be placed in the municipal code. If Council agrees with these recommendations, Mr. Warden asked them to so indicate and Staff will draw the necessary amendment to the municipal code. Mr. Brown stated that he had heard comments to the effect that the reason garage sales were getting out of hand is because of the lack of enforcement. He did not feel that this was the case since there has been nothing to enforce. With the regulations spelled out in the municipal code, the law enforcement officers will have some- thing to enforce. MOTION: Councilman Brown moved that Staff be directed to make the appropriate changes to the zoning ordinance to effect the Planning Commission's recommendations. The motion was seconded by Mayor Donohoo and unanimously carried. C-4 Architectural review in R-1 areas Mr. Warden stated that the Council had asked the Planning Commission to consider the addition of S-9 conditions to R-1 areas in an attempt to subject factory built housing to architectural review. The Commission had discussed the matter and recommended to the Council that they are not in favor of a design review committee or establishing any conditions that require architectural review. MINUTES -MORRO BAY CITY COUNCIL Regular Meeting - August 25, 1975 Page Four Councilman Brown questioned the reason for an abstaining vote by a Planning Commission member on this matter and stated that he had noticed several abstentions in the Planning Commission minutes lately and wondered what the reasons were. He felt that the reason the Commissioners and the Council are sitting on their respective boards is for the purpose of making decisions and, unless there is a ligitimate conflict of interest, they should be required to vote on the items put before them. Mr. Warden and Mr. LeSage stated that they would research the matter and report to Council, however, it appeared within Council purview to establish voting procedures. It was noted that some juris- dictions have done so. MOTION: Councilman Jennings moved that Item C-4, architecturali-•review in R-1 areas, be noted and filed. The motion was seconded by Councilman Brown and unanimously carried. C-5 Municipal court disposition of parking citations Mr. Warden reviewed the decision by the Municipal Court that parking citations will be handled administratively by the cities. Mr. Warden recommended that the collection of the fines be taken care of at the Police Department, but the Police Chief is not in favor of that determination. He feels that it would create a bad image for the Police Department in that they would issue citations, as well as collect fines. Council members discussed this matter with Mayor Donohoo and Councilman Jennings in favor of the fines being collected at the Police Department and Councilmen Brown and Pipitone in favor of them being collected at City Hall. MOTION: Mayor Donohoo moved that the Police Department be instructed to handle the cr- collection of fines for parking citations at their office. The motion was seconded by Councilman Jennings and did not carry be- cause of the following roll call vote: AYES: Councilman Jennings and Mayor Donohoo NOES: Councilmen Brown and Pipitone It was suggested that the matter be brought back for resolution at the following Council meeting when all Councilmen were present. NEW BUSINESS D-1 RESOLUTION NO. 64-75 setting tax rates and apportionments for the fiscal year 1975-76 MOTION: Councilman Jennings moved that Resolution No. 64-75 be read in its entirety. Mr. Warden read Resolution No. 64-75 in its entirety. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - August 25, 1975 Page Five MOTION: Councilman Jennings moved for the adoption of Resolution No. 64-75. The motion was seconded by Mayor Donohoo. Councilman Brown stated that the Council was required by law to adopt a tax rate before September 1, 1975, and since Councilman Mitchell will not be back before then, he will vote in favor of the resolution.Although he favored a tax reduction, he recognized that the Council as a whole did not, and rather than jeopardize the City's revenue he would vote in favor of the resolution. The motion carried on the following roll call vote: AYES: Councilmen Brown, Jennings and Mayor Donohoo NOES: Councilman Pipitone D-2 Approval of Centennial Stairway Commomorative plaque Mr. Warden stated that the suggested wording for the Centennial Stairway Commemorative plaque is as follows: "Centennial Stairway, 1870-1970, In commemoration of the founding of Morro Bay, this stairway is dedicated to the convenience and enjoyment of all November 15, 1975." He said that the wording had been reviewed by members of the Centennial,Stairway Committee and meets with their approval. Councilman Pipitone asked if the Council shouldn't wait for Councilman Mitchell to return for his input since he had worked so hard on this project. Councilman Brown said that Councilman Mitchell was on the committee which reviewed the original wording and the one before Council at this time is very similar, so he did not feel Councilman Mitchell would object. MOTION: Councilman Jennings moved that the Council accept the wording of the Centennial Stairway Commemorative plaque as presented and direct Staff to forward the information to the contractor. The motion was seconded by Mayor Donohoo and unanimously carried. D-3 Request for change in permitted uses, Lease Site No. 18, Myers Mr. Warden stated that Zeke's Wharf, a lease on the Embarcadero held by Ronald Myers, had initiated the use of "gift shop" which is not one of the permitted uses on that lease site. When Mr. Myers was advised of this, he applied to the Planning Commission for per- mission to add the use of "gift shop" to the list of permitted uses. The Planning Commission had approved the additional use with the condition that no more than 540 square feet of floor area used for the gift shop. Mr. Warden suggested that an amendment to the lease be effectuated which also includes the provision that the gift shop use is incidental to the primary activities of restaurant and bar and that "gift shop" be limited to the sale of souvenir, curio -type articles. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL - August 25, 1975 Mr. Warden also suggested that when a lessee requests a change in use, that those permitted items not in use be deleted from the lease. The lessee can then come to Council for each and every use he intends to put into effect. Mr. Warden stated that he had been questioned as to why a citation had not been issued to Mr. Myers for illegal use on his lease site, and he explained to Council that he did not feel it was necessary. Mr. Myers had cooperated fully when he understood the situation and Mr. Warden stated that he feels if a situation can be solved in some instances, without resorting to citation, then this is the way it should be handled. MOTION: Councilman Jennings moved that Council adopt the recommendations of the Planning Commission and City Administrator and direct Staff to modify the lease to reflect the conditions. The motion was seconded by Councilman Pipitone and unanimously carried. Mayor Donohoo stated that he wished to compliment the City Administrator on the way he handled this situation. He agrees that it is not always necessary to immediately issue a citation if the situation can be resolved another way. D-4 Request for Council determination on side clearances for lease sites Mr. Warden stated that Staff needs clarification as to a Council policy regarding lease sites. Several years ago, Council de- cided that lease sites required a twelve foot setback on each side of the lease lines, however, this determination referred only to floating docks. Mr. Warden feels that a Council determination should be made as to the applicability of this policy to all water structures so that one lease holder does not infringe on a neigh- boring lease. Council members discussed this policy. MOTION: Councilman Jennings moved that Council adopt a policy of a minimum setback clearance requirement of twelve feet to apply to all lease site water structures. The motion was seconded by Councilman Pipitone and unanimously carried. D-5 RESOLUTION NO. 65-75 assuming responsibility for the enforcement of the Mobile Home Park Act and related administrative re- gulations and designating the enforcement agency. MOTION: Councilman Jennings moved that Resolution No. 65-75 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 65-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 65-75. The motion was MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - August 25, 1975 Page Seven seconded by Councilman Pipitone. Mr. Warden informed the Council that he had discussed this item with the Building Inspector and it does not appear that the workload will be increased to any great extent, however, this will provide a convenience to mobile home park operators and mobile home owners so that they do not have to get State approval for minor modifications to their homes. The motion was unanimously carried. The City Attorney noted that Councilman Jennings should abstain from voting because of a conflict of interests in that he owns and operates a mobile home park. Councilman Jennings withdrew his motion and Councilman Pipitone his second. MOTION: Councilman Pipitone moved for the adoption of Resolution No. 65-75. The motion was seconded by Councilman Brown and unanimously carried with Councilman Jennings abstaining. D-6 ORDINANCE NO. 140, Building Ordinance amendments - first reading. MOTION: Councilman Jennings moved that Ordinance No. 140 be read by title only. The motion was seconded by Councilman Brown and unan- imously carried. Mr. Warden read Ordinance No. 140 by title only. MOTION: Councilman Jennings moved that this constitute the first reading of Ordinance No. 140. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Brown stated that he had attended a good seminar in San Francisco over the weekend. Mr. Warden is duplicating some informative material for the other Council members. E-2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden briefed the Council on a meeting held with Supervisor Willeford and County Staff members regarding ambulance service. The City is not in receipt of a contract yet, however, it will include a five year agreement between the County and Bay Ambulance for a subsidy of $1950 per month which means that 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - August 25, 1975 Page Eight Morro Bay's annual share at 47% is $10,998. Mr. Warden stated that he would probably bring the contract back for Council consideration at the next meeting. (2) Mr. Warden informed the Council that the property owners on Ponderosa had collected money for chip sealing and re- quested the City to perform the work. However, the Ponderosa cul-de- sac is not a City owned street. Mr. Warden explained that there are several things that need to be brought up to standard on the street and these should be done before the City accepts it as a City street and takes over its maintenance. Mr. Warden stated that he would bring this matter back to Council at the next meeting for official action. (3) Mr. Warden asked if the fact that Tuesday, September 9th being Admission Day and the day after a Council meeting creates any problems for the Council. Mayor Donohoo indicated that he would be out of town, but the other members would attend. (4) Mr. Warden advised the Council that the California State Transportation Board will hold a public hearing on the draft California Transportation Plan in Los Angeles on August 28, 1975. (5) Mr. Warden informed the Council that they are invited to attend the Gay Nineties Harvest Festival in Arroyo Grande on September 27th. Jane Orvis complimented the contractors on the excellent work done on the recently constructed bicycle path. ADJOURNMENT MOTION: Mayor Donohoo moved that the meeting adjourn. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned at 8:51 p.m. RECORDED BY: MURRAY L. WARDEN City Clerk By • Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING August 11, 1975 7:30 p.m, Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR NOTICE All matters listed under item A, Consent Calendar, are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A-1 Minutes of the regular meeting of July 28, 1975 A-2 Financial Report, 7-1-74 through 6-30-75 (RECOMMEND APPROVAL) A-3 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-4 Resolution No. 61-75 authorizing granting of lease to L. Virgil Moores for Lease Site No. 113W (RECOMMEND APPROVAL) HEARINGS, APPEARANCES AND REPORTS None UNFINISHED BUSINESS None NEW BUSINESS D-1 Resolution No. 59-75 approving grant of Use Permit Agreement to Friends of Roandoak D-2 Resolution No. 60-75 directing that the unpaid charges for weed abatement be forwarded to the County Auditor for inclu- sion in the 1975-76 tax rolls D-3 1975-76 tax roll charges - Improvement District No. 6 D-4 Resolution No. 62-75 approving agreement with San Luis Obispo County Hotline, Inc. for fiscal year 1975-76 INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator 0 a MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 11, 1975 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. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown,,Jennings, Pipitone and Mayor Donohoo ABSENT: Councilman Mitchell CONSENT CALENDAR A-1 Minutes of the regular meeting of July 28, 1975 A-2 Financial Report, 7-1-74 through 6-30-75 (RECOMMEND APPROVAL) A-3 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-4 RESOLUTION NO. 61-75 authorizing granting of lease to L. Virgil Moores for Lease Site No. 113W (RECOMMEND APPROVAL) Mr. Warden reviewed all items on the Consent Calendar for Council. MOTION: Councilman Jennings moved for the approval of the Consent Calendar, Items A-1 through A-4 with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Pipitone and unanimously carried. HEARINGS, APPEARANCES AND REPORTS None UNFINISHED BUSINESS None NEW BUSINESS D_1 RESOLUTION NO.59-75 approving grant of Use Permit Agreement to Friends ot Roandoak MOTION: Councilman Jennings moved that Resolution No. 59-75 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 59-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 59-75. The motion was seconded by Councilman Brown and unanimously carried. D-2 RESOLUTION NO.'60-75 directing that the unpaid charges for weed abatement be forwarded to the County Auditor for inclusion in the 1975-76 tax rolls 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - Au gust 1114 1975 Page Two MOTION: Councilman Jennings moved that Resolution No. 60-75 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 60-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 60-75. The motion was seconded by Councilman Brown and unanimously carried. D-3 1975-76 tax roll charges - Improvement District No. 6 Mr. Warden stated that Improvement District No. 6 was formed approximately three years ago and those that had not paid the assessment at that time elected to have it applied to their tax bill for a period of fourteen years. Each year it is necessary for the Council to take action to put the current assessments on the tax bills. 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 1975-76 tax rolls and also that any assessments un- collected from previous years for Improvement District No. 6 be added to the 1975-76 tax rolls. The motion was seconded by Councilman Brown and unanimously carried. D-4 RESOLUTION NO. 62-75 approving agreement with San Luis Obispo County Hotline, Inc. for fiscal year 1975-76. MOTION: Councilman Jennings moved that Resolution No. 62-75 be read by title only. The motion was seconded by Councilman Brown. Councilman Jennings noted that this agreement included the expenditure of funds in the amount of $10.00 per month and that it is a budgeted item. The motion was unanimously carried. Mr. Warden read Resolution No. 62-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 62-75. The motion was seconded by Councilman Brown and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Pipitone stated that with reference to the CounciV s discussion at the last Council meeting regarding 46 MINUTES - MORRO Regular meeting Page Three BAY CITY COUNCIL August 11, 1975 the turn -over in the Police Department, he had contacted some of the terminated employees to determine their reasons for leaving. He received written replies from six of the officers who had left and read portions of their letters to Council. Councilman Pipitone noted that with regard to the turn -over rate, eleven of the officers who had left since the City was incorporated had left since Chief Schacht had become Police Chief. Mayor Donohoo suggested, and Mr. Pipitone agreed, that each Council member be provided with a copy of the letters so that they may review the matter. Councilman Jennings suggested that discussion be postponed until a full Council is present. Councilman Mitchell is expected back by the first meeting in September. There was discussion regarding the matters allowed to be discussed in executive session and it was the opinion of the City Attorney that if the Council intends to discuss an individual or individuals, this can be done in executive session. However, if the general philosophy of the Police Department and how it is run is to be discussed, then this must be done in open session. E`2 City Attorney Mr. LeSage requested an executive session to discuss pending litigation. E-3 City Administrator Mr. Warden had nothing to report at this time. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting adjourn to executive session to discuss litigation. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned to executive session at 7:51 p.m. and returned to regular session at 8:04 p.m. MOTION: Councilman Pipitone moved that the meeting be adjourned. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 8:04 p.m. RECORDED BY: MURRAY L. WARDEN City Clerk Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING July 28, 1975 - 7:30 p.m. Morro Bay Recreation Hall Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR NOTICE All matters listed under Item A, Consent Calendar, are considered to be routine by the City Council and will be 'enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A-1 Minutes of the regular meeting of July 14, 1975 A-2 Minutes of the executive meeting of July 14, 1975 A-3 Expenditure Report, 7=1-75 through 7-15-75 (RECOMMEND APPROVAL) A-4 RESOLUTION NO. 57-75 approving changing name of Tenant on Lease Site No. 9, Rogers (RECOMMEND APPROVAL) A-5 RESOLUTION NO. 58-75 approving sublease on a portion of Lease Site No. 128, Moores (RECOMMEND APPROVAL) HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing on vehicle abatement - continued B-2 Report from Parks and Recreation Commission concerning recreational uses for Coleman Drive area UNFINISHED BUSINESS C-1 Consideration of bids for Lease Sites 52 and 52W, "Pipkin!' - continued C-2 ORDINANCE NO. 138 - Designating leash law violations as infrac- tions instead of misdemeanors - second reading C-3 ORDINANCE NO. 139 - Amending Paragraph L of Building and Con- struction Ordinance - second reading NEW BUSINESS D-1 Request from Brebes Morro Bay Fisheries for sidewalk in front of proposed restaurant INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 28, 1975 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. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of July 14, 1975 A-2 :Minutes of the executive meeting of July 14, 1975 A-3 Expenditure Report, 7-1-75 through 7-15-75 (RECOMMEND APPROVAL) A-4 RESOLUTION NO. 57-75 approving changing name of Tenant on Lease Site No. 9, Rogers (RECOMMEND APPROVAL) A-5 RESOLUTION NO. 58-75 approving sublease on a portion of Lease Site No. 128, Moores (RECOMMEND APPROVAL) Mr. Warden reviewed all items on the Consent Calendar. MOTION: Councilman Jennings moved for the approval of the Consent Calendar, Items A-1 through A-5 with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Brown and unanimously carried. HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing on vehicle abatement - continued Mr. Warden informed the Council that this item could be deleted from the Agenda since the vehicle involved has been removed. B-2 Report from Parks and Recreation Commission concerning recreational uses for Coleman Drive area Mr. Warden stated that, per Council direction, the Parks and Recreation Commission has been studying the Coleman Drive area for recreational uses. Their basic recommendation was to maintain the present recreational uses and develop them only from the standpoint of organizing and intensifying the uses presently made of the area. There were also some recommendations as to the relocation of Coleman Drive. Mr. [garden recommended that the Council forward this input to the City's planning consultant for inclusion in the Parks and Re- creation Element of the General Plan. MOTION: Councilman Jennings moved that the report of the Parks and Recreation Commission with regard to the Coleman Drive area be forwarded to the City's planning consultant for possible inclusion in the Parks and Recreation Element of the General Plan. The motion was seconded by Councilman Brown. lJ MINUTEcS - MORRO Regular Meeting Page Two BAY CITY COUNCIL - July 28, 1975 Councilman Brown asked Mr. Warden about the status of the land exchange negotiations for this area. Mr. Warden stated that they are still going on, however, the change in the Director for the State Parks and Recreation Department has delayed things somewhat. The motion was unanimously carried. UNFINISHED BUSINESS C-1 Consideration of bids for Lease Sites No. 52 and 52W, "Pipkin" - continued Mr. Warden stated that this matter had been postponed from the last regular meeting of the Council. He reviewed the three proposals. Councilman Mitchell asked what assurance the Council has that the proposals set forth in the bids are the ones which will be established if the lease site is leased to the bidder on the basis of his proposal. Mr. Warden and Mr. LeSage stated that these items can be included in the lease as a requirement and time limitations set forth for them to be accomplished. Mr. Warden pointed out that the Whibley proposal contains a mooring inspection service. There is no service of this type pre- sently in the City and the City's Harbor Ordinance does call for mooring inspections on an annual basis. Mayor Donohoo stated that Mr. Whibley plans to rent out mooring space whereas the other in- dividuals bidding are planning to use the site•for their party boat operations and/or repairs. Councilman Pipitone felt that since Mr. Moores and Mr. Graham had been in the area for some time, the City should award the bid to one of these local people. MOTION: Councilman Mitchell moved that Staff be directed to negotiate a proposed lease with Mr. Reg Whibley to include the uses spelled out by Mr. Whibley in his proposal, that the lease provide for a continuation of these uses, and that the lease be submitted to Council for approval. The motion was seconded by Councilman Jennings and carried on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell and Mayor Donohoo NOES: Councilman Pipitone C-2 ORDINANCE NO. 138 - Designating leash law violations as infract- ions instead of misdemeanors - second reading MOTION: Councilman Jennings moved that Ordinance No. 138 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Ordinance No. 138 by title only. \J MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL July 26,11975 MOTION: Councilman Jennings moved that this con- stitute the second and final reading of Ordinance No. 138 and that it be adopted. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. C-3 ORDINANCE NO. 139 - Amending Paragraph L of Building and Construction Ordinance - second reading MOTION: Councilman Jennings moved that Ordinance No. 139 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Ordinance No. 139 by title only. MOTION: Councilman Jennings moved that this constitute the second and final reading of Ordinance No. 139 and that it be adopted. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. NEW BUSINESS D-1 Request from Brebes Morro Bay Fisheries for sidewalk in front of proposed restaurant Mr. Nuzum explained that the applicant is requesting permission to construct a six foot wide sidewalk on top of the embankment in front of Lease Sites No. 110, 111 and 112 and their proposed rest- aurant. This sidewalk will serve the public as well as the rest- aurant and the six feet to be used will leave adequate space for two-way traffic and the parking presently in use in that area. Mr. Nuzum suggested that the applicant also be required to place a sidewalk on the other side of the South T Pier in front of the docking area where the applicant also has lease sites. MOTION: Councilman Jennings moved for the approval of the request with the understanding that the applicant will also put sidewalk in in front of the lease sites on the other side of the South T Pier at his own expense. The motion was seconded by Councilman Mitchell and unan- imously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E=1 City Council (1) Councilman Pipitone commented on the number of the police officers to leave the City force in the last two years, the most recent being George Van Dyne, a veteran of thirteen years. He also feels that it is unfortunate that the majority of the officers leaving do not continue in the law enforcement field. He feels that there is something wrong in the Police Department to cause this kind of activity. MINUTES MORRO Regular Meeting Page Four BAY CITY COUNCIL - July 28, 1975 Councilman Mitchell did not feel that the termination of employment by various officers in the Police Department was an indication of something being wrong in the Department; he felt that people are always changing jobs and hehasheard nothing derogatory about the Police Department to indicate anything else. Mr. Warden informed the Council that he interviews every officer who leaves the Department and can find nothing specifically wrong with the Department or the people running it. He also stated that he has checked with other police departments in the County and their turnover rate is similar to Morro Bay's - between 1.5 and 2 men; leaving per year. There was further discussion on the matter with Councilman Pipitone stating that he is making his feelings known on this matter as he understands this is the time set aside for Councilmen to do just that. (2) Councilman Brown informed the Council that he had been in contact with Mr. Hapgood of Cable TV regarding the poor service Morro Bay has had lately. Mr. Hapgood explained that this is because of the micro -wave installation taking place at this time and hopes the matter will be resolved soon. (3) Councilman Jennings wished to thank the Parks and Recreation Commission on their excellent report on the Coleman Drive area. (4) Mayor Donohoo reported on the dedication of the new tennis courts at Monte Young Park which was held Saturday, July 26, 1975. E=2 City Attorney Mr. LeSage had nothing to report at this time. E`3 City Administrator .('l):_ Mi-..iWardent.reported on an oil spill drill to be held by P. G. & E. on July 29, 1975, at 10:00 a.m. This is a requirement of their permit as placed on them by the Coastal Commission. (2) Mr. Warden informed the Council that the Channel Counties Division of the League of California Cities will hold their quarterly meeting in Pismo Beach on August 15, 1975. He reviewed the agenda and asked which Council members planned to attend. Councilman Mitchell advised the Council that he will be out of town on vacation August 9 through 31, 1975. (3) Mr. Warden advised the Council that there will be a League of California Cities "Policy Leaders Seminar for City Councilmembers" in San Francisco, August 22 and 23, 1975. He asked which Councilmembers would attend. Councilman Brown indicated he would and Mr. Warden stated he would go also, if Council had no ob- jections. (4) Mr. Warden advised the Council that a representative of the 0 MINUTES MORRO BAY CITY COUNCIL Regular Meeting - July 28,1975 Page Five Urban Mass Transportation Administration from Washington had met with City officials this last Meek as well as the Regional Director from UMTA in San Francisco. He stated that the outlook on the City receiving a grant for the Dial -A -Ride project looks very good. Councilman Jennings requested information of the Fish and Game Department who stated that they would stage a drill in the bay to practice for oil spills. Mr. Warden stated that he would look into the matter. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Mitchell and unanimously carried. sr The meeting adjourned at 8:27 p.m. RECORDED BY: MURRAY L. WARDEN City Clerk BY: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING July 14, 1975 7:30 p,m, Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR All matters listed under Item A, to be routine by the City Council and form listed below. There will be no If discussion is required, that item Calendar by a Council member and will be by roll call. NOTICE Consent Calendar, are considered will be enacted by one motion in the separate discussion of these items. will be removed from the Consent be considered separately. Vote will A-1 Minutes of regular meeting of June 23, 1975 A-2 Minutes of executive meeting of June 23, 1975 A-3 Expenditure Report, 6-16-75 through 6-30-75 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 RESOLUTION NO. 49-75 calling for a contract with The California Highway Patrol for Abandoned Vehicle Abatement Participation. (RECOMMEND ADOPTION) A-6 RESOLUTION NO. 50-75 approving Agreement with Morro Bay Chamber of Com- merce, Fiscal Year 1975/76 (RECOMMEND ADOPTION) A-7 RESOLUTION NO. 51-75 approving Use Permit Agreement for Morro Bay Chamber of Commerce for use of Keiser Park Concession Stand August 2 & 3, 1975. (RECOMMEND ADOPTION) HEARINGS, APPEARANCES AND REPORTS None UNFINISHED BUSINESS C-1 RESOLUTION NO. 52-75 approving and adopting a budget for the Fiscal Year 1975/76. C-2 Motion adopting Memorandum of Understanding - Morro Bay City Employees' Association C-3 Motion adopting Memorandum of Understanding - Morro Bay Police Officers' Association C-4 Motion adopting Memorandum of Understanding - Morro Bay Fire Fighters I.A.F.F. Local No. 1855 C-5 RESOLUTION NO. 53-75 approving and adopting Classification and Salary Schedule for Fiscal Year 1975/76. C-6 Consideration of bids'for Lease Sites 52 and 52W - "Pipkin" C-7 RESOLUTION NO. 54-75 accepting Grant Deed - Gustafson NEW BUSINESS D-1 RESOLUTION NO. 55-75 approving submission of City of Morro Bay Annual Transportation Claim D-2 ORDINANCE NO. 138 - Designating leash law violation as infractions instead of misdemeanors D-3 RESOLUTION NO. 56-75 supporting designation of Lopez Canyon Area as a wilderness area D-4 ORDINANCE NO. 139 amending Paragraph L of Building and Construction Ordinance INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator 0 • • 4 MORRO BAY CITY COUNCIL Regular Meeting July 14, 1975 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. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Pipitone and Mayor Donohoo ABSENT: Councilman Mitchell CONSENT CALENDAR COUNCILMAN MITCHELL WAS PRESENT AT 7:32 p.m. A-1 Minutes of the regular meeting of June 23, 1975 A-2 Minutes of the executive meeting of June 23, 1975 A_3 Expenditure Report, 6-16-75 through 6-30-75 (RECOMMEND APPROVAL) A=4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 RESOLUTION NO. 49-75 calling for a contract with the California Highway Patrol for Abandoned Vehicle Abatement Participation (RECOMMEND APPROVAL) A-6 RESOLUTION NO. 50-75 approving Agreement with Morro Bay Chamber of Commerce -Fiscal Year 1975-76 (RECOMMEND ADOPTION) Mr. Warden requested that this item be removed from the Consent Calendar and placed as Item C-8 after the budget consideration. A_7 RESOLUTION NO. 51-75 approving Use Permit Agreement for Morro Bay Chamber of Commerce for use of Keiser Park Concession Stand August 2 and 3, 1975. (RECOMMEND ADOPTION) MOTION: Councilman Jennings moved for the approval of the Consent Calendar items A-1 through A-5 and item A-7 with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Brown and unanimously carried by roll ca31 vote. HEARINGS, APPEARANCES AND REPORTS None UNFINISHED BUSINESS C-1 RESOLUTION NO. 52-75 approving and adopting a budget for the Fiscal Year 1975-76. Mr. Warden stated that the Final Budget represents the official document to be used during the year and includes increases as a re- sult of salary negotiations. There was some discussion of the re- serve with Mr. Warden explaining that the excess from the 1974-75 MORRO BAY CITY COUNCIL Regular Meeting - July 14, 1975 Page Two budget is, in part, carried over into 1975/76 total revenue with the balance being placed into reserve. MOTION: Councilman Jennings moved that Resolution No. 52-75 be read by title only. The 'motion was seconded by Mayor Donohoo. There was further discussion with Councilmen Brown and Pipitone favoring reducing the budget and returning the money to the taxpayers in the form of a tax cut. Councilman Jennings was against this proposal because he feels it is necessary to build up the City's reserve for future water and sewer projects. The motion was carried with Councilmen Brown and Pipitone voting no. Mr. Warden felt that the resolution should be read in its entirety for public information and he did so. MOTION: Councilman Jennings moved for the adoption of Resolution No. 52-75. The motion was seconded by Mayor Donohoo and carried on the following roll call vote. AYES: Councilmen Jennings, Mitchell and Mayor Donohoo NOES: Councilmen Brown and Pipitone C-2 Motion adopting Memorandum of Understanding - Morro Bay City Employees' Association C-3 Motion adopting Memorandum of Understanding - Morro Bay Police Officers' Association C_4 Motion adopting Memorandum of Understanding - Morro Bay Fire Fighters' I.A.F.F. Local No. 1855 Mr. Warden stated that the attached Memorandaniwere the results of negotiations with the various employee organizations. He reviewed each one with Council and stated that they basically allowed for an 88 increase in salary and extended medical and dental benefits for the employee and his dependents. He stated that he needed a motion to allow the 88 salary increase and medical and dental benefits to apply to the employees not members of any organized:employee association, and a 68 salary increase and medical and dental benefits for manage- ment and department head employees. MOTION: Councilman Jennings moved for the adoption of the Memorandum of Understanding with the City Employees' Association for the 1975-76 fiscal year. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. MOTION: Councilman Jennings moved for the'approval of the Memorandum of Understanding with the Fire 'Fighters I.A.F.F. Local No. 1855 for the 1975-76 fiscal year. The motion was seconded MORRO BAY CITY COUNCIL Regular Meeting - July 14, 1975 Page Three by Councilman Pipitone'and unanimously carried by roll call vote.' MOTION: Councilman Mitchell moved for the approval of the Memorandum of Understanding with the Police Officers' Association for'the 1975-76 fiscal year. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. MOTION: Councilman not member receive an and dental The motion and unanim Jennings moved that the employees s of of an employee association 88 salary increase and the medical benefits outlined in the Memoranda. was seconded by Councilman Mitchell :)usly carried by roll call vote. MOTION: Councilman Jennings moved that the management and department head employees receive a 6% salary increase and the health and dental benefits out- lined in the Memoranda. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. C-5 RESOLUTION NO. 53=75 assigning City employee position classifications, establishing salary ranges and steps for employee classifications, describing methods of advancement and superseding previous salary resolutions in conflict Mr. Warden stated that the resolution incorporates those salaries approved under the Memoranda of Understanding. MOTION: Councilman Jennings moved that Resolution No. 53-75 be read by title only. The motion was seconded by Mayor-Donohoo and unanimously carried. Mr. Warden read Resolution No. 53-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 53-75. The motion was seconded by Mayor Donohoo and unanimously carried by roll call vote. C-6 Consideration of bids for Lease Sites No. 52 and 52W - "Pipkin" Mr. Warden stated that, in accordance with Council instructions, this lease site had been advertised for bid in several newspapers. The criteria set for awarding the bid is the best use for-.the,property. Mr. Warden stated that three bids had been received for lease of the area; one from Mr. Virg Moores, whose intention it is to use the pro- perty for a storage and repair site and to moor some of his party boats, although no party boat activities will be 'conducted from this site; and Mr. Graham, who wishes to use 'the property to install a sports fishing operation to include 'a tackle shop and slips for two of his boats. The "other bid, which has previously been approved by the Planning Commission, is from Reg Whibley, who intends to use the site MORRO BAY CITY COUNCIL Regular Meeting - July 14, 1975 Page Four'' for renting three to six slips for moorings, operate a mooring inspection and installation service, a small retail sales shop for sale of construction materials for boat construction and a sail and wood working repair shop. The Council needs to decide which of the three more closely complieswith the requirements of the tide- lands grant. Councilman Jennings asked that the 'matter be postponed until he has a chance to review the proposals more thoroughly. Mayor Donohoo was in favor of Mr. Whibley's proposal because he intends to rent mooring slips to the public which are badly needed in the harbor. There was further discussion with no objections from Council to post- poning the matter for two weeks. MOTION: Councilman Jennings moved that the matter be deferred to the next regular meeting of the Council. The motion was seconded by Councilman Brown and unanimously carried. C-7 RESOLUTION NO. 54-75 accepting Grant Deed - Gustafson Mr. LeSage explained that this is the remaining lot to be purchased by the City to provide area for sewer plant expansion. MOTION: Councilman Jennings moved that Resolution No. 54-75 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 54-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 54-75. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden requested that Council make a motion authorizing the transfer of $1,000 to pay for this property. MOTION: Councilman Jennings moved that Staff be authorized to transfer $1,000 from reserve to pay Mr. Gustafson for this property. The motion was seconded by Mayor Donohoo and unanimously carried by roll call vote. C_8 RESOLUTION NO. 50-75 approving agreement with Morro Bay Chamber of Commerce for Fiscal Year 1975-76 MOTION: Councilman Jennings moved that Resolution No. 50-75 be read by title only. The motion was seconded by Councilman Mitchell and unanimously carried. Mr. Warden read Resolution No. 50-75 by title only. MOTION: Councilman Jennings moved for the approval of Resolution No. 50=75. The 'motion was seconded by Councilman Mitchell. f 9 MORRO BAY CITY COUNCIL Regular Meeting - July 14, 1975 Page Five Councilman Pipitone'asked Richard Palmer, Chamber Manager, about the membership letters recently sent out to businesses in the City. He 'asked if those not belonging to the Chamber of Commerce were advertised in any way to the 'tourists or people requesting information. Mr. Palmer stated that the'Chamber would advise the public that the business exists, however, tell them that they had no further information since the business is not a member of the Chamber. The motion was unanimously carried by roll call vote. NEW BUSINESS D-1 RESOLUTION NO. 55-75 approving submission of City of Morro Bay Annual Transportation Claim MOTION: Councilman Mitchell moved that Resolution No. 55-75 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden advised the Council that this claim establishes the City's right to SB325 monies. He read Resolution No. 55-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 55-75. The motion was seconded by Councilman Brown and unanimously carried. D-2 ORDINANCE NO. 138 - Designating leash law violations as infractions instead of misdemeanors - first reading MOTION: Councilman Jennings moved that Ordinance No. 138 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Ordinance No. 138 by title only. MOTION: Councilman Jennings moved that this constitute the first reading of Ordinance No. 138. The motion was seconded by Councilman Brown and carried by roll call vote with Councilman Mitchell abstaining. Councilman Mitchell stated that he abstained because of a possible conflict of interest. D=3 RESOLUTION NO. "5'6'-'75 supporting designation of Lopez Canyon Area as a wilderness area MOTION: Councilman Jennings moved that Resolution No. 56-75 be read by title only. The 'motion was seconded by Councilman Brown and unanimously carried. Mr. Warden advised the Council that they had previously supported this concept by resolution, and this resolution reaffirms that support. MORRO BAY CITY COUNCIL Regular Meeting - July 14, 1975 Page Six He read Resolution No. 56-75 by title only. MOTION: Councilman Jennings moved that Resolution No. 56-75 be tabled. The motion was seconded by Mayor Donohoo. Councilman Brown stated that a resolution of this type is of little value and the Councilmen should, write personal letters to the Congressmen instead. Mayor Donohoo stated that at the Mayor's Meeting, members had opposed this action, except She City of San Luis Obispo, because it adversely affects the South County cities. Councilman Mitchell felt that the Council should support this resolution since they had had a lengthy discussion the first time they supported the issue and had decided at that time that it was the right thing to do. Councilman Pipitone agreed. The motion carried with Councilmen Pipitone and Mitchell voting no. D-4 ORDINANCE NO. 139 amending Paragraph L of Building and Construction Ordinance - first reading MOTION: Councilman Jennings moved that Ordinance No. 139 be read by title only. The motion was seconded by Councilman Pipitone'and unanimously carried. Mr. Warden read Ordinance No. 139 by title only. MOTION: Councilman Jennings moved that this constitute the first reading of Ordinance No. 139. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION E_l City Council (1) Councilman Brown discussed the Area Planning Council's budget and advised that additional funds would be obtained through SB 325 monies. (2) Councilman Jennings reported that he had received good response to his request that citizens write to the Congress- men urging their support of the City's Dial -A -Ride application for Federal funds. E_2 City Attorney (1) Mr. LeSage advised that the City had received a letter from the San Luis Obispo County Municipal Court, Judge Warren Conklin, that the Municipal Court will no longer process initial parking filings and collect revenues from them effective September 1, 1975. This action is necessary because of a cut in the budget. This function will have to be performed by the City after that date. Mr. • • 0 MORRO BAY CITY COUNCIL Regular Meeting - July 14, 1975 Page Seven Warden will advise at a later date how the City plans to incorporate this matter. (2) Mr. Leaage requested an executive session tb discuss litigation. E-3 City Administrator (1) Mr. Warden asked which 'Council members plan to attend the League of California Cities Annual Convention in San Francisco October 19 - 22, 1975. All Council members indicated they would attend except Councilman Pipitone. (2) Mr. Warden informed the Council that the Board of Supervisors voted to adopt a County -wide ambulance subsidy for this fiscal year. The County is considering changing the contract and continuing with the system utilized.for Service District 15. There was some discussion of the City going for the ambulance service alone. Mr. Warden stated that he would bring back recommendations, perhaps at the next meeting. ADJOURNMENT MOTION: Councilman Jennings moved that -the meeting adjourn to executive session to discuss litigation matters. The motion.was seconded by Councilman Brown and unanimously carried. The meeting adjourned to executive session at 8:45 P.M. and returned to regular session at 8:54 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 8:54 p.m. RECORDED BY: M. L. WARDEN City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, June 23, 1975, 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 1975-76 Budget; at which said hearing any person interested may appear and express his views for, against, or in modification of said budget. DATED: June 10, 1975 FRED R. DONOHOO, Mayor City of Morro Bay, California By: . WARDEN,,City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, June 23, 1975, at 7:30 p.m. in the Morro Bay Recreation Iiall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the appeal of Mary Sibley from Planning Commission denial of a Variance to allow structural alterations to an existing nonconforming dwelling, 1230 Morro 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: June 10, 1975 FRED R. DONOHOO, Mayor City of Morro Bay, California - A� lzee-4 By: L. WARDENf, City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING June 23, 1975 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR W1611000 All matters listed under Item A, Consent Calendar, are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If. discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A-1 Minutes of the regular meeting of June 9, 1975 A-2 Minutes of the executive meeting of June 9, 1975 A-3 Expenditure Report, 6-1-75 through 6-15-75 (RECOMMEND APPROVAL) A-4 Financial Statement, 7-1-74 through 5-31-75 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 RESOLUTION NO. 44-75 approving grant of Use Permit Agreement 115 to Morro Dunes Trailer Park and Campground, Inc. (RECOMMEND ADOPTION) A-7 RESOLUTION NO. 45-75 approving grant of Use Permit Agreement 120 to Morro Dunes Trailer Park and Campground, Inc. (RECOMMEND ADOPTION) A-8 RESOLUTION NO. 46-75 approving an Agreement with Cooperative Personnel Services, California State Personnel Board (RECOMMEND ADOPTION) A-9 Award bid for Elena Street drainage project to R. Baker Corporation in the amount of $38,752.40 (RECOMMEND APPROVAL) HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing on adoption of 1975-76 Budget -.RESOLUTION NO. 47-75 approving and adopting a budget for the Fiscal Year i975-16 B-2 Report on ambulance:-servioe subsidy B-3 Public' hearing_on:appeal of Mary Sibley from Planninq_Commission denial of a Variance" B-4 Report from City Attorney regarding factory built housing UNFINISHED BUSINESS C-1 Consideration of awarding bid for installation of fishing pier and floating boat docks - continued from 6-9-75 C-2 Consideration of RESOLUTION NO. 48-75 authorizing granting of lease to Orval Leage for portions of Lease Sites No. 35W and 36W NEW BUSINESS D-1 Consideration of awarding bid for South Main Street bicycle path D-2 Consideration of awarding bid for Atascadero Beach water main - Phase II INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MORRO BAY CITY COUNCIL Regular Meeting June 23, 1975 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. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Mayor Donohoo ABSENT: None CONSENT CALENDAR Jennings, Mitchell, Pipitone and A-1 Minutes of the regular meeting of June 9, 1975 A-2 Minutes of the exeuctive meeting of June 9, 1975 A=3 Expenditure Report, 6-1-75 through 6-15-75 (RECOMMEND APPROVAL) A-4 Financial Statement, 7-1-74 through 5-31-75 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 RESOLUTION NO. 44-75 approving grant of Use Permit Agreement 115 to Morro Dunes Trailer Park and Campground, Inc. (RECOMMEND ADOPTION) A-7 RESOLUTION NO. 45-75 approving grant of Use Permit Agreement 120 to Morro Dunes Trailer Park and Campground, Inc. (RECOMMEND ADOPTION) A-8 RESOLUTION NO. 46-75 approving an Agreement with Cooperative Personnel Services, California State Personnel Board (RECOMMEND ADOPTION) A-9 Award bid for Elena Street drainage project to R. Baker Corpor- ation in the amount of $38,752.40 (RECOMMEND APPROVAL) Councilmen Jennings offered a correction to the regular meeting minutes on page five regarding the statement as follows: "Council- man Jennings was against the decrease in the City Council's salary and the fact that this would affect the reserve which is planned for .future necessary projects." He asked that this be changed to read "Councilman Jennings was against the decrease in the City Council's salary. He was opposed to the reduction in the tax rate due to the way this would affect the reserve." Council members informed Mr. Warden that they had not received the letter under Correspondence from Cable TV and Mr. Warden stated that he would see that they got copies of this letter. MOTION: Councilman Jennings moved for the approval of the Consent Calendar with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Council- man Mitchell and unanimously carried. MORRO BAY CITY COUNCIL Regular Meeting June 23, 1975 Page Two HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing on adoption of 1975-76 Budget - RESOLUTION NO. 47-75 approving and adopting a budget for the Fiscal Year 1975-76 Mayor Donohoo opened the public hearing at 7:39 p.m. and called for comments regarding the proposed budget. Milton Levy, Howard Gaines, and Bruce Risley spoke in favor of a cut in the budget to effectuate a decrease in the City's tax rate. The public hearing was closed at 8:13 p.m. Councilman Brown stated that he would like to see the Council adopt a tax rate of 756, per $100 assessed valuation for the 1975-76 fiscal year. He felt that the time to do this is now so that the proper cuts can be made in the budget to accommodate that tax rate. MOTION: Councilman Brown moved that the City adopt a tax rate of 75t on $100 assessed valuation and later officially adopt it by resolution. The motion was seconded by Councilman Pipitone. Mr. Warden and Mr. LeSage stated that it would be out of order for the Council to adopt a tax rate at this time without first receiving the assessed valuations. They suggested cutting the budget in order to accomplish that end or just setting a policy decision to be effective at the time the City receives the tax rolls. Councilman Jennings stated that he is opposed to any cut in the proposed budget, especially in the reserve area for future projects. Councilman Pipitone felt that the Council could cut in other areas of the budget without affecting the reserve. Shirley McGuire spoke in favor of a cut in the City's tax rate and felt that the Council is remiss when they consider P. G. & E.'s income for taxes as a reason why the tax rate should remain the same; the Council should not tie their judgment of the budget to income from P. G. & E. Councilman Mitchell stated that the comment regarding P. G. & E. was made by him, however it does not have that much bearing on his decisions regarding the proposed budget. He felt that the opponents to the budget were placing to much emphasis on that one comment in their arguments. He is opposed to a cut in the City's tax rate be- cause of the relatively small amount it would mean to the individual compared to the amount they pay to the federal government for taxes. City taxes are the only taxes whereby the citizen can actually see a return on his tax dollar and receive direct benefits. The motion failed on the following roll calls vote: AYES: Councilmen Brown and Pipitone NOES: Councilmen Jennings, Mitchell and Mayor Donohoo MORRO BAY CITY COUNCIL Regular Meeting June 23, 1975 Page Three MOTION: Councilman Jennings moved that Resolution No. 47-75 be read by title only. The motion was seconded by Councilman Mitchell. Councilman Pipitone again appealed to the Council to consider cutting portions of the budget. He felt that this could be done without decreasing any City services. The motion was unanimously carried. Mr. Warden read Resolution No. 47-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 47-75. The motion was seconded by Councilman Mitchell and carried on the following roll call vote: AYES: Councilmen Jennings, Mitchell, and Mayor Donohoo NOES: Councilmen Brown and Pipitone RECESS 8:45 p.m. RECONVENED 8:49 p.m. B-2 Report on ambulance service subsidy Mr. Warden stated that the Board of Supervisors will be making their decision on this matter within the next two months and are currently drawing up an agreement for a two month period with the ambulance service since the present one expires June 30, 1975. The County committee studying this matter is going to recommend that the County take over the entire operation of ambulance services through- out the County. Mr. Warden stated that he needed Council authority to continue paying the ambulance service fees until the matter is resolved. MOTION: Councilman Jennings moved that Council authorize Staff to continue the present ambulance service payment until the County resolves the problem of ambulance services. The motion was seconded by Mayor Donohoo and unanimously carried by roll call vote. B-3 Public hearing on appeal of Mary Sibley from Planning Commission denial of Variance Mr. Nuzum stated that Mary Sibley and Mary Young had requested a variance to allow structural alterations to an existing nonconforming building; that is the addition of a twelve foot by twenty foot room to the front of their single family dwelling which has no garage or carport and is, therefore, nonconforming. According to the Zoning Ordinance, a nonconforming use may be maintained or repaired but may not be enlarged or extended. Mr. Nuzum explained that the Planning Commission denied the Variance due to the fact that no hardship was shown and the appli- cants have sufficient room to build a garage or carport and thereby make the residence conforming. The applicants had stated that they cannot afford a carport or garage. MORRO BAY CITY COUNCIL Regular Meeting June 23, 1975 Page Four Mayor Donohoo declared the public hearing open at 9:00 p.m. Mary Sibley stated that Thomas Cantine would speak for her in this matter. Mr. Cantine informed the Council that the vote of the Planning Commission was 2-2 with him abstaining. He stated that he had not, previous to the meeting of the Planning Commission, visited the site in person because he felt he was familiar enough with the situation by reviewing Staff's report. After the presentation by the applicant, however, he was not so sure and had discussed it further with the applicant during the recess. Upon advising another Planning Commissioner that he wished to change his vote when the meeting went back into session, he was informed that this was not proper procedure. He did not pursue the matter at the time, however, he encouraged the applicant to appeal the matter to the City Council; and he wanted to explain that had he been allowed to re-vote,.the Variance would have been granted. Councilman Mitchell asked what the hardship in this case is so that the Council would have grounds to grant the Variance. Mr. Cantine stated that the hardship is that the applicant cannot afford to build the garage; also the addition to the residence will improve the area. Councilman Mitchell felt that this might set a precedence and the Council would be forced to grant Variances on the grounds that people cannot afford to comply with the zoning laws. Mary Sibley noted the expense of putting a driveway on the pro- perty and the adding of a garage. MOTION: Councilman Jennings moved that the appeal of Mary Sibley be granted and that she be allowed a variance as requested. The motion was seconded by Councilman Pipitone. Councilman Mitchell stated that he would be voting against the motion since he feels that there are no technical grounds for a hardship in accordance with the zoning laws. The motion carried with Councilman Mitchell voting no. B-4 Report from City Attorney regarding factory built housing Mr. LeSage stated that the difference between mobile homes and factory built housing is in the way they are transported to the site they are to occupy. If a factory built house is brought in with wheels and a trailer hitch, whether or not they are removable, it is considered a mobile home. If it is brought in on a low -boy, designed to be used with a permanent foundation and complies with the Uniform Building Code with regard to single family dwellings, it is a factory built house and is allowable in the State of Cali- fornia. Mr. Nuzum reported on his research regarding architectual controls and reported that most ordinances of cities exempted single family residences. He stated that architectual review boards can work very well if they are given flexible guidelines. Mr. Warden stated that there are five applications presently MORRO BAY CITY COUNCIL, Regular Meeting June 23, 1975 Page Five pending for these type of homes. MOTION: Councilman Jennings moved that the factory built housing as long as it the Uniform Building Code, but that favor of architectual control. The seconded by Councilman Brown. Council approve conforms with they are not in motion was Councilman Mitchell felt that an architectual review board should be considered and that Council should review a sample ordin- ance in this regard. The motion carried with Councilmen Mitchell and Pipitone voting no. Mr. Greenelsh, Planning Commissioner, stated that it might be in order for the Planning Commission to study the matter of adding S-9 conditions to R-1 zoned areas. MOTION: Councilman Mitchell moved that the Planning Commission be asked to consider the addition of S-9 conditions to R-1 areas and to give consideration to the ques- tions discussed this evening with regard to the pro- blems of architectual review and to return their recommendations to the City Council. The motion was seconded by Councilman Jennings. Mr. Warden asked for clarification regarding the pending appli- cations for this type of building in Morro Bay now. Council stated that they had no objections at this time. The motion was unanimously carried. UNFINISHED BUSINESS C-1 Consideration of awarding bid for installation of fishing pier and floating boat docks - continued from 6=9'=75 Councilman Mitchell stated that he would abstain from any dis- cussion or voting in this matter since Wheeler Construction is a client of his office. Mr. Warden stated that at the last Council meeting, Council had returned the matter of the fishing pier bid back to Staff to check with the low bidder to see if he could obtain an A license within a reasonable period of time and to determine if it is legally possible for the Council to award him the bid if he does. Staff had recommended rejecting the low bid from Wheeler Construction and awarding it to the second low bidder, Conco General Engineering Con- tractors. Mr. LeSage stated that the question is whether or not the Council can award a contract to a bidder who acquires an appropriate license subsequent to bidding on the project and before the project is awarded or the contract signed. He is of the opinion that this matter is within Council discretion and they may award the project to the low bidder if they so desire as long as the bidder is properly licensed at the time of the bid awarding. The low bidder in this case, Wheeler Construction, has, since the last Council meeting, MORRO BAY CITY COUNCIL Regular Meeting June 23, 1975 Page Six acquired the proper license. MOTION: Councilman Jennings moved that the Council award the bid for the construction and installation of fishing pier and floating docks to Wheeler Construc- tion in the amount of $38,989. The motion was seconded by Councilman Pipitone. Mr. Russ Whitaker of Conco General Engineering Contractors and second low bidder in the subject project, objected to the City Attorney's ruling in this matter. He called Mr. LeSage's atten- tion to the bid specifications wherein they state that "No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of State law." He felt that if the attorney's ruling stands, any contractor can bid on any project and then acquire a license if he is the low bidder on a project. Mr. LeSage stated that the questions to be answered in this case are what competitive advantage this gives the low bidder, the answer to which is "none"; and how is it unfair, the answer to which is "it is not". It is entirely within the Council's discre- tion to award this bid. Mr. Whitaker advised the Council that he will pursue this matter further with the proper authorities. Mr. LeSage stated that the Council faces potential suit no matter who they award the bid to. The motion was carried with Councilman Mitchell abstaining. Mr. Mike DeNeve, secretary to the County Building Contractor's Association, read a statement regarding the City Council's actions in awarding bids. The statement suggested that they review their bidding procedures and clarify the specifications so that there is no doubt as to the type of license required to perform any given job. He read portions of the Business and Professions Code which he felt applied to this matter. Councilman Mitchell suggested that the Building Contractor's Association should discuss this matter among their members and advise them not to bid on projects unless they hold the proper license to perform the work. C-3 RESOLUTION NO. 48-75 authorizing grant of lease to Orval Leage for portions of Lease Sites No. 35W and 36W MOTION: Councilman Jennings moved that Resolution No. 48-75 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 48-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 48-75. The motion was seconded by Councilman Brown and unanimously carried. MORRO BAY CITY COUNCIL Regular Meeting June 23, 1975 Page Seven NEW BUSINESS D-1 Consideration of awarding bid for South Main Street bicycle path Mr. Warden stated that the low bidder, R. Burke Corporation, has made written notification to the City that there is a mistake in his bid and has asked that he be granted relief and that the Council reject his bid. Mr. LeSage advised that according to the Government Code, relief can be granted to a bidder if the bid is mistaken, written notice is given within five days after bid opening specifying how the mistake occurred and the mistake was madeS.in filling out the bid as opposed to error in judgment or carelessness in inspecting the site of the work. He stated that a corrected bid cannot be submitted; the original one must be rejected. MOTION: Councilman Mitchell moved that the low bidder, R. Burke Corporation, be allowed to withdraw his bid based on error in calculation and that the contract be awarded to the next low bidder, Hi -Way Contractors, Inc., in the amount of $44,040.00. The motion was seconded by Council- man Jennings. Mr. Warden advised that an additional $5,240 needed to be appro- priated to cover the amount over the Engineer's estimate. Councilman Mitchell amended his motion to include that the amount of $5,240 to be taken from reserve to cover the amount of the bid. Councilman Jennings accepted the amendment and the motion was unanimously carried. D-2 Consideration of awarding bid for Atascadero Beach water main - Phase II Mr. Warden stated that the low bidder on this contract was Baker Corporation'in the amount of $90,948.50. An additional $14,114.56 needs to be appropriated to cover the amount over the Engineer's estimate. MOTION: Councilman Jennings moved that the contract be awarded to Baker Corporation in the amount of $90,948.50 and that an additional $14,114.56 be transferred from reserve. The motion was seconded by Mayor Donohoo and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Brown stated that Channels 2 and 9 should be operating full time by September of this year (2) Councilman Mitchell reported on the League of California Cities Board of Directors meeting last week with the Governor regarding the bill that was pending before legislature on MORRO BAY CITY COUNCIL Regular Meeting June 23, 1975 Page Eight right to strike and compulsory arbitration. He understands now that the bill is no longer before the legislature and the current status is unknown. (3) Councilman Jennings suggested that the City explore the possibility of eliminating Coleman Drive on the Embarca- dero to enable the natural flow of the water to take care of the City's dredging problem in the bay. Mr. Warden stated that this has been explored and is not feasible. (4) Councilman Pipitone stated that he heard Mr. Warden say on the radio that the City's position with regard to reclamation of wastewater is the same as it was two years ago and Councilman Pipitone asked what could be done about it. Mr. Warden stated that everything that can be done is being done and the pro- blem lies with the State's settling on requirements. E=2 City Attorney (1) Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden informed the Council that the San Luis Obispo County Capital Improvements Proposal is available for Council review; however, the matter is being heard on June 24th, which is tomorrow. He advised that the library planned for Morro Bay is in Phase II or III of the plan and Morro Bay's needs for a library are much more pressing than that. (2) Mr. Warden reported that the house behind the recently demolished house on Shasta Street is in worse condition than the other one was and requested Council approval for its demo- lition. MOTION: Mayor Donohoo moved that Council approve the demolition of the building at the rear of 900 Shasta. The motion was seconded by Council- man Jennings and unanimously carried. (3) Mr. Warden requested an executive session to discuss salary negotiations. ADJOURNMENT MOTION: Councilman Jennings moved that Council adjourn to executive session to discuss salary negotia- tions. The motion was seconded by Mayor Donohoo and unanimously carried. The meeting adjourned to executive session at 10:27 p.m. and returned to regular session at 10:56 p.m. MOTION: Councilman Jennings moved that the meeting adjourn: The motion was seconded by Council- man Brown and unanimously carried. The meeting adjourned at 10:56 p.m. r Recorded by: / i M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING June 9, 1975 7:30.p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR NOTICE All matters listed under Item A, Consent Calendar, are con- sidered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A-1 Minutes of the adjourned regular meeting of May 28, 1975 A-2 Minutes of the executive meeting of May 28, 1975 A-3 Minutes of the special meeting of May 31, 1975 A-4 Expenditure Report, 5-16-75 through 5-31-75 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 Appeal of Mary Sibley from Planning Commission denial of a Variance (RECOMMEND HEARING DATE BE SET FOR 6-23-75) A-7 Public hearing on adoption of 1975-76 Budget (RECOMMEND HEARING DATE BE SET FOR 6-23-75) A-8 Resolution No. 38-75 consenting to the sublease of a portion of Lease Site No. 8 - Rogers (RECOMMEND ADOPTION) A-9 Resolution No. 39-75 authorizing changes in permitted uses on Lease Site No. 16 - Kirth (RECOMMEND ADOPTION) A-10 Resolution No. 40-75 accepting work and giving notice of comple- tion for remodeling dwelling at 653 Harbor Street for use as a Youth Center (RECOMMEND ADOPTION) A-11 Resolution No. 41-75 accepting work and giving notice of comple- tion for remodeling Fire Station No. 2 for use as a Senior Citizens' Center (RECOMMEND ADOPTION) A-12 Resolution No. 42-75 accepting work and giving notice of comple- tion for construction of tennis courts in Monte Young Park (RECOMMEND ADOPTION) HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of Mr. J. Giannini representing Morro Bay Environmental Association concerning Nacimiento Water Project B-2 Report of City Attorney on Centennial Stairway contractors qualifications UNFINISHED BUSINESS C-1 Consideration of apportionment of. Revenue Sharing funds C-2 Consideration of Resolution No. 43-75 rescinding Resolution No. 32-75 and approving new agreement for Annual Audit for fiscal year ending June 30, 1975 NEW BUSINESS D-1 Award contract for installation and construction of fishing pier and floating boat docks D-2 Consideration of approving Final Map Tract 549 - Greening and Bradstreet INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MORRO BAY CITY COUNCIL Regular Meeting June 9, 1975 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. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None CONSENT CALENDAR A-1 Minutes of the adjourned regular meeting of May 23, 1975 A=2 Minutes of the executive meeting of May 28, 1975 A=3 Minutes of the special meeting of May 31, 1975 A-4 Expenditure Report, 5-16-75 through 5-31-75 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 Appeal of Mary Sibley from Planning Commission denial of a Variance (RECOMMEND HEARING DATE BE SET FOR 6-23-75) A-7 Public hearing on adoption of 1975-76 Budget (RECOMMEND HEARING DATE BE SET FOR 6-23-75 A-8 RESOLUTION NO. 38-75 consenting to the sublease of a portion of Lease Site No. 8 - Rogers - (RECOMMEND ADOPTION) Mr. warden advised Council that they had been provided with a substitute resolution which included the names of husband and wife rather than Mrs. Rogers by herself; both are the lessees of the property. A-9 RESOLUTION NO. 39-75 authorizing changes in permitted uses on Lease Site No. 16 - Kirth (RECOMMEND ADOPTION) A-10 RESOLUTION NO. 40-75 accepting work and giving notice of comple- tion for remodeling dwelling at 653 Harbor Street for use'as a Youth Center (RECOMMEND ADOPTION) i A-11 RESOLUTION NO. 41-75 accepting work and giving notice of comple- tion for remodeling Fire Station No. 2 for use as a Senior Citizens' Center (RECOMMEND ADOPTION) A-12 RESOLUTION NO. 42-75 accepting work and giving notice of comple- tion for construction of tennis courts in Monte Young Park (RECOMMEND ADOPTION) MOTION: Councilman Jennings moved for the approval of the Consent Calendar with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Brown and unanimously carried. MORRO BAY CITY COUNCIL Regular Meeting June 9, 1975 Page Two HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of Mr. J. Giannini representing Morro Bay Environ- mental Association concerning Nacimiento Water Project Mr. Giannini read a statement signed by Mr. J. N. Moses, presi- dent of the Morro Bay Environmental Association which advocates the Association's proposal for the City to adopt a policy which "regulates the growth and/or development to the limits of essential resources". The statement reviewed the costs of the Nacimiento Water Project and suggested that the City of Morro Bay has enough water by using the present groundwater resources, using water conservation measures, re -use of sewage effluent, and the use of Whale Rock in emergencies. It suggested telling those who own property here and want to build that if they can provide their own water outside Morro Bay's water- shed, they can have a building permit. The Mayor thanked Mr. Giannini for this presentation. B=2 Report of the City Attorney on Centennial Stairway contractor's qualifications Mr. LeSage reviewed the Council's award of the Centennial Stair- way contract to Gray Construction, the low bidder on the project. At the time of awarding the bid, the contractor had let his B license elapse. Mr. LeSage made a determination that the bid could still be awarded to the low bidder if the license is in effect at the time the contract is signed by the City. A B license is suffi- cient for the construction of the Centennial Stairway. Mr. LeSage stated that he had researched this matter because of questions posed by the second low bidder and his attorney. Councilman Mitchell asked about Item D-1 on the agenda which does not allow the bid to be awarded to the low bidder because he does not have the proper license. Mr. LeSage stated that the particu- lar project requires the specific skills of an A licensed contractor. Mr. Warden stated that this matter had been brought to Council for their information and he would proceed with the contract as approved by Council previously if there are no objections. 'Council had no objections. UNFINISHED BUSINESS C-1 Consideration of apportionment of Revenue Sharing funds Mr. Warden stated that the Council had, at the budget study session on May 31, 1975, .requested that Staff take half of the $20,500 allocated to the Main Street bike path and apply it toward improvements at Keiser Park. Staff was to come back with proposals for these improvements. Council is in receipt of a memo from the Director of Public Works which recommends installing "dug -outs" for the baseball players, purchasing playground equipment, and more landscaping in the form of shrubs and trees. Mr. Warden basically agrees with this proposal, however, recommends that Council allocate the monies towards improvements at Keiser Park and refer the matter to the Parks and Recreation MORRO BAY CITY COUNCIL Regular Meeting June 9, 1975 - Page Three Commission for recommendations to.the Council. MOTION: Councilman Jennings moved that Council follow the recommendation as suggested placing $10,000 of the $20,500 allocated to the bike path towards improvements at Keiser Park, and that the matter be referred to the Parks and Recreation Commission for recommendations as to the improvements. The motion was seconded by Councilman Mitchell and carried with Councilman Pipitone voting "no". C=2 RESOLUTION NO. 42-75. Resolution rescinding Resolution No. 32-75 and approving new agreement for Annual Audit for fiscal year ending June 30, 1975 MOTION: Councilman Jennings moved that Resolution No. 43-75 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 43-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 43-75. The motion was seconded by Councilman Pipitone and unanimously carried. NEW BUSINESS D-1 Award contract for installation and construction of fishing pier and floating boat docks Mr. Warden reviewed the bids.: stating that Staff is recommending that the bid be awarded to Conco Engineering which is the second low bidder. The reason for this is that the low bidder, Wheeler Construction, only has a B-1 contractor's license and an A license is required. Councilman Mitchell asked if the low bidder could not be con- tacted and asked if he could obtain an A license in order to comply with the specifications so that the Council could award the bid to him. Mr. Warden suggested that perhaps the bid procedures should be changed since the specifications only require that the bidder comply with the Business and Professions Code and should instead state the license, A or B, required to qualify the bidder. MOTION: Councilman Jennings moved that Council follow Staff recommendations in this case and accept the bid of Conco Engineering in the amount of $41,866. The motion died for lack of a second. Mr. Warden stated that Staff could contact': the low bidder and find out if he can obtain an A license as required by the specifi- cations. MOTION: Councilman Mitchell moved that Staff contact Wheeler Construction to determine if they could obtain a proper license within a reasonable period of time and Staff to report back to the MORRO BAY CITY COUNCIL Regular Meeting June 9, 1975 - Page Four Council on this matter at the next Council meeting. The motion was seconded by Council- man Jennings and unanimously carried. MOTION: Councilman Jennings moved that Staff be instructed to review the bidding procedures as far as re- quirements for qualified contractors and make recommendations for changes. The motion was seconded by Councilman Brown. Councilman Mitchell stated that this would mean consultation with the City Attorney in each case to determine the type of license required for certain projects. The motion was unanimously carried. D-2 Consideration of approving Final Map Tract 549 - Greening and Bradstreet Mr. Nuzum, Planning Director, reviewed this matter with Council stating that the project consists of condominiums on Dunes Street overlooking the Embarcadero. All trees will be preserved. The Tract Map complies with the Tentative Map and has been approved by the Planning Commission. It is in order to direct the City Clerk to sign this map. MOTION: Councilman Jennings moved that the City Council find approval of the Final Map Tract 549 and direct the City Clerk to sign said map. The motion was seconded by Councilman Brown and unani- mously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Pipitone requested time to go over a matter with Council. He reviewed the estimated expenditures and revenues for the fiscal year 1975-76 and stated that the City anti- cipates an increase in revenues as a result of the increased --assessed values in property in the amount of $103,140. He proposed that the City Council cut the proposed budget in the amount of $100,000 which could reduce the tax rate in the City of Morro Bay from $1.00 to $.75. He stated that this could be accomplished without a decrease in services by reducing the Council's salary by $50.00 per month which would cut the budget a total of $3,000 per year; not purchase a car for the City Administrator in the amount of $4,600; and not allow the additional personnel requested in the Police Department. He also recommended tapping the City's reserve which is estimated at $1,183,606. Councilman Pipitone discussed the top heavy load in the Public Works Department and illustrated the chain of command for the Street Department. He stated that a tax cut would be a small attempt on the part of the City of Morro Bay to stop inflation. MORRO BAY CITY COUNCIL Regular Meeting June 9, 1975 - Page Five MOTION: Councilman Pipitone moved that Council return the proposed budget to the City Administrator with instructions that they determine how they can change the budget enough so that there:is no loss of services, no loss of jobs, no cut in anyone's salary, and which would reduce the tax rate from $1.00 to $.75. Councilman Brown offered the amendment that this would include the adjustment for the future wage negotiations that will be effective in this budget; the amount of money allocated for the next year and adjust it accordingly. Councilman Pipitone accept this amendment. The motion was seconded by Councilman Brown. There was considerable discussion of this matter with Council- man Mitchell stating that this might mean a decrease in taxes of $25.00 to the average home owner, but would mean a considerable decrease to P. G. & E. which seems to defeat the purpose. Council- man Pipitone maintained that the City would still be giving some- thing back to the citizens and this would be a step in the right direction. Councilman Mitchell stated that he would rather see the money returned to the citizens in the form of services which they cannot purchase for themselves. Councilman Jennings was against the decrease in the City Council's salary.and-the-faet-that-this-Weald-a€€eet the -reserve-whlek-is-p}aitned-€er-futere-reeeessarp-pro gee ts- * The motion failed on the following roll call vote: AYES: Councilmen Brown and Pipitone NOES: Councilmen Jennings, Mitchell, and Mayor Donohoo (2) Councilman Brown reported on the Area Planning Council's meeting regarding the Regional Transportation Plan and stated that all the positions adopted by the Council had been accepted and would be included in the Plan. E=2 City Attorney (1) Mr. LeSage stated that he is researching the matter of the use of factory built homes as opposed to mobile homes. Mr. Warden elaborated on this by saying that the City has no control over factory built home except possibly by design review. MOTION: Councilman Jennings moved that Staff be instructed to inform the State Division of Housing that the City would like to take over the inspection of mobile homes and travel trailers. The motion was seconded by Councilman Mitchell and unanimously carried. MOTION: Councilman Mitchell moved that Staff be directed to prepare and submit information with regard to design review boards so Council can look into whether or not they would like to establish procedures in the City. * He was opposed to the reduction in the tax rate due to the way this would affect the reserve. (Corrected 6-23-75) MORRO BAY CITY COUNCIL Regular Meeting June 9, 1975 - Page Six The motion was seconded by Mayor Donohoo and unanimously carried. (2) Mr. LeSage requested an executive session to discuss litigation. E-3 City Administrator (1) Mr. Warden informed the Council that he had received a request from Mrs. Virginia Black of the Chamber Choir requesting funds from the City to help the Choir get to Mexico. Mr. Warden had consulted Mr. LeSage on this matter. Mr. LeSage stated that giving monies to a specific organization that would not benefit the public is considered a gift of public funds and is not allowable under a general law city. MOTION: Councilman Mitchell moved that Staff be directed to inform Mrs. Black that it is not legally possible for the City to contribute to the Choir. The motion was seconded by Councilman Brown and unanimously carried. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting adjourn to executive session to discuss litigation. The motion was seconded by Councilman Mitchell and unanimously carried. The meeting adjourned to executive session at 8:42 p.m. and returned to regular session at 8:50 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 8:50 p.m. Recorded by: M. L. WARDEN, City Clerk �(CCG7QiL vO�i'y-- �o By: Ardith Davis Deputy City Clerk b NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Saturday, May 31, 1975, at 9:00 a.m, in the Morro Bay Recreation Hall, Shasta Avenue and DTunes Street, Morro Bay, California; to consider the 1975-76 Budget. DATED: May 16, 1975 FRED R. DONOHOO, Mayor City of Morro Bay, California By: M. L.-WARDEN, City ClerK MINUTES - MORRO BAY CITY COUNCIL Special Meeting May 31, 1975 - 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 1975-76 fiscal year. ROLL CALL PRESENT: Councilmen Brown, Jennings, Pipitone and Mayor Donohoo ABSENT: Councilman Mitchell Mr. Warden reviewed the Preliminary Budget and the Budget Detail information and stated that the items contained .therein were Staff's estimation of the City's needs for the coming year. Council has the option to delete, change or add anything they feel necessary. The proposed figures do not include any salary changes as negotiations are still pending with the associations. COUNCILMAN MITCHELL WAS PRESENT AT 9:05 a.m. Mr. Warden stated that the proposed budget is a balanced budget and it does not appear that it will be necessary to increase the tax, rate even after salary negotiations are completed. Mr. Warden informed the Council that an additional item in this year's proposed budget is a reserve schedule for the various projects the City is facing in the near future. 1. Police Department - Budget Account 2500 Mr. Warden reviewed the Police Department budget explaining that an additional employee, Dispatcher Clerk, is being asked for. This position will, in effect, create an additional 1 1/3 officer available for field duty. Mr. Warden illustrated how this would be accomplished. Mr. Warden stated that in the future, the composition and organization of the Police Department will change. One such change is to hire lower cost Dispatcher Clerks, either male or female, in place of higher paid, police trained, sworn officers. Councilman Pipitone did not feel that this was a necessary position. He felt that since incorporation, the Police Department had been increased in personnel only in the administrative area and the number of officers in the field had remained the same. There was further discussion regarding this matter. Mr. Warden reviewed the request for pocket pages which is being recommended as a revenue sharing item. This will enable employees and reserves to travel anywhere in the City and still be in contact with the station; also, the City will not have to pay standby time if the employee is not confined to his home. There was discussion regarding this item and it was decided that Revenue Sharing expenditures would be 'discussed separately and any approval of budget accounts would not extend to the Revenue Sharing items included therein. MOTION: Councilman Mitchell moved for the approval of Budget Account 2500. The motion was seconded by Councilman Jennings. MORRO BAY CITY COUNCIL Special Meeting May 31, 1975 - Page Two Councilman Brown stated that he was interested in reducing City expenditures and, therefore, he was opposed to the hiring of a Dispatcher Clerk since he'did not feel that the expenditure is justi- fied. Councilman Mitchell stated that he also is interested in seeing that tax revenue is not spent to excess, however, he would also like to see the revenue returned to the taxpayers in the form of services. The motion was carried on the following roll call vote: AYES: Councilmen Jennings, Mitchell and Mayor Donchoo NOES: Councilmen Brown and Pipitone Councilman Brown clarified his vote by stating that he was against the hiring of the dispatcher clerk. RECESS 10:30 a.m. RECONVENED 10:37 a.m. Mr. Howard Gaines asked if he could address the Council with regard to the estimated revenue. He felt that the budget had been overestimated this year, as it has in the past, and that the City should return the excess to the taxpayers in the form of reduced taxes in view of the considerable increase in assessed property valuations for this year. Mr. Bruce Risley complimented Staff on keeping the budget down to a 12.5% increase over last year's budget. He felt that perhaps the Council could consider cutting the tax rate when they know how much they will receive from property taxes which should be around July or August. 2. School Crossing Guard - Budget Account2900 MOTION: Councilman Jennings moved for the approval of Budget Account 2900. The motion was seconded by Councilman Brown and unanimously carried. 3. Fire Department - Budget Account 2600 Mr. Warden discussed the effects of the Fair Labor Standards Act on the Fire Department. This law is still pending. The Fire Chief had requested filling the position of Fire Marshal or Assistant Fire Chief which Mr. Warden had disapproved. He is not convinced that this position is necessary and feels that the on -duty Captains can effecti- vely cover during the Chief's absence. Included within the Fire Department is an annual physical exam- ination for paid firemen. This is to preclude such things as heart attack, hernia, ulcers, etc., things of a chronic nature. There was discussion regarding a heart attack film and it was decided to purchase a more 'expensive and up-to-date film. Comments were heard from Shirley McGuire,' Bill Mehaffey and Stan Thomas. Mr. Warden explained the request for a heart and lung resuscitator. This equipment is valuable for continuing first aid for heart and lung 0 MORRO BAY CITY COUNCIL Special Meeting May 31, 1975 - Page Three emergencies while transporting. victims. It is planned that the equip- ment will beplaced on the ambulance.' The reason for this is that the equipment is used in transporting and the Fire Department does not transport, but provides emergency call first aid. Mrs. Shirley McGuire'stated that she represented the Medical Committee endorsing this purchase and suggested that the other entities using the ambulance service be asked to pay a proportionate share of the cost. It was decided to leave the item in the budget, but that Staff would present the matter to the Council before purchasing it with facts regarding recommendations from medical people and whether or not the County would be interested in joining with the City in its cost. MOTION: Councilman Jennings moved for the approval of Budget Account 2600 with the understanding that the heart and lung resuscitator purchase will be brought back to Council for consideration before it is purchased. Councilman Mitchell offered the amendment regarding the new heart attack film. Councilman Jennings amended his motion to include that the more up-to-date film for $330.00 be inserted in 2602.17 in the place of "In Time to Live" for $160.00, increasing Budget Account 2600 by $170.00 to a total of $196;054. The motion was seconded by Council- man Mitchell and unanimously carried. Council decided to break for lunch and reconvene at 1:30 p.m. RECESS 11:50 a.m. RECONVENED 1:30 p.m. 4. Recreation Department - Budget Account 2300 For. Warden informed the Council that the main change in personnel in this budget was a raise in salary for the Director and the hiring of a full-time Recreation Supervisor. It is felt that this additional full-time employee will cut part-time employee hours in other areas. Councilman Brown asked Mr. Warden for the justification of the raise in salary for the Director. Mr. Warden stated that it is a judgment factor on his part and is in line with the Director's res- ponsibilities and the wages received by other Recreation Directors with like responsibilities. Mr. Warden reviewed the history of the City's Recreation Department. MOTION: Councilman Jennings moved for the approval of Budget Account 2300. There was further discussion regarding the Director's salary with Councilmen Brown and Pi_pitone not in favor of it. Mr. Warden emphasized that the raise had not been initiated by Mr. Braga, but was Mr. Warden's estimation of the value of the position. Councilman Mitchell was in favor of a strong recreation program in the City. MORRO BAY CITY COUNCIL Special Meeting May 31, 1975 - Page Four The motion was seconded by Mayor Donohoo and carried with Councilmen Brown and Pipitone'voting "no". 5. Planning'& Buil'ding'= Bud'de't'Account 3900 Mr. Warden reviewed this budget account with Council. He stated that Staff is recommending that the General Plan be completed this year instead of spread over a three year period as originally intended. MOTION: Councilman Jennings moved for the approval of Budget Account 3900 as suggested. The motion was seconded by Councilman Brown and unanimously carried. 6. Planning Commission - Budget Account 1600 MOTION: Councilman Jennings moved for the approval of Budget Account 1600 as suggested. The motion was seconded by Councilman Brown and unanimously carried. 7. Community Promotion —Budget Account 1900 Mr. Warden explained that the Chamber is requesting a continuation of last year's 25% of bed tax receipts which is estimated at $25,000. Also included in this budget account is the amount of $2250 for Christmas lights for the Embarcadero. Richard Palmer, Chamber manager, was present to answer questions by Council. Councilman Pipitone asked Mr. Palmer what the goals for the Chamber were for the coming year. Mr. Palmer stated that they are currently working on a group insurance policy for Chamber members, their families and their employees. They also hope to have several programs directed towards making money in order to make the Chamber more self-sufficient. Councilman Mitchell questioned the Chamber's activities insofar as taking a stand on political issues. He felt this was not a proper thing to do since they are receiving General Fund monies and, in effect, people are supporting them who may not agree with their view point. There was considerable discussion on this with comments from Shirley McGuire and Chamber president, Rick Abdella. Mr. Palmer maintained that the Chamber has a responsibility to the business community and Council felt this would be fine if the Chamber derived its sole support from that business community. In this case, it does not. Mr. Abdella stated that the Chamber would discuss this matter and Council views would be related to the 'members. MOTION: Councilman Jennings moved for the approval of Budget Account 1900 as suggested. The motion was seconded by Councilman Mitchell. Comments were heard from Howard Gaines and Paul Kelsey. MORRO BAY CITY COUNCIL' Special Meeting May 31, 1975 - Page Five The motion was unanimously carried. 8. ' General Government 'Buildings Budget Account 1800 MOTION: Councilman Jennings moved for the approval of Budget Account 1800 as suggested. The motion was seconded by Councilman Mitchell and unanimously carried. Councilman Pipitone commented on the valuable employee, John Cottalorda, Maintenance Man at the Vet's Hall. He has had many com- pliments concerning this employee. 9. Engineering & Administration* '= Budget Account 3000 MOTION: Councilman Jennings moved for the approval of Budget Account 3000 as suggested. The motion was seconded by Councilman Mitchell and unanimously carried. RECESS 2:30 p.m. RECONVENED 2:36 p.m. 10. Parking Facilities'- Budget Account 3100 MOTION: Mayor Donohoo moved for the approval of Budget Account 3100 as suggested. The motion was seconded by Councilman Jennings and unanimously carried. 11. Storm Drains Budget Account 3200 MOTION: Councilman Jennings moved for the approval of Budget Account 3200 as suggested. The motion was seconded by Councilman Brown and unanimously carried. Mrs. McGuire announced that she had to leave the meeting but wished to express her appreciation for the Council members' time and thorough review of this budget. 12. Streets - Budget Account 3300 MOTION: Councilman Jennings moved for the approval of Budget Account 3300 as suggested. The motion was seconded by Councilman Mitchell and unanimously carried. Councilman Pipitone asked about CETA employees and he was informed that the City currently has four in the Public Works Department. 13. 'Sanitary Budget "Account' '34'00 Mr. Warden explained that he had recommended against the construc- tion of the block shop and storage build ng;.and,,the_''.^^grit removal facility at the treatment plant in view of the'fact that they may be eligible for federal funds. MORRO BAY CITY COUNCIL Special Meeting May 31, 1975 - Page Six MOTION: Councilman Jennings -moved for the 'approval of Budget Account 3400 as suggested. The' motion was seconded by Councilman Brown and unanimously carried. 14. Water'- Budget Account'3600 Mr. Warden discussed increasing sizes of mains in various locations in the City. Mr. Howard Gaines felt that the user should pay rather than having funds come out of General Fund. Councilman Brown disagreed stating that the mains were there and needed an increase in size in order to provide adequate pressure for current residents. MOTION: Councilman Jennings moved for the approval of Budget Account 3600 as suggested. The motion was seconded by Councilman Brown and unanimously carried. 15. Harbor - Budget Account 3700 Mr. Warden reviewed the annual shoreline protection project, which may be eligible for a Corps of Engineers funding or work. MOTION: Councilman Jennings moved for the approval of Budget Account 3700 as suggested. The motion was seconded by Councilman Mitchell and unanimously carried. 16. Parks & Playgrounds - Budget Account 3800 Mr. Warden reviewed the negotiations for a lease for the Methodist Church property for use as a park. He suggested that Council may want to look at purchasing the property since the assessed valuations have increased so much and a provision of the arrangement is that the City pay the taxes as rental. MOTION: Councilman Jennings moved for the approval of Budget Account 3800 as suggested. The motion was seconded by Mayor Donohoo and unanimously carried. 17. "Street Lighting - Budget Account 4000 Mr. Warden explained that the figure quoted in the budget includes the new Underground Utilities District No. 2. MOTION: Councilman Jennings moved for the approval of Budget Account 4000 as suggested. The motion was seconded by Councilman Brown and unanimously carried. 18. RevenueSharing Mr. Warden reviewed the constraints placed on Revenue Sharing projects; the most important one being the 'need to expend these monies on one=time items only since'it is not known from year to year whether Revenue Sharing will be 'continued or not. There was discussion regarding the government's intent for the use of these funds. 0 MORRO BAY CITY COUNCIL Special Meeting May 31, 1975 - Page Seven Councilman Jennings spoke in favor of the portable pagers. Comments were heard from Gordon Smur and Howard Gaines. Councilman Mitchell suggested taking half of the money allocated towards the bicycle 'lane and placing it towards improve- ments in Keiser Park. It was noted that the bicycle path could be constructed on a smaller scale. Councilman Jennings and Mayor Donohoo agreed. Staff was directed to investigate possibilities for improvements at this park and bring them back for Council approval. Mr. Warden emphasized that Council is responsible for the allocating of Revenue Sharing monies and that the list presented to them are suggestions only. Council members agreed with using Revenue Sharing monies for pagers except for Councilman Pipitone. He felt they were being purchased for the convenience of the employee more than they were actually necessary. Mr. Jennings felt, however, that they would result in a higher level of response to emergency situations. MOTION: Councilman Jennings moved for the approval of the Revenue Sharing allocations as presented with changes as suggested regarding the bicycle lane and improvements at Keiser Park. The motion was seconded by Councilman Mitchell and carried with Councilman Pipitone voting no. RECESS 3:44 p.m. RECONVENED 3:47 p.m. 19. City Council - Budget Account 1000 MOTION: Councilman Jennings moved for the approval of Budget Account 1000 as suggested. The motion was seconded by Councilman Mitchell and unanimously carried. 20. Administration - Budget Account 1100 MOTION: Councilman Jennings moved for the approval of Budget Account 1100 as suggested. The motion was seconded by Councilman Mitchell and unanimously carried. 21. Legal - Budget Account 1400 MOTION: Councilman Jennings moved for the approval of Budget Account 1400 as suggested. The motion was seconded by Councilman Brown and unanimously carried. 22. Finance`- Budget Account'1'500 MOTION: Councilman Jennings moved for the approval of Budget Account 1500.as suggested. The motion was seconded by Councilman Mitchell, 0 MORRO BAY CITY COUNCIL Special Meeting May 31, 1975 - Page Eight Councilman Brown noted that there was an for the Account Clerk I to Account Clerk II. that this position is held by Jane Meyer and the position warrant the 'increase.' The motion was unanimously carried. 23. Elections - Budget Account 2000 increase in position Mr. Warden advised the responsibilities of MOTION: Councilman Jennings moved for the approval of Budget Account 2000 as suggested. The motion was seconded by Mayor Donohoo and unanimously carried. 24.General Services = Budget Account 2200 There was some discussion regarding insurance rates. MOTION: Councilman Jennings moved for the approval of Budget Account 2200 as suggested. The motion was seconded by Councilman Mitchell and unanimously carried. 25. Animal Regulation - Budget Account 2700 MOTION: Councilman Jennings moved for the approval of Budget Account 2700 as suggested. The motion was seconded by Mayor Donohoo and unanimously carried. 26. Civil Defense - Budget Account 2800 MOTION: Councilman Jennings moved for the approval of Budget Account 2800 as suggested. The motion was seconded by Councilman Brown and unanimously carried. MOTION: Councilman Mitchell moved that the meeting be adjourned. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned at 4:03 p.m. RECORDED BY: MURRAY L. WARDEN City Clerk By: Ardith- Davis Deputy City Clerk PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the regular meeting of the Morro Bay City Council scheduled .for May 26, 1975, has, by minute. order of the City Council, been changed to Wednesday, May 28, 1975, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California. DATED: May 16, 1975 FRED R. DONOHOO, Mayor City of Morro Bay, California &i�klz-411 By: M. L. WARDEN, City Clerk i May 28 6 0 CITY OF MORRO BAY AGENDA - ADJOURNED CITY COUNCIL MEETING May 28, 1975 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR NOTICE All matters listed under Item A, Consent Calendar, are con- sidered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A-1 Minutes of the regular meeting of May 12, 1975 A-2 Minutes of the executive meeting of May 12, 1975 A-3 Expenditure Report, 5-1-75 through 5-15-75 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Resolution No. 34-75 amending procedures and guidelines governing Environmental Impact Procedures - continued (RECOMMEND APPROVAL) A-6 Resolution No. 35-75 accepting work and giving notice of comple- tion for repainting exteriors of two Kings Avenue water storage tanks (RECOMMEND ADOPTION) A-7 Resolution No. 36-75 approving renewal of U.S. Coast Guard Lease #DOT-CG12-4020 - storage building (RECOMMEND ADOPTION) A-8 Resolution No. 37-75 approving renewal of U.S. Coast Guard Lease #DOT-CG12-4532 - dock space (RECOMMEND ADOPTION) HEARINGS, APPEARANCES AND REPORTS B-1 Presentation of Citizens' Policy Conference Goals by Owen Menard & Associates B-2 Report of Carollo Engineers on Water Distribution System and Sewer System Plan of Work B-3 Consideration of light standards for Underground Utilities District No. 2 - Presentation by P. G. & E. B-4 Report of Harbor Ordinance Committee concerning use of City "T" Pier UNFINISHED BUSINESS C-1 Consideration of Staff comments regarding Regional Transportation Plan - continued C-2 Request for lease on Lease Sites No. 52 & 52W (area south of Sylvester's docks) C-3 Consideration of claim of Dennis L. Friend for damages C-4 Ordinance No. 137, Subdivision Ordinance Amendments - second reading NEW BUSINESS D-1 Consideration of contract with Carollo Engineers for Wastewater Project D-2 Consideration of Municipal Code Section 14.68 concerning con- struction of private irrigation well within City limits D-3 Consideration of request for change in uses for Lease Site No. 16 - Kirth D-4 Consideration of letter from Chamber of Commerce supporting donation of life-size wood sculpture INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MORRO BAY CITY COUNCIL Adjourned'Regular Meeting May 28, 1975 - 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. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of May 12, 1975 A-2 Minutes of the executive meeting of May 12, 1975 A-3 Expenditure Report, 5-1-75 through 5-15-75 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 RESOLUTIONi''NO. 34-75 amending procedures and guidelines governing Environmental Impact Procedures - continued (RECOMMEND APPROVAL) A-6 RESOLUTION NO. 35-75 accepting work and giving notice of completion for repainting exteriors of two Kings Avenue water storage tanks (RECOMMEND ADOPTION) A-7 RESOLUTION NO. 36-75 approving renewal of U. S. Coast Guard Lease #DOT-CG12-4020 - Storage building (RECOMMEND ADOPTION) A-8 RESOLUTION NO. 37-75 approving renewal of U. S. Coast Guard Lease #DOT-CG12-4532 - dock space (RECOMMEND ADOPTION) Mr. Warden reviewed all items with Council. MOTION: Councilman Jennings moved for the approval of the Consent Calendar with the understanding that approval means taking that action re- commended by the City Administrator. The motion was seconded by Councilman Brown and unanimously carried. HEARINGS, APPEARANCES AND REPORTS B-1 Presentation of Citizen's Policy Conference Goals by Owen Menard and Associates Mr. Menard of Owen Menard & Associates presented the'Citizen's Policy Conference Goals to the Council. He stated that the process had started last fall when various citizens met to consider goals for the City to be used in the updating of the General Plan. After the committees involved developed certain goals, Menard & Associates com- piled them and presented them to the Policy Conference as a whole. Certain goals were adopted by them and presented to the Planning Commission. Council is in receipt of the final list of goals as modified and adopted by the Planning Commission. Mr. Menard reviewed the goals which included specifications for community design, environ- mental quality, community development, circulation, housing, and MORRO BAY CITY COUNCIL Adjourned Regular Meeting May 28, 1975 - Page Two public services. He 'informed the Council of the 'progress on the.General Plan and stated that the Parks and Recreation Element has been delivered to Staff at this time for review. After the proposed goals are 'adopted, the consultants can proceed with. the 'rest of the elements. Council asked several questions of the goals and Councilman Mitchell stated that the committee and consultant had done a good job in developing these 'goals. He 'asked how they would be implemented. Mr. Menard stated that they would be implemented into the General Plan. He also stated that a General Plan is no better than the desires of the community to implement it. MOTION: Councilman Jennings moved that the twenty- five Citizens Policy Conference General Plan Goals be referred to Owen Menard & Associates for planning guidelines in their development of the City's General Plan. The motion was seconded by Councilman Brown and unanimously carried. B-2 Report of Carollo Engineers on Water Distribution System and Sewer System Plan of Work Mr. James Emanuel from John Carollo Engineers presented a review of the Trunk Sewer Study and the Master Water Plan for the City of Morro Bay. He reviewed the problems with current systems, proposed improvements, and cost estimates for improvements. RECESS 8:34 p.m. RECONVENED 8:41 p.m. B-3 Consideration of light standards for Underground Utilities District No. 2 - presentation by P.G. & E. Mr. Pete Darnton, representing P. G. & E. reviewed various light standards and their respective costs for Council. He stated that he had met with the businessmen of the community and the Chamber of Commerce and they were in favor of the pole -type light because of the additional illumination as opposed to the post -type light presently on the Embarcadero. The costs offered by P. G. & E. were as follows: POLE TYPE - 32 feet tall, 24 lights la. Unistyle-Arm - $ 8,500 lb. Styleview - $20,500 lc. Concourse - $18,000 POST TYPE - 12 feet tall, 44 lights II Town and Country - $18,000. Mr. Darnton recommended the pole type 'light, either la, lb, or lc. It was noted that Council needs to makea decision this evening if the project is to proceed on its present schedule.If a decision is not made, the project date will have to be adjusted. Mr. Mitchell presented a rendition of light standards which • 0 MORRO BAY CITY COUNCIL Adjourned Regular Meeting May 28, 1975 - Page Three Coalinga had that he 'felt were particularly attractive and of value aesthetically and asked Mr. Darnton if he could comment on this type; or quote costs.' Mr. Darnton stated that this type contains the disadvantages of both the post and pole --:type 'lighting and he was not sure P.G. and E. would-agree'to install this type. He quoted a figure of $30,000 to $45,000 for this type of lighting. Council members discussed at length the 'various lighting standards. They were in receipt of letters from the Chamber of Commerce and the Morro Bay Merchants Association in favor of the pole -type lighting. Councilman Mitchell felt that the matter should be postponed until Mr. Darnton could return with more definite in- formation on the Coalinga lighting system, even if it means post- poning the project somewhat. He feels that aesthetics are..•very important. Mayor Donohoo and Councilman Jennings felt that adequate lighting was more important. MOTION: Councilman Jennings moved that Council approve style "lb" for lighting standards. The motion was seconded by Mayor Donohoo. Councilman Mitchell reiterated his opposition to this plan. The motion failed on the following roll call vote: AYES: Councilman Jennings and Mayor Donohoo NOES: Councilmen Brown, Mitchell and Pipitone MOTION: Councilman Mitchell moved that P. G. & E. investigate other possibilities for lighting including the type used in the City of Coalinga and report back to Council as to costs and the feasibility of P.G. & E. installing same. The motion was seconded by Councilman Brown and carried with Councilman Jennings and Mayor Donohoo voting "no". B-4 Report of Harbor Ordinance Committee concerning use of City "T" Pier Mr. Warden stated that the Harbor Ordinance Committee had met on May 6, 1975 and made the following recommendations with regard to docking at the City "T" Pier: 1. That the resolution be changed to allow occupanc� at the City "T" Pier under extraordinary circumstan es as determined by the Council on a case by case basis. 2. Allow the Cunningham's vessel, "Yorida", a one month extension under specified conditions. 3. Allow the :"Blue'Eagle" a one year extension. There was discussion with regard to the Cunningham boat, "Yorida". Mrs. Cunningham maintains that there is no available space in the harbor capable of handling their boat because of its size.' MORRO BAY CITY COUNCIL Adjourned Regular Meeting May 28, 1975 - Page Four Councilman Mitchell felt that the'City was obligated to follow the rules and regulations since all.other boats docked at the City "T" Pier had been asked to leave and had done so. There was considerable discussion on the matter with Mrs. Cunningham unable to offer any solutions until they are finished with the'construction of the boat, which she estimates will take another six months. MOTION: Councilman Jennings moved that Council approve the change in the Harbor Rules and Regulations as recommended by the Harbor Ordinance Committee. The motion was seconded by Councilman Mitchell and unanimously carried. MOTION: Councilman Jennings moved that the"Blue Eagle" be given a oneiyear extension for docking at the City "T" Pier and the Cunninghams' "Yorida" be given six months to complete con- struction of their boat; this action is in accordance with the proposed change in the resolution approved above. The motion was carried with Councilman Mitchell abstaining due to his involvement with litigation re- garding the "Blue Eagle". UNFINISHED BUSINESS C-1 Consideration of Staff comments regarding Regional Transportation Plan - continued Mr. Warden reported on his efforts to obtain federal grants from the Urban Mass Transportation Agency for the City's Dial -A -Ride system and methane gas conversion; two projects which are very closely related. He had originally been informed by UMTA that the criteria for obtaining federal funds for this project was an adopted Regional Transportation Plan, which has been accomplished. He has just been informed that the new criteria is that the Transit District or Joint Powers Agreements recommended by the plan must be in being. This means at least a two year delay since it will take this long for the Transportation Plan to be implemented. Mr. Warden feels very strongly about the change in the criteria for this project and will bring the matter back to Council after he learns more about the changes. He suggests that Council direct letters to their Congressmen, if this matter is not resolved to the City's satisfaction. With regard to the County Regional Transportation Plan, the Council is in receipt of Staff's input and suggestions to this plan. Councilman Jennings stated that he'was in favor of all suggestions made, but wished to include the addition of'800 foot to the present San Luis Obispo airport runway. Mayor Donohoo also was in favor of the proposed input. Councilman Mitchell suggested eliminating "... but interchange if signals not possible." in item 2-43 of the suggestions; and "...and future interchange." in item I under Recommended Improvement Program. Also, he felt that Highway #1 re=routing around Morro Bay instead of through it should be 'discussed. Mayor Donohoo suggested care 'should be exercised in creating aregional agency with taxing powers such as a Transit District. 0 MORRO BAY CITY COUNCIL Adjourned Regular Meeting May 28, 1975 - Page Five MOTION: Councilman Mitchell'moved that the proposed comments be forwarded to the Area Council through Councilman Brown with the suggested changes,to item 2-43 and I; and Council- man Brown should also express the Council'.s. desire'that the Ye=routing of Highway #1 around Morro Bay should be treated in the Plan. The motion was seconded by Councilman Pipitone and carried on the following roll'call vote: AYES: Councilmen Brown, Jennings, Mitchell and Pipitone NOES: Mayor Donohoo MOTION: Councilman Jennings moved that an additional comment be added that the Council would like to see the 800 foot runway included in the Airport Plan. The motion was seconded by Mayor Donohoo and failed on the following voice vote: AYES: Councilman Jennings and Mayor Donohoo NOES: Councilmen Pipitone and Mitchell ABSTAINED: Councilman Brown C-2 Request for lease on Lease Sites No. 52 & 52W (area south of Sylvester's docks) Council is in receipt of a proposal from Mr. Reg. Whibley for Lease Sites No. 52 and 52W. He suggests that he will use the site for a woodworking shop, sail shop, mooring and diving, retail sales, boat dockage and work dock, and boat charter. His letter details these uses. The Planning Commission approved the uses with the re- strictions previously set down for this site; these being that the lease site only be leased (not the street end), that the water be fully developed into slips, land be covered by no more than 25% by buildings, and that no more than 40% of the frontage be utilized. It was also recommended that the option for leasing be held open for one year only and that the matter then come back to Planning Commission for review and recommendations. Mr. Warden stated that there are several other people interested in the site and suggested going to public bid on the property with the emphasis being on use rather than on money to be generated from the use. Mr. Reg Whibley was present and elaborated on his proposed uses. MOTION: Councilman Mitchell moved that Staff be directed to advertise the lease site setting forth those matters as suggested and that the proposals be submitted to the Council for de- termination. The motion was seconded by Councilman Brown and unanimously carried. C-3 Consideration of claim of Dennis L. Friend for damages Mr. LeSage'stated that the City's insurance'carrier has advised i MORRO BAY CITY COUNCIL Adjourned Regular Meeting May 28, 1975 - Page Six that they are 'not responsibl'e'for representing the 'City in this matter. He 'suggested that Council make a'motion directing the City Attorney to write Mr. Friend advising him that the'City Council reaffirms the'denial of his claim. MOTION: Councilman Jennings moved that the letter from Dennis Friend be referred to the City Attorney with 'the 'direction that he write' another letter to Mr. Friend advising him that the City Council'had previously denied his claim and that he'had been so advised at that time. The motion was seconded by Councilman Brown and unanimously carried. C=4 ORDINANCE NO. 137 - Subdivision Ordinance Amendments - second reading MOTION: Councilman Jennings moved that Ordinance No. 137 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Ordinance No. 137 by title only. MOTION: Councilman Jennings moved that this constitute the second and final reading of Ordinance No. 137 and that.it be adopted. The motion was seconded by Councilman Mitchell and unanimously carried. NEW BUSINESS D-1 Consideration of contract -with Carollo Engineers for Wastewater Project Mr. Warden stated that the Council had approved, in concept, this study at the last Council meeting and now had before them the formal contract for approval and authorizing the Mayor and City Clerk to sign. MOTION: Councilman Jennings moved that Council approve the contract with Carollo Engineers for the Wastewater Project and that the Mayor and City Clerk be authorized to sign the contract. The motion was seconded by Councilman Brown and unanimously carried. D-2 Consideration of Municipal Code Section 14.68 concerning construction of private irrigation well within City limits ,Mr. Warden explained that Mr. McGrath had obtained a health permit for drilling of this well and proceeded with same not realizing that he should have secured City approval before proceeding. Mr. Stuart has investigated the'situation and suggested Council approval with con- ditions. Mr. McGrath has agreed to the 'conditions which'are that he use 'the water for irrigation only, that it not be' connected with the City water system and that it must comply with Public Health and City Standards. This approval will have no impact on the'City's water pro- duction. MORRO BAY CITY COUNCIL . Adjourned Regular Meeting May 28, 1975 - Page 'Seven MOTION: Councilman Jennings moved that Council concur with the recommendations of the Public Works Director; also, that the water is to be used on the subject property only. The motion was seconded by Mayor Donohoo and unanimously carried. D-3 Consideration of request for change in uses for Lease Site No. 16- Kirth Council was in receipt of a letter from Mr. Reed Christensen representing Mr. Kirth in this matter. He is requesting addition of uses on this lease site to include "general sales"; that is, sale of fishing bait, license, tackle and supplies; sale of soft drinks, beer, wine, delicatessen, snack bar and coffee bar items; and rental of fishing and clamming equipment. The Planning Commission had considered this request and approved it with the exception of the sale of "snack and coffee bar items". Mr. Tom Cantine briefed Council on the Planning Commission's discussion regarding this matter. MOTION: Councilman Jennings moved that the request of Reed A. Christensen for John J. Kirth for a use change in Lease Site No. 16 to include sale of fishing bait, license, tackle and supplies; sale of soft drinks, beer, wine, and delicatessen; and rental of fishing and clamming equipment be approved. This approval deletes the request for the uses to include snack and coffee bar items. Also, that Staff be directed to prepare the necessary documents for Council approval. The motion was seconded by Councilman Brown and unanimously carried. D-4 Consideration of letter from Chamber of Commerce supporting donation of life-size wood sculpture Mr. Warden stated that two individuals had offered to make and donate a wood sculpture to the City for placement at an area to be de- signated by the Council. Mr. Warden suggested that perhaps the Art Association could review the proposals and suggest a place for the sculpture. MOTION: Councilman Mitchell moved that a committee be formed of the Art Association, Chamber of Commerce, City Council and Planning Commission to study this matter and make recommendations to the City Council. The' motion was seconded by Councilman Jennings and unanimously. carried. Mayor Donohoo appointed Councilman Mitchell to chair this committee. INDIVIDUAL DETERMINATION 'AND/OR 'ACTION E_1 City Council (1) Councilman Brown stated that he had brought up the matter of a MORRO BAY CITY COUNCIL Adjourned Regular Meeting May 28, 1975 - Page Eight garage sale on Arcadia at the last Council meeting. He had delivered to Council a list of suggested rules to be implemented regulating garage sales. The suggestions included that garage sales will be allowed for a.period not to exceed thred consecutive days and be during the 'daytime hours only; that an applicant would have to submit the signatures of 25% or 50% of the neighbors concurring with the garage sale; items to be'sold would have to be displayed either inside the garage or carport or on the rear half of the lot. Also, only one sign would be permitted on the premises on which.the garage sale is being held; such'sign to be 'no more than one 'square 'foot in size. Mr. Warden explained that this should be a change in the zoning ordinance rather than in the business license ordinance. It was noted that the sign limitation is already a requirement in the City. Councilman Mitchell stated that he agreed with regulating garage sales so that they do not exceed a three day period and that all merchandise should be displayed within a specified area. Mr. Brown stated that the reason for this is that the City is currently having problems with several families going together and selling accumulated articles making such sales more of a flea market in nature rather than a garage sale. This regulation would attempt to control this. MOTION: Mayor Donohoo moved that Staff be directed to draft an amendment to the zoning ordinance to incorporate the time and space limitation to control garage sales as mentioned above. The motion was seconded by Councilman Mitchell and carried with Councilman Jennings voting "no" E-2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden informed the Council that, after the close of the agenda on Friday, Mr. Fred Schenk had requested that an item be placed on the agenda with regard to a sublease for Lease Site No. 8 - Rodgers. He had informed Mr. Schenk that it was too late to place the matter on the agenda and Mr. Schenk requested that Mr. Warden attempt to at least get concept approval and formalize the approval with a resolution at the following Council meeting. Council members gave concept approval to the sublease of Lease Site No. 8 to W. Douglas Riddell. It was noted that there is no use change involved. (2) Mr. Warden announced that the 1975-76 budget study session will be held Saturday, May 31, 1975, at 9:00 a.m. in the Morro Bay Recreation Hall. (3) Mr. Warden requested an executive session to discuss salary negotiations. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting adjourn to executive session to discuss salary negotiations. The"motion was seconded by Councilman Mitchell and unanimously carried. MORRO BAY CITY COUNCIL Adjourned Regular Meeting May 28, 1975 - Page Nine The 'meeting adjourned to eke'cutive'session at 10:46 P.M. and returned to regular session at 11':'1l p.m. MOTION: Councilman Jennings moved that the 'meeting be adjourned. The 'motion was seconded by Council- man Brown and unanimously carried. The meeting adjourned at'11:11 p.m. RECORDED BY: MURRAY L. WARDEN City Clerk BY• Ardith Davis Deputy City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, May 12, 1975, 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 Ernest R. Harper from Planning Commission denial of a Variance to allow a sideline setback of zero for a detached accessory building at 495 Las Vegas 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 29, 1975 FRED R. DONOHOO, Mayor City of Morro Bay, California 1�1 I lete'k By: L. WARDEN, City Clerk 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, May 12, 1975, 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 Howard L. Burke from Planning Commission denial of a Variance to allow a non -conforming existing apartment to be remodeled at 454 Arcadia 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 29, 1975 FRED R. DONOHOO, Mayor City of Morro ay, California By: WARDEN, City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING May 12, 1975 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR NOTICE All matters listed under Item A, Consent Calendar, are con- sidered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A-1 Minutes of the regular meeting of April 28, 1975 A-2 Expenditure Report, 4-16-75 through 4-30-75 (RECOMMEND APPROVAL) A-3 Resolution No.32-75 approving agreement with independent auditor for annual audit (PREVIOUSLY APPROVED BY COUNCIL - RECOMMEND APPROVAL) HEARINGS, APPEARANCES AND REPORTS B-1 Presentation of Regional Transportation Plan by Ned Rogoway, County Planning Director - Council comments for Coordinating Council consideration B-2 Carollo Engineers presentation of Plan of Study for Sewer Out - fall Reclamation Project - Resolution. No. 33-75 re: approval for application submission B-3 Appeal of Ernest R. Harper from Planning Commission determin- ation regarding a variance B-4 Appeal of Howard L. Burke from Planning Commission denial to allow structural alterations to an existing non -conforming building B-5 Public hearing on vehicle abatement UNFINISHED BUSINESS C-1 Council consideration to extend current ambulance subsidy payments through June 30, 1975 NEW BUSINESS D-1 Ordinance No. 137 - Subdivision ordinance amendments - first reading D-2 Resolution No. 34-75 adopting State mandated changes, as approved by the Planning Commission, to EIR procedures INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator • MORRO BAY CITY COUNCIL Regular Meeting May 12, 1975 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. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of April 28, 1975 A-2 Expenditure Report, 4-16-75 through 4-30-75 (RECOMMEND APPROVAL) A-3 RESOLUTION NO. 32-75 approving agreement with independent auditor for annual audit (PREVIOUSLY APPROVED BY COUNCIL - RECOMMEND APPROVAL) MOTION: Councilman Jennings moved for the approval of the Consent Calendar with the understanding that approval means taking that action re- commended by the City Administrator. The motion was seconded by Councilman Mitchell and unanimously carried. HEARINGS, APPEARANCES AND REPORTS B-1 Presentation of Regional Transportation Plan by Ned Rogoway, County Planning Director - Council comments for Coordinating Council consideration Mr. Rogoway explained that this plan is necessary for the County to adopt in order to receive continued funding from the State of California for transportation projects. He informed the Council that this matter will be heard at a public hearing on Wednesday evening, May 14, 1975. The San Luis Obispo Area Planning Coordinating Council has been the body responsible for preparing the plan. He explained how the plan had developed resulting in the final draft to be reviewed Wednesday night. What he wished from Council was their comments, objections, and proposed amendments to the Plan. These should be relayed to Councilman Brown, who is the City's representative on the Area Council, so that he can advise the Council of Morro Bay's input. He noted that the input so far in the Plan regarding Morro Bay had been derived from the City's General Plan. Mr. Warden stated that with regard to Morro Bay's proposed transit system, the Plan suggests that Morro Bay provide the system for the general population rather than just the young and the elderly. He stated that Morro Bay's intention has been to provide this service for everyone. Mr. Rogoway reviewed the Highway #1 bypass in San Luis Obispo and stated that the City of San Luis Obispo has recommended that the • 0 MORRO BAY CITY COUNCIL Regular Meeting - May 12, 1975 Page Two bypass be left out of the Plari completely, however, the Area Council felt that it should be left in. Council members discussed this and agreed that the Highway #1 bypass should be left in the, Plan. MOTION: Councilman Jennings moved that Council go on record approving the 'Highway #1 bypass as shown in the Plan. The motion was seconded by Councilman Pipitone. Councilman Mitchell stated that he had been reviewing the wrong plan and did not feel that he could make a judgment at this time. The motion was carried with Councilman Mitchell abstaining. Mr. Rogoway discussed Highway #1 at the San Jacinto intersection in Morro Bay and stated that no recommendations had been made re- garding that area. The reason for this was that it was the consultants' determination, based on traffic counts in the area, that the inter- section did not qualify for improvements at this time. Councilman Jennings strongly objected to this; he felt some de- finite action should be taken regarding this intersection. MOTION: Councilman Jennings moved that Council go on record as being totally opposed to the recommendations as concerns Highway #1 at San Jacinto. The motion died for lack of a second. Mr. Nuzum informed the Council that the Planning Commission had held public hearings regarding this plan and all comments from Planning Commissioners and the general public had been forwarded to the Area Council. Mr. Nuzum also stated that a special meeting had been held and widely advertised for the Transportation Plan, but was poorly attended by the public. Councilman Mitchell suggested that the City Administrator pre- pare a document noting the City's concerns of the Transportation Plan for Council review and/or adoption. Mr. Rogoway discussed the extension of Coleman Drive and stated that no plans had been made for that extension through the year 1995. There was discussion regarding the consultant who prepared the Plan and it was the consensus of Council that his recommendations were not sufficiently supported by factual data but were primarily the results of opinion and/or political considerations. MOTION: Councilman Jennings moved that the consideration of the Transportation Plan be continued to the next regular meeting of Council. The motion was seconded by Councilman Mitchell and unanimously carried. MORRO BAY CITY COUNCIL ' Regular Meeting - May 12, 1975 Page Three B-2 Carollo Engineers presentation of Plan of Study for Sewer Out- fall/Reclamation Project - RESOLUTION NO. 33-75 re: approval for application submission Mr. James Emanuel, representing Carollo Engineers, reviewed the City's past efforts to develop a reclamation project. He in- formed the Council that the State will not fund the project based on the information and work the City has performed thus far; an oceanography program is required. The time required for the study could be reduced if sufficient ocean data has been developed to prepare a preliminary design and cost estimate for an ocean outfall, and the ocean outfall disposal alternative proves to be more costly than reclamation. Mr. Emanuel introduced John Johnson of Carollo Engineers and Mr. Lindsay of Ecomar, Inc. who will be performing the oceanography portion of the work. He reviewed the Plan of Study for the Council. He stated that the State will refund the City 87 1/2% of the monies already expended on this project. The reason for "requiring the new work is that there are new rules which must be complied with as established by the Water Resources Control Board. The project report will cost approximately $162,720 of which the City will be responsible for 12 1/28, with 60% being the City's share and the other 40%, the responsibility of the Cayucos Sanitary District. Council -members discussed the changing of rules by the State. It was noted that the City had no alternative other than follow the rules. MOTION: Councilman Mitchell moved that Resolution No. 33-75 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 33-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No.'33-75. The motion was seconded by Councilman Brown and unanimously carried. RECESS; 9:06 p.m. RECONVENED 9:13 p.m. B-3 Appeal of Ernest R. Harper from Planning Commission determination regarding a variance. Mr. Nuzum explained that Mr. Harper had requested a rear and side yard setback of zero for construction of a garage where a one foot setback is' required. He stated that the house on the property had been constructed before garages were required. The Planning Commission had granted the backyard setback of zero but denied the sideyard setback with'the reasoning that the applicant could place his garage so that a zero setback would be unnecessary. The issue before the'Council is the appeal of Planning Commission's denial of the zero sidey'ard setback. L 0 MORRO BAY CITY Regular Meeting Page Four COUNCIL - May 12, 1975 Mr. Harper stated that the one foot setback on the sideyard did not help his situation. Also, the 'garage would be so small that anyone occupying the 'passenger side of a vehicle could not get out when the car is parked in the garage. Councilman Pipitone stated that he had looked at the property and agreed that the sideyard setback did not serve a purpose. MOTION: Councilman Pipitone moved that Council grant Mr. Harper the requested variance. The motion was seconded by Councilman Jennings. Mr. LeSage suggested that the motion be clarified as to the findings of the Council on the appeal. Councilman Pipitone amended his motion to include that the Council find that the house on the subject property existed prior to Mr. Harper's acquisition and the hardship consists of the difficulty in entering the garage. The plot plan included in the Planning Director's package is made a part of the findings. The amendment was accepted by Councilman Jennings and the motion was unanimously carried. B-4 Appeal of Howard L. Burke from Planning Commission denial to allow structural alterations to an existing non -conforming building. Mr. Nuzum informed the Council that Mr. Burke had applied for this variance because structural alterations are not allowed to be made in non -conforming buildings. The Building Inspector determined that installation of a new window, reduction in size of an existing window and relocation of some plumbing constituted structural alterations and therefore, required a variance. The Planning Commission, on hearing the applicant and surrounding neighbors who objected to the variance, denied the variance on the grounds that it would perpetuate an undesirable non -conforming use. Mr. Burke spoke in favor of the appeal, stating that those objecting to the variance were not opposed to the proposed changes but objected to him as a neighbor and the fact that his building is a triplex. Mr. Nuzum was questioned by Council as to the Planning Commission's decision in this matter and Mr. Nuzum stated that he did not agree with the Planning Commission, but had recommended the variance be granted on the grounds that the proposed changes will not prolong the life of the building. James Field spoke in opposition to the appeal. Mr. LeSage informed the Council that they must find special circumstances for granting this appeal if they choose'to do so. MORRO BAY CITY COUNCIL Regular Meeting - May 12, 1975 Page Five MOTION: Councilman Jennings moved that the Council find that the'reconstruction of the windows do not prolong the life of the'structure and, therefore, does not require a variance; and that the appellant be'allowed to make the window changes as requested in the appeal. The motion was seconded by Councilman Pipitone. Marion Nelson, Charles Willnauer, and Marjorie Rydall spoke in opposition to the appeal. They felt the structure should be a duplex rather than a triplex. Mr. Burke stated that he had pur- chased the building as a triplex. Councilman Mitchell pointed out that Council action did not effect the issue of a duplex or triplex being permitted in the zone but only that the changes did not prolong the non -conforming usage. The motion was unanimously carried. B-5 Public hearing on vehicle abatement Mr. Warden advised that the vehicle set for public hearing at this time had been taken care of. UNFINISHED BUSINESS C-1 Council consideration to extend current ambulance subsidy payments through June 30, 1975 Mr. Warden informed the Council that the County committee studying this matter had not finished and Mr. Warden needed Council approval to continue the payments for ambulance service. MOTION: Councilman Jennings moved that Staff be author- ized to continue subsidy of the ambulance service through June 30, 1975. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. NEW BUSINESS D-1 ORDINANCE NO. 137 - Subdivision ordinance amendments - first reading Mr. Warden informed the Council that this matter has been heard before the Planning Commission; it incorporates some State mandated changes into the Subdivision Ordinance. When asked why Commissioner Greenelsh had voted against the proposed ordinance, Mr. Nuzum explained that the ordinance takes away from the Planning Director the right to determine simple lot splits and puts those powers in the Planning Commission. Commissioner Greenelsh felt the Planning Director could still do this. MOTION: Councilman Jennings` moved that Ordinance No. 137 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. • MORRO BAY CITY COUNCIL Regular.Meeting - May 12, 1975 Page Six Mr. Warden read Ordinance No. 137 by title only. MOTION: Councilman Jennings moved that this constitute the first reading of Ordinance No. 137. The motion was seconded.by Councilman Pipitone' and unanimously carried by roll call vote. D-2 RESOLUTION NO. "34'-75 adopting State mandated changes, as approve y the Planning Commission, to EIR procedures. Councilman Jennings asked that this matter be continued to the next Council meeting as he had not yet reviewed the proposed changes. MOTION: Councilman Jennings moved that Resolution No. 34-75 be deferred to the next City Council meeting. The motion was seconded by Councilman Pipitone and unanimously carried. INDIVIDUAL DETERMINATION 'AND/OR ACTION E=1 City Council (1) Councilman Pipitone commented on the fact that Cable TV still hasn't installed the additional channel agreed to several months ago when their new rate increase was approved. Councilman Brown stated that they have one year to comply with this requirement. (2) Councilman Brown stated that it appeared that a home at 385 Arcadia is running a business. There is an accumu- lation of articles in the yard which is unsightly and causing concern among the neighbors. Council members discussed this and Mr. Warden stated that it is hard to determine if they are, in fact, running a business, however, the City Attorney will look into the matter. E_2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden stated that the Boy Scouts are planning an aluminum can drive during the months of May, June and July to earn money for summer camp and as a recycling project for the Bi-Centennial year. They will be placing cans in front of Thrifty, Mor-Macs, Rexall and at the golf course, if Council has no objections. No objections were voiced. (2) Mr. Warden asked Council members for a determination as to the date of the next regular meeting since May 26 is cele- brated as Memorial Day this year. Councilman Jennings asked that the meeting be held on Wednesday, May 28, 1975. Council members felt this was a good date. (3)' Mr. Warden stated that the'League of California Cities is sponsoring a seriesof regional workshops to discuss the Coastal Plan during May and June. One will be held May 16, Council 0 MORRO BAY CITY COUNCIL ' Regular Meeting - May 12, 1975 Page Seven Chambers, Santa Barbara City Hall. (4) Mr. Warden asked Council if they still wished to host the Channel Counties Division meeting on August 15th. Pismo Beach 'wished to have that date 'if Morro Bay did not. Council members indicated that they would like to hold onto the August 15th date. (5) Mr. Warden requested an executive session to discuss labor negotiations. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting adjourn to executive session to discuss labor negotiations. The motion was seconded by Councilman Mitchell and unanimously carried. The meeting adjourned to executive session at 10:11 p.m. and returned to regular session at 10:40 p.m. MOTION: Councilman Jennings moved that the meeting be adjourned to Wednesday, May 28, 1975, at 7:30 p.m. in the Recreation Hall. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 10:40 p.m. RECORDED BY: MURRAY L. WARDEN City Clerk By. Ardith Davis Deputy City Clerk �J CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING April 28, 1975 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR NOTICE All matters listed under Item A, Consent Calendar, are con- sidered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A-1 Minutes of the regular meeting of April 14, 1975 A-2 Minutes of the executive meeting of April 14, 1975 A-3 Expenditure Report, 4-1-75 through 4-15-75 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS.BE RECEIVED AND FILED) A-5 Appeal of Ernest R. Harper from Planning Commission deter- mination regarding a variance -(RECOMMEND HEARING DATE BE SET FOR 5-12-75) A-6 Appeal of Howard L. Burke from Planning Commission denial to allow structural alterations to an existing nonconforming building (RECOMMEND HEARING DATE BE SET FOR 5-12-75) A-7 Resolution No. 28-75 approving Joint Powers Agreement with the County of San Luis Obispo for the development of the Noise and Public Safety Elements of the General Plan (RECOMMEND APPROVAL) A-8 Resolution No. 29 approving sublease on a portion of Lease Site No. 22 - Gunther (RECOMMEND APPROVAL) A-9 Resolution No. 30 approving amendment to Lease Site No. 22 - Gunther (RECOMMEND APPROVAL) HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of Neil Moses representing Morro Bay Environmental Association regarding the Nacimiento Water Project B-2 City Council comments on draft EIR for Standard Oil monobuoy project for forwarding to County Environmental Coordinator in preparation of final EIR B-3 Request of DROC for Council decision on Standard Oil monobuoy project UNFINISHED BUSINESS C-1 Ordinance No. 136 second reading C-2 Resolution No. 31 NEW BUSINESS amending parts of the zoning ordinance - accepting a grant deed - Dubin D-1 Consideration of Transfer Voucher for Police Regional Tele- communications System D-2 Consideration of bids for Digester Heater -Heat Exchanger Unit for Watewater Treatment Plan - Bid No. 4-75 0 AGENDA - CITY COUNCIL MEETING April 28, 1975 Page Two D-3 Consideration of bids for Centennial Stairway Project INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator M M MORRO BAY CITY COUNCIL Regular Meeting April 28, 1975 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 CONSENT CALENDAR .Mr. Warden reviewed all items on the Consent Calendar as follows: A-1 Minutes of the regular meeting of April 14, 1975 A-2 Minutes of the 'executive meeting of April 14, 1975 A-3 Expenditure Report, 4-1-75 through 4-15-75 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Appeal of Ernest R. Harper from Planning Commission determination regarding a variance (RECOMMEND HEARING DATE BE SET FOR 5-12-75) A-6 Appeal of Howard L. Burke from Planning Commission denial to allow structural alterations to an existing nonconforming building (RECOMMEND HEARING DATE BE SET FOR 5-12-75) A-7 RESOLUTION NO. 28-75 approving Joint Powers Agreement with the County of San Luis Obispo for the development of the Noise and Public Safety Elements of the General Plan (RECOMMEND APPROVAL) A-8 RESOLUTION NO. 29-75 approving sublease on a portion of Lease Site No. 22 - Gunther (RECOMMEND APPROVAL) A-9 RESOLUTION NO. 30-75 approving amendment to Lease Site No. 22 - (RECOMMEND APPROVAL) MOTION: Councilman Jennings moved for the approval of the Consent Calendar with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Brown. Councilman Mitchell stated that he would like to abstain from voting on Items A-8 and A-9 because of a conflict of interest. He also stated that the proposed sublease on Item A-9 is not the final document and there are some minor word changes to be incorporated. In paragraph 4, the wording is changed regarding insurance to reflect that the sub -lessee only needs to insure that area being subleased to him. Also, language regarding the payment for the lease site has been deleted since this is already specified in the original lease and need not be repeated in the sublease.' Councilman Jennings amended his'motion.-to include M r_�" MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL - April 28, 1975 that Items A-8 and A-9 be excluded from approval. The "amendment was 'accepted by Councilman Brown and the 'motion was unan- imously carried. MOTION: Councilman Jennings moved for the approval of Items A-8 and A-9. The motion was seconded by Councilman Brown and carried with Councilman Mitchell abstaining. HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of Neil Moses representing Morro Bay Environmental Association regarding the Nacimiento Water Project Mayor Donohoo stated that he had been informed that Mr. Moses had declined to appear this evening. B-2 City Council comments on draft EIR for Standard Oil monobuoy project for forwarding to County Environmental Coordinator in preparation of final EIR. Mayor Donohoo called on Jules F. Mayer, Project Manager for Standard Oil, to make a presentation. Mr. Mayer announced that Standard Oil Company is deferring the proposed monobuoy project in- definitely because of economic factors. He thanked all residents and governmental people for their help and support of the project and ex- pressed optimism that, if the project is ever reintroduced, it will ultimately win approval. Comments were heard from Doug Villers, Gordon Smur, Clifford Strickler and Howard Gaines in opposition to the project. Dan Stack felt that the Council should go on to other things since this matter is no longer an issue. B-3 Request of DROC for Council decision on Standard Oil monobuoy project Mr. Shelton stated that, in view of Standard Oil Company's announcement, he had no comments to make. UNFINISHED BUSINESS C-1 ORDINANCE NO. 136. Ordinance amending parts of the Zoning Ordinance - second reading MOTION: Councilman Jennings moved that Ordinance No. 136 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Ordinance No. 136 by title only. MOTION: Councilman Jennings moved that this constitute the second and final reading of Ordinance No. 136 and that it be adopted. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. II, i M MINUTES -MORRO BAY CITY COUNCIL Regular Meeting - April 28, 1975 Page Three C-2 RESOLUTION NO. 31-75. Resolution accepting a grant deed - Dubin MOTION: Councilman Jennings moved that Resolution No. 31-75 be'read by title only. The motion was seconded by Mayor Donohoo and unanimously carried. Mr. Warden read Resolution No. 31-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 31-75. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden stated that he needed a Council motion to authorize the expenditure of $1,000.02 for the purchase of this property. MOTION: Councilman Jennings moved for the approval of transferring $1,000.02 from unbudgeted reserve for the purchase of the Dubin property. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. NEW BUSINESS D-1 Consideration of Transfer Voucher for Police Regional Tele- communications System Mr. Warden stated that Council had approved this item at last year's budget session, however, it was not known at that time the exact costs involved. $100 was put in the budget to keep the account open. It is necessary for Council to approve an additional $1401 for this system. MOTION: Councilman Jennings moved for the approval of Transfer Voucher No. 4-5-09. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. D-2 Consideration of bids for Digester Heater -Heat Exchanger Unit for Wastewater Treatment Plan - Bid No. 4-75 Mr. Warden explained that this is the second time this project has been to bid. The first time, only one bid was received in excess of $34,000. Only $12,000 had been budgeted. This is 60% of the estimated $20,000 to purchase the equipment. Cayucos Sanitary District will pay the other 40%. The low bid, on the second time around, was from Ralph B. Carter in the amount of $21,068. If Council approves this bid, it will be necessary to transfer $1,000 from unbudgeted reserve to cover Morro Bay's costs. MOTION: Councilman Jennings=moved for the approval of Ralph B.-Carter as low bidder in the amount of $21,068. The motion was seconded by Councilman Brown and unanimously carried. N MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 28, 1975 Page Four MOTION: Councilman Jennings"moved for the approval of transferring'$1,000.from unbudgeted res'erve'to cover the costs of purchasing this equipment. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote.' D-3 Consideration of bids for Centennial Stairway Project Mr. Warden explained that the low bid received for this project was from Gray Construction Co. in the amount of $62,726. The City has a total of $52,893.87 in the Centennial Stairway account, in.- cluding $11,000 originally budgeted for the project, and another $28,000 authorized by Council last August; plus $13,893.87 from the Centennial Stairway Committee. The last figure includes interest derived from having the funds on time -deposit. If the City Council accepts the low bid for this project, an additional $8,740.13 will be needed to cover the costs. An alter- native is to eliminate the chess board and small park from the pro- ject which would bring the additional funds needed down to $917.13. It was noted that the drainage system alone is bid at $24,726 and this system was not anticipated when the project was originally being considered. The drainage system would be required regardless of whether or not a stairway is built, but in order to install the stairway, the drainage system must be completed first. Councilman Mitchell spoke in favor of approving the bid in total. He felt it was unfair to eliminate, part of the project when the main reason the cost is so high is because of the required drainage system. The Centennial Stairway Committee has worked very long and hard toward this project. Council members discussed the matter. Mrs. Bailey felt that the Council was getting its priorities mixed up and should consider purchasing a resusitator before spending this much money on the Centennial Stairway. MOTION: Councilman Mitchell moved for approval of the total project. The motion was seconded by Mayor Donohoo. It was noted that approval must be given for the low bidder. Councilman Mitchell amended his motion to include approving the low bid of Gray Construction Co, in the amount of $62,726. The amendment was accepted by Mayor Donohoo and the motion was carried by roll call vote. MOTION: Councilman Jennings moved for the approval of transferring $8,140.13 from unbudgeted reserve to cover the costs of construction of this pro- ject. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. so MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL - April'28, 1975 INDIVIDUAL DETERMINATION AND/OR 'ACTION E=1 City Council (1) Councilman Pipitone wished to compliment Steve Knox, Standard Oil Company representative, on his handling of the proposed monobuoy project for Standard Oil Company. Standard Oil should be proud of such a capable employee. (2) Councilman Pipitone stated that a group of people had been circulating a petition against the proposed monobuoy pro- ject and, since they had spent many hours on this matter and a lot of hard work had gone into it, they should be given a chance to pre- sent this petition. Mrs. Shirley McGuire presented the petition of some 6500 names in Supervisorial District No. 2, 4500 of which had been collected in Morro Bay. She gave her view of the responses received from people who signed the petition. (3) Councilman Jennings asked if the committee to discuss annexation of the Standard Oil property is to meet. He felt that it should so that, if this matter comes up again.in the future, the answers will be on hand. There was some discussion as to whether the property could be annexed if the monobuoy project did not proceed. It was thought that Standard Oil had offered annexation only on condition of the approval of the project. MOTION: Councilman Mitchell moved that the Committee to discuss annexation -of the Standard Oil property be'disbanded. The motion was seconded by Mayor Donohoo and unanimously carried. E_2 City Attorney Mr. LeSage had nothing to discuss at this time. E-3 City Administrator (1) Mr. Warden asked for Council consideration of a date for budget study sessions. In the past, Council has set aside a Saturday to review the whole budget. Council set Saturday, May 31, 1975 at 9:00 a.m. in the Recreation Hall to discuss the 1975/76 budget. (2) Mr. Warden reminded Councilmen Brown and Mitchell that they still have to submit their statements with regard to the Moscone Act for forwarding to the County Clerk by April 30, 1975. (3) Mr. Warden informed the Council that the Channel Counties Division meeting will be held on May 9, 1975 in Camarillo and requested information as to which Council members will attend. Councilmen Brown, Mitchell and Mayor Donohoo indicated that they would attend. (4) Mr. Warden informed the Council that May 26th is a holiday and the second Council' meeting in May is also on that date. M N MINUTES - MORRO Regular. Meeting Page Six BAY CITY COUNCIL - April'28, 1975 There was discussion as to whether any necessary business could be discussed at the May 31st meeting scheduled for budget studies. It was decided that Council would consider this again at their first meeting in May. ADJOURNMENT MOTION: Councilman Jennings'moved that the meeting be adjourned. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned at 8:44 p.m. RECORDED BY: MURRAY L. WARDEN City Clerk By: Ardith Davis ^I� Deputy City Clerk • C CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING April 14, 1975 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR NOTICE All matters listed under Item A, Consent Calendar, are con- sidered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A-1 Minutes of regular meeting of March 24, 1975 A-2 Expenditure Report, 3-16-75 through 3-31-75 (RECOMMEND APPROVAL) A-3 Reject bid of Envirex, Inc. for Digester Heater for Wastewater Treatment Plant in excess of amount budgeted. (RECOMMEND APPROVAL) A-4 RESOLUTION NO. 27-75 Granting a Use Permit to Morro Bay Firefighters to conduct a circus on April 20, 1975. (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 Correspondence A-7 Correspondence HEARINGS, APPEARANCES AND REPORTS B-1 Hearing on vehicle abatement B-2 Appearance of Dan Stack regarding use of Camp San Luis Obispo State Park property B-3 Request of June Cunningham for extension of time for docking "Yorida" at City "T" Pier B-4 Request of E. C. Porter for docking of "Blue Eagle" at City "T" Pier UNFINISHED BUSINESS C-1 Recommendations concerning maintenance of City property at 900 Shasta Avenue C-2 Agreement with County for Animal Control Services C-3 Status of preapplication - Community Development Block Grant Program NEW BUSINESS D-1 Transfer of funds to meet contract payments - Owen Menard & Associates D-2 Council recommendations for Powers and Funding component of Coastal Plan. D-3 Adoption of Seismic Safety Building requirements D-4 Council policy on percentage of Rental Schedule for wholesale fish sales on City Lease Sites D-5 ORDINANCE NO. 136 - Storage Space Requirements for Apartment Buildings. First Reading INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator . r i MORRO BAY CITY COUNCIL Regular Meeting April 14, 1975 - 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Pro Tempore Jack Jennings with the Pledge of Allegiance. Reverend Dear of the First Christian Church gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell and Pipitone ABSENT: Mayor Donohoo CONSENT CALENDAR A-1 Minutes of regular meeting of March 24, 1975 A-2 Expenditure Report, 3-16-75 through 3-31-75 (RECOMMEND APPROVAL) A-3 Reject bid of Envirex, Inc. for Digester Heater for Wastewater Treatment Plant in excess of amount budgeted. (RECOMMEND APPROVAL) A-4 RESOLUTION NO. 27-75 Granting a Use Permit to Morro Bay Firefighters to conduct a circus on April 20, 1975. (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 Correspondence A-7 Correspondence MOTION: Councilman Mitchell moved for the approval of the Consent Calendar, Items A-1 through A-7, with the understanding that approval means taking the action recommended by the City Administrator. The motion was seconded by Councilman Brown and unanimously carried. HEARINGS, APPEARANCES AND REPORTS B-1 Hearing on vehicle abatement —Deleted B-2 Appearance of Dan Stack regarding the use of Camp San Luis Obispo State Park property Mr. Stack asked that Council write a letter to the new Director of State Parks and Recreation to expedite the development of the Camp San Luis Obispo Regional Recreation Center. MOTION: Councilman Mitchell moved that Staff be directed to write such a letter. Councilman Brown seconded the motion and it was unanimously carried. B-3 Request of June Cunningham for extension of time for docking "Yorida" at the City "T" Pier. Mrs. Cunningham stated that she would like to have a new per- mit to be renewed every three months or so, until they sell the boat or find another place to dock it. She stated her only ex- tension was for three months. 0 0. MORRO BAY CITY COUNCIL Minutes - Regular Meeting April 14, 1975 - Page Two Mr. Warden stated that the ordinance of the T Pier by transient vessels and the change the ordinance or enforce it. was written for usb Council must either Councilman Pipitone stated that he did not believe this should be done on an individual basis. Either follow the ordin- ance as written, or change it. Councilman Mitchell agreed, saying that perhaps we should refer it back to the committee who spent so much time on the Harbor Ordinance. MOTION: Councilman Mitchell moved that the Harbor Ordinance Committee be revived for the purpose of reviewing the ordinance and that it be referred to them for discussion and recommendation to the Council. The motion was seconded by Councilman Brown. Mr. Warden asked Councilman Mitchell for a time frame for the boats "Yorida" and "Blue Eagle". Councilman Mitchell added to his motion: with the condition that there be a month extension at this time for the boats "Yorida" and "Blue Eagle". Councilman Mitchell also stated that the people who made application should be notified when there will be meetings of the Harbor Ordinance Committee. The motion unanimously carried. B-4 Request of E. C. Porter for docking of "Blue Eagle" at City "T" Pier Mrs. Porter appeared with the request for an extension of time for the Blue Eagle to be docked at the "T" Pier. She was asked how long an extension she would need. She stated that she did not know, but that the "T" Pier was definitely the only place they could dock. MOTION: Councilman Brown moved that the same conditions as applied to Item B-4 be applied to this request. Councilman Jennings seconded the motion and it unanimously carried with Councilman Mitchell ab- staining. UNFINISHED BUSINESS C_1 Recommendations concerning maintenance of City property at 900 Shasta Avenue Mr. Warden stated that the City property located at 900 Shasta Avenue has been inspected by the City Engineer, the City Building Inspector, and by a termite inspector and that in order to bring this property to acceptable standards, the estimated cost would be approximately $6,000, whereas, the structure is estimated to have �J 0 MORRO BAY CITY COUNCIL Minutes - Regular Meeting April 14, 1975 - Page Three a maximum value of approximately commended that this property not $4,000. Therefore, it is re - be upgraded but be demolished. MOTION: Councilman Brown moved that since it is uneconomically feasible to upgrade the City property at 900 Shasta Avenue, that Staff be directed to proceed with the demolition of such property. The motion was seconded by Councilman Pipitone and unanimously carried. C-2 Agreement with County for Animal Control Services Mr. Warden stated that our arguments did not prevail with regard to the Animal Control Contract and we have no other alternative than to go along with the County. Mr. Warden stated that this is a year to year contract and would recommend that Council direct the Mayor and City Clerk to enter into an agreement with the County for Animal Control Services. Councilman Pipitone inquired whether the year to year basis meant on a calendar year or started when the contract was signed. Mr. Warden explained that each year, in March, the City would state whether or not it wanted to continue the service after June 30th of that year. The City has been granted a 30 day grace period by the County and is now receiving minimum service by the County. Councilman Pipitone inquired as to what the cost would be to send Mr. LeSage to court to cover a dog case. Mr. LeSage replied that it would cost between $75 and $100 each time he would have to appear. MOTION: Councilman Mitchell moved for the approval of the suggestion in the memorandum, that the Council direct the City Clerk and Mayor to enter into an agreement with the County for Animal Control Services. Councilman Brown seconded the motion and it carried with Councilman Pipitone abstaining. C-3 Status of preapplication - Community Development Block Grant,Program Mr. Warden stated that the City had submitted a preapplication for a block grant under the Community Development Act of 1974; however, the regional HUD office indicated that the likelihood of Morro Bay receiving funding under this program is very remote and the letter received from HUD recommends that we do not submit a full application this year. MOTION: Councilman Brown moved that Staff be directed to discontinue any application for HUD money, at this time. The motion was seconded by Councilman Pipitone and unanimously carried. NEW BUSINESS D-1 Transfer of funds to meet contract payments - Owen Menard and Associates 6 0 MORRO BAY CITY COUNCIL Minutes - Regular Meeting April 14, 1975 - Page Four Mr. Warden stated that insufficient funds were transferred into the account for the payment of the Owen Menard contract. Therefore, he is requesting that an additional amount of $20,579 be transferred from reserve to cover the services. MOTION: Councilman Brown moved that a total of $20,579 be transferred from Reserve to Account #3902.15 in order to meet the payment for contractural services of Owen Menard. Councilman Mitchell seconded the motion and it unanimously carried by roll call vote. D-2 Council recommendations for Powers and Funding component of Coastal Plan Mayor Pro Tempore Jennings asked if the Planning Commission or Planning Director had made any comments on this and was told by Mr. Warden that it was sent to the Planning Commission but, as yet, the comments have not been received. Mr. Warden stated that three public workshops to discuss the Powers and Funding Element have been scheduled as follows: April 21 in Ventura, April 22 in Santa Barbara, and April 24 in Cayucos. Public hearings will be held in Carpinteria on April 29, Grover City, May 1, and Oxnard on May 5. In addition, the public hearings on the Preliminary Coastal Plan will be held as follows: Santa Barbara on May 8, San Luis Obispo on May 15 and Ventura on May 22. Mr. Warden stated that the draft of the Powers, Funding and Government Organization element for inclusion in the California Coastal Zone Plan was before Council tonight for their comments. There was much discussion and it was found that there were several parts of the draft that Council was opposed to. On funding, Councilman Brown stated that he was opposed to the Permit Fee, the Transit Tax, and the State Coastal Property Transfer Tax. He feels that any funding should be from the General Fund of the State since the Coastal Plan is designed to benefit all citizens of the State. That was the general will of the Council. On the powers element, Mr. Warden restated various Council comments as follows: that regional planning was favored because of the overlapping of commonality of problems in the region, but enforcement should be with the local agency to which the builder goes and that there should be some kind of appeal procedure. It was felt the appeal procedure should be through the judicial system rather than through an administrative agency. It was asked if comments were going to be written by the Planning Commission and Mr. Warden stated that so far, nothing has been received from them. MOTION: Councilman Brown.moved'.that Mr. Warden represent the City at the meeting to be held in Cayucos on April 24 and present the City's views and comments on the Powers, Funding and Government Organization policies of the California Coastal Zone Plan. The MORRO BAY CITY COUNCIL Minutes - Regular Meeting April 14, 1975 - Page Five motion was seconded by Councilman Mitchell and unanimously carried. Mr. Warden stated that his views, in general, follow the observations that the Council has made tonight. Mr. Warden added, that as far as the State people were concerned, they would let all other eight elements not be passed, but would go down fighting to assure that this one is passed. Mayor Pro Tempore Jennings reiterated that these are public workshops and expressed the hope that all interested parties would attend the meeting in Cayucos on April 24 at the Veterans Memorial Building. D-3 Adoption of Seismic Safety Building requirements - ORDINANCE NO. 135 Mr. Warden stated that Ordinance No. 135 adopts by reference the standards developed by Central Coast Laboratories in terms of defining the "F" Zone as shown in the Seismic Safety Element of the General Plan. This is presented as an urgency ordinance because there are immediate problems facing people in the area. This ordinance will establish minimum standards only and is considered a guide for builders. MOTION: Councilman Pipitone moved that Ordinance No. 135 be read by title only. The motion was seconded by Councilman Mitchell and unanimously carried. Mr. Warden read Ordinance No. 135 by title only. MOTION: Councilman Pipitone moved for the adoption of Ordinance No. 135 and that this constitute the final action. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. D=4 Council policy on percentage of Rental Schedule for wholesale fish sales on City Lease Sites Mr. Warden stated that City Council adopted a Fee Schedule many years ago for City Lease Sites based on the percentage of gross sales. This was intended to cover the retail sales and did not contemplate the same percentages being applied to wholesale sales. It is the recommendation of the City Administrator that the Fee Schedule be changed to include both retail and wholesale sales. MOTION: Councilman Mitchell moved that the following changes to the Fee Schedule be made: "Fish Market" (Retail Sales) 5% of the gross; and "Fish Market" (Wholesale Sales) 2% of the gross. The motion was seconded by Councilman Brown and unanimously carried. MORRO BAY CITY COUNCIL Minutes - Regular Meeting April 14, 1975 - Page Six D-5 ORDINANCE NO. 136 - Storage Space Requirements for Apartment Buildings - First Reading Mr. Warden stated that Ordinance No. 136 would clarify a situation existing over the wording in Section 5105.3.4 of the Zoning Ordinance. It has been approved by the Planning Com- mission and now requires the approval of the City Council. MOTION: Councilman Brown moved that Ordinance No. 136 be read by title only. The motion was seconded by Councilman Mitchell and unanimously carried. Mr. Warden read Ordinance No.136 by title only. MOTION: Councilman Brown moved that this constitute the first reading of Ordinance No. 136. The motion was seconded by Councilman Pipitone and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E=1 City Council (1) Councilman Pipitone thanked the'Fire Department for the outstanding muster activities held on the weekend of April 5 & 6. He also brought up the question of an annual banquet for City employees as an awards and retirement type dinner. Councilman Pipitone requested an Executive Session to discuss a personnel matter. (2) Councilman Mitchell noted that Mr. Gunther and Mr. Stacy had been inadvertently left off of the agenda and Council was asked if they would have any objections to approving a sub -lease on an existing Lease Site. The Council could express their views tonight and the matter could then be officially acted upon at the next meeting, since Mr. Gunther stated that he would be out of the country on the next meeting night and would like to have some idea of how the Council felt about the matter. After some dis- cussion, it was determined that Councilmen Pipitone and Brown and Mayor Pro Tempore Jennings would be in favor of the sub -lease with Councilman Mitchell disqualifying himself. (3) Councilman Mitchell brought up a question on the inter- pretation of an amendment to a motion that was made on March 10 by Councilman Jennings regarding the committee to be appointed to study the Standard Oil Company annexation. The amendment was: "That this matter be referred to Staff to come up with guidelines for the committee to study." The amendment to the motion was seconded by Councilman Brown. Councilman Mitchell stated that it was his interpretation that Staff would bring back guidelines which would indicate where the meeting was to be held, what the committee was going to look into, and the method of proceeding. He asked when this would be accomplished. Mr. Warden was of the opinion that Staff's input to the 0 • MORRO BAY CITY COUNCIL Minutes - Regular Meeting April 14, 1975 - Page Seven committee would be in the form of factual data gathering, the ramifications of annexation, etc., and the committee would study these facts and report them to the Council. Council members Brown, Jennings, and Pipitone agreed with this interpretation. There was considerable discussion on the intent of the motion. Councilman Mitchell felt that it was inappropriate to determine the intent of a motion after that motion has been made and the minutes for that meeting approved. He did not agree with the in- terpretation by the rest of the Council. Mr. LeSage stated that the term "guidelines" indicates a procedure for determining an issue and it would be in order for Council to make a motion clarifying what they mean by "guidelines". There was further discussion and the following motion was made: MOTION: Mayor Pro Tempore Jennings moved that, in order to clarify the motion made at the March loth meeting regarding the committee to study the annexation of the Standard Oil property, this committee would study facts and substance only and not return to the Council with recommendations. Councilman Mitchell felt that the above motion totally changes the original one. Mayor Pro Tempore Jennings withdrew his motion. MOTION: Mayor Pro Tempore Jennings moved that the committee formed to study the annexation issue meet two weeks from this Wednesday at 2:00 in the afternoon at the City Hall Conference Room. There was discussion on this and it was the consensus that the City Administrator should determine the date for the meeting by contacting the members involved. Mayor Pro Tempore Jennings withdrew his motion. MOTION: Councilman Mitchell moved that the City Administra- tor be directed to contact the committee to determine a consensus for a meeting date within the next two weeks and that adequate information be made avail- able to the public so that they are aware of it. The motion was seconded by Councilman Brown and carried with Councilman Pipitone dissenting. (4) Councilman Brown asked if the Transportation Plan would be on the agenda the next meeting, April 28, and was told by Mr. Warden that he was. not,:sure at this time. E=2 City Attorney Mr. LeSage requested an executive session to discuss possible litigation. MORRO BAY CITY COUNCIL Minutes - Regular Meeting April 14, 1975 - Page Eight E-3 City Administrator Mr. Warden requested an executive session to discuss personnel and labor negotiations. ADJOURNMENT MOTION: Mayor Pro Tempore Jennings moved that the meeting adjourn to executive session to consider possible litigation, personnel, and labor negotiations. The motion was seconded by Councilman Brown and unan- imously carried. The meeting adjourned to executive session at 9:20 p.m. and returned to regular session at 10:20 p.m. MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned at 10:21 p.m. RECORDED BY: MURRAY L. WARDEN City Clerk B Barbara Finley Acting Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, March 24, 1975, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider whether the public necessity, health,' safety, or welfare' requires the formation of an underground utility district in the area bounded by Harbor Street on the 'north; Market Avenue on the west, Pacific Street on the south and Main Street on the east, Morro Bay, California, at which'said hearing any person interested may appear and express his views for, against or in modification of said underground utility district. Dated: February 26, 1975 FRED R. DONOHOO, Mayor City of Morro Bay, California By L. WARDEN, City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING March 24, 1975 7:30 p.,m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR NOTICE All matters listed under Item A, Consent Calendar, are con- sidered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A-1 Minutes of regular meeting of March 10, 1975 A-2 Minutes of executive meeting of March 10, 1975 A-3 Expenditure Report, 3-1-75 through 3-15-75 (RECOMMEND APPROVAL) A-4 RESOLUTION NO. 23-75 granting a Use Permit to Morro Bay Firefighters Muster Committee to conduct 1st Annual Morro Bay Fireman's Muster (Previously discussed by City Council. RECOMMEND APPROVAL) A-5 Adoption of ORDINANCE No. 133 amending Section 8.04.040 authorizing County Health Officer to hold hearings for violations of the Health Code. Second Reading. (RECOMMEND APPROVAL) A-6 RESOLUTION NO. 23-75 accepting work and giving Notice of Completion of City of Morro Bay Job No. P.W. 74-023-25, Police Station re- modeling and addition. (RECOMMEND APPROVAL) HEARINGS, APPEARANCES AND REPORTS None UNFINISHED BUSINESS C-1 Public Hearing for establishment of Underground Utilities District#2 RESOLUTION NO. 24-75 Establishing Underground Utilities District #2 C-2 Approval of lease with Theresa, Anthony F. and James A. Silva for City use of water well and RESOLUTION NO. 25-75 accepting short form of lease for recording (RECOMMEND APPROVAL) NEW BUSINESS D-1 Cal Poly Clean Air Rallye (Request Council approval for $500 support) D-2 Proposal to contract for annual independent audit (RECOMMEND APPROVAL) D-3 Consideration of qualifying for Housing and Community Development Act assistance INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MORRO BAY CITY COUNCIL Regular Meeting March 24, 1975 - 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. Reverend Dear of the First Christian Church gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, and Pipitone and Mayor Donohoo ABSENT: None CONSENT CALENDAR A-1 Minutes of regular meeting of March 10, 1975 A=2 Minutes of executive meeting of March 10, 1975 A-3 Expenditure Report, 3-1-75 through 3-15-75 (RECOMMEND APPROVAL) A-4 RESOLUTION NO. 23-75 granting a Use Permit to Morro Bay Fire- fighters Muster Committee to conduct 1st Annual Morro Bay Fireman's Muster (Previously discussed by City Council. RECOMMEND APPROVAL) A-5 Adoption of ORDINANCE NO. 133 amending Section 8.04.040 authorizing County Health Officer to hold hearings for violations of the Health Code. Second Reading. (RECOMMEND APPROVAL) A-6 RESOLUTION NO. 26-75 accepting work and giving Notice of Completion of City of Morro Bay Job No. P. W. 74-023-25, Police Station remodeling and addition. (RECOMMEND APPROVAL) Councilman Mitchell requested that Item A-5, Adoption of Ordinance No. 133, be deleted from the Consent Calendar and considered under Unfinished Business as Item C-3. MOTION: Councilman Mitchell moved for the approval of the Consent Calendar, Items A-1 through A-6, with the exception of Item A-5, with the understanding that approval means taking the action recommended by the City Administrator. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS None UNFINISHED BUSINESS C-1 Public Hearing for establishment of Underground Utilities District No. 2, RESOLUTION NO. 24-75 Establishing Underground Utilities District No. 2 Mr. Warden stated that in regard to the Underground Utility District No. 2, informal meetings have been held over the past two years and the majority of people involved were in favor of establishing the second district. MORRO BAY CITY COUNCIL Regular Meeting - March 24, 1975 Page Two The City has worked with the utility companies trying to es- tablish district boundaries and formalize the participants in the district. Mr. Warden further stated that the item for consideration tonight is Council's recommendation as to what type of light standards should be installed and establishing the district boundaries. A map was displayed showing the boundaries under consideration which would border on Harbor, Pacific and Main Streets leading to the Embarcadero. Representatives from P. G. & E. were present to answer any questions that might be raised and also to give prelim- inary proposals on lighting fixtures. Mr. Warden explained that the costs involved for property owners is taking care of all trenching and changing circuit boxes. Cost to individuals ranges from $200 to $1937, with the majority ranging between $400 to $700.' The customer must be ready to accept service by July 1, 1976 and the date of completion is slated for December 31, 1976. The cost of the lighting fixtures would be borne by the City, and depending upon the type of fixture used, the cost could run from $8,000 to $20,000. Mr. Peter Darnton, representing P. G. & E. was introduced and displayed two proposals for lighting fixtures. One was a post top, twelve feet high. Second, a pole type, thirty- two feet, six inches. The posttop fixtures have been installed on the Embarcadero. Mr. Darnton explained the pole type overhead lights would light up the same area two and a half times more than the posttype. The cost of installing the fixtures is borne by P. G. & E. as lead agency with Pacific Telephone and Cable T. V. also included. The cost for total installation of the type of lights that are now on the Embarcadero would be $12,500. He explained that there was no need for a final determination now as to the type of light fixture wanted. Councilman Mitchell asked if there were only two choices available and was told by Mr. Darnton that there were other light fixtures that could be used but these two types had proven to be the most popular. Mayor Donohoo declared the public hearing open at 7:45 p.m. and called for presentations by the public. Mr. Joe Streeper expressed his views on the height of the standards. In his opinion, the standards on the Embarcadero did not furnish enough light. He felt the ones on Main Street and Morro Bay Boulevard should be the arc type which would illuminate the area better and therefore, cut down on the crime problem. Mrs. Jane Orvis asked how the $500 was going to be paid by the property owner. Mr. Warden explained how each property owner would contact his own contractor and when the work was completed, make arrangements to reimburse him, the contractor, for his work. Councilman Mitchell asked if the property owners could work with MORRO BAY CITY Regular Meeting Page Three COUNCIL - March 24, 1975 one contractor rather than each one contacting a different one and was told by Mr. Warden that this could be done. Mrs. Orvis asked if consideration had been given to doing the work during the winter months instead of the summer, which is the tourist time of the year. Mr. Warden answered that that would be our goal but we would have to think about the weather and that would determine the best time. Mrs. Orvis expressed her approval of the lighting on the Embarcadero and recommended that the Main Street lighting be the same type. Mr. Ted James asked who was responsible for payment of under - grounding to the property in the rear of Dr. Rockwell's property. It was not determined exactly which property was being referred to and the P. G. & E. representatives stated they would look into the matter further and would report back. Councilman Mitchell asked that if the post type light standards were originally erected and it was ever wanted to increase the size to the lightoliers, could it be done. The answer was negative. Comments were also heard from Mrs. Benetti of the Breakers Coffee Shop. She was curious as to the prices that would be in effect in a year when the work would actually be taking place. No answer could be given. As there were no further comments, the public hearing was closed at 8:20 p.m. MOTION: Councilman Mitchell moved that Council make a finding that the underground district should be established and that Resolution No. 24-75 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden stated that the dates to be inserted on Page 2 of the Resolution No. 24-75 are: July 1, 1976 and December 31, 1976. Mr. Warden read Resolution No. 24-75 by title only. MOTION: Councilman Mitchell moved for the adoption of Resolution No. 24-75. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. Councilman Mitchell stated that he preferred the post type standard and Councilman Pipitone agreed, saying that he felt that this type of standard was more attractive in the daytime. MOTION: Councilman Mitchell moved that we indicate a preference for post type light standards and have the P. G. & E. representative report back to Council on the price and amount of illumi- nation which can be obtained from the different light standards. The motion was seconded by Councilman Brown and carried with Mayor Donohoo dissenting. MORRO BAY CITY COUNCIL Regular Meeting - March 24, 1975 Page Four C-2 Approval of lease with Theresa, Anthony F. and James A. Silva for City use of water well and RESOLUTION NO. 25-75 accepting short form of lease for recording (RECOMMEND APPROVAL) Mr. Warden stated that this item is in two parts; one, the adoption of Resolution No. 25-75 and two, the execution of the short form of lease for recording. MOTION: Councilman Jennings moved that Council approve the lease with Theresa, Anthony, and James Silva for City use of water well and authorize the execution of lease by the Mayor and City Clerk. The motion was seconded by Councilman Mitchell and unanimously carried. MOTION: Councilman Jennings moved that the Mayor and City Clerk be authorized to execute the short form of lease for recording. The motion was seconded by Councilman Brown and unanimously carried. MOTION: Councilman Jennings moved that Resolution No. 25-75 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 25-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 25-75. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. C=3 ORDINANCE NO. 133 amending Section 8.04.040 authorizing County Health Officer to hold hearings for violations of the Health Code. Second Reading (RECOMMEND APPROVAL) MOTION: Councilman Jennings moved that Ordinance No. 133 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Ordinance No. 133 by title only. MOTION: Councilman Jennings moved that this constitute the second and final reading of Ordinance No. 133 and that it be adopted. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. NEW BUSINESS D-1 Cal Poly Clean Air Rallye (Request Council approval for $500 support) Mr. Warden stated that during 1974 the City of Morro Bay helped Cal Poly in putting together an entry for the Clean Air Rallye utilizing a Cadillac fueled by sewer gas. The Council authorized support up to $1200 in 1974, whereas MORRO BAY CITY Regular Meeting Page Five COUNCIL - March 24, 1975 $1,000 was actually spent. This year, Cal Poly is again asking for support from the City to defray some of the costs of trans- porting the tanks necessary to contain the fuel, safety checks of the tanks, and associated costs, such as a new carburetion system. They are asking for an amount up to $500.00. We are now in the process of contacting Federal and State agencies attempting to secure grant monies for implementing a pilot program for methane conversion and our cooperation with Cal Poly Mechanical Engineering Department would, no doubt, benefit our attempt. Mr. Warden stated that he would recommend the support of $500.00. MOTION: Councilman Jennings moved that Council authorize $500.00 to support the Cal Poly Mechanical Engineering Department to enter the 1975 Clean Air Rallye. Councilman Pipitone asked if the City had received any in- formation from Cal Poly regarding the last Clean Air Rallye and how their entry had fared and was told by Mr. Warden that we had. The motion was seconded by Councilman Mitchell and unanimously carried by roll call vote. D-2 Proposal to contract for annual independent audit (RECOMMEND APPROVAL) Mr. Warden stated that a proposal has been received from Mr. Thomas R. Bennett, CPA, to accomplish the annual independent audit. Mr. Ray Pielop, who worked on the 1974 audit as a staff member for Milton E. Willeford, is on the staff of Mr. Bennett and would be working on the audit this year. The proposal fee of $3,000 includes both the regular audit and the audit of revenue sharing expenditures. The agreement that the City had with Mr. Willeford was for $2700 for the regular annual audit and a maximum of $500 for the revenue sharing audit. Mr. Warden further stated that comparing these figures and observing the amount of effort for the revenue sharing audit, the proposal of $3,000 is acceptable and he recommends that Council accept it. MOTION: Councilman Jennings moved that the proposal of Mr. Thomas R. Bennett, Certified Public Accountant, in the amount of $3,000, to accomplish the regular audit and the audit of revenue sharing expenditures be accepted. The motion was seconded by Councilman Brown. Councilman Mitchell asked how the selection of an accounting firm to do the audit was made. Mayor Donohoo stated that any inquiries that he receives regarding this matter are referred to City Hall. The motion unanimously carried by roll call vote. MORRO BAY CITY COUNCIL Regular Meeting - March 24, 1975 Page Six D=3 Consideration of qualifying for Housing and Community Develop- ment Act assistance Mr. Warden explained that under the Housing and Community Development Act of 1974, certain funds have been made available to cities with populations less than 50,000. The City of Morro Bay has submitted a pre -application requesting funding in the amount of $115,000 for five projects; namely, I. Evaluation of Housing needs and improvement program $12,000 II. Landscape and equip the Del Mar Community Park 27,000 III. Construction of new floating docks and landscaping of adjacent shoreside area 40,000 IV. Construction of additional bicycle path 20,000 V. Development of Keiser Park & Morro Creek Recreation Area 16,000 The pre -application had a deadline of March 1, 1975; however, the final application must be submitted to the State by April 15, 1975 and to H.U.D. by May 15, 1975. The City has been asked to join the.County and other eligible cities in a joint application requesting funding of a program to evaluate housing needs which was our number one priority project in the pre -application. Joint applications seem to have a better probability of receiving funding than separate applications. However, it has been our experience in the past that a joint effort with the County takes too much time and there is a time element involved. Council was asked what its desires were: for the City of Morro Bay to go along with the County on a joint application, or to pursue its own application. Mr. Nuzum stated that the final application must be in by April 15, 1975 and we have only the Council meeting of April 14th for the E.I.R. to be brought back for review. There was general discussion on the assistance that HUD could provide in connection with the housing program. MOTION: Mayor Donohoo moved that the City of Morro Bay proceed with the application for funding on its own and not in conjunction with the County. Councilman Jennings seconded the motion and it unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Mayor Donohoo stated that he wished to have Council approval to leave the State for the first meeting in the month of April and would return by the last Council meeting in April. MORRO BAY CITY COUNCIL Regular Meeting - March 24, 1975 Page Seven ' MOTION: Mayor Donohoo moved that he be given Council approval to be absent from the Council meeting of April 14 and return by April 28 Council meeting. The motion was seconded by Councilman Jennings and unanimously carried. E-2 City Attorney Mr. LeSage had nothing to report. E-3 City Administrator (1) Mr. Warden reminded the Council that April 7th was annual clean up day. (2) Mr. Warden asked Council if everyone had a copy of the Standard Oil EIR. He proposed that the testimony given at the Planning Commission meeting of March 17 be transcribed and given to each Council member. Mr. Warden further stated that he would like to have this Standard Oil matter back on the agenda at the next meeting, April 14. Mayor Donohoo requested that it be put off until April 28 when he will be in attendance. (3) Mr. Warden stated that Mayor Donohoo, Councilman Mitchell and Councilman Jennings had been asked to participate in the Fireman's Muster Parade on April 5 and also to act as judges. Mayor Donohoo and Councilman Jennings were affirmative but Councilman Mitchell stated that he did not know whether or not he would be in town on that date. (4) Mr. Warden stated that the bids that were put out for the Digester Heater had attracted only one return, and it was too high. More bids will be solicited in the future. (5) Mr. Warden explained that our Animal Control Agreement had been rejected by the County. He will get back to the Council for a final decision. ADJOURNMENT MOTION: Councilman Jennings moved that the Council adjourn. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 8:55 p.m.• RECORDED BY: MURRAY L. WARDEN City Clerk Barbara Finley Acting Clerk CITY OF' MORRO BAY AGENDA - CITY COUNCIL MEETING March 10, 1975 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR NOTICE All matters listed under Item A, Consent Calendar, are con- sidered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A-1 Minutes of regular meeting of. February 24, 1975 A-2 Minutes of executive meeting of February 24, 1975 A-3 Expenditure Report, 2-15-75 through 2-28-75 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Resolution No. 21-75 approving grant of Use Permit to Morro Bay Chamber of Commerce for City Park for Concert (RECOMMEND APPROVAL) A-6 Resolution No. 22-75 authorizing acceptance of quitclaim deed from Henry O. Bender (RECOMMEND APPROVAL) A-7 Response to Council inquiry regarding renewal of comprehensive and collision insurance coverage. (RECOMMEND ITEM RECEIVED AND FILED) A-8 Lease with Methodist Church for approximately 1.7 acres for City use as park (RECOMMEND APPROVAL TO FORWARD DRAFT LEASE TO METHODIST CHURCH) A-9 Federal Aid Urban Project List - City Engineer's recommendation to authorize City Administrator to apply and receipt for Federal funds (RECOMMEND APPROVAL) HEARINGS, APPEARANCES AND REPORTS None UNFINISHED BUSINESS C-1 Council action concerning letter from Standard Oil Company offering annexation. C-2 Approval of agreement with County for implementation of Animal Control Program NEW BUSINESS D-1 City Summer Camp Program. Camp Cayucos request City Council approval. D-2 Consideration of claim by:Dennis L. Friend D-3 Ordinance No. 133 amending Section 8.04.040 authorizing County Health Officer to hold hearings for violations of the Health Code. D-4 Adoption of Ordinance No. 134 setting fees for soil stability tests in designated landslide risk areas. D-5 Morro Bay Firefighters Association request for Use Permit to use City property for firefighters muster. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 E-2 E-3 City City City Council Attorney Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 10, 1975 - 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. Reverend Dear of the First Christian Church gave the invocation. ROLL CALL PRESENT: Councilmen Brown,- Jennings, Mitchell and Pipitone and Mayor Donohoo ABSENT: None CONSENT CALENDAR A-1 Minutes of regular meeting of February'24, 1975 A-2 Minutes of executive meeting of February 24, 1975 A-3 Expenditure Report, 2-15-75 through 2-28-75 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 RESOLUTION NO. 21-75 approving grant of Use Permit to Morro Bay Chamber of Commerce for City Park for Concert (RECOMMEND APPROVAL) A-6 RESOLUTION NO. 22-75 authorizing acceptance of quitclaim deed from Henry O. Bender (RECOMMEND APPROVAL) A-7 Response to Council inquiry regarding renewal of comprehensive and collision insurance coverage. (RECOMMEND ITEM RECEIVED AND FILED) A-8 Lease with Methodist Church for approximately 1.7 acres for City use as park (RECOMMEND APPROVAL TO FORWARD DRAFT LEASE TO METHODIST CHURCH) A-9 Federal Aid Urban Project List - City Engineer's recommendation to authorize City Administrator to apply and receipt for Federal funds (RECOMMEND APPROVAL) MOTION: Councilman Mitchell moved for the approval of the Consent Calendar, Items Al through A9, with the understanding that approval means taking the action recommended by the City Administrator. The motion was seconded by Councilman Brown and unanimously carried. HEARINGS. APPEARANCES AND REPORTS None UNFINISHED BUSINESS C-1 Council action concerning letter from Standard Oil Company offering annexation Mr. Warden stated that the letter which was received from the MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - March 10,. 1975 Page Two Standard Oil Company suggesting that they are willing to annex their property south of Toro Creek to the City, was brought to the Council at their last meeting of February 24 on an.informative basis only, having just received the letter that date. Tonight he is presenting the same letter on a formal basis asking for Council input and/or action. Mr. LeSage explained that annexation proceedings could be initiated either by Standard Oil Company or the City of Morro Bay. He explained the procedure and stated that the Council would have the final say. Approximately five to six months would elapse between the time the proceedings were initiated and fruition of the action. Councilman Jennings read a letter which he had written to his fellow Councilmen asking for their support in implementing a "straw vote" which would, in his opinion, provide an expression of citizen sentiment. There are approximately 4000 registered voters and the estimated cost of the "straw vote" proposal would be $600.00. MOTION: Councilman Jennings moved to implement a "straw vote" of registered voters regarding the annexation of Standard Oil Company prop- erty and the issue of the Standard Oil Mono - buoy project. Councilman Brown stated that normally he was not in favor of "straw votes" but feels that the mono -buoy will have such a signifi- cant effect on the area, that, in this instance, a straw vote would be appropriate. The motion was seconded by Councilman Brown. There was much discussion regarding the five or six months delay; also, it was felt that the two issues were being confused - whether to approve the proposed Estero Deepwater Terminal and Crude Pipeline project and the annexation of the Standard Oil property. It was also felt by Councilman Mitchell that the straw vote would reflect only the opinion of the registered voters and not the entire population of Morro Bay. The motion failed on the following roll call vote: AYES: Councilmen Brown and Jennings NOES: Councilmen Mitchell and Pipitone and Mayor Donohoo Councilman Mitchell then questioned whether the Environmental Impact Report the City had at the present time was official and was told by Mr. Warden that it was a draft EIR only and the final EIR would be ready in April after public and/or City Council, Planning Commission comments had been incorporated. After the EIR is completed, the County will send back a Use Permit question for Council's input, after which it will go back to the County to see'if a Use Permit should be issued. The City of Morro Bay is a responsible agency, but not the lead agency. Councilman Brown asked, that since Standard Oil has made the MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL - March 10, 1975 offer, would it be improper to acknowledge receipt of the letter and hold it in abeyance. There was discussion on whether or not a committee should be formed to study the annexation of the Standard Oil Company. MOTION: Councilman Mitchell moved that Council reject the offer made by the Standard Oil Company to annex property south of Toro Creek. The motion was seconded by Councilman Pipitone. The motion failed on the following roll call vote: AYES: Councilmen Mitchell and Pipitone NOES: Councilmen Brown and Jennings and Mayor Donohoo Mayor Donohoo stated that he felt the City should consider the economics of the situation. In his opinion, the City and schools would benefit from the increased tax revenue. MOTION: Councilman Jennings moved that a committee of two Council members, two Planning Commission members, and Staff, be formed to study the annexation of the Standard Oil property as referred to in their letter of February 21, 1975. The motion was seconded by Mayor Donohoo. After discussion, Councilman Jennings made the following amendment to his motion: That this matter be referred to Staff to come up with guidelines for the committee to study. The amendment to the motion was seconded by Councilman Brown. Shirley McGuire asked for citizen participation on the committee that was to be formed to study the matter. The motion passed by roll call vote. Mayor Donohoo appointed the following people to act on the study committee: Councilmen Jennings and Mitchell, Planning Commiss- ioners Baxter and Devlin, in addition to Staff. He directed Staff to inform the participants. RECESS: 8:18 p.m. RECONVENED: 8:25 p.m. C-2 Approval of agreement with County for implementation of Animal Control Program Mr. Warden suggested that Council approve the Animal Control Agreement with the County with certain revisions: namely; with regard to Animal Control Enforcement, page 3, paragraph (c), the first sentence should be changed to read as follows: "County shall enforce all City Animal Control ordinances and State laws within City's corporate limits, investigate complaints, including complaints in- volving animal bites, issue citations, enforce and prosecute City MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - March 10, 1975 Page Four Animal Control Ordinances". All other portions of that paragraph to remain as written. And on page 6, paragraph (10) Prosecution - Delete entire paragraph. It is the City Attorney's feelings, as well as the City Administrator's, that the District Attorney's office could handle the aspect of pro- secution of violations. MOTION: Councilman Mitchell moved that Council approve the recommendation of the City Administrator and direct that the Mayor and City Clerk proceed with execution of the Animal Control Agreement as modified. The motion was seconded by Councilman Jennings and unanimously carried. NEW BUSINESS D-1 City Summer Camp Program Mr. Warden stated that Council is being asked to approve the summer camp program being changed from the Rancho E1 Chorro to Camp Cayucos. The Camp Cayucos site offers many more facilities and activities than are available at Rancho E1 Chorro. In approving this program, it should be noted that the City should be prepared to provide a subsidy. MOTION: Councilman Jennings moved that Council approve this camp program with the under- standing that a subsidy might be required. The motion was seconded by Councilman Mitchell and unanimously carried. D=2 Consideration of claim by Dennis L. Friend Mr. Warden stated that the claim of Dennis L. Friend for alleged damages occurring as a result of City actions should be handled in the same manner as any other claim against the City; i.e., referred to the City's insurance carrier. Mr. LeSage reported that if Council approved the claim without the Insurance Carrier's approval, the City would then become liable. MOTION: Councilman Jennings moved that the claim of Dennis L. Friend for alleged damages occurring as a result of City actions be denied and referred to the insurance carrier. The motion was seconded by Councilman Brown. Councilman Mitchell stated that he had several questions to bring before the Council. Mr. LeSage reported that this is a possible lit- igation matter and should be brought up in Executive session. Mrs. Friend stated that she was available for questioning at the Council's convenience, and asked to be notified of any action. MINUTES MORRO Regular Meeting Page Five' BAY CITY COUNCIL - March 10, 1975 The motion carried unanimously. Mr. Warden stated that there is an assumption that the City is in error. The opportunity should be afforded Council to examine this matter in Executive session to determine if there were any errors on the part of the City. Mr. Warden informed Mrs. Friend the insurance carrier would notify them if any questions needed to be answered. D-3 Ordinance No. 133 amending Section 8.04.040 authorizing County Health Officer to hold hearings for violations of the Health Code Mr. Warden stated that this proposed ordinance deals with hearing procedures for health code violations. The City of Morro Bay, in the absence of its own Health Officer, has opted to authorize the County to perform all health inspections and enforcement functions. A part of that is a hearing procedure. Therefore, the City no longer needs the hearing procedures as established by Ordinance No. 126. MOTION: Councilman Mitchell moved that Ordinance No. 133 be read in its entirety. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Ordinance No. 133 in its entirety. MOTION: Councilman Jennings moved that this constitute the first reading of Ordinance No. 133. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. D-4 Adoption of Ordinance No. 134 setting fees for soil stability tests in designated landslide risk areas Mr. Warden stated that Ordinance No. 134 would add a section to the Building Regulations -- Building Code,establishing a $20.00 fee for all building permits in the areas designated as "F" on the Seismic/ Geologic Map of the City of Morro Bay. This fee would help in the cost of the Geologist's detailed study of landslide areas which Council authorized at the meeting of February 24, 1975. The matter is presented as an emergency ordinance because the study is presently being conducted and would be completed prior to the time when a routine ordinance could be adopted. MOTION: Councilman Jennings moved that Ordinance No. 134 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 134 by title only. MOTION: Councilman Jennings moved for the adoption of Ordinance No. 134. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL - March 10, 1975 D75 Morro Bay Firefighters Association request for Use Permit to use City property for firefighters muster Mr. Warden read a letter from the Morro Bay Firefighters Muster Committee requesting a Use Permit for the weekend of April 4, 5, and 6, 1975. They requested the use of facilities at Lila Keiser Park for booth and contest areas; the use of Quintana Road east of Butte for a parade line up area, with the'proposed parade route to be west on Morro Bay Boulevard to Market Street, with dispersal area from Pacific to Harbor; the use of Market Street between Beach and Surf for a street dance; and would like to have the parking area adjacent to Morro Rock and the City parking lot south of the P. G. & E. plant made available for camper parking, on an overflow basis. Mr. Warden also stated that according to a memo from the Chief of Police, the parade route and'time for it should be changed. The Chief's recommendation is that the time for the parade be for no more than one and a half hours and the route be altered to a starting point of Quintana Road and Morro Bay Boulevard with staging area to be adjacent thereto on Las Tunas and Balboa Streets. The parade should not continue beyond Morro Avenue and should disperse at the inter- section of Morro Bay Boulevard and Morro Avenue. Mr. Warden concurred with the Police Department's recommendation on the parade route changes, and does not approve the request as per- tains to camper parking, as it would be in violation of the ordinance concerning parking in the above mentioned areas. Councilman Pipitone asked what the City planned to do about all the extra campers that are expected and was advised by Mr. Warden that the situation would be handled in the same manner as any other big weekend, such as Memorial Day or the Fourth of July. Councilman Mitchell was opposed to ignoring the ordinance stating that once exceptions are made, they will be expected again, and camper parking is not wanted in the vicinity of the rock. He suggested that maybe the overflow could be handled at Chorro Willows. MOTION: Councilman Mitchell moved that Council approve the request of Firefighters Association for a Use Permit for their muster activities but not approve camper parking in the rock area. The motion was seconded by Councilman Jennings and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Mitchell requested an executive session to discuss possible litigation. E-2 City Attorney (1) Mr. LeSage reported that the Silva's have agreed to sign the agreement for the use of a well on their property. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - March 10,,1975 Page Seven (2) Mr. LeSage also requested an executive session to discuss possible litigation. E-3 City Administrator (1) Mr. Warden stated that the request of June Cunningham requesting an extension of time for use of City "T" Pier will be brought back at a later time. (2) Mr. Warden reported that there was one copy of the Pre- liminary Coastal Plan available at City Hall. He suggested close scrutiny by the Council. (3) Mr. Warden reported that the Camp Fire Girls will be working in conjunction with the Public Works Department on March 15th in cleaning up the beach area north of Morro Rock. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting adjourn to executive session to consider possible litigation matters. The motion was seconded by Councilman Mitchell and unanimously carried. The meeting adjourned to executive session at 9:00 p.m. and returned to regular session at 9:50 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 9:51 p.m. RECORDED BY: ow) ARDEN City Clerk Barbara Finley Acting Clerk u CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING February 24, 1975 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR NOTICE All matters listed under Item A, Consent Calendar, are con- sidered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A-1 Minutes of the regular meeting of February 10, 1975 A-2 Minutes of the executive meeting of Feburary 10, 1975 A-3 Expenditure Report, 2-1-75 to 2-15-75 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Claim of Lucia Skillen for damages (RECOMMEND AUTHORIZATION FOR PAYMENT) A-6 Claim of Beverly Wade DBA Beverly's Poodle Room for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT) A-7 Claim Francois H. Weatherford for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT) A-8 Claim of Joe Limon DBA Morro Bay Rexall Drug for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT) A-9 Awarding of Bid No. 1-75, Monte Young Park playground equip- ment to Thoro Systems in the amount of $2,692.40 (RECOMMEND APPROVAL) A-10 Awarding of Bid No. 2-75 - Wastewater treatment plant labora- tory equipment and supplies for compliance with Regional Water Quality Control Board Order No. 74-18 in the total amount of $3,422.16 (RECOMMEND APPROVAL IN ACCORDANCE WITH CITY ENGINEER'S RECOMMENDATION) A-11 Awarding of bid for repainting exteriors of two Kings Avenue water storage tanks to Fred Julien and Associates in the amount of $5,995 (RECOMMEND APPROVAL) A-12 Awarding of bid for wastewater treatment plant chlorine analyzer installation to E.C.R. Corporation in the amount of $9,100 (RECOMMEND APPROVAL) A-13 Awarding of bid for tennis courts, Monte Young Park, to Wray Construction Company in the amount of $31,422 (RECOMMEND APPROVAL A-14 RESOLUTION NO. 18-75 authorizing additional use of charter and party boat operations on Lease Site No. 22, Gunther (RECOMMEND APPROVAL) A-15 Police request for the Council to permit the enlargement of Police Reserves (RECOMMEND APPROVAL) A-16 Authorization for City Administrator to sign for receipt of Federal Aid Urban funds (RECOMMEND APPROVAL) HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of County Engineering staff to discuss the Nacimiento Water Supply Project B-2 Hearing on vehicle abatement AGENDA - CITY COUNCIL MEETING February 24, 1975 Page Two UNFINISHED BUSINESS None NEW BUSINESS D-1 RESOLUTION NO. 19-75 approving- grant of Use Permit to Morro Bay 4-H Club for use of City Park D-2 RESOLUTION NO. 20-75 of necessity for acquiring property located in the vicinity of the wastewater treatment plant D-3 Offer to sell property in vicinity of wastewater treatment plant to City D-4 Consideration of contracting with Cooperative Personnel Services for a Classification and Salary Survey D-5 Claim of Morro Bay Police Officers Association for three years' back wages for fifteen minute pre -briefing D-6 Consideration of bid for City liability insurance INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 24, 1975 - 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.Reverend Dear of the First Christian Church gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None�' CONSENT CALENDAR A-1 Minutes of the regular meeting of February 10, 1975 A-2 Minutes of the executive meeting of February 10, 1975 A-3 Expenditure Report, 2-1-75 to 2-15-75 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Claim of Lucia Skillen for damages (RECOMMEND AUTHORIZATION FOR PAYMENT) A-6 Claim of Beverly Wade DBA Beverly's Poodle Room for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT) A-7 Claim of Francois H. Weatherford for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT) A-8 Claim of Joe Limon DBA Morro Bay Rexall Drug for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT) A-9 Awarding of Bid No. 1-75, Monte Young Park playground equipment to Thoro Systems in the amount of $2,692.40 (RECOMMEND APPROVAL) A-10 Awarding of Bid No. 2-75, Wastewater treatment plant laboratory equipment and supplies for compliance with Regional Water Quality Control Board Order No. 74-18 in the total amount of $3,422.16 RECOMMEND APPROVAL IN ACCORDANCE WITH CITY ENGINEER'S RECOM- MENDATION) A-11 Awarding of bid for repainting exteriors of two Kings Avenue water storage tanks to Fred Julien and Associates in the amount Of $5,995 (RECOMMEND APPROVAL) A-12 Awarding of bid for, -wastewater treatment plant chlorine analyzer installation to E.C.R. Corporation in the 'amount of $9,100 (RECOMMEND APPROVAL) A-13 Awarding of bid for tennis courts, Monte Young Park, to Wray Construction Company in the amount of $31,422 (RECOMMEND APPROVAL) A-14 RESOLUTION NO. 18-75 authorizing additional use of charter and party boat operations on Lease Site No. 22, Gunther (RECOMMEND APPROVAL) MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - February 24, 1975 Page Two A-15 Police request for the Council to permit the enlargement of Police Reserve (RECOMMEND APPROVAL) A-16 Authorization for City Administrator to sign for receipt of Federal Aid Urban Funds (RECOMMEND APPROVAL) Councilman Pipitone requested that Item A-15, Police request for the Council to permit the enlargement of Police Reserves, be deleted from the Consent Calendar and considered under New Business as Item D-7. Councilman Mitchell requested that Item A-16, Author- ization for City Administrator to sign for receipt of Federal Aid Urban funds, be deleted from the Consent Calendar and considered under New Business as Item D-8. MOTION: Councilman Jennings moved for the approval of the Consent Calendar, Items A-1 through A-14, with the 'understanding that approval means taking the action recommended by the City Administrator. The motion was seconded by Councilman Mitchell and unanimously carried. HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of County Engineering staff to discuss the Nacimiento Water Supply Project Mr. Clinton Milne of the County Engineering Department was present to discuss the desirability of forming Zone 12 for the Nacimiento Water Project and the best timing for a revenue bond election. This matter will be before the Board of Supervisors on March 3rd for a decision on the formation of Zone 12 and Mr. Milne is visiting the various communities involved to get their feelings on the matter in order to report back to the Board. The communities which are proposed to participate in Zone 12 are Paso Robles, Templeton, Atascadero and Morro Bay. Mr. Milne explained that the last ballot issue on this matter, Zone 10, included County Service Area No. 9 or the Baywood-Los Osos area. Since the issue was defeated so_�definitely in County Service Area No. 9, the County felt that it would be useless to include `them in a second ballot issue. The increased cost to the City of Morro Bay under a Zone 12 package would be about 41% or $15,853,000 as opposed to the $11,318,000 it was under Zone 10. In talking with Atascadero and Paso Robles, Mr. Milne reported that they were in favor of Zone 12, however, wished the ballot issue deferred indefinitely because of the current condition of the economy They also wished to explore the possibilities of grant assistance. Mr. Milne'discussed the possibility of the City of San Luis Obispo joining the project since it looked like'Santa Barbara County was not going to participate in the State Water Project for several years. There was considerabl'e'discussion on this matter. If San Luis Obispo joins the project, it will mean lesser costs to the partici- pants involved. MINUTES - MORRO Regular Meeting Page Three' There was the reservation Project. BAY CITY COUNCIL - February 24, 1975 discussion regarding the taxes paid at this time for of water from Nacmiento Lake and the State Water Mr. Warden wanted to emphasize'that Council would not be committing themselves to a bond issue if they indicated their approval of the Zone 12 concept. Councilman Mitchell was not in favor of approving the proposed Zone 12 because he felt it would be committing the Council to a future course of action more expensive than the first one. MOTION: Councilman Jennings moved that the Council direct the County Engineering Department to inform the Board of Supervisors of the Morro Bay City Council favoring the formation of Zone 12. The motion was seconded by Mayor Donohoo and carried on the following roll call vote: AYES: Councilmen Brown, Jennings, Pipitone and Mayor Donohoo NOES: Councilman Mitchell There was discussion as to how soon the Council would like to see this matter placed on the ballot for decision by the voters. Councilman Jennings felt it should be as soon as possible; perhaps the May ballot. Councilmen Mitchell and Brown favored waiting until at least November; perhaps information would be available regarding grants and it may be known what course San Luis Obispo will take by that time. Mr. Warden informed the Council that, from his conversations and meetings with the various entities involved, they were not going to go for a May revenue issue; they may not even agree to it by November. It was noted that Morro Bay is the only participant in the proposed project that has a pressing necessity for it. Councilman Jennings felt that the Board of Supervisors should be informed that the City of Morro Bay feels very strongly about this matter. MOTION: Councilman Jennings moved that it be conveyed to the Board of Supervisors the Council's eagerness for an election regarding Zone 12 at the earliest feasible time. The motion was seconded by Council- man Brown and unanimously carried by roll call vote. RECESS 8:42 p.m. RECONVENED 8:48 p.m. B-2 Hearing on vehicle'abatement Mr. Warden informed the Council that the first three 'vehicles to be considered for abatement had been removed. Two others are scheduled for hearing: a 1954'GMC panel truck located in the lot east of 410 Nassau Street and a 1953'Dodge sedan located in the parking lot at 780 Market Avenue. Mayor Donohoo opened the public hearing at 8:49.p.m. and called for presentations regarding the vehicles' in question. As there 'were no comments from the public, the hearing was closed at 8:49 p.m. MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL - February 24, 1975 MOTION: Councilman Jennings moved that the abatement of the subject vehicles be handled in accord- ance with'the ordinance. The motion was seconded by Councilman Brown and unanimously carried. UNFINISHED BUSINESS None NEW BUSINESS D-1 RESOLUTION NO. 19-75. Resolution approving grant of Use Permit to the Morro Bay 4-H Club Mr. Dave Nelson, Morro Bay 4-H Leader, introduced three of the 4-H members who briefly described their intended use of the City Park on April 12 and 13. They will be exhibiting several small animals and will provide adequate care for them as well as cleaning up after- wards. Mr. Warden informed the Council that there is no problem with the Health Department as long as the 4-H Club provides a continuing program of waste disposal and there is no difficulty in containing waste. They plan to take care of this by using ground covers of heavy plastic or canvas covered with straw or sawdust. MOTION: Councilman Jennings moved that Resolution No. 19-75 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 19-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 19-75. The motion was seconded by Councilman Pipitone and unanimously carried. D-2 RESOLUTION NO. 20-75. Resolution of necessity for condemnation Mr. Warden informed the Council that he has been attempting to purchase the two parcels of property in the area of the wastewater treatment plant necessary for treatment plant expansion. To date, he has received no definitive answer from either party. The proposed resolution can be used for either piece of property if the City is unable to arrive at a purchasing agreement withrthe property owners. MOTION: Councilman Jennings moved that Resolution No. 20-75 be read by title only. The motion was seconded by Mayor Donohoo and unanimously carried. Mr. Warden read Resolution No. 20-75 by title only. MOTION: Councilman Jennings moved for the'adoption_of Resolution No. 20-75. The motion was seconded by Councilman Brown and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - February 24, 1975 Page Five D-3 Offer to sell property in vicinity of wastewater treatment plant to City Mr. Warden stated that he had been approached by a realtor representing a property owner in the'vicinity of the 'treatment plant. The property in question is not necessary at this 'time for plant ex- pansion; the only reason for purchasing it would be for assuring a contiguous holding of City property in the area. MOTION: Councilman Mitchell moved that Council turn down the offer of sale of this property to the City. The motion was seconded by Councilman Jennings and unanimously carried. D-4 Consideration of contracting with Cooperative Personnel Services for a Classification and Salary Survey Mr. Warden stated that the City has not had a valid salary and classification study since its incorporation and he feels this matter should be attended to. He has not been able to perform this function himself because of inadequate time and the necessity of interviewing each individual employee. Cooperative Personnel Services is a State agency capable of performing this function for a fee of $4800 which would include a review and appeal analysis by the employees prior to the preparation of the final report. Mr. Warden is bringing this matter to the Council at this time because the CPS must schedule their work well in advance of perform- ance. They would not be able to begin until July, 1975 which would be in the next budget year, however, Mr. Warden needs Council appro- val at this time to initiate contract arrangements. Mayor Donohoo stated that various Councils have discussed this over the years with the intention of having such a survey performed; he is wholeheartedly in support of the proposal. MOTION: Mayor Donohoo moved that Council go on record in support of the proposal. The motion was seconded by Councilman Jennings and unanimously carried by roll call vote. It was noted that a motion was needed to authorize the Mayor` and City Clerk to enter into an agreement with CPS for the amount of $4800. MOTION: Councilman Jennings moved that the Mayor and City Clerk be 'authorized to enter into an agreement with'Cooperative Personnel Services for a fee of $4800. The: 'motion was seconded by Councilman Brown and unanimously carried by roll call vote.' D-5 Claim of Morro Bay Police Officers Association for three years' back wages for fifteen` minute pre -briefing E MINUTES - MORRO Regular Meeting Page Six BAY CITY.COUNCI'L - February 24, 1975 Councilman Pipitone'stated that he would abstain from discussions and any Council action in this matter. Mr. Warden informed the Council that this matter had been dis- cussed at last year's negotiations and the Morro Bay Police Officers Association had not pursued the matter at that time as San Luis Obispo's Police Officers Association was in the process of making a similar claim against the 'City of San Luis Obispo. Mr. Warden feels that the 'claim is unjustified because the Police Officers work from'8:00 a.m. in the morning until 4:00 p.m. in the afternoon. This includes thirty minutes' off for lunch, in addition to which they have coffee breaks. Even adding in the fifteen minute pre -briefing period would not add up to a full eight hour day. In addition, all officers were hired on a monthly salary basis rather than an hourly basis and were 'fully aware of this pre -briefing re- quirement before taking employment with the City. Mr. LeSage referred to Section 911.2 of the Government Code which deals with claims. According to this section, claims are in- valid if received over a year after their occurrence. The claim from the Association is for the past three years, so at least two years of the claim is unjustified. MOTION: Councilman Mitchell moved that Council find that the claim of the Morro Bay Police Officers" Association is improperly filed because it is not filed by a proper entity; it is filed late insofar. -.as claims arising more than one year ago; in addition, that Council denies the claim. The motion was seconded by Councilman Jennings and unanimously carried. D-6 Consideration of bid for City liability insurance Mr. Warden informed the Council that the City had received only one bid from Safeco Insurance Company, which is the City's present carrier. This bid was in the amount of $36,833 for an annual premium of liability insurance. The present annual premium has averaged $17,000. Mr. Warden informed the Council that a considerable increase for insurance premiums is being felt everywhere by municipalities because of their high loss history. Several large insurance companies are refusing to cover municipalities at all. Mr. Warden recommended the Council award the bid for insurance to SAFECO in the amount of $44,783 which; in addition to general liability insurance, includes coverage for false 'arrest and errors and omissions. He also recommended Council authorize the transfer of $27,533 from Reserve to cover the first year's premium for which only $17,250 had been budgeted. MOTION: Councilman Jennings moved that the bid for City insurance' coverage be awarded to SAFECO in the 'amount of $44,783 and that the'necessary funds to cover this expenditure be'transferred MINUTES - MORRO BAY CITY COUNCIL ' Regular Meeting - February 24, 1975 Page'Seven from Reserve. The motion was seconded by Mayor Donohoo. Councilman Mitchell asked if it might not be'cheaper to cut down on some of the automobile collision coverage and have that work per- formed by the'City. Mr. Warden stated that he'would check into the matter and report back to Council. The motion was unanimously carried by roll call vote. D-7 Police request for the Council to permit the enlargement of Police Reserves Mr. Warden stated that this request from the Police Chief is to enlarge the present five -man reserve to seven officers. Councilman Pipitone stated that he did not feel this request was justified at this time. He would prefer to see the matter taken up at budget time. Also, a reserve officer does not have the training of a patrolman and he does not like seeing reserve officers used in place of police officers. He objected to the fact that the reserve force is nearly as large as the patrol force. Councilman Brown agreed that this matter should be taken up at budget time. MOTION: Councilman Jennings moved that Council find approval of the request to permit enlargement of the police reserve force from five to seven members. The motion was seconded by Councilman Mitchell and carried on the following roll call vote: AYES: Councilmen Jennings, Mitchell and Mayor Donohoo NOES: Councilmen Brown and Pipitone D-8 Authorization for City Administrator to sign for receipt of Federal Aid Urban funds Mr. Warden stated that the document before the Council would enable the City Administrator to sign for receipt of funds from FAU for certain projects. The Council had previously approved the con- cept of upgrading Beachcomber and Yerba Buena. Since the application designates this project as the one for which the City plans to use the funds, Mr. Warden suggested Council hold off acting on the matter until he finds out whether or not this designation can be changed at a later -date if the Council so desires. Councilman Mitchell stated that he had received calls on this matter from people'living on Beachcomber objecting to the proposed widening of the street. It was for this reason that he requested the 'matter to be withdrawn from the Consent Calendar. He'felt that the public should be heard before Council makes 'a final decision on the matter. Mr. Warden stated that he 'would bring the 'matter back to Council MINUTES - MORRO Regular Meeting Page Eight at a later date. BAY CITY COUNCIL - - February 24, 1975 INDIVIDUAL DETERMINATION 'AND/OR 'ACTION E-1 City Council (1) Councilman Jennings stated -that he had received a telephone call from a citizen concerned about the number of deaths in the ocean waters right outside Morro Bay Harbor. It was suggested that a sign be'posted at .the City launch ramp in- forming the public of the number of fatalities which have taken . place in the area. It was.noted that there are currently signs in the area of Morro Rock which advise boaters of the hazards. E-2 City Attorney (1) Mr. Leaage requested an executive session to discuss possible litigation. E-3 City Administrator (1) Mr. Warden informed the Council that there would be a presentation of the Regional Transportation Plan for San Luis Obispo County and Cities held at the Morro Bay Veterans Hall on February 25, 1975, at 7:30 p.m. (2) Mr. Warden read Council a letter from Standard Oil Company of California signed by Jules F. Mayer, Project' -Manager. This letter suggested that Standard Oil Company is willing to annex their property south of Toro Creek to the City. It is their conten- tion that this would increase the assessed valuation of Morro Bay about $17,000,000 or 42% which would amount to tax revenues to the City of about $174,000 per year. Mr. Warden stated that he had just this date received the letter and was bringing it to Council for their information. It was noted that Council was in receipt of the Standard Oil E.I.R. for their proposed Estero Deepwater Terminal and Crude Pipeline project. Annexation procedures were discussed. No action was taken by Council. (3) Mr. Warden reported on a League of California Cities City Manager's Meeting he had attended in Monterey. Discussed at the meeting were labor relations and municipal difficulties in obtaining liability insurance. (4) Mr. Warden informed the'Council that upon adoption of the Seismic Safety Element, certain areas of Morro Bay were designated as having high'landsl'ide'potential. It is the responsibility of the City to have these'designated areas refined into categories indicating specific areas which are stable and require no extra pre- cautions over the usual building procedures; 'those areas slightly landslide prone where the builder should be advised of possible MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL - February 24, 1975 hazards; and those areas where there is danger of landslide'and special foundations will be required. The need for this "refining" has come'to light recently and several building contractors are anxious to have this work performed as it is holding them up in their construction. Mr. Warden had .just received information from Bob Williams of Central Coast Laboratories as to the work involved and the cost which is approkimately $5800. Mr. Warden felt that some costs could be recovered by attaching a fee to the building permits. He recommended contracting the 'Central Coast Laboratories for this work. Councilman Mitchell strongly felt that this matter should be postponed until it could be made an agenda item. Since it involves a considerable expenditure of funds, Council should have time to study the matter and not have to make a decision from a verbal report. Councilmen Jennings and Pipitone felt that postponing this matter for two weeks until the next Council meeting and then having to accomplish the survey work, would put an undue burden on the contractor who is unable to work without this "refining" of land- slide areas. Comments were heard from Chet Weaver. MOTION: Councilman Jennings moved that Staff be authorized to negotiate with Mr. Williams of Central Coast Laboratories for refining the City's Seismic Safety Element at a cost of $5800. The motion was seconded by Council- man Pipitone and carried on the following roll call vote: AYES: Councilmen Jennings, Pipitone and Mayor Donohoo NOES: Councilmen Brown and Mitchell ADJOURNMENT MOTION: Mayor Donohoo moved that the meeting adjourn to executive session to consider possible litigation matters. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned to executive session at 10:05 p.m. and returned to regular session at 10:40 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 10:42 p.m. RECORDED BY: M. L. WARDEN City Clerk 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 10, 1975. 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 10, 1975 ARDEN, City Clerk City of Morro Bay, California CITY OF MORRO BAY AGENDA --CITY COUNCIL MEETING February 10, 1975 7;30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR NOTICE All matters listed under Item A, Consent Calendar, are con- sidered to be routine by the'City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A-1 Minutes of the regular meeting of January 27, 1975 A-2 Minutes of the executive meeting of January 27, 1975 A-3 Expenditure Report, 1-16-75 to 1-31-75 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Resolution approving amendment of lease with Brebes Morro Bay Fisheries, Inc. for Lease Sites No. 110W, 111W, and 112W; located north of South T Pier (Council previously approved in concept - RECOMMEND APPROVAL) A-6 Resolution authorizing granting of lease to Morro Bay Marina, Inc. for Mooring Zone Al-4 (Council previously approved in concept - RECOMMEND APPROVAL) A-7 Resolution approving assignment of Lease Site No. 18 from George F. Baier and Ronald L. Myers to Ronald L. Myers (RECOMMEND APPROVAL) A-8 Resolution approving grant of Use Permit to Kiwanis Club of Morro Bay -Estero for Annual Easter Sunrise Services (RECOMMEND APPROVAL) A-9 Resolution approving grant of Use Permit to Morro Bay Chamber of Commerce for City parking lot in P.G.&E. area - Oyster Festival (RECOMMEND APPROVAL) A-10 Resolution approving amendment to sewage agreements at Morro Bay State Park and Atascadero State Beach regarding charges (RECOMMEND APPROVAL) A-11 Resolution authorizing execution of the amended Crime -Control Joint Powers Agreement (RECOMMEND APPROVAL) A-12 Resolution adopting a Budget Calendar for 1975-76 Fiscal Year (RECOMMEND APPROVAL) A-13 Resolution adopting changes to official travel reimbursement (Council previously approved in concept - RECOMMEND APPROVAL) HEARINGS, APPEARANCES, AND REPORTS B-1 Public hearing on weed abatement UNFINISHED BUSINESS C-1 Resolution adopting amendments to Refuse Contract C-2 Resolution calling for a public hearing to determine whether an underground utility district should be formed NEW BUSINESS None AGENDA - CITY COUNCIL MEETING February 10, 1975 Page Two INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 10, i975 - 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.Reverend Dear of the 'First Christian Church gave'the invocation. ROLL CALL Present: Councilmen Brown, Jennings, Mitchell, Pipitone'and Mayor Donohoo Absent: None CONSENT CALENDAR A-1 Minutes of the regular meeting of January 27, 1975 A-2 Minutes of the executive meeting of January 27, 1975 A-3 Expenditure Report, 1-16-75 to 1-31-75 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Resolution No. 7-75 approving amendment of lease with Brebes Morro Bay Fisheries, Inc. for Lease Sites No. 110W, 111W, and 112W; located north of South T Pier (Council previously approved in concept - RECOMMEND APPROVAL) A-6 Resolution No. 8-75 authorizing granting of lease to Morro Bay Marina, Inc. for Mooring Zone Al-4 (Council previously approved in concept - RECOMMEND APPROVAL) A-7 Resolution No. 9-75 approving assignment of Lease Site No. 18 from George F. Baier and Ronald L. Myers to Ronald L. Myers RECOMMEND APPROVAL) A-8 Resolution No. 10-75 approving grant of Use Permit to Kiwanis Club of Morro Bay -Estero for Annual Easter Sunrise Services RECOMMEND APPROVAL) A-9 Resolution No. 11-75 approving grant of Use Permit to Morro Bay Chamber of Commerce for City parking lot in P.G.&E. area - Oyster Festival (RECOMMEND APPROVAL) A-10 Resolution No. 12-75 approving amendment to sewage agreements at Morro Bay State Park and Atascadero State Beach regarding charges (RECOMMEND APPROVAL) A-11 Resolution No. 13-75 authorizing execution of the amended Crime Control Joint Powers Agreement (RECOMMEND APPROVAL) A-12 Resolution No. 14-75 adopting a Budget Calendar for 1975-76 Fiscal Year (RECOMMEND APPROVAL) A-13 Resolution No. 15-75 rescinding Resolutions No. 65-67, 88-72 and 33-73 and establishing a policy for attendance'at conferences, meetings and public hearings, and setting forth authorized ex- penses and allowances for travel and other expenses incurred on official business of the 'City of Morro Bay (Council previously approved in concept - RECOMMEND APPROVAL) MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - February 10, 1975 Page Two MOTION: Councilman Jennings moved for the approval of the Consent Calendar, Items A-1 through A-13, with'the understanding that approval means taking the 'action recommended by the City Administrator. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. HEARINGS,' APPEARANCES AND REPORTS B-1 Public Hearing on weed abatement Mayor Donohoo opened the hearing to 'the 'public at 7:35 p.m. and asked if anyone in the audience wished to be heard concerning the assessing of costs for weed abatement. No one spoke with regard to weed abatement charges and the hearing was closed at 7:36 p.m. MOTION: Councilman Mitchell moved that since there were no objections to the Weed Abatement Program, Staff be directed to handle it in the normal manner. The motion was seconded by Councilman Jennings and unanimously carried. UNFINISHED BUSINESS C-1 Resolution No. 16-75 adopting amendments to Refuse Contract Mr. Warden stated that there are two versions of the revisions to the garbage contract amendments; namely, Exhibit A, which reflects his understanding of the Council's intent in approving the rate increase and Exhibit B, which is the Garbage Company's version of such approval. The differences lie in application of the basic charge and in the special tag service. Mr. Warden stated that it was his understanding that the basic charge for collection of refuse includes one container, plus an equivalent, for rubbish. The Garbage Company, however, feels that the basic charge of $3.00, or $3.50 for sideyard pickup, is for one container with each additional container costing $1.50. A further disagreement is with regard to the charge for special tag service. Originally, there was a verbal agreement between the City and the Garbage Company for a special tag service of 50P. This was never a part of the original contract and Mr. Warden stated that he had incorporated that provision in the proposed amendments. The Garbage Company, however, feels that the 'fee should be 754 instead of 50C. If the Council agrees with the Garbage Company's version, it should adopt Exhibit B and make 'a decision as to the'special tag service; namely, whether the charge should be 50C or 75C. MOTION: Councilman Jennings moved that Council approve Exhibit B and matte it a part of the 'resolution amending the garbage contract. Mr. Brown asked if Mr. Wagner would like 'to comment about picking MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL - February 10,: 1975 up an extra bag of clippings 'during the month of October. Mr. Andre, representing Mr. and Mrs. Wagner and the'Garbage'Company, stated that they would be'reluctant to provide the twice'a year service, as they did not feel it necessary, but would provide it once a year in the Spring. The motion was seconded by Councilman Pipitone and unanimously carried. MOTION: Councilman Jennings moved that Resolution No. 16-75 be read by title only. The motion was seconded by Mayor Donohoo and unanimously carried. Mr. Warden read Resolution No. 16-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 16-75. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. Mr. Warden stated that this increase would take effect the first of March. C-2 Resolution No. 17-75. Resolution calling a public hearing to determine whet er public necessity, health safety, or welfare requires the formation of an underground utility district Mr. Warden stated that March 24, 1975, is the suggested date for a public hearing to determine the boundaries and necessity for the undergrounding of utilities in the downtown area. MOTION: Councilman Jennings moved that Resolution No. 17-75 be read by title only. Councilman Mitchell seconded the motion and it was un- animously carried. Mr. Warden read Resolution No. 17-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 17-75. The motion was seconded by Councilman Brown and unanimously carried. NEW BUSINESS None INDIVIDUAL DETERMINATION 'AND/OR 'ACTION E_1 City Council (1) Councilman Pipitone asked when the'City is going to enforce the Harbor Ordinance. Mr. Warden stated that citations are now being issued to those in violation of the Ordinance.' He added that since'thd'Harbor Ordinance was adopted, the EPA has changed its criteria of what will be 'permitted on boats with regard to holding tanks. MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL - February 10,. 1975 (2) Councilman Brown informed the the'process of making two of full-time basis so that viewers will be is being shown on Channels 9 and 10. E_2 City Attorney public that Cable TV is the networks operate on a noticing a difference in in what Mr. LeSage requested that Council adjourn to Executive Session to discuss possible litigation. E-3 City Administrator (1) Mr. Warden read the press release from the League of California Cities announcing the unanimous action by the Board of Directors of the League to oppose SB 275 (Dills). This legislation would grant public employees the right to strike and would allow outside arbitrators to make decisions concerning wages and other benefits of public employees. This would take the decision -making power out of the hands of locally elected officials and pass those decisions over to non -elected persons who are not responsible to the public. Councilman Mitchell stated that this was discussed at the last meeting of the Board of Directors of the League of California Cities in Long Beach. It was unanimously opposed by the 25 members at the meeting. MOTION: Councilman Mitchell moved that Council direct Staff to communicate its opposition to this bill to those appropriate people named in the League of California Legislative Bulletin. The motion was seconded by Councilman Jennings and unanimously carried. Mayor Donohoo suggested that each Councilman also write individually. ADJOURNMENT MOTION: Councilman Jennings moved that the Council adjourn to executive session for the purpose of discussing possible litigation. The motion was seconded by Mayor Donohoo and unanimously carried. The meeting adjourned to executive session at 8:08 p.m. and returned to regular session at 8:17 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 8:18 p.m. RECORDED BY: M. L. WARDEN City Clerk �.��� By' Barbara Finley Acting Clerk r] CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING January 27, 1975 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR NOTICE All matters listed under Item A, Consent Calendar, are con- sidered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar by a Council member and will be considered separately. Vote will be by roll call. A-1 Minutes of the regular meeting of January 13, 1975 A-2 Minutes of the adjourned regular meeting of January 14, 1975 A-3 Request of Citizens Tree Commitee to have commemorative bronze marker installed at base of tree located at intersection of Kern and Morro Bay Blvd. (RECOMMEND APPROVAL) A-4 Request of Ralph Gunther to add charter and party boat opera- tions to list of permitted uses on Lease Site No. 22, boatyard on Embarcadero (RECOMMEND REFER TO PLANNING COMMISSION) A-5 Claim of Oliver Vogt DBA Sunset Motel for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT) A-6 Claim of Robert Sherwin for sewer damages (RECOMMEND AUTHORI- ZATION FOR PAYMENT) A-7 Claim of Thelma I. Hird for sewer damages (RECOMMEND AUTHORI- ZATION FOR PAYMENT) A-8 Consideration of transfer of funds from reserve to pay for Water Quality Control Board requirements for monitoring effluent discharge (RECOMMEND AUTHORIZATION FOR TRANSFER) A-9 Expenditure Report, 1-1-75 to 1-15-75 (RECOMMEND APPROVAL) HEARINGS, APPEARANCES, AND REPORTS B-1 Report of City Administrator regarding ambulance subsidy UNFINISHED BUSINESS C-1 Consideration of bids for remodeling Fire Station No. 2 and Letizia office buildings C-2 Ordinance No. 131 - Refuse ordinance amendments - second reading C-3 Ordinance No. 132 - Underground Utilities ordinance amend- ments - second reading NEW BUSINESS D-1 Consideration of amendments to travel expense resolution changing from per diem rate to reimbursement for actual necessary expenses INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator Correspondence MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 27, 1975 - 7:30 p.m. Morro Bay Recreation Hall The meeting was called'to order at 7:30 p.m. by Mayor Donohoo. Mayor Donohoo introduced Reverend Paul Dear of the First Christian Church as the City Chaplain for the coming year. Reverend Dear gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of January 13, 1975 A-2 Minutes of the adjourned regular meeting of January 14, 1975 A-3 Request of Citizens Tree Committee to have commemorative bronze marker installed at base of tree located at intersection of Kern and Morro Bay Boulevard. (RECOMMEND APPROVAL) A-4 Request of Ralph Gunther to add charter and party boat operations to list of permitted uses on Lease Site No. 22, Boatyard on Embarcadero (RECOMMEND REFER TO PLANNING COMMISSION) A-5 Claim of Oliver Vogt DBA Sunset Motel for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT) A-6 Claim of Robert Sherwin for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT) A-7 Claim of Thelma I. Hird for sewer damages '(RECOMMEND AUTHORIZATION FOR PAYMENT) A-8 Consideration of transfer of funds from reserve to pay for Water Quality Control Board requirements for monitoring effluent discharge (RECOMMEND AUTHORIZATION FOR TRANSFER) A-9 Expenditure Report, 1-1-75 to 1-15-75 (RECOMMEND APPROVAL) MOTION: Councilman Mitchell moved for the approval of the Consent Calendar with the understanding that approval means taking the action re- commended by the City Administrator. The motion was seconded by Councilman Jennings and unanimously carried. HEARINGS, APPEARANCES AND REPORTS B-1 Report of City Administrator regarding ambulance subsidy. Mr. Warden informed the Council that tha'Board of Supervisors had approved subsidizing Bay Ambulance until May 1st at which time the County Medical Care'Committee is to come to the Board with re- commendations for a County-wide'approach'to franchising and subsi- 0 • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 27, 1975: Page Two dizing 'ambulance service.If Morro Bay goes along with the Board of Supervisors in this matter, the cost will be $896.30 monthly to the 'City. Mr. Warden recommended approval of this subsidy since the City does not have any other options at this time. MOTION: Councilman Jennings moved that the Council authorize $896.30 monthly subsidy to the Bay Ambulance until the County study is completed. The motion was seconded by Mayor Donohoo. There was further discussion on the motion. Councilman Pipitone asked what the ultimate cost to the City might be after a study is completed. Mr. Warden stated that there is no way of knowing at this time. It may be that the County will decide to provide ambulance service for the entire County by forming districts and payment would be made as a tax against property. Councilman Mitchell suggested that the motion be amended to set a time limit on the City's auth- orization for subsidy. Councilman Jennings amended his motion to read that the Council authorize $896.30 monthly sub- sidy to Bay Ambulance until May 12, 1975. The amendment was accepted by Mayor Donohoo and unanimously carried. UNFINISHEDG,BUSINESS C-1 Consideration of bids for remodeling Fire Station No. 2 and Letizia office buildings Mr. Warden stated that the City opened bids for the remodeling of both Fire Station No. 2 and the Letizia property on January 22, 1975. The low bid was received from Morro Bay Construction in the amount of $14,840. The next low bid was from Bud Frazier Construction in the amount of $14,993. The problem with the 'low bidder is that he did not comply with bid specifications by submitting his bid on the proper forms and supplying bonds. After consulting the City Attorney, it has been determined that the Council can still award the low bid to Morro Bay Construction if they comply with bid specifications by submitting their bid on the proper forms. This will enable the City to take advantage of the lesser cost. Morro Bay Construction has complied with this request and proper forms have been filed with the City which meet all City specifications. Also, the original City estimate .for the 'cost of these'improve- ments was $12,000, so authorization is needed to transfer the nec- essary funds if the Council wishes to award the bid to Morro Bay Construction. It is possible to bring the cost down by eliminating the interior finish to the Letizia garage, however, this is not recommended as the building is to be used on a year-round basis. Councilman Pipitone'asked what the'es'timated life expectancy of the use of these buildings is after the remodeling. Mr. Warden MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 27, 1975 Page Three stated that it would be approximately ten years, depending upon when the civic center plans. go into effect. MOTION: Councilman Jennings moved for the approval of the low bid of Morro Bay Construction in the amount of $14,840 and also approval of the transfer of the additional $2,840 needed to meet this expense. The motion was seconded by Councilman Brown. Mr. Warden stated that the Council needs to approve the entire transfer as this has not been done yet. Councilman Jennings amended his motion to approve the transfer of $14,840 to meet the costs of improvements to the Letizia building and Fire Station No. 2. The amendment was accepted by Councilman Brown and unanimously carried. C_2 ORDINANCE NO. 131 - Refuse ordinance amendments - second reading MOTION: Councilman Mitchell moved that Ordinance No. 131 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Ordinance No. 131 by title only. MOTION: Councilman Jennings moved that this con- stitute the second and final reading of Ordinance No. 131 and that it be adopted. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden informed the Council that he would be coming back with the actual contract amendments at the next Council meeting. C-3 ORDINANCE NO. 132 - Underground Utilities ordinance amendments - second reading MOTION: Councilman Jennings moved that Ordinance No. 132 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Ordinance No. 132 by title only. MOTION: Councilman Jennings moved that this con- stitute the second and final reading of Ordinance No. 132 and that it be adopted. The motion was seconded -by Councilman Brown and unanimously carried. NEW BUSINESS D-1 Consideration of 'amendments to travel expense 'resolution changing from per diem rate to reimbursement for actual necessary expenses u L] MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL - January 27, 1975 Mr. Warden stated that the 'Council has two alternatives to con- sider in amending the Travel Expense resolution. Exhibit A main- tains the present $35.00 per diem rate in addition to which an employee or official can claim additional funds if there is documented proof that they were necessary. Exhibit B provides' for actual expenses only. These also must be documented or certified by the employee or official. He -recommends approval of Exhibit B since this will enable an individual to recover all necessary expenses incurred on official business. Also, those not using the entire'$35.00 per day would not be pocketing any extra money not used in conducting official business. Mayor Donchoo stated that the Council's Finance Committee had also studied this matter and was recommending the .approval of Exhibit B. Council concurred and Staff was directed to prepare an amending resolution for Council adoption in accordance with Exhibit B. INDIVIDUAL DETERMINATION AND/OR ACTION E=1 City Council (1) Councilman Pipitone informed the Council that after the last Council meeting at the Vet's Hall regarding the monobuoy project, he had taken a random survey of individuals and asked them three questions to determine how they felt about various issues. Out of 131 people, the questions and answers were as follows: 1. How do you feel about the Nacimiento Water Project? 96 in favor 28 against 7 no comment 2. Should the City Council oppose the monobuoy in Estero Bay? 69 yes 48 no 14 no comment 3. What kind of job do you feel the Council, as a whole, is doing? 19 Good 81 Fair 31 Poor He felt that in talking with these 'people, the major problem is communications. He suggested that perhaps the City could put out a newsletter after City Councilmeetings and insert them in the water bills to advise the public what the Council is doing. (2) Councilman Pipitone'requested an executive session with the City Attorney and Personnel Officer to discuss personnel. (3) Councilman Jennings' made the following motion: • MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL - January 27, 1975 MOTION: Councilman Jennings moved that Council direct Staff to make the 'necessary 'arrangements to place on the May ballot, with the Nacimiento Water Project, the question "Do the 'voters of the City of Morro Bay approve'of the proposed monobuoy in Estero Bay; yes or no." This action would be conditional upon the 'actual decision by the Board of Supervisors as to. whether the ballot election is held in May, 1975. Councilman Jennings stated that he 'felt a measure of this nature will make the voice of the City heard very clearly by the Board of Supervisors when they make their decision on this matter. The motion died for lack of a second. (4) Councilman Brown asked that the Traffic Safety Committee look into the situation at the corner of Kern and Morro Bay Boulevard which he feels is hazardous. After discussion, Council- man Mitchell was delegated the task of reviewing this situation. Mr. Warden stated that statistics regarding traffic counts are available at City Hall, however, these surveys have not indicated that the corner in question is the most hazardous in Morro Bay. E=2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden stated that the Use Permit granted to the Morro Bay Art Association for the use of the City Park has in- correct dates with regard to Memorial Day. They requested May 30, June 1 and 2, and wish to have this changed to May 24, 25 and 26. MOTION: Mayor Donohoo moved for the approval of the change in dates on the Morro Bay Art Association Use Permit from May 30, June 1 and 2 to May 24, 25 and 26, 1975. The motion was seconded by Councilman Jennings and unanimously carried. (2) Mr. Warden informed the Council that a copy of the Nacimiento Water Supply Project proposed zone and map is on file at City Hall for Council and public review. (3) Mr. Warden stated that he had previously brought to' -the attention of the Council a proposal to join the County in the City's preparation of noise, safety and scenic highways elements of the General Plan rather than having our consultants, Owen Menard and Associates, prepare them. This would save the 'City approximately $1,509. Owen Menard and Associates are'agreeable; however, they wish a chance'to review and make recommendations after the completion of the element by Envicom to protect the 'City. Mr. Warden recommended that the'City contract with the'San Luis Obispo County and Cities Area Planning Coordinating Council for the preparation of these elements. There were no objections by Council and Mr. Warden was directed MINUTES - MORRO Regular Meeting Page Six to proceed. BAY CITY COUNCIL - January 27, 1975 (4) Mr. Warden stated that the next meeting of the League of California Cities; Channel Counties Division is to be held in Lompoc on February 14, 1975. He asked which Council members planned to go. Councilmen Brown, Mitchell and Pipitone indicated that they would attend with their wives. Mr. Warden stated that he would invite Mr. Braga and Mr. Nuzum to attend also. (5) Mr. Warden stated that he had received the Department of Transportation Status Report for funding of Supplemental Transportation Projects for 1975-76 fiscal year. Morro Bay's methane powered transit program is number 20 on the list. He also reported that he had been in contact with the Senate Committee on Interior and Insular Affairs regarding this project and hopes to hear something from that Committee soon regarding funding for this type of project. Cal Poly'is attempting'to obtain a research grant on this project, but that matter is still pending. The Urban Mass Transportation Administration has approved funds for the City's Dial -A -Ride system pending approval of the County Transit Plan. (6) Mr. Warden stated that the Council had previously approved negotiating a lease with Virg Moores for Lease Site No. 113W, a lease for which he currently holds a Use Permit. Originally, Mr. Moores had requested additional water area under a lease, however, now he wishes to have the same water area presently covered under the Use Permit. If Council has no objections, Mr. Warden will proceed to initiate a lease under that proposal. Council had no objections. (7) Mr. Warden reminded the Council that Form 720, Statement of Economic Interests, is due by February 6, 1975, in accordance with Proposition 9. CORRESPONDENCE None ADJOURNMENT MOTION: Councilman Jennings moved that the Council adjourn to executive session for the purpose of discussing personnel matters. The 'motion was seconded by Councilman Pipitone and unanimously carried. The"meeting adjourned to executive session at 8:15 p.m. and returned to regular session at 9:40.p.m. MOTION: Councilman Jennings moved that the meeting be adjourned. The -motion was seconded by Mayor Donohoo and unanimously carried. 11 MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL - January 27, 1975 The meeting adjourned at 9:42 p.m. RECORDED BY: M. L. WARDEN City Clerk By: Ardith Davis Deputy City Clerk MINUTES - MORRO BAY CITY COUNCI.L Adjourned'Regular Meeting January 14, 1975 7:30 p.m. Morro Bay Recreation Hall The 'meeting was called to order 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 Mayor Donohoo presented Mrs. Ruth Woll with a Certificate of Appreciation for her many years of service to the City of Morro Bay as a Planning Commissioner. HEARINGS, APPEARANCES AND REPORTS A-2 Offshore drilling proposals - San Luis Obispo County Coastal Area - continued Mayor Donohoo stated that the Council had agreed to consider supporting Congressman Talcott's efforts to designate certain areas off the California coastline as marine sanctuaries. Mr. Warden re- ported that Staff had contacted Talcott's office in San Luis Obispo about this matter and had secured copies of Title III of the Marine Protection, Research and Sanctuaries Act of 1972. The Act does not, however, have rules and regulations establishing what can or cannot be done in a marine sanctuary. MOTION: Councilman Mitchell moved that Council reaffirm its position in favor of the res- olution adopted at the Annual Convention of the League of California Cities entitled "Resolution opposing the proposal of the United States Department of Interior to drill new oil wells of the coast of Southern California." The motion was seconded by Councilman Pipitone and unanimously carried. A_3 Hearing on vehicle abatement Mr. Warden stated that the vehicles involved are a 1952 Ford Pickup and an Austin Station Wagon located at 1861 Sunset Avenue. The proper notifications have been made and it is in order for the Council to hold a public hearing and direct that the vehicles be dis- posed of in accordance with the ordinance. Mayor Donohoo declared the hearing open at 7:40 p.m. and called for presentations with regard to these vehicles. Mr. Warren Bebout, registered owner of the 1952 Ford and resident at 1861 Sunset Avenue, stated that the 'Austin Station Wagon has been removed and he is in the process of restoring the 1952 pickup. Council members asked Mr. Bebout how long he would be in restoring the vehicle and Mr. Bebout replied that it depended on time and 'money. MOTION: Councilman Mitchell moved that Council make'a finding that this is not an abandoned vehicle at this time and that the Chief of Police be' MINUTES - MORRO BAY CITY COUNCIL Adjourned''Regular Meeting January 14, 1975 - Page Two directed to report back in six months to Staff concerning the 'progress of the work being done'on the vehicle. The motion was seconded by Councilman Jennings and unan- imously carried. UNFINISHED BUSINESS B-1 ORDINANCE NO. 130'. Ordinance*amending animal control regulations second rea ing. MOTION: Councilman Jennings' moved that Ordinance No. 130 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Ordinance No. 130 by title only. MOTION: Councilman Jennings moved that this con- stitute the second and final reading of Ordinance No. 130 and that it be adopted. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. B-2 ORDINANCE NO. 131. Ordinance amending sections of the Refuse Ordinance Mr. Warden stated that the proposed ordinance does not implement the fee schedule, but merely corrects some terminology necessary as a result of Council's approval of Morro Bay Garbage Service's request. One of the changes implements the Council's approval of allowing curb - line and backyard service. The changes also prohibit the placing of garbage or rubbish containers in the street. MOTION: Councilman Jennings moved that Ordinance No. 131 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Ordinance No. 131 by title only. MOTION: Councilman Jennings moved that this constitute the first reading of Ordinance No. 131. The motion was seconded by Councilman Mitchell and unanimously carried. B_3 RESOLUTION NO. 1-75. Resolution amending a portion of Resolution No. 30-7 , Rules, Regulations, and Fees for the Mooring of Vessels at.Piers, Docks, and Offshore Moorings within the Corporate Limits of the City of Morro Bay Mr. Warden stated that the'Council had previously considered an interpretation of the rules and regulations with 'regard to a boat owner retaining use of his dock space for a certain period during which he may sell and acquire'a new boat. The 'proposed resolution implements a six month'timeperiod to allow a boat owner to accomplish this and is -in accordance with 'Council direction in this matter. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting January 14, 1975 - Page 'Three MOTION: Councilman Jenningsmoved that: Resolution No. 1-75 be 'read by title only.. The 'motion was seconded by Councilman Mitchell and unanimously carried. Mr. Warden read Resolution No. 1-75 by title'only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 1-75. The motion was seconded by Mayor Donohoo and unanimously carried. B-4 RESOLUTION NO. 2-75. Resolution adopting a consent calendar form of agenda for City Council meetings Mr. Warden explained that the Council had previously, at the suggestion of Councilman Mitchell, requested Staff to prepare a consent calendar form of agenda for Council meetings. The attached resolution and exhibits implement this request. MOTION: Councilman Mitchell moved that Resolution No. 2-75 be read by title only. The motion was seconded by Councilman Brown and unan- imously carried. Mr. Warden read Resolution No. 2-75 by title only. MOTION: Councilman Mitchell moved for the adoption of Resolution No. 2-75. The motion was seconded by Councilman Jennings and unanimously carried. B-5 RESOLUTION NO. 3-75. Resolution approving and authorizing exe- cution of Joint Powers Agreement between cities and county re- garding 911 Communications System Mr. Warden stated that the Council had previously approved participation in this program after a presentation by Mr. Kubly. The proposed resolution and attached agreement implements this approval. The only matter not known at this time is the cost of the program, but this will be on a proportional basis based on population and the Mayor will not sign the agreement until the costs are known. MOTION: Councilman Jennings moved that Resolution No. 3-75 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 3-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 3-75. The motion was seconded by Councilman Brown and unanimously carried. B-6 RESOLUTION NO. "4'-75. Resolution requesting the 'State Department of Transportation and the'Federal Highway'A'dministration to approve Federal Aid Urban Projects:for the Morro Bay Urban Area Mr. Warden explained that the FAU program provides monies to cities 6 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting January 14, 1975 - Page Four for street construction and repair, but requires'an allocation of 17.06% matching funds. The City of Morro Bay will have'available to it $106,88$ for.use over the next three years. The Public Works Director had recommended that the 'funds for next fiscal year be scheduled for the reconstruction of portions of Beachcomber Drive. Council had previously approved this as a priority project, however, if another project is entitled to a higher priority at the budget hearings in May, Council may change the designation for these monies. MOTION: Councilman Jennings moved that Resolution No. 4-75 be read by title only. The motion was seconded by Mayor Donohoo and unanimously carried. Mr. Warden read Resolution No. 4-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 4-75. The motion was seconded by Mayor Donohoo and unanimously carried. NEW BUSINES C-1 ORDINANCE NO. 132. Ordinance amending sections of the Under - grounding Or finance Mr. Warden explained that the proposed ordinance changes the terminology to include people in an underground utilities district if they are served and affected,aby the district. Previously, a re- sident could live outside the boundaries of a district and still be served by poles within the distrct, but not be considered as part of the district. MOTION: Councilman Jennings moved that Ordinance No. 132 be read by title only. The motion was seconded by Councilman Mitchell and unanimously carried. Mr. Warden read Ordinance No. 132 by title only. MOTION: Councilman Jennings moved that this constitute the first reading of Ordinance No. 132. The motion was seconded by Councilman Mitchell and unanimously carried by roll call vote. Councilman Jennings stated that upon adoption of this ordinance, a public hearing will be held regarding the forming of the district and all property owners involved will be notified. C-2 RESOLUTION NO. '5=75. Resolution approving grant of Use Permit Agreement to Morro Bay Art Association Mr. Warden stated that this is the Art Association's yearly request for use of the City Park over Memorial'Day, the Fourth of July, and Labor Day weekends. MOTION: Councilman Jennings moved that Resolution No. 5-75 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting January 14, 1975 - Page Five Mr. Warden read Resolution No. 5-75 by ti'tle'only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 5-75. The motion was seconded by Councilman Brown and unanimously carried. Council complimented the Art Association on the'fine'shows they put on. C-3 Consideration of letters requesting relief from City T Pier docking penalty fees Mr. Warden reviewed the provision of the Harbor Ordinance Rules and Regulations which states that the City T Pier shall be for trans- ient docking only and no boat can dock at the T Pier for a period ex- ceeding seven days in any one thirty day period in any one calendar year; except during June through November of each calendar year, vessels would be allowed to use the T Pier for a period of fourteen days in any one thirty day period. The cost for using the T Pier is free for the first forty-eight hours and 5C per foot overall length daily after that. The rules and regulations have had a six month phase -in period and that six months was up January-1, 1975, at which time violations of the rules and regulations are to be cited. Mr. Warden is in re- ceipt of letters from five boat owners docking at the City T Pier who are finding it difficult to find docking space elsewhere and have asked for various time extensions and waiver of the penalty fee (which is $5.00 per day after the seven days). These requests have been re- viewed by the Public Works Director and the Harbor Patrolman and they have recommended that the vessels Endeavor, Blue Eagle, Mary K, and Miss Peggy be exempted from paying the $5.00 per day penalty fee for the time period requested in their letters. The Harbor Patrolman has recommended disapproval of the request for a time extension to the vessel Lassie as it is a fire hazard and in very poor condition in addition to which the owner is in arrears in his dockage in the amount of $424.00 and has paid nothing on this bill for several months. MOTION: Councilman Jennings moved that Council waive the penalty fee of $5.00 per day for docking at the City T Pier for the period of time requested for the vessels Endeavor, Blue Eagle, Mary K and Miss Peggy; however, that the vessel, Lassie, be denied this extension. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden informed the Council that various boat owners were refusing to pay their mooring fees because they feel the Harbor Ordinance is unconstitutional. He will be bringing that matter back to the Council for their resolution at a later meeting. C-4 Request of Brebes Morro Bay Fisheries for amendment to Lease Sites No. 110, 111W, and 112W Mr. Warden informed the Council that the Coastal Commission has directed that a walkway be constructed around the proposed restaurant on this lease'site.' This means that the lease'needs to be amended to include a three'foot extension in order to allow this additional MINUTES - MORRO BAY CITY COUNCIL Adjourned -Regular Meeting January 14, 1975 - Page Six construction. He requested Council approval and direction to incor- porate'these'modifications into the existing lease. MOTION: Councilman Jennings moved for the approval of the three foot extension to Lease Sites No. 110W, 111W, and 112W and that Staff be directed to incorporate the' modifications into the existing lease. The motion was seconded by Councilman Pipitone and unanimously carried. C-5 Lease request for Lease Sites No. 35W and 36W - Orval Ledge Project Mr. Warden stated that Council's original approval of a lease for Mr. Ledge's project encompassed an area 300 feet long and 270 feet wide of water in front of his property. The Coastal Commission had approved the proposal of a marina,. wharf and docks to intrude into the bay no more than 150 feet from the shoreline and conditioned this approval on the marina portion of the project only being allowed for eighteen months and that an alternate site be provided within the City limits as the Coastal Commission did not feel that the Ledge location was appropriate for a permanent marina. They recommended that a Harbor Plan be developed for the City showing different locations for fac- ilities than presently exists. Mr. Ledge feels that it is economically infeasible for him to construct a marina and goerate it for only an eighteen month period as it would not allow him time to realize a return on his investment. He has, therefore, requested that Council allow him to lease only thirty feet of water which would allow him to install a bulkhead and wharf but would not permit any dock space except boats temporarily tying up parallel to his wharf. He would also like an option to pick up the balance of the lease site necessary to accommodate boat berthing facilities at a later date if the Coastal Plan is developed so as to allow him to build permanent facilities. Mr. Warden stated that the Council needs to decide, before approving granting a lease site to Mr. Ledge for less water area than originally granted, if building a wharf without docking facilities is a significant change from their original intent in granting Mr. Ledge a lease, should the lease'be permitted for only a wharf or require Mr. Ledge to lease fifty feet of water area to accommodate vessels tying to the wharf; or should Mr. Ledge be allowed water space for the wharf area as Phase 1 of a two phase project, with the second phase, the marina, being granted as'an option to Mr. Ledge.' MOTION: Mayor Donohoo moved that Council grant a fifty foot lease to Mr. Ledge as outlined in the City Administrator's memorandum. The motion was seconded by Councilman Jennings. Mr. Ray Gallo, representing Mr. Ledge,' stated that he 'concurred in Staff's recommendation, however, he'wished Council -to also leave an option open to Mr. Ledge for obtaining a lease'on the remaining portion of the water area at a later date should the Coastal Plan ultimately enable 'him to construct permanent docks. Mr. Richard Rice 'stated that he felt there'is 'a change'in use in this request, since'Council's original granting of the 'lease was 0 . • MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting January 14, 1975 - Page Seven for the'construction of docks and this will not be 'accomplished in the present request before Council. 'He suggested that Council refer the matter to the Planning Commission for their consideration. There 'was considerable discussion on this matter with Mr. Warden stating that in talking with'the'Coastal Commission, they do not feel Council approval of a fifty foot lease is a change in use.' His recommendation for leasing fifty feet of water area to Mr. Leage is based on the condition that Council finds there is no significant change in use for this lease site. The motion was unanimously carried. C-6 Gasoline supplies for 1975 - No bid received Mr. Warden stated that as a consequence of the fuel shortage last year, the City was unable to obtain bids from any suppliers of gasoline for City vehicles. Sunland Oil Company did continue_ to supply the City with gasoline during 1974 on a month -to -month basis and has agreed to do the same during 1975. Unless Council has any objections, this is the way Staff plans to handle it for 1975. C-7 RESOLUTION NO. 6-75. Resolution approving bid for annual chlorine purchase Mr. Warden stated that there were only two bids for this item as, suppliers are concerned about the availability of chlorine during the coming year. , MOTION: Councilman Jennings moved that Resolution No. 6-75 be read by title only. The motion was seconded by Mayor Donohoo and unanimously carried. Mr. Warden read Resolution No. 6-75 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 6-75. The motion was seconded by Councilman Brown and unanimously carried. C-8 Claim of Frances Bonaventure for damages Mr. Warden stated that this claim involved an injury in front of Rexall Drug Store with the claimant claiming damage due to tripping on defective sidewalk. In accordance with the City's procedure, it is in order for the Council to deny the claim so that the matter can be turned over to the City's insurance carrier for handling. MOTION: Mayor Donohoo moved that the claim of Frances Bonaventure for injuries sustained be'denied. The'motion was seconded by Councilman Jennings and unanimously carried. INDIVIDUAL DETERMINATION AND/OR 'ACTION D_1 City Council (1) Councilman Jennings requested that the 'Council consider MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting January 14, 1975 - Page Eight reactivating the 'Harbor Committee for the'purpose'of investigating areas to establish more boat slips, .,looking into cbmmercial fishing off-loading facilities, places to put transient vessel's, discuss ves- sels under construction, inves'tigate'the'possibility of the South T Pier being removed and more slips put in, etc. Mayor Donohoo referred this suggestion to the Public Works Committee consisting of Councilmen Jennings and Pipitone: D_2 City Attorney (1) Mr. LeSage stated that February 6, 1975, is the deadline for submitting form regarding conflicts of interest in accordance with Proposition 6. D-3 City Administrator (1) Mr. Warden informed the Council that the Intensity of Development Plan Element of the Coastal Plan is on file at City Hall for public review. The hearingL on this element will be held on January 16, 1975, in the Board of Supervisors chambers in the Courthouse Annex. (2) Mr. Warden presented the Expenditure Report for the period December 16 through 31, 1974, for the consideration of Council. MOTION: Mayor Donohoo moved for the approval of the Expenditure Report for the period December 16-31, 1975. The motion was seconded by Councilman Jennings and unanimously carried. (3) Mr. Warden presented the Financial Report for the period Council. July 1 through November 30, 1974, for the consideration of MOTION: Councilman Jennings moved for the approval of the Financial Report for the period July 1 through November 30, 1974. The motion was seconded by Mayor Donohoo and unanimously carried.. CORRESPONDENCE 1. Invitation to the open house of the Housing Authority's Senior Citizen Development at the Anderson Hotel Apartments on Sunday, January 19, 1975. 2 Letter from Sandy Munro, President, Commercial Fishermen's Organization, notifying the Council of contacts during his absence. 3. Notification from the County Air Pollution Control Distrct that a mobile air quality monitoringvan will be in Morro Bay during the week of January 13; 1975.' 4. Letter from the 'State 'Transportation Board inviting the City Administrator to attend the'California Transportation Leader People to People 'Delegation for 1975. • 0 MINUTES - MORRO BAY CITY COUNCIL Adjourned -Regular Meeting January 14, 1975 - Page Nine MOTION: Mayor Donohoo moved that the correspondence' be filed. The motion was seconded by Council- man Mitchell and unanimously carried. ADJOURNMENT MOTION: Mayor Donohoo moved that the meeting be adjourned. The motion was seconded by Councilman Jennings and unanimously carried. The meeting adjourned at 9:01 p'.m. RECORDED BY: M. L. WARDEN City Clerk By: /Q� Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING January 13, 1975 7:30 p.m. Morro Bay Recreation Hall NOTE: Meeting will adjourn to the Veterans Hall, 209 Surf, Morro Bay, at 7:35 p.m. Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Minutes of the regular meeting of December 23, 1974 2. Minutes of the executive meeting of December 23, 1974 HEARINGS, APPEARANCES AND REPORTS A-1 Monobuoy presentation and discussion a. Mr. Bryce Tingle - San Luis Obispo County Environmental Coordinator b. Walter H. Putman - California Fish and Game Department C. Standard Oil Company d. Don't Ruin Our Coast representative e. Individual public comments A-2 Offshore drilling proposals - San Luis Obispo County Coastal Area NOTICR The following normal business will be considered after the above discussions if time permits. Council will adjourn to meet at the Recreation Hall on Tuesday, January 14, 1975, at 7:30 p.m. to complete any unfinished portion of the agenda. A-3 Hearing on vehicle abatement UNFINISHED BUSINESS B-1 Ordinance No. 130 - Ordinance amending animal control regula- tions -second reading B-2 Proposed ordinance amending Refuse Ordinance B-3 Proposed resolution amending portions of the Harbor Ordinance rules and regulations B-4 Proposed resolution adopting a consent calendar form of agenda B-5 Resolution approving and authorizing execution of Joint Powers Agreement between cities and county regarding 911 communcations system B-6 Proposed resolution requesting approval for Federal Aid Urban projects NEW BUSINESS C-1 Proposed ordinance amending the Underground Utilities Ordinance C-2 Resolution approving grant of Use Permit to Morro Bay Art Association for use of the City Park C-3 Consideration of letters requesting relief from City T Pier docking penalty fees C-4 Request of Brebes ?<M-:: B-'•Fishdr.ies•s for amendment to Lease Sites No. 110W, 111W, and 112W C-5 Lease request for Lease Sites No. 35W and 36W - Orval Leage project AGENDA - CITY COUNCIL MEETING January 13, 1975 C-6 Gasoline supplies for 1975 - No bid received C-7 Resolution approving low bid for annual chlorine purchase C-8 Claim of Frances Bonaventure for damages INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator Correspondence • i MINUTES - MORRO BAY Regular Meeting January 13, 1975 7 Morro Bay Recreation CITY COUNCIL 30 p.m. Hall The meeting was called to order at 7:30 p.m, by Mayor Donohoo. ROLL CALL PRESENT: Councilmen Brown, and Mayor Donohoo ABSENT: None Jennings, Mitchell, and Pipitone, MOTION: Councilman Jennings moved that the meeting adjourn to the Veterans Hall in order to accommodate the large crowd expected at this evening's meeting. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned to the Veterans Hall, 209 Surf Street at 7:31 p.m. and returned to session at 7:40 p.m. Mayor Donohoo called the meeting to order with the Pledge of Allegiance. Reverend Paul Dear of the First Christian Church 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 23, 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 Monobuoy presentation and discussion a. Mr. Bryce Tingle - San Luis Obispo County Environmental Coordinator Mr. Tingle informed the Council that the County of San Luis Obispo is the lead agency responsible for the preparation of the Environmental Impact Report on the application for a Conditional Use Permit that Standard Oil has filed with the County for the install- ation, in Estero Bay, of a monobuoy with storage'facilities and pipeline. He stated that Standard Oil is paying the costs involved in the preparation of the EIR and it is anticipated that the draft will be ready by February 1, 1975 for public review and comment. After the sixty or ninety day review period, a final EIR will be prepared including the 'comments of the 'County Planning Commission and the County Board of Supervisors. They will then take 'action on the adequacy of the EIR; that is, does the EIR answer all questions required by the law? MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 13, 1975 Page Two If the Board of Supervisors certifies that the EIR is adequate and is complete in accordance with State'guidelines, the EIR will become the official document to be reviewed by lead agencies in their consideration of the Conditional Use Permit. It was emphasized that certification of the adequacy of the EIR does not approve the project; it means that the'questions required to be answered by the Environ- mental Impact Act have been answered and consideration of Conditional Use Permit is in order. As far as action by the City of Morro Bay on the Conditional Use Permit, they can address themselves only so far as the project actually enters the City limits of the City of Morro Bay. There is some 200 to 300 feet of pipeline that will go through the juris- diction of Morro Bay, and hearings will be held on that. However, comments of the EIR and project as a whole should be made during the draft EIR review process and will be included in the final EIR. Councilman Mitchell stated that he wanted it made clear that the Council could take a stand in favor or opposition to the monobuoy. The stand would express an opinion of the Council, but have no legal and binding effect. b. Inspector Walter H. Putman, California Fish and Game Department Inspector Putman stated that he would address himself to the affect of oil on the marine environment. He proceeded to cite figures regarding past oil spills and addressed himself to the Standard Oil spill in Santa Barbara in 1969. The State of California sued Standard Oil for $550,000,000 and settled for $4,000,000, since the State was unable to show evidence of damage to justify the $550,000,000 suit. He said that there were losses to the marine and animal wildlife, however, the losses weren't as great as thought to be by many people. He discussed oil spill plans for the California coastline and stated that there will be drills so that it can be determined if cities and counties have effective plans for cleaning spills in the event they occur. C. Standard Oil Company Mr. Steve Knox, representing Standard Oil Company, was present to discuss some of the details of the project. He explained that the oil transported through Estero Bay via a monobuoy would be sent by pipeline to the Richmond refinery in the San Francisco Bay area. They are proposing this project in anticipation of their 1985 needs. Mr. Knox described the monobuoy facility and the ships that would be used to transport the oil showing slides to illustrate his points. The present facility in Toro Canyon would be'relocated further back from the highway where it will not be visible. He explained the pre- ventative measures to betaken in case of an oil spill; i.e., leak detection system, complying with.Federal regulations for oil spills, booms to close the mouth of Morro Bay Harbor to prevent oil from entering in the case of a spill, an oil spill skimming device, etc. Mr. J. F. Mayer, Project Manager for Standard Oil, explained MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL - January 13, 1975 the site selection process to the 'Council and public. Twenty-eight sites along the Pacific coast were looked into and Mr. Mayer ex- plained why they are not as 'suitable'as'Estero Bay for a monobuoy site. Estero Bay was chosen because it is within economic pipeline distance, because of its physical contours, it is aesthetically acceptable, undeveloped isolated property is available, it is con- sistent with Coastal Plan objectives, it will preserve'open space, the seismology is favorable and it has pipeline 'access. The affects on the community would mean jobs during construction and additional tax revenue to the County. Mr. Mayer stated that their project was directed towards pro- tecting the environment. He also stated that Standard Oil has no plans to build a refinery at Estero Bay.' in order to secure a Conditional Use Permit for the monobuoy project, Standard Oil must secure permission from the County and other agencies including an offshore lease from the State Lands Commission; review of the project will be made by the Coastal Commission and Corps of Engineers. RECESS 9:25 p.m. RECONVENED 9:35 p.m. d. Don't Ruin Our Coast representative Mr. Gene Shelton, representing DROC, stated that the purpose of DROC is to support opposition to the super tanker port construction in Estero Bay. It is the feeling of DROC that the super tanker port satisfies an economic need of Standard Oil but does not satisfy the needs of citizens along the coast. There is no guarantee that no damage from an oil spill will occur, despite the preventative equip- ment and an oil spill could cause irreparable damage to the City of Morro Bay's tourist economy and ecology. Additionally, the port will be right in the middle of commercial salmon fishing areas. Mr. Shelton pointed out that with the huge super tanker port, 270 times more oil could be released than was spilled at Santa Barbara in 1969. He said that there is no proof that the Standard Oil safety devices can contain an oil spill. He stated that a major oil spill has occurred once every two weeks during 1974 and cited some of these spills and the magnitude of their damage. There was a question period by Council members of the speakers heard so far. Mayor Donohoo opened the floor for comments from the public at 10:10 P.M. Jaiie'Orvis spoke in opposition to the monobuoy project and showed some slides of the'Santa Barbara oil spill in 1969. She urged the Council's opposition to this project. Mr. Lowery of Cayucos spoke in opposition to the monobuoy and cited legislation which 'does not provide for the maximum protection from oil spills with'regard to the construction of the ships. Ron Gieger spoke in opposition to the project urging the 'Council to weigh the advantages and disadvantages in order to come'to a conclusion. If Standard'Oil would consider a discount to the residents of this County on their gasoline purchases, MINUTES MORRO Regular Meeting Page Four BAY CITY COUNCIL - January 13, 1975 perhaps that would be'enough'of an advantage to make the project worth- while to the'community. Mr. Bud Meyer, representing the Morro Coast and Paso Robles Audubon Associations and the California Native Plant Organization spoke in opposition to the"monobuoy project as did Mr. Ray Braken representing the Santa Lucia Chapter of the Sierra Club. Mr. John Forester, Director of the Environmental Center in San Luis Obispo, spoke against the project stating that its development is not in the best interests of the community. He suggested establishing, first, a National Energy Policy and that the Council adopt a resol- ution in opposition to the project for environmental reasons. Mr. Willard McGonagill, representing Morro Bay Tomorrow, expressed their opposition to the monobuoy project because of its serious en- vironmental threat, its potential for the irreversible loss of natural resources, of unspoiled scenic beauty and inducing growth in terms of industrialization. The only advantage is the economic gain to Standard Oil. They feel that the project will ruin the community's tourist and fishing industry and way of life. Dudley Johnson spoke in opposition to the project stating that the people have to take the responsibility and speak up for the country's marine and plant life. Harold Wieman spoke of the distrust of the petroleum industry and suggested that they take a period of time to build up trust in their industry by constructing their tankers so that they do not break up in violent storms, stop illegal dumping of bilges, try and go a whole year with no super tanker running aground, etc. Comments in opposition to the super tanker port were heard from Mr. and Mrs. Valisan. Mr. Valisan spoke of the distrust of the oil companies and the politicians. Mr. Dick Sylvester, Vice President of the Commercial Fisherman's Organization, stated that they have not taken an official stand on the project yet, but plan to at their next meeting and will forward their considerations to the Council. He was concerned about the 1/2 mile of salmon fishing area the super tankers would occupy. Mr. Gordon Smer, Mr. Steven Holders and Mr. Vince Makel also spoke in opposition to the project. Ms. Marcel Bakula, representing the Central Coast Times, spoke in opposition to the project and of the distrust of reports prepared to evaluate various projects. RECESS 11:35 p.m. RECONVENED 11:40 p.m. Mr. Ernest Porter spoke'in favor of the proposed project stating that it will be safer than Standard oil's present moorings. Mr. Ed Ewing also spoke in favor of the project citing the increased revenue to the County. Cathaleen Jones, a citizen of the South County area, stated that the people in the South County will support the Council in their opposition to this project. Neil Kline and Vernon Crass spoke in favor of the project with Mr. Crass suggesting that the Council defer action until after review of the EIR for the project. Mayor Donohoo turned the 'matter over to Council discussion at 12:00 a.m. Councilman Mitchell stated that the 'Council had previously de- termined that they would hold these meetings for the purpose of taking a position with'res'pect to this issue and made the following motion: MINUTES--•MORRO Regular Meeting Page Five BAY CITY COUNCIL - January 13, 1975 MOTION: Councilman Mitchell moved that the City Council, as a matter of policy, adopt a position that it is opposed to the'concept of a monobuoy. Councilman Pipitone asked the City Attorney to clarify the Council's right to take a stand at this time without having reviewed the EIR. Mr. LeSage stated that it is all right for the Council to take a stand on the issue as long as they did not address themselves to the EIR. Councilman Pipitone seconded the motion. Mayor Donohoo, Councilmen Jennings and Brown were not in favor of the motion as they wished to review the EIR before coming to a decision. Councilman Mitchell stated that since the EIR will not approve or disapprove the project but merely answer questions as to the environmental impact of the project and any action on the EIR will only be as to its adequacy and whether or not it complies with State guidelines, Council taking a stand on the issue itself is in order at this time. The motion failed on the following roll call vote: AYES: Councilmen Mitchell and Pipitone NOES: Councilmen Brown, Jennings, and Mayor Donohoo Mr. Tingle from the County's Planning Department assured the Council that the meeting had been most informative and he had taken considerable notes to be included in the draft EIR for this project. It was noted that Council can again discuss this matter and take a stand after reviewing the EIR. A=2 Offshore drilling proposals - San Luis Obispo County Coastal Area Mr. Warden stated that he had spoken with Mr. Manning of the West Coast Oil and Gas Association, Mr. Shanbeck of the 0. S. Coast and Geodetic Survey Agency, and Mr. Grant of the U. S. Bureau of Land Management regarding any proposals for off -shore drilling in the San Luis Obispo County area. Presently, there are no plans for Off- shore drilling in this area up to the year 1978. He was assured by the various agencies contacted that if any proposals were made, a full process of public hearings and EIR procedures would have to be followed. Therefore, the representatives had declined to make pre- sentations at this meeting since there is no issue to discuss. Mr. Joseph Giannini was present to speak on the off -shore drilling matter but prefaced his remarks on this subject by expressing his dis- appointment in the 'action of the Council of .the monobuoy issue. Mr. Giannini spoke of the'deteriorating.affect of oil on the ocean floor caused by off-shore'drilling. He suggested that Council support legislation introduced by Congressman Talcott to designate Monterey Bay; the coastal areas of Santa Cruz, Monterey and San Luis Obispo Counties, certain portions of the tidelands, Outer Continental Shelf and seaward MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL - January 13, 1975 areas as marine sanctuaries. Councilman Mitchell stated that the League of California Cities at their annual convention had passed a resolution opposing the proposal of the U. S. Department of Interior to drill new oil wells off the coast of Southern California and another resolution declaring opposition to the proposed offshore oil leases in federally controlled Southern California waters. Councilman Jennings stated that he would like to read the bill proposed by Congressman Talcott before taking action on it. It was noted that there is no -bill at this time; Mr. Giannini was requesting Council support of Talcott's proposal. MOTION: Councilman Jennings moved that Council adjourn to Tuesday, January 14, 1975, at the Morro Bay Recreation Hall at 7:30 p.m. Councilman Mitchell asked that the motion include that the first item on the agenda would be consideration of taking a stand in sup- port of Congressman Talcott's efforts to pass legislation creating marine sanctuaries. Councilman Jennings amended his motion to include that the first item on the agenda be the consideration of supporting Congress- man'Talcott's efforts to create marine sanctuaries. The motion was seconded by Councilman Mitchell and unanimously carried. The meeting adjourned at 12:35 p.m. to Tuesday, January 14, 1975, at 7:30 p.m. at the Morro Bay Recreation Hall. RECORDED BY: M.L. WARDEN City Clerk By: �2CLG�C �7 Ardith Davis Deputy City Clerk