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,
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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
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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
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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
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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
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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
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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
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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