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HomeMy WebLinkAboutJanuary to December (6)NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Tuesday, December 28, 1976, at 6:00 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider applicants for Planning Commissioner. DATED: December 22, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California B . L. WARDEN, City Clerk 0 0 MINUTES ^ MORRO BAY CITY COUNCIL Special Meeting December 28, 1976 6:00 p.m. City Hall Conference Room The meeting was called to order at 6:00 p.m. by Mayor Mitchell. PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None Mayor Mitchell stated that this meeting was called to interview applicants for the position of Planning Commissioner created by the expiration of the term of Mrs. Vivian Doubledee. Council members interviewed Vivian Doubledee, Michael Rietkerk, and June Hofstead. There was discussion with regard to the applicants interviewed. MOTION: Mayor Mitchell moved that June Hofstead be selected for the position of Planning Commissioner with the City of Morro Bay. The motion was seconded by Councilman Shelton. There was further discussion on the motion. The motion was unanimously carried. MOTION: Councilman Pipitone moved that the meeting be adjourned to Saturday, January 8, 1977, at the City Hall Conference Room for the purpose of interivewing applicants for Fire Chief. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 7:30 p.m. Recorded by: M. L. WARDEN, City Clerk " • i NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, December 27, 1976, at 7:30 p.m., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the 'request of Morro Bay Taxi to increase their rates from $1.00 flag drop for 1/2 mile and $.84 a mile thereafter to $1.00 flag drop with 1/4 mile and $1.05 a mile 'thereafter; at which said hearing any person interested may appear and express his views for, against, or in modification of said request. DATED: December 10, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California Bjf VM. L. WARDEN, City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, December 27, 1976, 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 W. Reamer and Monty L. Red from Planning Commission denial of request for Negative Declaration Status on a 24-unit development at the North-East corner of Zanzibar and Main Street, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against, or in modification of said appeal. DATED: December 10, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M.q/L-.ARDEN, City Cler CL n LJ CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL December 27, 1976 Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call Appearance of Mary Cronin, Secretary, Morro Bay Centennial Stairway Committee, for presentation of check CONSENT CALENDAR A-1 Minutes of the regular meeting of December 13, 1976 A-2 Minutes of the executive meeting of December 13, 1976 A-3 Expenditure Report, 12-1-76 to 12-15-76 (RECOMMEND APPROVAL) A-4 Financial Report, 7-1-76 to 11-30-76 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 Resolution No. 83-76 of intention to vacate a portion of Easement No. 133 across Lot 1, Block 20y Morro Del Mar Subdivision No. 2 and setting date for hearing (RECOMMEND ADOPTION) HEARINGS,_.APPEARANCE AND REPORTS B-1 Public hearing on Morro Bay Taxicab request to increase rates C-1 Resolution No. 85-76 authorizing granting of lease to Morro Bay Yacht Club for Lease Sites No. 5, 6, and 7 C-2 Resolution No. 86-76 authorizing granting of lease to Morro Bay Yacht Club for Mooring Zone Al-3 C-3 Consideration of Sketch Plan - continued C-4 Council comments regarding proposed Safety Center C-5 Resolution No. 84-76 opposing the location of a proposed super- tanker port and related facilities in the San Luis Obispo County area C-6 Reconsideration of Community Development Block Grant application C-7 Approval to purchase Southern California Gas Company property next to Fire Station NEW BUSINESS D-1 Consideration of contracts for Area Council Transit Manager and Senior Steno Clerk INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINTUES - MORRO BAY CITY COUNCIL Regular Meeting December 27, 1976 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None Mayor Mitchell stated that Mary Cronin of the Morro Bay Centennial Stairway Committee, was supposed to make a presentation this evening, however, she is ill and the presentation will have to be postponed. CONSENT CALENDAR A-1 Minutes of the regular meeting of December 13, 1976 A-2 Minutes of the Executive meeting of December 13, 1976 A-3 Expenditure Report, 12-1-76 to 12-15-76 (RECOMMEND APPROVAL) A-4 Financial Report, 7-1-76 to 11-30-76 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 Resolution No. 83-76 of intention to vacate a portion of Ease- ment No. 133 across Lot 1, Block 20, Morro Del Mar Subdivision No. 2 and setting date for hearing (RECOMMEND ADOPTION) Mayor Mitchell reviewed all items on the Consent Calendar. Items of correspondence contained a letter from Robert and Rhoda DeSomer commending the Morro Bay Police Department, a letter from the Housing Authority of the City of San Luis Obispo regarding the Housing Assis- tance Program, a resolution from the City of San Luis Obispo opposing a supertanker port in the Central Coast area, a letter from the Envi- ronmental Center of San Luis Obispo County thanking the Council for establishing a recycling center, a letter from the General Services Administration informing the City that it will be advised after February 3, 1977, if it can apply for Camp San Luis Obispo property, and a resolution from the City of Livingston regarding illegal aliens. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-6, 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, APPEARANCESAND REPORTS B-1 Public hearing on Morro Bay Taxicab request to increase rates Mayor Mitchell stated that the Morro Bay TAxicab is requesting to increase their rate from $1.00 flag drop for 1/2 mile and $.84 a mile thereafter to $1.00 flag drop with 1/4 mile and $1.05 a mile thereafter. A review by Staff indicates that this request is in line with rates presently being paid in this area. The request is being made because of the rise in costs and 100% rise in insurance premiums. Mayor Mitchell opened the public hearing at 7:35 p.m. and asked if there were any comments from the public with regard to this 0 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 27, 1976 Page Two request. As there were no comments, the hearing was closed at 7:36 p.m. MOTION: Councilman Pipitone moved that the Morro Bay Taxicab request to increase rates to $1.00 flag drop with 1/4 mile and $1.05 a mile thereafter be approved. The motion was seconded by Councilman Shelton and unanimously carried. UNFINISHED BUSINESS C-1 Resolution No. 85-76 authorizing granting of lease to Morro Bay Yacht Club for Lease Sites No. 5, 6, and 7 MOTION: Councilman Brown moved that Resolution No. 85-76 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 85-76 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 85-76. The motion was seconded by Councilman Shelton and unanimously carried by roll call vote. C-2 Resolution No. 86-76 authorizing granting of lease to Morro Bay Yacht Club for Mooring Zone Al-3 MOTION: Councilman Brown moved that Resolution No. 86-76 be read by title only. The motion was seconded by Councilman Rowland and unanimously carried. Mr. Warden read Resolution No. 86-76 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 86-76. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. C-3 Consideration of Sketch Plan - continued Mayor Mitchell stated that the Council had discussed this at the last Council meeting and several items had been unresolved, namely the Agricultural Land Use, the Heavy vs. Light Industry for the P. G. & E. area, and the Tourist Commercial Classification. He asked Owen Menard if he had any comments at this time. Mr. Menard presented a map with an overlay of the Planning Commission recommenda- tion so that the Council could see the effect of the Planning Commission's actions. Ron Smothers of Owen Menard & Associates, explained the consul- tants rational for recommending changing the P. G. & E. area from Heavy to Light Industry. They felt that this gave the City the option to have a lighter use in that area if, at some time in the future, P. G. & E. ever ceases to exist at its present location. There was considerable discussion about all three areas of con- flict. Tina Berquist, representing P.G. & E.., stated that they were against rezoning the'P.G. & E. area from Heavy to Light Industry and rezoning the Lila Keiser Park to Parks. _She pointed out that P:G. & E. MINUTES MORRO BAY CITY COUNCIL Regular Meeting December 27, 1976 Page Three policies are such that it cannot hold onto land that has no potential for development by them. There was discussion with regard to these objections by P.G. & E. and Council felt that the Park designation on Keiser Park could be changed to accommodate P.G. & E. Mayor Mitchell thought that -the - Light Industry designation on the P.G. & E. property should stay, however, the definition of the zone could include the exception that as long as P.G. & E. was there, they would not be treated as a regular non -conforming use; in other words, they would not have to come to the Planning Commission for variances for improvements, etc. It was also pointed out that the light industry definition could include the boat building projects currently being conducted on Quin- tana Road. MOTION: Mayor Mitchell.moved that the zoning on the P. G. & E. area and Quintana Road where boat building projects were being conducted be Light industry as recommended by the consultants with the provision that the P. G. & E. use would not be considered non -conforming and they would not have to go through the variance proce- dures for improvements, etc. There was further dicussion with regard to the boat building projects. Mayor Mitchell amended his motion to include that the boat building use currently on Quintana Road be included in the definition of Light Industry. Ms. Berquist maintained that P. G. & E. objected to the rezoning of Light Industry on their property. The motion failed for lack of a second. Councilman Shelton felt that this matter needed further study between the Council and Planning Commission and suggested that a joint study session be scheduled to specifically discuss the Sketch Plan. Councilman Pipitone was of the opinion that considerable time had already been spent by both the Planning Commission and the City Council on this Plan and it was now time to make some decisions. He felt the Council had had enough time to study the Plan and should be able to make some decisions this evening. Councilman Rowland agreed. MOTION: Councilman Shelton moved that Council have a joint study session with the Planning Commission to discuss the Sketch Plan. The motion was seconded by Councilman Brown and carried on the following roll call vote: AYES: Councilmen Brown, Rowland and Shelton NOES: Councilman Pipitone and Mayor Mitchell Council set Thursday, January 13, 1976, at 7:30 p.m. in the Recreation Hall to continue discussing this matter. RECESS 9:13 p.m RECONVENED 9:26 p.m. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 27, 1976 Page Four C-4 Council comments regarding proposed Safety Center Mr. Warden informed the Council that consideration of this item is not necessary since he had received a letter today from the Department of Commerce informing the City that the application for a grant for a Public Safety Building had been rejected. This item was the lowest priority of the projects submitted for the Public Works Grant, so the City is hopeful that one of the other projects might be selected for funding. Mr. Warden would, however, like to hear Council comments with regard to the plans for the Safety Center. Councilman Brown asked about the communications system and Mr. Warden pointed it out to him. The City Council had no other comments for changes to these plans. C-5 Resolution No. 84-76 opposing the location of a proposed supertanker port and related facilities in the San Luis Obispo County area Mayor Mitchell stated that Councilman Shelton had requested that this resolution be prepared for Council consideration. It was requested that the Resolution be read in its entirety. Mr. Warden read Resolution No. 84-76 in its entirety. MOTION: Councilman Shelton moved for the adoption of Resolution No. 84-76. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. C-6 Reconsideration of Community Development Block Grant application Mr. Warden reviewed the application and the projects being applied for. This matter had been presented to the Council at their last meeting and, subsequently to the Planning Commission. MOTION: Councilman Brown moved that Staff proceed with the application for a Block grant. The motion was seconded by Councilman Shelton and unanimously carried. C-7 :Approval to purchase Southern California Gas Company property next to Fire Station Mr. Warden stated that this property is the small piece directly west of the present Fire Station and is the last piece needed to com- plete the City's ownership of property in the Civic Center area. An appraisal was made and a price of $6900 agreed upon for purchase of this property. He requested Council approval of this and $250 for escrow and closing costs. MOTION: Councilman Brown moved that Staff be directed to proceed with the purchase of the property next to the Fire Station from Southern California Gas Company and that $7150 be transferred from the Land/Building Reserve to cover the purchase and escrow costs. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. NEW BUSINESS D-1 Consideration of contracts for Area Council Transit Manager and Senior Steno Clerk MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL December 27, 1976 Mayor Mitchell stated that these contracts were approved last year by Council and funds had been budgeted to cover the costs. MOTION: Councilman Brown moved for the approval of the contracts with employees of the Area Planning Coordinating Council. The motion was seconded by Mayor Mitchell and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Shelton reported that he had received calls, and investigated personally, oil on the beach. He requested that the Coast Guard be asked to investigate the cause. Mr. Warden stated that this would be.done. (2) Councilman Shelton stated that he had received several calls opposing the closing of the road through the Golf Course. He thought that perhaps State Park officials should be contacted and consideration given to other alternatives to solving the occurrences of vandalism which has been given as the reason for closing the road. Other Council members indicated that they also had received calls regarding this and Mayor Mitchell felt that at the very least, the Department of Parks and Recreation should have contacted the local agencies for their reactions before arbitrarily closing a road that had been used by the citizens for so many years. Mike Benson spoke against the proposed closing of the road. Mr. Warden stated that he had suggested that people write their assemblyman about this and said that he could do the same on behalf of the City Council. In fact, the City could remind the State Parks people that they depend on the City for services such as police and fire protection. MOTION: Mayor Mitchell moved that Council go on record asking the State Parks people to reconsider their decision to close the road through the Golf Course and direct Staff to address a letter to the appro- priate divisions of that agency. The motion was seconded by Councilman Shelton and unanimously carried. Councilman Pipitone felt that the letter should be worded rather strongly about consulting local agencies before making these decisions. Council agreed. (3) Mayor Mitchell stated that he had asked Councilman Rowland to submit the list of names on her water committee to possibly form a City Water Advisory Committee. She had done this and Mayor Mitchell requested that the other Council members also submit names of people who would be interested and willing to work on such a committee. He will then select some of these citizens for this committee. (4) Councilman Brown asked what the status of the Torro Drive reqeust for abandonment is. Mr. LeSage stated that the title company had not completed the title search on the property yet. He will bring the matter to the Council as soon as this is completed. E-3 City Attorney • 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 27, 1976 Page Six (1) Mr. LeSage requested an executive session to explore pending litigation. E-4 City Administrator (1) Mr. Warden reminded the Council that they would be inter- viewing applicants for Planning Commissioner tomorrow night at 6:00 p.m. in the City Hall Conference Room. (2) Mr. Warden stated that the Council will interview applicants for Fire Chief on Saturday, January 8, 1977, in the City Hall Conference Room at 9:00 a.m. (3) Mr. Warden advised that Congress has adopted legislation mandating unemployment insurance on local and state govern- ments as of January 1, 1978. This will increase personnel costs in the amount of $35,000 to $40,000. (4) Mr. Warden brought the Council up to date on the water situation and there was discussion among Council members on supplemental sources of water and the reclamation project. Mr. Warden stated that many problems were starting to come up which were hindering the progress of the reclamation project. Councilman Pipitone asked what the City is doing for improving the water situa- tion. Mr. Warden cited the proposed drilling on the sand spit, con- servation measures, the County Water Advisory Committee is working on the problem, and he stated all Council members were working towards the Nacimiento water project. He also advised that Cuesta College has been informed by the Whale Rock Water Commission that they can no longer use Whale Rock water which means that they may drill wells into the Chorro Valley thereby cutting into the City's use of water from that source. (5) Mr. Warden advised that the League of California Cities would be holding a Labor Relations Institute on January 19, 20, and 21 and asked if any Council members wished to attend. Councilmen Pipitone and Brown indicated that they would attend. ADJOURNMENT MOTION: Mayor Mitchell 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 10:01 p.m. and returned to regular session at 10:46 p.m. MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Council- man Shelton and unanimously carried. The meeting adjourned at 10:46 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL December 13, 1976 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR A-1 Minutes of the regular meeting of November 22, 1976 A-2 Minutes of the executive meeting of November 22, 1976 A-3 Expenditure Report, 11-16-76 to 11=30-76 (RECOMMEND APPROVAL) A-4 Appeal of Red & Reamer from Planning Commission denial of a request for a negative declaration status for a 24-unit development at the North-East corner of Zanzibar and Main Street (SET HEARING DATE FOR 12-27-76) A-5 Appeal of Robert F. Kleckner from Planning Commission denial of a Variance at the corner of Morro Avenue and Anchor Street (SET HEARING DATE FOR 1-24-76) A-6 Request of Morro Bay Taxi to increase taxi rates (SET HEARING DATE 'FOR 12-27-76) A-7 Award bid for 3/4 Ton Van to Larry Smith Chrysler Plymouth in the amount of $5,425.22 (RECOMMEND APPROVAL OF DIRECTOR OF PUBLIC WORKS RECOMMENDATION) A-8 Transfer of funds to install roll bars on automotive equipment per OSHA requirements (RECOMMEND AUTHORIZATION TO TRANSFER $3600 FROM UNOBLIGATED RESERVE) HEARINGS, APPEARANCES AND REPORTS B-1 Appeal of Howard Elmore from Planning Commission denial of a Variance to allow structural alterations to a nonconforming residence at 944 Mesa, Morro Bay B-2 Consideration of Sketch Plan for General Plan up -date, presenta- tion by Owen Menard B-4 Report on Community Development Block Grant Application B-5 Report on New Coastal Act UNFINISHED BUSINESS C-1 Consideration of proposed recycling center NEW BUSINESS D-1 Request of June C. Hofstead for abandonment of five foot sewer easement D-2 Request of Mary Quinn for school crossing guard D-3 Consideration of Resolution No. 82-76 granting a Use Permit to the Morro Bay Firemens Association to sell Christmas trees D-4 Request from the Office of Criminal Justice for appointment to the Board D-5 Consideration of Resolution from the City of Carson protesting the practice of the Department of Motor Vehicles of selling the names and addresses of citizens upon request to any individual or company so requesting and urging repeal of the law authorizing this practice D-6 Consideration of Resolution from the City of Chowchilla for action for reform of the Criminal Justice System 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 13, 1976 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of November 22, 1976 A-2 Minutes of the executive meeting of November 22, 1976 A-3 Expenditure Report, 11-16-76 to 11-30-76 (RECOMMEND APPROVAL) A-4 Appeal of Red & Reamer from Planning Commission denial of a request for a negative declaration status for a 24-unit develop- ment at the North-East corner of Zanzibar and Main Street (SET HEARING DATE FOR 12-27-76) A-5 Appeal of Robert F. Kleckner from Planning Commission denial of a Variance at the corner of Morro Avenue and Anchor Street (SET HEARING DATE FOR 1-24-77) A-6 Request of Morro Bay Taxi to increase taxi rates (SET HEARING DATE FOR 12-27-76) off A-7 Award bid for 3/4 Ton Van to Larry Smith Chrysler Plymouth in the amount of $5,425.22 (RECOMMEND APPROVAL OF DIRECTOR OF PUBLIC WORKS RECOMMENDATION) A-8 Transfer of funds to install roll bars on automotive equipment per OSHA requirements (RECOMMEND AUTHORIZATION TO TRANSFER $3600 FROM UNOBLIGATED RESERVE) Mayor Mitchell reviewed all items on the Consent Calendar. MOTION: Councilman Brown 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.Pipitone and unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Appeal of Howard Elmore from Planning Commission denial of a Variance to allow structural alterations to a nonconforming residence at 944 Mesa, Morro Bay Mr. Nuzum presented the Staff report regarding Mr. Elmore's application for a Variance to expand the living room of their residence by enclosing a porch which would then extend two feet, two inches into the required setback of twenty feet. The Planning Commission denied the request as no hardship was established and there were no special con- ditions or exceptions unique to the property to warrent the granting of a Variance. Mr. Nuzum does not feel the request to be objectionable, however, he could not find grounds for granting it under present provisions of the Zoning Ordinance. Mayor Mitchell opened the hearing at 7:37 p.m. and asked if there 0 MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL December 13, 1976 were any presentations to be made with regard to this appeal. Mrs. Elmore, the appellant, stated that their appeal was based on the fact that several years ago, one of their neighbors had added to their home without having to obtain a Variance; also, because the porch is an existing structure which has a roof approved some time ago by the City, she felt that the Variance should be allowed. As there were no further public comments, the hearing was closed at 7:40 p.m. Councilman Rowland felt that the Variance should be allowed since the improvements will definitely upgrade the neighborhood. Councilman Pipitone agreed. Councilman Shelton stated that the City would be establishing a precedent if they allowed this alteration contrary to the Zoning Ordinance and other people would come before the Planning Commission and the City Council with the same type of request. Councilman Brown felt that since the roof and porch are existing structures, this might establish the hardship necessary to approve the appeal. He also mentioned the possibility of constructing the addition so that it does not encroach on the frontyard setback; that is to delete the additional two feet, two inches requested and the applicant would, therefore, not need a Variance. There was considerable discussion with regard to the alternatives to granting the request. MOTION: Councilman Rowland.vmoved that the appeal from Planning Commission denial of a Variance for a two feet, two inch encroachment into the front - yard setback be granted. The motion was seconded by Councilman Pipitone. Councilman Pipitone asked the City Attorney if the Council could do this and Mr. LeSage stated that they would have to establish findings of fact and that they could determine what findings were sufficient. !Councilman Rowland amended her motion to include '. that the Council finds that the fact that the roof, porch and porch foundation are existing is a hardship and that is the finding for the Variance. The amendment was accepted by Council- man Pipitone and carried on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland, and Mayor Mitchell NOES: Councilman Shelton B-2 Consideration of Sketch Plan for General Plan Up -date, presenta- tion by Owen Menard & Associates Mr. Menard explained the importance of the Sketch Plan in rela- tion to other Elements of the General Plan and stated that this Plan had been presented to members of Staff and the Planning Commission. With regard to the Planning Commission's recommendations, the con- sultants felt that some of their proposed changes were significant and wished to review these with Council. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - December 13, 1976 Page Three Ron Smothers, of Owen Menard & Associates, reviewed item by item, the Sketch Plan and the Planning Commission's recommendations for changes to it. Mr. Smothers explained why they felt items recommended for deletion by the Planning Commission should be left in the Plan. One of the main areas of disagreement was the Tourist Commercial Classification. Mr. Smothers felt that a zone of this nature would tend to consolidate the tourist business in a discrete area of the community and would, therefore, help to lessen the impact of tourist traffic on the rest of the City. Mr. Nuzum related that the Planning Commission felt that this zone would be an unnecessary complication to the zoning Ordinance. The other major area of concern was the treatment of Agricultural Land areas which the Planning Commission recommended be designated A-10 (10 acre minimum per residence) whereas the consultants had recommended this area to be Planned Development in order to provide more flexibility and opportunities for assuring development, if occurring, in an orderly manner consistent with City desires. Mr. Smothers presented the consultants rational for recommenda- tions for zoning. Councilman Shelton asked how the tourist classification minimizes the impact of the tourists on the City. Mr. Smothers stated that this is effective because it concentrates tourist activites to a certain area thereby eliminating the need for the tourist to travel all over town for various services. RECESS 9:10 P.M. RECONVENED 9:20 p.m. Mayor Mitchell asked Mr. Nuzum to review the Planning Commission's reasons for their recommended changes to the Sketch Plan. Mr. Nuzum reviewed the Commission's actions. Mayor Mitchell asked if there were any comments from the public with regard to this Plan. Ray Gallo, representing Cabrillo Enter- prises, stated that he wished to address his comment to the Agri- cultural Land Use in opposition to the recommendation by the Planning Commission for an A-10 use. He felt that the City should concern itself with the kinds of density rather than set a firm 10-acre limit on parcels. Richard Palmer, Chamber of Commerce manager, informed the Council that he had conducted a survey of the businessmen in Morro Bay to determine the type of zoning they favored. The consensus was that they favored a Tourist Commercial Classification and were also in favor of zoning which would tend to unify the Embarcadero. Mr. Nagano, of Cabrillo Enterprises, was also in opposition to the A-10 classification for Agricultural Land Use. Mayor Mitchell stated that there had been considerable discussion regarding this plan and he would like to think more about the infor- mation received; he suggested continuing this matter to the next regular meeting of the Council. MOTION: Councilman Shelton moved that Council set consideration of the Sketch Plan to the next regular meeting of the Council. The motion was seconded by Councilman Pipitone. !I 0 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - December 13, 1976 Page Four Councilman Shelton asked about the Planning Commission's request to see a map incorporating their recommended changes so they could see the result of their action. It was determined that the consultants would prepare an overlay which could be presented to the Council. The motion was unanimously carried. B-4 Report on Community Development Block Grant Application Mr. Warden explained that the Council had approved an applica- tion last year for a Housing and Community Development Block Grant which had not met HUD's approval. The possibility of funding does not look much better this year, however, he recommended going through the process in hopes of receiving some funding. The projects being applied for are an evaluation of housing needs and possible improve- ment program, landscaping and equipping Del Mar Community Park, con- struction of new floating docks and landscaping of adjacent shoreside area, and construction of an additional bicycle path. Mr. Warden recommended Council review and add or change any projects so as to forward them to the Planning Commission for review. They will then be presented to the Council at their next meeting for final approval. MOTION: Councilman Brown moved that the Council send the application to the Planning Commission for their comments and that Council take final action on the application at their meeting of December 27, 1976. The motion was seconded by Councilman Pipitone and unanimously carried. B-5 Report on New Coastal Act Mr. Warden reviewed a map depicting the new Coastal Commission's permit zone which extends approximately five miles inland and com- pletely around the City limits of Morro Bay. Mr. Warden stated that he had encountered difficulty in trying to find out why this boundary goes inland as far as it does. He stated that he was unable to determine from Coastal Commission personnel the rationale which was used to establish this line. He asked Council if they wished to pursue trying to establish the reasons for the zone. Council agreed that this should be pursued. Jane Orvis commented that the City should have no objections to the amount of land included in the zone because it means that much more property is protected. ' Mr. Nuzum reviewed the schedule for obtaining building permits as affected by the new Coastal Act. The Act will go into effect on January 1, 1977, which means that a build6r who does not now have a building permit will probably not receive Coastal Commission approval until the end of January, 1977. He also discussed a local permit process which Mr. Warden advised Council to defer taking any action on until the'full implications of local permit control were known. UNFINISHED BUSINESS C-1 Consideration of proposed recycling center Mr. Warden stated that Mrs. Francis has worked with Doug Stuart in recommending the establishment and new location of a recycling 0 0 MINUTES MORRO BAY CITY COUNCIL Regular Meeting - December 13, 1976 Page Five center. It is recommended that it be established at the old water yard on Morro Bay Boulevard opposite the Police Station. Mrs. Francis is to act as Manager of this site and work with City and ECOSLO in the collection of recyclable materials. MOTION: Councilman Brown moved that the City Administrator be directed to implement the procedures indicated. The motion was seconded by Councilman Shelton and unanimously carried. NEW BUSINESS D-1 Request of June C. Hofstead for abandonment of five foot sewer easement Mrs. Hofstead is requesting the City to abandon five feet of a sewer easement in order to allow her to make alterations for improvements to an existing garage presently built over an existing sewer line. She has agreed to pay for the re-routing of the sewer main, however, the City will have to abandon the five feet of a total ten foot easement; all on her property. After review by the City Engineer, it was determined that this can be accomplished with- out jeopardizing the City needs for access for maintenance of the sewer line. MOTION: Councilman Brown moved that Staff be directed to prepare the necessary'documents to abandon the sewer easement. The motion was seconded by Councilman Rowland and unanimously carried. D-2 Request of Mary Quinn for school crossing guard Mr. Warden stated that the request was for a school crossing guard at the intersection of Main and Surf. Mr. Warden is recommending against this request since this intersection is located within a very short distance of the four-way stop at Main and Beach. MOTION: Councilman Brown moved that Mrs. Quinn's request for a crossing guard at Main and Surf be denied. The motion was seconded by Councilman Rowland. Mr. Ralph Richards spoke in support of the request by Mrs. Quinn, however, he thought the crossing guard was for the intersection of Main and Beach Street. Councilman Shelton thought that perhaps once the Dial -A -Ride bus was in effect, this would help some parents get their children to school safely. Mr. Richards agreed. The motion was unanimously carried. D-3 Consideration of Resolution No. 82-76 granting a Use Permit to the Morro Bay Firemens Association to sell Christmas trees Mr. Warden explained that this request had been changed since the Firemens Association had discovered that they could not afford the insurance coverage required by the City to use City property. They then requested permission to use private property, however, this type of request must go through the Planning Commission for approval of a Use Permit. Mr. Warden did not feel that the Council had any alternative since the ordinance provides that a request to use private property for retail sales must go before the Planning 0 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - December 13, 1976 Page Six Commission and the need for City insurance on use of City property is also standard operating policy. However, Mr. Mock had requested that this be presented to Council. There was some discussion about the situation with comments from Ron Mock. Mayor Mitchell suggested that the Association plan ahead next year. No action was taken on the proposed request. D-4 Request from the Office of Criminal Justice for appointment to the Board Mayor Mitchell stated that the Council was in receipt of corres- pondence from the Office of Criminal Justice requesting that Lois Rowland be appointed to the Board. Mayor Mitchell said that this brings up a problem since the Council had appointed Councilman Pipitone to the Region P Planning Board last April. Mr. Warden stated that the Board had not accepted the City Council's appointment of Councilman Pipitone since they do not necessarily have a repre- sentative from each of the cities but only from the general areas. Apparently there is now a vacancy on the Board and Mrs. Rowland is being requested for appointment because they would like a woman on the Board in order to comply with Federal desires for such represen- tation. MOTION: Councilman Pipitone moved that Councilman Rowland be nominated as the City's representa- tive to the Region P Planning Board. The motion was seconded by Councilman Brown. There was further discussion regarding the City Council's choice. The motion was unanimously carried. D-5 Consideration of Resolution from -the City of Carson protesting the practice of the Department of Motor Vehicles of selling the names and addresses of citizens upon request to any individual or company so requesting and urging repeal of the law authorizing this practice There was Council discussion regarding this and other resolutions received from cities and it was felt that recommendations of this nature, when they do not directly affect the City of Morro Bay or are in the City's jurisdiction to change, should be referred to the League of California Cities with recommendations one way or another. D-6 Consideration of Resolution from the City of Chowchilla for action for reform of the Criminal Justice System This matter to be handled in the same way as D-5. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Pipitone stated that he had received a call from Mary Phillips asking if the City had liability insurance for nuclear fallout. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - December 13, 1976 Page Seven (2) Mayor Mitchell asked Council to reconsider the colors for the Dial -A -Ride bus since two of the Council members had been absent last time it was considered. He felt that the bus should be white with light blue stripes. Mr. Warden passed out several sketches of the bus with different color schemes. Council members decided the white bus with blue stripping was O.K. (3) Mayor Mitchell stated that the County Water Advisory Committee was concerned about the membership of Jack Surfluh on the Committee when he is no longer officially connected with the City. Rather than lose his expertise in this field, Mayor Mitchell suggested establishing a City water advisory committee and Mr. Surfluh could be asked to be a part of this committee. He asked Councilman Rowland to get the names from the committee she has been meeting with and perhaps a City committee could then be formed. (4) Councilman Shelton reminded the Council about the water situation and that it looked like it might be a dry winter. Council should consider limiting the number of units going up in the City as one of the main concerns of the Community Goals Committee was that the City should only allow itself to grow in direct proportion to its ability to provide services to the people. Councilman Brown asked about the test wells on the sand spit, and Mr. Warden stated that that project might get under way by January. (5) Councilman Shelton stated that he would like to see the City Council take a leadership roll with regard to opposi- tion to a supertanker port in the central coast area. He asked Staff to prepare a resolution to this effect. MOTION: Councilman Shelton moved that Staff be directed to draw up a resolution opposing the supertanker port along the central coast. The motion was seconded by Councilman Pipitone and unanimously carried. E-2 City Attorney Mr. Leaage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden stated that he had also intended to bring up the water situation this evening. He noted that if the rainy season did not produce better than ten to twelve inches of rain, the City would have difficulties in the spring and summer. He reminded the Council that the City had not imposed stringent mandatory rationing. He also noted that voluntary rationing had been effective, but that if necessary, the City could and should implement mandatory rationing procedures as well as other appropriate measures. A multi. -faceted approach would have to be considered if rainfall is not forthcoming. (2) Mr. Warden advised the Council that the League of California Cities Annual Labor Relations Institute will be held January 19-21, 1977, in San Francisco. He urged Council members to attend. (3) Mr. Warden stated that the City had received three applica- tions for Planning Commissioner including Mrs. Doubledee who wished to be reconsidered. He asked Council members when they MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 13, 1976 Page Eight would like to interview these applicants. Council set December 28, at 6:00 p.m. to interview Planning Commission applicants. (4) Mr. Warden advised the Council that the State Department of Parks and Recreation is closing the road through the Morro Bay Golf Course. (5) Mr. Warden requested an executive session to discuss litigation and personnel. ADJOURNMENT MOTION: Councilman Brown moved that the meeting adjourn to executive session. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned to executive session at 11:44 p.m. and returned to regular session at 12:05•a.m. Mr. Warden stated that he had tentatively set January 8, 1977, as the date for interviewing applicants for Fire Chief: Council concurred in this and advised that they would begin interviewing at 9:00 a.m. MOTION: Councilman Pipitone moved that the meeting be adjourned. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 12:06 a.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk 6 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, December 13, 1976, 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 Elmore from Planning Commission denial of a Variance to allow structural alterations to a nonconforming residence at 944 Mesa 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: November 24, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California ,in-�X6)afaLc',�') (2d By: M. L. WARDEN, City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL November 22, 1976 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR A-1 Minutes of the regular meeting of November 8, 1976 A-2 Minutes of the executive meeting of November 8, 1976 A-3 Financial Report, 7-1-76 to 10-31-76 '(RECOMMEND APPROVAL) A-4 Expenditure Report, 11-1-76 to 11-15-76 (RECOMMEND APPROVAL) A-5 Appeal of Mr. & Mrs. H. E. Elmore from Planning Commission denial of a variance (SET HEARING DATE FOR 12-13-76) A-6 Claim of Elmer W. Hoffman for vehicle damages (RECOMMEND CLAIM BE DENIED AND REFERRED TO INSURANCE CARRIER) A-7 Claim of Lottie Rayburn for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT IN THE AMOUNT OF $155.70) A-8 Claim of E. M. Klineline for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT IN THE AMOUNT OF $47.60) A-9 Transfer Voucher #6-7-02 in the amount of $1625 for increase in State Compensation rates and OSHA corrections at the Fire Depart- ment (RECOMMEND AUTHORIZATION FOR TRANSFER) A-10 Award bid for heavy duty wheel loader (RECOMMEND BID BE AWARDED TO WALLACE MACHINERY CO. IN THE AMOUNT OF $24,084.97) HEARINGS, APPEARANCES AND REPORTS B-1 Report of City Attorney -on request for abandonment of Torro Drive UNFINISHED BUSINESS C-1 Consideration of Dial -A -Ride bus bid NEW BUSINESS D-1 Consideration of advisory election for Transit District formation INDIVIDUAL DETERMINATION AND/OR ACTION _E-1 City Council E-2 City Administrator E-3 City Attorney MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 22, 1976 7:30 Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. The invocation was given by Reverend Dear, City Chaplain. ROLL CALL PRESENT: Councilmen Brown, Pipitone and Mayor Mitchell ABSENT: Councilmen Rowland and Shelton CONSENT CALENDAR A-1 Minutes of the regular meeting of November 8, 1976 A-2 Minutes of the executive meeting of November 8, 1976 A-3 Financial report, 7-1-76 to 10-31-76 (RECOMMEND APPROVAL) A-4 Expenditure Report, 11-1-76 to 11-15-76 (RECOMMEND APPROVAL) A-5 Appeal of Mr. & Mrs. H. E. Elmore from Planning Commission denial of a variance (SET HEARING DATE FOR 12-13-76) A-6 Claim of Elmer W. Hoffman for vehicle damages (RECOMMEND CLAIM BE DENIED AND REFERRED TO INSURANCE CARRIER) A-7 Claim of Lottie Rayburn for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT IN THE AMOUNT OF $155.70) A-8 Claim of E. M. Klineline for sewer damages (RECOMMEND AUTHORIZATION FOR PAYMENT IN THE AMOUNT OF $47.60) A-9 Transfer Voucher #6-7-02 in the amount of $1625 for increase in State Compensation rates and OSHA corrections at the Fire Depart- ment (RECOMMEND AUTHORIZATION FOR TRANFER) A-10 Award bid for heavy duty wheel loader (RECOMMEND BID BE AWARDED TO WALLACE MACHINERY CO. IN THE AMOUNT OF $24,084.97) Mayor Mitchell reviewed all items on the Consent Calendar. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-10, with the understanding that approval means taking the 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 Report of City Attorney on request for abandonment of Torro Drive Mr. LeSage stated that City Staff had met with some of the pro- perty owners involved and discussed this request. There is a question as to the actual ownership of the underlying fee. At this point, Mr. LeSage has ordered a title search of the property to determine the answer to this question before any abandonment proceedings are insti- gated. Mr. Warden stated that he feels the City can work out an agree- ment with the property owners involved. No action of the Council"is required at this time. Councilman Brown asked if the proposed abandonment would have to go before the Planning Commission and Mr. Warden stated that it would. UNFINISHED BUSINESS C-1 Consideration of Dial -A -Ride bus bid iI Ll MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL - November 22, 1976 Mr. Warden stated that the two bids had been analyzed and it was recommended that Council award the bid to Airstream for an Argosy bus in the amount of $61,000.88. This includes two standard vehicles and one wheelchair vehicle 'plus other equipment. It is also recommended that Council waive the 90 day delivery requirement of -the specifica- tions and authorize a 120 day delivery date. UMTA has indicated that this will not substantially alter the bid specifications and, there- fore, is permissible if so directed by the Council. MOTION: Mayor Mitchell moved that Council accept the bid of Airstream with the finding that the request for delivery within 120 days as opposed to 90 days provided for in the specifications is not a significant deviation from the bid specifications. The motion was seconded by Councilman Brown and unanimously carried. It was noted that there was approximately $30,000 difference between the Airstream bid and the Holt Motors bid; Holt Motors being more. Mr. Warden presented a color scheme proposal for the bus and asked Council for their preferences. Council chose the white bus with the orange striping and Dial -A -Ride and the phone number stenciled on the side and Morro Bay Express on the back. Mr. Warden stated that Dwight Carlisle is working on a logo for ... the bus and Mr. Warden took this opportunity to thank Mr. 'Carlisle for all the art work he has done for the City in.the past with regard to the water shortage and other matters. NEW BUSINESS ­0l D-1 Consideration of advisory election for Transit District formation / Mr. Warden informed the Council that he is a member -of a steering committee which is to draft the documents necessary for formation of a Transit District. This committee is recommending to the Area Council that a question be put on the ballot in March to seek an advisory from the electorate with regard to the formation of such a district. The recommended wording of the question is "Do you advise that a Transit District be formed to provide public Transportation services, with and between population centers in incorporated and unincorporated areas? Said District would have revenue raising powers which could include taxing, bonding, and service charges, and which would also include governing powers independent of existing public agencies." If Council agrees that this question should be put before the electorate, then they should so indicate to Mr. Brown so that he can vote that way at the next meeting of the Area Council. Council members indicated that they are in favor of this proposal. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Council members had nothing to report. E-2 City Attorney Mr. LeSage had nothing to report. r MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - November 22, 1976 Page Three E-3 City Administrator (1) Mr. Warden advised that he was in receipt of a corrected Joint Powers Agreement for•the Elderly/Handicapped transit system and for the basic Area Council JPA and stated that the changes adopted by Council have been incorporated in the documents. He requested that Council authorize the Mayor and City Clerk to sign this document. MOTION: Councilman Brown moved that the Mayor and City Administrator be directed to sign the Joint Powers Agreement for the Elderly/Handicapped and Area Council. The motion was seconded by Councilman Pipitone and unanimously carried. (2) Mr. Warden informed the Council that the final date for filing for Planning Commissioner is December 1st and Mrs. Doubledee has indicated her desire to be reconsidered for appointment. No other applications have been received, however, Mr. Warden will report again at the next meeting. (3) Mr. Warden stated that the Morro Bay Women's Club has volun- teered to provide new drapes for the Vets Hall dining room as a club project. He will authorize the Women's Club to proceed if the Council agrees as there is no cost to the City in this matter. (4) Mr. Warden said that he had received a request from the Camp Fire Girls organization to use one of the offices at the Teen Center to service the membership in Morro Bay. It is recommended that this request be authorized with the telephone bill to be paid by the organization. Mr. Warden stated that he would proceed with this if the Council has no objections. Mr. Pipitone asked if the Teen Center is being used and Mr. Warden stated that the Council had taken action to eliminate the use of the Teen Center as an operating Teen Center during the school year. It will operate only during the summer months. Meanwhile other recreational activities will be taking place there and it has recently been used as an office for the census takers. (5) Mr. Warden reported on the census recently compiled and, though it is not official yet, it appears that the popula- tion number is less than from last years' estimated total. Official information will be presented at a later date. (6) Mr. Warden requested an executive session to discuss liti- gation and personnel. ADJOURNMENT MOTION: Councilman Brown moved that the meeting adjourn to executive session. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned to executive session at 7:52 p.m. and returned to regular session at 8.:36 p.m. MOTION: Councilman Brown moved that the meeting. -be adjourned. The motion was seconded by Councilman Pipitone and unanimously carried. 41 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - November 22, 1976 Page Four The meeting adjourned at 8:36 p.m. Recorded by: M. L. WARDEN, ,� City Clerk By: Ardith Davis Deputy City Clerk i. r CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL November 8, 1976 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call A-1 Minutes of the regular meeting of October 25, 1976 A-2 Minutes of the executive meeting of October 25, 1976 A-3 Expenditure Report, 10-16-76 to 10-31-76 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Award of communications bid.for Demand Responsive Transportation System (RECOMMEND AWARD BID TO MOTOROLA COMMUNICATIONS AND ELEC- TRONIC, INC. IN THE AMOUNT OF $8,179.56) HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of Stephen Burrell representing KCBX Radio requesting financial assistance B-2 Report by Carollo Engineers concerning ocean outfall, reclamation alternatives for complying with Federal and State discharge requirements B-3 City Attorney report of findings for Poudrier variance B-4. City Administrator report of termination of CETA contracts UNFINISHED BUSINESS C-1 Recommendations of Harbor Ordinance Committee C-2 Consideration of Area Planning Council and other relevant Joint Powers Agreements C-3 Ordinance No. 150, allowing bingo charitable organizations - second C-4 Resolution No. 81-76 setting fees under Ordinance No. 150 NEW BUSINESS games conducted by certain reading for bingo games as permitted D-1 Request for abandonment of Torro Drive D-2 Consideration of Resolution No. 80-76 Agreement to the Morro Bay Chamber of Rock-O-Rama activities INDIVIDUAL DETERMINATION.AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator granting a Use Permit Commerce for various r 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 8, 1976 - 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. The invocation was given by Reverend Dear, City rl Chaplain. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of October 25, 1976 A-2 Minutes of the executive meeting of October 25, 1976 A-3 Expenditure Report, 10-16-76 to 10-31-76 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITE14S BE RECEIVED AND FILED) A-5 Award of communications bid for Demand Responsive Trans- portation System (RECOMMEND AWARD BID TO MOTOROLA C014MUNICATIONS AND ELECTRONIC, INC. IN THE AMOUNT OF $8,179.56) Mayor Mitchell reviewed all items on the Consent Calendar. Under items of correspondence were the following: 1. A letter from the Department of Parks and Recreation dated October 26, 1976, regarding the City's interest in property at Cam San Luis Obispo. 2. A letter from the Tri-County Commission for Senior Citizens, Area Agency on Aging inviting the Council to appoint representatives to the Agency. 3. A notice of the San Luis Obispo County Water Resources Advisory Committee meeting on November 3, 1976. 4. A notice from the California Regional Water Quality Control Board regarding a hearing for modification of time schedules for discharge compliance on December 10, 1976. 5. A notice from the Department of Housing and Community Development regarding public hearings on the Statewide Housing Plan. 6. A letter from James E. Mulligan, Deputy Assistant to the Governor, regarding "California Celebrates the Whale". MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-5, with the under- standing that approval means taking the action recommended by the City Administrator. The motion was seconded by Councilman Shelton. Councilman Pipitone asked if the radio equipment would affect in any way, the type of bus the City ultimately chooses. Mr. Warden said no, the equipment will fit any bus. The motion was unanimously carried by roll call vote. 1 ti MINUTES MOMO BAY CITY COUNCIL Regular Meeting - November 8, 1976 Page Two Mr. Warden stated that he would be coming back to the Council with an analysis on the bus bids. He noted that all Council members had received correspondence from Mercedes Benz regarding their bid, however, bid specifications do not allow for diesel powered vehicles and if the Council wished to pursue that course, the grant appli- cation would have to be re -submitted. The bid from Argosy meets specifications; however, they are unable to deliver within 90 days. UMTA has indicated that the 120 day delivery schedule is acceptable. HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of Stephen Burrell representing KCBX Radio re- questing financial assistance Mr. Burrell informed the Council that KCBX is the County's only community radio; it is non-profit and is staffed by volunteers. He stated that KCBX is applying for a grant which requires matching funds in the amount of $10,000, $5,000 of which has already been raised. He explained the type of programming KCBX has, which includes Board of Supervisors' meetings and other community interest meetings, discussion programs and folk and classical music. He said that Cable TV has a hook-up to their station and charge $1.00 per month for the service; however, if the station gets this grant, it will be able to improve 'its::wattage so that most people in Morro Bay will be able to receive their programs. Councilman Pipitone was concerned that the City would be supporting a radio station that would be in competition with other stations. Councilman Brown agreed with this and stated that he did not think the Council should use the taxpayers' money in this way. MOTION: Councilman Brown moved that the request for funds from KCBX Radio be denied. The motion was seconded by Councilman Pipitone. Councilman Shelton felt that since this is a one-time request„ for funds, the City should approve it as the station does provide a service to the community. The motion was carried on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland and Mayor Mitchell NOES: Councilman Shelton Several Council members indicated that they would join the membership of KCBX and contribute that way. B-2 Report by Carollo Engineers concerning ocean outfall, reclamation alternatives for complying with Federal and State discharge requirements Mr. James T. Emanuel, John Carollo Engineers, gave the Council a summary of the City's past efforts to comply with the State Water Quality Control Board's requirements with regard to ocean outfall. He stated that the City has been in technical violation of outfall 0 e18 MORRO BAY CITY COUNCIL - MINUTES Regular Meeting - November 8, 1976 Page Three requirements for some five years now and has made several efforts, with approval of Council, to prepare a plan for submission to the State outlining the City's plans for updating the system. These efforts, however, have met with continual changes in the State's requirements, among which have been disagreements between the State and Federal requirements, which have made it necessary for the City to prepare a new Project Report. This report will include a feasi- bility assessment of reclamation or ocean outfall systems, and assessments as to upgrading the present treatment plant. The up- grading and expansion of the treatment plant is being included in this report because of grants which have become -aviiklable since the last effort to realize a reclamation system. The City has just completed thirteen months of studies which have included soil tests of the effects of reclaimed water on test lots in the Chorro Valley as well as extensive oceanographic work. The results indicate that the reclamation project would have no detrimental effect to most of the crops currently grown in the Valley. It was noted that table crops, however, could not be irrigated with reclaimed water. Mr. Emanuel introduced John Johnson of Carollo Engineers who proceeded to outline four possibilities for complying with the State's requirements. Mr. Johnson noted that they had considered many possibilities, but had narrowed them down to the four alter- natives depicted on the charts presently before the Council. Alter- native No. 1 was an ocean outfall plan; Alternative No. 2, a re- clamation plan with one large reservoir on Federal property at Camp San Luis Obispo; Alternative No. 3, also reclamation with two reservoirs, in the event the Federal property is unavailable, one on private property and another on the proposed County park; and Alternative No. 4, also reclamation with a reservoir only on private property and the extra water to be put on a disposal site, which would require acquisition of approximately 100 acres in the Western part of the Chorro Valley. He stated that the City could gain from 500 to 700 acre feet more water per year if the farmers in the Chorro Valley agree to participate in a reclamation program and use the reclaimed water. Mr. Johnson informed the Council that Carollo Engineers is recommending that Council choose Alternative No. 2 because it uses the reclaimed water as opposed to the ocean outfall and because the one reservoir on Federal property will reach both the Valley farmers and the San Luis Obispo County E1 Chorro Regional Park, thereby providing recreational benefits. He requested, if Council agrees with their recommendation, that they authorize Staff to begin negotiations with the farmers in the Valley because if they will not go along with the project, then the City has no alternative but ocean outfall. He estimated that it would be four to six weeks before the negotiations with the farmers would be complete, another two or three months for the draft EIR and public hearings, then two months for State approval. From there it will be approximately one year of design and two years of con- struction. The project should be complete in the Fall of 1980. Mr. Warden informed the Council that, if they choose to go with the recommendation, he will immediately contact the Federal General Services Office to see if the City can acquire the Federal property across from Cuesta College. If the property is unavailable, he will 9 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - November 8, 1976 Page Four then return to the Council for further direction,;, Councilman Shelton asked for the reason for not including the golf course in Morro Bay in the list for exchange of water. Mr. Johnson stated that it was well could be of benefit to indicates that the impact o was minimal and did not war charging the golf course wa line necessary from the mai Valley disposal rates appea volumes of wastewater and i added later. initially thought that the golf course the City, however, further analysis f any water to be gained as an exchange rant the large expenditure necessary for ter distribution system or for the branch n reclamation supply line. Further, the r capable of handling all anticipated f not, then the golf course could be Mary Phillips asked several questions to which Mr. Johnson responded. It was noted that the farmers would be fully apprised of their obligations if they elected to go with the project. Mr. Johnson also reviewed the costs involved in the various alternatives including construction and operating and maintenance costs. Mr. Warden informed the Council that the City has appro- ximately $450,000 in reserve available for this project at the present time. MOTION: Councilman Pipitone moved that the Council go on record in support of the recommendation by Carollo Engineers for Alternative No. 2 and direct Staff to proceed with the negotiations with the farmers to implement that recommendation. The motion was seconded by Councilman Brown and unanimously carried. RECESS: 8:55 p.m. RECONVENED 9:07 p.m. B-3 City Attorney report on findings for Poudrier variance Council was in receipt of a memo from the City Attorney out- lining the findings of fact with regard to the Council's granting of an appeal from Planning Commission denial of a variance for Mr. Poudrier. These included the fact that the applicant has converted an existing garage to a bedroom and constructed a hallway to the garage; the sideyard setbacks are 317" instead of 5' as required in the Morro Bay ordinance; and the home is so located and designed that a hallway meeting the 5' setback requirement cannot reasonably be constructed. As a condition to the granting of the appeal, the applicant is required to construct a two car garage to replace the existing garage conversion and to bring the property into conformance with the zoning law which will then remove any special privilege occurring to the applicant. MOTION: Councilman Brown moved that the Council approve the findings of the City Attorney for granting the appeal of Mr. Poudrier from Planning Commission's denial of a variance and that the findings be adopted. The motion was seconded by Mayor Mitchell. There was discussion on the motion with Councilman Pipitone Ll MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL - November 8, 1976 maintaining that the City is giving every developer an opportunity to build first and obtain a permit later. The motion was unanimously carried by roll call vote. MOTION: Councilman Brown moved that Staff be directed to look into the possibility and make a report to the Council regarding increasing the penalty phase of the ordinance for constructing without a building permit. The motion was seconded by Councilman Pipitone and unanimously carried. B-4 City Administrator report of termination of CETA contracts Mr. Warden informed the Council that in CETA program those employees hired two years nating as of December 31, 1976. The program, and the City may get new employees to replace inated. He said that this is for information is required. INISHED BUSINESS accordance with the ago would be termi- however, will continue the ones being term - only and no action C-1 Recommendations of Harbor Ordinance Committee Mayor Mitchell stated that the Harbor Ordinance Committee recommended no substantial changes in the ordinance at this time, however, recommend revision of a form being used by the Harbor Department with regard to live-aboards and recommend revising the holding tank provisions to allow any device approved by the EPA and/or Coast Guard. Councilman Pipitone stated that the Committee had been unable to resolve the one problem it had been formed to deal with, namely, whether or not people should be allowed to live -aboard a vessel in the bay. The ordinance provides for live-aboards for a thirty day period in each calendar year which was intended to apply to trans- ient fishermen or recreational boaters but not to people wanting to permanently live on their vessels. Councilman Shelton felt that a Harbor Committee should be a permanent committee so that the harbor people could get together periodically and discuss any problems they have. Mayor Mitchell thought this was a good idea, however, the committee should have some designated areas of responsibility. He asked Councilmen Pipitone and Shelton, the Council members on the Harbor Ordinance Committee, to draw up a list of people to be on this committee. C-2 Consideration of Area Planning Council and other relevant Joint Powers Agreements There was considerable discussion with regard to Mr. Warden's detailed memo on possible changes to the JPA's. Council members felt that the memo was very explicit and explained the various in- adequacies in the Agreements. Mayor Mitchell felt that the re- ference to the seven affirmative votes should be deleted since the MINUTES , MORRO Regular Meeting Page Six BAY CITY COUNCIL November 8, 1976 Board of Supervisors was insistent upon five members representa- tion on the Board. Council members agreed that the remaining items outlined in the memo should be forwarded to the Area Council with the City Council endorsing those changes. It was the feeling of Council members that this should be resolved now and that they should not go along with the proposed JPA without the changes indicated. MOTION: Mayor Mitchell moved that the Council go on record as adopting the recommendations in the memo with the exception of that recommendation in the first paragraph on the second page with reference to seven affirmative votes; and instruct,,'the City Administrator to inform the Joint Powers group that the City Council would like to see the JPA changed to the Council's desires. The motion was seconded by Councilman Shelton and unanimously carried by roll call vote. C-3 Ordinance No. 150, allowing bingo games conducted by certain charitable organizations - second reading MOTION: Councilman Brown moved that Ordinance No. 150 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Ordinance No. 150 by title only. MOTION: Councilman Brown moved that this constitute the second and final reading of Ordinance No. 150 and that it be adopted. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. C-4 Resolution No. 81-76 setting fees for bingo games as permitted under Ordinance No. 150 MOTION: Councilman Brown moved that Resolution No. 81-76 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 81-76 by title only. MOTION: Councilman Brown moved that Resolution No. 81-76 be adopted. The motion was seconded by Councilman 'Rowland=and="unanimously carried. Mayor Mitchell noted that the fee to be charged for an annual license is $10.00. NEW BUSINESS D-1 Request for abandonment of Torro Drive Mr. Warden explained that the City has received requests from property owners in the area of Torro Drive to abandon that road to the adjacent property owners. He stated that since some of this property is along the bluff fronting the beach, it might be con- sidered for retention, in whole or in part, in order to assure MINUTE$ � MORRO Regular Meeting Page Seven BAY CITY COUNCIL November 8, 1976 public access for a mini park or vista point or some similar public use. There was considerable discussion regarding this matter and the actual line of the bluff in relation to the property. Comments were heard from James Mason and Dale Troxler. It was felt that Staff could negotiate with the adjoining property owners to see if an equitable arrangement can be made so that the public access to the beach is preserved. MOTION: Councilman Shelton moved that Staff negotiate with the property owners and determine what can be worked out. The motion was seconded by Mayor Mitchell and unanimously carried. D-2 Consideration of Resolution No. 80-76 granting a Use Permit Agreement to the Morro Bay Chamber of Commerce for various Rock-O-Rama activities MOTION: Councilman Brown moved that Resolution No. 80-76 be read by title only. The motion was seconded by Councilman Shelton and unanimously carried. Mr. Warden read Resolution No. 80-76 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 80-76. The motion was seconded by Councilman Shelton and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Pipitone stated that he had attempted to contact a service man;at,Cable TV on a Sunday and no one was available but the answering service. There was discussion with regard to the number of outages being experienced and what the City could do about it. Councilman Brown stated that he would visit the Cable office to see if they keep a record of the outages. (2) Councilman Brown stated that there would be a League of California Cities briefing in Santa Barbara on Friday, November 12, 1976, with regard to the Coastal Act. Mr. Warden asked which Councilmen planned on attending. Councilmen Brown and Pipitone indicated that they would go and Mayor Mitchell stated that he would let Mr. Warden know. EE2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden informed the Council that the water levels are coming back up because water production is down. He urged everyone to continue to use conservation measures in their homes and made the observation that stringent measures might have to be taken next year if the City goes another year without much rain. MINUTE$ - MORRO BAY CITY COUNCIL Regular Fleeting - November 8, 1976 Page Eight (2) Mr. Warden requested an executive session to discuss possible litigation. ADJOURNMENT MOTION: Councilman Brown moved that the meeting adjourn to executive session to discuss litigation. The motion was seconded by Councilman Pipitone and unanimously carried. ;The meeting adjourned to executive session at 10:26 p.m. and returned to regular session at 10:42 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 10:42 p.m. RECORDED BY: M. L. WARDEN City Clerk By: dl�e-// 2lL 41' 611Z) Ardith Davis Deputy City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday., October 25, 1976, 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 Paul Kelsay from Planning Commission approval of a Conditional Use Permit to allow a professional/medical office building in an R-4 Zone, and a Variance to allow a forty-four foot height for said building at 545 Main Street, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against, or in modification of said appeal. DATED: October 8, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California em�c - By: M. L. WARDEN, City Clerk • i NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, October 25, 1976, 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 Marion Poudrier from Planning Commission denial of a Variance to build within 3' 7" of the property line, where the Zoning Ordinance requires 5' at 1298 Clarabelle Drive, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against, or in modification of said appeal. DATED: October 8, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M. L. WARDEN, City Clerk M.INUTEfS MORRO BAY CITY COUNCIL Regular Meeting October 25, 1976 - 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Mitchell with the Pledge of Allegiance. The 'invocation was given by Reverend Dear, City Chaplain. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of October 11, 1976 A-2 Minutes of the executive meeting of October 11, 1976 A-3 Financial Report, 7-1-76 through 9-30-76 (RECOMMEND APPROVAL) A-4 Expenditure Report, 10-1-76 through 10-15-76 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) Mayor Mitchell reviewed all items on the Consent Calendar. Under items of correspondence were letters from the Department of Transportation regarding a presentation of the California Trans- portation Plan, a letter from William R. Schumann, M.D. complimenting the Morro Bay Yacht Club, a letter from the County Health Agency regarding the Alcoholism Demonstration Prevention Program, and a notice from the San Luis Obispo Substructures Committee regarding a meeting on November 3, 1976. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-5, with the understanding that approval means taking the action recommended by the City Administrator. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of Stephen Burrell representing KCBX Radio re- questing financial assistance Mayor Mitchell asked if Mr. Burrell would like to make a presentation; however, Mr. Burrell was not in the audience. Council members decided to delay the matter until after the next agenda item to see if Mr. Burrell showed up. B=2 Appeal of Marion Poudrier from Planning Commission denial of a variance at 1298 Clarabelle Drive, Morro Bay Mr. Nuzum presented the factors involved in this case. Mr. Poudrier had filed a request for a variance to permit the enlargement of an existing residence that is nonconforming in that it has no garage. The original garage had been converted into living quarters some years ago by Mr. Poudrier without obtaining a building permit. The Planning Commission denied the application unanimously on the basis that the applicant had not demonstrated sufficient hardship. Mr. Poudrier had started the enlargement without obtaining a building permit and, in fact, continued construction on the enlargement after notification by the Building Inspector to cease building. MINUTES - MORAO BAY CITY COUNCIL October 25, 1976 - 7eqular Meeting Page Two Mr. Poudrier then filed plans for a two -car garage which would bring his house into compliance with'the Zoning Ordinance. At the same time he requested a setback of 3'7" for the detached accessory building and was informed this would require a Variance. Council members had several technical questions to which Mr. Nuzum responded. Mayor Mitchell declared the hearing open at 7:45 p.m. and asked the appellant if he wished to make a presentation. Mr. Poudrier apologized for not obtaining a building permit before beginning con- struction, however, he stated that he had been unable to contact the Building Inspector when he called at City Hall and since he had an opportunity to have the building constructed at the time�he felt he could not pass up the chance. He stated that he has submitted plans for the two -car garage to be constructed in the bank below his home, however, the plans are pending approval on the outcome of this hear- ing. Carl Williams, 400 Norwich, felt that the Council should approve the appeal since the structure looks alright. However, he did feel that some penalty should be applied for not complying with the law. Allison Cannady spoke in opposition to granting the appeal. As there were no further comments, the hearing was closed at 7:58 p.m. Council members discussed the appeal and asked questions. It was noted that the effect of denying the appeal would be that the appellant would have to tear down a portion of the structure. Councilman Mitchell stated that he found it difficult to establish a hardship to justify granting the Variance. Mr. Le Sage stated that the hardship could be found to be relating to the existing structure as well as to the property. Mayor. -Dale Mitchell stated that he could separate the request for a Variance and the violation of the building codes in his mind and felt that he would probably have granted the Variance if the violation had not occurred. He did not feel that the Council should use the denial of the Variance as punishment for violating the codes. Mayor Mitchell was in favor of granting the Variance on the condition that the garage be built and that Mr. Poudrier be cited for violating the codes. There was further discussion with regard to a penalty. MOTION: Mayor Mitchell moved that the appeal be granted with the understanding that the construction of the proposed garage be a condition of granting the appeal and that Staff issue a citation for failing to obtain a building permit. The motion was seconded by Councilman Brown. Mr. LeSage suggested that Council put a time limitation on the building of the garage and that they set forth findings for the Variance. • MINUTES ., MORAO Regular Meeting Page Three BAY CITY COUNCIL October 25, 1976 Mayor Mitchell amended his motion to include that the 'garage is to be built within six' months and that it be completed before the Variance is effective and that Staff present findings for granting the Variance to be pre- sented for Council adoption at the next meeting. The amendment was accepted by Councilman Brown and the motion was carried on the following roll call vote: AYES: Councilmen Brown, Rowland and Mayor Mitchell NOES: Councilmen Pipitone and Shelton Mr. Willard McGonagill spoke from the audience stating that the problem could be solved with a Conditional Use Permit, however, Mr. Nuzum stated that it could not. Councilman Pipitone felt that granting the Variance gave every other property owner the leave to build first and obtain a permit later. B-1 Appearance of Stephen Burrell representing KCBX Radio requesting financial assistance As Mr. Burrell still was not present, Council directed Staff to re -schedule this matter for the next regular meeting and contact Mr. Burrell to that effect. B-3 Appeal of Paul Kelsay from Planning Commission approval of a Variance and Conditional Use Permit at 545 Main Street, Morro Bay Mr. Nuzum explained that the applicant had applied for a Use Permit for a professional office building in an R-4 District which is acceptable upon securing a Use Permit. The application also re- quests approval of a height of 44 feet where 35 feet is permitted. The height limitation may be exceeded upon securing a Use Permit. The Planning Commission had approved the Use Permit on a vote of 3 to 2. Councilman Shelton questioned the process with regard to the EIR provisions. Mr. Nuzum explained that an EIR was not required until the Building Inspector, after Planning Commission approval of the Use Permit, determined that the building would exceed the occupancy permitted for not requiring an EIR. Mr. Maul was then informed that he would have to have an EIR on the project. Councilman Shelton asked why a Variance is not required for the additional height and Mr. Nuzum stated that the Zoning Ordinance permits additional heights for mechanical appurtenants, and the Planning Commission con- sidered the solar collector to be a mechanical appurtenance. There was discussion between Councilman Shelton and Mr. Nuzum with regard to the interpretation of the zoning ordinance on this matter. Mayor Mitchell opened the public hearing at 8:43 p.m. and asked the applicant if he would like to make a presentation. Mr. Kelsay stated that he is appearing because of his concern for the increased height and the increased traffic to be generated by the project. He discussed the fact that the solar collector was considered a mechanical appurtenance.and asked the City Attorney his interpretation of the section of the zoning ordinance relating to mechanical MINUTES r MORRO Regular -Meeting Page Four BAY CITY COUNCIL October 25, 1976 appurtenants. Mr. Le$age stated that that was.a determination for the Council to make. Mr. Kelsay presented the Council with a petition of some 100 names of people in the 'area 'who were concerned about the project. Mr. Kelsay cited some deficiencies in the plans and Mayor Mitchell informed him that these particulars are taken care of when the Building Inspector makes the plan check of the plans. Mr. Kelsay also discussed the additional traffic to be generated by the project. RECESS 9:13 p.m. RECONVENED 9:25 p.m. Speaking in favor of the appeal and against the project and/or height of the project were Howard Gaines, Allen Dutcher, Tom Harmon, Erma Davis, Joseph Giannini, Kit Walling, and Willard MCGonagill. Jim Maul, the applicant/owner/architect of the project replied to the criticisms of the audience, stating that the height limit- ation was no problem as it was basically for the solar collector and that could be eliminated. He informed the Council that because of the zoning a motel or some other structure could be built which would generate considerably more traffic than the professional office buildings. There were several other comments and the hearing was closed at 10:00 p.m. Councilman Shelton felt that the article of the zoning ordinance with regard to Use Permits should be examined more thoroughly for interpretation. MOTION: Councilman Shelton moved that the appeal be upheld. The motion was seconded by Councilman Brown. Mr. LeSage informed the Council that they could grant the appeal with regard to the height aspects and allow the Use Permit for the structure. Councilman Shelton felt that there was enough public testimony and issues raised other than height to warrant looking at the project more carefully. There was further discussion with regard to the in- terpretation of the ordinance with the feeling that the Planning Commission should study that area and make recommendations as to its proper interpretation. Councilman Brown withdrew his motion as he was in favor of the project except for the height limitation. The motion died for lack of a second. MOTION: Councilman Brown moved that the appeal be granted on the height portion of the appeal only but allow the Use Permit otherwise. The motion was seconded by Councilman Pipitone and carried on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland and Mayor Mitchell NOES: Councilman Shelton MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - October 25, 1976 Page Five MOTION: Mayor Mitchell moved that the Planning Commission be directed to study Article 6 and the issues arisen regarding mechanical appurtenances. and make recommendations for clarification. The motion was seconded by Councilman Shelton and unanimously carried. UNFINISHEDBUSINESS None NEW BUSINESS D-1 Consideration of Ordinance No. 150, allowing bingo games conducted by certain charitable organizations Mayor Mitchell explained that State law had recently been passed authorizing non-profit organizations to conduct bingo games. Staff had been directed at the last meeting to prepare an ordinance for local control of bingo games. MOTION: Councilman Pipitone moved that Ordinance No. 150 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Ordinance No. 150 by title only. MOTION: Councilman Brown moved that this constitute the first reading of Ordinance No. 150. The motion was seconded by Councilman Pipitone. Mr. Bill Cannady asked if the American Legion would be qualified under the provisions of the Ordinance. Mr. Cannady was given a copy of the ordinance to determine this for himself. The motion was unanimously carried. D-2 Consideration of Public Works grant application for safety building and town hall Mr. Warden explained that the City was attempting to qualify for funding for projects under the Public Works Employment Act of 1974. The projects before the Council this evening were the police and fire facility and a town hall. He informed the Council that these projects had been submitted to the Planning Commission and they had considered the projects as a whole when, in fact, the fire and police facility should be considered a separate project from the town hall. Secondly, the EIR procedures do not require municipal projects to go before the Planning Commission; rather, the City Council makes the determination on a Negative Declaration status. At any rate, the Planning Commission had determined that the two projects, considered as a whole, did not qualify for Negative Declaration status. In the effort to submit this project to meet the time restraints in order to qualify for grant funding, Mr. Warden is presenting the project to the Council for their considera- tion to determine the Negative Declaration Status of the project. If an EIR is required, this will effectively kill the City's chances for funding of either project. He reminded the Council that the • MINUTES MORRO Regular Meeting Page Six BAY CITY COUNCIL - October 25, 1976 Economic Development Agency will determine the priority of any and all projects submitted,,the main criteria being _ which project will put the 'most people to work'in a 90 day period after approval of the grants. Mr. Warden reviewed and answered several questions posed by the Planning Commission in their consideration of the project. There was some question on the part of Council as to whether the town hall should be part of the package with Mr. Warden stating that this is their determination to make. There were comments from Howard Gaines, Lila Keiser, Kit Walling, Carl Williams, Willard McGonagill and Tom Cantine with regard to the town hall concept of the project. Councilman Shelton was concerned about overturning the Planning Commission's recommendation. MOTION: Councilman Rowland moved that Council approve a Negative Declaration Status on the safety building and that it will not have a significant adverse impact upon the environment. The motion was seconded by Councilman Brown. Mayor Mitchell asked if all municipal projects will come before the Council for consideration instead of the Planning Commission. Mr. Warden stated that they would if the Council so determined. Councilman Rowland amended her motion to include that the application for the fire and police facility be forwarded to the EDA for consider- ation. The motion was seconded by Councilman Brown and carried on the following roll call vote: AYES: Councilman Brown, Pipitone, Rowland and Mayor Mitchell NOES: Councilman Shelton Tom Cantine informed the Council that they should hold a public hearing on Negative Declaration projects. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Pipitone discussed the article in the Sun - Bulletin recently regarding the Council's not being informed of violations of the City's sewer outfall system. He asked how the Council could be more informed of such matters. Mr. Warden stated that the violation of the sewer outfall is not a new subject and the Council has been constantly apprised of the situation. (2) Councilmen Brown and Rowland wished to discuss the policy of Council members attending Staff meetings and Councilman Brown requested that this be done in executive session as it was a personnel matter. Mr. Le Sage concurred that this was a subject properly discussed in executive session. MINUTES MORRO BAY CITY COUNCIL Regular Meeting - October 25, 1976 Page Seven E-2 City Attorney Mr. Le$age had nothing to report at this time. E-3 City Administrator (1) Mr. Warden informed the Council that the term of Mrs. Doubledee as Planning Commissioner expires December 31st and asked Council members how they wished to go about filling the Vacancy. Mayor Mitchell stated that the Council should fill the vacancy by advertising for applications and asking Mrs. Doubledee if she would like to be reconsidered. Council members concurred. (2) Mr. Warden asked Council members to take a hard look at the new Coastal Plan as it has a considerable effect on Morro Bay. ADJOURNMENT, MOTION: Councilman Brown moved that the meeting adjourn to executive session to discuss personnel matters. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting adjourned to executive session at 11:22 p.m. and returned to regular session at 12:30 a.m. MOTION: Councilman Shelton moved that the meeting be adjourned. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 12:30 a.m. Recorded by: M. L. WARDEN City Clerk By: Ardith Davis Deputy City Clerk 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, October 11, 1976, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro:iiay.,k California, and will consider the recommendation of the Planning Commission to amend the Zoning Ordinance by deleting provisions for Transitional Use Permits; at which said hearing any person interested may appear and express their views for, against, or in modification of said pro- posed amendment. DATED: September.24, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California By: . L. WARDEN, City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL October 11, 1976 1:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR A-1 Minutes of the regular meeting of September 27, 1976 A-2 Financial Report, July 1, 1976 through August 31, 1976 (RECOMMEND APPROVAL) A-3 Expenditure Report, 9-16-76 through 9-30-76 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Claim of Cecelia Gomes for injuries and damages (RECOMMEND CLAIM BE DENIED) A-6 Claim of W. Rubin for sewer damages in the amount $95.00 (RECOMMEND AUTHORIZATION FOR $95.00 PAYMENT) A-7 Claim of W. Roeben (RECOMMEND CLAIM BE DENIED) A-6 Appeal of Paul Kelsay from Planning Commission approval of a condi- tional use permit and variance at 545 Main Street, Morro Bay (RECOMMEND HEARING DATE BE SET FOR 10-25-76) HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of Paul E. Nelson representing the County Symphony Association requesting financial assistance B-2 Public hearing on recommendation of the Planning Commission to delete provisions for Transitional Use Permit from the Zoning Ordinance B-3 Planning Commission review of City Council changes to the Housing Element of the General Plan - continued hearing UNFINISHED BUSINESS C-1 Consideration of League of California Cities Annual Convention Resolutions NEW BUSINESS D-1 Resolution No. 79-76 authorizing and directing the City Administrator to execute the Joint Powers Agreement with the Monterey Bay Area Training Center D-2 Consideration of request to change meeting times for Area Planning Council meetings D-3 Concept approval of Beach Street boat dock project INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator 0 10 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 11, 1976 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Mitchell with the Pledge of Allegiance. The invocation was given by Reverend Dear, City Chaplain. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None Mayor Mitchell announced that he would like to acknowledge Mrs. Ninette Ansberry of 456 Panay Street, Morro Bay, as the winner of the Dial -A -Ride bus naming contest, the winning name being "Morro Bay Express". Mayor Mitchell noted that approximately 70 entries were submitted and a committee consisting of various members of the community had made a recommendation to the City Council of the winning name. The prize is a $50.00 savings bond which Mrs. Ansberry has requested be made out to the Morro Bay High School Scholarship Fund. Mrs. Ansberry thanked the Council for their recognition. CONSENT CALENDAR A-1 Minutes of the regular meeting of September 27, 1976 A-2 Financial Report, July 1, 1976 thorugh August 31, 1976 (RECOMMEND APPROVAL) A-3 Expenditure Report, 9-16-76 through 9-30-16 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Claim of Cecelia Gomes for injuries and damages (RECOMMEND CLAIM BE DENIED) A-6 Claim of W. Rubin for sewer damages in the amount of $95.00 (RECOMMEND AUTHORIZATION FOR $95.00 PAYMENT) A-7 Claim of W. Roeben (RECOMMEND CLAIM BE DENIED) A-8 Appeal of Paul Kelsay from Planning Commission approval of a conditional use permit and variance at 545 Main Street, Morro Bay (RECOMMEND HEARING DATE BE SET FOR 10-25-76) Mayor Mitchell reviewed all items on the Consent Calendar. Under correspondence was a letter from the Office of Criminal Justice Planning to the Governor regarding the Law Enforcement Assistance Administration and a letter from the Community Mental Health Service regarding their services. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-8, with 'the understanding that approval means taking the action recommended by the City Administrator. The motion was seconded by Councilman Rowland. Councilman Shelton asked that Item A-8 be removed from the Consent Calendar for separate discussion. Councilman Brown amended his motion to delete Item A-8 from the approval. The amendment was accepted by Councilman Rowland and the motion was unanimously carried by roll call vote. Councilman Shelton asked if the appeal with regard to the use permit and variance should be considered separately or together. Mr. Warden stated that it is proper to consider both items at the same time since the appeal is on the total action of the Planning MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 11, 1976 Page Two Commission. The Council, in their resolution of the issue, can choose to grant certain aspects of the appeal and deny others as they see fit. MOTION: Councilman Shelton moved for the approval of Item A-8 on the Consent Calendar. The motion was seconded by Councilman Brown and unanimously carried. HEARINGS. APPEARANCES AND REPORTS B-1 Appearance of Paul E. Nelson representing the County Symphony Association requesting financial assistance Mr. Paul Nelson, a board member of the County Symphony Association, advised the Council of the Association's accomplishments and their plans for the coming year. He reviewed their budget and the contri- butions made by other governmental agencies. He requested that the Council contribute $500 to allow the Association to work within this years' budget. Ms. Ellen Rydal also spoke in favor of the donation and informed the Council that Morro Bay was the place where the Association was started. Council members discussed this request. MOTION: Councilman Pipitone moved that the City of Morro Bay donate the $500 requested and ask that, in the future, their requests for donations be pre- sented at the City's budget time. The motion was seconded by Councilman Shelton and unanimously carried. MOTION: Mayor Mitchell moved that the City Administrator be authorized to transfer the necessary funds from Reserve and that the City Attorney be directed to draw up the necessary contractual arrangements. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. B-2 Public hearing on recommendation of -the Planning Commission to delete provisions for Transitional Use Permits from the Zoning Ordinance Mayor Mitchell stated that this matter had been considered by the City Council before and had resulted in no action because of a two -two tie with Mayor Mitchell being absent. The matter was returned to the Planning Commission and they reaffirmed their position that Transitional Use Permits be deleted from the Zoning Ordinance. Mayor Mitchell declared the hearing open at 7:57 p.m. and called for comments regarding this matter. As there were no comments, the hearing was closed at 7:58 p.m. Mrs. Cook asked what a Transitional Use Permit is and Mr. Nuzum explained this term to her. The reason the Planning Commission was recommending its deletion was because they felt granting a Transitional Use Permit resulted in spot zoning. Councilman Shelton stated that he felt Transitional Use Permits were developed to try to alleviate inequities which might occur. He MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL October 11, 1976 elaborated on this opinion and Councilman Brown responded that the requested zoning under a Transitional Use Permit has to be consistent with the Land Use Element of the General Plan or the Transitional Use Permit cannot be authorized. There was considerable discussion by Council members regarding the merits of deleting or leaving in the Transitional Use Permit provisions. Mayor Mitchell stated that he saw no harm in leaving the provision in as it could be relatively easily handled administra- tively. MOTION: Councilman Shelton moved that Council deny the consideration for elimination of Transitional Use Permits from the Zoning Ordinance of the Municipal Code. The motion was seconded by Councilman Pipitone and carried on the following roll call vote: AYES: Councilmen Pipitone, Rowland, Shelton and Mayor Mitchell NOES: Councilman Brown B-3 Planning Commission review of City Council changes to the Housing Element of'the General Plan - continued hearing Mayor Mitchell asked Mr. Nuzum to present the Planning Commission's views on this matter. Mr. Nuzum stated that the Planning Commission reaffirmed their original opinion with regard to the deletion of certain aspects of the Plan. With regard to Councilman Shelton's comments, the Commission did not feel it was necessary to include them in the Housing Element. MOTION: Councilman Pipitone moved that Council accept the Planning Commission's recommendations. The motion was seconded by Councilman Rowland. There was considerable discussion with regard to Council recommenda- tions for the Housing Element with the feeling that the items pre- viously recommended for inclusion by the Council be left in. Councilman Pipitone withdrew his motion and Councilman Rowland her second. MOTION: Councilman Pipitone moved that Council stand by their recommendations for the Housing Element of the General Plan per Council meeting of August 9, 1976. The motion was seconded by Councilman Brown and unanimously carried. UNFINISHED BUSINESS C-1 Consideration of League of California Cities Annual Convention Resolutions Mayor Mitchell stated that the Council was in receipt of 83 resolutions which will be considered at the League of California Cities Annual Convention in San Diego. These resolutions will be considered by various committees at the convention and many of them will not survive to be considered at the General Assembly meeting. However, the Council should let the voting delegate know as to its MINUTES -, MORRO Regular Meeting Page Four BAY CITY COUNCIL October 11, 1976 a views so that the delegate could vote accordingly in the General Assembly. Council members discussed several resolutions and Councilman Brown was advised as to how Council felt in these different matters. RECESS 8:57 p.m. RECONVENED 9:11 P.M. NEW BUSINESS D-1 Resolution No. 79-76 authorizing and directing the City Adminis- trator to execute the Joint Powers Agreement with the Monterey Bay Area Training Center Mayor Mitchell stated that Council had already indicated their interest in this program and it would be in order to pass this resolution. MOTION: Councilman Brown moved that Resolution No. 79-76 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 79-76 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 79-76. The motion was seconded by Councilman Pipitone and unanimously carried by roll 'call vote. D-2 Consideration of request to change meeting times for Area Planning Council meetings Mayor Mitchell stated that the Council was in receipt of a letter from the City of Grover City stating that their representatives to the Area Planning Council would like to have these meetings changed from day -time to evening meetings. This would enable their repre- sentatives to attend more often. Councilman Brown, the City's representative to the Area Council, stated that he preferred the day -time meetings and that it would be difficult for the senior citizens attending the meetings -to come at night. Mr. Warden stated that he would write a letter to Grover City to this effect. D-3 Concept approval of Beach Street boat dock project Mr. Warden stated that Council needed to give this project con- cept approval in order for it to be forwarded to the Corps of Engineers for their consideration. MOTION: Councilman Shelton moved that Council give conceptual approval of the proposal to build docks at Beach Street. The motion was seconded by Councilman Brown and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council 6 MINUTES MORRO BAY CITY COUNCIL Regular Meeting October 11, 1976 Page Five' (1) Councilman Pipitone stated that he wished to register a formal complaint for the City of Morro Bay not recognizing Columbus Day as an official holiday; he felt it was a slight against Italians and hoped that the problem would be remedied by next year — as he had made the same complaint last year. (2) Councilman Brown asked about resolution of the Joint Powers Agreement for the Area Council. Mr. Warden stated that it is still unresolved. (3) Councilman Shelton asked about the status of the Public Works grant and Mr. Warden stated since the President signed the bill, Staff is continuing with the preliminary work. (4) Councilman Shelton asked when the City could expect con- struction on the stop light at San Jacinto. Mr. Warden stated that planning will begin in November and construction should begin in December or January. E-2 City Attorney (1) Mr. LeSage stated that the City has been named as defendent in a petition for writ of mandate with regard to -the request for a variance from Mr. Roeben who had built a structure over a garage contrary to building and zoning requirements. The Roeben's will try to require the City to accept the structure in its present form. Councilman Brown asked if the City has a policy that plans will be on location when a building inspector inspects. Mr. Warden stated yes. E-3 City Administrator (1) Mr. Warden informed the Council that the -Channel Counties Division of the League of California Cities will be held on Friday, October 29, 1976, at Lompoc. He asked Council members to advise him as to who would be attending. (2) Mr. Warden requested an executive session to discuss possible litigation and personnel. ADJOURNMENT MOTION: Mayor Mitchell moved that the meeting adjourn to executive session to discuss personnel and litigation. The motion was seconded by Councilman Shelton and unanimously carried. The meeting adjourned to executive session at 9:31 p.m. and returned to regular session at 10:12 p.m. MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Council- man Shelton and unanimously carried. The meeting adjourned at 10:12 p.m. Recorded by: M. '�,. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF PUBLIC.HEARING NOTICE 1$ HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, September 27, 1976, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider a resolution to adopt a conflict of interest code pursuant to the requirements of the Political Reform Act of 1974 as interpreted by the Fair Political Practices Commission; at which said hearing any person interested may appear and express his views for, against, or in modification of said code. DATED: September 14, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California By: . WARDEN, City Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL September 27, 1976 7:30 p.m, Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR A-1 Minutes of the regular meeting of September 13, 1976 A-2 Minutes of the executive meeting of September 13, 1976 A-3 Expenditure Report, 9-1-76 through 9-15-76 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Planning Commission recommendation to delete Transitional Use Permit provisions from Zoning Ordinance (SET HEARING DATE 10-11-76) A-6 Appeal of Mrs. Robert Poudrier from Planning Commission denial of variance (SET HEARING DATE 10-25-76) A-7 Resolution No. 64-76 approving sublease on Lease Site No. 150, Bickford (RECOMMEND ADOPTION) A-8 Resolution No. 65-76 approving sublease on Lease Site No. 113W, Moores (RECOMMEND ADOPTION) A-9 Resolution No. 66-76 approving sublease on Lease Sites No. 124-127, 124W-127W, Moores (RECOMMEND ADOPTION) A-10 Resolution No. 67-76 approving sublease on Lease Site No. 128W, Moores (RECOMMEND ADOPTION) A-11 Resolution No. 68-76 approving renewal of U.S. Coast Guard Lease #DOT-CG12-4020, building (RECOMMEND ADOPTION) A-12 Resolution No. 69-76 approving renewal of U.S. Coast Guard Lease #DOT-CG12-4532, dock (RECOMMEND ADOPTION) A-13 Resolution No. 70-76 approving amendment to lease with Ralph Ruse, Lease Sites No. 122,123,122W,123W (RECOMMEND ADOPTION) A-14 Resolution No. 71-76 approving amendment to lease with Ralph Ruse, Ext. of Lease Sites No. 122W and 123W (RECOMMEND ADOPTION) A-15 Resolution No. 72-76 accepting recommendation of Planning Commission and adopting Park & Recreation Element of the General Plan (RECOMMEND ADOPTION) A-16 Resolution No. 73-76 accepting and adopting Safety Element of A-17 Resolution No. 74-76 accepting and adopting Noise Element of A-18 Resolution No. 75-76 accepting (RECOMMEND ADOPTION) recommendation of .Planning Commission the General Plan (RECOMMEND ADOPTION) recommendation of Planning Commission the General,Plan (RECOMMEND ADOPTION) deed from County of San Luis Obispo A-19 Award bid for water works material for main replacement projects (RECOMMEND APPROVAL OF DIRECTOR OF PUBLIC WORKS RECOMMENDATION) HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing and consideration of Resolution No. 76-76 adopting a Conflict of Interest Code UNFINISHED BUSINESS C-1 Consideration of entries to Dial-A=Ride bus naming contest C-2 Consideration of Resolution No. 77-76 approving the application for grant monies for Morro Bay Community Park Project C-3 Consideration of Public Works grant C-4 Ordinance No. 149 - Controlling motorcycles, second reading NEW BUSINESS D-1 Consideration of Lions Club community service project D-2 Consideration of Resolution No. 78-76 authorizing destruction c of certain City records i INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator f MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 27, 1976 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Mitchell with the Pledge of Allegiance. The invocation was given by Reverend Dear, City Chaplain. ROLL CALL PRESENT: Councilmen Brown, Rowland, Shelton and Mayor Mitchell ABSENT: Councilman Pipitone Mayor Mitchell called on William Mehaffey to make a presentation. Mr. Mehaffey, representing the Morro Bay Fire Fighters Muster Committee, presented the Council with a plaque to thank them for their particpa- tion in the Muster activities. CONSENT CALENDAR A-1 Minutes of, the regular meeting of September 13, 1976 A-2 Minutes of the executive meeting of September 13, 1976 A-3 Expenditure Report, 9-1-76 through 9-15-76 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Planning Commission recommendation to delete Transitional Use Permit provisions from Zoning Ordinance (SET HEARING DATE 10-11-76) A-6 Appeal of Mrs. Robert Poudrier from Planning Commission denial of variance (SET HEARING DATE 10-25-76) A-7 Resolution No. 64-76 approving sublease on Lease Site No. 150, Bickford (RECOMMEND ADOPTION) A-8 Resolution No. 65-76 approving sublease on Lease Site No. 113W, Moores (RECOMMEND ADOPTION) A-9 Resolution No. 66-76 approving sublease on Lease Sites No. 124-127, 124W-127W, Moores (RECOMMEND ADOPTION) A-10 Resolution No. 67-76 approving sublease on Lease Site No. 128W, Moores (RECOMMEND ADOPTION) A-11 Resolution No. 68-76 approving renewal of U. S. Coast Guard Lease #DOT-CG12-4020, building (RECOMMEND:\ADOPTION) A-12 Resolution No. 69-76 approving renewal of U. S. Coast Guard Lease #DOT-CG12-4532, dock (RECOMMEND ADOPTION) A-13 Resolution No. 70-76 approving amendment to lease with Ralph Ruse, Lease Sites No. 122, 123, 122W, 123W (RECOMMEND ADOPTION) A-14 Resolution No. 71-76 approving amendment to lease with Ralph Ruse, Ext. of Lease Sites No. 122W and 123W (RECOMMEND ADOPTION) A-15 Resolution No. 72-76 accepting recommendation of Planning Commission and adopting Park & Recreation Element of the General Plan (RECOMMEND ADOPTION) A-16 Resolution No. 73-76 accepting recommendation of Planning Commission and adopting Safety Element of the General Plan (RECOMMEND ADOPTION) A-17 Resolution No. 74-76 accepting recommendation of Planning Commission and adopting Noise Element of the General Plan (RECOMMEND ADOPTION) A-18 Resolution No. 75-76 accepting deed from County of San Luis Obispo (RECOMMEND ADOPTION) A-19 Award bid for water works material for main replacement projects (RECOMMEND APPROVAL OF DIRECTOR OF PUBLIC WORKS RECOMMENDATION) Mayor Mitchell reviewed all items on.the Consent Calendar. Under Correspondence was a notice from the U. S. Department of the Interior regarding a meeting to discuss the receipt of Alaskan crude oil by west coast ports. MOTION: Councilman Brown moved for the approval of the MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 27, 1976 Page Two Consent Calendar, Items A-1 through A-19, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Shelton and unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing and consideration of Resolution No. 76-76 adopting a Conflict of Interest Code Mayor Mitchell stated that the Council had directed Staff to prepare a resolution for adoption in conformance with the State Con- flict of Interest Code. Mayor Mitchell declared the hearing open at 7:42 p.m. and called for comments. As there were none, the hearing was closed at 7:43 p.m. MOTION: Councilman Brown moved that Resolution No. 76-76 be read by title only. The motion was seconded by Councilman Shelton and unanimously carried. Mr. Warden read Resolution No. 76-76 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 76-76. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. UNFINISHED BUSINESS C-1 Consideration of entries to Dial -A -Ride bus naming contest Mayor Mitchell stated that entries in the bus naming contest had been referred to a committee for recommendations as to a selection. The recommended selection was "Morro Bay Express" and it is in order for Council to either adopt the name or select another. There was discussion with regard to Council options and the logo for the new system. MOTION: Councilman Brown moved that Council adopt the name "Morro Bay Express" for the transit system as recommended by the committee. The motion was seconded by Councilman Shelton and unanimoously carried. C-2 Consideration of Resolution No. 77-76 approving the application for grant monies for Morro Bay Community Park Project Mayor Mitchell stated that this resolution would approve the application for funds to purchase property near the Del Mar school for park purposes. MOTION: Councilman Brown moved that Resolution No. 77-76 be read by title only. The motion was seconded by Councilman Shelton and unanimously carried. Mr. Warden read Resolution No. 77-76 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 77-76. The motion was seconded MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 27, 1976 Page Three by Councilman Rowland and unanimously carried by roll call vote. C-3 Consideration of Public Works grant Mr. Warden advised the Council of Staff's progress with regard to applying for funds under the Public Works Act of 1976. The appropri- ation for the grant has not yet been approved by Congress and may, in fact, be vetoed by the President; however, cities are pursuing the possibility that it will be passed within the next two weeks. If the bill is passed and funds become available, Mr. Warden asked if Council would give him the authority to proceed with some of the pre- liminary work necessary to meet application requirements. He esti- mates $1,000 to complete the preliminary plans for street projects; $1;650 for the City water and sewerage system; $3,000 for the fire and police facility; and $2,000 for topographic studies and $4,500 for park layout for the Del Mar park. Mr. Warden recommended deleting the Del Mark Park from the list at this time since approval for grant funds to purchase the property would not be forthcoming in time to meet the time requirements of the Public Works grant. He advised that no funds for preliminary work would be spent unless the bill is approved. MOTION: Mayor Mitchell moved that Council pursue applica- tion for Public Works grant funds and authorize the expenditure of the funds necessary to do the preliminary work on the recommended projects. The motion was seconded by Councilman Brown and unanimously carried. C-4 Ordinance No. 149 - Controlling motorcycles, second reading MOTION: Councilman Brown moved that Ordinance No. 149 be read by title only. The motion was seconded By Councilman Rowland and unanimously carried. Mr. Warden read Ordinance No. 149 by title only. MOTION: Councilman Brown moved for the adoption of Ordinance No. 149 and that this constitute the second and final reading of said ordinance. The motion was seconded by Councilman Rowland and unanimously carried by toll call vote. Mayor Mitchell stated that the ordinance would take effect in thirty days. NEW BUSINESS D-1 Consideration of Lions Club community service project Mayor Mitchell stated that the Lions Club had approved a community service project of raising funds to light the Lila Keiser Park softball field. They requested City help in the form of planning and design of the lighting system and construction inspection. Mr. warden informed the Council that this assistance would place no additional burden on City staff. MOTION: Councilman Shelton moved that Staff respond to the proposal by the Lions Club with a "get started" letter. The motion was seconded by Councilman Brown and unani- mously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 27, 1976 Page Four D-2 Consideration of Resolution No. 78-76 authorizing destruction of certain City records Mayor Mitchell advised the Council that Staff was proposing to destroy certain records, as permitted by State law, which have been accumulating since the City's incorporation. Mr. Warden stated that the specific records to be destroyed are financial invoice, statements, purchase orders, and duplicate copies of checks from the time of in- . corporation up to June, 1970. The City Attorney has reviewed the pro- cedure and has indicated his approval. MOTION: Councilman Brown moved that Resolution No. 78-76 be read by title only. The motion was seconded by Mayor Mitchell and unanimously carried. Mr. Warden read Resolution No. 78-76 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 78-76. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Brown stated that he had received a call from Faye McGonagill regarding a place to gather recycling materials for transportation to San Luis Obispo. Mr. Warden stated that he had been approached on this matter and is having Mr. Stuart look into the situation. (2) Mayor Mitchell stated that he will be unable to attend the League of California Cities Annual Convention in San Diego, so Council needed to select another voting delegate and alternate. MOTION: Mayor Mitchell moved that Councilman Brown be designated as the voting delegate and Councilman Rowland as the alternate. The motion was seconded by Councilman Shelton and unanimously carried. (3) Councilman Shelton brought up the fine job Barbara Finley had done in stepping in for Ardith Davis during her emergency absence. He felt some recompense was in order. Mr. Warden informed him that he had taken care of it administratively. (4) Councilman Rowland brought up the matter of garages•in the City being converted to additional rooms.in homes without obtaining a building permit. Mr. Nuzum explained the.recourse of the City in these matters. E-2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden advised the Council that the State Department of Parks and Recreation had returned the property across the highway from Cuesta College to the Bureau of Outdoor Recreation who had already,released the property to the General Services Administration. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 27, 1976 Page Five He reminded the Council that the City had attempted to acquire this property for a reservoir site for the City's reclamation project sometime ago and the property had been held by the State for park purposes. The new State Parks and Recreation Director has determined that State use is not feasible. The City could still use it for a reservoir site and, perhaps, for recreational purposes. He asked Council members if they would like to pursue acquisition of the property. MOTION: Councilman Shelton moved that Staff pursue the acquisition of this property. The motion was seconded by Councilman Brown and unanimously carried. Councilman Shelton also felt the City should write a letter to the Director of the Department of Parks and Recreation and inform them that the City was dissatisfied with the way the property transfer was handled in that no local public agencies were advised of the transfer or offered a chance to obtain the property. MOTION: Councilman Shelton moved that the City of Morro Bay write Mr. Rhodes in the Department of Recreation and indicate dissatisfaction with the way in which the property transfer was handled. The motion was seconded by Councilman Brown and unanimously carried. (2) Mr. Warden informed the Council that the City had received notification from the Morro Bay Chess Club that October 9th has been designated as National Chess Day and requested that the Mayor be present at a ceremony to present a perpetual trophy that day at 2:00 p.m. at the City's giant chess board. (3) Mr. Warden asked Council members if they would like to con- sider an ordinance to allow bingo games to be held by certain non-profit charitable organizations. Council members had no objections. ADJOURNMENT MOTION: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Councilman Shelton and unanimously carried. The meeting adjourned at 8:30 p.m. Recorded by: M. L. WARDEN, City Clerk �CC/1. c� By: dith Davis Deputy City Clerk MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 13, 1976 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Mitchell with the Pledge of Allegiance. The invocation was given by Reverend Dear, City Chaplain. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None Mayor Mitchell stated that before the regular business of the meeting is considered, he would like Mr. Warden to read Resolution No. 63-76, a Resolution Commending Fred R. Donohoo. Mr. Warden read the resolution in its entirety. MOTION: Councilman Brown moved for the adoption of Resolution No. 63-76. The motion was seconded by Councilman Pipitone and unanimously carried. CONSENT CALENDAR A-1 Minutes of regular meeting of August 23, 1976 A-2 Minutes of executive meeting of August 23, 1976 A-3 Expenditure Report August 16, 1976 through August 31, 1976 (RECOMMEND APPROVAL) A-4 Financial Statement June 30, 1975 through June 30, 1976 (RECOMMEND APPROVAL) Financial Statement July 1, 1976 through July 31, 1976 (RECOMMEND APPROVAL) A-5 Resolution No. 61-76 approving sublease on Lease Site No. 136, Crill (RECOMMEND APPROVAL) A-6 Resolution No. 62-76 accepting work and giving notice of comple- tion for construction of Keiser Park Barbeque Facility Project No. PW 75-028-38 RS'(RECOMMEND APPROVAL) Mayor Mitchell reviewed all items on the Consent Calendar. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-6, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Shelton and unanimously carried. HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing on Noise and Safety Element of General Plan Mr. Nuzum informed the Council that they had agreed to contract with the County for preparation of the Noise and Safety Elements of the General Plan. He reviewed the sections of the elements pertaining to Morro Bay. Mr. Nuzum stated that the Planning Commission has considered both elements and finds them technically complete and acceptable. Mayor Mitchell opened the public hearing at 7:40 p.m. and asked if there were any comments from the public. As there were no comments, the hearing was closed at 7:40 p.m. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 13, 1976 Page Two MOTION: Councilman Brown moved that Council approve the Safety and Noise Elements of the General Plan as presented and direct Staff to prepare the necessary adopting resolution. The motion was seconded by Councilman Shelton and unanimously carried. UNFINISHED BUSINESS C-1 Housing Element of General Plan - Verbal report by Planning Director Mr. Warden stated that he had inadvertently placed this matter on the agenda since it is still under Planning Commission considera- tion. He asked that the item be withdrawn. C-2 Request of Wayne and Norma Bickford to change lease provisions not allowing encumbrances. Mr. Warden stated that the Council had previously approved a sublease of the Bickford lease site on the condition, that the para- graph regarding encumbrances be eliminated from the sublease. Since that time, Mr. Bickford's attorney, Mr. Gallo, has submitted a letter requesting that this paragraph remain in the sublease for several reasons, one being that a lessee, on the sale of his business, could not secure his investment without the use of a trust deed on the leased premises. Mr. Gallo presented his arguments to the City Council. Mr. LeSage stated that the reason he requested that this provi- sion be eliminated from the sublease is that the City has had a policy of allowing encumbrances for improvements, but not for the sale of property. If a lessee is allowed to encumber the lease site, it might make it difficult to pursue an improvement program on the lease site. However, this policy has been directed to the harbor lease sites where the Council is vitally interested in improvements. This may not be the case with Mr. Bickford's property. If the Council is not interested in the improvements on this lease site, then the provision, may stand. Mr. Warden stated that in view of the fifteen year maximum term of the agreement, the Council can reassert the City's use of this site for its own purposes. MOTION: Councilman Shelton moved that Council approve the provision for encumbrance on this particular sub- lease only. The motion was seconded by Councilman Brown and unanimously carried. C-3 Parking Committee alternatives Mr. Warden advised the Council that at their last meeting they had referred the parking problem back to the Parking Committee for consideration of alternatives. After considerable discussion, the Committee recommended that a letter be sent to all businessmen on the Embarcadero requesting (1) that owners and employees park away from Embarcadero Street and (2) that owners of sport fishing opera- tions encourage their patrons to park elsewhere. This is recommended to be on a voluntary basis and re-evaluated in January for its effec- tiveness. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 13, 1976 Page Three With regard to the downtown area, since it is already posted for limited parking, an enforcement program was recommended using non -police officer personnel working five hours per day, four days per week. This also to be re-evaluated in January for its effective- ness. If the program is effective, consideration can be given to making the expenditures necessary to post and enforce parking restric- tions in the Embarcadero area. Ray Gallo urged the Council to establish a program to solve the problem before next summer. MOTION: Mayor Mitchell moved that Staff be directed to take action as recommended by the Parking Committee. The motion was seconded by Councilman Brown and unanimously carried. NEW BUSINESS D-1 Consideration of curbs, gutters, and sidewalk requirements,of Morro Bay Municipal Code Mr. Warden advised the Council that he was in receipt of a request from property owners at 537 Piney Way that the requirement for curbs, gutters and sidewalks be waived for their area. It is their contention that this requirement would not improve the looks of their property. Mr. Warden informed the Council that the requirement for curbs, gutters and sidewalks is a part of the municipal code and the ordin- ance would have to be changed if the Council wished to make an excep- tion. The Planning Commission recommended that a bond be posted on the project until full consideration is given to the matter. Council members discussed the matter and decided that the ordin- ance should be adhered to in this case. MOTION: Councilman Pipitone moved that Council not consider any waiver or change in the ordinance with regard to the Piney Way area, however, the Planning Commission is directed to survey the entire community to consider those areas which should not have curbs, gutters and sidewalks. The motion was seconded by Councilman Shelton and unanimously carried. It was felt that some areas of the City would be better esthe- tically if left without curbs, gutters and sidewalks and a rural atmosphere maintained. However, in the case of Piney Way, this street is a main thoroughfare and the ordinance should apply. D-3 Renewal of lease for Lease Sites No. 122, 123, 122W and 123W and Extension of 122W and 123W - Ruse Mayor Mitchell stated that Mr. Ruse was requesting an extension of his present County lease on Lease Sites No. 122, 123, 122W and 123W and the Extension of 122W and 123W of thirty-five years based on his expenditures for improvements in the amount of $119,000. The lease provides for an extension of thirty years or less when the improvements exceed $30,000. There was discussion as to how the City could encourage Mr. Ruse a to MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL September 13, 1976 to convert to a City -type lease which is economically more advan- tageous to the City. Mr. Ruse would prefer to stick to his present County -type lease. He has,.however, agreed to settle for a twenty- five year extension on both leases. Councilman Pipitone was in favor of either using any opportunity at the City's disposal to encourage Mr. Ruse to convert to a City - type lease or, allow him only the minimum extension allowable. Mayor Mitchell was of the opinion that in the past, the Council has granted extensions for the maximum allowable in accordance with expenditures on improvements and the extension period should not be used to encourage Mr. Ruse to convert to a City -type lease. MOTION: Mayor Mitchell moved that the extension of twenty- five years for both leases be granted to Mr. Ruse. The motion was seconded by Councilman Brown and carried on the following roll call vote: AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell NOES: Councilman Pipitone D-3 Consideration of Ordinance controlling use of public and private property by off -road vehicles - Mr. Warden stated that the Council had requested that Staff prepare an ordinance to take effect immediately which would better control off -road vehioles operating within the City. He had used several ordinances from other cities to prepare the one for Morro Bay. Basically, this ordinance requires a user to have written per- mission of the property owner in his possession to ride on the owner's property and to have written permission from the City for public property. There are also requirements for muffler and spark arrester equipment and provisions for nuisance complaints even if the rider has permission to use private or public property. There was discussion concerning finding a suitable place for off-street vehicles to operate and it was noted that there is a Parks and Recreation Commission committee reviewing sites and hopefully will come to Council with a recommendation.soon. Council directed Staff to prepare the ordinace after receiving numerous complaints from people living in the area of the property north of the high school about cyclists creating noise and dust nuisances. Comments were heard from Mr. & Mrs. Jesse Gaorian, Donna Ramos, Jane Orvis, and Rod Pound. Mayor Mitchell stated that he was in favor of the ordinance, however, he felt that a concerted effort should be made to find the cyclists an alternate place to enjoy their sport. Council members discussed whether the ordinance should be adopted as an urgency measure or in the normal manner with two readings. Mayor Mitchell felt that it should be adopted in the normal manner in order to give 'people time to come before Council with their comments if they wish. �J MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 13, 1976 Page Five MOTION: Councilman Brown moved that Ordinance No. 149 be read by title only and that the word "powered" be inserted in Section 10.28.200 in the third line between "of" and "transportation". The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Ordinance No. 149 by title only. MOTION: Councilman Brown moved that this constitute the first reading of Ordinance No. 149 as amended. The motion was seconded by Mayor Mitchell and unanimously carried. RECESS 9:06 p.m. RECONVENED 9:20 p.m. D-4 Report by City Administrator concerning Federal Public Works Grant Program Mr. Warden informed the Council that he had been investigating the possibilities of the City of Morro Bay qualifying for a federal grant under the Public Works Employment Act of 1976. He outlined the requirements, the most stringent of which is to put as many people to work at the earliest possible time. He suggested several projects which he felt the City might use to qualify, such as the water distribution system; sewer truck lines; streets, curbs and gutters; boat docks; police and fire building construction; community building construction; and development of a Del Mar park. After discussion, Council members directed Mr. Warden to proceed with attempting to apply for this grant. D-5 Consideration of Conflict of Interests Codes Council was in receipt of a sample resolution which incorporates the provisions of the Conflict of Interests law. Codes adopted by the City are required by the Fair Political Practices Commission. It was in order for Council to direct Staff to prepare the necessary resolution and set a date of hearing. This resolution must be adopted by October 10, 1976. Council members set September 27, 1976, to hold a public hearing to consider the Conflict of Interests resolution. MOTION: Councilman Brown moved that Staff be directed to prepare the necessary resolution for adoption by City Council. The motion wasseconded by Mayor Mitchell and unanimously carried. D-6 Consideration of Interim Joint Powers Agreement for County -wide Transportation System Mayor Mitchell reviewed the proposed agreement and stated that this had been discussed at the Mayor's meeting and several cities were objecting to various sections of the agreement which coincided with their objections to the Joint Powers Agreement with the Area Council. Council members directed Mr. Warden to inform the Transportation Committee that they objected to the all-inclusive wording with regard MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 13, 1976 Page Six to using senior citizen vans in its operation in Section 1, Article 1 of the Agreement; they objected to the ratio of representation to the Area Council; they felt that cities should have something to say about the annual budget; and they objected to the all-inclusive wording in Section 3, Article III giving the Authority first priority use of "any" State or Federal funds. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Council members had nothing to report at this time. E-2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden advised the Council that the Underground Utilities District No. 2 project will commence September 15, 1976. Councilman Shelton asked about the schedule for the stop lights at San Jacinto and Mr. Warden informed him that that was scheduled for October, 1976. (2) Mr. Warden stated that the City had applied to the State Lands Commission for permission to remove sand from Coleman Drive and noted that we must pay $.15 per yard to the State when the sand is removed. (3) Mr. Warden asked the Council to select a delegate and an alternate voting member for the League of California Cities annual convention. Council members selected Mayor Mitchell for the voting delegate and Councilman Brown as the alternate. (4) Mr. Warden informed the Council that the League of California Cities will hold a briefing on legislative implementation on Wednesday, September 22, 1976, in Los Angeles. He said that he planned to go and asked Council members to advise him if they wished to attend. (5) Mr. Warden stated that Council members were in receipt of the results of the Dial -A -Ride bus naming contest and the recommended selection. He stated that he will place this matter on the agenda of the next meeting for Council consideration. (6) Mr. Warden requested an executive session to discuss possible litigation matters. ADJOURNMENT MOTION: Councilman Brown moved that the meeting adjourn to executive session. The motion was seconded by Councilman Shelton and unanimously carried. The meeting adjourned to executive session at 10:12 p.m. and returned to regular session at 10:24 p.m. MOTTON: Councilman Brown moved that the meeting be adjourned. The motion was seconded by Councilman Pipitone and unanimously carried. Ll 41 MINUTES _ MORRO BAY CITY COUNCIL Regular Meeting September 13, 1976 Page Seven The meeting adjourned at 10:24 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk 0 0 CITY OF MORRO BAY AGENDA CITY COUNCIL MEETING August 23, 1916 - 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 9, 1976 A-2 Expenditure Report, 8-1-76 to 8-15-76 (RECOMMEND APPROVAL) A-3 Correspondence A-4 RESOLUTION NO. 56-76 approving Work Study Agreement with Cuesta College (RECOMMEND APPROVAL) A-5 Public Hearing on Noise and Safety Element of General Plan (SET HEARING DATE 9-13-76) A-6 RESOLUTION NO.58-76 adopting Salary Plan (RECOMMEND APPROVAL) HEARINGS, APPEARANCES AND REPORTS B-1 Public Hearing on appeal of Henry denial of Transitional Use Permit B-2 Appeal of Paul Moerman, City Neon, denial of Sign Permit B-3 ]Hearing on Housing Element of The UNFINISHED BUSINESS Pachico from Planning Commission - continued Inc., from Planning Commission General Plan - continued C-1 Recommendations of the Parking Committee C-2 RESOLUTION NO. 59-76 and Use Permit Agreement for Fire Fighters Muster NEW BUSINESS D-]. Consideration of resolutions for League of California Cities annual meeting D-2 RESOLUTION NO. 57-76 adopting tax rate D-3 Consideration of amending agreement with Lawton Powers D-4 Consideration of request to sub -lease Site #150-Wayne and Norma Bickford to Pioneer Transit Mix 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 23, 1976 - 7:30 P.M. Morro Bay Recreation Hall The meeting was called to order by Mayor Mitchell with the Pledge of Allegiance. The invocation was given by Reverend Dear. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland and Shelton; Mayor Mitchell ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of August 9, 1976 A-2 Expenditure Report, 8-1-76 to 8-15-76 (RECOMMEND APPROVAL) A-3 Correspondence A-4 RESOLUTION NO. 56-76 approving Work Study Agreement with Cuesta College (RECOMMEND APPROVAL) A-5 Public Hearing on Noise and Safety Element of General Plan (SET HEARING DATE 9-13-76) A-6 RESOLUTION NO. 58-76 adopting Salary Plan (RECOMMEND APPROVAL) Mayor Mitchell reviewed all items on the Consent Calendar. Correspondence included an invitation from the City of Paso Robles to attend the Third Annual Airport Day and Air Show on Saturday, September 25, and an invitation from the City of Arroyo Grande to attend their annual Harvest Festival on October 2. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-6, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Shelton and unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Public Hearing on appeal of Henry Pachico from Planning Commission denial of Transitional Use Permit - continued Mr. Warden explained that the request of Mr. Pachico for a Transitional Use Permit to allow a restaurant in an R-4 District was continued from the meeting of August 9, 1976, in order to provide clarification of transitional use permit concerns. The applicant's land lies in an R-4 Zone adjacent to a P-D Zone. A transitional use permit has been requested changing the OVERLYING zone to P-D. However, the UNDERLYING zone shown on the Land Use Element of the General Plan would still be "very high density residential." The City Attorney stated that the Government Code requires that zoning ordinances be consistent with the General Plan. Jim Nuzum, Planning Director, Municipal Code, the uses permitted generally conforms to the land use city. The General Plan designates aurant would not be permitted. stated that in accordance with the in a P-D zone are any use which element of the General Plan of the the subject land as R-4 and a rest- MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL - August 23, 1976 There was considerable discussion regarding tourist oriented transient facilities. Councilman Shelton stated that this area at the present time is non -conforming, R-1 use in an R-4 zone. He stated that he is in favor of granting Mr. Pacheco the transitional use permit. Mr. Shelton stated that the reason he has been in favor of granting this permit is because he felt that the statement "very high density" in the General Plan was not clearly defined. Mr. Pachico asserted that there were several businesses owned by members of the Council which were located on the waterfront and which were not marine oriented and, consequently, were not in con- formance with zoning. Mr. Pipitone also expressed his favorable reaction to Mr. Pachico's request. Mayor Mitchell asked if he and Mrs. Rowland should disqualify themselves from voting and was answered by Mr. Pachico in the negative. Mrs. Pachico spoke urging the Council to be fair. After further discussion, the following motion was made: MOTION: Councilman Pipitone moved that the Council approve the Transitional Use Permit request of Henry Pachico. The motion was seconded by Councilman Shelton and failed on the following roll call vote: AYES: Councilmen Pipitone and Shelton NOES: Councilmen Brown, Rowland and Mayor Mitchell B-2 Appeal of Paul Moerman, City Neon, Inc., from Planning Commission denial of Sign Permit - Virg's Mayor Mitchell disqualified himself as he represented City Neon, and requested Mayor'Pro Tem Brown to conduct this portion of the meeting. Mr. Nuzum stated that Paul Moerman of City Neon, Inc. had re- quested P.D. review of a ground sign for Virg's located at 1215 Embarcadero. The sign as shown on the plans was thirty feet in height whereas heights along the Embarcadero were restricted to twenty-five feet. Mr. Moerman then amended his plan to show an overall height of twenty-five feet for the sign. Later, Mr. Moerman brought revised plans into the Planning De- partment and requested reconsideration of a sign with a height of thirty feet. After considerable discussion during the Planning Commission meeting of August 2, 1976, the sign was approved for a total height of twenty-five feet. Mr. Moerman is now appealing the decision of the Planning Commission and requesting a determination by the Council. Mr. Moerman was present and stated that he had some pictures of the location in question which he would distribute to the Council. He has checked with neighbors, Harbor Hut and P.G.E. and they have no E MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL - August 23, 1976 objections to the thirty foot height. Mr. Brown opened the discussion by saying that heights of signs on the Embarcadero have been held to twenty-five feet. The Council reviewed the pictures presented by Mr. Moerman and after discussion the following motion was made: MOTION: Councilman Brown moved that the appeal of the City Neon, Inc. from Planning Commission denial to allow a sign thirty feet in height be denied. The motion was seconded by Councilman Shelton and carried with Councilman Pipitone voting "no" and Mayor Mitchell abstaining. At this time Mayor Mitchell presented a certificate of apprecia- tion to James B. Merzon who had served on the Parks and Recreation Commission from July 23, 1973 to June 7, 1976. Mayor Mitchell ex- pressed the City's appreciation for Mr. Merzon's time and effort in serving on the Commission. B-3 Hearing on Housing Element of the General Plan - continued Mr. Shelton presented his proposed inclusions to the Housing Element of the General Plan which were taken from the Priority Listing of Goals adopted by the Community Goals Committee in 1973. On page 7 of the Planning Commission's recommended changes: GOALS Protection of the Social Environment (a) The quality of life of the permanent residents of the City of Morro Bay.is to be considered paramount in evaluation of proposed development and land use within the City; tourism shall be considered at all times secondary to this primary consideration. (Voted number 1 priority by the Committee.) (b) That all future acts of the City of Morro Bay be measured in such terms as to enhance preservation of the natural beauty of Morro Bay and Morro Rock along with its immediate land configuration and unique qualities. (Number 2) (c) That City of Morro Bay shall define optimum desirable open space throughout the City, and shall exert all available means toward the acquisition, conservation, and/or preser- vation of such areas. (Number 12) (d) To protect and maintain the nature of those existing open spaces in the areas of: 1) sandspit; 2) ocean beaches and dunes; 3) Cerrito Knoll; 4) streams; 5) bay; 6) open unde- veloped slopes northwest of City; 7) State Park; 8) the undeveloped area P.D. Zone north of the high school and west of Highway #l. (Number 14) MINUTES MORRO BAYCITY COUNCIL Regular Meeting n }august 23f .1976 Page Four Growth The proposed portion is acceptable and add: (e) That the growth of Morro Bay should be contingent upon the ability to develop an adequate water supply which is econo- mically feasible. (Number 4) (f) That further development in Morro Bay and the surrounding Estero Bay region be contingent on the financing and establishment of adequate areawide sewer system or systems to meet this development. (Number 5) Ponlulation Stabilization Acceptable as proposed. Public Services Any conflict of interest between new or greatly expanded bus- iness and the residential community shall be resolved in favor of the majority residential interests where possible to do so. (Number 10) Mayor Mitchell stated that he had comments about several of the proposed inclusions to the Housing Element; 1) in paragraph (a), what does "quality of life" mean? In his opinion, it is so general that it renders the whole thing meaningless. On (b), do we mean "projects" of -the City.rather than "acts"? Mayor Mitchell stated that he had in- serted some words in paragraph (b) as follows: "That the City of Morro Bay provide a means whereby projects within the City may be considered and weighed against a policy intended to enhance the preservation and natural beauty of Morro Bay and Morro Rock along ......." Councilman Rowland stated that in her opinion the Housing Element already contained dialogue containing the same meaning as (a) and (b) only in a shorter way. Councilman Brown asked if the Council's recommendations were going back to the Planning Commission and was answered in the affirm- ative by Mr. Nuzum who stated that after Council's recommended changes are complete and sent back to the Planning Commission for their review of the changes, the Planning Commission will then return the Element to the Council for final adoption. After further discussion, the following motion was made: MOTION: Councilman Brown moved that the proposed Housing Element of the General Plan be returned to the Planning Commission with the Council's approval which does not include the material discussed at this meeting. The motion was seconded by Councilman Rowland and carried on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland and Mayor Mitchell NOES: Councilman Shelton MINUTES - MORRO Regular Meeting Page Rive' BAY:CITY COUNCIL ., August 23t_1976 Councilman Pipitone suggested that a copy of Councilman-: Shelton's proposed inclusions to the Housing Element of the General Plan be sent to each member of the Planning Commission. RECESS: 8:55 p.m. UNFINISHED BUSINESS RECONVENED: 9:10 P.M. C-1 Recommendations of the Parking Committee Mayor Mitchell briefed the Council regarding the request by businessmen on the Embarcadero to consider implementing restricted parking zones. The matter was referred to a Parking Committee for recommendations. The Parking Committee has recommended that limited parking be established on the Embarcadero and the matter was then re- ferred to the Public Works and Police Departments for their recommend- ations. Mr. Warden displayed a map depicting those areas which would be restricted to either two or four hour limit parking from 8:00 a.m. to 6:00 p.m. except for the area by the launch ramp which would be re- commended for "No Parking" for the period 2:00 a.m. to 6:00 a.m. The recommendation is that no exception be granted for Saturdays, Sundays, and holidays, as these are the peak congestion periods. The Public Works Department has estimated the cost for signs to post the recommended areas at approximately $975.00. The question of enforcement will also have to be considered. Mr. Warden stated that there are several ways to provide manpower and some of the alternatives considered were: 1) add men to the Reserves to be used as a parking enforcement patrol or 2) hire senior citizens to patrol the Embarcadero and downtown area. If the Council approves establishing restricted parking, the zones could be established by resolution. There were questions raised as to the rationale behind the re- commendations. After discussion, Councilman Pipitone recommended that the Police be granted the extra personnel to patrol the area properly. He recommended that enforcement be done at all times. There was further discussion as to costs and enforcement with the following resulting motion: MOTION: Councilman Pipitone moved that the Parking Committee's recommendations be held in abeyance for the next few months until some parking circulation plan is incorporated into the General Plan. The motion was seconded by Mayor Mitchell and failed with Councilmen Brown, Rowland, and Shelton voting "no". MOTION: Councilman Rowland moved that Council direct Staff to prepare a resolution adopting the Parking Committee's recommendations. Councilman Brown seconded the motion. r-I u MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL r August.23,.1976 After discussion, Councilman Rowland withdrew her motion and Councilman Brown his second. Further discussion resulted in the Council requesting Staff to return to the next meeting with alternatives to the Parking Com- mittee's recommendations, as to the areas to be restricted, costs, and enforcement problem. C-2 RESOLUTION NO. 59-76 and Use Permit Agreement for Fire Fighters Muster Mayor Mitchell stated that this Resolution and Use Permit Agreement request is from the Morro Bay Fire Fighter's Muster Committee for their Muster activities during the period September 18 and 19, 1976. MOTION: Councilman Pipitone moved that Resolution No. 59-76 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 59-76 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 59-76. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. NEW BUSINESS D-1 Consideration of Resolution for League of California Cities annual meeting Mayor Mitchell stated that this item concerns the minutes of the Quarterly Meeting of the Channel Counties Division of the League of California Cities which was conducted in Ojai on August 6, 1976. At that meeting, the City of Santa Barbara proposed a Resolution urging support for Property Tax Reform which resolution was approved. However, the resolution proposed by the City of Carpinteria urging the League of California Cities to sponsor legislation to require the State of California to Provide Financial assistance to cities impacted by State activities was not accepted by the delegates and it was moved that such resolution be forwarded to cities for individual consideration. Mayor Mitchell stated that he would be in favor of submitting both of these resolutions to the League at their annual meeting and let the Conference decide. MOTION: Mayor Mitchell moved that the City of Morro Bay submit both resolutions to the League at their annual meeting and let the Conference decide. The motion was seconded by Councilman Pipitone and it was unanimously carried. D-2 RESOLUTION NO. 57-76 adopting tax rate Mayor Mitchell pointed out that the tax rate for Fiscal Year 1976/77 is fixed at $1.00 on each $100.00 of assessed valuation which is the same as it has been in the past. Councilman Pipitone mentioned the fact that there was an increase MINUTE$ M0P4�O Regular Meeting Page $even BAY CITY COUNCIL n A6gu5t 23(.1976 in the adjusted net value by $3,505,031 as compared to Fiscal Year ' 1975/76: This will generate an increased revenue of $35,050 over that which was estimated for this year's budget, which should com- pensate in part for the salary adjustments. He asked what percentage it covered and was answered "roughly 50%". MOTION: Councilman Brown moved that Resolution No. 57-76 adopting the tax rate, be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 57-76 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 57-76. The motion was seconded by Councilman Shelton and unanimously carried by roll call vote. D-3 Consideration of amending agreement with Lawton Powers Mayor Mitchell stated that this matter concerns the property next to Hobo Joe's restaurant and originally was a part of a total development and Council allowed a lot split on condition that the balance be developed into a "mini shopping center". The request is now that they be relieved from that responsibility so that he can sell the property to a prospective developer. Since the City Council has released the cash bond, there is no longer any means to enforce the agreement. The Planning Commission has recommended that City Council amend their agreement with Lawton Powers to allow the property to be sold and developed with C-1-N uses subject to review by the Planning Commission. After discussion, the following motion was made: MOTION: Councilman Brown moved that Lawton Powers be relieved from the development required in the previous agreement, subject to review of the C-1-N uses approved by the Planning Commission. The motion was seconded by Councilman Pipitone. Under discussion, Mayor Mitchell inquired what C-1-N uses are, and was told by Mr. Nuzum that C-1-N uses are commercial, and neigh- borhood shopping. The zone is R-4. After further discussion: The motion was carried unanimously. D-4 Consideration of request to sub -lease Site No. 150 - Wayne and Norma Bickford to Pioneer Transit Mix Mayor Mitchell stated that this should have been "King City Transit Mix, Inc.," however, the Morro Bay plant will do business as Pioneer Transit Mix. Mike LeSage stated that he has reviewed the sub -lease and it appears in order except for one provision on page 10 which does not give the right to encumber the lease. The City has had a policy against lease sites being encumbered. After discussion, the following motion was made: 0 MINUTES MORRO BAY CITY COUNCIL Regular Meeting August 23; 1976 Page Eight MOTION: Councilman Brown moved that Council direct Staff to prepare a resolution for the sub- lease of Site#150, Wayne and Norma Bickford, to King City Transit Mix., Inc. with the condition that the item on page 10 concerning encumbering the lease be resolved. Councilman Shelton seconded the motion and it was unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Brown stated that the information received from Ernest Morales, Mayor of the City of Fillmore, regarding the funding of the League of California Cities Headquarters Building in Sacramento, indicates Morro Bay's share for the Building Assess- ment to be $1,505. Mr. Brown wanted to determine the Council's feeling on the funding and if they agree to participate, would then determine if they agree to a 3 year pay-off without interest. Mr. Brown stated that he had also sent this information to the other cities in San Luis Obispo County to get their feeling on the matter. It was agreed that the City of Morro Bay would be willing to pay their share on a 3 year basis. E-2 City Attorney Mr. Leaage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden discussed the Joint Powers Agreement of the Area Planning Council. He stated that 75% of the population with- in the area must be represented in order for an area council to function. Mr. Warden asked that Council think about whether Morro Bay should enter into a new Joint Powers Agreement and' -.that the matter would be brought up at the next meeting. (2) Mr. Warden distributed information regarding SB1277 - Coastal Control Legislation. (3) Mr. Warden asked for a motion authorizing Murray L. Warden to execute and administer the grant from the Urban Mass Transportation Agency. MOTION: Councilman Brown moved that Murray L. Warden, City Clerk, be allowed to execute and administer the grant from the Urban Mass Transportation Agency. The motion was seconded by Mayor Mitchell and unanimously carried. (4) Mr. Warden requested an executive session to discuss a personnel matter. MOTION: Councilman Brown moved that the meeting be adjourned to executive session. Councilman Pipitone seconded the motion and it was unanimously carried. 0 MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL Au gust'23, 1976 The meeting adjourned to executive session at 10:35 p.m. and returned to regular session at 11:04 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 11:05 p.m. RECORDED BY: MURRAY L. WARDEN City Clerk By: Barbba--ra Finley Q Acting Deputy City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, August 9, 1976, 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 Henry J. Pachico from Planning Commission denial of a Transitional Use Permit to allow a restaurant at 221 Driftwood 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: July 22, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California y: M. L. WARDEN, City C er NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on. Monday, August 9, 1976, 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 1976-77 Final Budget; at which said hearing any person interested may appear and express his views for, against, or in modification of said budget. DATED: July 29, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California - BBy: ' tM. L. WARDEN, City erk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, August 9, 1976, 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 Robert Poudrier from Planning Commission denial of a variance to allow struc- tural alterations to a nonconforming residen&e"at 1298 Clarabelle Drive, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against, or in modification of said appeal. DATED: July 22, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M. L. WARDEN, City Clerk C, i CITY OF M,ORRO BAY AGENDA - CITY COUNCIL MEETING,: August 9, 1976 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 26, 1976 A-2 Minutes of the executive meeting of July 26, 1976 A-3 Expenditure Report, 7-16-76 through 7-31-76 (RECOMMEND APPROVAL) A-4 Resolution No. 51-76 directing that the unpaid charges for weed abatement be forwarded to the County Auditor for inclusion on the 1976-77 tax rolls (RECOMMEND ADOPTION) A-5 Resolution No. 52-76 approving agreement with San Luis Obispo County Hotline, Inc. (RECOMMEND ADOPTION) A-6 Resolution No. 53-76 approving agreement with Morro Bay Senior Citizens, Inc. (RECOMMEND ADOPTION) HEARINGS, APPEARANCES AND REPORTS B-1 Appeal of McIntyre/Sims from Fire and Building Department require- ments for duplex on Scott Street, Morro Bay B-2 Appeal of Robert Poudrier from Planning Commission denial of a variance to enlarge existing nonconforming residence B-3 Public hearing on amending the Zoning Ordinance to delete pro- visions from transitional use permits B-4 Appeal of Henry Pachico from Planning Commission denial of a transitional use permit to allow a restaurant in an R-4 District B-5 Public hearing on Housing Element of the General Plan - continued B-6 Public hearing and adoption of Resolution No. 54-76 approving and adopting a budget for fiscal year 1976-77 UNFINISHED BUSINESS C-1 Consideration of dedication of Ponderosa Street C-2 Consideration of Dial -A -Ride agreements NEW BUSINESS D-1 Consideration of citizen complaint of motorcycle D-2 Approval for forwarding Improvement District No. County Auditor for inclusion on 1976-77 tax rolls D-3 Resolution No. 55-76 approving submission of City Annual Transportation Claim INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator nuisance 6 charges to of Morro Bay a MINUTES - MORRO BAY CITY COUNCIL.. Regular Meeting August 9, 1976. 7.30 p.m. Morro Bay Recreation Hall The meeting was called to order by Mayor Pro Tem Brown with the Pledge of Allegiance. 'Councilman Brown then expressed regret at the passing of former Mayor Fred Donohoo and sympathy for his family. He asked Reverend Dear to give the invocation and that Mayor Donohoo be remembered in these prayers. Reverend Dear gave the invocation. Mr. Warden advised the Council of funeral arrangements and where memorial donations could be 'sent. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland and Shelton ABSENT: Mayor Mitchell CONSENT CALENDAR A-1 Minutes of the regular meeting of July 26, 1976 A-2. Minutes of the executive meeting of July 26, 1976 A-3 Expenditure Report, 7-16-76 through 7-31-76 (RECOMMEND APPROVAL) A-4 Resolution No. 51-76 directing.that the unpaid charges for weed abatement be forwarded to the County Auditor for inclusion on the 1976-77 tax rolls (RECOMMEND ADOPTION) A-5 Resolution No. 52776 approving agreement with San Luis Obispo County Hotline, Inc. (RECOMMEND ADOPTION) A-6 Resolution No. 53-76 approving agreement with Morro Bay Senior Citizens, Inc. (RECOMMEND ADOPTION) Councilman Brown reviewed all items on the Consent Calendar. MOTION: Councilman Pipitone moved for the approval of the Consent Calendar, Items A71 through A76, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Shelton and unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Appeal of McIntyre/Simjs from Fire and Building Department require- ments for duplex on Scott Street, Morro Bay Mr. Nuzum stated that the applicant had requested a building permit to construct a three-story duplex on a lot which is approxi-. mately 1400 feet from the nearest fire hydrant. The Fire Department has recommended that a six inch line be extended and a new fire hydrant located at the nearest intersection to the property at a cost to the property owner of approximately $7,000. There were several alternatives discussed as to the apportionment of this large expenditure to other property owners in the immediate vicinity or for others to be required to reimburse the applicant if other properties were developed or redeveloped with a benefit to them from the main extension; discussion also included formation of an assessment district Mr. Jim Sim, one of the applicants, explained the process they had been through thus far to obtain a permit to build their duplex. He felt that the City staff should have come up with the information 4 MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL August 9, 1976 regarding the fire hydrant long before the project had advanced this far. Comments were also heard from applicants Mrs. Sim and Mr. and Mrs. McIntyre and from their architect Mr. Tom Russell. Council members were not in favor of penalizing the property owner at this point, however, felt that other critical areas of the City should be looked at for possible upgrading. MOTION: Councilman Brown moved that the Sim/McIntyre people be relieved of the requirement set by:the Building. Department'.for .the installation of a new fire hydrant. The motion was seconded by Councilman Pipitone. There was further discussion on the motion. The motion was carried with Councilman Shelton voting no. MOTION: Councilman Brown moved that Staff submit to Council the requirements and designated areas for fire flow upgrading for their considera- tion. The motion was seconded by Councilman Pipitone and unanimously carried. B-2 Appeal of Robert Poudrier from Planning Commission denial of a variance to enlarge existing nonconforming residence Mr. Nuzum reported that Mr. Poudrier has submitted revised plans which would include a garage on his property and, therefore, there is no issue before the Council this evening. B-3 Public hearing on amending the Zoning Ordinance to delete provi- sions from transitional use permits Mr. Nuzum explained that the Council had directed the Planning Commission to hold hearings and consider deletion from the Zoning Ordinance of transitional use permit provisions. The Planning Commission had held hearings on it and recommended to City Council that the provision be deleted from the Zoning Ordinance. Councilman Shelton was of the opinion that doing away with transi- tional use permits would be taking away rights from the citizens. He felt that since a transitional use permit requires the applicant to come before the Planning Commission for approval at any rate, these safeguards would protect the permit from being misused. Councilman Pipitone agreed. Councilman Brown declared the hearing open at 8:44 p.m. Henry Pachico spoke against deleting the transitional use permit from the Zoning Ordinance. Tom Cantine spoke in favor of deleting this provision stating that if an applicant gets before a sympathetic body and makes a good presentation, he can get anything through. Paul Kelsey spoke in favor of the deletion stating that the Council should also worry about the rights of citizens on the other side of the fence, those that buy property thinking that there are certain uses allowed and then someone obtains a transitional use permit and the people are living next door to something they didn't think was allowed in that particular zone. MINUTES MORRO BAY CITY COUNCIL Regular Meeting August.9, 1976 Page Three Jane Orvis suggested that the ordinance .be amended to allow transi- tional use permits only when like used were adjacent. The hearing was closed at 8:52 p.m. Councilman Shelton stated that he saw.no real reasons for deleting this provision from the ordinance; he would like to see evidence where people have been harmed by its use. Councilman Brown felt that the use of the transitional use permit was selective in that only those persons with property on zone boundary lines could request a transitional use permit. MOTION: Councilman Shelton moved that the request to amend the Zoning Ordinance to delete transitional use permits be denied. The motion was seconded by Councilman Pipitone and failed with Councilmen Brown and Rowland voting no. B-4 Appeal of Henry Pachico from Planning Commission denial of a transitional use permit to allow a restaurant in an R-4 District Mr. Nuzum explained that Mr. Pachico was requesting a transi- tional use permit to allow the conversion of an existing residence into a restaurant. He explained that the zone boundary of R-4 and PD runs through the center of the existing building or between the two lots on which the building is located. He stated that the use requested is Planned Development which, under permitted uses in the Zoning Ordinance, allows restaurants. However, the over-riding docu- ment in this -case, and by State law, is the Land Use Element of the General Plan which designates the subject property as"very high density residential" and does not permit restaurants. There was considerable discussion with regard to this matter with Councilman Shelton maintaining that PD uses allow restaurants and, therefore, that use was proper in this instance. Council members decided that this matter should be continued to the next meeting of the Council where Staff would illustrate, in writing, the uses allowed in this instance. MOTION: Councilman Shelton moved that this matter be continued to the next meeting of the Council. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Pachico indicated that he was agreeable to this proposal. B-5 Public hearing on Housing Element.of the General Plan Councilman Brown stated that since this subject will require considerable discussion,, Council members will postpone discussion until finishing the rest of the agenda. B-6 Public hearing and adoption of Resolution.No. 54-76 approving and adopting a budget for fiscal year 1976-77 MOTION: Councilman Pipitone moved that Resolution No. 54-76 be read by title only. The motion was seconded by Councilman Shelton and unanimously carried. Mr. Warden read Resolution No. 54-76 by title only. 41 MINUTE$ - MORRO Regular Meeting Page Four BAY CITY COUNCIL August 411976 Councilman Brown declared the hearing open to the public at 9:38 p.m. As there were no comments from the public, the hearing was closed at 9:39 p.m. MOTION: Councilman Brown moved for the adoption of Resolution No. 54-76. The motion was seconded by Councilman Pipitone and carried on the following roll call vote: AYES: Councilmen Brown, Pipitone and Rowland NOES: Councilman Shelton ABSENT: Mayor Mitchell UNFINISHED BUSINESS C-1 Consideration of dedication of Ponderosa Street Mr. Warden stated that the Council had previously received a request to accept dedication of Ponderosa Street and had agreed that they would accept dedication if the street were first brought up to City standards by the property owners. Mr. Warden requested that Council authorize the City Clerk and Mayor to enter into an agreement with the property owners to bring the street up to those standards. The Council will then be presented with an offer of dedication. MOTION: Councilman Brown moved that the Mayor and -'City Clerk be authorized to enter into an agreement with the property owners on Ponderosa Street for street improvements. The motion was seconded by Councilman Pipitone and unanimously carried: C-2 Consideration of Dial -A -Ride agreements Mr. Warden advised Council that the City had received a grant from the Urban Mass Transportation Agency in the amount of $73,000 to assist in the City's transit system. He outlined several conditions of the grant which he did not feel would, administratively, pose any insurmountable problems. He asked for Council's acceptance of the grant and to direct Staff to proceed with the implementation of the program. Secondly, he suggested Council initiate a contest to establish a name for the new bus system and offer a $50 bond as a prize for the winning participant. Thirdly, Mr. Warden asked Council members to approve the agree- ments between the City and Dave Systems for the -start-up and operation and maintenance of the transit system. MOTION: Councilman Brown moved that Staff be directed to .proceed with processing the'UMTA grant of $73,000. The motion was seconded by Councilman Pipitone and unanimously carried. MOTION: Councilman Shelton moved that Staff initiate a name contest for the buses providing for a $25 savings bond for first prize, $15 for second prize and $10 for third prize. L] MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL August 9, 1976 After discussion, it was decided that..there need only be one winner and, therefore,. one prize. The motion died for lack of a second. MOTION: Councilman Brown'moved that Staff proceed with the name contest for the buses and offer as prize a savings bond with a face value of $50. The motion was seconded by Councilman Rowland and carried with Councilman Pipitone voting no. MOTION: Councilman Pipitone moved that Council instruct the City Administrator to enter into a contract with Dave Systems for start-up and operation and management of the Dial -A -Ride system. The motion was seconded by Councilman Shelton.and unanimously carried by roll call vote. NEW BUSINESS D-1 Consideration of citizen complaint of motorcycle nuisance Mr. Warden advised the Council that he had received two letters signed by numerous citizens complaining of noise and dust from motor- cycles riding in the area north of the high school. He stated that he had requested and received sample ordinances. from cities who have prohibited riding of motorcycles on private property without the express written permission of the owner of the property. Presently, "no trespassing" laws are difficult to enforce and this type of ordin- ance would give the police an effective handle in abating this nuisance. MOTION: Councilman Shelton moved that Staff be directed to prepare an urgency ordinance for the purpose of prohibiting motorcycles from riding on private property without the written permission of the property owner. The motion was seconded by Council- man Brown and unanimously carried. Edward Vernon read portions of the California Vehicle Code regarding motorcycles and was of the opinion that the police already had an effec- tive handle to abate the nuisance of motorcycles in this area. D-2 Approval for forwarding Improvement District No. 6 charges to County Auditor for inclusion on 1976-77 tax rolls MOTION: Councilman Brown 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 1976-77 tax rolls and also that any assessments uncollected from previous years for Improvement District No. 6 be added to the 1976-77 tax rolls. The motion was seconded by Councilman Shelton and unanimously carried. D-3 Resolution No. 55-76 approving submission of City of Morro Bay Annual Transportation Claim Mr. Warden explained that the proposed claim is for the full entitlement to the City of Morro Bay. The County had initially pro- MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL August 9,,1976 posed to hold back $25,OOO of the City's $80,:000.for.a County -wide transportation system. Ater discussion with.the Area Council, it was decided that the cities would receive their full share and would reimburse the County for a County -wide transportation system if and when it is established and if it meets the City's needs. A portion of the monies, $8,154.90 were proposed to be back for an elderly and handicapped system. MOTION: Councilman Brown moved that the City Administrator be directed to submit a claim for $80,000 of SB 325 funds and notify the County that when an elderly and handicapped system is designed and ready for imple- mentation, $8,154.90 will be made available to them. The motion was seconded by Councilman Shelton and unanimously carried. MOTION: Councilman Pipitone moved that Resolution No. 55-76 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 55-76 by title only. > MOTION: Councilman Brown moved for the adoption of Resolution No. 55-76. The motion was seconded by Councilman Shelton and unanimously carried. RECESS 10:12 p.m. RECONVENED 10:20 p.m. Councilman Pipitone brought up Item B-2, Appeal of Robert Poudrier and discussed the situation whereby people ignore City laws and under- take building projects without first obtaining a permit and then are allowed to continue because the building has already been completed. He asked about the citation of these violators. Mr. warden stated that the City attempts to work with the offender to see if the problem can be rectified before citing, but if unable to resolve the problem, citations are issued. B-5 Public hearing on Housing Element of the General Plan - continued Councilman Brown suggested that Council review the items recommended for deletion or change by the Planning Commission and perhaps discuss any Council additions at the next meeting. The following suggestions are made: Page 7 - Approved as recommended by the Planning Commission. Page 8 - Housin Code' Enforcement. Strike last words "housing quality" and ad adequate ealt and safety standards for existing housing. Zoning. An additional goal should be "More creative zoning in the form of compatible uses should be developed." Page 9 - Council members asked Staff to investigate whether the statement under number 4 is still true with regard'to a "stay at home" attitude due to the energy crisis. Page 12 - The first sentence in number 4 should read "It has been 0 6 MINUTE,4 MORRO BAY CITY COUNCIL Regular Meeting August 9., .1976 Page 'Seven observed that housing maintenance appears to..be deficient in some areas of the City." Delete 'number 5. Reinstate number 7. Pages 79 and 80 - Council asked that Planning Commission again consider these pages for inclusion in the 'Housing Element. Page 83 - Council recommended that this page remain in the Element. Page 84 - Keep in top of page 84. Also include paragraphs under Incentive Concepts and Planned Unit Development. Page 85 - Top sentence strike "complementary commercial uses" and insert "compatible uses". Page 87 - Leave in the paragraph under Property Maintenance and Improvement Guide. Page 88 - Leave in paragraph under Housing Information System. Councilman Shelton stated that he would like some of the statements made by the Community Goals Committee several years ago included in portions of this Element. It was suggested that Councilman Shelton write these statements out and they can be reproduced for Council con- sideration at their next meeting. It was noted that after Council's recommended changes are complete, the Element will have to be returned to the Planning Commission for their review of these changes and then back to Council for final adoption. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Pipitone reported that he had received a call regarding a Civil Defense department in the City. Mr. Warden advised that the Chief of Police had an emergency actions plan and would be initially responsible for implementing emergency measures if they become necessary. E-2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden stated.that a complaint•had.been filed with OSHA by Ruth -Blanco charging unsafe conditions at the Police Department. The charges were not substantiated by the OSHA inspector. He did, however, write --:up two minor.conditions which are being corrected. (2) Mr. Warden stated that at the last meeting, the Council had approved salary increases for the Police and Fire personnel. He said that he would like to put this increase into effect as of 0001 July 27, 1976, if the Council concurred. No objections were voiced. MINUTE$ MORRO BAY CITY COUNCIL Regular Meeting August 9,,1976 Rage Eight ADJOURNMENT MOTION: Councilman Pipitone'moved that.the meeting be adjourned.. The 'motion was seconded by Council- man Shelton and unanimously carried. The meeting adjourned at 11:27 p.m. Recorded by: M. L. WARDEN, City Clerk .i.( elll.0 'e" 6/0 By: Ardith Davis Deputy City Clerk • i NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, July 26, 1976, et 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the appeal of Alan S. Dutcher from Planning Commission denial of a Variance to allow a motel with a zero foot sideyard setback and a five foot front setback, 645 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: July 9, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M. L. WARDEN, City Cleft, NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, July 26, 1976, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the recommendation of the Planning Commission to amend the Zoning Ordinance by deleting provisions for Transitional Use Permits; at which said hearing any person interested may appear and express his views for, against, or in modification of said proposed amendment. DATED: July 9, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California vV By: WARDEN, City Clerk • `: CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING July 26, 1976 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 12, 1976 A-2 Minutes of the executive meeting of July 12, 1976 A-3 Expenditure Report, 7-1-76 through 7-15-76 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Appeal of Robert Poudrier from Planning Commission denial of a variance (SET HEARING DATE FOR AUGUST 9, 1976) A-6 Appeal of Henry J. Pachio from Planning Commission denial of a Transitional Use Permit (SET HEARING DATE FOR AUGUST 9, 1976) HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing on appeal of William D. Frost from Planning Commission denial of a Use Permit for a 58-unit motel - continued B-2 Public hearing on appeal of Alan S. Dutcher from Planning Commission denial of a variance regarding setbacks B-3 Public hearing to consider amending the Zoning Ordinance to delete provisions for. Transitional Use Permits B-4 Public hearing on Housing Element of the General Plan - continued B-5 Consideration of expansion plans for Fish Bowl #2 UNFINISHED BUSINESS C-1 Resolution of Morro Bay Firefighters Union declaration of impasse concerning 1976-77 Memorandum of Understanding negotiations C-2 Resolution of Morro Bay Peace Officers Association declaration of impasse concerning 1976-77 Memorandum of Understanding negotiations NEW BUSINESS None INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council EE-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 26, 1976 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of July 12, 1976 A-2 Minutes of the executive meeting of July 12, 1976 A-3 Expenditure Report, 7-1-76 through 7-15-76 (RECOMMEND APPROVAL) A-9 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Appeal of Robert Poudrier from Planning Commission denial of a variance (SET HEARING DATE FOR AUGUST 9, 1976) A-6 Appeal of Henry J. Pachico from Planning Commission denial of a Transitional Use Permit (SET HEARING DATE FOR AUGUST 9, 1976) Mayor Mitchell reviewed all items on the Consent Calendar. Under correspondence was a letter from Virginia Rydall protesting Council's approval of the radio tower on Kings Avenue at a previous Council meeting. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-6, 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 Public hearing on appeal of William D. Frost from Planning Commission denial of a Use Permit for a 58-unit motel - continued Mayor Mitchell stated that the City had received correspondence from Mr. Frost indicating that he wished his appeal removed from the Council agenda indefinitely. Mayor Mitchell stated that this matter will not appear on the agenda again until so requested by the appli- cant. B-2 Public hearing on appeal of Alan S. Dutcher from Planning Commission denial of a variance regarding setbacks Mr. Nuzum explained that the applicant was asking for a five foot frontyard setback where the Zoning Ordinance requires a fifteen foot setback and a zero foot sideyard setback along the southerly property line where the Zoning Ordinance requires a five foot setback. The Planning Commission, after consideration of this request, unanimously denied it on the grounds that there is no justifiable public interest established in granting a variance and there are no exceptional characteristics of the building. The Public Works Department has recommended that the required sideyard setback be maintained because of a sewer line lying along the property line. 0 MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL July 26, 1976 Mayor Mitchell stated that he would refrain from discussion in this matter since his law firm represents the appellant, and turned the meeting over to Councilman Brown. Councilman Brown asked if the appellant wished to make a presen- tation and Mr. Dutcher presented Council'with a drawing depicting what the proposed remodeling of the motel would look like. He stated that this is an old motel and they are trying to improve the neigh- borhood by renovating it. He pointed out that he could build a three story motel without requesting a variance. In order to preserve the view and sunlight for other properties, however, he is asking for the variance which will allow him to keep the structure at a two story level. With regard to the sewer main, he has discussed relocation with the property owners involved and.they are willing to work with him to effect the relocation. Mr. Warden discussed the sewer main and asked'if Mr. Dutcher would be willing to pay for a main on Marina or Morro as this would not be the City's responsibility. Councilman Brown declared the hearing open at 8:00 p.m. and called for presentations regarding this appeal. Mr. Thomas Cantine asked the Council to consider the fact.that one side of this building would be 200 feet of blank wall and stated that this fact negates the overall attractiveness of the front view of the structure as proposed. Mr. Dutcher stated that if he proceeds with what the Zoning Ordinance currently allows him, that is a three story structure with the setbacks required, there will be a 250 foot blank wall. Also, his architects have studied alternatives to the proposal and found that this is the best one. As there were no further comments, the hearing was closed at 8:07 p.m. Council members felt that the variance could be granted if the sewer main relocation problem could be worked out. Staff was directed to work with Mr. Dutcher towards a solution to this problem and bring the matter back to Council August 9th. Mayor Mitchell resumed charge of the meeting. B-3 Public hearing to consider amending the Zoning Ordinance to delete provisions for Transitional Use Permits B-4 Public hearing on Housing Element of the General Plan - continued Mayor Mitchell noted that these two items had been recommended for continuance due to the anticipated length of tonight's meeting. MOTION: Councilman Shelton moved that because of .the antici- pated length of tonight's meeting, Items B-3 and B-4 be continued to -the next regular meeting of the City Council. The motion was seconded by Councilman Brown and unanimously carried. B-5 Consideration of expansion plans for Fish Bowl #2 Mayor Mitchell explained that the Planning Commission had approved the expansion plans for the Fish Bowl #2 and that it was in order for MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 26, 1976 Page Three Council to approve the plans.including the extension over the water area of the lease. Mayor Mitchell turned the meeting over to Councilman Brown stating that he has a conflict of interests in this matter in that his law firm represents the applicant. Councilman Brown asked if there were any presentations regarding this matter. He asked Mr. Nuzum if the proposed ramp is for public use. Mr. Nuzum stated that it is. MOTION: Councilman Brown moved that Council approve the expansion plans for Fish Bowl #2 as presented and approved by the Planning Commission. The motion was seconded by Councilman Shelton and carried with Mayor Mitchell abstaining. UNFINISHED BUSINESS C-1 Resolution of Morro Bay Firefighters Union declaration of impasse concerning 1976-77 Memorandum of Understanding negotiations Mayor Mitchell informed the public that this is not a public hearing, but a hearing in public. He felt that some ground rules were necessary since this is the first time an impasse hearing has been before the City Council. He stated that he would hear first from a representative of the Firefighters, then from the City's negotia- tor, Mr..Warden, and then he would hear rebuttal arguments from both parties. He would not, however, recognize comments from the public. Jim Tracy, a member of the Morro Bay Firefighters which is a local of the International Association of Firefighters, AFL-CIO, introduced Mr. Vince Riddle, Vice President of the State IAFF organi- zation, and stated that Mr. Riddle would represent the Morro Bay Fire- fighters in this matter. . Mr. Riddle reviewed comparative salaries in the general area . and pointed out the percentage difference between Morro Bay and other areas. He felt that there should be a catch up this year and stated that the Firefighters were asking for a 9.2% salary increase. He emphasized the hazardous conditions to which firefighters are exposed and alleged that their salaries do not permit them to purchase a home in Morro Bay. The Firefighters are also asking for the City to cover the increased costs in the medical insurance premiums. Mr. Warden outlined the salary differences for firefighters in the City of Morro Bay as compared to Lompoc, City of San Luis Obispo, San Luis Obispo County, Santa Maria, and Atascadero with regard to their base pay. He then outlined the fringe benefit costs for work- men's compensation, retirement, medical and dental insurance, uniforms, and vacation which showed that the City of Morro Bay was very much in line with other communities. Mr. Warden emphasized that the total package of compensations should be considered and not just the base pay. The City spends a considerable amount on employees benefits. He also pointed out that the Consumers Price Index used to compute the cost of living is a guideline and not an absolute figure. Mr. Warden pointed out that the Council has to decide how much they wish to pay for certain jobs, how difficult it is to get applica- tions for jobs and the relationship of personnel costs to overall 11 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL July 26, 1976 City costs. He reminded them that.the City has approximately $30,000,000 in major projects which will be facing the City in the near future. He stated that the Council's last offer of 6.98% on base salary would represent one of the higher settlements in this area. The Firefighters' request of 9.2% on base salary would equate to approximately 14 1/28 total package. Mr. Riddle criticized the City's bargaining practices and stated that they were not showing good faith to send ina representative with a figure that remains the final figure; if this was the case, there was no sense in bargaining. Councilman Pipitone informed Mr. Riddle that the first figure Mr. Warden had gone into the sessions with was not the final figure authorized by Council members; that figure had been changed several times. Mr. Warden stated that the negotiations had been extensive and that the law does not require that the negotiators come to an agree- ment; only that they shall "meet and confer in good faith". Mayor Mitchell stated that the Council had several options; they could agree to the Firefighters proposal, agree to some additional amount in between the City's last offer and the request of the Fire- fighters and instruct the City Administrator in executive session as to those changes; or stand by their last offer. Further, this meeting could be continued in order to give the Council a chance to think over the viewpoints as presented. Mayor Mitchell suggested adjourning this meeting to a special meeting for the purpose of discussing the matter. further. Council members discussed the merits of continuing the matter with Councilman Rowland stating that the Council was hedging and that they had heard all pertinent information. Both Councilmen Pipitone and Rowland stated that they had heard nothing new. Councilman Rowland stated that after this discussion, maybe the City should make adjust- ments to the basic salary instead of providing benefits. Councilman Brown pointed out that the associations have negotiated for these benefits as well as salaries. MOTION: Councilman Pipitone moved that Council postpone their decision to a special meeting sometime later this week. The motion died for lack of a second. Councilman Shelton felt that the decision -could be made this evening since -it appeared that all information available had been con- sidered. Councilman Pipitone thought perhaps more figures were needed with regard to the effect of the City's proposed salary increase. MOTION: Councilman Brown moved that Council stay with their last position and that the impasse be resolved in that manner. The motion was seconded by -Councilman Rowland and unanimously carried by roll call vote. RECESS 9:17 p.m. RECONVENED 9:30 p.m. C-2 Resolution of Morro Bay Peace Officers Association declaration of impasse concerning 1976-77 Memorandum of Understanding negotiations 0 0 MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL July 26;' 1976 Mayor Mitchell stated that the same guidelines as set forth for the impasse with the Firefighters would apply in this matter. Leonard Roders, representing the Morro.Bay Peace Officers Associa- tion, outlined the areas of concern to the officers; staffing, salaries, equipment, training, etc. He'stated that the basic concern of the police officers is the safety of the citizens of the City of Morro Bay. Mr. Roders talked about low morale in the department, poor and useless equipment, dangerous crimes in Morro Bay with improper staffing to cope with it. Mr. Roders compared the Morro Bay police officers' salaries with other communities and stated that the Morro Bay officers were inadequately paid. Mr. Warden stated that the Council would have to decide how much to pay for safety and how adequate the levels of police protection were. He pointed out that many of the problems alluded to by Mr. Roders had been discussed by Council and recommendations made and implemented to solve the problems long before Mr. Roders appeared on the scene. He stated that the City never lacks for applications from experienced men when advertising for positions. Mr. Warden compared salaries of police departments in this County and showed that Morro Bay's police officers are paid comparative to other cities in this area. Mr. Warden also stated that several of the items listed in the Association's demands are not within the purview of the Association, but are strictly management items and, therefore, non-negotiable. Mr. Roders asserted that the City Administrator was pushing aside the officers' problems. Mr. Warden responded that the great majority of his time during the last four to six months has been spent on police problems and that the Council has also spent numerous hours on the Police Department as well. Mayor Mitchell agreed and stated that he has heard nothing new in'.this meeting and felt that the Council had taken a position on this matter that he can find no fault with at this point. Councilman Pipitone asked if the salary increase requested by the police officers would solve their morale problem. Mr. Roders stated that it was a start in the right direction. All Council members felt that police department problems had been under serious consider- ation and attempts were being made to solve these problems. MOTION: Councilman Shelton moved that Council remain with the last offer that was made. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. Mr. Warden stated that this last offer was a 6.45% basic salary increase plus .53% shooting pay increase, same vacation schedule and no retroactivity. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Council members had nothing to report at this time. E-2 City Attorney Mr. LeSage had nothing to report at this.time. 0 1 • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 26,.1976 Page Six 0 E-3 City Administrator (1) Mr. Warden requested an executive session to discuss personnel matters. RECESS 10:45 p.m. RECONVENED 10:49 p.m. ADJOURNMENT MOTION: Councilman Shelton moved that the meeting adjourn to executive session to discuss personnel matters. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned to executive session at 10:49 p.m and returned to regular session at 11:33 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 11:33 p.m. Recorded by, M. L. WARDEN, City Clerk By: Ardit Davis Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING July 12, 1976 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 adjourned regular meeting of June 28, 1976 A-2 Minutes of the regular meeting of June 28, 1976 A-3 Minutes of the executive meeting of June 28, 1976 A74 Minutes of the special meeting of July 7, 1976 A-5 Expenditure Report, 6-16-76 through 6-30-76 (RECOMMEND APPROVAL) A-6 Resolution No. 46-76 requesting the State of California Department of Finance, Office of Population Research to prepare a population estimate for the City of Morro Bay (RECOMMEND ADOPTION) A-7 Resolution No. 47-76 accepting work and giving notice of comple- tion for traffic line striping (RECOMMEND ADOPTION) A-8 Resolution No. 48-76 approving grant of Use Permit Agreement to Friends of Roandoak (RECOMMEND ADOPTION) A-9 Resolution No. 49-76 approving Agreement with Morro Bay Chamber of Commerce for fiscal year 1976-77 (RECOMMEND ADOPTION) HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing on Housing Element of the General Plan - continued B-2 Public hearing on 1976-77 Budget, Resolution No. 50-76 approving and adopting an interim budget for the fiscal year 1976-77 B-3 Public hearing on vehicle abatement B-4 Public hearing on resolution amending Employer -Employee Relations Resolution with regard to recognition of police unit UNFINISHED BUSINESS None NEW BUSINESS D-1 Consideration of Memorandum of Understanding between the City of Morro Bay and the Morro Bay City Employees Association D-2 Adoption of interim authorization to continue payment of employee salaries pending agreement for new Memoranda of Understanding INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator 0 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, July 12, 1976, 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 1976-77 Budget; at which said hearing any person interested may appear and express his views for, against, or in modification of said budget. DATED: June 29, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California 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, July 12, 1976, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider an amendment to the "Employer -Employee Relations Resolution" to define a representational unit for peace officers; at which said hearing any person interested may appear and express his views, for, against, or in modification of said amendment. DATED: June 29, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M. L. WARDEN, City Clerk MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 12, 1976 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell ABSENT: None CONSENT CALENDAR A-1 Minutes of the adjourned regular meeting of June 28, 1976 A-2 Minutes of the regular meeting of June 28, 1976 A-3 Minutes of the executive meeting of June 28, 1976 A-4 Minutes of the special meeting of July 7, 1976 A-5 Expenditure Report, 6-16-76 through 6-30-76 (RECOMMEND APPROVAL) A-6 Resolution No. 46-76 requesting the State of California Department of Finance, Office of Population Research to prepare a population estimate for the City of Morro Bay (RECOMMEND ADOPTION) A-7 Resolution No. 47-76 accepting work and giving notice of comple- tion for traffic line striping (RECOMMEND ADOPTION) A-8 Resolution No. 48-76 approving grant of Use Permit Agreement to Friends of Roandoak (RECOMMEND ADOPTION) A-9 Resolution No. 49-76 approving Agreement with Morro Bay Chamber of Commerce for fiscal year 1976-77 (RECOMMEND ADOPTION) Mayor Mitchell reviewed all items on the Consent Calendar. Council- man Pipitone requested that Item A-9 be withdrawn from the Consent Calendar and be considered separately. MOTION: Councilman Brown 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 Shelton and unanimously carried by roll call vote: A-9 Resolution No. 49-76 approving Agreement with Morro Bay Chamber of Commerce for fiscal year 1976-77 Councilman Pipitone stated that he was still opposed, as he had stated during the budget study session, to this amount of money being allocated to the Chamber simply to bring more people to Morro Bay. He is not convinced that the efforts of the Chamber are responsible for bringing tourists to Morro Bay or if other factors might not be the reason. It was noted that the Council had set a $30,000 limit on the amount that the Chamber can receive for the fiscal year. Councilman Shelton agreed that the allocation to the Chamber should be held down and that they should be getting less instead of more monetary support. They should eventually become more self-supporting. Councilman Rowland stated that the Chamber provides assistance to the main industry in Morro Bay which is tourism and it helps to hold down the tax rate in Morro Bay. MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL July 12, 1976 MOTION: Councilman Brown moved be read by title only. by Mayor Mitchell and Shelton voting no. that Resolution No. 49-76 The motion was seconded carried with Councilman Mr. Warden read Resolution No. 49-76 by title only. MOTION: Councilman Brown moved that Resolution No. 49-76 be adopted. The motion was seconded by Mayor Mitchelland carried on the following roll call vote: AYES: Councilmen Brown, Rowland and Mayor Mitchell NOES: Councilmen Pipitone and Shelton HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing on Housing Element of the General Plan - continued Ron Smothers reviewed the items discussed at the last meeting and the rational for retaining the items which had been recommended for deletion by the Planning Commission. Councilman Shelton compared the Element's statement concerning mobile homes on page eight to the policy adopted by the Community Goals Committee several years ago, which stated that development of permanent type mobile home parks should be discouraged. .Ron Smothers stated that their statement was placed in the Element because of a concern for providing low cost housing. There was considerable dis- cussion regarding Housing Code Enforcement. It was decided that under OBJECTIVES, Housing Code Enforcement, the last sentence should read "...utilize all legally accepted methods to assure adequate health and safety standards in existing housing." A question was raised regarding property value increases thereby increasing the burden.of 'taxes for senior citizens. There was considerable discussion regarding mixed zoning and the fact that existing ordinances need revising. Councilman Shelton suggested that the paragraph OBJECTIVES, Mobile Homes, be prefaced with the phrase "Although the development of -permanent type mobile home parks within.the City or its surroundings should be discouraged, mobile home developments have provided a partial solution to the existing lack of low to moderate cost housing." RECESS 9:00 p.m RECONVENED 9:14 p.m. Mayor Mitchell suggested that this matter be continued to the next meeting so that Council can continue with the other items on the agenda. MOTION: Mayor Mitchell moved that the hearing on the Housing Element of the General Plan be continued to the next meeting of the City Council. The motion was seconded by Councilman Shelton and unanimously carried. B-2 Public hearing on 1976-77 Budget, Resolution No. 50-76 approving and adopting an Interim Budget for the fiscal year 1976-77 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 12, 1976 Page Three Mr. Warden stated that the interim budget is provided so that the City can pay bills to continue normal City functions. It is not a final budget because two of the employee associations have not yet settled for 1976-77 salary scales. Councilman Pipitone stated that he was satisfied with the budget except for the expenditure for an additional well; he would vote in favor of the budget, however, with that reservation. MOTION: Councilman Brown moved that Resolution No. 50-76 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mayor Mitchell stated that it was in order to first hold a public hearing on the budget and he opened the hearing at 9:20 p.m. and called for comments with regard to the proposed budget. As there were no comments, the hearing was closed at 9:20 p.m. Mr. Warden read Resolution No. 50-76 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 50-76. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote: B-3 Public hearing on vehicle abatement Mayor Mitchell advised that the vehicle being considered for abatement is a 1966 Mercury Sedan located at 1295 Morro Avenue, Morro Bay. Mayor.Mitchell opened the public hearing at 9:23 p.m. and asked if there were any presentations regarding this vehicle. As there were no comments, the hearing was closed at 9:23 p.m. MOTION: Mayor Mitchell moved that Staff proceed with removal of the vehicle in accordance with the Vehicle Abatement Ordinance. The motion was seconded by Councilman Brown and unanimously carried. B-4 Public hearing on resolution amending the Employer -Employee Relations Resolution with regard to recognition of police unit Mayor Mitchell stated that the City had received a request from the Morro Bay Peace Officers Association to affiliate with the Service Employees International Union, Local 620, AFL-CIO. The Council is holding a public hearing this evening to consider exercising their right under Section 3508 of the Government Code which states that the City can limit membership of peace officers to unions or associations composed solely of peace officers. He opened the public hearing at 9:25 p.m. and called for presentations regarding the question of recognition. Len Roders, representing the MBPOA through S.E.I.U. Local 620, informed the Council that an amendment to the affiliation agreement had been submitted stating that the MBPOA will not engage in any strikes or work stoppages, nor will they support or participate in any strikes or work stoppages which may be conducted by any other employee organization which has been recognized by the City of Morro Bay. The reason the MBPOA has requested recognition as a member of MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 12, 1976 Page Four the S.E.I.U. is to have an organization to represent their view point in order to solve their problems and to do it in a professional manner. Lila Keiser asked if Mr. Roders could guarantee that the officers will not go on strike. Mr. Roders stated that he could not, however, they have said that they will not. There was discussion regarding the "right to strike" with the City Attorney maintaining that it is not legal and Mr. Roders stating that the law does not address itself one way or another. Councilman Shelton asked if the S.E.I.U. intends to attempt to organize any other employee organizations. Mr. Roders stated that if an employee association requests the S.E.I.U. to represent them, that they will submit a letter requesting recognition. Mr. LeSage pointed out that if the general employees request recognition under the S.E.I.U. the City Council has no choice but to grant recognition as there is no Section 3508 giving the Council discretion over the representational unit for employees other than peace officers. Comments were heard from Carl Williams and Bill Morley. Mr. LeSage stated that several conditions could be added to the affiliation agreement which would protect the City against the police officers going on sympathy strikes, refusing to honor joint powers agreements with neighboring communities, and assure their enforcing laws during a strike situation. If the police officers violated any of these provisions, it would mean that the affiliation agreement is void. Mr. Warden recommended that Council approve the concept of recog- nition on the premise that Staff and the Union can work out language in the affiliation amendment agreement. This could provide an oppor- tunity to update the Employer -Employee Relations Resolution which is in need of modification. He wanted the Council to be aware, however, that they would not have the options with any other employee organiza- tion that they have with the police officers. However, a condition could be put in the affiliation amendment that if any other employee organization affiliates with S.E.I.U., that would re -open the question of MBPOA affiliation. Mayor Mitchell said he saw no reason not to approve the concept of recognition with reservations, as long as the conditions to the affiliation agreement can be worked out. MOTION: Mayor Mitchell moved that Council approve the concept of recognition and direct Staff to negotiate the specific language and/or any other changes in existing resolutions so that those matters discussed this evening can be included and bring it back to Council at a later date for final approval. The motion was seconded by Councilman Shelton. Councilman Brown stated that since Section 3508 of the Government Code gives the City the perogative to decide if they feel peace officers should belong to unions composed solely of peace officers, the Council should exercise this:perogative. Councilman Pipitone felt that a professional police agency could better represent the peace officers. 11 MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL July 12, 1976 Mr. Warden pointed out that if it isn't this union, it will be another and with this one, the Council has the perogative of setting conditions on the affiliation agreement due to the provisions -of Section 3508. If a union composed solely of peace officers requests affiliation, the Council will have no option but to grant recognition. Further, it really isn't the Council's perogative to say what union will represent the membership. Councilman Rowland stated that she felt Council should consider the welfare of the people in Morro Bay and what is in their best interests. In this case, she did not feel that granting recognition to this union would be in their best interests. Councilman Shelton felt that the Council had a responsibility to the City employees also and that their rights should be recognized and the union of their choice allowed to represent them. Ruth Blanco, representing S.E.I.U., Local 620, cited the various police officer employees throughout the state that they represent. As there were no further comments, the hearing was closed at 10:31 p.m. The motion was carried on the following roll call vote: AYES: Councilmen Pipitone, Shelton and Mayor Mitchell NOES: Councilmen Brown and Rowland UNFINISHED BUSINESS None NEW BUSINESS D-1 Consideration of Memorandum of Understanding between the City of Morro Bay and the Morro Bay City Employees Association Mr. Warden reviewed the conditions which are reflected in the Memorandum of Understanding negotiated with the City Employees. It includes an 88 salary increase, eliminates election days as holidays and allows one additional floating holiday, increases stand-by time for Harbor and Water division personnel and maintains the same pre- mium costs for medical insurance as in the 1975-76 Memoranda. MOTION: Councilman Brown moved that Council accept the Memorandum of Understanding with the Morro Bay City Employees Association for the year beginning July 1, 1976 and ending June 30, 1977. The motion was seconded by Councilman Pipitone and unanimously carried. Carl Ansberry spoke against granting the 88 salary increase to City employees. Marsha Bent spoke in favor of the increase due to increased qualifications and education of employees. The motion was unanimously carried. D-2 Adoption of interim authorization to continue payment of employee salaries pending agreement for new Memoranda of Understanding MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL July 12, 1976 Mr. Warden said he had not yet prepared a salary resolution since two of the employee associations have not yet reach an agree- ment. Therefore, he recommended (1) that the Council approve con- tinuation on a day-to-day basis of the current Memoranda of Under- standing with the Fire Fighters and the Police Association and (2) that the provisions of the 1976-77 Memorandum of Understanding with the City Employees Association be applied to all employees, except management, who are not members of any City employees' organization. Councilman Pipitone asked if this included the dispatchers at the Police Department and Mr. Warden indicated that it did. MOTION: Mayor Mitchell moved that Council adopt the recommenda- tions of the City Administrator as outlined in the memo. The motion was seconded by Councilman Brown and unanimously carried. It was noted by the Council that there would be no retroactive pay to the police and fire associations. INDIVIDUAL DETERMINATION AND/OR.`.ACTION E-1 City Council (1) Councilman Shelton stated that he had received several calls from concerned citizens regarding the City's removal of sand from the Coleman Park area. He asked Mr. Warden where the sand is going. Mr. Warden stated that since the City has neither the equipment nor the extra man -power, he has authorized those con- tractors wanting the sand to remove it themselves. Councilman Pipitone stated that he had also received calls. There was discussion regarding putting the sand back on the sand dunes. People are worried that removal of the sand will deplete the sand resource. Mr. Warden explained that Morro Bay's beaches do not have this problem as the sand is constantly being replenished. The City had received permission from the State Lands Commission to remove sand and dispose of it in the area of the Coleman Drive Park only. Any other requests for sand removal will be considered by the State Lands Commission on an individual basis. MOTION: Councilman Shelton moved that Council establish a policy to return any sand that is scooped up in the area of Coleman Drive back to the ocean side. The motion was seconded by Pipitone and failed with Councilmen Brown, Rowland and Mayor Mitchell voting no. MOTION: Councilman Shelton moved that the City Administrator be directed to research the feasibility of developing a solution for removing the sand from the Coleman Park Driave area and returning it to:the beach side, this to include cost analysis. The motion was seconded by Council- man Pipitone and unanimously carried. It was understood that the present plan for contractors to remove the sand at their expense will continue until the Coleman Park area is cleaned up. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 12, 1976 Page Seven E-2 City Attorney Mr. Leaage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden stated that the League of California Cities Annual Convention will be held October 21st in San Diego. He asked Council members to make reservations at motels and advise Staff as to registration. (2) Mr. Warden stated that the Channel Counties Division of the League of California Cities will meet in Ojai on August 6th, and he asked Council members to advise Staff with regard to reservations. (3) Mr. Warden reminded Council members of the Small Cities Roundup to be held at the Salinas Valley Fair Grounds in King City on August 27th and 28th and asked Council members to advise if they planned to attend. (4) Mr. Warden announced that the Council had reappointed Bill Payne to the Parks and Recreation Commission and appointed Larry Ramos to the Commission at their special meeting July 7, 1976. (5) Mr. Warden advised the Council that the City is still ahead of the situation with regard to water as compared to the situation in 1972. He was not, at this time, recommending mandatory measures, however, stated that he may in the near future. (6) Mr. Warden requested an executive session to discuss negotiations. MOTION: Councilman Brown moved that the meeting adjourn to executive session to discuss negotiations. The motion was seconded by Councilman Shelton and unani- mously carried. The meeting adjourned to executive session at 11:13 p.m. and returned to regular session at 12:23 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 12:23 p.m. Recorded by: M. L. /W/ARRDEENN, City CClerk By: Ardith Davis Deputy City Clerk 0 NOTICE OF $PEICAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Wednesday, July 7, 1976, at 6:30 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider applicants for the Parks and Recreation Commission DATED: July 2, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California By: L. WARDEN, City Clerk 6 MINUTES - MORRO BAY CITY COUNCIL Special Meeting July 7, 1976 - 6:30 p.m. City Hall Conference Room The meeting was called to order at 6:55 p.m. by Mayor Mitchell. PRESENT: Councilmen Brown, Rowland, Shelton and Mayor Mitchell ABSENT: Councilman Pipitone Mayor Mitchell stated that the meeting had been called for the purpose of interviewing applicants for the Parks and Recreation Commission. Those interviewed were Reginald Baldwin, Pat Wagner, Thomas Harmon, and Larry Ramos. Bill Payne was considered for re -appointment. There was discussion with regard to the applicants. MOTION: Councilman Shelton moved that Bill Payne be re -appointed to the Parks and Recreation Commission for a four year term. The motion was seconded by Councilman Brown and unanimously carried. MOTION: Councilman Shelton moved that Larry Ramos be appointed to the Parks and Recreation Commission for a four year term. The motion was seconded by Mayor Mitchell and unanimously carried. MOTION: Mayor Mitchell moved that the meeting be adjourned. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 8:00 p.m. RECORDED BY: M. L. WARDEN City Clerk CORRECTION OF NOTICE OF PUBLIC HEARING The Notice of Public Hearing published in the June 17, 1976, issue of the Sun -Bulletin with regard to an appeal of John Williams from Planning Commission approval of a Use Permit is amended to read as follows: NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, June 28, 1976, 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 John Williams from Planning Commission approval of a Use Permit to allow a tower and antenna with a height not to exceed that of the existing antenna on the roof of the house at 413 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: June 17, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M.'L. WARDEN, City Clerk 4 4) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, June 28, 1976, 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 John Williams from Planning Commission approval of a_,Use Permit -to allow a..tower and antenna with a height not=to exceed thirty feet at 413 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: June 11, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California Z*"0000, By: . L. WARDEN, City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, June 28, 1976, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the appeal of William D. Frost, Presi- dent of Morro Bay Enterprises, Inc. from Planning Commission denial of a Use Permit to allow a fifty-eight unit apartment -motel at 2400 Main Street, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against or in modification of said appeal. DATED: June 11, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California By: . L. WARDEN, City Clerk L] CITY OF MORRO BAY AGENDA CITY COUNCIL MEETING June 28, 1976 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 special meeting of June 12, 1976 A-2 Minutes of the regular meeting of June 14, 1976 A-3 Minutes of the executive meeting of June 14, 1976 A-4 Minutes of the adjourned regular meeting of June 15, 1976 A-5 Financial Report - 7-1-75 through 5-31-76 (RECOMMEND APPROVAL) A-6 Expenditure Report - 6-1-76 through 6-15-76 (RECOMMEND APPROVAL) A-7 Public hearing on Fiscal Year 1976-77 Final Budget (SET HEARING DATE 7-12-76) A-8 Appeal of Alan S. Dutcher from Planning Commission denial of a variance (SET HEARING DATE 7-26-76) A-9 Recommendation of Planning Commission to amend Zoning Ordinance to eliminate Transitional Use Permits (SET HEARING DATE 7-26-76) A-10 Resolution No. 43-76 approving Comprehensive Employment and Training Act of 1973 Work Site Agreement with the County of San Luis Obispo (RECOMMEND ADOPTION) A-11 Resolution No. 44-76 approving agreement for Annual Audit for the Fiscal Year ending June 30, 1976 (RECOMMEND ADOPTION) HEARINGS, APPEARANCES AND REPORTS B-1 Appeal of John Williams from Planning Commission approval of a Use Permit for a radio tower at 413 Kings Ave., Morro Bay B-2 Appeal of William D. Frost from Planning Commission denial of a Use Permit for a 58-unit apartment -motel at 2400 North Main Street B-3 Public hearing on Parks and Recreation Element of the General Plan - continued UNFINISHED BUSINESS C-1 Resolution No. 45-76 authorizing granting of lease to Wayne E. and Norma Bickford for Lease Site No. 150 NEW BUSINESS D-1 Sidewalk Improvements on Beach Street INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator 40 MINUTES - MORRO BAY Regular Meeting June 28, 1976 - 7:30 Morro Bay Recreation CITY COUNCIL p:m. Hall The meeting was called to order at 7:38 p.m. by Mayor Mitchell. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Rowland and Mayor Mitchell ABSENT: Councilman Shelton CONSENT CALENDAR A-1 Minutes of the special meeting of June 12, 1976 A-2 Minutes of the regular meeting of June 14, 1976 A-3 Minutes of the executive meeting of June 14, 1976 A-4 Minutes of the adjourned regular meeting of June 15, 1976 A-5 Financial Report - 7-1-75 through 5-31-76 (RECOMMEND APPROVAL) A-6 Expenditure Report - 6-1-76 through 6-15-76 (RECOMMEND APPROVAL) A-7 Public hearing on Fiscal Year 1976-77 Final Budget (SET HEARING DATE-7-12-76) A-8 Appeal of Alan S. Dutcher from Planning Commission denial of a variance (SET HEARING DATE 7-26-76) A-9 Recommendation of Planning Commission to amend Zoning Ordinance to eliminate Transitional Use Permits (SET HEARING DATE 7-26-76) A-10 RESOLUTION NO. 43-76 approving Comprehensive Employment and Training Act of 1973 Work Site Agreement with the County of San Luis Obispo (RECOMMEND ADOPTION) Mayor Mitchell reviewed all items on the Consent Calendar. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-11, with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Countilman Pipitone and unanimously carried by roll call vote. B-1 Appeal of John Williams from Planning Commission approval of a Use Permit for a radio tower at 413 Kings Avenue, Morro Bay Mr. Nuzum, Planning Director, reviewed the background of this appeal and Planning Commission action. He stated that radio towers are permitted in an R-1 District subject to securing a Use Permit. The original application was for a 60 foot "crank -up" communications tower, however, the applicant had amended this at the Planning Commission meeting stating that he didn't necessarily need the 60 feet but did want to relocate the existing antenna from the top of his house to his back yard. The existing antenna is approximately 35 to 40 feet and was erected without a Use Permit. The Planning Commission decided that the applicant could relocate his antenna for a height not to exceed that of the existing antenna. Mayor Mitchell opened the public hearing at 8:48 and asked the appellant if he wished to make a presentation at this time. Mr. John Williams stated that he lived at 440 Fairview and that the tower interrupts his view. He said that several of the property owners in the area had gone to the expense of undergrounding 1 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - June 28, 1976 Page Two their utilities to eliminate visual obstructions, and that the tower will jeopardize their property values. Also speaking against the towers and in favor of the appeal were John Ruther, 1000 Ridgeway; Ida Roark, 474 Kings Avenue; Maybelle Campbell, 430 Fairview; and Thomas Harmon. Speaking against the appeal and in favor of the tower were Jerry Parker, 450 Kings Avenue; Darryl Scott, 413 Kings Avenue; M. C. Carlson, 421 Kings Avenue; John Simas, Debra Simas, John Griggs; Ralph Agee, 430 LaJolla; and Bob Togs. There were comments from both sides in rebuttal. Mayor Mitchell declared the hearing closed at 8:35 p.m. Councilman Rowland stated that it appears that there is a conflict in hobbies; however, in view of the City's efforts to underground utilities and the amount of money being spent to do so, she is not in favor of allowing additional over -head obstructions. Mayor Mitchell agreed and stated that the City Council should be committed to the policy of undergrounding and, in this case, would be acting contrary to that policy. Councilmen Pipitone and Brown were not in favor of granting the appeal and were of the opinion that the ordinance requirements had been satisfied and the Planning Commission had taken proper action. After considerable discussion, the following motion was made: MOTION: Councilman Pipitone moved that the appeal be denied. The motion was seconded by Councilman Brown and failed on the following roll call vote: AYES: Councilmen Brown and Pipitone NOES: Councilman Rowland and Mayor Mitchell Mayor Mitchell explained to Mr. Williams, the appellant, that the failure of the motion to pass on a 2-2 vote meant that the Planning Commission action would stand. RECESS 8:48 p.m. RECONVENED 9:00 P.M. B-2 Appeal of William D. Frost from Planning Commission denial of a Use Permit for a 58-unit apartment -motel at 2400 North Main Street Mayor Mitchell stated that Council was in receipt of a letter from Mr. Frost requesting that the appeal be continued until July 26, 1976, for personal reasons. MOTION: Councilman Brown moved that the appeal hearing be continued to July 26, 1976. The motion was seconded by Councilman Pipitone and unanimously carried. 0 .0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - June 29, 1976 Page Three B-3 Public Hearing on Parks and Recreation Element of the General Plan - continued Mr. Nuzum presented the recommended inserts forwarded by Owen Menard and Associates which had been requested by Councilman Shelton and which included various climatic condition figures. Mayor Mitchell asked if there were any comments from the public. As there were no comments, the public hearing was closed at 9:03 p.m. MOTION: Councilman Pipitone moved that the Parks and Recreation Element of the General Plan, including the additions reviewed this evening, be referred to Staff for pre- paration of a resolution for final adoption of the Plan. The motion was seconded by Councilman Brown and unanimously carried. UNFINISHED BUSINESS C-1 RESOLUTION NO. 45-76 authorizing granting of lease to Wayne E. and Norma Bickford for Lease Site No. 150 Mr. Warden stated that this lease site is adjacent to the Wastewater Treatment Plant. Since Council had last considered this matter with regard to the lease term, the City had purchased two additional lots which were needed for future Wastewater Treat- ment Plant expansion. These lots will insure that the City will not need the area which contains the Bickford Cement Plant for anticipated plant expansion. He�7was, therefore, recommending that the lease term be for a fifteen year period beginning July 1, 1976. MOTION: Councilman Brown moved that Resolution No. 45-76 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 45-76 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 45--76 and that the lease term be approved at fifteen years. The motion was seconded by Councilman Rowland and unanimously carried by roll call vote. NEW BUSINESS D-1 Sidewalk Improvements on Beach Street Mr. Warden explained that Warren Dorn is building a multi- family residence immediately south of Beach Street fronting on the Embarcadero. The ordinance requires the property owner to install curbs, gutters and sidewalks on the abutting property in a commercial zone. Mr. Warden reviewed the topographical aspects of the property which includes a steep bluff so that any sidewalk 6 c MINUTES ^ MORRO BAY CITY COUNCIL Regular Meeting - June 28, 1976 Page Four would require extensive excavating, retaining wall or sloping to control erosion and to retain the upland properties. The ord- inance also allows that if the City considers these installations to be a hardship on the property owner because of the unusual conditions of the property, the City can participate in the ex- penses. He gave the Council several options for participation in this project. Mayor Mitchell was of the opinion that the property owners should install the curbs, gutters and sidewalk and pay only that which would have been required under normal circumstances. There was discussion as to whether the sidewalk needs to be constructed at this time and Mr. LeSage stated that he felt the City should re- quire the installation of the sidewalk because the street is heavily used and could be a safety hazard. After discussion, the following motion was made: MOTION: Mayor Mitchell moved that Mr. Warren Dorn be required to post a bond to insure the payment of costs for curbs, gutters and sidewalks at such time as the City shall desire to proceed with the construction of the sidwalk. The motion was seconded by Councilman Brown. After further discussion an amendment was made to the motion. Mayor Mitchell amended his motion to include that there be a ten year limitation on the bond. The amendment was seconded by Councilman Brown and unanimously carried. Mayor Mitchell indicated that the amount of the bond should be double what the cost of the project is today. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Brown stated that the City had achieved its' - end with regard to the SB325 monies in that the Area Council will now give the cities their total share and request the necessary funds when and if their projects materialize and they need the money. He also reported on the proposed Regional Transportation System. E-2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden informed the Council that Joan Sullivan, who teaches the Recreation Department Art Class, had initiated the project of painting the Recreation Hall. This had been done on weekends with volunteers and looks very nice. (2) Mr. Warden asked Council members to review their Joint MINUTES � MORRO BAY. CITY COUNCIL Regular Meeting - June 29, 1976 Page Five Powers Agreement on the Area Council so that he could get a decision from them in the near future. (3) Mr. Warden requested an executive session to discuss labor negotiations. ADJOURNMENT MOTION: Councilman Brown moved that the meeting adjourn to executive session to discuss labor negotiations. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned to executive session at 9:31 p.m. and returned to regular session at 10:40 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 10:41 p.m. RECORDED BY: MURRAY L. WARDEN City Clerk BY: Ardith Davis Deputy City Clerk NOTICE OF ADJOURNED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay.City Council will hold an adjourned regular meeting, -prior to their regular meeting, on Monday, June 28, 1976, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue, and Dunes Street, Morro Bay California, to consider the following: 1. Resolution No. 42-76 confirming canvass of special municipal election 2. Presentation of Certificate of Election and Oath of Office to new Council member DATED: June 24, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California B . L. WARDEN, City Clerk 0 MINUTES MORRO BAY CITY COUNCIL Adjourned Regular Meeting June 28, 1976 Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone and Mayor Mitchell ABSENT: Councilman Shelton Mayor Mitchell stated that this meeting had been adjourned from last Tuesday by the City Clerk for the purpose of seating the new Council member and adopting the canvass of the election. He asked Mr. Warden to read Resolution No. 42-76 in its entirety. RESOLUTION NO. 42-76 confirming canvass of special municipal election. Mr. Warden read Resolution No. 42-76 in its entirety. This resolution confirmed that Lois A. Rowland was elected as member of the City Council. MOTION: Councilman Brown moved for the adoption of Resolution No. 42-76. The motion was seconded by Council and unanimously carried by roll call vote. Mr. Warden administered the Oath of Office to Mrs. Rowland and presented her with a Certificate of Election. She was con- gratulated by Council members and stated that she wished to thank all the people who worked so hard on her campaign and hoped that they would continue to let her know how they feel about various issues. MOTION: Councilman Brown moved that the meeting adjourn. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned at 7:37 p.m. RECORDED BY: MURRAY L. WARDEN City Clerk-, BY: Ar ith Davis Deputy City Clerk 0 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting June 15, 1976 - 5:00 p.m. Morro Bay Recreation Hall The meeting was called to order at 5:00 p.m. by City Clerk Murray Warden. PRESENT; None ABSENT: Councilmen Brown, Pipitone, Shelton and Mayor Mitchell. The meeting was adjourned for lack of quorum to Monday, June 28, 1976, at 7:30 p.m. in the Morro Bay Recreation Hall. The meeting adjourned at 5:01 p.m. Recorded by: M. L. WARDEN City Clerk 0 s NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, June 14, 1976, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the proposed Housing Element of the General Plan; at which said hearing any person interested may appear and express his views for, against, or in modification of said Plan.. DATED: May 12, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California w e By: L. WARDEN, City Clerk • 6 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING June 14, 1976 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 May 24, 1976 A-2 Minutes of the executive meeting of May 24, 1976 A-3 Expenditure Report - 5-16-76 through 5-31-76 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEM BE RECEIVED AND FILED) A-5 Appeal of William D. Frost from Planning Commission denial of a Use Permit for a 58-unit apartment -motel at 2400 North Main Street (SET HEARING DATE FOR 6-28-76) A-6 Appeal of John Williams from Planning Commission approval of a Use Permit for a radio tower at 413 Kings (SET HEARING DATE FOR 6-28-76) A-7 Resolution No. 33-76 approving renewal of U. S. Coast Guard Lease #DOT-CG12-4020 (RECOMMEND ADOPTION) A-8 Resolution No. 34-76 approving renewal of U. S. Coast Guard Lease #DOT-CG12-4532 (RECOMMEND ADOPTION) A-9 Resolution No. 35-76 approving grant of Use Permit Agreement No. 115 to Morro Dunes Trailer Park and Campground, Inc. (RECOMMEND ADOPTION) A-10 Resolution No. 36-76 approving grant of Use Permit Agreement No. 120 to Morro Dunes Trailer Park and Campground, Inc. (RECOMMEND ADOPTION) A-11 Request of Department of Air Force, Cambria, to change dates for use of Keiser Park to July 8 through 10, 1976 (RECOMMEND APPROVAL) A-12 Resolution No. 37-76 approving grant of Use Permit Agreement to Morro Bay Chamber of Commerce for use of Keiser Park July 4th (RECOMMEND ADOPTION) A-13 Resolution No. 38-76 approving amendment of lease with Brebes Morro Bay Fisheries, Inc. for Lease Sites No. 110W, 111W, and 112W (RECOMMEND ADOPTION) A-14 Resolution No. 39-76 accepting work and giving notice of completion for repainting two Elena Street water tanks and one Nutmeg Avenue water tank (RECOMMEND ADOPTION) A-15 Resolution No. 40-76 accepting work and giving notice of completion for construction and installation of street resurfacing project (RECOMMEND ADOPTION) A-16 Award bid for Keiser Park B.B.Q. facility to Conco Engineering in the amount of $6,656 and authorize transfer of $1,156 to cover unbudgeted amount (RECOMMEND APPROVAL) A-17 Resolution No. 41-76 calling for a contract with the California Highway Patrol for Abandoned Vehicle Abatement participation (RECOMMEND ADOPTION) HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of Citizens on Behalf of Police Authority B-2 Public hearing on Parks & Recreation Element of the General Plan (continued) B-3 Public hearing on Housing Element of the General Plan B-4 Report from City Administrator on seating of new Council member AGENDA - CITY COUNCIL MEETING June7.14, 1976 Page Two B-5 Report from City Administrator on Water Conservation Program UNFINISHED BUSINESS None NEW BUSINESS D-1 Request of Embarcadero businesses for limited parking INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES MORRO BAY CITY COUNCIL Regular Meeting June 14, 1976 - 7:30•P.M. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Shelton and Mayor Mitchell ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of May 24, 1976 A-2 Minutes of the executive meeting of May 24, 1976 A-3 Expenditure Report - 5/16/76 through 5/31/76 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Appeal of William D. Frost from Planning Commission denial of a Use Permit for a 58-unit apartment -motel at 2400 North Main Street (SET HEARING DATE FOR 6/28/76) A-6 Appeal of John Williams from Planning Commission approval of a Use Permit for a radio tower at 413 Kings (SET HEARING DATE FOR 6/28/76) A-7 RESOLUTION NO. 33-76 approving renewal of U.S. Coast Guard Lease #DOT-CG12-4020 (RECOMMEND ADOPTION) A-8 RESOLUTION NO. 34-76 approving renewal of U.S. Coast Guard Lease #DOT,CG12-4532 (RECOMMEND ADOPTION) A-9 RESOLUTION NO. 35-76 approving grant of Use Permit Agreement No. 115 to Morro Dunes Trailer Park and Campground, Inc. (RECOMMEND ADOPTION) A-10 RESOLUTION N0. 36-76 approving grant of Use Permit Agreement No. 120 to Morro Dunes Trailer Park and Campground, Inc. (RECOMMEND ADOPTION) A-11 Request of Department of Air Force, Cambria, to change dates for use of Keiser Park to July 8 through 10, 1976 (RECOMMEND APPROVAL) A-12 RESOLUTION NO. 37-76 approving grant of Use Permit Agreement to Morro Bay Chamber of Commerce for use of Keiser Park July 4th (RECOMMEND ADOPTION) A-13 RESOLUTION NO. 38-76 approving amendment of lease with Brebes Morro Bay Fisheries, Inc. for Lease Sites No. 110W, 111W, and 112W (RECOMMEND ADOPTION) A-14 RESOLUTION NO. 39-76 accepting work and giving notice of com- pletion for repainting two Elena Street water tanks and one Nutmeg Avenue water tank (RECOMMEND ADOPTION) A-15 RESOLUTION NO. 40-76 accepting work and giving notice of com- pletion for construction and installation of street resurfacing project (RECOMMEND ADOPTION) A-16 Award bid for Keiser Park B.B.Q. facility to Conco Engineering in the amount of $6,656 and authorize transfer of $1,156 to cover unbudgeted amount (RECOMMEND APPROVAL) A-17 RESOLUTION NO. 41-76 calling for a contract with the California Highway Patrol for Abandoned Vehicle Abatement participation (RECOMMEND ADOPTION) Mayor Mitchell reviewed all Under correspondence was a letter signs in Morro Bay. items on the Consent Calendar. from Norma B. Carpenter regarding MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL June 14, 1976 MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-17 with the understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by -Councilman Shelton and unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of Citizens on Behalf of Police Authority Mayor Mitchell stated that he has 'received word that Mrs. Shelanskey has cancelled her scheduled appearance before the Council this evening. B-2 Public hearing on Parks & Recreation Element of the General Plan The Council was in receipt of correspondence from Owen Menard & Associates outlining the costs necessary for a door-to-door survey with regard to Park needs as requested by Councilman Shelton. Councilman Shelton stated that he had discussed this with Mr. Smothers and he feels the survey should be done without cost to the City. How- ever, since the costs for the survey are considerable, the criteria established through the citizen committees will suffice. He sug- gested that figures regarding mean high temperatures as relates to Morro Bay today be included in the Plan along with some consideration for the need, if any, for Park usage at night. It was decided that the hearing would be continued until the next meeting when the consultant will present the Plan in its final form with Council recommendations included. MOTION: Councilman Shelton moved that the hearing concerning the Parks and Recreation Element of the General Plan be continued to June 28, 1976. The motion was seconded by Mayor Mitchell and unanimously carried. B-3 Public hearing on Housing Element of the General Plan Ron Smothers reviewed the proposed Housing Element with the City Council. There was considerable discussion regarding the changes recommended by the Planning Commission. They had recommended several deletions which they felt infringed on individuals,", rights. Mr. Smothers contended that the sections recommended for deletion are not hard and fast rules but an attempt to provide a range of options to suggest ways to solve housing needs. Mayor Mitchell opened the public hearing at 8:46 p.m. and asked for comments from the public on the proposed Plan. Neil Moses stated that it was incomprehensible; there was too much of it. As there were no further comments, the hearing was closed at 8:48 p.m. 671 0 MINUTES , MORRO Regular Meeting Page Three BAY CITY COUNCIL - June 14, 1976 Mayor Mitchell stated that the general comments at the first part of the Plan from the Planning Commission were acceptable, however, he did not agree that the portions recommended for deletion should be deleted. He said that this is a general plan and provides a basis for a line of discussion regarding various needs. Councilman Shelton stated that he would like the meeting con- tinued so that he could have an opportunity to study the plan in more detail in light of the discussions this evening. MOTION: Mayor Mitchell moved that the hearing on the Housing Element be continued to July 12, 1976. The motion was seconded by Councilman Pipitone and unanimously carried. B-4 Report from City Administrator on seating of new Council member Mr. Warden explained that since the County was in charge of the consolidated election which selected Mrs. Rowland for City Council, the Board of Supervisors is responsible for certifying and canvassing the results of that election. The law requires that a City Councilman be seated the first Tuesday following the election. In this case, the Council will be unable to do so since it will not have a certified canvass by that date. The Council will have to ad- journ the present meeting to tomorrow night, the first Tuesday following the election, and then not show up. At that time, the City Clerk will adjourn the meeting for lack of a quorum and continue it to the next regular meeting of the Council, June 28th, at which time the certified canvass should be available. B-5 Report from City Administrator on Water Conservation Program Mr. Warden stated that today, crews had been delivering to each house in Morro Bay a pamphlet outlining various measures for water conservation. Also, water saving kits are available at City Hall, the Police, Recreation, Fire and Public Works Departments as well as the Senior Citizens Center for anyone wishing to pick one up. The Senior Citizens had been extremely helpful in assembling these kits and have crews ready to install them for those citizens needing assistance. Mr. Warden reported on the well levels and recommended that Council go on record endorsing a voluntary water rationing program. for lawns and gardens only. It may be necessary at a future meeting, however, to take action imposing mandatory rationing. MOTION: Councilman Brown moved that Council initiate a voluntary rationing program with regard to lawns and gardens as in- dicated in the City Administrator's memorandum. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Souza asked if the City could do anything about people who let their water run down the street. Mr. Warden said that, un- fortunately, it is not against the law right now and all the City can do is ask the citizens to cooperate. if MINUTES M,ORRO Regular Meeting Page Four BAY CITY COUNCIL June 14, 1976 Mr. Neil Moses, representing the Morro Bay Environmental Association, asked various questions with regard to the proposed Nacimiento water project and Mayor Mitchell and Mr. Warden responded to the questions. UNFINISHED BUSINESS None NEW BUSINESS D-1 Request of Embarcadero businesses for limited parking Mayor Mitchell stated that the Council was in receipt of a request from several Embarcadero businessmen regarding the parking problem on the Embarcadero. They suggested restricting parking. Mayor Mitchell felt it would be appropriate to reactivate the Parking Committee to study this matter. MOTION: Councilman Shelton moved that Council re- appoint the Parking Committee to re-examine parking downtown and on the Embarcadero. The motion was seconded by Mayor Mitchell and unanimously carried. Mayor Mitchell appointed Lois Rowland and Don Brown as Council members to this committee and stated that they could make up the composition of the committee themselves. Mr. Warden suggested that the committee also take into consideration the proposed Parking Element of the General Plan which will be available soon. INDIVIDUAL DETERMINATION AND/OR ACTION E=1 City Council (1) Councilman Brown stated that he had received a call from Sandy Munro, a member of the Commercial Fishermens Organization, requesting that the Council take no action on proposed amendments to the Harbor Ordinance until the fishermen come back from fishing and can have their input into it. Councilman Shelton stated that there have been commercial fishermen in attendance as well as members of the Commercial Fishermens Auxiliary, however, no decisions would be made without input from the fishermen. (2) Councilman Pipitone informed the Council that he would be out of town for two weeks on vacation. E=2 City Attorney (1) Mr. LeSage stated that the City was in receipt of a letter from the Morro Bay Peace Officers Association requesting recognition to affiliate with Service Employees International Union, Local 620, AFL-CIO. Government Code Section 3508 states that the City may refuse recognition of a unit if it does not consist solely of police officers. A situation that could arise from police officers belonging to the same union as other employees would be sympathy strikes or refusing to cross picket lines when necessary to do so Pi MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL June 14, 1976 to maintain law and order. In order to exercise the City's prerogative under Section 3508, it is necessary to prepare a resolution limiting the police officers' participation to a union representing only police officers; to con- sult with the associations involved, and to hold a public hearing on the proposed resolution. Mayor Mitchell felt that the City should exercise its rights under the government code and that police officers should belong to unions consisting solelyof peace officers. MOTION: Mayor Mitchell moved that Staff be directed to consult with the representatives of the union with regard to the proposed resolution and schedule!'a public hearing to consider the resolution. The motion was seconded by Councilman Brown and unanimously carried. E-3 City Administrator (1) Mr. Warden informed the Council that the City had received five applications for the position of Parks and Recreation Commissioner. He asked Council members when they wanted to interview the applicants. There was discussion with regard to the new law requiring the interviewing of officials in open session. MOTION: Councilman Shelton moved that Council members interview applicants in a public meeting. The motion was seconded by Mayor Mitchell and un- animously carried. Council members set July 7, 1976, at 6:30 p.m. in the City Hall Conference Room to interview the applicants. (2) Mr. Warden stated that he had received correspondence from the United States Department of the Interior, Geo- logical Survey, stating that since the County and State are attempt- ing to determine if there is any water on the sandspit, they are withdrawing their studies in this area to prevent duplications of efforts. (3) Mr. Warden requested an executive session to consider possible litigation matters. MOTION: Councilman Pipitone moved that the meeting adjourn to executive session to consider litigation matters. The motion was seconded by Councilman Shelton and unanimously carried. The meeting adjourned to executive session at 9:52 p.m. and returned to regular session at 10:17 p.m. MOTION: Councilman Brown moved that the meeting adjourn to Tuesday, June 15, 1976, at 5:00 p.m. The motion was seconded by Mayor Mitchell and unanimously carried. 40 MINUTES MORRO BAY.CITYCOUNCIL Regular Meeting - June 14, 1976 Page Six The meeting adjourned at 10:17 p.m. RECORDED BY: M. L. WARDEN City Clerk By : Ardith Davis (� Deputy City Clerk NOTICE OF SPECIAL,MEETING NOTICE'IS HEREBY GIVEN that:the Morro Bay City Council will hold a special meeting on Saturday, June 12, 1976, at 9:00 a.m, in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, to consider the 1976-77 Budget. DATED: June 4, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California A" By:' M-. L. WARDEN, City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting June 12, 1976 9:00 a.m. Morro Bay Recreation Hall The meeting was called to order at 9:00 a.m. by Mayor Mitchell for the purpose of reviewing the proposed budget for the 1976-77 fiscal year. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Shelton and Mayor Mitchell ABSENT: None It was noted that Councilman -elect Lois Rowland was sitting with the Council members, however, she does not have an official voice until the canvass of the election is received by the City and she is officially seated. She can, however, voice her opinions on the various aspects of the budget. Mr. Warden briefly reviewed the proposed Preliminary Budget which outlines the total expected revenues and expenditures. The proposed budget does not include any increases in employee costs as negotiations with the various associations are still in progress. 1. Police Department - Budget Account 2500 Mr. Warden stated that the Police budget reflects the reorganiza- tion of the Police Department as recommended by P.O.S.T. which includes a five sergeant structure and the addition of one dispatcher. There was discussion with regard to the reorganization with Council- man Pipitone commenting that the reorganization calls for only six patrolmen. Chief Schacht explained that the five sergeants and four dispatchers are also related to the field activities and so a total of fifteen positions are directed to the field duties. Howard Gaines suggested contacting the Sheriff's Department for possible contract for police activities. Councilman Pipitone stated that he was not in favor of the security lock to be put on the front door, he felt that the front door of the Police Department should be open and accessible to the public at all times. It was noted that this was a P.O.S.T. recommendation and also had been requested by the Police Association. MOTION: Councilman Brown moved for the approval of Budget Account 2500 in the amount of $352,349. The motion was seconded by Mayor Mitchell and unanimously carried. 2. School Crossing Guard - Budget Account 2900 MOTION: Mayor Mitchell 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 stated that the Salary Classification Survey had recommended the position of Fire Marshal be established, but that he did not agree with that assessment. He felt that the duties of this MINUTES - MORRO Special Meeting Page Two BAY CITY COUNCIL - June 12, 1976 position could be 'carried out by a Captain. He was, however, recommending the additional position of Captain in order to give'24-hour coverage with a senior officer on duty for each shift. Mr. Warden stated that the Classification Study also recommends moving the Captain's range from 28 to 30. Mr. Warden instead, recommended that both the sergeants in the Police Department,iand the captains in the Fire Department be moved 'from Range 28 to 29. He feels that the areas of responsibility on both positions are similar and that the proposed Range 30 for the Captains is not warranted. MOTION: Councilman Pipitone moved that Council approve the City Administrator's recommendation that the police sergeants and fire captains salary range be at 29, and that one of the engineers in the Fire Department be elevated, if qualified, to the position of Captain. The motion was seconded by Councilman Brown and unanimously carried. Howard Gaines made some comments about the budget in general. There was discussion about the equipment replacement schedule and how it works. MOTION: Councilman Brown moved for the approval of Budget Account 2600 as amended. The motion was seconded by Mayor Mitchell and unanimously carried. RECESS 10:55 a.m. RECONVENED 11:07 a.m. 3. Parks and Recreation - Budget Account 2300 Mr. Warden stated that Staff had initiated, in this budget, the transferring of the Parks and Playgrounds Department from Public Works to the Recreation Department and under the jurisdiction of Dave Braga, Recreation Director. He said that this activity is directly related to recreation activities and that better management of the programs should result. It was also recommended that the Recreation Director's salary be in line with that of other Department Heads. Mr. Braga is currently a Department Head in every sense except salary. Councilman Pipitone stated that it was time the Council decided exactly how much recreation the City of Morro Bay can afford. He compared previous years' Recreation Directors' salary and noted the increase. It was noted that the Parks and Recreation Commission had recommended both the reorganization of the Recreation Department to include Parks and the increased salary of the Recreation Director. There was some discussion with regard to the Teen Center with comments from Howard Gaines and Lila Keiser. There was considerable discussion with regard.to the Director's increased salary with Council members of the opinion that they would wait and see how the increased responsibilities resulting from the Parks Department being placed under the Recreation Director worked out and would consider the increase next year. Mr. Warden stated that if Council wished to continue the policy of pay parity between depart- ment heads, then the Recreation Director should be considered for similar consideration. MINUTES - MORRO Special Meeting Page Three BAY CITY COUNCIL - June 12, 1976 Council members agreed that they should discuss possible devia- tions from the parity principle as has existed since incorporation of the City, however, at this time they did not feel that an increase was warranted. With regard to the Maintenance Leadworker, the Classification Study had recommended that -they be classified at Range 22. Mr. Warden recommended that that be changed to 21; this would be over the existing Range 18 for this position. Paul Kelsey spoke in opposition to,the lighting and screening of the tenni's courts at Monte Young Park. It was noted that these items had already been deleted by Staff. MOTION: Councilman Shelton moved that Council accept the recommendation of the City Administrator that the Parks Department be consolidated with the Recreation Department; that the salary of the Recreation Director be maintained at its present range; and that the Maintenance Leadworkers receive a salary increase to Range 21. The motion was seconded by Councilman Brown and carried with Councilman Pipitone voting no. Councilman Pipitone felt that the Council should seriously discuss where the Recreation Department is going in the City of Morro Bay. Bill Payne, Parks and Recreation Commissioner, stated that the Commission is willing to discuss this matter with the Council whenever they wish. MOTION: Councilman Brown moved that the meeting adjourn for lunch until 2:00 p.m. The motion was seconded by Councilman Pipitone and unanimously carried. ADJOURNED 12:30 p.m. RECONVENED 2:15 p.m. 4. Planning & Building - Budget Account 3900 Mr. Warden stated that the Classification Study had recommended the Building Inspector be reduced two ranges and he was recommending that the Building Inspector be held at his present range. Mr. Warden felt that the survey people had not taken into consideration the range of services the Building Inspector performs. Another change recommends elevating the present Typist Clerk II in the Building Department at Range 8 to a Steno I at Range 11. This position is shared with the Administrator's office and the incumbent is expected to fill in when either the Planning Secretary or the Administrator's secretary is absent or on vacation. MOTION: Councilman Shelton moved for the approval of Budget Account 3900. The motion was seconded by Councilman Brown and unanimously carried. 5. Planning Commission - Budget Account'1'600 MOTION: Councilman Brown moved for the approval of Budget Account 1600. The motion was seconded by Council- man Shelton and unanimously carried. MINUTES - MORRO Special Meeting Page Four BAY CITY COUNCIL - June 12, 1976 6. Community. Promotion Budget Account 1'900 The first item to be considered was the Chamber of Commerce request for 258 allocation of the fiscal year's occupany tax revenues which is estimated at $30,000. Mayor Mitchell stated that the Council had adopted the policy of giving the Chamber a certain percentage of the occupany tax revenues as an incentive for the Chamber members to work harder since the occupancy tax is directly related to the tourism in Morro Bay. There was discussion on this matter with Councilman Shelton stating that he did not feel the City should allocate 258 of the bed tax to the Chamber; that the Chamber should work harder at another revenue source and the City should allocate 20% of the bed tax revenue to them. MOTION: Councilman Shelton moved that Council change the percentage of bed tax revenues allocated to the Chamber from 258 to 20% for fiscal year 1976-77. The motion died for lack of a second. Lois Rowland stated that she felt the Council would be doing the Chamber a great disservice if they cut back on the allocation to the Chamber. There was considerable discussion on this allocation with questions answered by Richard Palmer, Chamber Manager. It was suggested that the Council approve the 258 allocation for a maximum of $30,000. MOTION: Councilman Brown moved that the Council authorize an allocation of 258 of the occupany tax revenues not to exceed $30,000 to the Chamber of Commerce for fiscal year 1976-77. The motion was seconded by Councilman Pipitone. Richard Palmer argued with the Council that the limit took away the incentive of the Chamber that the harder they work, the more revenues they can expect. Mayor Mitchell agreed that this incentive should be maintained. The motion was carried with Mayor Mitchell voting no. Mr. Warden reviewed the other items under Community Promotion which included additional Christmas trees for lighting areas in Morro Bay. MOTION: Councilman Brown moved for the approval of Budget Account 1900. The motion was seconded by Council- man Shelton and unanimously carried. 7. Senior Citizens request - Budget Account 2202.22 Mr. Warden stated that the Senior Citizens were scheduled at this time for consideration of an allocation of $1,250. Leonard Goldman, Senior Citizens president, outlined the Senior Citizens' anticipated expenses for Fiscal Year 1976-77. He stated that EOC will be unable to help them with the operation of their van next year. Ll 0 MINUTES - MORRO Special Meeting Page Five BAY CITY COUNCIL - June 12,.1976 MOTION: Councilman Shelton moved for the approval of $1,250 allocation to the Senior Citizens for fiscal year 1976-77. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden..stated that a contract agreement would be drawn with the Senior Citizens for them to provide certain services in view of the legal requirements for allocation of funds to organizations. RECESS 3:37 p.m. RECONVENED 3:43 p.m. 8. General Government Buildings Budget Account 1800 Mr. Warden stated that the Classification Study had recommended reducing the custodian/maintenance man to Range 11 from 15. Because of the nature of the duties performed by the individuals, Mr. Warden was recommending that they be retained at Range 15 and that their classification be changed from Maintenance Man to Custodian. MOTION: Councilman Brown moved for the adoption of Budget Account 1800 with the recommendations regarding Custodians. The motion was seconded by Councilman Shelton and unanimously carried. 9. Engineering and Administration - Budget Account 3000 Mr. Warden stated that the Public Works Director had requested several additional employees in the Public Works Department due to the possibility that the CETA program may be discontinued. Mr. Warden had not recommended these positions for inclusion in the budget. MOTION: Councilman Shelton moved for the approval of Budget Account 3000. The motion was seconded by Councilman Brown and unanimously carried. 10. Parking Facilities - Budget Account 3100 MOTION: Councilman Brown moved for the approval of Budget Account 3100. The motion was seconded by Council- man Pipitone and unanimously carried. 11. Storm Drains - Budget Account 3200 MOTION: Councilman Brown moved for the approval of Budget Account 3100. The motion was seconded by Council- man Shelton and unanimously carried. 12. Streets - Budget Account 3300 Mr. Warden stated that the same recommendation with regard to the Maintenance Leadworker applies in this case, that he be advanced to Range 21 rather than 22 as recommended by the -Classification Study. MOTION: Councilman Brown moved for the approval of Budget Account 3300 as amended with -regard to the Maintenance Leadworker. The motion was seconded by Councilman Pipitone and unanimously carried. MINUTES - MORRO Special Meeting Page Six BAY CITY COUNCIL - June 12, 1976 13. Sanitation Budget Account"3'400 Mr. Warden stated that the Wastewater Treatment Plant Operator II was recommended in the Classification Study for Range 22 and Mr. Warden recommended an advancement to Range '21 instead. MOTION: Councilman Brown moved for the approval of Budget Account 3400 as amended with regard to the Waste- water Treatment Plant Operator II. The motion was seconded by Councilman Pipitone and unanimously carried. 14. Transportation (DRT) - Budget Account 3500 Mr. Warden advised the Council that this is a new accounting section created this year to accommodate the City's Dial -A -Ride project. This includes the hiring of a mechanic who will be shared with the Dial -A -Ride maintenance and general maintenance of City vehicles. MOTION: Councilman Brown moved for the approval of Budget Account 3500. The motion was seconded by Councilman Shelton and unanimously carried. 15. Water - Budget Account 3600 The same recommendation for Maintenance Leadworker applies here as in the other departments. Mr. Warden advised the Council that the State and the County are joining to explore water resources on the sand spit. He needs a commitment from the Council that they will be willing to drill a test well if the exploratory wells look promising. Council directed Mr. Warden to give the State a definite commitment, but not to sign any- thing yet. Councilman Pipitone stated that he is still opposed to the additional well on the Boone property. There was discussion regarding the City's annual water main replace- ment program. Six projects had originally been asked for by Staff, but three had been cut in order to keep expenses down. The possibility of forming assessment districts for water main replacement was discussed with Council requesting Staff to investigate and given recommendations with regard to forming such assessment districts. MOTION: Councilman Shelton moved that Projects No. 4, 5, and 6 on page 221 of Budget Account 3600 be retained for the 1976-77 fiscal year. The motion was seconded by Mayor Mitchell and unanimously carried. MOTION: Councilman Brown moved for the -approval of Budget Account 3600 as amended. The motion was seconded by Councilman Shelton and carried with Councilman Pipitone voting no. 16. Harbor - Budget Account 3700 There was discussion regarding the utility-restroom which was proposed for the area adjacent to the Harbor Office and for the use of the commercial fishermen; this item had been recommended for MINUTES - MORRO Special Meeting Page Seven BAY CITY COUNCIL - June 12, 1976 deletion from this years budget. Councilman Pipitone did not feel that the City was doing enough for the commercial fishermen. There was a suggestion that the City ask the commercial fishermen if they would rather the money be spent on dock or restroom facilities. MOTION: Councilman Brown moved for the approval of Budget Account 3700 with the recommended change in salary ranges. The motion was seconded by Mayor Mitchell and carried with Councilman Pipitone voting no. 17. Street Lighting Budget' Account '4000 MOTION: Mayor Mitchell moved for the approval of Budget Account 4000. The motion was seconded by Council- man Shelton and unanimously carried. The following remaining portions of the budget were considered by the Council with questions from the Council answered by Mr. Warden. 1000 - City Council 1100 - City Administration 1400 - Legal 1500 - Finance 2000 - Elections 2200 - General Services 2700 - Animal Regulation 2800 - Civil Defense MOTION: Mayor Mitchell moved for approval of the recommended portions of the balance of the budget. The motion was seconded by Councilman Brown and unanimously carried. MOTION: Councilman Shelton moved that the meeting be adjourned. The motion was seconded by Council- man Pipitone and unanimously carried. The meeting adjourned at 5:30 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 24, 1976, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the proposed Parks and Recreation Element of the General Plan; at which said hearing any person interested may appear and express his views for, against, or in modification of said Plan.i DATED: May 7, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California M. L. WARDEN, i.ty Clerk 0 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, May-24, 1976, 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 Ralph I. Gunther from planning Commission denial of a variance to allow a height of thirty-five feet in an R-1 Zone, where the maximum height is twenty-five feet, 2561 Nutmeg 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 20, 1976 DALE C. MITCHELL, Mayor City of Morro,Bay, California � ///o By. L. WARDEN, y Clerk i • CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING May 24, 1976 - 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 May 10, 1976 A-2 Minutes of the executive meeting of May 10, 1976 A-3 Financial Report - April 30, 1976 (RECOMMEND APPROVAL) A-4 Expenditure Report - May 1, 1976 through May 15, 1976 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 Award bid for Traffic Line Striping Project No. PW 75-008-33 to Safety Striping Service, Inc. in the amount of $2,347.50 (RECOMMEND APPROVAL) A-7 Bid for Bar Screen for Waste Treatment Plant, Project No. PW75-011- 34RS (RECOMMEND REJECTION) HEARINGS, APPEARANCES AND REPORTS B-1 Public Hearing on Parks and Recreation Element of the General Plan B-2 Appeal of Ralph I. Gunther from Planning Commission denial of a Variance B-3 Presentation by Fire Fighters Association of plans for Muster, September 16-19, 1976 UNFINISHED BUSINESS C-1 Area Council Transit Funding Criteria - continued C-2 Reconsideration of cost and types of water saving devices C-3 Expiration of extension of permitted docking for "Yorinda" and "Blue Eagle" at City T Pier NEW BUSINESS D-1 Consideration of Grand Jury recommendations regarding Animal Regulations D-2 Consideration of request for additional use, Lease Site No. 21 and 22 - Gunther D-3 Request of James Maul to change uses permitted for Lease Site No. 10 INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 24, 1976 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Ed Moore of the Cayucos Community Church gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Shelton and Mayor Mitchell ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of May 10, 1976 A-2 Minutes of the executive meeting of May 10, 1976 A-3 Financial Report - April 30, 1976 (RECOMMEND APPROVAL) A-4 Expenditure Report - May 1, 1976 through May 15, 1976 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 Award bid for Traffic Lane Striping Project No. PW75-008-33 to Safety Striping Service, Inc., in the amount of $2,347.50 (RECOMMEND APPROVAL) A-7 Bid for Bar Screen for Waste Treament Plant, Project No. PW75-001-34RS (RECOMMEND REJECTION) Mayor Mitchell reviewed all items on the Consent Calendar. Under correspondence there was a letter from Jane Orvis regarding Council action on the water situation, a letter from Frank Powell suggesting a water saving device, and a letter from Central California Communica- tions Corporation forwarding favorable comments as to their service. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-7 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 Public hearing on Parks and Recreation Element of the General Plan Ron Smothers representing Owen Menard and Associates, reviewed the Parks and Recreation Element of the General Plan. He stated that the Plan has been reviewed by the City Staff, Parks and Recreation Commission and the Planning Commission and their inputs have been added to the Plan. He emphasized that the most important thing to remember about the Plan is that it is flexible and can be altered and modified over the years. He identified areas where land acquisi- tion should be made for additional parks and suggested purchasing additional land near some present parks for expansion. Council members discussed the Plan and questioned Mr. Smothers as to particulars. Councilman Shelton felt that a study of the areas surrounding parks should be made so that the citizens would have an input to the study and so'.that the development of parks would reflect their intersts and needs. Mr. Smothers suggested that the time to make a character study of the specific neighborhoods is when the specific aspects of the Plan are to be implemented. He stated that the Citizens Goals Committee had given the consultants the information, MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL - May 24, 1976 in a broad sense, of the citizens needs and wants. Mayor Mitchell opened the public hearing at 8:32 p.m. and called for comments from the public. Oliver Vogt asked about the City's Plan in relation to the State Parks Plan. Mr. Smothers stated that the City''s proposed plan does not conflict with it. Mr. Vogt also asked about costs to implement the Plan, and Mr. Smothers stated that costs had not been considered. The hearing was closed at 8:39 p.m. Mayor Mitchell stated that it was now in order for the Council to recommend any changes or additions to the Plan and forward it to the consultants for final draft. Councilman Shelton stated that he would like to see some clear guidelines in the Plan to assist in the decision making process. A neighborhood use study would accomplish this and should provide a plan that the people of Morro Bay want. There was discussion regarding this concept and Mr. Smothers was directed to report back to the Council at the next meeting regarding the feasibility of such a study and the cost for it. RECESS 9:00 P.M. RECONVENED 9:12 p.m. B-2 Appeal from Ralph I. Gunther from Planning Commission denial of Variance Mr. Nuzum, Planning Director, advised the Council that this application is to build a single family residence with a height of approximately thirty-five feet at 2561 Nutmeg, which is in a district where the maximum allowed height is twenty-five feet. He noted that the slope of the property is 34% which is a relatively steep slope. The applicant claims that lowering the height of the structure would result in an overly steep driveway. The plan for the structure shows the top floor level with Nutmeg Street. The Planning Commission had denied the application for a variance because of the magnitude of the request; the applicant could have compromised by designing his drive- way for a slight slope. Councilman Shelton asked if there was a hardship involved and Mr. Nuzum stated that there is a hardship because of the steepness of the slope, however, a sloping driveway would eliminate the need for a variance. Mayor Mitchell declared the hearing open at 9:26 p.m. and called for presentations regarding this appeal. Mr. Gunther stated that he is asking for permission to build his house ten feet above street level. He felt it was a reasonable request. Mr. Craig, Mr. Vogt, Don Snyder and Russ Frost spoke against granting the appeal. They were concerned that this might set a prece- dent. Mr. Gunther stated that he did not wish to set a precedent, however, the steepness of the slope warranted the granting of this request. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL - May 24, 1976 The hearing was closed at 9:42 p.m. Mayor Mitchell stated that it appears that nothing had been done to mitigate the harship other than to request a variance. He felt that=the applicant could work out the situation whereby his driveway would slope slightly and thus eliminate the need for requesting a variance. There was discussion of the matter with Council members of the opinion that alternatives to the situation could be worked out. MOTION: Mayor Mitchell moved that the appeal be denied. The motion was seconded by Councilman Shelton and unani- mously carried. B-3 Presentation by Fire Fighters Association of plans for Muster, September 16-19, 1976 Jim Tracy of the Morro Bay Fire Fighters presented the Union's plans for the Muster to be held in September. They had decided that the parking lot on the Embarcadero next to P. G. & E. would be the best place to hold it. He outlined the plans for traffic control and advised the Council that details would be worked out with the Police Department and the Public Works Department. UNFINISHED BUSINESS C-1 Area Council Transit Funding Criteria - contined Council members discussed.the various aspects of implementation criteria and what opinions they should forward to the County through their representative to the Area Council. They decided that since the Council is committed to the Dial -A -Ride program within the City, they are not in favor of plans which interfer with this program. With regard to the establishment of a Transit Authority, Council decided they were in favor of the Joint Powers Authority which might ultimately make the transition into a Transit District. With regard to the elderly/handicap system, Council members did not feel there was enough data presented upon which to make a valid judgment. They decided that any funding policy should be based on population ratios. MOTION: Councilman Brown moved that the City of Morro Bay allocate the $749.28 for the operating expenses of the Area Council. The motion was seconded by Mayor Mitchell and unanimously carried. C-2 Reconsideration of cost and types of water saving devices Mr. Warden stated that Staff had arrived at a figure of $1240 to purchase 2000 shower and toilet devices and prepare informational material for a water saving program. He informed the Council that the wells are dropping and production is up, however, he is not recommending, at this time, that mandatory measures be taken to con- serve water. He does recommend the purchase of the items mentioned above and initiating an awareness program so that citizens will volun- tarily save water. The City has already ceased watering the parks. MOTION: Mayor Mitchell moved that the City obtain the items suggested for a total cost of $1240. The motion was MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL May 24, 1976 seconded by Councilman Shelton. Councilman Pipitone did not feel that part of the City is warranted. The items for citizen purchase in Morro Bay stores. items would be thrown away or not used. the expenditure on the could be made available He was concerned that the Mr. Warden suggested that a team could be formed which would volunteer to kfistall the water saving devices when they are delivered to homes. Carl Williams did not feel that the City should purchase the items for distribution, but instead should implement a water conser- vation program. Mayor Mitchell and Councilman Shelton pointed out that what has been proposed is a water conservation program and an education pro- cess for the public. The motion was carried on the following roll call vote: AYES: Councilmen Brown, Shelton and Mayor Mitchell NOES: Councilman Pipitone C-3 Expiration of extension of docking for "Yorinda" and "Blue Eagle" at City "T" Pier Mayor Mitchell stated that this matter is again before the Council because of the rather permanent nature of the two boats docking at the "T" Pier which is reserved for transient vessels only. Councilman Pipitone suggested that this matter be deferred until the committee to discuss possible amendments to the Harbor Ordinance meets and makes their recommendations. Councilman Shelton felt that the amendments might take awhile and the Council should pursue the ordinance as it stands. Mrs. Cunningham stated that she still had no solution, however, her.lease on her gift shop is up in February and, if her boat is not complete by then, she will sell it and move. MOTION: Councilman Pipitone moved that an extension be granted to the "Yorinda" and the "Blue Eagle" until February, 1977, when Mrs. Cunningham states she will definitely have to do something by then. The motion was seconded By Councilman Brown and carried with Councilman Shelton voting "no" and Mayor Mitchell abstaining. NEW BUSINESS D-1 Consideration of Grand Jury recommendations regarding Animal Regulations Mr. Warden explained that there are two issues of concern in the recommendations. One is that the Grand Jury has recommended that no animals be offered for adoption, all should be destroyed if not claimed by their owners within one or two days. The other recommendation came 0 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 24, 1976 Page Five from Grover City and recommends the reduction of rates for senior citizens. This is not particularly favored since it -is not yet known how self-sustaining the present rates are and rates for animal owners other than senior citizens would have to increase in order to make up the difference. Council members indicated that they were against the policy of destroying all animals and advised that they were in favor of an adoption policy, that they favored a spaying clinic and, at this time time, they did not favor selective fee reductions. D-2 Consideration of request for additional use, Lease Sites No. 21 and 22, Gunther Mayor Mitchell stated that the request was to add the use of "rental of space" to both lease Sites No. 21 and 22. This would enable Mr. Gunther to rent out space without having to come to the Council for approval of a sub -lease each time. Mr. Warden pointed out that one of the uses on Lease Site No. 21 is "retail sales" which allows Mr. Gunther considerable latitude in what the space is to be used for. The fact that Mr. Gunther is requesting an additional use gives the Council an opportunity to put conditions on the other uses. MOTION: Councilman Pipitone moved that the uses on Lease Sites No. 21 and 22 remain as presently set forth. The motion was seconded by Councilman Brown. There was discussion on the motion with Mr. Gunther asking Council if they would consider the additional use if a condition was set on it that he had to come before Council for approval of any uses. Council agreed with this request. Councilman Pipitone amended his motion to Staff be directed to work with Mr. Gunther to make the necessary modifications to his leases to allow him to rent space on his lease sites on the condition that Council review all uses beforehand. The amend- ment was accepted by Councilman Brown and the motion was unanimously carried. D-3 Request of James Maul to change permitted uses for Lease Site No. 10 Mayor Mitchell stated that Council was in receipt of a request from Mr. Maul to change his lease uses to allow a party boat of up to thirty feel in length to be berthed on the lease site. Mr. Warden advised Council that the only activity performed is the loading and unloading of passengers; no ticket sales or reservations are to be performed on the site. MOTION: Councilman Shelton moved that Council allow the lease modification to include party boat operation and direct Staff to make the necessary modification and bring back to City Council for formal approval. The motion was seconded by Councilman Pipitone and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council 0 • MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL - May 24, 1976 Council members had nothing to report. E-2 City Attorney Mr. LeSage had nothing to report: E-3 City Administrator (1) Mr. Warden stated that he had received correspondence from the Commission on the Status of Women inviting nominations for a Certificate of Merit to be presented to an indivi- dual in the County who has worked toward raising the status of women. He asked Council members to let him know if they had any recommendations. (2) Mr. Warden stated that he is in receipt of a letter from the Central Rehabilitation Clinic, Inc., thanking the Council for the allocation of funds. (3) Mr. Warden advised the Council that he had received a check from State Compensation Insurance Fund in the amount of $4027.96 as a refund on the City's premium for the fiscal year 1973-74. (4) Mr. Warden informed the Council that Caltrans is planning to advertise the San Jacinto project in September of 1976. The City's share will be $62,100 which will be reflected in the 1976- 77 budget. (5) Mr. Warden requested an executive session to discuss salary negotiations. Mr. LeSage advised the Council that he had attended a City Attorney's conference regarding insurance and would be reporting to the Council on that at a later date. Councilman Pipitone expressed his opinion that as much as possible, Council should consider in public things that are not necessarily proper for executive sesssion. He has felt that many items'.in.the_ past discussed in executive session could have just as well been handled in regular session. ADJOURNMENT MOTION: Mayor Mitchell moved that the meeting adjourn to executive session to discuss salary'negotations. The motion was seconded by Councilman Shelton and unanimously carried. The meeting adjourned to executive session at 11:42 p.m. and returned to regular session at 12:30 a.m. MOTION: Mayor Mitchell moved that the -meeting be adjourned. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 12:30 a.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, May 10, 1976, 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 Ron Hurlbert from Planning Commission denial of a Transitional Use Permit to allow R-2 uses in an R-1 Zone, 672 Bernardo 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 27, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M. L. WARDEN, City Clerk • i CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING May 10, 1976 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 April 26, 1976 A-2 Minutes of the executive meeting of April 26, 1976 A-3 Minutes of the adjourned regular meeting of April 27, 1976 A-4 Minutes of the executive meeting of April 27, 1976 A-5 Minutes of the special meeting of May 3, 1976 A-6 Minutes of the executive meeting of May 3, 1976 A-7 Expenditure Report, 4-16-76 to 4-30-76 (RECOMMEND APPROVAL) A-8 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-9 Public Hearing on Parks and Recreation Element of the General Plan (SET HEARING DATE FOR 5-24-76) A-10 Public Hearing on Housing Element of the General Plan (SET HEARING DATE FOR 6-14-76) A-11 Concept approval of dock plans for Lease Sites No. 52 and 52W, Whibley (RECOMMEND APPROVAL BE FORWARDED TO CORPS OF ENGINEERS) A-12 Resolution No. 30-76 authorizing changes in permitted uses on Lease Sites No. 71, 72, 71W & 72W, Mitchell (RECOMMEND ADOPTION) A-13 Claim of Charles Stadler for sewer backup damages in the amount of $500 (RECOMMEND AUTHORIZATION FOR PAYMENT) HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of Sandal regarding amendments to the Harbor Ordinance B-2 Public hearing on appeal of Ron Hurlbert from Planning Commission denial of Transitional Use Permit B-3 Appeal of Paul Moerman, City Neon, Inc., from Planning Commission denial of Hinson Tire Sign B-4 Consideration of water conservation measures UNFINISHED BUSINESS None NEW BUSINESS D-1 Resolution No. 31-76 approving assignment of Lease Site No. 37W, Macri to Meyer D-2 Area Planning Council transit funding criteria D-3 Consideration of acquiring surplus County property D-4 Resolution No. 32-76 adopting the FIA Flood Boundary Map in accordance with the Federal Flood Insurance Act of 1968 INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator 0 MINUTES ^ PIOARO BAY CI.TY COUNCIL Regular Meeting May 10, 1976 - 7:30 p;m. Morro Bay- Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Shelton and Mayor Mitchell ABSENT. None CONSENT CALENDAR A-1 Minutes of the regular meeting of April 26, 1976 A-2 Minutes of the executive meeting of April 26, 1976 A-3 Minutes of the adjourned regular meeting of April 27, 1976 A-4 Minutes of the executive meeting of April 27, 1976 A-5 Minutes of the special meeting of May 3, 1976 A-6 Minutes of the executive meeting of May 3, 1976 A-7 Expenditure Report, 4-16-76 to 4-30-76:(RECOMMEND APPROVAL) A-8 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-9 Public Hearing on Parks and Recreation Element of the General Plan (SET HEARING DATE FOR 5-24-76) A-10 Public Hearing on Housing Element of the General Plan (SET HEARING DATE FOR 6-14-76) A-11 Concept approval of dock plans for Lease Sites No. 52 and 52W, Whibley (RECOMMEND APPROVAL BE FORWARDED TO CORPS OF ENGINEERS) A-12 RESOLUTION NO. 30-76 authorizing changes in permitted uses on Lease Sites No. 71, 72, 71W, 72W, Mitchell (RECOMMEND ADOPTION) A-13 Claim of Charles Stadler for sewer backup damages in the amount of $500 (RECOMMEND AUTHORIZATION FOR PAYMENT) Mayor Mitchell reviewed all items under the Consent Calendar. Items of correspondence were a letter from Senator John Tunney re- garding the City's complaint of the Microwave Transmission Corp- oration; an answer from the Microwave Transmission Corporation regarding the City's complaint; and a letter from the Department of Housing and Urban Development advising the City of non -approval of a request for financial assistance for a Community Development Block Grant. Councilman Brown requested that Item A-8 with regard to the answer from the Microwave Transmission Corporation be withdrawn from the Consent Calendar. 1 Councilman Pipitone asked if the $500 for the claim in Item A-13 is the City's deductible amount. Mr. Warden stated yes. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-13, with.the exception of the response from the Microwave Transmission Corporation in Item A-8; with .the -understanding that approval means taking that action recommended by the City Administrator. The motion was seconded by Councilman Shelton. Mayor Mitchell stated that he would abstain from voting since he has a conflict of interest in Item A-12. MINUTES - MORRO Regular Meeting Page Two PAY CITY COUNCIL May 10,' .1976 The motion was carried by roll call vote with Mayor Mitchell abstaining. A-8 Notice from the Attorneys of Microwave Transmission Corporation regarding the City's "Notice of informal complaint" Councilman Brown stated that he had read the material provided and cannot see any additional information than that given by the representative of the Microwave Corporation several months ago. He suggested that a letter be written to the FCC advising them that the Council had previsouly heard the same information from the Microwave Transmission people and that service has not improved. Councilman Brown stated that he has had extensive conversations with the Cable TV and Microwave people and although service appeared to improve for a short while, it is again generally unsatisfactory. MOTION: Councilman Brown moved that the Federal Communications Commission be advised that the same information presented in the Microwave Transmission Corporation answer was presented to the City Council by their representative at a meeting on October 13, 1975 and prior to submitting of the City's resolution complaining about the service. The motion was seconded by Councilman Pipitone and unanimously carried. HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of Sandal regarding amendments to the Harbor Ordinance Mayor Mitchell stated that he had no backup material on this appearance and asked Sandal if he would like to proceed with his presentation. Sandal asked if the Council had received their letter stating that they were infringing on boat owners' constitutional rights by having an ordinance which states that City representatives can enter their boats for inspection. Mr. LeSage stated that he had received it and is presently working on an answer to it. Sandal proceeded to rebiew.Chapter 15.40 of the Morro Bay Municipal Code entitled Houseboat or Vessel Habitation. He main- tained that the restrictions placed therein were unconstitutional and infringed on his way of life. He stated that there are already federal and state regulations on the harbor and the City's ordinance is ambiguous. He felt that there should be an area in the harbor that provided free mooring for those who cannot afford even the minimal amount of fee. David Langley reviewed his experiences with the Harbor ord- inanceand trying to get a permit to liveaboard. He would like to see the whole ordinance thrown out and start over. Hal Dingle asked what the Council was going to do about the r MINUTES, � MORRO Regular Meeting Rage Three BAY CITY COUNCIL May 10F' 1976 the letter advising them that they were in violation of a con- stitutional right.. Mayor Mitchell stated that the matter had been referred to the City Attorney, Norman Boudreau asked the Council to attempt to satisfy the desires of the people Who wish to live aboard their vessels. He said that the bay was much safer and free from thefts when these people were in the mooring area. Mayor Mitchell stated that he had no objection to reviving the Harbor Ordinance Committee and reviewing the objections stated this evening and amending the ordinance if necessary. Steve Myrick spoke in favor of forming a committee to review the ordinance entirely. Walter Erickson stated that he is being sued by the City for mooring fees on what he had considered, for twenty years, to be his own private property. He asked if the Council could declare a moritorium on the suit until the issue is resolved. Mr. LeSage stated that many invoices have been sent to the in- dividuals by the City. He also sent letters out and received no answers, so he proceeded to initiate legislation. He advised that the bay is not private property but owned by the State and is held in trust by the City. All funds received from moorings, dockage and leases are accounted for and spent only on harbor related activities. Tom Adler spoke of the theft problem during the summer months that the liveaboards help to alleviate. MOTION: Mayor Mitchell moved that the Harb'br Ordinance Committee be revived to study possible changes in the Harbor Ordinance. The motion was seconded by Councilman Brown and unanimously carried. Mayor Mitchell appointed Councilmen Pipitone and Shelton to this committee and stated that they could choose their own committee members. Councilman Brown suggested asking Planning Commissioner Baxter as he is a member of the Yacht Club and familiar with water front problems. Mr. Warden also suggested asking a member of the Commercial Fishermen's Organization as they are very concerned with any changes in the harbor. RECESS 8:33 p.m. RECONVENED 8:43 p.m. B-2 Public hearing on appeal of Ron Hurlbert from Planning Commission denial of Transitional Use Permit Mr. Nuzum explained that the subject property is located at 672 Bernardo Avenue and is in an R,l District bounded on one side by an R-3 District. The Zoning Ordinance permits a transitional use to the adjacent district if the uses are found to be compatible. The applicant wishes to build a duplex which is permitted in an R-3 district, but not in the R-1 district in which the property is located. He stated that the request is consistent with the General Plan in that the property is shown as very high density on the Land Use Element. The request, however, was denied by the Planning Commission on a 3-2 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 10, 1976 - 7:30 p.m. Page Four vote on the basis that "it is not in the best interests of the neighborhood." Councilman Pipitone asked how the question of a Transitional Use Permit can be resolved. Mr. LeSage stated that the way to re- solve it is to amend the ordinance to do away with it. Mayor Mitchell opened the public hearing at 8:50 p.m. and called for presentations regarding the appeal. Ron Hurlbert asked Council if they were in receipt of the Planning Commission meeting minutes of April 19, 1976, with regard to this matter. Council stated that they were and Mr. Hurlbert had no further comments at this point, but reserved the right for re- buttal later. Mark Morrison, Mr. and Mrs. Wainwright, Clay Jones, and Mr. Wolf spoke in opposition to the appeal, stating that the property should remain an R--1 designation and expressed the general feeling that the traffic in the area would increase and would generate increased parking on.the streets. Ron Hurlbert advised the Council that of the residents speaking, one was two doors away from the proposed project and the others were further away. The resident across the street stated at the last Commission meeting that she had no objections to the project and Mr. Hurlbert gave the Council a letter from the property owner of the property directly south of the project stating that he has no ob- jection to the project. Mr. Hurlbert explained that the project complies with the garage requirements for this type of building and that the building does not block anyone's view. Mr. Hurlbert ad- vised that he represents the owner of the property. An unidentified lady spoke stating that the residents in the house directly south of the project are not the property owners. As there were no further comments, the hearing was closed at 9:10 P.M. Mayor Mitchell and Councilman Shelton were of the opinion that the appeal should be denied and the decision of the Planning Com- mission upheld. MOTION: Councilman Shelton moved that the appeal of Ron Hurlbert from Planning Commission denial of a Transitional Use Permit be denied. The motion was seconded by Councilman Brown. After further discussion the motion was amended. Councilman Shelton amended his motion to include that the Council's finding is based on the Planning Commission's decision that the use is not in the best interests of the neighborhood. The amendment was accepted by 1] MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL - May 10, 1976 Councilman Brown and unanimously carried. MOTION: Councilman Brown moved that Staff ask the Planning Commission to review the Transitional Use Permit procedures in the Zoning Ordinance and, if they feel it cannot be fairly utilized in Morro Bay, that they hold public hearings on amending the Zoning Ordinance. The motion was seconded by Councilman Pipitone and unanimously carried. B-3 Appeal of Paul Moerman, City Neon, Inc., from Planning Com- mission denial of Hinson Tire Sign Mayor Mitchell disqualified himself from discussion in the matter as his law firm represents City Neon, Inc. and turned the meeting over to Mayor Pro Tem Brown. Mayor Pro Tem Brown asked Jim Nuzum to review this appeal for the Council. Mr. Nuzum advised the Council of the company's pre- vious request before the Planning Commission and appeal before the City Council which was denied. City Neon, Inc. had presented a new sign and the Planning Commission found that "there has not been any significant change in the sign to warrant a change in the pre- vious motion of denying it." Mayor Pro Tem Brown asked if present signs on the business are in accordance with the ordinance.' Mr. Nuzum stated that they are, however, if the Council approves the proposed sign, the surface signing presently on the building would have to be eliminated since the area would exceed the allowable square footage. Mr. Paul Moerman, representing City Neon, presented the Council with a photograph of the proposed sign. It was noted that "Dunlop" is the product part of the sign which the Planning Commission is objecting to. He did not feel that "Dunlop" is an overbearing part of the sign. He stated his feeling that the "little guy"`is being discriminated against in that product signs such as Texaco, Safeway and American Motors are allowed. Henry Keil of Hinson's Tire Service, explained that he and his partner cannot afford the sign without the help of "Dunlop" and that the sign is necessary for people to find his business. Jim Kelso of Dunlop Tires spoke in favor of the appeal. The hearing was closed at 9:25 p.m. Mr. Nuzum advised the Council that the Planning Commission has appointed a sub -committee to review this particular provision in the ordinance with regard to product signs and may or may not come back with a recommendation in favor of it. Mr. LeSage explained that the ordinance defines an identifi- cation sign as one which "advertises the name of the business or enterprise and it may state a brief description of the service it performs of type of merchandise it sells." MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL - May 10, 1976 Councilman Pipitone felt that one more sign in the area will not make that much difference. Councilman Shelton disagreed and stated that the ordinance should be followed until there is an amendment to it; and the ordinance is very clear as to how the sign ordinance should be implemented. It was noted that if the ordinance should be amended, the applicant can again apply for the sign permit if his sign is in conformance with the amendments. MOTION: Mayor Pro Tem Brown moved that the decision of the Planning Commission with regard to the Hinson Tire Service sign, be upheld. The motion was seconded by Councilman Shelton and carried with Councilman Pipitone voting no and Mayor Mitchell abstaining. RECESS: 9:35 p.m. RECONVENED 9:42 p.m. B-4 Consideration of water conservation measures Mayor Mitchell reviewed the City Administrator's memo for Council. Mr. Warden compared last And this year's rainfall figures and stated that although there is a problem, he is not ready to recommend emergency measures at this time. However, he did suggest that the Council reconsider the purchase of the water -saving devices presented at a previous Council meeting, perhaps issue an inform- ational throw -away to be included in the Sun -Bulletin and authorize developing a new well on the Boone property. The well would not add additional water to the City's system, however, it would provide for better management of the existing wells and be a backup in case of failure of one or more wells. The cost of the well is approxi- mately $22,000 and Mr. Warden recommended authorizing the transfer of funds at this time as it takes approximately three to four months to get a well on the line. With regard to the Giannini well, Mr. Warden stated that it was within 1% of the maximum limit of nitrates as established by the State Health Department and, therefore, is questionable as to its usability. There was considerable discussion of the options open to the Council at this time. Councilman Pipitone was opposed to the City purchasing the water -saving kit and felt that the cost should be borne by the citizens. He was also against appropriating ex- penditures for another well; he felt that the City would "just be putting another straw in the glass!'. There were several suggestions by Council members and citizens, i.e., service clubs assisting in a public awareness campaign, a listing of the types of low maintenance plants which are typical to the area, a possible ordinance change establishing the type of landscaping which would be allowed on newly developed property, etc. MOTION: Mayor Mitchell moved that Council implement the suggestion to develop another well on the Boone property. The motion was seconded by MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL - May 10, 1976 Councilman Shelton. The motion failed with Councilmen Brown and Pipitone voting no. MOTION: Councilman Brown moved that Staff make plans for the distribution of an information booklet to be included in the Sun -Bulletin throw -away to include water -saving suggestions and types of plants that take little water. The motion was seconded by Councilman Shelton. Mr. Warden suggested that the Sun -Bulletin might not be the best vehicle for getting the information to the citizens since there appear to be more households .than subscribers to the paper. The City could work with service groups or the Recreation Department for a door-to-door distribution of the literature. MOTION: Councilman Brown amended his motion to eliminate the Sun -Bulletin portion of the motion and to direct the City Administrator to proceed with the distribution plans. The amendment was accepted by Councilman Shelton and unanimously carried. UNFINISHED BUSINESS None NEW BUSINESS D`1 RESOLUTION NO. 31-76 approving assignment of Lease Site No. 37W, Macri to Meyer MOTION: Councilman Brown moved that Resolution No. 31-76 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 31-76 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 31-76. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. D-2 Area Planning Council transit funding criteria Mr. Warden explained that there are two issues contained in the information provided to the Council; one is a funding policy for a•Regional Transit Plan to be discussed by the Council and the other is a request for an allocation of funds to proceed with general Area Council business in the forthcoming year. Councilman Brown briefed the Council with regard to actions of the Area Council and stated that he would like to see the issue of a County -wide Regional Transportation Plan go to the vote of the MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL - May 10, 1976 people. He indicated that of the options given, he favored the percentage of the "financial pie" for county and cities based on population; the "Joint Powers Agency" for the legal entity; and the intracommunity system priority of implementation. After discussion, it was decided that the matter would be brought back to the Council at the next meeting for consideration after Council members have further opportunity to study it. D-3 Consideration of acquiring surplus County property Mayor Mitchell stated that the request was for a twenty-five foot wide strip that connects Main Street with the waterfront at the Union Oil Dock. It is used as a storm drain for the City's drainage system and, as the County has no use for the property, it is re- commended that the City acquire it at no cost. MOTION: Councilman Pipitone moved that the City Administrator be directed to follow through and see if the property can be acquired. The motion was seconded by Councilman Brown and unanimously carried. D-4 RESOLUTION NO. 32-76 adopting the FIA Flood Boundary Map in accordance with the Federal Flood Insurance Act of 1968 Mayor Mitchell stated that the proposed resolution is necessary in order for people to secure federally guaranteed flood insurance. The Department of Housing and Urban Development has determined that the City's storm levels are at twenty year intervals and maps are being drawn on the basis of 100 year storm levels. MOTION: Councilman Brown moved that Resolution No. 32-76 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 32-76 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 32-76. The motion was seconded by Councilman Pipitone and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Shelton reported that he was in receipt of correspondence which he intended to turn over to the City Administrator with regard to self-insurance. (2) Councilman Pipitone questioned the necessity for executive sessions. He felt that many of the items recently discussed in executive session could very well have been discussed in open session. Mr. LeSage stated that the items the Council has been • • MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL - May .10, 1976 discussing in executive session are legally within the terms of the Brown Act. E-2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden informed the Council that there have been increases is Workmen's Compensation and PERS rates. Workmen's Compensation, effective May 1, 1976, will increase 8.7% for all components and on July 1, 1976, the rates will differ between components but will average an additional increase of 21.7% for a total of approximately 308.. On July 1, 1976, the City's share of PERS will-irickease from.8:2%'to 9.2% for miscellaneous employees and for safety employees from 11.916% to 13.416%. This increase will cost the City $15,444 for Workmen's Compensation and $26,987 for PERS annually, for a total of $26,987. Councilman Pipitone asked about the employees' share when separating from the system. Mr. Warden stated that the City's share that is contributed towards the employees' retirement remains in the system even though the employee terminates and withdraws his con- tributions. (2) Mr. Warden stated that he is in receipt of an executed copy of the Agreement between the City and Cal -Trans for the traffic signal at San Jacinto and Highway #1. (3) Mr. Warden advised the Council that the terms of Parks and Recreation Commissioners Bill Payne and Jim Merzon expire on June 30, 1976. The past procedure for filling these vacancies is to advertise and ask the retiring members if they wish to be reconsidered. If Council has no objections, Mr. Warden said he would continue in the same manner. Council members had no ob- jections. (4) Mr. Warden asked Dave Braga to advise the Council about the Elementary/Junior High Track Program. Mr. Braga stated that sixty-five boys and girls competed in the Ventura Channel Counties Municipal Athletic Association Track Meet May 1st. Morro Bay dominated the Meet, winning the team championships competing against other cities such as Ventura, Thousand Oaks and Santa Paula. Mr. Braga felt that this was a notable achievement for a town the size of Morro Bay. (5) Mr. Warden requested an executive session to discuss personnel matters. ADJOURNMENT MOTION: Councilman Brown moved that the meeting adjourn to executive session -to discuss personnel matters. The motion was seconded by Councilman Shelton and unanimously carried. 19 • MINUTES MORRO BAY CITY COUNCIL Regular Meeting - May 10, 1976 Page Ten The meeting adjourned to executive session at 10:55 p.m. and returned to regular session at 11:33 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 11:34 p.m. RECORDED BY: 0 MURRAY L. WARDEN City Clerk By: Ardith Davis Deputy City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Monday, May 3, 1976, at 5:00 p.m., in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, to consider personnel matters. DATED: April 30, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California - //� �/x jo t I -t� B : L. WARDEN, City Clerk MINUTES - MORRO BAY CITY COUNCIL Special Meeting i May 3, 1976 5:00 p.m. Morro Bay Recreation Hall The meeting was called to order at 5:05 p.m. by Mayor Mitchell. PRESENT: Councilmen Brown, Pipitone, Shelton and Mayor Mitchell ABSENT: None Mayor Mitchell stated that the meeting had been called for the purpose of having an executive session regarding personnel matters. MOTION: Councilman Pipitone moved that the meeting adjourn to executive session to consider personnel matters. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned to executive session at 5:07 p.m, and returned to regular session at 6:30 p.m. Mr. Warden read, in executive session, the letters he intended to send to the Morro Bay Peace Officers Association. MOTION: Councilman Shelton moved that the letters be approved as read. The motion was seconded by Councilman Brown. Councilman Pipitone stated that he is opposed to the motion. He does not feel that the letters are strong enough; the investiga- tion into the Police Department situation is incomplete; and he is strongly opposed to the letter, of reprimand'to the sergeants. He felt that the Council was making a decision without covering all bases. Councilman Shelton asked him what could be done additionally. Councilman Pipitone stated that because he felt that;:the people involved have not expressed themselves and the information given is not valid enough to make a decision, that the Council should become involved. Councilman Brown stated that the fact that some people have refused to talk to the City Administrator is no excuse for ignoring the processes set forth by resolution. The process should be allowed to work and, if the people involved are not happy with decisions made by the Administration, they can always appeal it. Councilman Shelton stated that notice had been given to the Association that facts were needed to substantiate their grievances. This information should have been documented and given to the Administrator for investigation. Mayor Mitchell agreed and stated that ample information had been obtained to support the conclusions reached. The motion carried with Councilman Pipitone voting no. MOTION: Councilman Pipitone moved that the meeting ajourn. The motion was seconded by Councilman Shelton and unanimously carried. The meeting adjourned at 6:40 p.m. Recorded by: Z9�4 By: Ardith Davis M. L. WARDEN, City Clerk Deputy City Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting April 27, 1976 - 4:00 p.m. City Hall Conference Room The meeting was called to order at 4:00 p.m. by Mayor Mitchell. PRESENT: Councilmen Brown, Pipitone, Shelton and Mayor Mitchell ABSENT: None MOTION: Councilman Brown moved that the meeting adjourn to executive session to discuss personnel matters. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned to executive session at 4:02 p.m. and returned to regular session at 6:19 p.m. MOTION: Councilman Pipitone moved that Council dismiss the Chief of Police without prejudice and follow the other recommendations as set out by the City Administrator. The motion died for lack of a second. MOTION: Mayor Mitchell moved that Council adopt the recommendations of the City Administrator, ex- cept for the recommendation with regard to reprimands; and, in addition, direct the City Administrator to prepare a press release setting forth the fact that.these procedures have been adopted by the Council. The motion was seconded by Councilman Brown. Councilman Shelton felt that the reprimand part of the recommend- ations was in order since it would officially set forth that the Chief had been notified that there were problems in the Department and put him on six month's notice. The motion failed on the following roll call vote: AYES: Councilman Brown and Mayor Mitchell NOES. Councilmen Pipitone and Shelton Council decided to return to executive session to discuss the matter further. MOTION: Councilman Shelton moved that the meeting return to executive session. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned to executive session at 6:10 p.m. and returned to regular session at 6:41 p.m. It was announced that Council had decided to follow the recommendations outlined by the City Administrator, including the reprimands;?that the reprimands would be in accordance with the City Attorney's legal restrictions; and that the City Administrator be directed to announce to the news media the actions taken at this time. MINUTES - MORRO BAY CITY COU14CIL Adjourned Regular Meeting - April 27, 1976 Page Two MOTION: Councilman Brown moved that the meeting adjourn. The motion was seconded by Mayor Mitchell and unanimously carried. The meeting adjourned at 6:41 p.m. RECORDED BY: MURRAY L. WARDEN City Clerk By: Ardith Davis Deputy City Clerk MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 26, 1976 - 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Shelton and Mayor Mitchell ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of April 12, 1976 A-2 Minutes of the executive meeting of April 12, 1976 A-3 Financial Report, 7-1-75 to 3-31-75 (RECOMMEND APPROVAL) A-4 Expenditure Report, 4-1-76 to 4-15-76 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEM BE RECEIVED AND FILED) A-6 Consideration of Agreement with P.G.& E. for Underground Utility District No. 2, street lighting installation (RECOMMEND APPROVAL) A-7 Appeal of Ron Hurlbert from Planning Commission denial of Transitional Use Permit (SET HEARING DATE FOR 5-10-76) A-8 Award bid for City Park playground equipment in the amount of $2,803.70 (RECOMMEND APPROVAL OF DIRECTOR PUBLIC WORKS MEMO) A-9 Transfer Voucher No. 5-6-20 in the amount of $459.00 for City Park playground equipment (RECOMMEND APPROVAL) A-10 Award bid for Cardio-Pulmonary Resuscitator to Armstrong Industries, Inc. in the amount of $2,190 (RECOMMEND APPROVAL) Mayor Mitchell reviewed all items on the Consent Calendar. He requested that Item A-6 be withdrawn from the Consent Calendar and Councilman Pipitone requested that Item A-10 be withdrawn. The correspondence contained a notice that the Microwave Transmission Corporation was requesting an extension of time from the Federal Communications Commission to answer the complaints from Morro Bay and other cities in this area regarding Cable TV service. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-9 with the exceptions of Items A-6 and A-10, this approval with the understanding that it means taking that action recommended by the City Administrator. The motion was seconded by Councilman Pipitone and unanimously carried. Mayor Mitchell asked if the $16,974 in the agreement with P.G.& E. for Underground Utility District No. 2 is the total amount of the project. Mr. Warden stated that that is the City's share and the property owners will be paying for the hook-up from the property line to their buildings. It was noted that $30,000 was budgeted for this from Revenue Sharing and the difference between the City's actual share and the budgeted amount will be surplus and carried over to Fiscal Year 1976/77. 46 MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL - April 26, 1976 MOTION: Mayor Mitchell moved for the approval of Item A-6, Consideration of Agreement with P.G. & E. for Underground Utility District No. 2, Street lighting installation. The motion was seconded by Councilman Pipitone and unanimously carried. Councilman Pipitone asked, in reference to Item A-10, as to the legal method of transfer for ownership of the cardio-pulmonary resuscitator. Mr. Warden explained that Mr. LeSage is preparing an agreement between the City and Bay Ambulance to meet the legal restrictions involved in using public money to acquire this equipment for use by a private company. The contract will include a provision that the Ambulance Company return the resusitator to the City if it goes out of business or moves to a different district, or, alternatively, that the Ambulance Company pay the City for the unit. MOTION: Councilman Brown moved for the approval of Item A-10, Award bid for Cardio-Pulmonary Resuscitator to Armstrong Industries, Inc. in the amount of $2,190. The motion was seconded by Councilman Shelton and unanimously carried. Mayor Mitchell noted that a group of Camp Fire Girls were in the audience as a part of a BiCentennial project to become involved in City government. HEARINGS, APPEARANCES AND REPORTS B-1 RESOLUTION NO. 27-76 commending the Morro Bay High School Pirates Basketball Team Mr. Warden read Resolution No. 27-76 in its entirety. MOTION: Councilman Brown moved for the adoption of Resolution No. 27-76. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. Coach Sal Cardinale thanked the Council for their support and recognition in passing the resolution. B-2 Appearance of Bert Townsend presenting the Preliminary County -Wide Solid Waste Management Plan Mr. Townsend reviewed the Preliminary Plan of the County -Wide Solid Waste Management Plan which includes a litter prevention and control program, mandatory collection, a recycling system and the purchasing of a disposal site. The estimated cost to the City of Morro Bay is $17,566 plus another $442 in user fees. They are also recommending an additional 1/4% increase in the current garbage collector's franchise payment. Councilman Shelton asked when the final Plan would be ready for adoption and Mr. Townsend said, hopefully, in June, 1976. i • MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL - April 26, 1976 Mr. Willard McGonagill asked if there were provisions for mechanical or chemical disposal. Mr. Townsend stated no, as they are extremely expensive and in an experimental stage at this point; also, the County does not have the volume of water necessary to support a mechanical or chemical disposal system. Mr. Townsend stated that if the Council wished to offer any comments at this time, he would take them down and include them in the final Plan, As there were no comments, Mr. Townsend thanked the Council for their time. BUSINESS C-1 RESOLUTION NO. 28-76 approving Agreement with the Department of Transportation for the installation of a traffic control signal Mayor Mitchell stated that this agreement with the State in- dicates the City's willingness to pay its share of the installation of a traffic signal at San Jacinto and Highway #1. The estimated amount of the City's contribution is $62,100, which is one-half of the estimated cost of the total project. MOTION: ' Councilman Brown moved that Resolution No. 28-76 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 28-76 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 28-76. The motion was seconded by Councilman Pipitone. Rod Pound asked if the resolution proposed included a request to expedite the installation of the traffic signal. Mr. Warden said no, however, the resolution passed at a previous meeting contained an urgency expression. Mr. Pound stated that the earliest date he can get from CalTrans for a start on this project is late 1978 and he felt that the citizens should start a letter -writing campaign or something more radical to draw attention to the urgency with which citizens regard this matter. Councilman Pipitone noted that the City had questioned CalTrans as to the possibility of the City initiating the project and having the State reimburse the City and the answer to this query was a de- finite no. Mayor Mitchell stated that most requests for funds from the State have to be made two years in advance and he feels the estimated time of 1978 is fairly quick action. Councilman Shelton saw no reason why the citizens couldn't phone and write to CalTrans trying to urge an earlier priority on this project. The motion was unanimously carried by roll call vote. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 26, 1976 Page Four C-2 Reconsideration of Central Rehabilitation Clinic request for funds Mr. Warden stated that at the last Council meeting, the Council had approved a transfer of $435 to the Central Rehabilitation Clinic to be applied to the purchase of a van with a wheelchair lift. Mr. Ross, representing the CRC had called the next day to say that he had made a mistake in the figures and the cost to the City would be an additional $1,000. Mr. Warden informed him that this would have to be presented to the Council for approval and, hence its appearance on the agenda. Subsequent to the agenda being printed and mailed, Mr. Ross again contacted Mr. Warden and advised him that the original figure approved by the Council was correct. Mr. Warden said that he is requesting the Articles of Incorporation from the CRC as the City Attorney has advised him that this is a requirement prior to allocating public funds to a private non-profit agency. No action was required of the Council. NEW BUSINESS D-1 Request of Reg Whibley for additional water area on Lease Sites No. 52 and 52W Mr. Warden explained that the area in question is the water area in front of the old "Pipkin" lease site. Mr. Whibley is re- questing an additional six feet of'water area to accommodate boat docking perpendicular to the shoreline. The Planning Commission had approved the extension of water area, however, they did not have sufficient data before them upon which to., -base their decision. Mr. Warden informed the Council that in the area immediately to the west of the lease site, considerable shoaling has been occurring and the extension could mean a further constriction of the 110 feet of natural channel area. There are only two other formal leases where extensions have been granted and, in both cases, the channel is con- siderably wider than at the point in question. It was noted that there are some protrusions beyond the fifty foot lease lines on several of the leases, however, the intrusions have never been formal- ized by a lease and hence, if troublesome, can be easily removed. Mr. Whibley informed the Council that before he had purchased the materials to build the docks to extend the extra six feet, he had contacted the Public Works Department and they had reviewed the request and determined that there would be no problem in obtaining the extension: On this tentative approval, he had purchased the additional materials to build the docks. He stated that he was con- cerned about the procedures the City follows. Mr. Warden informed Mr. Whibley that a request for any change in leases must be approved by the Council. He stated that Mr. Whibley had been very much aware of his lease boundaries as he just recently signed his lease and areas and uses had been discussed during lease negotiations. Council members discussed the matter with Councilman Brown stating that if Mr. Whibley's request is granted, others will come to Council MINUTES MORRO BAY CITY COUNCIL Regular Meeting - April 26, 1976 Page Five asking for the same consideration. MOTION: Councilman Pipitone moved that Mr. Whibley's request for a six foot extension on Lease Sites No. 52 and 52W be denied. Mr. Whibley asked if Council would consider the extension if a provision were written into the lease stating that the extension would be removed at any time the Council required it. Councilman Brown stated that his experience in these cases indicated that when the Council orders removal of things previously granted by them, the City ends up having difficulty in withdrawing the previous approval. The motion was seconded by Shelton. Mayor Mitchell stated that he would abstain from voting in this matter because his request in the following agenda item is similar. The motion was carried with Mayor Mitchell abstaining. D-2 Request of Dale Mitchell for additional water area dnd change of use on Lease Sites No. 71, 72, 71W & 72W Mayor Mitchell turned the meeting over to Mayor Pro Tem Donald H.'Brown and stated that he would abstain from Council discussion and action in this matter because of a -conflict of interest. Mr. Warden advised the Council that the request was for an extension of the present lease on the water area to intrude into the street end. In the past, the Council and the Planning Commission have followed a policy of not leasing street ends with :the indication that public docks and piers are to be constructed in these areas as funds allow. This policy has been reported to the State Lands Com- mission in the City's reports concerning the administration of State Tidelands property. He also reminded the Council of the twelve foot setback requirement for structures over or on the water. Mr. Warden stated that the Council will soon be receiving another request for use of a street end for the area near Fish Bowl #2. He asked Council to come to a clear decision with regard to leasing street ends so that Staff would have guidelines to follow when these requests are made. He has had numerous requests from individuals wishing to lease the street ends. Councilman Brown stated that the only agreement ever made with regard to a street end was with the Morro Bay Marina people and there were specific conditions on the lease, one of which was the installa- tion of a public water..hblding and pumpout facility. Councilman Shelton saw no reason to modify the existing policy at this time, espacially in view of the fact that the Harbor Element of the General Plan is soon to be re -written. He felt that the street ends should be retained and the City should continue to build public docks and piers;on them. Mayor Mitchell stated that he had not contacted any of the MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL - April 26, 1976 Councilmen prior to the meeting as is customary when individuals have items on the agenda, because he wanted to remove any doubt of wrong -doing since he is the lessee of this property. He explained that the reason for the request is because he wishes to put two sport fishing boats on the site and their large size will mean that they will extend into the adjacent street end by ten feet. He stated that there will be no structure built on the lease, merely an intrusion of the boats and that he is willing to have a provision that the City can, at any time, cancel the street end portion of the lease. He felt that Council policy with regard to lease sites should be that as many people as possible use the area. ' Councilman Brown asked what the estimated cost of building the docking facilities would be. Mayor Mitchell replied that it would be approximately a $10,000 investment, however, less than half of that is for docking. Councilman Pipitone asked about the four boats which will be displaced when the docks are completed and the sport fishing boats take their places. Mayor Mitchell explained that they are docking there on a month to month basis. The Planning Commission approved the request on the conditions that the extension be non -transferable, that it coincides with existing lease and that the City has the right to revoke the lease whenever they come to a decision for an alternate use, including "no use":'�-Mayor.Mitchell pointed'out that other lessees' uses for their lease siteb'extend out into the water area without getting formal approval and this does no harm. There was considerable discussion regarding this request with Mayor Mitchell stating that if Council was going to make a policy determination regarding street ends, he wanted to be a part of it. However, he feels that Council has already made a policy determination with regard to retaining street ends and his request does not conflict with. this statement. MOTION: Councilman Shelton moved that the request of Dale Mitchell be denied. The motion was seconded by Councilman Pipitone. There was discussion with regard to the second portion of the request for a change in use to include sport fishing and commercial fishing boats. It was noted that this is a water oriented use and, therefore, consistent with the policy to allow only water oriented uses on the Embarcadero. Councilman Shelton amended his motion so that the request for an extension of the lease site into the street end be denied. Councilman Pipitone accepted the amendment and the motion carried with Mayor Mitchell abstaining. MOTION: Councilman Pipitone moved that the request for the additional use of sport fishing and com- mercial fishing boats be approved. The motion MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 26, 1976 Page Seven was seconded by Councilman Brown. Mr. McGonagill asked if conditions were going to be attached to the approval since what is being asked for is a Use Permit be- cause the lease site is in a PD Zone. Mr. Warden stated that there is a difference in asking for a change of use in a lease site and the issuance of a Conditional Use Permit. When plans are made for structural changes on the lease site, Mr. Mitchell will have to present such plans to the Planning Commission for approval and imposition of any conditions. The motion was unanimously carried. Mayor Mitchell resumed his chair on the Council. D-3 Request of Jim White for use change on Lease Sites No. 96 & 96W, Richey Mr. Warden explained that Mr: White intends to sub -lease this lease site from Mr. Richey in order to open a leather and gift shop. The Planning Commission denied this request because it is not con- sistent with past actions reserving the water side of the Embarcadero for water oriented uses. Mayor Mitchell opened the public hearing at 9:00 p.m. and called for presentations regarding.this request. Lila Keiser did not see why the Council couldn't grant this request as others have been allowed gift shop uses recently on the Embarcadero. Princella Queen felt that Mr. White should be allowed this use since people like to visit the Embarcadero for other reasons than fishing. Mayor Mitchell agreed with Ms. Queen and felt that the time would come when the City would have to revise their thinking on uses as there were only so many water oriented uses and other uses might be appropriate as well. There was further discussion and Mayor Mitchell closed the public hearing at 9:10 p.m. MOTION: Councilman Brown moved that, based on the. Planning Commission's recommendations, Council deny the request for a.change in use on Lease Sites No. 96 and 96W. The motion was seconded by Councilman Shelton and unanimously carried. D-4 RESOLUTION NO. 29-76 approving submission of Annual Transportation Claim".'.-,. Mr. Warden informed the Council that they are in receipt of the Annual Transportation Claim for SB325 monies. This claim reflects the City's plan to use the money for the proposed Demand Response MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 26, 1976 Page Eight Transportation System. The San Luis Obispo County and Cities Area Planning Coordinating Council is the body responsible for distri- buting these monies to the various'cities in the County. They have informed the City of Morro Bay that its share for 1976-77 is $57,239.10. This figure is derived from a formula based on population. The County has held back $330,000 for a not yet approved Regional Transportation System. The cities are of the opinion that this is not proper and are submitting their claims for the additional amount they would re- ceive if this money were not held back which, in the case of the City, means an additional $23,001 for a total amount of $80,240.10. Councilman Brown supported this claim stating that all the cities were going to submit like claims. MOTION: Councilman Pipitone moved that Resolution No. 29-76 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 29-76 by title only. MOTION: Councilman Pipitone moved for the adoption of Resolution No. 29-76. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. INDIVIDUAL DETERMINATION.AND/OR.ACTION• E-1 City Council (1) Councilman Shelton informed the Council of an Education Seminar to be held by the Fair Political Practices Commission at the Department of CalTrans, 50 Higuera Street, San Luis Obispo, 2:00 p.m. on April 28, 1976. (2) Councilman Shelton reported on a letter he had received from Mr. Demlar with regard to the need for solar energy. (3) Councilman Brown informed the Council that the Channel Counties Division of the League of California Cities will be held at the Golden Tee on May 7, 1976. He felt that the Staff members and members of the Planning Commission and Parks and Recreation Commission should be invited to attend. MOTION: Councilman Brown moved that Staff members, Planning Commission, Parks and Recreation Commission and Reverend Paul Dear be in- vited to attend the Channel Counties Division meeting. The motion was seconded by Mayor Mitchell and unanimously carried. (4) Mayor Mitchell stated that he will meet with the City Selection Committee on May 12th to select delegates of the Local Agency Formation Commission and Councilman Brown has indicated that he would accept if appointed to the Commission, so the Mayor will be presenting his name for the nomination. G i MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 26, 1976 Page Nine E-2 City Attorney Mr. Leaage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden reported that the League of California Cities will be sponsoring a Labor Relations Institute to be held May 27 in Carmel. He urged Council members to consider attending. (2) Mr. Warden requested an executive session to consider personnel matters. ADJOURNMENT MOTION: Mayor Mitchell moved that the meeting adjourn to executive session to consider personnel matters. The motion was seconded by Councilman Shelton and unanimously carried. The meeting adjourned to executive session at 9:20 p.m. and returned to regular session at 12:10 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 12:10 p.m. RECORDED BY: MURRAY L. WARDEN City Clerk By�eliji 'ICQ Ardith Davis Deputy City Clerk 0 16 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING April 12, 1976 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 March 22, 1976 A-2 Minutes of the executive meeting of March 22, 1976 A-3 Expenditure Report, 3-16-76 through 3-31-76 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Award bid for street resurfacing project to Southern Pacific Milling Co. in the amount of $72,660.40 (RECOMMEND APPROVAL) A-6 Letter from Morro Bay Senior Citizens, Inc. requesting financial assistance (RECOMMEND ITEM BE DEFERRED TO BUDGET HEARINGS). A-7 Resolution No. 25-76 approving grant of Use Permit to Morro Bay Fire Fighters for John Strong Circus (RECOMMEND ADOPTION) A-8 Appeal of Ralph I. Gunther from Planning Commission denial of variance (RECOMMEND HEARING DATE BE SET FOR MAY 24, 1976) A-9 Transfer Voucher No. 5-6-19 from unobligated reserve to cover increase in Deposit Premium for State Compensation Insurance in the amount of $1300 (RECOMMEND APPROVAL) HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of Alan A. Ross, Central Rehabilitation Clinic, Inc., requesting financial support for a van with a hydraulic wheel- chair lift B-2 Request of Wilma McLane for adjustment to water bill B-3 Appeal of Bill Roeben from Planning Commission denial of Variance B-4 Appearance of Princella Queen regarding Police Department B-5 Hearing and consideration of Resolution No. 26-76 abandoning a public utility easement in Block 8B, Atascadero Beach B-6 Committee report concerning Morro Bay Taxi Company participation in Demand Responsive System BUSINESS C-1 Appeal of Henry J. Pachico from Planning Commission denial of transitional use permit - continued C-2 Consideration of awarding bid for Dunes Street Landscaping Project C-3 Ordinance No. 148 amending height limitation for fences' around swimming pools - second reading NEW BUSINESS None INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, April 12, 1976, 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 Roeben from Planning Commission denial of a Variance to allow a six foot front yard setback where the Zoning Ordinance requires fifteen feet, 2298 Laurel 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: March 26, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California By: M' L. WARDEN, City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, April 12, 1976, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the abandonment of a public utility easement in Block 8B, Atascadero Beach, Morro Bay, California, as shown on Exhibit "A"; at which said hearing any person interested may appear and express his views for, against or in modification of the proposed easement abandonment. DATED: March 12, 1976 ' -WARDEN, Clerk City of Morro Bay, California I 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 12, 1976 - 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Shelton and Mayor Mitchell ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of March 22, 1976 A-2 Minutes of the executive meeting of March 22, 1976 A-3 Expenditure Report, 3-16-76 through 3-31-76 (RECOMMEND APPROVAL) A-4 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-5 Award bid for street resurfacing project to Souther Pacific Milling Co. in the amount of $72,660.40 (RECOMMEND APPROVAL) A-6 Letter from Morro Bay Senior Citizens, Inc. requesting financial assistance (RECOMMEND ITEM BE DEFERRED TO BUDGET HEARINGS) A-7 RESOLUTION NO. 25-76 approving grant of Use Permit to Morro Bay Fire Fighters for John Strong Circus (RECOMMEND ADOPTION) A-8 Appeal of Ralph I. Gunther from Planning Commission denial of variance (RECOMMEND HEARING DATE BE SET FOR MAY 24, 1976) A-9 Transfer Voucher No. 5-6-19 from unobligated reserve to cover increase in Deposit Premium for State Compensation Insurance in the amount of $1300 (RECOMMEND APPROVAL) Mayor Mitchell reviewed all items on the Consent Calendar. Correspondence items included (a) a letter from the Energy Resources Conservation and Development Commission regarding the City's methane conversion project; (b) a letter from the Department of Transportation acknowledging receipt of the City's resolution regarding a traffic light at San Jacinto and Highway One; (c) a notice from the Federal Communications Commission in response to the City's complaint regard- ing Cable TV micro -wave service; (d) a letter from Congressman Burt Talcott regarding the City's complaint of Cable TV micro -wave service; (e) a letter from Representative Torbert H. Macdonald regarding the City's complaint of Cable TV micro -wave service; (f) a letter from Jane Orvis advising the Council to declare a building moratorium in view of the water situation; (g) a letter from the Central California Communications Corporation advising the City of the present status of CCCC Cable TV in Morro Bay. MOTION: Councilman Brown 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 Appearance of Alan F. Ross, Central Rehabilitation Clinic, Inc., requesting financial support for a van with a hydraulic wheelchair lift . J MINUTES - MORRO BAY CITY COUNCIL April 12, 1976 .. Regular Meeting Page Two Mr. Ross gave a brief history of CRC, Inc., and advised the Council that their agency is the only non-profit, out -patient re- habilitation clinic serving the needs of the physically handicapped in San Luis Obispo County. He advised that the County of San Luis Obispo had contributed $11,000 toward the purchase of a van with a hydraulic wheelchair and lift. The City of San Luis Obispo granted $2,912 for fuel expenses. It is estimated that the total cost of the project for first year expenses will be $20,388. Because of the amount received from the City and County of San Luis Obispo, the City of Morro Bay's fair share for the vehicle operation, based -on population, would be $434,52. The cities in the County are being asked to contribute towards this purchase because the handicapped in their respective jurisdictions will benefit from the van. Mr. Ross advised that the van has been purchased and, as the necessary funds are received, the van will.be modified to include the hyraulic lift. There was discussion of this matter with Mayor Mitchell and Councilman Shelton of the opinion that the request should be con- sidered along with other financial assistance requests during the annual budget hearings. Councilman Pipitone felt that the two month delay in waiting for budget hearings could hurt the project and for the amount of money asked for, he thought that the Council could go ahead and approve the transfer. He also felt that the City's initiative at this time might encourage other cities to follow suit. MOTION: Councilman Pipitone moved that the City give the project approval by authorizing the $434.52 to CRC, Inc. The motion was seconded by Councilman Brown. Mayor Mitchell felt that the two month period would not hurt the project and stated that he would not be in favor of the motion; he wanted.to consider this request in light of other requests the Council will receive for budget allowances. Lila Keiser spoke in support of the project and an allocation of funds at this time. Councilman Shelton stated that in view of the discussion and the amount of money involved, he would modify his view and vote in favor of the allocation at this time. The motion was carried on the following roll call vote: AYES: Councilmen Brown, Pipitone and Shelton NOES: Mayor Mitchell Mayor Mitchell again indicated that his opposing vote on this matter is only because he wishes the issue postponed until budget time. 46 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL April 12, 1976 Mr. Warden stated that he needed a motion to approve a transfer of funds, as this matter is not now budgeted. MOTION: Councilman Pipitone moved that Council approve the transfer of $434.52 from Reserve to cover this expenditure. The motion was seconded by Councilman Brown and carried with Mayor Mitchell voting no. B-2 Request of Wilma McLane for adjustment to water bill Mr. McLane advised the Council that he had discovered a large water leak on his property in October of 1975. Upon receiving a bill from the City in the amount of $101.00, he contacted the City and was advised that he was responsible for the bill since water line breaks on the property owner's side of the water meter are the res- ponsibility of the property owner. Mr. McLane felt that there should be provisions for extenuating circumstances. He feels that $34.00, which is the average amount they pay for water, would be a fair amount and they have indicated to the City that they are willing to pay this. Mr. Warden presented background information on this matter and noted that this service is outside the City limits in the area of the Ashurst wells. The McLanes had requested a letter from the City to the Bank of America assuring the bank that water was available. The bank required this in .order to close escrow for purchase of the property. The City prepared a letter to the McLanes with the con- ditions, as required by ordinance, that they would be charged the rate established for non -City residents; that they would be subject to any restraints imposed on City residents because of'water shortages; and that the City would_.provide the water only as long as the City maintained water mains and water well sources as presently located near their property. At the time the hookup was accomplished, the City crews helped Mr. McLane and connected the lines on his side of the meter. This was approximately one year before the break occurred. Mr. Warden stated that the City crews did this only to help Mr. McLane and were not supposed to have done it. Mr. Warden said that the ordinance does not provide for any waiving of water bills and that the Council would have to change the ordinance if they wish to discount Mr. McLane's present bill. Howard Gaines felt that since the City had installed the line, they should accept liability for it. Mayor Mitchell pointed out that the line had been installed over a year ago and asked Mr. Gaines when the liability on that sort of thing should end. Mrs. McLane informed the Council that her original request to the City with regard to water had not been for a hookup, but only that the City would supply them with water. Her intention was to continue receiving water from Mr. Ashurst using the same pipeline as they were currently receiving water from. However, Mr. Ashurst would not provide the McLanes with a letter stating he would continue to provide water. Mr. Warden noted that Mr. Ashurst did not have the freedom to provide water to McLanes since his well was leased to the City. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 12, 1976 Page Four Jane Orvis suggested cutting the bill in half thereby charging them the same rate as inside City users. Mr. Warden pointed out that this, too, would mean a change in the ordinance. Councilman Shelton suggested that the City work with the McLanes and extend the time period for which they have to pay the bill. Mr. Warden stated that they have already offered to do this for the McLanes. MOTION: Councilman Brown moved that the request of Wilma McLane for an adjustment in her water bill be denied and that the City Administrator be directed to set up an equitable procedure for payment of the bill. The motion was seconded by Councilman Pipitone and unanimously carried. B-3 Appeal of Bill Roeben from Planning Commission denial of Variance Mr. Nuzum, Planning Director, stated that the appeal requests the approval of a six foot frontyard setback for an existing dwelling located in an R-1, S-2 District where a fifteen foot front - yard setback is required. He explained that the plans submitted by Mr. Roeben were correct, in accordance with the building and zoning ordinances, and that as such they were approved by the Building Inspector. However, without checking with the Building Inspector, the contractor changed the frontyard setback for the garage to six feet, which would have been permitted subject to approval by the Building Inspector; however, the contractor did not observe the fifteen foot setback for the living area over the garage. The violation was not caught until another contractor advised the Building Department of the error at which time the Building Department consulted with the City Attorney and then advised Mr. Roeben to stop all work and apply for a Variance. The Planning Commission, upon hearing this matter on March 15, 1976, found that the applicant had not demonstrated a hardship as required by Section 65906 of the Government Code and the request was, therefore, unanimously denied. Mayor Mitchell requested that the Planning Director outline the requirements for finding of a hardship to grant a Variance. Mr. Nuzum read from the Government Code which': -states that "Variances from the terms of the zoning ordinances shall be granted only when, because of special circumstances applicable to the property, includ- ing size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification." Mr. Nuzum stated that this property does not have any special circumstances particular to it that would deprive it from privileges enjoyed by other property owners in the area. Mayor Mitchell declared the hearing open at 8:33 p.m. and called for presentations regarding this matter. 11 MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL April 12, 1976 Ray Gallo stated that he is representing the appellant and asked the Council to consider the hardship on the contractor if the Council does not grant this appeal. He asked Council also to consider the fact that the Planning Director recommended to the Planning Commission that the variance be granted and, except for two, all neighbors in the immediate vicinity were in favor of granting Mr. Roeben's request. Mr. Gallo presented pictures of the property to show that the proposed Variance does not damage any of the other properties in the area. He maintained that the mistake made was an honest one and that the approximate cost to move the building to comply with the zoning ordinance is $14,900. He urged the Council to render a broad interpretation of the hardship portion of the zoning ordinance. Mr. Gallo suggested that if the Building Inspector had caught the error, there would be no problem at this point. Mayor Mitchell was disturbed with the contention that the Building Inspector might be at fault when, in fact, the contractor has a responsibility to conform to the building code and zoning laws. Mr. Gallo stated that it is not their contention that the City was in any way at fault in this matter. Dan Reddell stated that he owned the property on the north side of the Roeben house and that the proposed setback has not harmed the value of his property. Councilman Brown asked the City Attorney if the financial hard ship of relocating or rebuilding the house is considered a hardship in a legal sense. Mr. LeSage'stated that a self-imposed hardship is not grounds for granting a Variance. He also stated that the plans were submitted and approved and were subsequently changed without the permission of the Building Department. Mrs. Collier, a resident on Ironwood, stated that the appli- cation for a Variance should have been applied for before the house was built. She said that she had applied for a Variance to build a carport onto her house and was denied because she did not have the proper setbacks. If Mr. Roeben is allowed his variance, maybe the answer to her problem is to build first and ask later. Bruce Dixon, a resident on Koa Avenue, felt that other property owners on that street would ask for the same consideration if Mr. Roeben was granted the Variance. Howard Gaines felt that the City was legally liable because the Building Inspector should have caught the mistake. Gideon Peirce stated that the City has no responsibility for the Building Inspector to catch errors on the part of the contractor. He noted that the house across the street from Mr. Roeben was built too high originally and had to be lowered at considerable expense to the builder.. The hearing was closed at 8:57 p.m. There was discussion of Council members regarding this issue. u MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL - April 12, 1976 Councilman Pipitone asked if anything was permitted in the area above the garage in this zoned area. Jim Nuzum stated that no building or structure could be built there; the area can be used for patio -type or porch -type buildings and with railings around the garage roof. Bill George, Building Inspector, informed the Council that there are statements marked on the plans when returned to the contractor that no changes may be made to the plans without the permission of the Building Inspector and that any changes make the Building Permit null and void. MOTION: Councilman Shelton moved that the appeal of Bill Roeben from Planning Commission denial of a Variance be denied. The motion was seconded by Mayor Mitchell. There was further discussion by Council members with Councilman Brown of the opinion that Mr. Roeben had made an honest mistake. Mayor Mitchell agreed with Councilman Brown, however, he felt the Council should be concerned with the total effect on the total community. There has been no finding of hardship in this matter in accordance with the ordinance. Mr. Gallo maintained that Variances had been granted all over the area in question. Motion was carried on the following roll call vote: AYES: Councilmen Pipitone, Shelton and Mayor Mitchell NOES: Councilman Brown Councilman Pipitone stated that he votes no with reluctance, however, he feels the zoning ordinance must be complied with. RECESS 9:12 p.m RECONVENED 9:24 p.m. B-4 Appearance of Princella Queen regarding Police Department Ms. Queen noted for the Council that a robbery had occurred at a clothing store located on North Main Street called Discount Duds owned by Texas Shelanskey and that a.break-in attempt had been made at her own shop, Lazy "Q" Western Wear. She explained the situation and felt that the police investigation on the matter was not effective or sufficient. Three days after the robbery she read in the paper that the police officers were dissatisfied with their superiors and evidence of this was the fact that they were not writing as many citations or making as many arrests as formerly. She also felt that the crimes committed in the City should be written up in the newspaper. Ms. Queen stated that there has been a problem in the Police Department for a long time now and requested information as to what the City officials were doing to solve it. Leonard Goldman stated that he was speaking for the Senior Citizens when he requested that this matter be looked into as the E E MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL - April 12, 1976 Seniors are also concerned for their safety. Howard Gaines stated that he would like to hear what the officers have to say; the issue should be aired. Ms. Queen requested information on the hiring and firing of employees. Mr. Warden explained the system to her which is similar to, but not the same as, the system adopted for the Civil Service. Texas Shelanskey stated that the criminals had taken $2,000 worth of merchandise from her store which the police had con- fiscated and held for ten days before they gave it back; however, the car which was reportedly stolen in connection with the robbery was returned the next day. Chief of Police, Richard Schacht, explained to Ms. Shelanskey that the merchandise was held until arrangements could be made to have the evidence photographed in order to prosecute when and if the criminals are caught. The car, which is more easily identi- fied by serial numbers and with the Department of Motor Vehicles registration data, was returned the next day. The Chief also gave the burglary and robbery figures for the months January, February, March and April for 1973, 1974, 1975 and 1976. It was noted that there is no alarming rise in the reported occurrences. Mayor Mitchell asked Mr. Warden to advise the public as to the procedures being taken with regard to the problems in the Police Department. Mr. Warden reviewed the Grievance Procedures. He stated that the procedures were established to allow a fair and equitable means to resolve problems. Ms. Queen asked Mr. Warden about the P.O.S.T. report which was recently received by the City about the Police Department. Mr. Warden stated that the report does not address the situation in the Police Department as concerns the current -grievance. Rather, the report is concerned with organi- zational problems. Clayton Scovell informed the Council of the number of times he had been broken into at the A & W Drive -In and the mishandling of matters by the Police Department. Gary Winch from Winch's Shell stated that in his experiences with the Police Department, he had met with good results and he felt that most of the problems arose at night. Perhaps additional coverage is needed at night. Gideon Peirce was of the opinion that the citizens were not at the proper place for airing their complaints; that they should be addressed to the Police Department. He also felt it was presump- tuous of the citizens to try and tell the Police Department how to fight crime. Councilman Pipitone informed the public that the Council was the place to air their complaints. Councilman Shelton stated that he appreciated the views of the citizens as expressed and that the City Council is concerned, however, MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL - April 12, 1976 standard procedures to solve this problem have been set in motion and he feels that Council should let these procedures take their course. Mayor Mitchell stated that the Council is in the process of first finding out if there is a problem, then identify it and attempt to solve it. Councilman Pipitone was of the opinion that none of the officers were being deliberately derelict in their duties. RECESS 10:18 p.m. RECONVENED 10:30 p.m. B-5 Hearing and consideration of RESOLUTION NO. 26-76 abandoning a public utility easement in Block 8B, Atascadero Beach MOTION: Councilman Brown moved that Resolution No. 26-76 be read by title only. The motion was seconded by Mayor Mitchell. Mr. Warden advised the Council that it is necessary to hold a public hearing before adopting the resolution. Councilman Brown withdrew his motion and Mayor Mitchell his second. Mayor Mitchell declared the hearing open at 10:31 p.m. He described the area to be abandoned and asked if there were any presentations with regard to this matter. He read the resolution and stated that the abandonment had been initiated at the request of the property owner. The hearing was closed at 10:34 p.m. MOTION: Councilman Brown moved that Resolution No. 26-76 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 26-76 by title only. MOTION: Councilman Brown moved for the adoption of Resol- ution No. 26-76. The motion was seconded by Councilman Shelton and unanimously carried. B-6 Committee report concerning Morro Bay Taxi Company participation in Demand Responsive System Mayor Mitchell stated that at the last meeting he had appointed a committee of Councilman Pipitone, Mr. Warden and himself to meet with Mr. Abruscato of the Taxi Company to find out if he would be willing to support the Demand Responsive Transportation System. After meeting with Mr. Abruscato, it appears that he is not interested in being involved in the system buti'feels that the City should pur- chase his business. At this time, he is not.taking any position with regard to the Dial -a -Ride System. He feels he can compel the City f 1 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 12, 1976 Page Nine to reimburse him in some manner for the loss of business as a result of implementing the Dial -a -Ride Project. Mr. Warden had contacted the Urban Mass Transportation Administration to ask if they would consider funding the City's purchase of the Taxicab Company and received a negative answer. The City has been advised that they have no legal responsibility to the Taxicab Company if they decide to go ahead with the project. MOTION: Mayor Mitchell moved that Council instruct Mr. Warden to advise UMTA that the City wishes to continue with the project and to include in the project plan that a van be modified to have a wheelchair lift. The motion was seconded by Councilman Shelton and unanimously carried. UNFINISHED BUSINESS C-1 Appeal of Henry J. Pachico from Planning Commission denial of Transitional Use Permit Mayor Mitchell stated that this matter had been continued from the last meeting so that Staff could determine the precise location of the zone boundary and its relationship to the applicant's lot line. Mayor Mitchell declared the hearing open at 10:42 and called on Mr. Nuzum for a Staff report: Mr. Nuzum stated that because of the thickness of the line depicting the zoning boundary, it was difficult to establish the precise boundaries. The Municipal Code, however, provides that in the case of doubt as to boundary location that the boundary shall be assumed to be along the nearest lot."line. Mr. Nuzum recommended that the Council find that all of the appli- cant's property westerly of the lot line is zoned PD and that property easterly of the lot line is zoned R-4. In this case, the request for a Transitional Use Permit is appropriate and consistent and Mr. Nuzum reaffirms his previous recommendation that uses permitted under a Transitional Use Permit must be consistent with the Land Use Element of the General Plan for an R-4 district. Mr. Pachico presented the Council with enlargements of the zoning map and was of the opinion that the lot line determined by the City Staff was, in fact, the high tide line. There was further discussion of the matter. MOTION: Councilman Shelton moved that Council determine that a Transitional Use Permit would be an appropriate request for this property; that the appeal be granted and the Transitional Use be allowed. The motion was seconded by Councilman Pipitone. There was considerable discussion on a motion with regard to the status of Transitional Use Permits in connection with State law. Mr. Nuzum outlined the uses permitted under the R-4 district within which Mr. Pachico's property is located. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 12, 1976 Page Ten The motion failed on the following roll call vote: AYES: Councilmen Pipitone and Shelton NOES: Councilman Brown and Mayor Mitchell Mr. Pachico asked Council to determine whether or not the high tide mark was his lot line, and Council stated that that matter is not before the Council. Mr. Cantine urged the Council to urge the City Administrator to urge the General Plan consultants to hurry with the General Plan as he feels that they have been unnecessarily slow in producing the Circulation Element, Land Use Element and other General Plan revisions. C-2 Consideration of awarding bid for Dunes Street Landscaping Project Mayor Mitchell stated that the low bid for this project was $8,323 which is $1,923 short of the budgeted amount. The City Engineer has recommended that the Council reject all bids and, by a 4/5 vote, move that the project be done more economically by day labor. The City Engineer has contacted California Ecology Corps and has found that they can do the project for approximately $5,000. MOTION: Councilman Pipitone moved that Council re- ject all bids as suggested by the City Engineer and contract with California Ecology Corps for the work. The motion was seconded by Councilman Brown and unanimously carried. C-3 ORDINANCE NO. 148 amending height limitation for fences around swimming pools - second reading MOTION: Councilman Brown moved that Ordinance No. 148 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Ordinance No. 148 by title only. MOTION: Councilman Brown moved that this constitute the second and final reading of Ordinance No. 148 and that it be adopted. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. NEW BUSINESS None INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Council members had nothing to report at this time. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April i2, 1976 Page Eleven E-2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden stated that at the last meeting he had reported to the Council that the Animal Control Agreement would cost the City $4800 per year and that the license fee collections in Morro Bay would be applied against this. He has been informed by County officials that this is not the case; the license fees will not be applied against the City's share of the animal control operation but that $4800 was the maximum the City would have to pay. (2) Mr. Warden stated that after Officer Watts of the Morro Bay Police Department resigned in December, the City was negotiating with the Policewomen in an attempt to resolve their Patrol Officer status. This has been accomplished, but there is still a vacancy in the Department because of an officer's resigna- tion. He suggests Council approval for hiring a Dispatcher Clerk for this vacancy in accordance with the decision to replace the dispatch function with non -sworn personnel. Council concurred in this procedure. (3) Mr. Warden requested an executive session to discuss personnel matters and possible litigation. ADJOURNMENT MOTION: Mayor Mitchell moved that the meeting adjourn to executive session to discuss personnel matters and possible litigation. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned to executive session at 11:20 p.m. and returned to regular session at 12:23 p.m. MOTION: Mayor Mitchell moved that the meeting be adjourned. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 12:24 p.m. RECORDED BY: MURRAY L. WARDEN City Clerk BY Ardith Davis Deputy City Clerk 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING March 22, 1976 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 March 8, 1976 A-2 Minutes of the regular meeting of March 9, 1976 A-3 Minutes of the adjourned regular meeting of March 16, 1976 A-4 Expenditure Report, 3-1-76 through 3-15-76 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 Appeal of Bill Roeben from Planning Commission denial of variance (SET HEARING DATE FOR APRIL 12, 1976) HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of Mr. Ray Cochrane, County Health Department, explaining the Emergency Medical Response Manual B-2 Appeal of Henry J. Pachico from Planning Commission denial of Transitional Use Permit B-3 City Administrator's report on status of Demand Responsive Transportation System grant B-4 City Administrator's report on the request of Morro Bay Yacht Club for continued leasing of Lease Sites No. 5, 6 and 7 B-5 City Administrator's report on the status of the methane conversion project B-6 City Administrator's report on the status of the City's liability insurance coverage. UNFINISHED BUSINESS C-1 Resolution No. 23-76 granting of lease to Reg Whibley, Edward J. Strasser and Arthur R. Fry for Lease Sites No. 52 and 52W C-2 City Attorney's report on request of representatives of the Church of Jesus Christ of Latter -Day -Saints for use of City parks for proselyting activities C-3 Consideration of urgency:Ordinance..No. 147 regarding the filling of City Council vacancies NEW BUSINESS D-1 Resolution No. 24-76 approving amendment to lease for Lease Sites No. 96 and 96W, Richey D-2 Consideration of Ordinance No. 148 amending height -limitation for fences.around'swimming pools D-3 Consideration of animal regulation services contract with San Luis Obispo County INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3. City Administrator NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, March 22, 1976, 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 Henry J. Pachico from Planning Commission denial of a transitional Use Permit to allow a restaurant at 221 Driftwood Avenue, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against, or in modi- fication of said appeal. DATED: March 9, 1976 FRED R. DONOHOO, Mayor City of Morro Bay, California By:'' . L. WARDEN, City C7erw 46 • MORRO BAY CITY COUNCIL MINUTES Regular Meeting Morro Bay Recreation Hall March 22, 1976 - 7:30 p.m. The meeting was called to order at 7:30 p.m. by Mayor Mitchell with the Pledge of Allegiance. Reverend Dear, City Chaplain, gave the invocation. ROLL CALL PRESENT: Councilmen Brown, Pipitone, Shelton, and Mayor Mitchell ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of March 8, 1976 A-2 Minutes of the regular meeting of March 9, 1976 A-3 Minutes of the adjourned regular meeting of March 16, 1976 A-4 Expenditure Report, 3-1-76 through 3-15-76 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 Appeal of Bill Roeben from Planning Commission denial of variance (SET HEARING DATE FOR APRIL 12, 1976) Mayor Mitchell reviewed all items on the Consent Calendar. Correspondence contained a letter from Congressman Burt Talcott thanking Mr. Warden for his letter and copy of the resolution re- gistering a complaint with the Federal Communications Commission with reference to cable television performance in Morro Bay; and a letter from Senator Alan Cranston with reference to the continuation of the federal revenue sharing program on behalf of the City of Morro Bay. MOTION: Councilman Brown moved for the approval of the Consent Calendar, Items A-1 through A-6, 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 Appearance of Mr. Ray Cochrane, County Health Department, explaining the Emergency Medical Response Manual Mr. Ray E. Cochrane of the Administrative Staff of the Emergency Medical Care Committee explained the recently adopted County Emergency Medical Response Manual. Major points covered were.: 1. Brief history and purpose 2. Radio communication and Central Dispatch 3. Ambulance Service Areas 4. Certification and licensing of ambulance companies, ambulance vehicles, ambulance driver/attendants 5. Ambulance annual contracts (County pays for dry runs, indigents) 6. Consumer protection 7. City/County Agreement i 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - March 22, 1976 Page Two Discussion followed. Mr. Warden stated that Sec. 6.60.060 of the ordinance proposed by the County plan would have to be changed to provide some way to assure Morro Bay having control over rate increases, etc. MOTION: Mayor Mitchell made a motion that Staff meet with the committee, assuring that Morro Bay has control over setting of rates, and bring the matter back to the next meeting for Council action. The motion was seconded by Councilman Brown and unanimously carried. B-2 Appeal of Henry J. Pachico from Planning Commission denial of Transitional Use Permit James Nuzum, Planning Director, presented his report on the Planning Commission's denial of a request for a Transitional Use Permit to Henry J. Pachico to allow the conversion of an existing residence into a restaurant. The denial was based upon the fact that the land use element of the general plan designates the appli- cant's property as "very high density residential" and does not permit restaurants. The City Attorney has advised that any use allowed by a Trans- itional Use Permit would have to generally conform to the Land Use Element of the General Plan. If there were a difference between the requested use and the Land Use Element, it would not be proper to allow the use unless the Land Use Element were amended. The hearing was opened to the public at 8:05 p.m. Mary Pachico gave a brief summary of their request for a Transitional Use Permit which was denied by the Planning Commission on February 17, 1976. The applicant, Henry Pachico, stated that approximately two years ago a Transitional Use Permit, allowing commercial development, was approved by the Planning Commission. At that time, there was no State law requiring zoning maps to be consistent with the General Plan. Mr. Pachico stated that, in his opinion, the Zoning Ordinance should conform to the General Plan. Mr. Ron Hurlbert spoke from the audience saying that he could visualize a problem with the traffic flow in the area. As there were no further comments from the audience, the hearing was closed to the public and returned to Council for further dis- cussion at 8:15 p.m. Mr. LeSage stated that the General Plan shows the area in question to be high density residential. In January, 1974, a law became effective which required that zoning maps be consistent with General Plans and, in his opinion, a Transitional Use Permit cannot be granted which does not comply with the State law. MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL - March 22, 1976 After discussion relative to the advisability of granting a Transitional Use Permit as requested, a question arose as to the configuration of the applicant's property and whether or not more than one lot was involved. A ten minute recess was declared to permit the Planning Director to check the Assessor's books at City Hall. RECESS: 8:43 p.m. RECONVENED: 8:53 p.m. Mr. Nuzum returned with the Assessor's book showing Mr. Pachico as the owner of more than one lot. After further discussion, a question arose as to the location of the zone boundary as related to the lot line dividing the lot on the Embarcadero from the lot on the bluff. Mr. Warden advised that Staff would have to extract this information from the Master Zoning Map located in the City Hall. MOTION: Mayor Mitchell moved that the matter of Henry Pachico's request for a Transitional Use Permit be continued to the next meeting to permit Staff to determine the exact zone boundary and property lines. The motion was seconded by Councilman Brown and unanimously carried. B-3 City Administrator's report on status of Demand Responsive Transportation System Grant Mr. Warden stated that he had written to Mr. Frank Abruscato of the Morro Bay Taxicab Company asking if Mr. Abruscato would care to provide the City with a statement of support for the Demand Response System or a statement as to his opposition. As of this date, Mr. Abruscato does not wish to give his answer for or against the DRT System. Mr. Warden requested Council's advice as to whether or not they wished to proceed with the Dial -a -Ride Grant Application despite the possible problems that might arise. Mayor Mitchell stated that he thought a committee should be formed to meet with Mr. Abruscato to discuss the matter further. Jack Jennings was recognized from the audience and stated that Mr. Abruscato has been contacted time and again and has taken no stand one way or the other. Mayor Mitchell stated that he had met with Mr. Abruscato the day before and had been told that Mr. Abruscato had been advised not to respond. Mr. Warden stated that he has discussed this matter repeatedly with Mr. Abruscato. MOTION: Mayor Mitchell moved that a committee meet with Mr. Abruscato and report back to Council at the next meeting. The motion was seconded by Councilman Brown and unanimously carried. 11 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL - March 22, 1976 Mayor Mitchell appointed Councilman Pipitone and himself to serve on the committee to meet with the Morro Bay Taxicab Company. Mr. Warden then asked Council for a determination on whether the Dispatch Office for the Dial -a -Ride system should be the City Yard at a conversion cost of $11,000 or the dance studio at a cost of $2,500 to $3,000. After discussion the following motion was made: MOTION: Councilman Shelton moved the City provide for the Dispatch Office for the Dial -a -Ride system at the dance studio, 685 Harbor Street. Councilman Brown seconded the motion and it was unanimously carried. B-4 City Administrator's report on the request of Morro Bay Yacht Club for continued leasing of Lease Sites No. 5, 6, and 7 Mr. Warden advised Council that the Morro Bay Yacht Club is asking for a 40 year lease. The value of improvements contemplated is $80,000. The Yacht Club agrees to assume and perform the duties of City Host for visiting Yachtsmen and agrees to perform other services which could arise in performing as Host for the City. They also agree that within two years of the effective date of the lease, an expenditure in the amount of $50,000 shall be made towards the renovation and completion of a new clubhouse and that within seven years an additional $30,000 shall be spent on the construction and renovation of new docks and yard space. Mr. Warden asked Council for guidelines if they approve the general concept of the lease. MOTION: Mayor Mitchell moved that the City Administrator be directed to negotiate a lease with the Morro Bay Yacht Club in accordance with the general concept outlined by Mr. Warden. The motion was seconded by Councilman Shelton and unanimously carried. B-5 City Administrator's report on the status of the methane conver- sion project Mr. Warden reported that he has been working with Cal Poly towards securing,a Grant of $190,968 under the Rural Highway Public Transportation Demonstration Program for a methane conversion project. The Grant would be for a two year period with any extensions based upon evaluation at that time. If the Council has no objections, Staff will proceed with the Grant application. As there were no objections, Council agreed to go ahead. B-6 City Administrator's report on the status of the City's liability insurance coverage Mr. Warden reported that inasmuch as our present carrier for General Liability Insurance coverage, Safeco Insurance Company, has E MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL - March 22, 1976 advised the City of their cancellation as of April 10, 1976, local brokers were contacted to ascertain if,they were interested in ob- taining proposals for coverage. The only proposal was received from the Morro Bay Insurance Center with a proposal from The Fireman's Fund American Insurance Company. The annual premium is $88,397 to which must be added a separate policy for false arrest in the amount of $4,301, and errors and omissions at $8,150 for a total premium of $100,848 for a $1,000,000 limit. If the City desires to carry more than the $1,000,000 limit, the additional rate would be approximately $6,000 per million. Mr. Warden reported that all cities are 'facing large increases in their insurance premiums and that the League of .California Cities is working on the problem: After some discussion the follow- ing motion was made. MOTION: Councilman Brown moved that Mr. Warden be directed to proceed in obtaining the $1,000,000 limit Liability Insurance coverage with the Fireman's Fund American Insurance Company. Mayor Mitchell seconded the motion and it carried on a roll call vote with Councilman Shelton voting "no" Mr. Warden explained that it would be necessary to transfer $55,666 from unobligated reserve to cover the premium as the present,' budget for F/Y 75/76 has $45,162 for the annual Liability Insurance premium. MOTION: Mayor Mitchell moved that Council approve the transfer of $55,666 from unobligated reserve to cover the increase in the Liability Insurance premium. The motion was seconded by Councilman Brown and unanimously-carried,;by roll call vote. UNFINISHED BUSINESS C-1 RESOLUTION NO. 23-76 granting of lease to Reg Whibley, Edward J. Strasser and Arthur R. Fry for Lease Sites No. 52 and 52W Mr. Warden stated the uses and conditions on Lease Sites No. 52 and 52W have previously been approved by the Planning Commission and the Council. He noted two changes had been made to the lease, namely, on page 6, second line; and on page 2 of Schedule A, para- graph 3. MOTION: Councilman Pipitone moved that Resolution No. 23-76 be read by title only. Councilman Shelton seconded the motion and it was unanimously carried. Mr. Warden read Resolution No. 23-76 by title only. 11 MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL March 22, 1976 MOTION: Councilman Brown moved for the adoption of Resolution No. 23-76. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. C-2 City Attorney's report on request of representatives of the Church of Jesus Christ of Latter-day Saints for use of City parks for proselyting activities Mr. LeSage reported that under the First Amendment, right of free speech and peaceable assembly, church groups along with any other group can meet on public property, ideas may be expressed there and pamphlets and materials distributed. Public property cannot be used for advertising or displays by church groups nor may church services be held or proselyting be done. No further action was taken by Council on this matter. C-3 Consideration of urgency ordinance No. 147 regarding the filling of City Council vacancies Mr. Warden stated that as Council directed at their meeting of March 16th, Staff has drafted two ordinances which address the problem of filling the City Council vacancy for an interim period until a special election. If the Council's desire is to adopt an ordinance specifying how vacancies will be filled, then either draft, A or B would be appropriate and in accordance with the California Government Code. If the Council does not wish to pursue the matter of filling the vacancy by ordinance, then the present conditions of the elections code would apply; that is to say, filling by appointment within thirty days of the vacancy or calling a special election. Mr. Warden emphasized that either of these ordinances is re- quired only in the event the Council desires to change the current method of filling the vacancies. After discussion, the following motion was made: MOTION: Councilman Pipitone moved that no action be taken on either draft A or B of the proposed Ordinance No. 147. The motion was seconded by Councilman Brown and passed on the following roll call vote: AYES: Councilmen Brown,and_Pipitone and_Mayor Mitchell NOES: Councilman Shelton RECESS: 10:25 p.m. RECONVENED: 10:30 p.m. NEW BUSINESS D-1 RESOLUTION NO. 24-76 approving amendment to lease for Lease Sites No. 96 and 96W, Richey Mr. Warden stated that L. H. Richey has requested an extension LJ MINUTE$ MORRO Regular Meeting Page Seven BAY CITY COUNCIL March 22, 1976 of the lease on Lease Sites 96 and 96W for a ten year period. MOTION: Councilman Brown moved Resolution No. 24-76 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 24-76,by:tit:le only.. MOTION: Councilman Brown moved for the adoption of Resolution No. 24-76. The motion was seconded by Councilman Pipitone and unanimously carried. D-2 Consideration of Ordinance No. 148 amending height limitation for fences around swimming pools Mr. Warden stated that Ordinance No. 148 amends Sec. 14.48.010 of Title 14 of the Morro Bay Municipal Code and Sec. 4410 of Ordinance No. 15 relative to the requirement of having a six foot fence enclosing a swimming pool. MOTION: Councilman Pipitone moved that Ordinance No. 148 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Ordinance No. 148 by title only. MOTION: Councilman Brown;.moved that this constitute the first reading of Ordinance No. 148. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. D-3 Consideration of animal regulation services contract with San Luis Obispo County Mr. Warden explained that the proposed contract for animal control services to be provided by the County of San Luis Obispo in Fiscal Year 76/77, is paid for by the County at 40% of the total over-all operating costs and the cities, on a pro-rata basis, paying the remaining 60%. The proposed contract establishes a fixed amount for the City of Morro Bay at $4800. MOTION: Councilman Brown moved that the City Administrator be authorized to execute the Agreement with the County for Animal Control Services. Councilman Pipitone seconded the motion and it carried unanimously. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Brown stated that everytime he advises Mr. Hapgood of any trouble experienced on Cable TV 11 MINUTES , MORRO Regular Meeting Page Eight BAY CITY COUNCIL March 22, 1976 in the area, he is going on record by reporting it to the Council. (2) Councilman Pipitone stated that we are missing one of our former Councilmen's pictures at City Hall and he would like to see something done about it. (3) Mayor Mitchell advised Council of his appointments to Council standing committees. A new list will be made up for Council's information. (4) Mayor Mitchell reported that the Morro Bay High School basketball team had won the champioship and he thought it would be appropriate for the City Council to pass a resolution honoring the team. MOTION: Mayor Mitchell moved that Staff prepare an appropriate resolution for presentation to the Morro Bay High School in honor of their basketball team. The motion was seconded by Councilman Shelton and unanimously carried. E-2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden stated that he had received a letter from the Department of Transportation regarding the traffic signal at the intersection of State Highway 1 and San Jacinto Street. In order for them to proceed with the design, they must have a letter of intent from the City stating that the City is prepared to partici- pate to the extent of 50% in the costs of preliminary engineering, construction costs, etc. Mr. Warden advised that Staff will proceed with the letter to CalTrans as requested unless Council wishes not to proceed. (2) Mr. Warden requested an Executive session to discuss labor negotiations. MOTION: Mayor Mitchell moved that Council adjourn to Executive session in order to discuss labor negotiations. The motion was seconded by Councilman Pipitone and unanimously carried. The meeting adjourned to Executive session at 10:55 p.m. and returned to regular session at 11:48 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 11:49 p.m. RECORDED BY: M. L. WARDEN City Clerk Barbara Finley, Acting Clerk 0 NOTICE OF ADJOURNED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold an adjourned regular meeting on Tuesday, March 16, 1976, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, to discuss filling of the vacant City Council seat. DATED: March 11, 1976 DALE C. MITCHELL, Mayor City of Morro Bay, California By: IM. L. WARDEN, City C 0 • MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting March 16, 1976 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order by 7:35 p.m. by Mayor Mitchell. PRESENT: Councilmen Brown, Pipitone, Shelton and Mayor Mitchell ABSENT: None Mayor Mitchell stated that the meeting had been called for the purpose of discussing filling the vacancy on the City Council created by his resignation upon being elected to the Office of Mayor. He said that the City Administrator and the City Attorney had been researching this matter as to the options open to the Council and asked Mr. Warden to review these options at this time. Mr. Warden reviewed the steps the Council can take to fill the vacancy of the City Council. First, the Council can appoint someone if they choose within thirty days from the date of seating the new Council, which was March 9, 1976. Secondly, the Council can choose to call a special election to be held in conjunction with the Primary election on June 8, 1976. If the Council decides to do this, timing is important because the City must have a resolution requesting consolidation in.the hands of the.County Clerk by no later than 11:00 a.m., March 25, 1976. also, any candidates wishing to run for this office have only until April 1, 1976, to circulate and return their nomination papers. If the Council does nothing for thirty days, the matter then automatically goes to a special election in November. The Council can also appoint an interim city councilman to fill the term for the period until the June 8th primary or the November general election if they so desire. To do this, the Council must pass an urgency ordinance. Councilman Pipitone stated that to him, the most important part of the councilman's job is the budget. With this and labor negotiations in the near future, he feels that an appointment at this time is necessary. He felt that situations could arise resulting in a 2-2 vote thereby causing a stalemate. The Council will face the same problem again in two years if an incumbent councilman with two years left to his office decides to run for Mayor and is elected. He said that the present councilmen were elected by the people to make decisions and he feels that this is one of them. " MOTION: Councilman Pipitone moved that the Council go on record in favor of filling the vacancy by appointment as soon as possible. The motion was seconded by Councilman Brown. Councilman Brown asked Mr. Warden what costs would be involved in consolidating this election with the June primaries. Mr. Warden said that approximately $2500 would be involved. Mayor Mitchell opposed the motion. He feels that the people, by voting in favor of direct election of Mayor, expressed their desires to have a voice in the decisions made as to their elected representatives. He is in favor of placing the matter on the ballot at the June primaries. He agreed with Mr. Pipitone's position on the budget being an important matter, however, he feels that the Council, as a four man body, could act effectively. He said that there are several even number commissions in the County which do very well in conducting business. 6 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting March 16, 1976 Page Two Mayor Mitchell also felt that it would someone who would, in effect, become a very Council in the case of tie votes; who could of the body.with only a short time to serve. be a mistake to appoint important member of the be the decision maker Joe Streeper told the Council he felt that it is the people's right to elect a councilman.for the vacant seat. The motion failed on the following roll call vote: AYES: Councilmen Brown and Pipitone NOES: Councilman Shelton and Mayor Mitchell Councilman Shelton stated that the tie vote concerning the above motion illustrates the situation facing the.Council in -the. coming months with only a fourman council. He suggested appointing a councilmember for an interim period and calling a special election for the June 8th primaries. MOTION: Councilman Shelton moved that Council pass an urgency ordinance to allow an interim appointment to the -City Council until the June 8th primary election.. The.motion.failed for lack of a second. Mayor Mitchell noted that in the past, the Council has been allowed to interview applicants for appointments to commissions and the Council in executive session where things could be discussed about the person that people might be unwilling to talk about in open session. New legislation, however, has made it mandatory that appointments to the City Council or Planning Commission be made in open session with the public present. Councilman Brown asked if a committee of two councilmen and several citizens could be appointed to discuss possible City Council candidatesand make recommendations to the Council. Mr. Warden informed the Council that they could do this. Mayor Mitchell was opposed to this suggestion stating that he would want to be present for any and all discussion of possible appointment to the Council. There was considerable discussion regarding the effect of an interim appointment. Mayor Mitchell stated that he would like to see the Council pass a resolution to place this matter on the ballot for the June primary. He is willing to continue the meeting for discussion regarding an appointment to the Council for the interim period. The Council was just this evening advised of the fact that they could appoint for an interim period and he would like to give the matter additional thought. Council then considered the following resolutions: Resolution No. 21-76 of the City Council of the City of Morro Bay, California, calling and giving notice of the holding of a Special Municipal Election to be held in said city on Tuesday, the 8th day of June, 1976, for the election of a member of the City Council of said city as required by the provisions of the laws of the State of California relating to general law cities and con- 6 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting March 16, 1976 Page Three solidating said election with the Statewide Primary Election to be held on said -date. MOTION: Mayor Mitchell moved that Resolution No. 21776 be read by title only. Councilman Pipitone was willing to compromise and vote for a June election, but he was in favor of an interim appointment as well. He felt that the matter of an interim appointment should be decided this evening. Mr. Warden informed the Council that he will have to draft the urgency ordinance for their.consideration at the next meeting. Mayor Mitchell stated that he would like to think further on the interim appointment concept. Councilman Pipitone.seconded the motion. Councilman Pipitone informed the Council that he was seconding the motion in order for a decision to be made as soon as possible. He feels that it is very important for the Council to act at full strength. The motion was unanimously carried. Jack Young objected to the resolution being read by title only. Mayor Mitchell stated that the title of the resolution adequately describes the contents of -the resolution. Mr. Warden read Resolution No. 21776 by.title only. MOTION: Mayor Mitchell moved for the adoption of Resolution No. 21-76. The motion was seconded by Councilman Shelton and unanimously carried. by roll call vote. Joe Streeper and Gideon Peirce.gave their views on the interim appointment. Resolution No. 22-76 of the City Council of the City of Morro Bay, California, requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a Special Municipal Election of the City of Morro Bay .to be held on June 8, 1976, with -the State- wide Primary Election to be held on June 8, 1976, pursuant to Section 23302 of the Elections Code. MOTION: Councilman Brown moved that Resolution No. 22-76 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 22-76 by title only. MOTION: Councilman Brown moved for the adoption of Resolution No. 22-76. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. 6 0 MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting March 16, 1976 Page Four There was discussion regarding the adoption of an urgency ordinance for an interim appointment.to the vacant Council seat. MOTION: Councilman Shelton moved that Staff be directed to draft an urgency ordinance for Council consideration at the next regular meeting to allow the filling of the Council vacancy for an interim period until the special election in June. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden noted for the benefit of the newspapers and tele- vision people that the City will be accepting nomination papers until April 1, 1976. Nomination papers will be available at City Hall the next day. . .. MOTION: Councilman Pipitone moved that the meeting be adjourned. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 8:30 p.m. Recorded by: . . . . .. . M. L. WARDEN,,, City Clerk By: Ardith Davis Deputy City Clerk 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING March 9, 1976 7:30 p.m. Morro Bay High School Cafetorium Call to Order Pledge of Allegiance Invocation Roll Call CONSENT CALENDAR None HEARINGS, APPEARANCES AND REPORTS None UNFINISHED BUSINESS C-1 Resolution No. 20-76 reciting the fact of the General Municipal Election held on March 2, 1976, and declaring the result thereof NEW BUSINESS D-1 Presentation of Certificates of Election and new Mayor and City Council member D-2 Seating of new Mayor and City Council member D-3 Presentation of Certificates of Appreciation council members D-4 Conduct of election for the Office of Mayor INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator PLEASE NOTE CHANGE IN MEETING PLACE Oath of Office to to outgoing Pro Tempore C� • MINUTES - MORRO Regular Meeting March 9, 1976 Morro Bay High BAY CITY COUNCIL 7:30 p.m. School Cafetorium 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 None HEARINGS, APPEARANCES AND REPORTS None BUSINESS C-1 RESOLUTION NO. 20-76 reciting the fact of the General Municipal Election held on March 2, 1976, and declaring the result thereof MOTION: Councilman Jennings moved that Resolution No. 20-76 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 20-76 by title only and reviewed the results thereof for the public. MOTION: Councilman Jennings moved for the adoption of Resolution No. 20-76. The motion was seconded by Councilman Pipitone and unanimously carried. NEW BUSINESS D-1 Presentation of Certificates of Election and Oath of Office to new Mayor and City Council member Mayor Donohoo turned the meeting over to Mr. Warden for issuing the Oath of Office. Mr. Warden issued the Oath of Office to Dale C. Mitchell, Mayor, and Eugene R. Shelton, Councilman, and presented them with Certificates of Election. Mayor Mitchell thanked the public for their support and assured them that he will listen to them and always give them an opportunity to make their views known. Councilman Shelton also thanked the public for their votes and assured them that his campaign promise to organize committees for advice to the Council would be carried out. Mayor Mitchell presented Mr. Donohoo and Mr. Jennings with Certificates of Appreciation for their service to the public. Mr. 0 MINUTES ., MORRO BAY CITY COUNCIL Regular Meeting - March 9, 1976 Page Two Donohoo thanked the citizens for their support during his eight years on the Council and thanked the City employees for their ded- ication and work. Mr. Jennings thanked the City Staff and employees and said that he is leaving the Council with the comment to remember the words, "Nacimiento Water". D=4 Conduct of election for the Office of Mayor Pro Tempore Mayor Mitchell asked the Council if they wished to make any nominations for the office of Mayor Pro Tem at this time. Councilman Pipitone nominated Councilman Brown for the Office of Mayor Pro Tem. Councilman Shelton seconded the nomination. Mayor Mitchell asked if there were any other nominations. As there were none, Councilman Pipitone moved that the nominations be closed. The motion was seconded by Councilman Shelton. Councilman Donald H. Brown was elected Mayor Pro Tem by unanimous vote of the City Council INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council Council members had nothing to report at this time E=2 City Attorney Mr. LeSage was not present. E-3 City Administrator (1) Mr. Warden requested that the Council adjourn to Tuesday, March 16, 1976, at the Morro Bay Recreation Hall for the purpose of discussing filling the vacant seat on the Council. MOTION: Councilman Brown moved that the meeting be adjourned to Tuesday, March 16, 1976, at the Morro Bay Recreation Hall for the purpose of discussing filling the vacant seat on the Council. The motion was seconded by Councilman Shelton and unanimously carried. The meeting adjourned at 7:53 p.m. RECORDED BY: M. L. WARDEN City Clerk By: 4, Ardith Davis Deputy City Clerk `1 L CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING March 8, 1976 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 February 23, 1976 A-2 Minutes of the executive meeting of February 23, 1976 A-3 Financial Report, 7-1-75 through 2-28-76 (RECOMMEND APPROVAL) A-4 Expenditure Report, 2-16-76 through 2-28-76 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 Appeal of Henry Pachico from Planning Commission denial of transi- tional use permit (RECOMMEND HEARING DATE BE SET FOR 3-22-76) A-7 Resolution No. 17-76 approving grant of Use Permit Agreement to Department of the Air Force, Cambria, for use of Keiser Park for softball tournaments (RECOMMEND ADOPTION) A-8 Resolution No. 18-76 of intention to vacate a public utility ease- ment in Block 8B, Atascadero Beach and setting date for hearing (RECOMMEND ADOPTION) A-9 Resolution No. 19-76 and order accepting street right-of-way and directing recordation - Estero Bay United Methodist Church and Paul H. Moore and Marguerite D. Moore (RECOMMEND ADOPTION) A-10 Approval of transfer vouchers for Supply -Maintenance, Automotive, Water Department in the amount of $1,525 and Fire Insurance, General Services in the amount of $1,106 (RECOMMEND APPROVAL) HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing concerning Urban Mass Transportation Administration grant application for a demand responsive transit system UNFINISHED BUSINESS C-1 Reconsideration of sixty square feet of lease adjacent to Rose's Landing Restaurant C-2 Ordinance No. 146 regarding Federal Communications Commission required changes for Cable TV franchise - second reading NEW BUSINESS D-1 Request of Church of Jesus Christ of Latter -Day Saints for use of City parks for church activities D-2 Consideration to reject bids for Dunes Street end landscaping project INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held by the City Council of the City of Morro Bay at the City Recreation Building at the corner of Dunes and Shasta Streets, at 7:30 P.M. on March 8, 1976, for the purpose of considering a project for which a financial grant has been submitted to the Urban Mass Transportation Administration, pursuant to the Urban Mass Transportation Act of 1964, as amended, generally described as follows: 1. Purchase of three (3) new, modified -body, 14-16 passenger buses; 2. Purchase of a radio communications system including a base station and four (4) mobile, two-way radios; 3. Purchase of four (4) fare boxes; 4. Purchase of equipment used in Demand -Responsive Transit system control room. 5. Purchase of a passenger shelter and an outdoor display map; 6. Purchase of vehicle maintenance equipment; 7. Modify existing City structure as a Control Center; and 8. Construction of a vehicle maintenance and storage facility. B. The proposed system will operate throughout the City of Morro Bay. C. The estimated cost of the project is as follows: Federal share . . . . . . . . . . . . . . $ 96,010. Local share . . . . .(TDA). . . . . . . 24,002. Total . . . . . . . . . . . . . . . . . $120,012. D. No persons, families or businesses will be displaced by this project. E. This project will have no significant environmental impact on the City of Morro Bay. F. This project is in conformance with comprehensive land use and transportation planning in the County of San Luis Obispo and has been reviewed by the A-95 Clearinghouse and the Area Council. - 1 - 0 PUBLIC HEARING - PAGE TWO G. This project will provide door to door transit service to all citizens of the City of Morro Bay including the elderly; a special hydraulically operated stairwell will be utilized to serve the handicapped. H. At the public hearing, the City of Morro Bay will afford an opportunity for interested persons or agencies to be heard with respect to the social, economic, and environmental aspects of the project, Interested persons may submit orally or in writing, evidence and recommendations with respect to said project. I. A copy of the application for a Federal grant for the proposed project, together with an environmental analysis and the transit development plan for the area, is currently available for public inspection at the Morro Bay City Hall, 595 Harbor Street, Morro Bay. 4M?WARDEN, CIT ,.lerk Published, February 5, 1976 February 19, 1976 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 8, 1976 - 7:30 p.m. Morro Bay Recreation Hall The meeting was called to order at with the Pledge of Allegiance. Reverend the invocation. ROLL CALL :30 p.m. by Mayor Donohoo Dear, City Chaplain, gave PRESENT: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo ABSENT: None CONSENT CALENDAR A-1 Minutes of the regular meeting of February 23, 1976 A-2 Minutes of the executive meeting of February 23, 1976 A-3 Financial Report, 7-1-75 through 2-28-76 (RECOMMEND APPROVAL) A-4 Expenditure Report, 2-16-76 through 2-28-76 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 Appeal of Henry Pachico from Planning Commission denial of transitional use permit (RECOMMEND HEARING DATE BE SET FOR 3-22-76) A-7 RESOLUTION NO. 17-76 approving grant of Use Permit Agreement to Department of the Air Force, Cambria, for use of Keiser Park for softball tournaments (RECOMMEND ADOPTION) A-8 RESOLUTION NO. 18-76 of intention to vacate a public utility easement in Block 8B, Atascadero Beach and setting date for hearing (RECOMMEND ADOPTION) A-9 RESOLUTION NO. 19-76 and order accepting street right-of-way and directing recordation - Estero Bay United Methodist Church and Paul H. Moore and Marguerite D. Moore (RECOMMEND ADOPTION) A-10 Approval of transfer vouchers for Supply -Maintenance, Automotive, Water Department in the amount of $1,525 and Fire Insurance, General Services in the amount of $1,106 (RECOMMEND APPROVAL) Mr. Warden reviewed all items on the Consent Calendar. Corres- pondence contained the minutes from the February 13, 1976, meeting of the San Luis Obispo County -City Solid Waste Management Committee, a letter from Lee Balatti thanking the Council for their resolution commending him on his retirement, a letter from John G. Kellough opposing the stop signal light at San Jacinto and Highway #1, and a letter from the City Council of the City of Grover City thanking Murray Warden for his help in selecting a City Administrator for Grover City. MOTION: Councilman Jennings 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 Pipitone and unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing concerning Urban Mass Transportation Administration grant application for a Demand Responsive Transit System Mr. Warden stated that this matter is presented for public • MINUTES ., MORRO Regular Meeting Page Two BAY CITY COUNCIL - March 8, 1976 hearing again at the request of UMTA. Mr. Warden reviewed the ex- penses for the Demand Responsive Transit System and noted that the total estimated cost of the project is $120,012, of which UMTA will contribute 80%. Mayor Donohoo opened the public hearing at 7:38 p.m. and called for presentations regarding the Demand Responsive Transit System. As there were no comments, the hearing was closed at 7:39 p.m. Mr. Warden advised the Council that the hearing had been ad- vertised in the Sun -Bulletin for two successive weeks and it is now in order for Council to either approve, disapprove or modify the application. MOTION: Councilman Mitchell moved for approval of the Grant Application. The motion was seconded by Councilman Jennings and unanimously approved. UNFINISHED BUSINESS C-1 Reconsideration of sixty square feet of lease adjacent to Rose's Landing Restaurant Mr. Warden stated that Council had recently approved negotia- tion for a 60 square foot area on the street end near the lease for Rose's Landing leased by Cabrillo Enterprises. At the time the approval was given, Mr. Warden had been under the impression that the sidewalk shown on the sketch extended all the way to the shore con- trol line. After reviewing the matter further, however, Mr. Warden feels that it is not necessary that the area be leased to Rose's Landing since it is on public property and the public will be using the area as a walkway. He suggested that Council, instead, request the construction of a sidewalk and access point to join with the approved extension of Rose's Landing Restaurant and that the side- walk be constructed at the expense of Cabrillo Enterprises. They have agreed to this. MOTION: Councilman Jennings moved that the area under consideration not be leased to Rose's Landing and that Rose's Landing be required to con- struct the sidewalk and walkway area at their expense. The motion was seconded by Councilman Brown and unanimously carried.. C=2 ORDINANCE NO. 146 regarding Federal Communications Commission required changes for Cable TV franchise - second reading MOTION: Councilman Jennings moved that Ordinance No. 146 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Ordinance No. 146 by title only. MOTION: Councilman Jennings moved that this constitute the second and final reading of Ordinance No. 146 and that it be adopted. The motion was seconded by Councilman Brown. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting , March 8, 1976 Page Three Councilman Pipitone asked what happened to the Committee's recommendation of a rebate from Cable TV. Councilman Jennings stated that they had discussed it with them and the Cable TV people had given an absolute "no". The motion was unanimously carried by roll call vote. Mr. Warden advised the Council that he had received a letter from Congressman Talcott stating that he was in receipt of the Council's resolution complaining about the micro -wave system and that the Congressman had communicated with the FCC regarding the matter. NEW BUSINESS D-1 Request of Church of Jesus Christ of Latter -Day Saints for use of City parks for church activities Mr. Warden stated that, after discussing this matter with the City Attorney, he is recommending denial of the request on the basis of the doctrine of separation of church and state. He has checked with other cities and they do not allow these type of activities on public property. MOTION: Councilman Jennings moved that Council concur with the recommendation of the City Administrator and deny the request. The motion was seconded by Councilman Brown and unanimously carried. Councilman Mitchell asked if the Easter Sunrise Services did not fall into the same category. Mr. Warden stated that the Easter Sunrise Services are .sponsored by the Kiwanis Club and are non- denominational. Elder R. Kelley Thueson, one of the gentlemen requesting the use, informed the Council that the request is not on behalf of the church, but the missionaries, and that the activities are proselyting and are non -denominational with possibly some history on the Morman Church. Mr. Le Sage asked the Council to reconsider this matter after he has researched it further with regard to the non -denominational activities. Council agreed. D-2 Consideration to reject bids for Dunes Street end landscaping project Mr. Warden advised the Council that all bids received for this project were considerably over the budgeted amount. He requested that all bids be rejected and that Staff redesign the project and re -submit it for bid. MOTION: Councilman Jennings moved that all bids received for the Dunes Street Landscaping project be rejected. The motion was seconded by Mayor Donohoo and unanimously carried. Ll MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL March 8, 1976 INDIVIDUAL DETERMATION AND/OR ACTION E=1 City Council (1) Councilman Brown informed the Council that the next meeting of the Channel Counties Division of the League of California Cities will be in Morro Bay on May 14, 1976. (2) Councilman Brown suggested that the Planning Commission consider an ordinance to restrict signs in windows to commercial areas only. He has noticed a lot of real estate signs going up in residential windows around town. There was discussion of this with Councilman Mitchell stating that owners should be able to have For Sale signs in their windows if they wanted to. Councilman Jennings was of the same opinion; he felt that a restriction in that area is going into a man's home. Mayor Donohoo suggested that the matter be brought up again after the new Council is seated. E=2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden informed the Council that he had received word from the Corps of Engineers that they have determined that it is their responsibility to maintain the rock revetment along the harbor shore. Mr.'Warden stated that this is very good news for the City and something which we have been attempting to accomplish for quite some time. The effect is to relieve the City of very expensive maintenance responsibility. (2) Mr. Warden stated that he had received word from the Department of Water Resources that they will undertake the study of the sandspit as a possible source of water for the City.pro- vided that the City is willing to help with the costs. (3) Mr. Warden requested that the Council adjourn to Tuesday, March 9, 1976, at the Morro Bay High School Cafetorium for the seating of the new Council. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting adjourn to the Morro Bay High School Cafetorium at 7:30 p.m., March 9, 1976, for the seating of the new Council. The motion was seconded by Councilman Mitchell and unanimously carried. The meeting adjourned at 7:52 p.m. RECORDED BY: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk O P CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING February 23, 1976 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. F1-1 Minutes of the regular meeting of February 9, 1976 A-2 Expenditure Report, 2-1-76 through 2-15-76 (RECOMMEND APPROVAL) A-3 Financial Report, 7-1-75 through 1-31-76 (RECOMMEND APPROVAL) A-4 Resolution No. 8-76 adopting a Budget Calendar for 1976-77 fiscal year (RECOMMEND ADOPTION) A-5 Resolution No. 11-76 approving grant of Use Permit to Kiwanis Club of Morro Bay -Estero for Easter Sunrise Services (RECOMMEND ADOPTION) HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of Rod Pound regarding a stop sign at San Jacinto and State Highway #1 and consideration of Resolution No. 12-76 requesting installation of traffic signal at the intersection of State Highway #1 and San Jacinto Street B-2 Public hearing regarding amendment to the Cable TV ordinance and first reading of Ordinance No. 146 amending said ordinance B-3 Status of Fair Labor Standards Act legislation UNFINISHED BUSINESS C-1 Resolution No. 13-76 complaining to the Federal Communications Commission regarding microwave service C-2 Consideration of Ordinance No. 145 regarding requirements for water saving devices C-3 Resolution No. 14-76 approving assignment of Lease Sites No. 71, 72, 71W, and 72W from John and Gisela Kirth to Dale and Kay Mitchell C-4 Resolution No. 15-76 approving amendment to lease with Dale and Kay Mitchell for Lease Sites No. 71, 72, 71W and 72W C-5 Ordinance No. 144 amending the taxicab ordinance with regard to the age limitation of driver - second reading NEW BUSINESS D-1 Consideration of accepting dedication Avenue from Methodist Church ADDED D-2 Resolution No. 16-76 ordering canvass INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator of a portion of Ironwood of general municipal election C� MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL - February 23, 1976 expedite the installation. Mr. Warden informed the Council that the City has the funding available for the City's share of the project. He had questioned CALTRANS about reverse funding; that is, the City paying the entire cost of the project to get it done right away, and the State re- imbursing the City when the project gets the OK. He was told that this could not be done. Mr. Pound stated that the cost of the installation would be between $80,000 and $100,000, of which the City's share would be 50%. MOTION: Councilman Mitchell moved No. 12-76 be read by title was seconded by Councilman unanimously carried. Mr. Warden read Resolution No that Resolution only. The motion Jennings and 12-76 by title only. MOTION: Councilman Jennings moved for the adoption Of Resolution No. 12-76. The motion was seconded by Councilman Mitchell and unanimously carried. Mr. Warden advised the public as to distribution of the resolution. B-2 Public hearing regarding amendment to the Cable TV ordinance and first reading of Ordinance No. 146 amending said ordinance Mayor Donohoo opened the public hearing at 7:42 P.M. and called for presentations from the public regarding the amendments to the Cable TV ordinance. As there were no presentations, the hearing was closed at 7:43 p.m. Mr. LeSage advised the Council that the proposed ordinance implemented those changes discussed at previous meetings and a special committee meeting with representatives of Cable TV. He re- viewed the major changes and corrected some portions of the ordinance presented for Council review. MOTION: Councilman Jennings moved that Ordinance No. 146 be read by title only. The motion was seconded by Councilman Brown. It was noted that the amendment should include the verbal changes noted by the City Attorney. Councilman Jennings amended his motion to in- clude the verbal changes made by the City Attorney. The amendment was accepted by Council- man Brown and unanimously carried. Mr. Warden read Ordinance No. 146 by title only. MOTION: Councilman Jennings moved that this . constitute the first reading of Ordinance No. 146 6 r MINUTES - MORRO BAY Regular Meeting February 23, 1976 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 February 9, 1976 A-2 Expenditure Report, 2-1-76 through 2-15-76 (RECOMMEND APPROVAL) A-3 Financial Report, 7-1-75 through 1-31-76 (RECOMMEND APPROVAL) A-4 RESOLUTION NO. 8-76 adopting a Budget Calendar for 1976-77 fiscal year (RECOMMEND ADOPTION) A-5 RESOLUTION NO. 11-76 approving grant of Use Permit to Kiwanis Club of Morro Bay -Estero for Easter Sunrise Services (RECOMMEND ADOPTION) 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. Councilman Pipitone asked at what point should people make their input into the budget. Mr. Warden stated that inputs can be made at any time during the budget process and during the study sessions. Requests should be made in writing so that they can be considered prior to adoption. Councilman Pipitone seconded the motion and it was unanimously carried by roll call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Appearance of Rod Pound regarding a stop sign at San Jacinto and State Highway #1 and consideration of Resolution No. 12-76 requesting installation of traffic signal at the intersection of State Highway #1 and San Jacinto Street Mr. Pound stated that he had provided the Council with letters from various interest groups supporting the installation of a stop signal light at the intersection of Highway #1 and San Jacinto to correct the dangerous situation at that intersection. Mr. Pound informed the Council that the Department of Trans- portation has finally agreed to the need for a traffic light at the intersection; the question is when? The only answer he can get on this question is possibly in late 1977 or 1978. Mr. Pound hopes that the Council's support and the urging of others will help to NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, February 23, 1976, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider amendments to the franchise ordinance for Central California Communications Corporation, Morro Bay, California; at which said hearing any person interested may appear and express his views for, against, or in modification of said amendments. DATED: February 6, 1976 FRED R. DONOHOO, Mayor City of Morro Bay, California By: M. L. WARDEN, City Clerk 6 0 MINUTES - MORRO Regular Meeting Page Three BAY CITY COUNCIL - February 23, 1976 as amended. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. B-3 Status of Fair Labor Standards Act legislation Mr. Warden informed the Council that the Fair Labor Standards Act was suspended when the League of California Cities filed suit against its implementation last year. The Supreme Court still has not heard the case. At the time the Act went into effect, the City established the Fire Department on a 60 hour work week effective January, 1975. The next step would be to establish the 58 hour work week effective January, 1976, if the law was upheld. It has been noted by the League of California Cities, that if the Supreme Court upholds the law, it could be applied retroactively which would mean that the cities would have to pay back pay. Mr. Warden, however, stated that he feels the chances are re- mote that the Court would make the law retroactive since they have taken so long to hear the matter and recommends that Council hold at a 60 hour work week for fire fighters. Mayor Donohoo stated that he was in favor of holding at the 60 hour work week. Councilman Pipitone asked at what point the City would have to hire additional personnel because of this law. Mr. Warden stated that additional personnel would definitely be needed when the work week was established at 54 hours. Council members concurred,at holding at the 60 hour work week for the present. C-1 Resolution No. 13-76 complaining to the Federal Communications Commission regarding microwave service MOTION: Councilman Jennings moved that Resolution No. 13-76 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden stated that he would like to read the resolution in its entirety so that the public might know that the City is attempting to solve the Cable TV problems. Council had no objections and Mr. Warden read Resolution No. 13-76 in its entirety. MOTION: Councilman Jennings moved for the adoption of Resolution No. 13-76. Councilman Brown asked about the date in the resolution only going back as far as June, 1975. Mr. Warden stated that that date was used because that is when the new FCC regulations went into effect. Councilman Brown seconded the motion and it was unanimously carried. C--2 Consideration of Ordinance No. 145 regarding requirements for water saving devices 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - February 23, 1976 Page Four MOTION: Councilman Jennings moved that Ordinance No. 145 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Ordinance No. 145 by title only. He stated that this is an urgency ordinance and, if passed by 4/5 of the Council, will go into effect immediately. MOTION: Councilman Jennings moved for the adoption of Ordinance No. 145. The motion was seconded by Councilman Pipitone. Mr. LeSage stated that the Council needs to include in their motion a finding of urgency in adopting the ordinance. Councilman Jennings amended his motion to include that the Council finds the ordinance a matter of urgency due to the drought currently being experienced in Morro Bay. The amendment was accepted by Councilman Pipitone and unanimously carried by roll call vote. It was noted that no contractors have experienced hardship because of the Council's decision at the last meeting not to issue building permits if the building agreed to install the water saving devices voluntarily. C-3 Resolution No. 14-76 approving assignment of Lease Sites No. 71, 72, 71W and 72W from John and Gisela Kirth to Dale and Kay Mitchell Councilman Mitchell stated that he would abstain from dis- cussion and action in this matter. MOTION: Councilman Jennings moved that Resolution No. 14-76 be read by title only. The motion was seconded by Councilman Pipitone and carried with Councilman Mitchell abstaining. Mr. Warden read Resolution No. 14-76 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 14-76. The motion was seconded by Councilman Brown and carried with Councilman Mitchell abstaining. C74 Resolution No. 15-76 approving amendment to lease with Dale and Kay Mitchell for Lease Sites No. 71, 72, 71W and 72W MOTION: Councilman Jennings moved that Resolution No. 15-76 be read by title only. The motion was seconded by Councilman Brown and carried with Councilman Mitchell abstaining. Mr. Warden read Resolution No. 15-76 by title only. Ll MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL - February 23, 1976 MOTION: Councilman Jennings moved for the adoption of Resolution No. 15-76. The motion was seconded by Councilman Brown and carried with Councilman Mitchell abstaining. C-5 Ordinance No. 144 amending the taxicab ordinance with regard to the age limitation of driver - second reading MOTION: Councilman Jennings moved that Ordinance No. 144 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Resolution No. 144 by title only. MOTION: Councilman Jennings moved that this constitute the second and final reading of Ordinance No. 144 and that it be adopted. The motion was seconded by Councilman Mitchell and unanimously carried by roll call vote. NEW BUSINESS D-1 Consideration of accepting dedication of a portion of Ironwood Avenue from Methodist Church Mr. Warden informed the Council that this request by the Methodist Church is an offer for dedication of 160 x 50 feet of street improved in compliance with City standards. It is in order that the City accept dedication since another church in the vicinity will make it a more frequently travelled street. MOTION: Councilman Jennings moved that Council accept the offer of dedication of a portion of Ironwood Avenue as proposed by the Methodist Church and direct staff to prepare the necessary documents. The motion was seconded by Council- man Brown and unanimously carried. D-2 Resolution No. 16-76 ordering the canvass of the general municipal election to be held March 2, 1976. Mr. Warden stated that this item had been added to the agenda at the last minute since it is ncessary to be passed before March 1st. MOTION: Councilman Jennings moved for the adoption of Resolution No. 16-76. The motion was seconded by Councilman Pipitone and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION Evl City Council Council members had nothing to report at this time. E_2 City Attorney Mr. LeSage had nothing to report at this time. c 40 MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL - February 23, 1976 E-3 City Administrator (1) Mr. Warden informed the Council that the City had received a 60 day notice of liability insurance cancellation. He advised the Council that other cities were in similar position and as yet there are no solutions to the problem. Staff will be attending seminars studying this matter and it is possible that various options will be open to the City. Mr. LeSage advised that the City is comparatively low in claims and that insurance companies are just not insuring municipalities. (2) Mr. Warden requested an executive session to consider possible litigation and discussion regarding upcoming labor negotiations. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting adjourn to executive session to consider possible litigation and labor negotiations. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned to regular session at 8:13 p.m. and returned to regular session at 8:43 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 8:44 p.m. RECORDED BY: M. L. WARDEN City Clerk By: Ardith Davis Deputy City Clerk E CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING February 9, 1976 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call 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 January 26, 1976 A-2 Minutes of the executive meeting of January 26, 1976 A-3 Minutes of the special meeting of February 2, 1976 A-4 Expenditure Report, 1-16-76 through 1-31-76 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 Approval of recommendation of Director of Public Works regarding bids for playground equipment - Bid No. 12-75 (RECOMMEND APPROVAL) A-7 Approval to award bid for water tank painting project to Clayton Company of Culver City in the amount of $5,340 - PW75-013-36 (RECOMMEND APPROVAL) HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing on abandonment of Williams Brothers alley; con- sideration of Resolution No. 7-76 ordering said abandonment B-2 Public hearing on weed abatement B-3 Report of City Administrator on water situation B-4 Recommendation of Grievance Committee on Morro Bay Policewomen claim for back wages UNFINISHED BUSINESS C-1 Ordinance No. 143 regarding real estate signs - second reading C-2 Approval of purchase of heart/lung resuscitator NEW BUSINESS D-1 Consideration of request of John and Gisela Kirth to -assign Lease Sites No. 71,72,71W &.72W to Dale and Kay Mitchell D-2 Resolution No. 9-76 of intention to purchase tax deeded property and agreement to purchase D-3 Consideration of Ordinance No. 144 amending the taxicab ordinance with regard to the age limitation for drivers D-4 Consideration of expansion of Rose's Landing Restaurant D-5 Consideration of transferring funds for repairs on La France pumper D-6 Resolution No. 10-76 of necessity for quite title action with regard to Tidelands Grant property INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, February 91 1976, at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the vacation of an alleyway along portions of Lots 2, 3, 4, 5 and 7, Tract 353, Morro Bay California, as shown on Exhibit "A"; at which said hearing any person interested may appear and express his views for, against, or in :modification of the pro- posed alleyway vacation. DATED: January 23, 1976 1. L. ARDEid, City Clerk City of Morro Bay, California t 9 PUBLIC NOTICE NOTICE IS HEREBY GIVEN that any person aggrieved by any act or determination of the Morro Bay Fire Depart- ment in conncection with the current weed abatement pro- gram may file an appeal with the City Clerk of the City of Morro Bay prior to February 9, 1976. Such appeal shall be in writing. Upon receipt of an appeal, the City Council shall hear and pass upon each and every appeal and such determination thereupon shall be final and conclusive. DATED: January 9, 1976 IWA,O-, M. L WARDEN, City Clerk City of Morro Bay, California MINUTES - 14ORRO BAY CITY COUNCIL Regular Meeting February 9, 1976 - 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 Mayor Donohoo stated that Mr. Bob Diamond had a presentation to make to the City. Mr. Diamond presented the City Council with a Bi-Centennial poster stating that his father had designed the poster because of his pride in his country and heritage. Mr. Diamond reviewed his family's background in America and thanked the Council for the opportunity to present the poster to the City on behalf of his father. COUNCILMAN MITCHELL WAS PRESENT AT 7:33 p.m. Councilmembers thanked Mr. Diamond for his presentation. CONSENT CALENDAR A-1 Minutes of the Regular meeting of January 26, 1976 A-2 Minutes of the Executive meeting of January 26, 1976 A-3 Minutes of the Special meeting of February 2, 1976 A-4 Expenditure Report, 1•-16-76 through 1-31-76 (RECOMMEND APPROVAL) A-5 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-6 Approval of recommendation of Director of Public Works regarding bids for playground equipment - Bid No. 12-76 (RECOMMEND APPROVAL) I A-7 Approval to award bid for water tank painting project to Clayton Company of Culver City in the amount of $5,340 - PW75-013-36 (RECOMMEND APPROVAL) Mr. Warden reviewed all items under the Consent Calendar. Correspondence contained a notice from the City of San Luis Obispo regarding the LaFiesta parade. MOTION: Councilman Jennings moved for the approval of the Consent Calendar, Items A-1 through 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 call vote. HEARINGS, APPEARANCES AND REPORTS B-1 Public hearing on abandonment of Williams Brothers alley; consideration of Resolution No. 7-76 ordering said abandonment MOTION: Councilman Jennings moved that Resolution No. 7-76 be read by title only. The motion was seconded by Councilman Pipitone. 6 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - February 9, 1976 Page Two Mr. Warden informed the Council that it is in order to hold a public hearing on the abandonment before adopting the resolution. Councilman Jennings withdrew his motion and Councilman Pipitone his second. Mayor Donohoo declared the hearing open at 8:39 p.m. and called for presentations regarding the abandonment of Williams Brothers alleyway. As there were no comments from the public, the hearing was closed at 8:40 p.m. MOTION: Councilman Jennings moved that Resolution No. 7-76 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 7-76 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 7-76. The motion was seconded by Councilman Brown and unanimously carried. B-2 Public hearing on weed abatement Mr. Warden stated that hearing is held annually to consider appeals from the public regarding weed abatement charges placed on their tax bills. To date, no appeals have been received. Mayor Donohoo declared the hearing open at 8:41 p.m. and asked if the public had any comments regarding the City's weed abatement program. As there were no comments, the hearing was closed at 8:42 p.m. MOTION: Councilman Jennings moved that the action of Staff be approved and that Staff be directed to proceed in compliance with the Weed Abatement Ordinance. The motion was seconded by Councilman Brown and unanimously carried. B-3 Report of City Administrator on water situation. Mr. Warden noted the impact of tonight's discussion is some- what diminished by the recent rains. However, the situation could still become critical should the season's total rainfall be less than normal. Mr. Warden informed the Council that the City, since 1971,. has taken frequent well static level readings and has charted water productions in order to closely observe the water situation on a day-to-day basis. Up until the first of the year, the well levels have remained at an eighteen foot level; fifteen feet being normal. After that time, there has been an increase in water production and, after the first of February, well levels Have started to drop due to increased water production. This high production has dropped off very rapidly as a result of the recent rains. This increased water production is attributed to people watering their yards as the normal use of water inside the house should remain relatively constant. • 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - February 9, 1976 Page Three To date, 4.87" rain has been charted for Morro Bay as opposed to 8.0" last year at the same time, and a 1975 year's total of 16.2".. If the City can get another 5" of rain, it should be able to survive the summer without resorting to more stringent measures. If, however, this amount of rainfall is not realized, then the Council should consider implementation of more rigid measures. Mr. Warden stated that, at this time, he does not see an immediate reason for mandatory rationing;:however, he did recommend caution and a critical wait -and -see attitude. The City has already been cutting back on park irrigation and has talked to the large water users, such as the high school and the State Park, and asked their cooperation in cutting down. Also, the Council might consider an education program. He presented several devices borrowed from Marin County and used in their water saving program. Among these are a shower head and shower head inserts, toilet tank inserts and accompanying literature. Each device could save several gallons of water each time they were used in normal daily use. The Council should consider, if the situation gets worse, either buying the devices and giving them to the public or encouraging local merchants to carry them for citizen purchase. With regard to options in terms of additional wells, Mr. Warden reported that the Giannini well in Morro Valley shows promise; however, there has been a high nitrate count for this well. To get the well on line.would cost $39,000 to $45,000 and if the nitrates proved to be a problem, then considerably more. There is the likelihood a good well on the Boone property in the Chorro Valley which would cost approximately $13,200 to put on line. Mr. Warden reiterated that the City has examined a wide range of options in order to de- termine if additional wells would be profitable. Experts have evaluated and determined that additional wells would only draw down the basins more rapidly and would not provide additional water. Mr. Warden also informed the Council that there had been an inordinate number of building permits applied for thus far this year; 44 to 45 since the first of the year, a figure which was last reached in March of 1971. Mr. Warden reminded Council that 1971 was the previous drought period for the City and contractors took out building permits at that time in anticipation of a moritorium on building. He feels that this same reason is the cause for the number being applied for at this time. He requested that Council consider holding off issuance of any building permits until after the February 23, 1976, Council meeting, at which time the Council will be presented with an urgency ordinance making it mandatory any new construction to install water saving devices. If, prior to February 23, 1976, contractors agree to install the devices volun- tarily, they could be allowed to take out a permit. MOTION: Councilman Mitchell moved that Staff be directed to withhold issuance of building permits until February 24, 1976, except if a builder agrees to install water saving devices; and, further, that Staff be directed to present an urgency ordinance at the February 23, 1976, meeting which would seek to impose requirements on all new construction to install water saving devices. The motion was seconded by Councilman Jennings and unanimously carried. MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL - February 9, 1976 Mr. Warden asked if the City should acquire and distribute the water saving packages. Councilman Pipitone stated that he would like to see them in the hardware stores for people to purchase themselves. There was discussion as to other methods of educating the public and Mr. Warden stated that Staff would be working on a program to be presented to the Council if and when it became necessary. Frank Potter, KSBY TV, offered the City a public service spot on their channel. Jane Orvis stated that people should always practice water saving measures whether or not there is a shortage. B-4 Recommendation of Grievance Committee on Morro Bay Policewomen claim for back wages Mr. Warden informed the Council that Staff had been discussing the matter of converting Policewomen to Patrol Officers for some time. Recently, the conversations had reached a point where the matter could not be decided by either party due to the request for back pay and the feeling of the City that the conversion should be made with certain conditions. At the last meeting Mr. Warden had requested Council to appoint a Grievance Committee to meet with the Policewomen and their attorney and discuss the matter in hopes of resolving it and making recommendations to the Council as a whole. Mayor Donohoo and Councilman Mitchell were selected to serve on this committee. At the meeting between the Policewomen, their attorney, Staff and the Councilmembers, both sides had pre- sented their views. The attorney for the Policewomen, Richard Carsel, stated that the Policewomen were eligible to be paid as fully qualified Patrol Officers since they were P.O.S.T. certified, wore all the appurtenances of the male officer, had performed field duties, were able and could be required to perform the same duties as a Patrol Officer, and should be paid three years' back pay. Mr. Carsel had stated that it was the City's decision to use the officers as desk clerks even though they are fully qualified peace officers. He said that the women had served a probationary period as Patrol Officer. He felt that the physical examination requirement was being asked for only because they are women. The City acknowledged that the Policewomen are P.O.S.T.certified and wear the same equipment as the male officers, however, maintained that this is not the only criteria for being considered at top pay of the male officer scale. None of the women have undertaken the same on-the-job training as male officers. There are many different jobs required of peace officers and as many different pay scales. The City expects "equal pay for equal work". The City had offered the Policewomen the opportunity to convert on the condition that they serve a probationary period and take a physical examination. The City also stated that they would keep the Policewomen's present position open during the probationary period so that anyone could revert to their current status if failing to satisfactorily de- monstrate the ability to perform Patrol Officer duties, or if de- ciding not to convert to a Patrol Officer. At the conclusion of the meeting the Policewomen were asked to state exactly what they wished. They replied, through their attorney, that they would give up any claim to back pay if they were paid at Range 24, Step.5, the same as for a fully qualified male officer, MINUTES - MORRO BAY CITY COUNCIL' Regular Meeting February 9, 1976 Page Five without the condition of a probationary period or a physical examination. They stated that they are prepared to undertake any assignments the Chief gives them in the capacity of Patrol Officer. After consideration, the Committee recommends that the Council approve, effective immediately, conversion of Officers Evans, Chuck, and Madruga to Range 24, Step 5 and that utilization of these officers be in the same manner as any male officer of comparable pay grade without reservation or consideration of sex and subject to the same conditions for continued employment as for any other officer having completed the initial probationary period. This recommendation is made recognizing that the Chief of Police and City Administrator agree that the Policewomen have not performed equal work to male officers nor have they completed all of the on- the-job training required of male officers. The recommendation includes approving a transfer of funds necessary to pay the Policewomen the differentiation in pay scale. MOTION: Councilman Jennings moved that Council concur in the Committee's recommendation. The motion was seconded by Councilman Brown. Councilman Pipitone asked if the officers involved have all stated that they would accept these conditions. Mr. Warden stated yes. The motion was unanimously carried. MOTION: Councilman Jennings moved that Council approve the necessary appropriation to transfer funds for the Step 5, Range 24, adjustment in the women's salary. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. There was discussion regarding the vacancy in the dispatcher clerk area. Mr. Warden stated that the action taken results in an over -strength in the patrol division and an understrength in the clerk -dispatcher area. Mr. Warden said he would come back to Council with a recommendation at a later date. Councilman Pipitone asked if the women would be eligible for promotion to Sergeant if the opportunity should arise. Mr. Warden said yes, that they are now considered Patrol Officers, equal with the men in every sense and eligible for the same promotions. Mr. Warden stated that he would bring an amendment to the salary re- solution to the Council at a later date. UNFINISHED BUSINESS C-1 Ordinance No. 143 regarding real estate signs - second reading MOTION: Councilman Jennings moved that Ordinance No. 143 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - February 9, 1976 Page Six Mr. Warden read Ordinance No. 143 by title only. MOTION: Councilman Jennings moved that this constitute the second and final reading of Ordinance No. 143 and that it be adopted. The motion was seconded by Councilman Brown and unanimously carried by roll call vote. C_2 Approval of purchase of heart/lung resuscitator Mr. Warden stated that the Council had approved an expenditure of $2,000 for purchase of a heart/lung resuscitator in the 1975-76 budget. The cost of this item has gone up and a transfer of $800 is needed to make up the difference, if the Council still wishes to purchase it. The City has made a survey of numerous doctors in the area requesting their opinion on this equipment and the re- sponse has been generally favorable. A problem arises in giving the item to Bay Ambulance for use in their operation since the Fire Department is not allowed to use it. Mr. LeSage has suggested that the City enter into a contract with Bay Ambulance Service wherein they are offered the unit at actual cost with no time or interest charges stipulated. Terms of the sale would be that the City would buy the unit back at its original cost if Bay Ambulance ceases to do business within the City and that Bay Ambulance must provide necessary insurance coverage as a consequence of using the equipment in the normal course of doing business. Mr. LeSage stated that the contract would eliminate the transfer of money and enables the City to let Mr. Barker use the equipment without expending public funds in support of a private business. It was noted that this matter has been discussed before and Council had indicated at that time that they wished the unit in- stalled in Mr. Barker's ambulance. MOTION: Councilman Jennings moved that Council accept the recommendation of Staff and authorize the transfer of $800 to make up the difference between the cost of the heart/lung resuscitator and the budgeted amount. The motion was seconded by Councilman Mitchell and carried with Councilman Pipitone voting no. NEW BUSINESS D-1 Consideration of request of John and Gisela Kirth to assign Lease Sites No. 71, 72, 71W & 72W to Dale and Kay Mitchell Councilman Mitchell stated that he would sit in the audience and abstain from Council discussion in the matter since he is personally involved. Mr. Warden stated that Mr. Kirth's lease expired 1-31-76. Initially, Mr. Kirth had intended to negotiate for a City lease, MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - February 9, 1976 Page Seven converting from his County lease. Since then, however, he has sold the business to Dale Mitchell and Pair. Mitchell is requesting an extension in conformance with the lease terms which state that he is eligible for a fifteen year extension based on improvements in the amount of $11,000. Mr. Warden stated that the assigning of a lease is normal procedure upon request of the lessee. MOTION: Councilman Jennings moved that the transfer be approved and that Staff be directed to come back at the next meeting with the enabling resolutions. The motion was seconded by Mayor Donohoo. Mr. Mitchell asked that Council make a determination that whole sale coffee grounds and tea are included in the gift shop use allowed on the lease site. Also, that the intention of Council is that the lessee can request negotiation for a City lease at a later date based upon proposed improvements to the lease site. Council members indicated that this policy was practiced by the City for its leases and would therefore apply to the present instance. Councilman Jennings included in his motion that the wholesale of coffee and tea be considered gift shop uses. The amendment was accepted by Mayor Donohoo and unanimously carried with Councilman Mitchell abstaining. D-2 Resolution No 9-76 of intention to purchase tax deeded property and agreement to purchase Mr. Warden explained that the properties involved included some valuable parcels on the City's beach area. The property owner involved usually redeems it at the last minute, however, the City cannot pass up the chance if it is possible to acquire the property. MOTION: Councilman Jennings moved that Resolution No. 9-76 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 9-76 by title only. -- MOTION: Councilman Jennings moved for the adoption of Resolution No. 9-76. The motion was seconded by Councilman Brown and unanimously carried. D-3 Consideration of Ordinance No. 144 amending the taxicab ordinance with regard to the age limitation for drivers Mr. Warden stated that the City had received a request from Mr. Abruscato, Morro Bay Taxicab, requesting that the age limitation for taxicab drivers be lowered from 21 to 18. The City Attorney had determined that it is within the Council's discretion to grant this request by changing the ordinance. •,; MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - February 9, 1976 Page Eight MOTION: Mayor Donohoo moved that Ordinance No. 144 be read by title only. The motion was seconded by Councilman Jennings and unanimously carried. Mr. Warden read Ordinance No. 144 by title only. MOTION: Councilman Jennings moved that this constitute the first reading of Ordinance No. 144. The motion was seconded by Mayor Donohoo and unanimously carried by roll call vote. D=4 Consideration of expansion of Rose's Landing Restaurant Mr. Warden informed the Council that the Public Works Department has reviewed the request of Rose's Landing to expand their existing restaurant by the addition of a cocktail lounge and deck which would project out over the water area. They have determined that the re- quest is consistent with the harbor policy and would not affect the navigable waters of the Bay. The Planning Commission approved the request on the condition that the applicant provide a pedestrian access from the street end to the viewing deck. The applicant has requested permission to construct a 5' x 12' ramp leading from the end of Morro Bay Boulevard to the deck which could mean that he enter into a lease with the City for the additional area. MOTION: Councilman Jennings moved that the Council approve the recommendation.of the Planning Commission. The motion was seconded by Councilman Brown and unanimously carried. D-5 Consideration of transfer of -funds for repairs to the La France pumper Mr. Warden stated that the "head" on the engine of the La France pumper is beyond repair and has to be replaced. The City has located a "head" for the vehicle on the East coast which will cost between $1800 to $2000 to acquire. Staff is recommending this purchase and requesting the Council to authorize the transfer of funds to accommodate the purchase. Councilman Pipitone asked if this couldn't come out of the equipment repair fund in the budget and Mr. Warden stated that this is an unforeseen expense and has note -been.. budgeted for. �,• MOTION: Councilman Jennings moved that Council authorize the transfer of a maximum of $2,000 for repairs to the La France pumper. The motion was seconded by Mayor Donohoo and unanimously carried by roll call vote. D-6 Resolution.No. 10-76 of necessity for quiet title action with regard to Tidelands Grant property MOTION: Councilman Jennings moved that Resolution No. 10-76 be read by title only. The motion was seconded by Mayor Donohoo and unanimously carried. u 1] MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL - February 9, 1976 Mr. Warden read Resolution No. 10-76 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 10-76. The motion was seconded by Councilman Brown and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council (1) Councilman Jennings requested that Staff write a letter to the County complaining about animal control services. He has had several complaints recently. Mr. Warden stated that he would take care of it. (2) Councilman Jennings stated that there would be a meeting of the Cable TV Committee February 10, at 2:00 in the City Hall Conference Room to determine if the citizens can get a rebate on their rates. E`2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden stated that he had received a call from Congressman Largomarsino's office asking if the City wished to take a position on a proposed Veterans Administration Out -Patient Clinic in the Santa Barbara area. MOTION: Mayor Donchoo moved that Council go on record in support of an VA out -patient clinic in Santa Barbara. The motion was seconded by Councilman Jennings and unanimously carried. (2) Mr. Warden stated that Council was in receipt of proposed changes to the Joint Powers Agreement between the City and the Area Council as proposed by the Area Council delegate from Arroyo Grande. Mr. Warden did not feel that the proposed changes reflected the position adopted by the Council and, if the Council is still of the same opinion, he will proceed along these lines. Council stated that they wanted the changes as had been stated earlier. (3) Mr. Warden stated that there are more requirements from the State regarding an outfall project. The City must have a seismic study in the area of the outfall in order to qualify for funds for either an outfall or a reclamation project. This will cost approximately $12,000 of which the City will be responsible for 12 1/2%.. (4) Mr. Warden had received a call from the Urban Mass Transportation Administration regarding the City's Dial - A -Ride project. There are additional hearings which must be held before they can go ahead with the application and they need detailed drawings of the maintenance facility that will house the MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - February 9,.1976 Page Ten buses. ADJOURNMENT MOTION: Mayor Donchoo moved that the meeting be adjourned. The motion was seconded by Councilman Brown and unanimously carried. The meeting adjourned at 9:16 p.m. RECORDED BY: M. L. WARDEN City Clerk By: ��� ,� � C-zaz� e Ardith Davis. Deputy City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a special meeting on Monday, February 2, 1976, at 2:00 p.m., in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to consider adoption of the following: . Resolution No. 6-76 concerning election canvass at a central place DATED: January 30, 1976 FRED R. DONOHOO, Mayor City of Morro Bay, California y: . L. WARDEN, City Clerk 9 MINUTES - MORRO BAY CITY COUNCIL Special Meeting February 2, 1976 2:00 p.m. City Hall Conference Room The meeting was called to order at 2:00 p.m. by Mayor Donohoo. ROLL CALL PRESENT: Councilmen Brown, Jennings, Pipitone and Mayor Donohoo ABSENT: Councilman Mitchell Mayor Donohoo stated that the meeting had been called for the purpose of passing Resolution No. 6-76 concerning election canvass at a central place. A new law requires that this be done no less that twenty-five days before the election. In the City's case, the next regular Council meeting is less than twenty-five days before the election, so it was necessary to call a special meeting to pass this resolution. MOTION: Councilman Jennings moved that Resolution No. 6-76 be read by title only. The motion was seconded by Councilman Pipitone and unanimously carried. Mr. Warden read Resolution No. 6-76 by title only. MOTION: Councilman Jennings moved for the adoption of Resolution No. 6-76. The motion was seconded by Councilman Brown and unanimously carried. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Council- man Brown and unanimously carried. The meeting adjourned at 2:01 p.m. Recorded by: M. L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk 9 40 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING January 26, 1976 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call 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 January 12, 1976 A-2 Expenditure Report, 1-1-76 to 1-15-76 (RECOMMEND APPROVAL) A-3 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-4 Resolution No. 4-76 commending Mr. Lee A. Balatti (RECOMMEND APPROVAL) A-5 Resolution No. 5-76 approving agreement with Robert M. Ashurst for City Well 10A (RECOMMEND ADOPTION) A-6 Award of bid for liquid chlorine to Coastal Ag-Chem (RECOMMEND APPROVAL) HEARINGS. APPEARANCES AND REPORTS B-1 Appeal of Robert D. Wendt for Mr. & Mrs. Jack Peters and Mr. & Mrs. Roger Cliff from Planning Commission denial of application to remodel premises at 830 Embarcadero - continued B-2 Report of Cable TV Committee regarding proposed franchise amendments B-3 Report of status of park site - North Morro Bay UNFINISHED BUSINESS C-1 Consideration of Ordinance No. 143 with regard to real estate signs C-2 Request for interpretation of sign Service NEW BUSINESS amending sign ordinance ordinance - Hinson's Tire D-1 Consideration of contract for San Luis Obispo County and Cities Area Planning Coordinating Council transit manager INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 26, 1976 - 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 k A-1 Minutes of the regular meeting of January 12, 1976 A-2 Expenditure Report, 1-1-76 to 1-15-76 (RECOMMEND APPROVAL) A-3 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-4 RESOLUTION NO. 4-76 commending Mr. Lee A. Balatti (RECOMMEND APPROVAL) A-5 RESOLUTION NO. 5-76 approving agreement with Robert M. Ashurst for City Well 10A (RECOMMEND ADOPTION) A-6 Award of bid for liquid chlorine to Coastal Ag-Chem (RECOMMEND APPROVAL) Mr. Warden reviewed all items on the Consent Calendar. Items of correspondence were a letter from the City of La Mirada sug- gesting passage of a resolution urging enactment of laws and/or statutes which would amend existing State bike lane marking policies so that a distinctive color can be used and a letter from Pastor H. W. Hause thanking the City for prompt action in ordering the demolition of the building on the corner of Main Street and Oahu Street. MOTION: Councilman Jennings moved for the approval of the Consent Calendar, Items A-1 through A-6, 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 Appeal of Robert D. Wendt for Mr. & Mrs. Jack Peters and Mr. & Mrs. Roger Cliff from Planning Commission denial of application to remodel premises at 830 Embarcadero - continued Councilman Mitchell excused himself from this portion of the meeting and stated that he would abstain from discussion and action in this matter as the applicants' attorney is one of his partners. Mr. Nuzum reviewed Planning Commission actions in this matter. He stated that the remodeling had been.denied since no new .parking has been created and additional parking is required due to increasing the number of tables in the restaurant. According to the Zoning Ordinance, one parking space is required for each additional table. The applicant contends that by relocating the garbage bins, three new spaces will be created. The Planning Commission's opinion was that no new spaces are being created; those spaces have been there all the time. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 26, 1976 Page Two Mr. Nuzum stated that he feels that the issue of availability` of parking areas, even though not being used as such, is unclear. He feels that the applicant has an alternative of leasing space from property owners on either side of him in order to provide the required parking. Mr. Robert Wendt, representing the applicants, reviewed the improvements to be made to the Fish Bowl #1 building in addition to the expansion. Upgrading of the architecture, plumbing and electri- cal wiring will be made. He stated that the applicant is creating three parking spaces that have not been there in the past by re- locating the garbage bins, blacktopping and marking the area. He felt that the general upgrading enhances the aesthetic and building code requirements and the costs of same make it necessary to expand the restaurant to accommodate additional customers. The applicants have investigated possible leasing of property on either side of the restaurant and those property owners are asking prices for leasing and/or buying that are unreasonable. Councilman Brown asked about the two additional parking spaces shown on the plot plan on the south side of the property. On -site viewing of the property indicates that the driveway is on the property line while the plot plan shows an additional five feet that is not part of the Fish Bowl property. Mr. Jack Peters, one of the applicants, explained that the property in question is usable property, however, it belongs to the City. The applicants were hoping to negotiate with the City for use of the property to provide for the additional parking. Councilman Brown also stated that he did not see how the proposed new location for the garbage bins could possibly be large enough to accommodate the bins. Councilman Pipitone felt that the applicants are proposing to provide three parking spaces where there have been no parking spaces before and that this, therefore, complied with the letter of the ordinance. MOTION: Councilman Pipitone moved that the appeal of Fish Bowl #1 be granted and that they be allowed to go ahead with their plans. There was further discussion on the five foot strip belonging to the City. Councilman Pipitone moved that Staff be in- structed to negotiate with the applicant for the extra five foot strip of property belonging to the City. The motion was seconded by Councilman Jennings. Councilman Brown stated that he did not feel that any new parking spaces are being created, that other business on the Embarcadero had been required to provide additional parking and this case should be no different. The motion carried on the following roll call vote: MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 26, 1976 Page Three AYES: Councilmen Jennings, Pipitone and Mayor Donohoo NOES: Councilman Brown ABSTAIN: Councilman Mitchell Councilman Jennings asked if this project still has to go through the Coastal Commission as well. Mr. Warden said yes. B-2 Report of Cable TV Committee regarding proposed franchise amendments Mr. Warden informed the Council that the Cable TV Committee had met and decided that the franchise agreement as amended is satisfactory, however, they felt that a rebate to the customers is in order due to the poor reception experienced during the change -over of the micro- wave components of the system. Mr. LeSage stated that he had spoken to the attorney for Cable TV regarding questions the Council had at the last meeting on the proposed amendments. He explained the reasons for inclusion of these amendments. The change in the ordinance concerning installing new connections in accordance with "strand feet" is not clear to the City since "strand feet" is not defined. Mr. LeSage suggested leaving the present method for computing new connection.�requirements in the ordinance at this time. Mr. Warden stated that if Council concurs in the recommendations of the City Attorney, they should direct Staff to draft an ordinance and set the date for hearing the matter. Art Hapgood asked for an opportunity to meet with the committee regarding the proposed changes since they have not yet had the oppor- tunity to do so. It was decided that this could be accomplished be- fore the hearing date. MOTION: Councilman Jennings moved that a public hearing date to consider the proposed changes to the Cable TV ordinance be set for February 23, 1976. The motion was seconded by Council- man Brown and unanimously carried. There was mention of the rebate as proposed by the Committee. Mr. Hapgood stated that the rebate issue is completely separate from the proposed changes to the ordinance. B-3 Report of status of park site - North Morro Bay Mr. Warden reported that he had met with a representative from Standard Oil regarding the City's request to acquire property from them located at the end of Island Street in Morro Bay and consisting of approximately ten acres. He was informed that Standard Oil does not, as a matter of policy, donate property, however, they would sell the property to the City at a reasonable cost and on the condition that the property would be used for a park site and that they, Standard Oil, would retain mineral rights. Mr. Warden sketched the property on the board and outlined the possibilities for a park site in that area. MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL - January 26, 1976 Mr. Warden stated that the matter was before Council at this time for an indication as to their feelings in the matter and if they wished Staff to pursue acquisition and obtain a firm figure on the costs. All Council members were interested in the acquisition of the property to establish a park in North Morro Bay. The Park and Recreation Commission has also reviewed the area and find it ideal. MOTION: Councilman Jennings moved that Staff be authorized to proceed on the matter with due diligence. The motion was seconded by Councilman Pipitone-arid unanimously carried. UNFINISHED BUSINESS C-1 Consideration of Ordinance No. 143 amending sign ordinance with regard to real estate signs Mr. Nuzum stated that this matter had been referred back to the Planning Commission at the request of Council for further input from the public and consideration by the Commission. The matter was re- viewed at the last Commission meeting. Eleven people had spoken to the Commission regarding the size for real estate signs. The Commission had unanimously decided to recommend the 12" x 12" sign and cited the reason that this size had not been detrimental to the sale of real estate within the City.and they did not feel that a 12" x 12" sign would be unduly restrictive. Councilman Mitchell stated .that he was satisfied that the matter had been sufficiently considered and concurred in the recommen- dation of the Planning Commission. MOTION: Councilman Mitchell moved that the Council approve the recommendation of the Planning Commission and adopt the 12" x 12" sign. The motion was seconded by Councilman Pipitone. It was noted that this would be the first reading of Ordinance No. 143. MOTION: Councilman Mitchell withdrew his motion and Councilman Pipitone his second. MOTION: Councilman Mitchell moved that Ordinance No. 143 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Ordinance No. 143 by title only. MOTION: Councilman Mitchell moved that this constitute the first reading of Ordinance No. 143. The motion was seconded by Councilman Pipitone and unanimously carried by roll call vote. C-2 Request for interpretation of sign ordinance - Hinson's Tire Service MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL - January 26, 1976 Mr. Nuzum explained that the Planning Commission had first heard this matter on November 17, 1975, and had determined that the sign was a product sign and as such could not be allowed. The applicant then submitted a letter appealing the Commission's de- cision to the City Council. Since, at that time, the applicant presented further information about the size of the individual words on the sign and, since a representative of City Neon had not been present at the previous meeting, Mr. Nuzum decided that the new in- formation was significant enough to be heard before the Commission again. The Planning Commission on December 15, 1975, stated that action on the matter had been completed and refused to reopen the hearing. Mr. LeSage informed the Council that the ordinance permits identification signs which advertise the name of the business or enterprise and it may state a brief description of the service it performs or type of merchandise it sells. Dick Baxter, Planning Commissioner, stated that the Planning Commission action followed the policy they have been historically following with regard to granting permits to other businesses in the community. Tom Cantine, Planning Commissioner, also stated that the Commission felt that the proposed sign is in flagrant violation of the ordinance in that it is so obviously a product sign. Paul Moerman, representing the applicant, City Neon, passed a photograph around to the Council showing how the sign actually looks. Council members were in receipt of a drawing which, supposedly, showed how the sign was to look and Mr. Moerman informed them that that drawing was an over-the-counter scale he drew in a hurry. He felt that the Council should have seen the photograph he mailed to the Planning Director and could not understand why the Council did not have an up-to-date drawing. Mr. Warden explained to Mr. Moerman that it is his responsibility to provide any drawings or other materials necessary for the Council and/or Planning Commission to render a decision. Mr. Moerman thought that the photograph showing what the sign actually looks like is a more reasonable sign than the one in the drawing. Councilman Jennings felt that the Council should have been provided with a scale drawing of the actual sign in order to make a determination. Councilman Mitchell felt that the Planning Commission decision should be upheld since the actual sign is obviously a product sign and not an identification sign. However, since the sign the Council is considering is different from the original sign presented to the Planning Commission, Mr. Moerman is free to apply for another permit on the basis of a new sign. Mr. Moerman felt that his company and client were being discrimi- nated against since there are several signs of this nature in the City already. MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL - January 26, 1976 MOTION: Councilman Brown moved that the appeal by Hinson's Tire Service from Planning Commission denial of a sign permit be upheld because it is a product sign rather than an identification sign. The motion was seconded by Councilman Mitchell. Councilman Pipitone agreed with Councilman Jennings that the Council should have been provided with a scale picture of the sign to put it in its proper perspective. The motion was carried with Councilmen Jennings and Pipitone abstaining. NEW BUSINESS D-1 Consideration of contract for San Luis Obispo County and Cities Area Planning Coordinating Council Mr. Warden explained that the Council had previously approved the implementation of the County Regional Transportation Plan and agreed to share in costs for a transit manager to perform this task. The Area Council desires to hire Mr. John Nickelson and the Council is in receipt of a copy of his contract for a one year period. It was decided to hire Mr. Nickelson under contract on a year-to-year basis since it is not known how long the implementation of the Plan will take. Councilman Brown asked how much the health benefits listed in the contract will cost the City. There was discussion regarding this and it was decided that it would be a minimal amount. MOTION: Councilman Brown moved that Council approve the hiring of a Transit Manager and the City will reimburse the County on a pro-rata basis for the health program. The motion was seconded by Councilman Mitchell and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E_1 City Council Council members had nothing to report at this time. E_2 City Attorney Mr. LeSage requested a short executive session to consider possible 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 possible litigation. The motion was seconded 0 9 MINUTES - MORRO BAY CITY COUNCIL Regular.Meeting - January 26, 1976 Page Seven by Councilman Pipitone and unanimously carried. The meeting adjourned to executive session at 8:58 p.m. and returned to regular session at 9:23 p.m. MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Mitbhell and unanimously carried. The meeting adjourned at 9:23 p.m. RECORDED BY: M. L. WARDEN City Clerk By* Ardith Davis Deputy City Clerk 46 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING January 12, 1976 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 adjourned regular meeting of December 9, 1975 A-2 Minutes of the executive meeting of December 9, 1975 A-3 Minutes of the regular meeting of December 22, 1975 A-4 Financial Statement, 7-1-75 to 12-31-75 (RECOMMEND APPROVAL) A-5 Expenditure Report, 12-16-75 to 12-31-75 (RECOMMEND APPROVAL) A-6 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-7 Resolution No. 1-76 approving amendment to lease with Mary C. Batteiger, Lease Sites No. 51,51W (RECOMMEND ADOPTION) A-8 Resolution No. 2-76 of intention to vacate Williams Brothers alley and setting date for hearing, 2-26-76 (RECOMMEND ADOPTION) A-9 Resolution No. 3-76 approving grant of Use Permit Agreement _ to Morro Bay Art Assocation (RECOMMEND ADOPTION) A-10 City Neon appeal on behalf of Bill Hinson's Tire Co. (RECOMMEND ITEM BE RECEIVED AND REFERRED TO CITY ATTORNEY) A-11 Award of bid to furnish irrigation supplies for Lila Keiser Park to Smith Pipe & Supply Co. in the amount of $6962.89 (RECOMMEND APPROVAL) HEARINGS, APPEARANCES AND REPORTS B-1 Appeal of Robert D. Wendt for Mr. & Mrs. Jack Peters and Mr. & Mrs. Roger Cliff from Planning Commission denial of application to remodel premises at 830 Embarcadero B-2 Appeal of Grace A. Melton from Planning Commission denial of variance to build a carport at 351 Java UNFINISHED BUSINESS C-1 Draft revisions to Cable TV franchise to meet FCC requirements C-2 HUD Community Development Block Grant pre -application NEW BUSINESS D-1 Consideration of Ordinance regard to real estate signs D-2 Request of Brebes Morro Bay Lease Sites No. 110W, 111W, No. 143 amending sign ordinance with Fisheries for additional water lease, and 112W INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator ql 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday January 12, 1976, 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 Grace A. Melton repre- senting Helen M. Reed from Planning Commission denial of a.Variance to allow a 9' 6" carport, rather than the required 10', 351 Java 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: December 26, 1975 FRED R. DONOHOO, Mayor City of Morro Bay, California By:VvMIVL. WARDEN, City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Monday, January 12, 1976, 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 Robert D. Wendt repre- senting .Mr. and Mrs. Jack Peters and Mr. and Mrs. Roger Cliff from Planning Commission denial of an application to remodel premises at 830 Embarcadero, 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: December 26, 1975 FRED R. DONOIiOO, Mayor City of Morro Bay, California By: WWARDEN, City Clerk 4 6 MINUTES:- MORRO BAY CITY COUNCIL Regular Meeting January 12, 1976 - 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 Edward Moore of the Cayucos Community Church 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 December 9, 1975 A-2 Minutes of the executive meeting of December 9, 1975 A-3 Minutes of the regular meeting of December 22, 1975 A-4 Financial Statement, 7-1-75 to 12-31-75 (RECOMMEND APPROVAL) A-5 Expenditure Report, 12-16-75 to 12-31-75 (RECOMMEND APPROVAL) A-6 Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) A-7 RESOLUTION NO. 1-76 approving amendment to lease with Mary C. Batteiger, Lease Sites No. 51, 51W (RECOMMEND ADOPTION) A-8 RESOLUTION NO. 2-76 of intention to vacate Williams Brothers alley and setting date for hearing, 1-26-76 (RECOMMEND ADOPTION) A-9 RESOLUTION NO.3-76 approving grant of Use Permit Agreement to Morro Bay Art Association (RECOMMEND ADOPTION) A-10 City Neon appeal on behalf of Bill Hinson's Tire Co. (RECOMMEND ITEM BE RECEIVED AND REFERRED TO CITY ATTORNEY) A-11 Award of bid to furnish irrigation supplies for Lila Keiser Park to Smith Pipe & Supply Co. in the amount of $6962.89 (RECOMMEND APPROVAL) Mr. Warden reviewed items on the Consent Calendar. He requested that the hearing date in Resolution No. 2-76 vacating Williams Brothers alley be changed from January 26, 1976 to February 9, 1976. MOTION: Councilman Jennings moved for the approval of the Consent Calendar, Items A-1 through A-11 with the understanding that approval means taking that action recommended by the City Administrator; also, that Resolution No. 2-76 be amended to set the hearing date for February 9, 1976. The motion was seconded by Councilman Mitchell. Councilman Pipitone requested that Item A-11 be taken off the Consent Calendar. Councilman Jennings amended his motion to indicate approval of Items A-1 through A-10 with the exclusion of A-11. The amendment was accepted by Councilman Mitchell and the motion was unanimously carried. HEARINGS, APPEARANCES AND REPORTS B-1 Award of bid to furnish irrigation supplies for Lila Keiser Park to Smith Pipe & Supply Co. in the amount of $6962.89 6 :J MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL - January 12, 1976 Councilman Pipitone stated that he had requested this item be removed from the Consent Calendar because he objects to spending this amount of money on a water system when the City may be facing a water shortage in the near future. He feels that the money could be spent in better ways. Councilman Mitchell stated that the sprinklers could be left off if there is a ivater shortage as the City has done in the past. Mr. Warden added that the system will more efficiently spread water during the night hours and would save man hours since the City forces will not have to manually move the sprinklers around. MOTION: Councilman Jennings moved for the approval of Item B-1 as recommended by Staff. The motion was seconded by Mayor Donohoo and carried with Councilman Pipitone voting no. B-2 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 Mr. Warden stated that the appellant in this matter had requested that the hearing be continued to the next meeting of the Council. Councilman Mitchell informed the Council that he would abstain from any discussion in this matter since his partner is representing the appellants in this case. B-3 Appeal of Grace A. Melton from Planning Commission denial of variance to build a carport at 351 Java Mr. Nuzum explained that the appellant is requesting a variance to allow the construction of a carport with a width of 9'6", where the Zoning Ordinance requires a width of 10'0". The width between the house and the side property line is 12'6" and the required setback is 3'0" which does not leave enough room to construct the required 10' wide carport. The need for the carport is due to the fact that the garage for the house on the property was constructed on a separate lot which has been sold to a different party. Mr. Nuzum advised that the Planning Commission had denied the request for a variance with the findings that the variance would confirm an illegal act, the illegal act being the selling of the garage without providing other means of satisfying the off-street parking requirements and that the hardship was created by the buyer or seller. The applicant claims that they were not aware of the garage pro- blems before escrow closed, however, Mr. Nuzum stated that the Planning Department did talk with the parties involved at least once before escrow closing. He felt that the applicant's request is the best solution and the Planning Commission did indicate that, had the re- qest been made before the sale of the property, they would have looked favorably on it. Mr. LeSage stated that the Council has the choice to either establish that a hardship existed, keeping in mind that a self-imposed hardship is not grounds for granting a variance, or, deny the appeal. In this case, the applicant would have to comply with off-street parking requirements or buy additional property to accommodate the 6 i MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 12, 1976 Page Three necessary requirements for carport width. Councilman Mitchell stated that he would like to hear from the property owner. Grace Melton informed the Council that she was re- presenting all parties in this case. She spoke on the matter stating that she has documents from the people involved stating that they did not discuss this matter with the Planning Department before escrow closed, nor were they aware of the requirements. Councilman Mitchell asked the City Attorney if a hardship is created by the fact that the buyer was not aware of the parking re- quirements before he bought the property. Mr. LeSage-stated that it is within Council's discretion to make a finding that the purchase had been made in good faith and without knowledge that there was a violation involved. It was noted that the requested variance is within the limita- tions established by County ordinance and was in effect before the City incorporated. MOTION: Councilman Mitchell moved that the appeal be granted, which means that the variance would be granted, and that the Council find that there are special circumstances on the basis that the property has created restrictions which do not exist insofar as other property is concerned because of the facts that have been presented and that this was not self- imposed because of lack of knowledge by the present owner of the existence of this problem. The motion was seconded by Councilman Jennings. Councilman Brown suggested that the motion include that the car- port be in conformance with the type constructed in the area. Councilman Mitchell amended his motion to include that the 9'6" carport be constructed similar to others already established within the zone. The amendment was accepted by Councilman Jennings and the motion was unanimously carried. UNFINISHED BUSINESS C-1 Draft revisions to Cable TV franchise to meet FCC requirements Mr. Warden explained that the proposed changes are required by the FCC and that they do not change the rate structure. Mr. LeSage reviewed the proposed changes. He also advised that these changes open the way to other changes if the Council so desires. There was some discussion of complaints regarding service and a gentleman representing the Micro-Wave_.Corporation stated that to his knowledge, all channels are in good working order. Council members felt that the Cable TV Committee should be reactivated to discuss service problems and report back to Council. MOTION: Councilman Jennings moved that the Cable TV Committee be reactivated and the matter referred 0 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL - January 12, 1976 to them. The motion was seconded by Councilman Mitchell and unanimously carried. Councilmen Brown and Jennings are the committee members and it was noted that there are time requirements on the proposed franchise changes, so the committee will meet as soon as possible. C-2 HUD Community Development Block Grant pre -application Mr. Warden informed the Council that they are in receipt of a pre -application which will be forwarded to HUD after Council appro- val. It was noted that the pre -application had been reviewed -by the Planning Commission. Mr. Warden reviewed the projects the City in- tends to use the funds for if they are forthcoming. Mr. Warden stated that the chances of the City receiving any funds are not good; however, if there is a possibility, it was felt the City should apply. MOTION: Councilman Jennings moved that the Council approve the recommendations and that the pre -application be submitted. The motion was seconded by Councilman Mitchell and unanimously carried. Jack McAfee, representing the Del Mar School PTA, stated that the residents in that area are very anxious to have a park established and urge Council to act in this area. Gene Shelton stated that re- sidents had been contacting him also requesting a bike path to the elementary school, perhaps along Main Street. NEW BUSINESS D-1 Consideration of Ordinance No. 143 amending sign ordinance with regard to real estate signs Mr. Warden advised the Council that State legislation has been enacted which prohibits cities from passing ordinances denying real estate signs of reasonable size advertising properties as being for sale. The proposed ordinance complies with this legislation and defines the sign size at no more than l' x 1'. This is the size allowed by the present ordinance when the seller is selling his own property. The Council is in receipt of a letter from Red Carpet Realty requesting that the sign size be 18" x 24". Larry Davis, representing Red Carpet Realty, stated that he is also representing the home owner who sells his own home, since 50% of all property sold is between the owner and buyer and does not pass through a realtor's hands. He feels that the l' x 1' sign is too small to carry the information now allowed on the signs and also, that the signs are not easily read by passing motorists. He requested that the Council reconsider the sign size and allow the 18" x 24" sign. MOTION: Councilman Jennings moved that Ordinance No. 143 be read by title only. The motion was seconded by Councilman Brown and unanimously carried. Mr. Warden read Ordinance No. 143 by title only. MOTION: Councilman Jennings moved that this constitute MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 12, 1976 Page Five the first reading of Ordinance No. 143. The motion was seconded by Councilman Brown. Councilman Mitchell requested discussion on the item before a vote. He asked Mr. Nuzum what the Planning Commission's basis was for the present recommendation in sign size. Mr. Nuzum stated that this size was established because it is presently allowed in the ordinance for property owners selling their own property. Mr. Nuzum advised the Council of the public participation at the Planning Commission meeting discussing the sign size and ordinance. Councilman Mitchell felt that this is an important decision. Since the legislature saw fit to change the law to allow brokers' names, addresses and telephone numbers on signs, then adequate con- sideration should be given to the size of the sign to carry this in- formation. He suggested that perhaps the issue should be referred to committee for study. Mr. Warden suggested that this might be con- sidered by the Planning Commission as allowing a committee to over -rule the Planning Commission. Perhaps it would be better to refer it back to the Planning Commission with an expression of the City Council's intent. Mayor Donohoo agreed that the matter needed further study and consideration given to more input from the public. Councilman Brown felt that the public had already been heard at the Planning Commission meeting and at this Council meeting and asked what the Planning Commission would be instructed to do further. Councilman Mitchell stated that the minutes of this meeting could be forwarded to the Commission and they could benefit from the Council's discussion and carry on from there. Mr. Warden stated that this was proper since the Commission did not have the benefit of Council's feelings or any direction on,the matter before they dis= cussed it themselves. Grace Melton and Bea Clark gave their impression on the Planning Commission discussion regarding this matter. Mrs. Melton stated that the Multiple Listing Service had decided to take a stand on the issue as a whole, however, she had notified all members of the Planning Commission and Council members regarding the sign ordinance amendment and urged them to attend to make their feelings known. Councilman Mitchell stated that there were various types of property involved, i.e., commercial, residential, vacant lots, etc., and it may be that the Commission should consider different size signs for different types of property. He simply feels that the matter deserves more consideration and discussion before a final decision is reached. Councilman Jennings withdrew his motion and Councilman Brown his second. MOTION: Councilman Mitchell moved that this matter be referred back to Planning Commission for further discussion and consideration and it be forwarded back to Council with their recommend- ations. The motion was seconded by Councilman Jennings and carried with Councilman Brown voting no. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 12, 1976 Page Six D-2 Request of Brebes Morro Bay Fisheries for additional water lease, Lease Sites No. 110W, 111W, and 112W Mr. Warden stated that Brebes Morro Bay Fisheries has requested an additional five feet on their lease site to construct floats for docks. Mr. Warden feels, however, that Brebes should be made to lease more,water area than that, since the five feet will serve to accommodate the floats only, and the water area used by the boats docked to the floats would not be leased thereby utilizing public property for a private business. Mr. Warden referred to a map of the lease site and suggested the water area between the shore and the northerly arm of the South T pier be leased to Brebes. MOTION: Councilman Jennings moved that Council concur with the City Administrator's recommendation and direct Mr. Warden to prepare an amendment to the lease to that effect. The motion was seconded by Mayor Donohoo and unanimously carried. INDIVIDUAL DETERMINATION AND/OR ACTION E=1 City Council (1) Councilman Jennings suggested that Council appoint another member of the Council to attend the San Luis Obispo County Water Advisory Committee meetings with him. He feels that this is a very important committee and another Council member needs to be aware of the Committee's actions. Councilman Mitchell volunteered for the position. (2) Councilman Mitchell advised that he had received correspon- dence from Stanley Grabowsk, Mayor of the Town of Los Altos Hills, requesting consideration of a resolution supporting the Coast Commission recommendations for acquisition of undeveloped bayfront property within Morro Bay. Mr. Warden stated that there is no -.un- developed, privately rowned .property within the City 'rl'imits,.of'_Morro-.Bay which is on the Coastal Commission's list of recommended acquisitions. E=2 City Attorney Mr. LeSage had nothing to report at this time. E-3 City Administrator (1) Mr. Warden stated that he had a Transfer Voucher for Council approval for $1900 to purchase laboratory equipment for the Treatment Plant in order to qualify for Laboratory Certification. It is necessary to purchase the equipment or the work will have to be sent out. MOTION: Councilman Jennings moved for the approval of the Transfer Voucher in the amount of $1900 for purchase of laboratory equipment. The motion was seconded by'Councilman Pipitone and unanimously carried. (2) Mr. Warden stated that the City is working with the U. C. Agricultural Extension regarding sample soil tests in MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 12, 1976 Page Seven Chorro Valley in order to determine the impact of effluent on the soil. The testing will be done on Mr. John Manic's and on City properties. These tests are necessary for the State to make a judgment on the reclamation project. (3) Mr. Warden stated that the City has been working with the Police Association and their attorney on converting police- women to patrol officer status. The City has offered to convert the women in a probationary status, with physicals required if they do not have one on file, to ;patrol officer status without competition. If they do not wish to convert, they would be given the option of re-- taining their current status until they terminate or retire. Also, if, after a probationary period as patrol officer, they do not make the grade or do not wish to convert, they could return to their present pay scale as police service assistants. The police women, however, are of the opinion that they should receive back pay since they feel that they have been police officers all along. The first step of the Grievance procedures has been taken and the problem has not been resolved. It is now in order for the Council to select two of its members to meet with the Association attorney and the police women. If the problem is not resolved, it will go then to the whole Council. Councilman Pipitone requested that his name be withdrawn since he had been on the police force and presently has many friends on the force. Councilman Mitchell requested that he be a member of the Committee. Mayor Donchoo appointed Councilman Mitchell and himself to be on the committee. Mr. Warden stated that the committee should meet within ten days. ADJOURNMENT MOTION: Councilman Jennings moved that the meeting be adjourned. The motion was seconded by Councilman Mitchell and unanimously carried. The meeting adjourned at 9:13 p.m. RECORDED BY: M. L. WARDEN City Clerk By: Ardith Davis Deputy City Clerk